ORS 616.286
Inspection and investigation powers of department


(1)

For purposes of enforcement of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules), the State Department of Agriculture or any of its authorized representatives are authorized upon presentation of appropriate credentials to the owner, operator or agent in charge:

(a)

To enter at reasonable times any food establishment or warehouse in which food is being held for introduction into commerce or vehicle being used to transport, hold or introduce such food in commerce.

(b)

To inspect at reasonable times and within reasonable limits such food establishment, warehouse or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein, and to obtain samples necessary to the enforcement of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules).

(c)

To have access to and to copy all records of carriers in commerce showing the movement in commerce of any food or the holding thereof during or after such movement, and the quantity, shipper and consignee thereof. Evidence obtained under the authority of this paragraph may not be used in a criminal prosecution of the person from whom obtained and carriers are not subject to other provisions of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) by reason of their receipt, carriage, holding or delivery of food in the usual course of business as carriers.

(d)

To enter at reasonable times any retail food establishment holding a valid liquor license to insure that the retail establishment properly posts the sign required by ORS 471.551 (Warning signs required).

(2)

Upon completion of any inspection of a food establishment, warehouse or vehicle, and prior to leaving the premises, the authorized representative of the department making the inspection shall furnish to the owner, operator or agent in charge a written report setting forth any conditions or practices observed by such representatives which in the judgment of the representative indicate that any food in such establishment, warehouse or vehicle:

(a)

Consists in whole or in part of any filthy, putrid or decomposed substance; or

(b)

Has been prepared, packed or held, in whole or in part, under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

(3)

If the authorized representative of the department making any inspection of a food establishment, warehouse or vehicle has obtained samples in the course of such inspection, upon completion of the inspection and prior to leaving the premises, the representative shall furnish to the owner, operator or agent in charge a receipt describing the samples obtained, and shall tender or offer payment therefor.

(4)

If samples are obtained as provided in subsection (3) of this section, and analyses are made of such samples for the purpose of ascertaining whether such food consists in whole or in part of any filthy, putrid or decomposed substance or is otherwise unfit for food, a copy of the results of such analyses shall be furnished by the department to the owner, operator or agent in charge. [1973 c.227 §12 (enacted in lieu of 616.285); 1991 c.324 §7; 2001 c.320 §6]

Source: Section 616.286 — Inspection and investigation powers of department, https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html.

616.010
State Department of Agriculture and Oregon Health Authority to administer and enforce food laws
616.015
Cooperation between Oregon Health Authority and State Department of Agriculture
616.020
Surveys, investigations and inquiries by Oregon Health Authority
616.028
State Department of Agriculture administration and enforcement of federal or interstate food safety systems
616.065
Certificate of analysis or test as evidence
616.073
Policy and prohibitions on sulfite use
616.077
Oregon Health Authority rules
616.205
Definitions for ORS 616.205 to 616.385
616.210
“Selling of food” construed
616.215
Prohibited acts
616.217
Restriction on labeling or selling food fish product as halibut
616.220
Injunction against violations of ORS 616.215
616.223
Processing of reclaimed fish for food banks
616.225
Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity
616.230
Definitions and standards
616.235
When food deemed adulterated
616.245
Adding poisonous or deleterious substance
616.250
When food deemed misbranded
616.256
Labeling exemption for foods to be repackaged
616.265
When advertisement deemed false
616.270
Determining when label or advertisement misleading
616.275
Liability for dissemination of false advertisement
616.286
Inspection and investigation powers of department
616.295
Reports and information issuable by department
616.305
District attorney to prosecute violations
616.310
Notice or warning of minor violations
616.315
Jurisdiction of courts
616.320
Short title
616.325
Consumer commodity labeling requirements
616.330
Alcoholic beverage exemption
616.333
Diethylstilbestrol use in food
616.335
Definition for ORS 616.205 and 616.335 to 616.385
616.341
Use of poisons, pesticides or food additives restricted
616.345
Rules governing use of pesticide chemicals
616.350
Control of food additives
616.355
Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350
616.360
Standards for rules
616.366
Rules for use of poisons, pesticides, food or color additives
616.380
Enforcement procedure for control of food additives
616.385
Public hearing required for rules
616.555
Definitions for ORS 616.555 to 616.585
616.560
Determination of menu item typical values
616.565
Calorie content information for combination or multiserving items
616.570
Menus, menu boards and food tags
616.575
Rules
616.580
Inspections
616.585
Local disclosure requirements prohibited
616.590
Lack of cause of action or claim
616.680
Definitions for ORS 616.680, 616.683 and 616.686
616.683
Regulatory exemption for sales location and farm direct marketer of certain agricultural products
616.686
Farm direct marketing rules
616.695
Definitions for ORS 616.695 to 616.755
616.700
Department to enforce sanitation requirements for food and food establishments
616.706
Licenses
616.708
Additional users of establishment
616.711
Where licenses not required
616.713
Unauthorized food establishments
616.716
When inspection authorized
616.718
Waiver of routine inspection
616.721
Exemption from ORS 616.695 to 616.755 for federally inspected establishments
616.723
Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings
616.726
City regulation of food and food establishments authorized
616.731
Deposit and use of fees and money
616.735
When insanitary conditions exist
616.740
Condemnation where insanitary conditions exist
616.745
Handling of food by diseased persons prohibited
616.750
Procedure where food handler suspected of disease
616.755
Securing information from health officers
616.761
Standards of identity and quality for olive oil
616.766
Standards of identity and quality for honey
616.775
Definitions for ORS 616.775 to 616.790
616.780
Standards of identity or quality for flours, macaroni and noodle products
616.785
Sale of unenriched flours, macaroni or noodle products prohibited
616.790
Enforcement of ORS 616.775 to 616.790 by department
616.800
Short title
616.805
Definitions for ORS 616.800 to 616.835 and 616.994
616.810
Exemption for alcoholic beverages
616.815
Open date labeling required for packaged perishable food sold at retail
616.820
Label required to be affixed to package not later than time of delivery to retail seller
616.825
Sale of perishable food after expiration of pull date prohibited
616.830
Altering labels or using nonconforming labels prohibited
616.835
Rulemaking authority
616.850
Definitions for ORS 616.850 to 616.890
616.855
Items exempt from unit pricing requirements
616.860
Unit pricing of packaged consumer commodities required
616.865
Temporary sale items exempt
616.870
Prescribed pricing by units of measurement
616.875
Rules
616.880
Written warning notice for minor violation
616.890
Short title
616.892
Single-use plastic straws
616.894
Local plastic straw laws
616.992
General criminal penalty
616.994
Criminal penalty for open date labeling law violations
616.997
Civil penalties
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