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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

 

DIVISION 157

INSPECTION AND LICENSING PROCEDURES

333-157-0000

Inspection Form Procedures

(1) The Local Public Health Authority shall document violations observed during any sanitation inspection by including the following information on the form approved by the Authority:

(a) The number of the related item on the inspection form;

(b) The point value associated with the item including penalty additions;

(c) Oregon Administrative Rule or Oregon Revised Statute number violated; and

(d) A brief statement of the specific problem and required corrections.

(2) Calculation of Points:

(a) Three point priority foundation items shall be given an additional three point weight when a repeat violation is observed.

(b) Five point priority items shall be given an additional five point weight when a repeat violation is observed.

(c) Additional points shall accumulate and be added to the value of uncorrected items that are repeat violations.

(d) Each three point priority foundation item can accumulate to six points.

(e) Each five point priority item can accumulate to 10 points.

(3) Violations creating a potential danger to public health shall be recorded as in section (1) of this rule and shall specify:

(a) Any alternative procedure as may be approved, the time limit for its use, and that the alternative procedure must be implemented immediately; and

(b) The corrections to be made and the time limit by which the corrections shall be made. In the case where an alternative procedure has not been approved, the time limit by which the correction must be made shall be within but not to exceed 14 days.

(4) Violations creating an imminent or present danger to public health shall be recorded as required in sections (1) and (3) of this rule except when no alternative procedure is approved, the correction shall be required immediately.

(5) If a restaurant obtains a sanitation score of less than 70 upon an unannounced complete inspection, the operator or person in charge shall be notified by a statement on the inspection form that the restaurant shall be closed, if the score of another complete inspection conducted within 30 days is not 70 or above.

(6) Violations creating a significantly increased risk for food borne illness shall require a recheck inspection if found on consecutive complete inspections, and for the purposes of enforcement shall be considered uncorrected.

(7) If a restaurant is ordered closed, the closure order as designated by the Authority shall be attached to the inspection form and delivered to the operator or person in charge.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; HD 19-1994, f. & cert. ef. 7-1-94; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0010

Approved Alternative Procedures

(1) An alternative procedure may be approved on a temporary basis for a designated time period, if in the judgment of the environmental health specialist the procedure provides interim health and safety protection equal to that provided by the rule. The environmental health specialist may extend the designated time period if justified by unforeseen circumstances. Such an alternative procedure shall not authorize or condone any priority item or priority foundation item violation.

(2) All alternative procedures that have been approved shall be implemented immediately.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0020

Public Notice of Restaurant Sanitation

(1) The notice of restaurant sanitation shall be based upon the sanitation score calculated on the inspection form at the end of each unannounced complete inspection and shall be posted at a customary entrance to the establishment. If, upon recheck inspection, any priority item or priority foundation item violation listed on the inspection form is not corrected within the designated time limit, the notice of restaurant sanitation posted at the end of the unannounced complete inspection shall be removed, the notice of closure posted, and closure action taken.

(2) A notice of restaurant sanitation that states that the establishment "Complied with the Acceptable Sanitation Standards" shall be assigned to a restaurant that obtains a sanitation score of 70 or more in an unannounced complete inspection provided all priority item and priority foundation item violations have been corrected or remedied by approved alternative procedures. Upon recheck inspection, any uncorrected priority item or priority foundation item violations shall cause the notice of restaurant sanitation to be removed, the notice of closure to be posted, and closure action taken.

(3) A notice of restaurant sanitation that states that the establishment "Failed to Comply with the Acceptable Sanitation Standards" shall be assigned to a restaurant that obtains a sanitation score of less than 70 in an unannounced complete inspection provided all priority item and priority foundation item violations have been corrected or remedied by approved alternative procedures. Such a notice of restaurant sanitation shall remain until the facility is closed or until a sanitation score of 70 or more is obtained upon another inspection conducted within 30 days.

Stat. Auth.: ORS 624.073
Stats. Implemented: ORS 624.085
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; HD 19-1988, f. 7-27-88, cert. ef. 10-1-88; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0025

Communication and Compliance Protocols

Communication and compliance protocols will be provided by the Assistant Director to operators of non-complying food service facilities. This communication will convey current and potential compliance actions, and will include the appropriate use of correspondence, meetings, and officials notices.

Stat. Auth.: ORS 624.041
Stats. Implemented: ORS 624.041
Hist.: HD 19-1994, f. & cert. ef. 7-1-94

333-157-0027

Increased Inspection Schedule

(1) Any restaurant that fails to obtain a minimum acceptable sanitation score of 70 or more for two consecutive, unannounced semi-annual inspections shall be subject to an increased inspection schedule.

(2) Except as provided in section (4) of this rule, this schedule will consist of one complete unannounced inspection a quarter (three month period) as well as any re-check inspections required. This inspection schedule shall begin in the quarter immediately following the second consecutive score of less than 70.

(3) The increased inspection schedule will revert to semi-annual inspections after the facility has obtained four (4) consecutive scores of 70 or above.

(4) At the Assistant Director's option, one of the four required inspections may be an inspection using Hazard Analysis and Critical Control Point (HACCP) principles, as defined in these rules. HACCP based inspections may be announced. Participation by a restaurant in a HACCP-based inspection shall be the equivalent of a score of 70 or above for the purposes of this rule.

(5) The inspecting agency may assess a fee for each quarterly inspection required under this rule of up to one-half of the annual licensing fee otherwise assessable to the restaurant.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 - 624.130
Hist.: HD 14-1995, f. 12-28-95, cert. ef. 1-1-96; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06

333-157-0030

Closure of Restaurants

(1) If the administrator closes a restaurant, a statement by the Authority ordering closure and specifying the reasons therefore, and signed by the administrator, shall be attached to the inspection form and delivered to the operator or person in charge:

(a) When a restaurant is closed, the administrator shall post the notice of closure at a customary entrance;

(b) No person except the administrator shall remove or alter this notice;

(c) No person shall operate a restaurant that has been closed.

(2) If a violation which creates an imminent or present danger to public health is not corrected immediately or an approved alternative procedure is not initiated immediately by the operator, the restaurant shall be closed.

(3) If a violation which creates a potential danger to public health has not been corrected within the designated time limit, the restaurant shall be closed.

(4) When a restaurant has been closed because a priority item or priority foundation item violation(s) has not been corrected, it may be reopened after 24 hours if:

(a) A recheck inspection by the administrator confirms that all priority item and priority foundation item violations have been corrected; and

(b) A closure dismissal order designated by the Authority is delivered to the operator or person in charge; and

(c) The closed sign previously posted is removed by the administrator;

(d) A restaurant may be reopened earlier than 24 hours following a voluntary meeting attended by the restaurant operator or person in charge, the administrator, and the inspecting environmental health specialist, at which the provisions of subsections (4)(a) through (c) of this rule are demonstrated to be met;

(e) A restaurant closed and reopened as described in this subsection shall be assigned a notice of restaurant sanitation based on the sanitation score of the unannounced complete inspection that identified the priority item and priority foundation item violations causing the closure.

(5) If a restaurant has obtained a sanitation score of less than 70 on two consecutive complete inspections conducted within 30 days as described in OAR 333-157-0000(5), it shall be closed.

(6) When a restaurant has been closed for failure to obtain a minimum acceptable sanitation score of 70 or more, it may be reopened after 24 hours if:

(a) The operator submits a written plan of correction, specifying the corrections to be made and time limits for their completion, which would achieve a sanitation score of 80 points by the next semi-annual inspection; and

(b) The plan of correction is approved by the administrator; and

(c) A complete inspection after the restaurant has been closed produces a sanitation score of 70 or more.

(d) A closure dismissal order designated by the Authority is delivered to the operator or person in charge; and

(e) The closed sign previously posted is removed by the administrator;

(f) A restaurant may be reopened earlier than 24 hours following a voluntary meeting attended by the restaurant operator or person in charge, the administrator, and the inspecting environmental health specialist, at which the provision of subsections (6)(a) through (e) of this rule are demonstrated to be met;

(g) A restaurant closed and reopened as described in this subsection shall be assigned a notice of restaurant sanitation based on the sanitation score of the complete inspection performed while the restaurant was closed.

(7) Appeals of closures are contested cases pursuant to ORS chapter 183.

(8) Operators whose facilities have been closed for failure to obtain a minimum acceptable sanitation score of 70 or more, or for failure to correct repeat priority item or priority foundation item violations must agree in writing, as part of reopening the restaurant, to:

(a) Enroll in and successfully complete an approved food manager training course; or

(b) In the event that an extraordinary situation exists whereby an approved food manager training course is not available to the operator, the administrator shall make provision for an alternative type of food manager training using criteria approved by the Authority.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; HD 19-1994, f. & cert. ef. 7-1-94; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0040

Display of Public Notice of Restaurant Sanitation

It shall be unlawful for any restaurant to display a Public Notice of Restaurant Sanitation other than the one awarded by the administrator. It shall be unlawful for anyone except the administrator to post, change, remove, or deface a Public Notice of Restaurant Sanitation.

Stat. Auth.: ORS 624.060 & 624.073
Stats. Implemented: ORS 624.060 & 624.073
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0045

Civil Penalties

(1) The Authority or a Local Public Health Authority may impose civil penalties on any person for the following willful violations:

(a) Operation of a restaurant, bed and breakfast facility or vending machine without a current license to do so from the Authority or the Local Public Health Authority;

(b) Failure to cease operation of a restaurant, bed and breakfast facility or vending machine that has been closed due to uncorrected priority item violations. This authority shall be limited to those priority item violations identified as creating an imminent or present danger to public health and defined in OAR 333-150-0000 Section 1-201.10.

(2) For the purposes of section (1) of this rule, the term 'willful' means intentional or deliberate.

(3) The maximum civil penalty for each of the violations listed in section (1) of this rule is $500 per day of violation.

(4) Civil penalties shall be imposed in the manner provided by ORS chapter 183 or the equivalent.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 15-1995, f. 12-28-95, cert. ef. 1-1-96; OHD 18-2002, f. 12-4-02, cert. ef. 1-1-03; PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04; PH 15-2004, f. & cert. ef. 4-9-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0070

Licensing

Any license issued by the Authority pursuant to ORS chapter 624 shall expire and may be reinstated on December 31 of each year; except for temporary restaurant licenses issued pursuant to ORS 624.082, 624.084 and 624.086.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0073

Temporary Restaurant Definitions

(1) “Intermittent temporary restaurant” means an establishment:

(a) That operates temporarily at a specific location in connection with multiple public gatherings, entertainment events, food product promotions or other events, at least two of which are arranged for by different oversight organizations; and

(b) Where food is prepared or served for consumption by the public.

(2) “Operational review” means the examination of a plan of operation for an establishment in order to ensure that the proposed operation conforms with applicable sanitation standards.

(3) “Oversight organization” means an entity responsible for organizing, managing or otherwise arranging for a public gathering, entertainment event, food product promotion or other event, including but not limited to ensuring the availability of water, sewer and sanitation services.

(4) “Seasonal temporary restaurant” means an establishment:

(a) That operates at a specific location in connection with multiple public gatherings, entertainment events, food product promotions or other events that are arranged for by the same oversight organization; and

(b) Where food is prepared or served for consumption by the public.

(5) “Single-event temporary restaurant” means an establishment:

(a) That operates in connection with a single public gathering, entertainment event, food product promotion or other event; and

(b) Where food is prepared or served for consumption by the public.

(6) “Substantial menu alteration” means a change of menu that increases the complexity of the menu of a seasonal temporary restaurant and intermittent temporary restaurant operation. For purposes of these rules, an increase in complexity occurs when the menu moves from:

(a) Service of ready-to-eat foods that requires no further preparation or cooking; to

(b) Foods that are prepared or cooked on-site and served directly to the consumer that day; to

(c) Foods that must be prepared in the operation in advance and reheated or cooled over the course of multiple days of operation.

Stat. Auth.: ORS 624.041
Stats. Implemented: ORS 624.041 & 2011 OL Ch. 664
Hist.: PH 3-2012, f. 2-29-12, cert. ef. 3-1-12

333-157-0077

Temporary Restaurant Licensing and Inspection

(1) A person may not operate a single-event, intermittent or seasonal temporary restaurant without first procuring a license to do so from the Local Public Health Authority.

(2)(a) Application for an intermittent or seasonal temporary restaurant license shall be in writing in the form prescribed by the Authority and shall contain the name and address of the applicant, the specific location of the intermittent or seasonal temporary restaurant, a description of the public gatherings, entertainment events, food product promotions or other events to be served by the intermittent or seasonal temporary restaurant, an operational review and any other information the Authority may require. In addition to the application the applicant for an intermittent or seasonal temporary restaurant license shall pay to the Local Public Health Authority the appropriate license fee under ORS 624.490.

(b) The Local Public Health Authority shall issue a license to a benevolent organization to operate a single-event temporary restaurant if the benevolent organization has notified the Local Public Health Authority orally or in writing that the benevolent organization intends to operate a single-event temporary restaurant. A Local Public Health Authority may not charge a benevolent organization a license fee or inspection fee for a single-event temporary restaurant.

(3)(a) Intermittent and seasonal temporary restaurants must complete and submit an operational plan for review by the Local Public Health Authority prior to obtaining a license and operation of the establishment.

(b) Intermittent and seasonal temporary restaurants that do not complete an operational plan prior to operation may operate under one or more single-event temporary licenses until the operational plan can be completed and approved.

(c) After the operational plan has been completed by the Local Public Health Authority, another operational plan is not required for subsequent licenses, unless deemed necessary by the Local Public Health Authority.

(4) The single-event, intermittent or seasonal temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee.

(5) An intermittent temporary restaurant license shall expire 30 days after issuance.

(6) A seasonal temporary restaurant license shall expire 90 days after issuance.

(7) A single-event temporary restaurant license shall terminate 30 days after issuance unless within 30 days the single-event temporary restaurant is discontinued or moved from the specific location for which the license was issued.

(8) An intermittent or seasonal temporary license shall terminate immediately if:

(a) The intermittent or seasonal temporary restaurant prepares or serves food for consumption by the public that is not in connection with a public gathering, entertainment event, food product promotion or other event held by an oversight organization;

(b) The location of the intermittent or seasonal temporary restaurant changes; or

(c) The menu is substantially altered as defined by OAR 333-157-0073(6).

(d) If a licensed operation undergoes a substantial menu alteration, then a new license and completed operational plan is required.

(9) If the license of an intermittent or seasonal temporary restaurant is terminated under section (8) of this rule, the intermittent or seasonal temporary restaurant may reapply for a license in accordance with section (2) of this rule.

(10) The Local Public Health Authority may suspend, deny or revoke a single-event, intermittent or seasonal temporary restaurant license if it appears, after a reasonable time has been given for correction of a sanitation violation, that the applicant does not meet applicable minimum sanitation standards as described in ORS 624.010 through 624.121 or in OAR 333-150-0000. Any suspension, denial or revocation action shall be taken in accordance with ORS chapter 183.

(11) The Local Public Health Authority may conduct a reinspection of a seasonal or intermittent temporary restaurant if a priority item or priority foundation item violation is uncorrected and a separate follow-up visit is necessary to determine compliance.

(12) A seasonal or intermittent temporary restaurant that has uncorrected priority item and priority foundation item violations and for which an alternative procedure has not been approved shall be closed in accordance with ORS 624.096.

(13) The renewal of a single-event, intermittent or seasonal temporary restaurant license shall be in accordance with section (2) of this rule.

Stat. Auth.: ORS 624.041
Stats. Implemented: ORS 624.041 & 2011 OL Ch. 664
Hist.: PH 3-2012, f. 2-29-12, cert. ef. 3-1-12; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-157-0080

Fees

(1) Fees for eating and drinking establishments and other food service activities subject to ORS chapter 624 shall be as specified in ORS chapter 624.

(2) Any restaurant providing food or beverage solely to children, elderly persons, indigent or other needy populations shall not be required to pay a restaurant license fee to the Authority if such restaurant is:

(a) Operated by a benevolent organization as defined in ORS 624.101; and

(b) The patrons or recipients are not required to pay the full cost of the food or beverage.

(3) A restaurant that meets the criteria in section (2) of this rule must still obtain a restaurant license and must comply with OAR 333-150-0000.

Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 – 624.130
Hist.: HD 20-1986, f. 12-22-87, ef. 2-2-87; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

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