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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 158

COMBINATION FOOD SERVICE FACILITIES

Combination Facilities Engaged in Activities Subject to Regulation by the
Oregon Department of Agriculture and by the Oregon Health Authority

333-158-0000

Licensing and Inspections

The licensing of combination facilities shall be the responsibility of either the Authority or the Oregon Department of Agriculture in accordance with the following criteria:

(1) The establishments subject to these rules are those combination facilities as defined in OAR 333-150-0000 1-201.10(B).

(2) A determination shall be made for each firm covered in OAR 333-150-0000 1-201.10(B) as to which agency shall inspect and license. The determination shall be based upon which agency has statutory responsibility and authority for the predominant activities of the firm.

(3) In those instances where it is determined that either a full or limited service restaurant or other activity for which the Authority has authority, is predominant, the Authority shall perform the inspectional and licensing responsibilities to the exclusion of the Oregon Department of Agriculture.

(4) In those instances where it is determined that the bakery, retail grocery, food processing or other activities for which the Oregon Department of Agriculture has authority, is predominant, the Oregon Department of Agriculture shall perform the inspectional and licensing responsibilities to the exclusion of the Authority.

(5) The determination of the predominant activity at any combination facility subject to this agreement shall be made first by the field environmental health specialists. If agreement is not reached, then it shall be referred to program supervisors of the Local Public Health Authority and the Oregon Department of Agriculture for a determination of predominant activity. If an agreement is not reached among the Local Public Health Authority and the Oregon Department of Agriculture, or if a licensed facility disagrees with the determination, the matter may be appealed to an arbitration panel composed of the administrator of the Food and Dairy Division (or appointee), the administrator of the Center for Health Protection (or appointee), and one representative each from the Conference of Local Health Officials, an association representing the restaurant industry and an association representing the retail grocery industry. The decision of this panel shall be final except as provided in section (6) of this rule.

(6) Any licensee wishing to contest the determination of predominance by agencies may produce records of gross annual sales to support the protest and be heard by the Local Public Health Authority in accordance with ORS chapter 183.

(7) Notwithstanding sections (2) through (6) of this rule, if the Local Public Health Authority and the Oregon Department of Agriculture agree that the complexity rather than the predominance of food processing activities should determine the regulating agency, inspectional and licensing responsibilities may be transferred to the Oregon Department of Agriculture to the exclusion of the Local Public Health Authority.

Stat. Auth.: ORS 624.530
Stats. Implemented: ORS 624.530
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

333-158-0010

Applicability of Rules

(1) Any facility licensed and inspected by the Authority, pursuant to OAR 333-158-0000 through 333-158-0030, shall be subject to the applicable rules under OAR Chapter 333 of the Authority for all activities subject to ORS Chapter 624. The facility shall also be subject to the applicable statutes and rules under ORS 616 and 625, and OAR 603-021-0010, 603-021-0015, 603-021-0021, 603-021-0022, 603-021-0025, 603-021-0612, 603-025-0010 through 603-025-0040, 603-025-0080 through 603-025-0190 and 603-025-0220 of the Oregon Department of Agriculture, which are hereby adopted by reference.

(2) Any facility licensed and inspected by the Oregon Department of Agriculture, pursuant to OAR 333-158-0000 through 333-158-0030, shall be subject to the applicable rules under OAR Chapter 603 of the Oregon Department of Agriculture for all activities subject to statutes administered by the Oregon Department of Agriculture and ORS Chapter 624.

Stat. Auth.: ORS 624.530
Stats. Implemented: ORS 624.530
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; HD 2-1997, f. & cert. ef. 1-23-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06

333-158-0020

Licenses and Permits

Licenses and permits issued pursuant to these rules shall be subject to the statutes of the licensing and inspecting agency, including fees and legal remedies, and shall be deemed to satisfy the licensing statutes of the other agency.

Stat. Auth: ORS 624.530
Stats. Implemented: ORS 624.530
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87

333-158-0030

Periodic Review

At least annual re-evaluations of predominance shall be made by the regulating agencies and changes in jurisdiction shall be made where indicated

Stat. Auth.: ORS 624.530
Stats. Implemented: ORS 624.530
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87

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