Inspection And Licensing Procedures

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_333/333_157.html
Published: 2015

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

 

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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 624.038, 624.041, 624.082
& 624.084

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 624.038, 624.041, 624.082
& 624.084

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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