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

 

DIVISION 162

MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES

333-162-0020

Mobile Food Units, General Requirements

(1) Mobile food units shall comply with the applicable requirements in OAR 333-150-0000 and these rules. The Authority may impose additional requirements to protect against health hazards related to the conduct of the mobile food unit operation and may prohibit the sale of potentially hazardous food.

(2) There are four types of mobile food units:

(a) Class I. These mobile food units can serve only intact, packaged foods and non-potentially hazardous drinks. No preparation or assembly of foods or beverages may take place on the unit. Non-potentially hazardous beverages must be provided from covered urns or dispenser heads only. No dispensed ice is allowed;

(b) Class II. These mobile food units may serve foods allowed under Class I and provide hot and cold holding display areas from which unpackaged foods are displayed. Self-service by customers of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not allowed on the unit;

(c) Class III. These mobile food units may serve any food item allowed under Class I and II mobile food units, and may cook, prepare and assemble food items on the unit. However, cooking of raw animal foods on the unit is not allowed;

(d) Class IV. These mobile food units may serve a full menu.

(3) All operations and equipment shall be an integral part of the mobile food unit. This does not preclude the use of a barbecue unit used in conjunction with a Class IV mobile food unit. The barbecue, however, may only be used under the following conditions:

(a) It must be used in close proximity to the mobile food unit;

(b) Food shall only be cooked on the barbecue. Processing, portioning, preparation, or assembly of food must be conducted from inside the mobile food unit; and

(c) A handwashing system shall be provided adjacent to the barbecue as specified in OAR 333-150-0000 section 5-203.11(C).

(4) Mobile food unit operators may provide seating for customers if a readily accessible restroom is provided. The restroom must have a handwashing facility that provides hot and cold running water and meets the requirements of OAR 333-150-0000 sections 6-301.11, 6-301.12, 6-301.20 and 6-302.11.

(5) Auxiliary storage may be provided if it is limited to impervious, nonabsorbent, covered containers stored in such a manner as to preclude contamination or infestation. Auxiliary storage shall be limited to items necessary for that day's operation. No self-service, assembly or preparation activities may occur from auxiliary storage containers.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 7-1994, f. & cert. ef. 2-24-94; HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-0030

Mobile Unit Operation, General

Mobile food units shall remain mobile at all times during operation. The wheels of the unit shall not be removed from the unit at the operating location. A removable tongue may be allowed if the tongue can be removed with the use of only simple tools and the tools are available on the unit at all times.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
HD 7-1994, f. & cert. ef. 2-24-94; HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06

333-162-0040

Base of Operation

(1) Mobile food units shall operate from a licensed restaurant, commissary or warehouse.

(2) If only prepackaged goods are sold, a warehouse may be accepted in lieu of a commissary.

(3) Notwithstanding section (1) of this rule, self-contained mobile food units may not be required to have a base of operation if the unit contains all the equipment and utensils necessary to assure the following:

(a) Maintaining proper hot and cold food temperatures during storage and transit;

(b) Providing adequate facilities for cooling and reheating of foods;

(c) Providing adequate handwashing facilities;

(d) Providing adequate warewashing facilities and assuring proper cleaning and sanitizing of the unit;

(e) Obtaining food and water from approved sources;

(f) Sanitary removal of waste water and garbage at approved locations.

(4) The ability to operate without a base of operation shall be determined by the regulatory authority.

(5) A mobile food unit may not serve as a commissary for another mobile food unit or as the base of operation for a caterer.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 20-1986, f. 12-22-86, ef. 2-2-87; HD 17-1993, f. & cert. ef. 10-14-93; HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06

333-162-0280

Food Transportation, General

(1) During transportation, food and food utensils shall be kept in covered containers or completely wrapped or packaged so as to be protected from contamination. Foods in original individual packages do not need to be overwrapped or covered if the original package is sealed.

(2) Food shall be maintained at required temperatures at all times during transport. Mobile food units that do not maintain food at temperatures required in OAR 333-150-0000 section 3-501.16 may be required to provide an on board power source, such as a battery or generator, to assure maintenance of food at proper temperatures during transit.

(3) Transport vehicles shall not be used in activities incompatible with safe and sanitary food service operations.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06

333-162-0680

Overhead Protection

Overhead protection shall be provided for mobile food units that are operated outdoors and where food is not covered at all times. The overhead protection shall consist of, but not be limited to, roofing, ceilings, awnings, or umbrellas. Overhead protection is not required for barbecue units that have a lid or covering that will protect foods from contamination. The overhead protection must be easily cleanable.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06

Inspection and Licensing Procedures
Mobile Food Units, Commissaries and Warehouses

333-162-0880

Licensing Procedure

(1) All procedures shall be in accordance with ORS chapter 624 in the licensure of mobile food units, commissaries and warehouses. Any license issued by the Authority pursuant to ORS 624.320 shall expire and may be reinstated on December 31 of each year.

(2) A permanent license number shall be assigned each operator of mobile food units by the regulatory authority.

(3) Each mobile food unit shall be clearly marked with the licensee's name or a distinctive identifying symbol. The lettering shall be at least two inches in height and of a color contrasting with the background color. If a symbol is used, it shall be at least 12 inches in diameter or of an equivalent size. An accurate scale drawing or photograph of the symbol shall be filed with the regulatory authority.

(4) Each mobile food unit shall be clearly marked with a number for purposes of identifying each unit on inspection reports and other communications.

(5) Stored units are not subject to licensure.

(6) All vehicles used as mobile food units shall be kept in good repair and in a sanitary condition while in use.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-0890

Inspection Form Procedures

(1) Violations that are observed during any sanitation inspection by the Local Public Health Authority shall be described in the space provided on a form approved by the Authority by citing the Oregon Revised Statute or Oregon Administrative Rule number violated, and by giving a brief statement of the specific problem and required corrections.

(2) Priority item or priority foundation item violations shall result in closure of a mobile food unit, commissary or warehouse if the administrator determines that an imminent danger to public health exists, and that the violation cannot be corrected immediately or an approved alternative procedure has not been implemented. For priority item or priority foundation item violations not resulting in closure, the time limit by which the correction must be made shall be within but not to exceed 14 days.

(3) Violations other than those specified in section (2) of this rule shall be corrected by the next semi-annual inspection.

(4) If a mobile food unit, commissary or warehouse is ordered closed, the reason for closure shall be stated on the inspection form and signed by the administrator.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-0910

Closure of Mobile Food Units, Commissaries or Warehouses

(1) If the administrator closes a mobile food unit, commissary or warehouse, a statement by the Authority shall be made on the inspection form specifying the reasons for closure. The inspection form must be signed and delivered to the operator or person in charge within 24 hours.

(2) When a mobile food unit is closed, the administrator shall post the inspection report on the unit. When a commissary or warehouse is closed, the administrator shall post the inspection report inside the facility. No person except the administrator shall remove or alter this inspection report, or operate a mobile food unit that has been closed.

(3) If a priority item or priority foundation item violation presenting an imminent danger to public health is not corrected immediately or an approved alternative procedure has not been implemented, the mobile food unit, commissary or warehouse shall be closed.

(4) If a priority item or priority foundation item violation that does not result in immediate closure at the time of the semi-annual inspection has not been corrected within the designated time limit, the mobile food unit, commissary or warehouse shall be closed.

(5) When a mobile food unit, commissary or warehouse has been closed because a priority item or priority foundation item violation has not been corrected, it may be reopened if a recheck inspection by the administrator confirms that all priority item or priority foundation item violations have been corrected.

(6) The administrator shall, if requested, hold a hearing in accordance with ORS chapter 183.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-0920

Plan Review

(1) Newly constructed or extensively remodeled mobile food units, commissaries and warehouses must undergo plan review and a pre-operational inspection. Mobile food units having the sanitary approval of a recognized qualified, independent testing laboratory, or approved by the Authority may be accepted without the submission of plans.

(2) Approval from the administrator to operate after the plan review process does not preclude obtaining required permits or approvals from other agencies or jurisdictions of concern.

(3) Mobile food unit operators must obtain approval from the administrator to add to or change menu items served from the mobile food unit;P

(4) Mobile food units that operate on a fixed route must provide an itinerary to the regulatory authority prior to licensure and at the beginning of each licensing period. Mobile food units operating at a specific or multiple locations shall provide a list of all locations to the regulatory authority.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-0940

Warehouses

(1) If only prepackaged goods are sold, a warehouse may be accepted in lieu of a commissary.

(2) Warehouses shall be required to meet only those rules necessary to prevent the contamination of stored foods, single-service articles, utensils and equipment. In general, warehouses shall be exempt from the rules relating to finished walls, ceilings or storage bases, light colored surfaces, restrooms, lavatories and utility facilities, provided foods are protected from contamination from dust, insects, rodents, flooding, drainage, or other contaminants.

(3) Handling of unpackaged foods, dishwashing and ice making are prohibited in a warehouse.

(4) The Assistant Director may impose additional requirements as deemed necessary to prevent the contamination of stored foods, single-service articles, utensils, and equipment.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06

333-162-0950

Memorandum of Commissary or Warehouse Usage/Verification

A Memorandum of Commissary or Warehouse Usage/Verification shall be on file with the administrator for mobile units using a licensed food service facility as a commissary or warehouse. This memorandum shall be on a form approved by the Authority, and be updated at least once per year.

Stat. Auth.: ORS 624.390
Stats. Implemented: ORS 624.390
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-162-1005

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 mobile food unit, commissary, or warehouse without a current license to do so from the Authority or Local Public Health Authority;

(b) Failure to cease operation of a mobile food unit, commissary, or warehouse 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(B).

(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 624.992
Stats. Implemented: ORS 624.992
Hist.: HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

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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