The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON HEALTH AUTHORITY,

PUBLIC HEALTH DIVISION

 

DIVISION 15
IMPLEMENTATION OF REQUIREMENTS FOR SMOKEFREE ENVIRONMENTS IN

WORKPLACES AND PUBLIC PLACES AND FOR NUTRITIONAL

INFORMATION AT CHAIN RESTAURANTS

333-015-0025
Authority and Purpose
(1) These rules are adopted
pursuant to the authority granted to the Oregon Health Authority, Public Health
Division, in ORS 433.835 through 433.875 and 433.990(5) concerning smokefree places
of employment and public places.
(2) The purpose of the Oregon
Indoor Clean Air Act is to reduce the health hazard caused to persons by inhaling
smoke from tobacco products.
Stat. Auth.: ORS 433.855

Stats. Implemented: ORS 433.835
-433.875, 433.990(5)

Hist.: HD 10-1983, f. &
ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002,
f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04;
PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09;
PH 2-2012, f. & cert. ef. 2-1-12
333-015-0030
Definitions
For purposes of OAR chapter 333, division
15, the following definitions shall apply:
(1) "Accessibility ramp"
means a ramp intended to provide access for people with disabilities to and from
an entrance or exit.
(2) "Act" means the Oregon
Indoor Clean Air Act as it appears in ORS 433.835 through 433.875 and 433.990(5).
(3) "Authority" means the
Oregon Health Authority.
(4) "Certificate holder"
means the individual or entity on record with the Oregon Health Authority as the
owner of a certified cigar bar or smoke shop.
(5) "Cigar bar" means a business
that:
(a) Has on-site sales of
cigars as defined in ORS 323.500;
(b) Has a humidor on the
premises;
(c) Allows the smoking of
cigars on the premises but prohibits the smoking of all other tobacco products in
any form, including, but not limited to, loose tobacco, pipe tobacco, cigarettes
as defined in ORS 323.010, and cigarillos as defined by OAR 333-015-0030(6);
(d) Has been issued and operates
under a full on-premises sales license issued under ORS 471.175;
(e) Prohibits persons under
21 years of age from entering the premises and posts notice of the prohibition;
(f) Does not offer video
lottery games as authorized under ORS 461.217;
(g) Has a maximum seating
capacity of 40 persons;
(h) Has a ventilation system
that exhausts smoke from the business, and is designed and terminated in accordance
with the state building code standards for the occupancy classification in use;
and
(i) Requires all employees
to read and sign a form approved and published by the Public Health Division that
explains the dangers of exposure to secondhand smoke.
(6) "Cigarillos" means a
smoking device wrapped in tobacco leaf, rather than paper, that contains less than
three grams of tobacco and measures less than 100 mm in length.
(7) "Employer" means any
entity or individual who engages an individual to perform work or services in an
area where smoking is prohibited under the employer’s control.
(8) "Enclosed area" means
all space between a floor and a ceiling that is enclosed on three or more sides
by permanent or temporary walls or windows, exclusive of doors or passageways, that
extend from the floor to the ceiling.
(9) "Entity in charge of
a public place" means any person or organization that has responsibility because
of ownership, proprietorship, management, or oversight over a place that is open
to the public. Entity in charge of a public place is used to refer only to a person
or organization in charge that is not also an employer.
(10) "Entrance" means any
point of ingress, including an accessibility ramp, to an enclosed area from a non-enclosed
area.
(11) "Exit" means any point
of egress, including an accessibility ramp, from an enclosed area to a non-enclosed
area.
(12) "Extended period of
time" means more than 365 consecutive days.
(13) "Gross revenue" means
all receipts from the sale of product(s) less the amount of any rebates, refunds,
or credits.
(14) "Humidor" means a storage
container designed to allow controlled airflow and equipped with a device that maintains
the internal humidity in the range of 68 percent to 75 percent and an internal temperature
in the range of 68 degrees to 70 degrees Fahrenheit.
(15) "Local Public Health
Authority" or "LPHA" means the county government, unless a health district has been
formed under ORS 431.414, the county has contracted with a person or agency to act
as the public health authority, or the county has relinquished its authority to
the state.
(16) "Maximum seating capacity"
means the total number of seats available to patrons, including, but not limited
to, bar stools, seating at cocktail tables, seats at buddy-bar tables, banquette
seating, dining seating, couch space, and floor pillows intended as seating; as
well as the total number of patrons a business permits inside the business at the
same time.
(17) "Noncommercial tobacco
products" means unprocessed tobacco plants or tobacco by-products used for ceremonial
or spiritual purposes by American Indians.
(18) "Place of employment"
means every enclosed area under the control of a public or private employer that
employees frequent during the course of employment, including, but not limited to,
work areas, employee lounges, restrooms, conference rooms, classrooms, cafeterias,
hallways, meeting rooms, elevators, stairways, and work vehicles that are not operated
exclusively by one employee. Place of employment does not include a private residence
unless it is used as a child care facility as defined in ORS 657A.250 or a facility
providing adult day care as defined in 410.490.
(19) "Private residence"
means a residence or part of a residence that is not operated as a place of business
where clients or customers use the premises. A residence that is considered a place
of employment or public place is subject to ORS 433.835 through 433.875 during its
hours of operation. Only that part of a residence used as a place of business is
subject to ORS 433.835 through 433.875.
(20) "Public Health Director"
means the director of the Public Health Division of the Oregon Health Authority.
(21) "Public Health Division"
means the Public Health Division of the Oregon Health Authority.
(22) "Public place" means
any enclosed area open to the public.
(23) "Rooms designated by
the owner or entity in charge of a hotel or motel as rooms in which smoking is permitted"
means sleeping rooms or suites in that hotel or motel.
(24) "Smoking instrument"
means any cigar, cigarette, pipe, or other smoking equipment.
(25) "Smoke shop" means a
business that is certified with the Authority as a smoke shop under OAR 333-015-0068.
(26) "Stand-alone business"
means a business that is not attached to, does not use or occupy the same space
as, is not located within, and does not share a common entryway or area with another
business, another place of employment, or residential property.
(27) "Tobacco Prevention
and Education Program" means the Tobacco Prevention and Education Program in the
Public Health Division of the Oregon Health Authority.
(28) "Wall" means any architectural
partition, permanent or temporary, with a height and length greater than its thickness,
used to divide or enclose an area or to support another structure. Walls include,
but are not limited to, partitions constructed of plastic, mesh or other screening
materials, slats, louvered blinds, fabric, or blankets, and partitions with latticing
or other open frameworks.
(29) "10 feet" means 10 linear
feet, measured in a straight line between the points in question.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835
Hist.: HD 10-1983, f. &
ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002,
f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04;
PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09;
PH 18-2008, f. 11-14-08, cert. ef. 1-1-09; PH 5-2011(Temp), f. & cert. ef. 7-1-11
thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 2-2012, f. & cert.
ef. 2-1-12; PH 26-2014, f. & cert. ef. 10-8-14
333-015-0035
General Provision
(1) No person shall smoke or carry any
lighted smoking instrument in a public place except in those areas that are not
required to be smokefree under ORS 433.850(2) and OAR 333-015-0035(5) and (6).
(2) Employers shall provide
a place of employment that is free of tobacco smoke for all employees, except in
those areas listed in ORS 433.850(2) and in OAR 333-015-0035(4) through (7). In
providing a smokefree place of employment, an employer is responsible for taking
steps to ensure that no person smokes within 10 feet of the following parts of a
place of employment:
(a) Entrances;
(b) Exits;
(c) Windows that open; and
(d) Ventilation intakes that
serve an enclosed area.
(3) No person shall smoke
or carry any lighted smoking instrument within 10 feet of the following parts of
public places or places of employment:
(a) Entrances;
(b) Exits;
(c) Windows that open; and
(d) Ventilation intakes that
serve an enclosed area;
(4) The owner or entity in
charge of a hotel or motel may designate up to 25 percent of the sleeping rooms
of the hotel or motel as rooms in which smoking is permitted.
(a) If the owner or entity
in charge of a hotel or motel chooses to designate up to 25 percent of sleeping
rooms as smoking permitted, all smoking rooms on the same floor must be contiguous.
The status of the rooms may not be changed, except to add more non-smoking rooms.
(b) The owner or entity in
charge of a hotel or motel shall provide written notice to patrons upon check-in
as to the smoking status of the sleeping rooms.
(c) The owner or entity in
charge of a hotel or motel shall post signs at each entrance and exit in accordance
with OAR 333-015-0040, with the exception of sleeping room entrances and exits.
Signs shall notify all patrons that smoking is limited to certain sleeping rooms.
(d) The owner or entity in
charge of a hotel or motel shall provide written information to patrons upon check-in,
describing how patrons may notify management of smoking occurring in non-smoking
areas or rooms.
(e) Nothing in these rules
shall prevent the owner or entity in charge of a hotel or motel from prohibiting
smoking on the entire premises.
(5) Smoking of noncommercial
tobacco products for ceremonial purposes is permitted in spaces designated for traditional
ceremonies in accordance with the American Indian Religious Freedom Act, 42 U.S.C.
1996.
(6) The following areas are
not required to be smokefree:
(a) Smoke shops that are
certified by the Authority under OAR 333-015-0068;
(b) Cigar bars if:
(A) The cigar bar generated
on-site retail sales of cigars of at least $5,000 for the calendar year ending December
31, 2006; and
(B) The cigar bar has provided
the Public Health Division with proper documentation as required by OAR 333-015-0066.
(c) Up to 25 percent of the
sleeping rooms of a hotel or motel, as designated by the owner or entity in charge.
The hotel or motel must be in compliance with the rules set forth in OAR 333-015-0035(4).
(7) Nothing in these rules
shall prevent an employer in charge of a place of employment or an entity in charge
of a public place from designating the entire place of employment or public place
as smokefree.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835
- 433.870
Hist.: HD 10-1983, f. &
ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002,
f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04;
PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09;
PH 2-2010, f. & cert. ef. 1-14-10; PH 2-2012, f. & cert. ef. 2-1-12; PH
26-2014, f. & cert. ef. 10-8-14
333-015-0040
Signs
(1) An employer or entity in charge,
except in those places described in OAR 333-015-0035(5) and (6), shall post signs
prohibiting smoking. Signs shall use either the “no smoking” symbol
(a cigarette with a diagonal slash through it within a circle) and the words “within
10 feet,” or the words “No Smoking within 10 feet,” or both. Nothing
in these rules shall prevent an employer from increasing the amount of property
where smoking is prohibited beyond the 10-foot requirement or from designating the
entire premises as smokefree. Signs may be used without specifically including the
words “within 10 feet” if the signs specify a restriction greater than
10 feet or designate the entire premises as smokefree. Signs shall be posted prominently
at each entrance and exit to the place of employment or public place and within
10 feet of the following parts of a place of employment:
(a) Entrances;
(b) Exits;
(c) Windows that open; and
(d) Ventilation intakes that
serve an enclosed area.
(2) In addition to requirements
under this rule, an owner or entity in charge of a hotel or motel shall comply with
signage requirements as described in OAR 333-015-0035(4).
(3) An owner or entity in
charge of tables or outdoor seating or dining areas within 10 feet of entrances,
exits, windows that open, ventilation intakes that serve an enclosed area of a public
place or place of employment, or any portion of an accessibility ramp shall clearly
mark the tables or outdoor seating or dining areas as non-smoking with signs that
use either the “no smoking” symbol (a cigarette with a diagonal slash
through it within a circle), the words “No Smoking,” or both.
(4) In a cigar bar where
smoking is allowed under OAR 333-015-0035(6), the employer or entity in charge shall
post signs at each entrance and exit clearly stating that:
(a) Smoking is allowed on
all or part of the premises; and
(b) Anyone under the age
of 21 is prohibited from entering the premises.
(5) In a smoke shop where
smoking is allowed under OAR 333-015-0035(6), the employer or entity in charge shall
post signs at each entrance and exit clearly stating that:
(a) Smoking is allowed on
all or part of the premises;
(b) Anyone under the age
of 18 is prohibited from entering the premises; and
(c) Cigarette smoking is
prohibited on the premises, in smoke shops where cigarette smoking is not allowed
under OAR 333-015-0068(7)(e).
(6) All signs used to describe
whether smoking is prohibited or allowed in a place of employment or public place
shall be placed at a height and location easily seen by a person entering the establishment
and shall not be obscured in any way.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835
- 433.870
Hist.: HD 10-1983, f. &
ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002,
f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04;
PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09;
PH 18-2008, f. 11-14-08, cert. ef. 1-1-09; PH 2-2010, f. & cert. ef. 1-14-10;
PH 2-2012, f. & cert. ef. 2-1-12; PH 26-2014, f. & cert. ef. 10-8-14
333-015-0045
Ashtrays
(1) Ashtrays and any receptacles to
be used for smoking or depositing cigarette debris are prohibited within 10 feet
of entrances, exits, windows that open, ventilation intakes that serve an enclosed
area of a public place or place of employment, and any portion of an accessibility
ramp.
(2) Except for those areas
described in OAR 333-015-0035(6), ashtrays and any receptacles to be used for smoking
or depositing cigarette debris are prohibited inside public places and places of
employment.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835
- 433.870
Hist.: HD 10-1983, f. &
ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002,
f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04;
PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09;
PH 2-2012, f. & cert. ef. 2-1-12; PH 26-2014, f. & cert. ef. 10-8-14
333-015-0062
Vehicles
(1) An employer may allow smoking
in vehicles only when the vehicle is permanently assigned to a single employee and
no other employees, clients, or members of the public are required or compelled
to operate or otherwise occupy the vehicle.
(2) Nothing in these rules shall
prevent an employer from designating all vehicles as smokefree.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870

Hist.: PH 12-2008, f. 8-15-08,
cert. ef. 1-1-09
333-015-0064
Outdoor Smoking Areas
(1) The owner or entity in charge of
a place of business may establish an outdoor smoking area if that area is:
(a) Not within 10 feet of
entrances, exits, windows that open, ventilation intakes that serve an enclosed
area of any public place or place of employment, or any portion of an accessibility
ramp;
(b) Not, at any time, an
enclosed area as defined in OAR 333-015-0030(8); and
(c) In compliance with all
other state, city, and county codes.
(2) Nothing in these rules
shall prevent an employer from increasing the amount of property where smoking is
prohibited beyond the 10-foot requirement or from designating the entire premises
as smokefree.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835
- 433.870
Hist.: PH 12-2008, f. 8-15-08,
cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12; PH 26-2014, f. & cert.
ef. 10-8-14
333-015-0066
Cigar Bars
(1) A business must apply to
the Authority for certification before allowing cigar smoking on its premises.
(2) A business must apply for
certification on a form prescribed by the Authority and include the following information
or documentation:
(a) A copy of the business’s
full on-premises liquor sales license issued by the Oregon Liquor Control Commission
under ORS 471.175;
(b) A site map of the premises
that denotes maximum seating capacity and includes a detailed seating chart;
(c) A copy of the business’s
certificate of occupancy and official documentation from the building authority
with jurisdiction that the business was approved as a smoking lounge;
(d) Using the official form
provided by the Public Health Division, Tobacco Prevention and Education Program,
proof that all employees have read and signed a document explaining the dangers
of exposure to secondhand smoke (this form is available at www.healthoregon.org/smokefree
or by calling the Tobacco Prevention and Education Program); and
(e) Documentation demonstrating
to the satisfaction of the Public Health Director that the cigar bar generated on-site
retail sales of cigars of at least $5,000 in the calendar year 2006.
(3) Application Review:
(a) The Authority shall review
application materials within 30 days of receipt and determine whether the application
is complete.
(b) Within 10 days of declaring
an application complete, the Authority shall deny or grant the application. The
Authority shall grant a business certification if, upon review of the application
materials, the Authority finds that sufficient documentation has been provided to
demonstrate compliance with section (2) of this rule. In lieu of denying an application,
the Authority may request additional information from the applicant to determine
compliance with section (2) of this rule.
(c) The Authority may deny an
application for cigar bar certification if the Authority issued a civil penalty
against an applicant for any violation of the Act or these rules within 12 months
prior to application.
(d) The Authority may deny an
application for cigar bar certification and prohibit an applicant from reapplying
for up to two years if the applicant provides information that is false or deliberately
misleading.
(4) Ongoing Requirements for
Certification:
(a) If a cigar bar was certified
before February 1, 2012, and has not provided the information or documentation required
under section (2) of this rule, the cigar bar must furnish the missing information
or documentation upon request by the Authority to remain certified.
(b) A certified cigar bar must
meet the definition of a cigar bar, as defined in ORS 433.835(1) and OAR 333-015-0030(5),
at all times. The Authority may revoke certification if the business no longer meets
the definition of a cigar bar.
(c) A cigar bar must submit
a completed form, as described in subsection (2)(d) of this rule, to the Authority
by December 31 of each calendar year for every new employee hired during that year.
(5) Cigar bar certification
is only valid for the business location authorized by the Authority.
(6) Certification may be revoked
if a cigar bar ceases operation because it has gone out of business. The certificate
holder must notify the Authority that the cigar bar is no longer in operation within
30 days of closing the business.
Stat. Auth.: ORS 433.855

Stats. Implemented: ORS 433.835
- 433.870

Hist.: PH 12-2008, f. 8-15-08,
cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12
333-015-0068
Smoke Shops
(1) A business must apply to the Authority
for certification prior to allowing smoking on the premises.
(2) A business must apply
for smoke shop certification on a form prescribed by the Authority (this form is
available at www.healthoregon.org/smokefree or by calling the Tobacco Prevention
and Education Program).
(3) To obtain certification
as a smoke shop under any part of this rule, a business must agree to allow the
Authority or LPHA to make unannounced inspections of the business to determine compliance
with the Act.
(4) Smoke shop certification
is only valid for the business location authorized by the Authority.
(5) Certification Criteria:
(a) A business may apply
for smoke shop certification by submitting the following documentation to the Authority,
along with a completed application form:
(A) A notarized, sworn statement
attesting that the business:
(i) Is primarily engaged
in the sale of tobacco products and smoking instruments intended for off-premises
consumption or use, and derives at least 75 percent of its gross revenue from such
sales;
(ii) Prohibits persons under
18 years of age from entering the premises;
(iii) Does not offer video
lottery games as authorized under ORS 461.217, social gaming, or betting on the
premises;
(iv) Does not sell, offer
or allow on-premises consumption of food or beverages, including alcoholic beverages;
(v) Has a maximum seating
capacity of no more than four persons; and
(vi) Allows smoking only
for the purpose of sampling tobacco products for making retail purchase decisions,
in a manner that complies with ORS 180.486 and 431.840;
(B) Documentation of the
business’s sales, broken down by category of product;
(C) Evidence, such as photographs,
of signs prohibiting:
(i) Persons under 18 years
of age from entering the premises, and
(ii) On-premises consumption
of food and beverages;
(D) A building map and photographs
of the premises demonstrating that the business is a stand-alone business;
(E) A site map of the premises
that denotes maximum seating capacity and includes a detailed seating chart; and
(F) Any other documentation,
as specified in the application form, necessary to demonstrate compliance with the
Act or these rules.
(b) A business existing on
December 31, 2008, may apply for certification as a smoke shop by submitting the
following documentation to the Authority, along with a completed application form:
(A) Proof of registration
with the Oregon Secretary of State, Corporation Division, since 2008 or, if not
required to be registered, tax documentation proving that the business has been
in operation since 2008;
(B) A notarized, sworn statement
attesting that:
(i) On December 31, 2008,
the business:
(I) Was primarily engaged
in the sale of tobacco products and smoking instruments intended for off-premises
consumption or use, and derived at least 75 percent of its gross revenue from such
sales;
(II) Prohibited persons under
18 years of age from entering the premises;
(III) Did not offer video
lottery games as authorized under ORS 461.217, social gaming, or betting on the
premises; and
(IV) Did not sell, offer
or allow on-premises consumption of food or beverages, including alcoholic beverages;
and
(ii) Presently, the business
meets the criteria listed under subparagraph (5)(b)(B)(i) of this rule;
(C) Documentation of the
business’s sales, broken down by category of product;
(D) Either of the following:
(i) Documentation, such as
a building map or photographs, demonstrating that on December 31, 2008, the business
was a stand-alone business with no other businesses or residential property attached;
or
(ii) Documentation demonstrating
that on December 31, 2008, it had a ventilation system that exhausted smoke from
the business and was designed and terminated in accordance with the state building
code standards for the occupancy classification in use. Such documentation must
include either:
(I) A certificate of occupancy
that was current on December 31, 2008, and official documentation from the building
authority with jurisdiction of the occupancy classification for which the business
was approved; or
(II) If the documentation
described in (5)(b)(D)(ii)(I) of this rule is unavailable, a current certificate
of occupancy, proof that the business’s ventilation system was installed in
2008 or earlier, and official documentation from the building authority with jurisdiction
that the business was approved as a smoking lounge;
(E) Either of the following:
(i) Documentation, such as
a building map or photographs, demonstrating that the business presently is a stand-alone
business with no other businesses or residential property attached; or
(ii) A current certificate
of occupancy and official documentation from the building authority with jurisdiction
that the business was approved as a smoking lounge;
(F) Evidence, such as photographs,
of signs prohibiting:
(i) Persons under 18 years
of age from entering the premises, and
(ii) On-premises consumption
of food and beverages; and
(G) Any other documentation,
as specified in the application form, necessary to demonstrate compliance with the
Act or these rules.
(c) A business that filed
an application with the Authority for certification as a smoke shop prior to June
30, 2011, may be certified by the Authority on or before December 31, 2012, according
to the requirements of the Act as it was in effect on June 29, 2011. To achieve
certification under these criteria, the business must submit the following documentation
to the Authority:
(A) A notarized, sworn statement
attesting that:
(i) At the time of application,
the business:
(I) Was primarily engaged
in the sale of tobacco products and smoking instruments, and derived at least 75
percent of its gross revenue from such sales;
(II) Prohibited persons under
18 years of age from entering the premises;
(III) Did not offer video
lottery games as authorized under ORS 461.217, social gaming, or betting on the
premises;
(IV) Did not sell or offer
on-premises consumption of alcoholic beverages; and
(V) Was a stand-alone business
with no other businesses or residential property attached to the premises; and
(ii) Presently, the business
meets the criteria listed under subparagraph (5)(c)(A)(i) of this rule;
(B) Documentation of the
business’s sales, broken down by category of product, including cigarette
sales; and
(C) Any other documentation,
as specified in the application form, necessary to demonstrate compliance with the
Act or these rules.
(6) Application Review:
(a) The Authority shall review
application materials within 45 days of receipt and determine whether the application
is complete.
(b) Within 15 days of declaring
an application complete, the Authority shall deny or grant the application. The
Authority shall grant a business certification if, upon review of the application
materials, the Authority finds that sufficient documentation has been provided to
demonstrate the business’s compliance with this rule. In lieu of denying an
application, the Authority may request additional information from the business
for the purpose of assessing compliance with this rule.
(c) The Authority may deny
an application for smoke shop certification if the Authority issued a civil penalty
against an applicant for any violation of the Act or these rules within 12 months
prior to application.
(d) The Authority may deny
an application for smoke shop certification and prohibit an applicant from reapplying
for up to two years if the applicant provides information that is false or deliberately
misleading.
(7) Ongoing Requirements
for Certification:
(a) A smoke shop certified
under this rule must continue to meet the criteria for certification once certified.
The Authority may revoke certification if the smoke shop ceases to meet the criteria
for certification.
(b) Every year, within 30
days of the calendar date on which certification was originally granted, a smoke
shop must provide the Authority with documentation demonstrating that at least 75
percent of the smoke shop’s gross revenue is derived from the sale of tobacco
products or smoking instruments. Such documentation must include:
(A) A notarized, sworn statement
attesting that at least 75 percent of the smoke shop’s gross revenue is derived
from the sale of tobacco products or smoking instruments; and
(B) Documentation of the
smoke shop’s sales broken down by category of product, including cigarette
sales if the business is certified under subsection (5)(b) or (5)(c) of this rule
and permits cigarette smoking on the premises.
(c) The Authority may inspect
a business’s financial records to determine compliance with the Act and these
rules. The Authority shall attempt to contact the business and provide at least
48 hours’ notice prior to conducting such an inspection.
(d) A smoke shop must maintain
up-to-date contact information with the Authority. If the Authority is unable, despite
a good-faith effort, to contact the smoke shop because the smoke shop’s mailing
address, phone number, and other contact information are out of date, then the Authority
may suspend the smoke shop’s certification until up-to-date contact information
is provided.
(e) A smoke shop certified
under subsection (5)(b) or (5)(c) of this rule may not allow cigarette smoking unless
at least 75 percent of its gross revenue, as reflected in the documentation described
in paragraph (7)(b)(B) of this rule, is derived from the sale of cigarettes.
(f) A smoke shop that is
closed for an extended period of time or otherwise ceases to operate at the location
that is certified is considered by the Authority to not meet certification requirements.
(8) Renewal of Certification:
(a) A smoke shop certified
under subsection (5)(b) or (5)(c) of this rule must renew its certification every
five years within 30 days of the calendar date on which certification was originally
granted.
(b) To renew certification,
a smoke shop certified under subsection (5)(b) or (5)(c) of this rule must submit:
(A) Updated versions of the
documentation required for initial certification under subsection (5)(b) or (5)(c)
of this rule, respectively; and
(B) If the smoke shop allows
cigarette smoking, documentation demonstrating that the smoke shop derives at least
75 percent of its gross revenue from the sale of cigarettes.
(9) Transfer of Certification
with Ownership:
(a) Smoking is not permitted
on the premises of a smoke shop operating under new ownership until certification
is effectively transferred from the certificate holder to the new owner in accordance
with this section.
(b) If a smoke shop certified
under subsection (5)(a) of this rule changes ownership, the following steps must
be completed before the Authority shall transfer certification to the new owner:
(A) The certificate holder
must notify the Authority of the intent to transfer ownership and certification;
(B) The new owner must submit
a notarized, sworn statement to the Authority attesting that the smoke shop will
continue to meet the certification requirements under the new ownership; and
(C) The certificate holder
or the new owner must update the business’s certification documentation with
the Authority.
(c) If a smoke shop certified
under subsection (5)(b) or (5)(c) of this rule changes ownership, the certificate
holder or new owner of the smoke shop must submit the following documentation to
the Authority to transfer certification to the new owner:
(A) Proof of transfer of
ownership of the smoke shop, including, where applicable, updated registration with
the Oregon Secretary of State, Corporation Division;
(B) A notarized, sworn statement
attesting that the business will continue to meet the requirements for certification
under the new ownership; and
(C) A completed application
for transfer of certification (available on the Internet at www.healthoregon.org/smokefree
or by calling the Tobacco Prevention and Education Program).
(d) After certification is
transferred, the new certificate holder must submit financial documentation, including,
but not limited to, sales receipts, demonstrating that at least 75 percent of the
smoke shop’s gross revenue during the first 90 days of operation under new
ownership was derived from the sale of tobacco products or smoking instruments.
(10) Change of Location:
(a) A smoke shop certified
under subsection (5)(a) of this rule that seeks to operate the business at a different
location must reapply for certification in the new location.
(b) A smoke shop certified
under subsection (5)(b) or (5)(c) of this rule that seeks to operate the business
at a different location must submit the following documentation to the Authority,
along with a completed application for transfer of certification, at least 30 days
prior to permitting smoking at the new location:
(A) A copy of the deed or
rental lease for the new location, indicating that the business does not occupy
more than 3,500 square feet unless the original location exceeded 3,500 square feet;
(B) If the new location occupies
more than 3,500 square feet, documentation demonstrating that the square footage
of the new location is no more than 110 percent of the square footage of the location
at which the smoke shop was originally certified;
(C) A notarized, sworn statement
attesting that the smoke shop will cease to operate in the old location; and
(D) Documentation demonstrating
that the smoke shop, as operated in the new location:
(i) Meets the original requirements
for certification set forth in subsection (5)(b) or (5)(c), respectively;
(ii) Does not allow cigarette
smoking unless at least 75 percent of the gross revenue of the business is derived
from the sale of cigarettes.
(c) Smoking is not permitted
on the premises of the new location until the Authority certifies the new location
pursuant to subsection (10)(a) or (10)(b) of this rule.
(11) Certification may be
revoked if a smoke shop is closed for an extended period of time or ceases operating
at the location that is certified. The certificate holder must notify the Authority
immediately if the smoke shop is closing for an extended period of time or will
no longer be operating.
(12) Certification may be
revoked if a smoke shop fails to meet certification requirements or fails to submit
required documentation in accordance with subsection (7)(b) of this rule.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835
- 433.870
Hist.: PH 12-2008, f. 8-15-08,
cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12; PH 26-2014, f. & cert.
ef. 10-8-14
333-015-0069
Revocation of Cigar Bar
and Smoke Shop Certification
The Authority may revoke the
certification of a cigar bar or smoke shop and prohibit the business from reapplying
for up to two years if the business violates the Act or these rules.
Stat. Auth.: ORS 433.855

Stats. Implemented: ORS 433.835
- 433.870

Hist.: PH 12-2008, f. 8-15-08,
cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12
333-015-0070
Enforcement
(1) The Authority shall maintain a system
for receiving complaints, providing educational materials, conducting site visits,
and issuing notices of violation.
(2) The Authority shall:
(a) Provide signs and posters
at no cost to businesses and the public;
(b) Upon request and satisfactory
review, provide certification to cigar bars and smoke shops verifying that they
have met the definitions and standards for allowing smoking as set forth in ORS
433.835(1) and 433.850(2)(d) and these rules;
(c) Provide education and
assistance to employers and entities in charge of public places to help them comply
with the Act;
(d) Receive, respond to,
and investigate complaints of non-compliance with the Act and these rules;
(e) Prepare and follow up
on remediation plans with sites found to be out of compliance with the Act or these
rules; and
(f) Issue citations to violators
of the Act or these rules, and conduct contested cases under ORS Chapter 183 as
necessary.
(3) Upon request of the LPHA
that assumes authority for any or all of the responsibilities pursuant to ORS 433.855(4),
provide consultation and technical assistance to the LPHA.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835
- 433.870
Hist.: OHD 8-2002(Temp),
f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02;
OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04
thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert.
ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12; PH 26-2014, f. & cert. ef.
10-8-14
333-015-0075
Complaint Response
The Authority or the LPHA shall respond
to complaints as follows:
(1) Initial Complaint:
(a) The Authority or the
LPHA shall assess whether the site in question is required to be smokefree under
the provisions of ORS 433.835 through 433.850.
(b) If the Authority or the
LPHA determines that the place of employment, or public place (or any portion thereof),
is required to be smokefree, the Authority or the LPHA shall send a letter (“initial
response letter”) to the place of employment, or public place named in the
complaint within 10 business days after receipt of the complaint of violation. The
letter shall contain notification that the employer, or public place was reported
as being in violation of the Act or these rules, educational materials on how to
comply with the Act and these rules, and information on whom to contact for further
information and assistance with compliance.
(c) The Authority or the
LPHA shall send a form letter to the complainant, if the complainant has supplied
his or her name and contact information, notifying the complainant that the complaint
has been received and is being investigated or that the place of employment is not
required to be smokefree under ORS 433.835 through 433.850.
(2) Second or Subsequent
Complaint:
(a) If the Authority or the
LPHA receives additional complaint(s) about the site within five business days after
the “initial response letter” was sent, the Authority or the LPHA shall
send a form letter to the complainant if the complainant has supplied his or her
name and contact information, notifying the complainant that the complaint has been
received and the investigation process begun.
(b) If the Authority or the
LPHA receives a second or subsequent complaint about the site more than five business
days after the “initial response letter” was sent, a representative
of the Authority or the LPHA shall make an unannounced site visit within 30 days
of complaint receipt to determine whether the employer or public place is in violation
of the Act or these rules.
(c) An employer, entity in
charge of a public place, smoke shop or cigar bar must permit the Authority or the
LPHA access to the place of employment, public place (or any portion thereof), or
smoke shop or cigar bar, in order to determine compliance with the ICAA. Failure
to permit the Authority or LPHA access is a violation and may result in the imposition
of civil penalties under OAR 333-015-0085(1).
(3) Remediation Plan:
(a) If, after a site visit,
the Authority or LPHA finds violations of the ICAA an employer or entity in charge
of a public place, certified smoke shop or cigar bar, or his or her designee, must
cooperate with the Authority or LPHA to develop a remediation plan. All remediation
plans must be completed within 15 days of the site visit.
(b) In special circumstances,
an employer or entity in charge may request in writing an extension of time in which
to complete the remediation plan. An extension may be granted only by the Public
Health Director or designee.
(4) Post-remediation plan
follow-up site visit:
(a) The Authority or the
LPHA shall make a follow-up visit within 30 days of the remediation plan completion
date to confirm completion.
(b) If a violation of the
ICAA is found during the follow-up site visit the Authority may impose civil penalties.
(5) Post-remediation plan
complaints:
(a) If an additional complaint
is received within three years of the date the remediation plan was entered into,
the Authority or the LPHA shall make an unannounced site visit within 21 days of
complaint receipt. If a violation is found the Authority may impose a civil penalty.
(b) If an additional complaint
is received more than three years of the date the remediation plan was entered into
and there is no evidence of other violations in that three-year period, the Authority
or the LPHA shall make an unannounced site visit and must follow the procedures
in sections (3) and (4) of this rule.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835
- 433.870
Hist.: OHD 8-2002(Temp),
f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02;
PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. &
cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2010, f. &
cert. ef. 1-14-10; PH 2-2012, f. & cert. ef. 2-1-12; PH 26-2014, f. & cert.
ef. 10-8-14
333-015-0078
Violations
(1) The following are violations of
the ICAA:
(a) Smoking or carrying a
lighted smoking instrument in an area where smoking is prohibited.
(b) Cigar or cigarette butts
in an area where smoking is prohibited.
(c) Ashtrays intended for
use in an area where smoking is prohibited.
(d) Absence or insufficiency
of signs that are required under these rules.
(e) Operating a cigar bar
without proper certification from the Authority.
(f) Operating as a smoke
shop without proper certification from the Authority.
(g) Smoking of non-cigar
tobacco products in a cigar bar.
(h) Smoking instruments intended
for use in an area where smoking is prohibited.
(i) Non-compliance with any
of the cigar bar or smoke shop certification requirements set forth in the Act or
these rules.
(j) Smoking or carrying a
lighted smoking instrument within 10 feet of entrances, exits, windows that open,
ventilation intakes that serve an enclosed area of any public place or place of
employment, or any portion of an accessibility ramp.
(k) Ashtrays intended to
be used for smoking within 10 feet of entrances, exits, windows that open, ventilation
intakes that serve an enclosed area of any public place or place of employment,
or any portion of an accessibility ramp.
(l) Tables or outdoor seating
or dining areas not clearly marked as non-smoking, within 10 feet of entrances,
exits, windows that open, ventilation intakes that serve an enclosed area of any
public place or place of employment, or any portion of an accessibility ramp.
(m) Failure of an employer
or entity in charge to cooperate in developing a remediation plan.
(n) Failure of an employer
or entity in charge of a public place, a cigar bar or smoke shop to permit the Authority
or the LPHA to inspect all or any part of the premises.
(o) Failure of an employer
to provide a smokefree place of employment by permitting smoking within 10 feet
of the entrances, exits, windows that open, ventilation intakes that serve an enclosed
area, and accessibility ramps.
(2) Notice of Violation:
(a) If the Authority has
evidence of violations of the ICAA or these rules the Authority may impose civil
penalties against an individual, an employer, an entity in charge of a public place,
a cigar bar or smoke shop, in accordance with OAR 333-015-0085.
(b) A Notice of Violation
must be issued in compliance with the notice and civil penalty provision in ORS
Chapter 183 and OAR 333-015-0085.
(c) Payment of civil penalties
shall be made by mail to the Public Health Director and credited to the Tobacco
Use Reduction Account, as required by ORS 433.855(1)(c).
(3) Failure to Cooperate:
In addition to imposing civil penalties under OAR 333-015-0085 the Authority may
initiate further legal action against an employer or entity in charge of a public
place, a cigar bar or smoke shop including, but not limited to, requesting a court
to enjoin operation of the business or public place if the employer or entity in
charge of a public for violations of the ICAA or these rules.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835
- 433.870
Hist.: PH 26-2014, f. &
cert. ef. 10-8-14
333-015-0080
Public Places which the Oregon Health Authority, Public Health Division Regularly Inspects
If, in public places that the
Authority regularly inspects and that are required to be smokefree under these rules,
the Authority’s inspector, during a regular inspection, notes a possible violation of ORS 433.835 through 433.875 or these rules, the inspector
shall report the violation to the Authority.
Stat. Auth.: ORS 433.855

Stats. Implemented: ORS 433.835
- 433.870

Hist.: OHD 8-2002(Temp), f.
& cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02;
PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. &
cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2012, f. &
cert. ef. 2-1-12
333-015-0082
Public Places Regulated
by Other State Agencies or Local Governments
If, during the course of an
inspection of a public place that is regulated by the State of Oregon or a local
government, an inspector notes a possible violation of ORS 433.835 through 433.875
or these rules, the inspector may report the possible violation to the Authority.
Stat. Auth.: ORS 433.855

Stats. Implemented: ORS 433.835
- 433.870

Hist.: PH 12-2008, f. 8-15-08,
cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12
333-015-0085
Penalties
The Authority may impose a civil penalty
of up to $500 per day per violation according to the following schedule:
(1) $500 for violations of
OAR 333-015-0078(1)(a) (c), (e), (f), (g), (i) and (n).
(2) $300 for the first violation
of OAR 333-015-0078(1)(b), (d), (h), (j), (k), (l), (m), and (o).
(3) $500 for the second violation
of OAR 333-015-0078(1)(a), (c), (e), (f), (g), (i), and (n).
(4) $400 for the second violation
of OAR 333-015-0078(1)(b), (d), (h), (j), (k), (l), (m) and (o).
(5) $500 for the third and
any subsequent violations of OAR 333-015-0078(1)(a) through (o).
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835
- 433.870
Hist.: OHD 8-2002(Temp),
f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02;
PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. &
cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2010, f. &
cert. ef. 1-14-10; PH 2-2012, f. & cert. ef. 2-1-12; PH 26-2014, f. & cert.
ef. 10-8-14
Oregon Menu Labeling Act
333-015-0100
Authority and Purpose
(1) These rules are adopted
pursuant to the authority granted the Oregon Health Authority, Public Health Division
in ORS 616.575.
(2) The purpose of the Oregon
Menu Labeling Act is to provide consumers with basic nutrition information about
prepared food sold at chain restaurants.
Stat. Auth.: ORS 616.575

Stats. Implemented: ORS 616.555
– 616.570

Hist.: PH 17-2009, f. 12-29-09,
cert. ef. 1-1-10; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011,
f. & cert. ef. 10-27-11
333-015-0105
Definitions
For purposes of OAR 333-015-0100 through 333-015-0165, the following definitions shall apply:
(1) "Act" means the Oregon Menu Labeling Act as it appears in 2009 Oregon Laws, chapter 314 (House Bill 2726).
(2) “Alcoholic beverage” means any liquid or solid containing more than one-half of one percent alcohol by volume and capable of being consumed by a human being.
(3) “Calorie and nutrient database” means a commercial computer application or a raw nutrient database that is based on United States Department of Agriculture’s (USDA) National Nutrient Database for Standard Reference.
(4)(a) "Chain restaurant" means a restaurant that is located in Oregon that:
(A) Is a part of an affiliation of 15 or more restaurants within the United States;
(B) Sells standardized menu items that constitute 80 percent or more of the menu items served in the restaurant and at least 14 of the other affiliated restaurants; and
(C) Operates under a trade name or service mark, both as defined in ORS 647.005, which is identical or substantially similar to the trade names or service marks of the affiliated restaurants.
(b) “Chain restaurant” does not mean:
(A) A restaurant located inside a facility that is subject to Oregon Department of Agriculture inspection under an interagency agreement described in ORS 624.530, unless the trade name or service mark for the restaurant differs from the trade name or service mark of the facility containing the restaurant;
(B) A cafeteria of a public or private educational institution;
(C) A health care facility as defined in ORS 422.015; or
(D) A motion picture theater.
(5) “Combination meal menu item” means a group of two or more food products or menu items that is offered on a menu, menu board or food tag as a distinct item for sale and that is offered for sale for more than 90 days during a calendar year and which may or may not give the consumer a choice of food items to be included in the meal.
(6) “Condiment” means a sauce, seasoning or dressing including but not limited to butter, jellies or jams, ketchup, mustard, hot sauce, tartar sauce, and similar items offered for general use without charge and not a part of a standard recipe.
(7) “Food product” means a discrete unit serving of a ready-to-eat food or beverage.
(8)(a) “Food tag” means an informational label placed near a menu item, combination meal menu item, or food product that is identified or indicated by the label.
(b) “Food tag” does not mean a menu or menu board.
(9) “Government standards” means nutrient values defined by the USDA National Nutrient Database for Standard Reference.
(10) “Laboratory testing” means the chemical analysis of food products to determine nutrient content.
(11) “Menu” means a pictorial display or written description of menu items, combination meal menu items, or food products that does not have a fixed location and is not intended for joint viewing by multiple patrons.
(12)(a) “Menu board” means a pictorial or written description of menu items, combination meal menu items, or food products that:
(A) Is located where the customer places an order for a menu item; and
(B) Is not a menu or a food tag.
(b) “Menu board” does not mean a pictorial display used solely for the purpose of marketing.
(13)(a) “Menu item” means a prepared food product that is offered on a menu, menu board or food tag as a distinct article for sale.
(b) “Menu item” does not mean the following:
(A) Condiments that are made available on tables or counters for general use without charge;
(B) Food products that are offered for sale for less than 90 days during a calendar year;
(C) Alcoholic beverages, except as provided for under OAR 333-015-0160; or
(D) Food products in sealed manufacturer packaging.
(14) “Restaurant” means any establishment where food or drink is prepared for consumption by the public or any establishment where the public obtains food or drink so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments that prepare food or drink in consumable form for service outside the premises where prepared, but does not include railroad dining cars, bed and breakfast facilities or temporary restaurants.
(15) "Self-service item" means any menu item that restaurant customers are permitted to obtain without assistance of a restaurant employee or agent.
(16) “Sealed manufacture packaging” means any food product sold in a sealed package subject to the nutrition labeling requirements for the Federal Nutrition Labeling and Education Act of 1990 (21USC 301) (21CFR101) (PL101-535) (NLEA).
(17) “Serving” means the discrete amount or portion of food as determined by the chain restaurant. Serving does not have the same definition given by the USDA and cited in the NLEA.
(18) “Standardized menu item” means any food product that is prepared with a standard recipe or formula within a chain restaurant, regardless of its name as a menu item.
(19) “Variable menu item” means a menu item that is available in different flavors and varieties at the same price point.
(20) “Verifiable reference values” means nutrient values based on the USDA National Nutrient Database for Standard Reference.
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0110
General Provisions
(1) Each chain restaurant shall accurately ascertain and make available on site, and in written format, the typical nutrient values for each menu item and combination meal menu item, as the item is usually prepared and offered for sale on menus, menu boards and food tags, including condiments routinely added to a menu item as part of a standard recipe:
(a) Total calories;
(b) Total grams of saturated fat;
(c) Total grams of trans fat;
(d) Total grams of carbohydrates; and
(e) Total milligrams of sodium.
(2) OAR 333-015-0110(1) does not apply to:
(a) Food products that are offered for sale for less than 90 days in a calendar year;
(b) Condiments;
(c) Alcoholic beverages not listed as menu items; or
(d) Unopened food products sold in sealed manufacturer packaging that are not intended to be part of the menu item or combination meal menu item.
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0115
Written Formats for Nutrition Information
(1) Chain restaurants must provide nutrition information in one or more of the following formats:
(a) A printed menu;
(b) A printed menu insert; or
(c) A brochure or printed handout.
(2) A copy of nutrition information shall be made available to each customer who requests it. Customers must not be required to return copies of nutrition information to the chain restaurant.
(3) Nutrition information for menu items must be labeled and organized in a manner that is readable, consistent with the organization and naming conventions of menu items on menus, menu boards or food tags and must be in a font size of not less than nine point.
(4) Nutrition information for menu items and food products in a combination meal menu item must be clearly labeled in a manner that is consistent with the name of the item as it is sold in the combination meal menu item.
(5) Nutrition information for menu items that are also sold as a part of a combination meal menu item under a different name must be listed under both names.
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0120
Nutrition Labeling of Variable Menu Items
For variable menu items, the chain restaurant shall provide required nutrition information as follows:
(1) If both the highest and lowest value of the variable menu item is within 0 to 10 percent of the median value, the median value alone of the required nutrition information may be listed.
(2) If both the highest and lowest value of the variable menu item is within 11 to 20 percent of the median value, the range of values of the required nutrition information must be listed.
(3) If neither section (1) or (2) of this rule applies, each flavor or variety of the menu item must be listed as a separate menu item and accompanied by required nutrition information.
(4) In lieu of sections (1) through (3) of this rule, each flavor or variety of a menu item may be listed as a separate menu item and accompanied by required nutrition information.
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0125
Nutrition Labeling of Combination Meal Menu Items
Labeling of combination meal menu items is not required as long as typical nutrient values are provided for the individual food products or menu items that comprise the combination meal menu item.
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0130
Nutrition Information for Shared Menu Items or Shared Combination Meal Menu Items
Nutrition information for menu items or combination meal menu items intended to serve multiple individuals must state the number of individuals intended to be served by the menu items or combination meal menu items and the total typical nutrient values per individual serving.
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0135
Acceptable Methods for Determining Typical Nutrient Values for Required Nutrition Information
A chain restaurant must utilize one of the following methods for determining typical nutrient values for menu items and combination meal menu items:
(1) Calorie and nutrient databases as that term is defined in OAR 333-015-0105;
(2) Verifiable reference values as that term is defined in OAR 333-015-0105;
(3) Laboratory testing as that term is defined in OAR 333-015-0105; and
(4) Government standards as that term is defined in OAR 333-015-0105.
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0140
Verifiable and Accurate Information
(1) A chain restaurant may not make available to customers any typical nutrient values that are substantially inaccurate or that the restaurant knows or should know to be false or misleading.
(2) A chain restaurant may be found by the Oregon Public Health Division to have substantially inaccurate nutrient values if the chain restaurant failed to use one (or more) of the acceptable methods for determining nutrient values described in these rules.
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0145
Nutrition Information for Self-Service Items
For menu items offered in a buffet, salad bar or other self-service area, nutrition information within a chain restaurant must specify -- The typical nutrient values for an individual serving including:
(1) The size of an individual serving expressed in standard weights and measures; and
(2) The size of an individual serving expressed in relation to the utensil provided by the chain restaurant for serving that item or the individual servings as prepared or displayed by the chain restaurant.
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0150
Trans Fat
A restaurant shall follow U.S. Food and Drug Administration (FDA) guidelines for labeling trans fat. This means that trans fat does not have be listed if the total trans fat in the food is less than 0.5 grams per labeled serving, and the chain restaurant makes no claims regarding fat, fatty acids or cholesterol content.
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0155
Rounding Rules
Chain restaurants may round numerical values as follows, except for typical nutrient values for alcoholic beverages:
(1) Total calories values:
(a) For values above 50 calories, the disclosed value shall be rounded to the nearest value evenly divisible by 10.
(b) For values equal to or less than 50 calories, the disclosed value shall be rounded to the nearest value evenly divisible by five.
(2) Total grams of saturated fat values:
(a) For values above five grams of saturated fat, the disclosed value shall be rounded to the nearest gram.
(b) For values equal to or less than five grams of saturated fat, the disclosed value shall be rounded to the nearest 0.5 gram.
(c) For values below 0.5 grams of saturated fat, the disclosed value shall be rounded down to zero.
(3) Total grams of carbohydrates values:
(a) For values equal to or greater than one gram of carbohydrate, the disclosed value shall be rounded to the nearest gram.
(b) For values less than one gram of carbohydrate, the disclosed value shall be expressed as “contains less than one gram” or “less than one gram.”
(c) For values below 0.5 grams of carbohydrate, the disclosed value shall be rounded down to zero.
(4) Total milligrams of sodium values:
(a) For values above 140 milligrams of sodium, the disclosed value shall be rounded to the nearest value evenly divisible by 10.
(b) For values between 5 and 140 milligrams of sodium, the disclosed value shall be rounded to the nearest value evenly divisible by five.
(c) For values below five milligrams of sodium, the disclosed value shall be rounded down to zero.
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0160
Alcoholic Beverages
(1) Chain restaurants must provide nutrition information for alcoholic beverages offered on a menu, menu board or food tag for more than 90 days. Nutrition information for alcoholic beverages must be based on the following typical nutrient values for alcohol:
(a) For wine, 122 calories, 4 grams of carbohydrate and 7 milligrams of sodium per 5-ounces;
(b) For beer, other than light beer, 153 calories, 13 grams of carbohydrates and 14 milligrams of sodium per 12-ounces;
(c) For light beer, 103 calories, 6 grams of carbohydrates and 14 milligrams of sodium per 12-ounces;
(d) For distilled spirits, 96 calories per 1.5 ounces; and
(e) For mixed drinks or drinks that are a combination of wine, beer, or distilled spirits and one or more additional ingredients, chain restaurants must provide the total typical nutrient value for the mixed drink using the values for alcohol in OAR 333-015-0160(1), combined with the typical nutrient values for other ingredients based on acceptable methods for determining typical nutrient values under 333-015-0135(1).
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0165
Disclaimers and Additional Nutrition Information
(1) Chain restaurants may publish truthful disclaimers, notifying customers that there may be variations in nutrient content across servings, due to differences in preparation, inconsistent service sizes, ingredients, or custom orders.
(2) Chain restaurants may publish truthful additional nutrition information for menu items including but not limited to cholesterol, fiber, sugar, protein, calcium, iron, vitamin C, vitamin A, and allergens.
(3)(a) Chain restaurants may publish a statement providing information about the recommended daily intake amounts for calories, saturated fat and sodium as follows:
(b) “Recommended limits for a 2,000 calorie daily diet are 20 grams of saturated fat and 1,700 milligrams of sodium.”
Stat. Auth.: 2009 OL Ch. 314

Stats. Implemented: 2009 OL Ch. 314

Hist.: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10


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