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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 61

FOOD SERVICES PROGRAMS

 291-061-0005

Authority and Purpose

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of this rule is to establish uniform standards of sanitation and safety in food programs within the Department of Corrections facilities.

(3) Policy: It is the policy of the Department of Corrections that food programs within each unit adhere to the highest standards possible in providing meal service to inmates and staff.

Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; CD 18-1996, f. 11-20-96, cert. ef. 12-1-96

291-061-0010

Definitions

(1) "Easily Cleanable": Readily accessible and of such material, finish, and so fabricated that soil may be completely removed by normal cleaning methods. Unsealed concrete floors; broken, cracked, or rough finishes on surfaces; unfinished softwood surfaces; and open stud wall or ceiling construction are examples of uncleanable construction and materials.

(2) "Non-Perishable Food": Food which is not readily perishable and includes beverages including but not limited to soft drinks and fruit juices served in sealed prepackaged containers; sterile pasteurized beverages served in original containers; and coffee or tea.

(3) "Readily Perishable Food or Potentially Hazardous Food": Any food, beverage, or ingredient consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry, or any other food capable of supporting rapid and progressive growth of micro-organisms which can cause food infections of food intoxications. However, "readily perishable food or potentially hazardous food" does not include products in hermetically sealed containers processed by sufficient heat to prevent spoilage; nor food or beverage having a uniform pH of 4.6 or lower; or food having a uniform water activity of 0.85 or lower.

(4) "Sanitary or Clean": Unless the context requires otherwise, free from pollution, depredation, micro-organisms, flies, roaches, rodents, other vermin, dust, soil, filth, leakage, or other contamination.

(5) "Sanitize": To submit to a microbicidal process rendering the article free from undesirable and pathogenic organisms.

(6) "Single Service": Any utensil, container, implement, or wrapper manufactured for use only once in the preparation, storage, display, service or consumption of food or beverage.

(7) "Utensil": Any kitchenware, tableware, glassware, cutlery, container, cleaning brush, or other equipment that comes into contact with food or product contact surfaces during cleaning of equipment or during storage, preparation, serving, dispensing, or consumption of food.

Stat. Auth.: ORS 179 & ORS 423
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87

Procedures

 291-061-0041

Safety

(1) Each functional unit will establish and maintain a safe work environment for staff and inmates. A complete safety program should include instruction on the proper use of equipment, cleaning chemicals, fire suppression equipment, knives and their storage, and a floor care program.

(2) Facilities will comply with the Department of Corrections directive on Occupational Safety and Health as well as state and federal regulations.

Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; CD 18-1996, f. 11-20-96, cert. ef. 12-1-96

291-061-0051

Cleanliness of Employees

(1) All staff/inmates shall wear clean outer garments and shall maintain personal cleanliness, grooming, and hygienic practices at all times while engaged in preparing or serving food and drink, or washing and storing utensils and equipment.

(2) No staff/inmate shall resume work after using the toilet room without first washing hands. Except when one handwashing lavatory is allowed under Food Sanitation Rule, OAR 333-150, section 5-203.11(A), after using the toilet facility, food employees shall wash their hands twice, first at a handwashing lavatory in the toilet facility and again at handwashing lavatory in the food preparation area. Hand washing must be thoroughly done before beginning work and must be repeated upon any change of tasks; handling of unwashed or raw foods; after cleaning jobs; or after coughing, sneezing, scratching or other activity that could contaminate the hands.

(3) Effective hair restraints shall be used by all staff/inmates to prevent hair from contacting or falling into food or onto food contact surfaces.

(4) Eating and drinking by staff/inmates shall be prohibited while they are preparing, serving, or handling food.

(5) All inmate workers assigned to the Food Services Section shall shower and change clothes daily.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0150; CD 18-1996, f. 11-20-96, cert. ef. 12-1-96; DOC 9-2004, f. & cert. ef. 9-28-04

 

291-061-0061

Medical Clearances

(1) Written documentation will be furnished by the Health Services Section certifying that an inmate is free from communicable disease and is physically capable of performing the required work in the Food Services Section prior to assignment.

(2) Health Services will prepare and forward medical clearances to the Food Services Section and other designated sections.

(3) Staff supervisors in each area of the Food Services Section shall:

(a) Inform all inmates who apply for a position in food services that a current medical clearance is a requirement;

(b) Visually inspect all inmates assigned to work units for signs or symptoms which could be a health hazard. Those inmates who exhibit symptoms of colds or flu, have cuts, abrasions, or skin rash will not be permitted to work until they have been seen and released for work by Health Services.

(4) Staff supervisors will evaluate and follow up with Health Services any complaints of illness by inmates. Statements about the health of any inmate which could affect the health and well being of staff and inmates will be reported to Health Services and the shift supervisor. The shift supervisor will notify the food services manager if applicable.

Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; CD 18-1996, f. 11-20-96, cert. ef. 12-1-96

 

291-061-0071

Inspections

(1) Annual inspections will be requested of the Oregon Health Division, State Fire Marshal or Occupational Safety and Health Administration. These will be coordinated with the safety and sanitation officer.

(2) Weekly inspections shall be made of all food services areas and equipment.

Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; CD 18-1996, f. 11-20-96, cert. ef. 12-1-96

 

291-061-0095

Additives and Adulterants

Sulfur dioxide, sodium sulfite, sodium bisulfite, potassium bisulfite, sodium metabisulfite, and potassium bisulfite or additives containing one or more of these compounds may not be added to any food or beverage nor kept or stored in any facility. Fresh vegetables, fresh salad items, and fresh fruits to which these chemicals have been added during preparation or handling before delivery to an establishment shall not be served in any facility.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93

 

291-061-0096

Wholesomeness of Food and Drink

(1) All food and drink shall be clean, wholesome, free from spoilage, pathogenic organisms, toxic chemicals, and other harmful substances or articles and so prepared, stored, handled, and displayed as to be safe for human consumption. Except as otherwise stated in section (3), all food and beverage products shall be obtained from commercial sources licensed and inspected by the State Health Division, State Department of Agriculture, U.S. Department of Agriculture or U.S. Food and Drug Administration and operating in compliance with requirements of the agency having jurisdiction. Meat product shall be obtained only from plants licensed and inspected under commercial standards by the U.S. Department of Agriculture or the Oregon Department of Agriculture. Except as provided in sections (2) and (3) below, food products obtained from noncommercial sources or other sources not licensed or regularly inspected by the State Department of Agriculture or the State Health Division shall not be received, stored, prepared, or used in institutional food service.

(2) Fresh fruit and vegetables may be purchased directly from growers who are recognized, commercial growers, and such products must meet at least the same standards and tests required if sold to a commercial vendor.

(3) Institution-grown fruit and vegetables may be accepted for use in Department of Corrections facilities provided:

(a) The Food Service Manager finds them to be safe and wholesome;

(b) The growing, harvesting and handling is under the direction, supervision and management of the facility; and

(c) All fertilizers, pesticides, soil additives, treatment substances or other chemicals are applied in accordance with the product label, and residues of such products do not exceed standards of the U. S. Department of Agriculture, Federal Drug Administration and Oregon Department of Agriculture.

(4) All milk, fluid milk products, ice cream, and other frozen desserts served shall be from sources licensed and regularly inspected by the State Department of Agriculture or commercial out-of-state sources subject to the control of U.S. Food and Drug Administration. Milk products shall be pasteurized in facilities inspected and regulated by the State Department of Agriculture or by the FDA requirements for interstate commerce.

(5) Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a refrigerated bulk container, except where group feeding is practiced and in which a large number of servings of milk are poured at one time and served immediately. In this case, commercial containers larger than 1/2 pint may be used if they are opened immediately before pouring and any unused portions left in the large containers are returned immediately to refrigeration and are used only for cooking. Cream, however, may be dispensed from the original refrigerated container or dispensed from small covered pitchers which are refrigerated or held in ice.

(6) Dehydrated milk and milk products may be used under the following circumstances:

(a) Such products shall be obtained from sources licensed by the Department of Agriculture;

(b) All dehydrated milk products and ingredients shall be made only from pasteurized milk;

(c) Such products shall be stored dry and handled in a manner which precludes contamination;

(d) All reconstituted milk products or rehydrated products containing dried milk products, whether they are instant mixes or cooked after reconstitution, must be rapidly cooled to at least 41 degrees Fahrenheit.

(e) Reconstituted milk must be held at 41 degrees Fahrenheit or colder or at 140 degrees Fahrenheit or warmer at all times until served.

(f) Under no circumstances may any uncooked food or beverage such as "instant" beverages, puddings or fillings or any non-acidified product containing rehydrated milk products which has been held for longer than four hours be served.

(7) All oysters, clams, and mussels shall be from sources licensed and inspected by the State Health Division, State Department of Agriculture, U.S. Food and Drug Administration or U.S. Department of Agriculture. If shucked, they shall be kept until used in the containers in which they were placed at the shucking plant. Shellfish sanitation certificate numbers and dates shall not be defaced, obscured, or removed from the container.

(8) Food additives in form or quantity prohibited by OAR 333-151-010 shall not be added to, mixed with, or packed in any food served.

(9) Home-canned foods or other foods produced, prepared, or packed in noncompliance with Oregon State Department of Agriculture or applicable federal regulations shall not be used or stored on the premises. Nonhazardous on-site processing of food may be evaluated and authorized in writing by the Health Division.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0090; DOC 9-2004, f. & cert. ef. 9-28-04

 

291-061-0100

Serving of Food and Drink

(1) The premises of all food service and preparation facilities shall be kept clean and free of litter or rubbish and all unused or inoperable equipment and utensils.

(2) All food and drink shall be so stored, displayed, and served as to be protected from grease, dust, dirt, insects, vermin, depredation and pollution by rodents, unnecessary handling, overhead leakage, or any other contamination. Sneeze shields shall be used to effectively protect foods in self-service type operations. Sneeze shields shall be designed and installed to intercept at least the zone between all food items on display and elevation 60 to 54 inches above the edge of the tray rail. All storage shall be at least 12 inches off the floor to permit cleaning of the floor, except where storage is on a wheeled platform permitting ease of movement.

(3) All readily perishable food, except when being prepared and until served, shall be kept at 41 degrees Fahrenheit or below, or 140 degrees Fahrenheit or above.

(4) No animals or fowl shall be kept or allowed in any room in which food or drink is prepared, stored, or served except for guide dogs for the blind and for the deaf which are required to be admitted pursuant to ORS 346.610 through 346.991.

(5) All means necessary for the elimination of flies, roaches, vermin, and rodents shall be used. All poisonous compounds used shall be plainly labeled and shall be so colored to be easily identified. Poisonous compounds and medications shall be stored and used in a manner precluding food contamination. Automatic insecticide dispensers, vaporizers, or fumigants shall not be stored or used in food preparation, storage, and serving areas.

(6) Persons not employed or supervised by the establishment shall be excluded from food preparation and storage areas. Only persons whose services are required for operation of the facility shall be allowed in food preparation, storage, and service areas

(7) Food may be served family-style only where such serving is a part of a formal education or therapy program designed specifically for developing physical or social skills in enrolled participants. All other construction, operation, and equipment provisions of these rules must be met in family-style operations.

(8) None of the operations connected with food service or preparation shall be conducted in any room used as living or sleeping quarters. Beds or cots shall not be permitted in any food service facility rooms. Toilet facilities serving living quarters shall not be deemed to meet the requirements of these rules.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; DOC 9-2004, f. & cert. ef. 9-28-04

291-061-0105

Food Preparation

Food shall be prepared with the least possible manual contact, using suitable utensils, and on surfaces that prior to use have been cleaned, rinsed, and sanitized to prevent cross-contamination.

Stat. Auth.: ORS 179 & ORS 423
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87

291-061-0110

Raw Fruits and Raw Vegetables

Raw fruits and raw vegetables shall be thoroughly washed with potable water before being cooked or served.

Stat. Auth.: ORS 179 & ORS 423
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87

291-061-0115

Cooking Potentially Hazardous Foods

Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to a temperature of at least 140 degrees Fahrenheit, except that:

(1) Poultry, poultry stuffings, stuffed meats, and stuffings containing meat shall be cooked to heat all parts of the food to at least 165 degrees Fahrenheit with no interruption of the cooking process.

(2) Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150 degrees Fahrenheit. Microwaved pork must be cooked to at least 170 degrees Fahrenheit internally measured temperature.

(3) Microwaved beef must reach an internal measured temperature of 145 degrees Fahrenheit. Conventionally cooked beef must reach an internal temperature of at least 140 degrees Fahrenheit before it is served.

Stat. Auth.: ORS 179 & ORS 423
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87

291-061-0120

Liquid, Frozen, Dry Eggs and Egg Products

Liquid, frozen and dried egg products shall be used only for cooking and baking purposes. Whole shell eggs, reconstituted dry egg products, raw and cooked egg products, and all foods containing egg products shall be refrigerated at 41 degrees Fahrenheit or less or held at or above 140 degrees Fahrenheit at all times. Dried egg products may be stored at room temperature until mixed with other foods and/or rehydrated.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; DOC 9-2004, f. & cert. ef. 9-28-04

291-061-0125

Reheating

(1) Potentially hazardous foods that have been cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165 degrees for 15 seconds.

(2) Specified under this section, potentially hazardous food reheated in a microwave oven for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165 degrees and the food is rotated or stirred, covered, and allowed to stand covered for two minutes after reheating.

(3) Ready-to-eat food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant, shall be heated to a temperature of at least 140 degree for hot holding.

(4) Reheating for hot holding shall be done rapidly. The time the food is between the temperatures specified under all the above may not exceed two hours. Steam tables, bainmaries, warmers, and similar hot food holding equipment shall not be used for the rapid reheating of potentially hazardous foods.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; DOC 9-2004, f. & cert. ef. 9-28-04

 291-061-0126

Ready to Eat, Potentially Hazardous Food, and Date Marking

Refrigerated, ready-to-eat, potentially hazardous food prepared that is held refrigerated for more than 24 hours in a food establishment shall be clearly marked at the time of preparation to indicate the date by which the food shall be consumed, which includes the day of preparation. The date marked shall be:

(1) Seven calendar days or less from the day the food is prepared, if the food is maintained at 41 degrees or less as specified.

(2) Four calendar days or less from the day of food is prepared, if the food is maintained at 45 degrees or less as specified.

(3) The day the food is thawed, to indicate that the food shall be consumed within 24 hour.

(4) The date the food is placed into the freezer, to indicate the length of time before freezing that the food is held refrigerated and which includes the day of preparation.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 9-2004, f. & cert. ef. 9-28-04

291-061-0130

Nondairy Products

Nondairy creaming, whitening, or whipping agents may be reconstituted on the premises only when they will be placed in shallow, sanitized, covered containers and cooled rapidly to 40 degrees Fahrenheit or below immediately after preparation. After cooling, such products may be stored in larger containers. In no case shall the quantity prepared exceed the amount to be used the same day.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93

 

291-061-0135

Product Thermometers

Metal stem-type, numerically-scaled indicating thermometers, accurate to plus or minus two degrees Fahrenheit, shall be provided and used to assure the attainment and maintenance of proper internal cooking, holding, or refrigeration temperatures of all potentially hazardous foods.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93

 

291-061-0140

Thawing Potentially Hazardous Foods

Potentially hazardous foods shall be thawed:

(1) In refrigerated units at a temperature not to exceed 40 degrees Fahrenheit;

(2) Unwrapped and under potable running water of a temperature of 70 degrees Fahrenheit or below with sufficient water velocity to agitate and float off loose food particles and thawed liquids into the overflow; or

(3) In a microwave oven, but only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the complete cooking process occurs uninterrupted in the microwave oven; or

(4) As part of a conventional cooking process.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93

 

291-061-0145

Food Transportation

During transportation, food and food utensils shall be kept in covered containers or completely wrapped or packaged to be protected from contamination. Foods in original individual packages do not need to be over wrapped or covered if the original package has not been torn or broken. During transportation, including transportation to another location for service, food shall meet the requirements of these rules relating to food protection and food storage. Readily perishable foods shall be kept below 40 degrees Fahrenheit or above 140 degrees Fahrenheit during transport and until served.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; DOC 9-2004, f. & cert. ef. 9-28-04

 

291-061-0170

Construction of Utensils and Equipment

(1) All multi-use utensils and display cases or windows, counters, shelves, tables, refrigeration equipment, sinks, drainboards, dish tables, cutting boards, and other equipment or utensils shall be easily cleanable and shall be kept in good repair. All equipment shall be installed in a manner providing ease of cleaning beneath and behind such unit.

(2) Food contact utensils containing or plated with cadmium or lead shall not be used provided, however, that silver solder or solder containing less than five percent lead may be used for jointing.

(3) Containers with seams which are not sealed flush with the surface shall not be reused. Single service containers or utensils shall not be reused unless such utensil is durable, easily cleanable, and in good repair.

(4) Chipped, cracked, or crazed graniteware or enamelware shall not be used.

(5) If wooden surfaces or utensils are used, they shall be equal in hardness to rock maple, in good repair, and kept clean.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0055

 

291-061-0180

Cleaning and Sanitizing Utensils and Equipment

(1) Cleaning frequency:

(a) Tableware shall be washed, rinsed, and sanitized after each use;

(b) Kitchenware (pots, pans, and equipment) and food contact surfaces or equipment shall be washed, rinsed, and sanitized after each use;

(c) All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks shall be kept clean and free of encrusted grease deposits and dust, dirt, insects, food particles, and other contaminating materials;

(d) Any food contact surface of grills, griddles, and other similar cooking devices shall be cleaned after each use period, and shall be kept free of encrusted grease deposits and dust, dirt, insects, food particles, and other contaminating materials.

(2) Wiping Cloths. Moist cloths or sponges used for cleaning nonfood contact surfaces of equipment counters, dining table tops, and shelves shall be kept clean and used for no other purpose. These cloths and sponges shall be stored in a sanitizing solution as specified in "Manual Cleaning of Utensils and Equipment" (OAR 291-061-0190) between uses.

(3) A food service or food preparation area in which multi-use utensils are never used and which serves only prewrapped items and/or uses only single service utensils, and/or uses only machines or equipment which may be cleaned in place shall not be required to provide a compartmentalized sink or a machine dishwasher.

(4) No substance, article, or chemical compound containing a highly toxic material or imparting a toxic or harmful nature to a utensil shall be used for polishing or cleaning of equipment or utensils.

(5) All soaps, detergents, sanitizers, and other additives used for dishes, utensils, and food contact surfaces must have been manufactured for use on food contact surfaces and labeled as such. Sanitizers must be registered with the U.S. Environmental Protection Agency and used strictly in accordance with the registered label.

(6) All cleaning materials and equipment shall be stored in an adequate storage area. Such storage shall not be permitted with or near food products.

(7) Soiled linens, coats, and aprons shall be kept in containers provided for this purpose.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0060

 

291-061-0190

Manual Cleaning of Utensils and Equipment

(1) Manual washing and sanitizing may be practiced for small batches of utensils and for equipment that cannot be conveniently or effectively cleaned by mechanical warewashing machines. A three-compartment sink with each compartment of sufficient size to allow immersion of the largest multi-use utensil is required. A two-compartment sink of a size allowing immersion of each utensil is allowed only if hot water is used to sanitize.

(2) Each sink compartment shall be supplied with hot and cold potable running water.

(3) Each dishwashing facility shall be equipped with drainboards or sorting tables, one for soiled utensils and a separate one for clean utensils. They shall be of adequate size to handle peak washing loads in a sanitary manner.

(4) Wooden racks, toweling, absorbent materials, or other materials which are not easily cleanable will not be used on drainboards and dish tables.

(5) Fixed equipment or equipment too large to be cleaned in a sink compartment shall be cleaned and sanitized in place. Cleaning shall be by manual washing or by pressure spray.

(6) Washing, rinsing, and sanitizing shall be in the following sequence when done manually:

(a) Equipment and utensils shall be thoroughly washed in the first compartment with a hot detergent solution of at least 120 degrees Fahrenheit;

(b) Equipment and utensils shall be rinsed free of detergents and abrasive with clean hot water in the second compartment;

(c) Equipment and utensils shall be sanitized in accordance with section (7) of this rule. The sanitizers of choice are hot water, chlorine, iodine, or quaternary ammonium compounds formulated and labeled for use on food contact surfaces.

(7) Food contact surfaces of all equipment and utensils shall be sanitized by:

(a) Immersion for at least 1/2 minute in clean, hot water at a temperature of at least 170 degrees Fahrenheit; or

(b) Immersion for at least one minute in a clean solution containing 50 to 100 parts per million of available chlorine as hypochlorite and at a temperature of at least 75 degrees Fahrenheit; or

(c) Immersion for at least one minute in a clean solution containing 12.5 to 25 parts per million of available iodine and having a pH not higher than 5.0 at a temperature of at least 75 degrees Fahrenheit; or

(d) Immersion for at least one minute in a clean solution of quaternary ammonium at a solution strength of 200 parts per million;

(e) Other methods of washing and sanitizing utensils and other sanitizing compounds may be accepted by the Health Division Administrator upon application from the institution or state agency operating the institution. The application must provide proof that the method is consistently effective and safe; that any chemicals used are manufactured for use on food contact surfaces and are registered as such with the U.S. Environmental Protection Agency; and that the label instructions comply with minimum requirements of this rule [sections (1) - (9) of this rule];

(f) Rinsing or spraying with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under subsection (7)(b) or (c) of this rule in sanitizing of fixed equipment or equipment too large to be sanitized in a sink compartment. Because of its potential toxicity, quaternary ammonium may not be used in excess of 200 parts per million and is, therefore, unsuitable as a spray or rinse for fixed equipment.

(8) When hot water is the method of sanitizing, the following shall be used:

(a) A heating device installed on or under the sanitizing compartment of the sink in a manner which would prevent any direct contact by the operator. The heating device must be able to maintain the water at a temperature of at least 170 degrees Fahrenheit;

(b) A thermometer, accurate to plus or minus three degrees Fahrenheit, shall be kept close to the sink for frequent checks of water temperature; and

(c) Dish baskets shall be large enough to permit complete covering of the tableware, kitchenware, and equipment by the hot water.

(9) Every establishment in which chemical sanitizers are used shall provide a testing kit or device that will accurately measure the concentration in parts per million for each sanitizer used. Dishwashing personnel shall test frequently the level of the sanitizer in solution.

(10) Notwithstanding sections (1) through (8) of this rule, any institutional kitchen having no multi-use utensil or no equipment which comes into contact with readily perishable foods or beverages shall not be required to provide three sink compartments so long as all other requirements of sections (1) through (9) of this rule are followed including the washing, rinsing and sanitizing sequence.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0065

 

291-061-0200

Mechanical Cleaning and Sanitizing of Utensils and Equipment

(1) All mechanical dishwashing devices must be commercially rated and MSF approved meeting subsections (1) through (3) of this rule.

(a) Machines and devices shall be properly installed and maintained in good repair and shall be operated in accordance with manufacturer's instructions. For all nonconveyor machines, the cycle control switch shall automatically reset to the off position if a cycle is interrupted. Utensils and equipment placed in the machine shall be exposed to all cleaning and sanitizing cycles. Automatic detergent dispensers, wetting agent dispensers, and liquid sanitizer injectors, if any, shall be properly installed and maintained.

(b) The pressure of final sanitizing rinse water supplied to spray-type dishwashing machines shall not be less than 15 nor more than 25 pounds per square inch measured in the water line immediately adjacent to the final rinse control valve. A 1/4 inch IPS (Iron Pipe Size) valve shall be provided immediately upstream from the final rinse control valve to permit checking the flow pressure of the final rinse water.

(c) Machine or waterline-mounted, numerically-scaled indicating thermometers, accurate to plus or minus three degrees Fahrenheit, shall be provided to indicate the temperature of the final rinse water as it enters the manifold. The temperature of the final rinse will be checked and logged during every meal.

(d) In multi-tank machines, rinse water tanks shall be protected by baffles, curtains, or other effective means to minimize the entry of wash water into the rinse water. Conveyors in dishwashing machines shall be accurately timed to assure proper specifications are attached to the machines.

(e) Drain boards shall be provided and be of adequate size for the proper handling of soiled utensils prior to washing and cleaning of utensils following sanitization. This does not preclude the use of easily movable dish tables for the storage of cleaned utensils following sanitization. Wooden racks, toweling, absorbent materials or other materials which are not easily cleanable will not be used on drainboards and dish tables.

(f) Equipment and utensils shall be flushed or scraped and, when necessary, soaked to remove gross food particles and soil prior to being washed in a dishwashing machine operation unless a prewash cycle is a part of the dishwashing machine. Equipment and utensils shall be placed in racks, trays, baskets, or on conveyors in a way that food contact surfaces are exposed to the unobstructed application of detergent wash and clean rinse waters and in a way that permits free draining.

(g) Domestic or home-style dishwashers shall not be used unless modified by the manufacturer or factory representative to meet specifications of water pressure, water temperature, and cycling control in subsections (1) through (3) of this rule.

(2) Machines using chemicals for sanitization may be used, provided the following requirements are satisfied in addition to subsection (1) of this rule:

(a) The temperature of the wash water shall not be less than 120 degrees Fahrenheit;

(b) The wash water shall be kept clean;

(c) Chemicals added for sanitization purposes shall be automatically dispensed;

(d) Utensils and equipment shall be exposed to the final chemical sanitizing rinse in accordance with manufacturer's specifications for the time and concentration. In no case shall the chemical concentration be less than 50 parts per million chlorine or 12.5 parts per million iodine;

(e) The chemical sanitizing rinse water temperature shall not be less than the manufacturer's recommended temperature and in no case less than 75 degrees Fahrenheit; and

(f) A test kit or other device that accurately measures the parts per million concentration of the sanitizing solution shall be provided by the institution and shall be used regularly to assure proper concentrations.

(3) Machines using hot water for sanitizing may be used provided the following requirements are satisfied in addition to subsection (1) of this rule:

(a) The wash water and pumped rinse water shall be kept clean.

(b) The water shall be maintained at a minimum of 120 to 140 degrees Fahrenheit for the wash cycle.

(c) The rinse cycle shall be 160 degrees Fahrenheit as measured at the level of the dish rack.

(d) The pressure during the rinse cycle shall be 15 to 25 pounds per square inch.

(4) Drying: After sanitizing, all equipment and utensils shall be air dried. Utensils may not be rinsed after the sanitizing cycle, and towel drying may not be practiced.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0070; DOC 9-2004, f. & cert. ef. 9-28-04

 

291-061-0210

Storage and Handling of Utensils and Equipment

(1) After sanitizing, utensils shall be stored in a clean, dry place protected from grease, dust, dirt, insects, food particles, and other contamination and shall be handled in such a way to prevent contamination.

(2) Paper cups, plates, forks, spoons, straws, and other single service containers and utensils shall be purchased in sanitary cartons and stored therein in a clean dry place until used. These articles shall be handled in a sanitary manner. Individually-wrapped straws shall be required unless a sanitary dispenser is used.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0075

291-061-0220

Floors

(1) The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed or stored shall be smooth, easily cleanable, and shall be kept clean and in good repair.

(2) Dustless methods of floor cleaning shall be used during hours of preparing or serving food.

(3) Rugs, mats and runners may not be used on floors of food preparation, storage and service areas, or dishwashing rooms unless such articles are smooth and impervious to moisture and are removed and thoroughly cleaned and dried each day.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0015

 

291-061-0230

Walls and Ceilings

Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is prepared or stored shall be finished in a light color. The walls of all rooms in which food or drink is prepared or utensils are washed or stored and all toilet rooms shall have a smooth, washable, easily cleanable surface up to the level reached by splash or spray.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0020

 

291-061-0240

Doors and Windows -- Vermin, Rodent and Insect Control

Flies shall not be present in food preparation storage, dining or serving areas. All openings into the outer air shall be effectively screened and doors shall be self-closing unless other effective means are provided to prevent the entrance of flies, rodents, or other pests.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0025

 

291-061-0250

Lighting

(1) All rooms in which food or drink is prepared or in which utensils are washed shall be uniformly lighted with a minimum of 30 foot candles on all work surfaces and ten foot candles at floor level. Store rooms shall be uniformly lighted with a minimum of four foot candles at floor level.

(2) Lighting equipment shall be kept clean.

(3) Dining rooms shall be provided with lighting fixtures capable of providing a minimum of ten foot candles of light at floor level and shall be used during cleaning operations.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0030

291-061-0260

Ventilation

(1) All rooms in which food is stored, prepared, or served or in which utensils are washed shall be adequately ventilated to eliminate odors, condensation of water vapor, and the settling of grease residues.

(2) Hoods shall be equipped with filters or other easily cleanable filtering devices.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0035

291-061-0270

Toilet Facilities

(1) Every establishment shall be provided with toilet facilities for its food preparation or service workers. The toilet rooms shall be in or immediately adjacent to the food service or preparation area and shall provide fixtures for employees or workers in the following numbers:

(a) 1 - 9, minimum toilets 1, minimum lavatories 1;

(b) 10 - 24, minimum toilets 2*, minimum lavatories 1;

(c) 25 - 49, minimum toilets 3*, minimum lavatories 2;

(d) 50 - 74, minimum toilets 4*, minimum lavatories 2;

(e) 75 - 100, minimum toilets 5*, minimum lavatories 3;

(f) For each 30 addition or fraction thereof of employees or workers add 1* toilet and 1 lavatory.

*Up to 2/3 of toilets may be urinals.

NOTE: In facilities constructed prior to July 1, 1986, toilet facilities located within 500 feet of the work area may be counted in this determination if such facilities are available without assistance to workers during all work periods.

(2) Where there are ten or more employees during any work shift, there must be separate restrooms provided and designated for each sex unless all employees on duty at any given time are of the same sex.

(3) Every toilet room must have at least one lavatory provided with hot and cold or tempered (80-110 degrees F.) water, soap and sanitary towels or hot air blowers.

(4) The doors of all toilet rooms shall be self-closing except where security measures require constant surveillance of residents or inmates.

(5) Toilet rooms shall be kept clean, in good repair, well lighted, free from odors, and well ventilated. Signs requiring handwashing by employees shall be posted in all toilet rooms and by all handwashing sinks used by employees or food workers.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0040

 

291-061-0280

Water Supply

Running water under at least 20 p.s.i. pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed. The water supply shall be continuous in quantity and from an approved community or public water supply system which is constructed, protected, operated, and maintained in conformance with ORS Chapter 448, and OAR Chapter 333 (Health Division), OAR 333-061-0005 to 333-061-0095 and shall be in accordance with the standards of quality set forth in those rules.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0045

 

291-061-0290

Lavatory Facilities

(1) Adequate, convenient, clean handwashing facilities for all personnel shall be provided, including hot and cold or tempered (80-120 degrees F.) running water, soap and sanitary towels in each food preparation and food service area.

(2) Sanitary towel dispensers or hot air blowers shall be provided at all times. The use of common towels is prohibited.

(3) Utensil washing and food preparation sinks shall not be used for handwashing, except that prerinse sinks in the dishwashing area may be used to wash hands and shall be equipped with soap and sanitary towels and posted with a handwashing sign.

(4) No employee shall resume work after using the toilet room without first washing hands.

(5) Handwashing must be thoroughly done before beginning work and must be repeated upon any change of tasks; handling of unwashed or raw foods; after cleaning jobs; or after coughing, sneezing, scratching or other activity that could contaminate the hands.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0050

 

291-061-0300

Plumbing and Disposal of Wastes

(1) All liquid wastes resulting from food preparation, cleaning and rinsing utensils, floors, flush toilets, lavatories, and air conditioners shall be disposed by public sewer systems or by individual disposal system in compliance with ORS Chapter 454 and requirements of the State Department of Environmental Quality.

(2) All plumbing must comply with the State Plumbing Specialty Code. It shall be so designed, installed, and maintained as to prevent contamination of:

(a) The water supply through interconnections and backsiphonage from fixtures, including dishwashing and sinks;

(b) The establishment's environment, equipment, and food due to sewer leakage and blockage.

(3) Steam tables, steam kettles, automatic peelers, waste grinders, aspirators, dishwashing machines, chemical injectors, hose bibs, or other devices connected to the water supply system shall be equipped with backflow prevention devices approved by the State Health Division and capable of preventing backflow to the fixture. Backflow devices shall be functional and in good repair at all times. Atmospheric vacuum breakers will be installed at least six inches above the free draining outlet or overflow rim of the fixture. Vacuum breakers serving hose bibs will be located on an elevated tower at least six inches above the highest point at which the hose will be used. Hoses or other equipment having shutoff valves will be protected by airgaps, airbreaks, pressure-type vacuum breakers, reduced pressure devices or equivalent protection.

(4) Drainlines serving steam tables, ice bins, food preparation sinks, dishwashers, and any other equipment containing food, food utensils, or food contact surfaces shall be indirectly drained via airbreaks or airgaps as necessary to ensure that waste may not be drawn or forced back into the equipment.

(5) All garbage and trash shall be kept in watertight, nonabsorbent, and easily washable receptacles. All receptacles for storage or garbage outside of room protected from fly and rodent entry shall be covered with close-filling lids pending removal. Removal shall be frequent and the holding area shall be kept clean.

(6) All garbage receptacles shall be washed when emptied, and steamed or treated with a disinfectant, if necessary, to prevent a nuisance.

(7) Equipment sufficient to prevent littering of premises with rubbish, garbage, or other refuse and wastes shall be provided and maintained. All rubbish and garbage storage containers shall be located in hard surfaced area in order to facilitate removal of spillage.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0080

 

291-061-0310

Refrigeration

(1) All readily perishable food shall be kept at or below 45 degrees Fahrenheit except when being prepared or served. Readily perishable foods shall be placed in shallow containers under refrigeration until cooled below 45 degrees Fahrenheit. When cooled below 45 degrees Fahrenheit, they may be stored in deep containers. Food stored, handled, or otherwise cared for in non-compliance with these regulations shall not be served. Except for rapid cooling processes, all refrigerated foods shall be covered and identified by name and date.

(2) Frozen foods shall be maintained in a frozen state and thawed immediately prior to preparation in a manner that minimizes microbial growth.

(3) Waste water from refrigeration equipment shall be disposed of in a manner that does not create a nuisance.

(4) A dependable spirit stem thermometer shall be affixed to the door or the front edge of the top shelf of each refrigerator. Refrigerators equipped with a gauge visible from the exterior shall be acceptable. Temperatures of all refrigerator units and freezers will be checked and logged twice daily.

(5) All ice used shall be made on site from potable water or obtained from sources licensed and inspected by the State Department of Agriculture. Ice shall be stored and handled in such a way as to prevent contamination Water used to make ice or to wash ice shall comply with the standards required under Water Supply (OAR 291-061-0280).

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0085

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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