ORS 616.713
Unauthorized food establishments

(1)

As used in this section:

(a)

“Authorization” means a license, permit, certificate or other approval for the operation of a food establishment.

(b)

“Food establishment” has the meaning given that term in ORS 616.695 (Definitions for ORS 616.695 to 616.755).

(2)

In addition to any other authority granted to the State Department of Agriculture, including, but not limited to, condemnation or closure authority under ORS 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) or this chapter or ORS chapter 619, 621, 622, 624 or 625, the department may order the closure of a food establishment if:

(a)

Department authorization for operation of the food establishment is required by law; and

(b)

The authorization has not been obtained or has lapsed.

(3)

Prior to ordering the closure of a food establishment under this section, the department shall give notice:

(a)

As required under ORS 561.300 (Unpaid license fees), if the authorization to operate the food establishment has lapsed.

(b)

As provided by a rule of the department that allows not less than 45 days for compliance, if an authorization to operate the food establishment has not been obtained.

(4)

After providing the notice required under subsection (3) of this section and prior to ordering the closure of a food establishment under this section, the department shall give notice to the owner or operator of the food establishment that the authorization required for operating the food establishment has not been obtained or has lapsed. The department shall send the notice to the owner or operator by certified mail addressed to the last-known address of the person on file with the department or, if none, to the address of the food establishment. The date of mailing must be at least 30 days prior to any order issued by the department under this section for closure of the food establishment.

(5)

Food establishments for which the department may issue an order for closure under this section include, but are not limited to, establishments for which department authorization is required under ORS 603.025 (Licenses required), 616.706 (Licenses), 619.031 (Animal food slaughtering and processing establishments), 621.161 (Operation of dairy products plant without license prohibited), 621.335 (Licenses to make and sell frozen desserts at wholesale), 622.080 (Certificate fees), 625.020 (License required to operate bakery), 625.080 (Distributor’s license required), 625.180 (License fees), 628.220 (License required for locker plant business), 632.715 (Egg handler’s license), 632.730 (Commercial egg breaker’s permit) or 635.027 (License required for manufacture of nonalcoholic beverage). [2019 c.387 §2]
Note: 616.713 (Unauthorized food establishments) was added to and made a part of ORS chapter 616 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 616.713 — Unauthorized food establishments, 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
Green check means up to date. Up to date

Current through early 2024

§ 616.713’s source at oregon​.gov