Food Sanitation Rules Effective Date: February 1, 2020 Table of Contents OAR 333-150 Food Sanitation Rule 1 OAR 333-157 Inspection and Licensing Procedures 89 OAR 333-158 Combination Food Service Facilities 94 OAR 333-160 Destruction of Food Unfit for Human Consumption 95 OAR 333-162 Mobile Units, Commissaries and Warehouses 96 Annex Form 1 Applicant and Food Employee Interview 101 Form 2 Food Employee Reporting Agreement 102 Inspectional Guides Food Code Inspectional Guide 103 Index 108 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. If you need this in an alternate format, please contact 971-673-0451. 2 OREGON HEALTH AUTHORITY DIVISION 150 FOOD SANITATION RULE Introduction Authority, Purpose, Incorporation by Reference, and Deletions (1) Authority and Purpose. This rule establishes definitions, sets standards for management and personnel, food protection, and equipment and facilities, water supply, sewage disposal, provides for food establishment plan review, and employee restriction to safeguard public health and provide consumers food that is safe, unadulterated, and honestly presented. (2) Incorporation by Reference. The requirements in the U.S. Public Health Service, Food and Drug Administration (FDA), Food Code 2009, Chapters 1 through 8 are adopted and incorporated by reference. The Food Code is available at https://fda.gov/food/fda-food-code/food- code-2009. (3) Deletions. The following sections, paragraphs or subparagraphs of the 1999 FDA Food Code are deleted in their entirety: 2- 102.11(C)(8)(b), 2-102.20, 2-103.11(K), 3-202.18(A)(1)(a)-(e), 4-301.12(C)(5), (D) and (E), 4-501.115, 4-603.16(B) and (C), 4-603.17(B)(1), 8-302.11, 8-302.14(E), 8-401.10(B), 8-401.20, 8-402.20(A)(3), 8-402.40, 8-406.11, 8-501.40 and Annex 1 through 8. Chapter 1 Purpose and Definitions Parts 1-1 TITLE, INTENT, SCOPE 1-2 DEFINITIONS Subparts: 1-101 Title 1-102 Intent 1-103 Scope 1-101.10 Food Code. These provisions shall be known as the Food Code, hereinafter referred to as “this Code.” 1-102.10 Food Safety, Illness Prevention, and Honest Presentation. The purpose of this Code is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented. 1-103.10 Statement. This Code establishes definitions; sets standards for management and personnel, food operations, and equipment and facilities; and provides for food establishment plan review, permit issuance, inspection, employee restriction, and permit suspension. 1 1-2 DEFINITIONS Subpart: 1-201 Applicability and Terms Defined 1-201.10 Statement of Application and Listing of Terms. (A) The following definitions apply in the interpretation and application of this Code. (B) Terms Defined. Accredited program. (1) "Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals or approved by the Oregon Health Authority (Authority) or the Oregon Department of Agriculture. (2) "Accredited program" refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re- certification, discipline and grievance procedures; and test development and administration. (3) "Accredited program" does not refer to training functions or educational programs. Additive. (1) "Food additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(s) and 21 CFR 170.3(e)(1). (2) "Color additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(t) and 21 CFR 70.3(f). "Adulterated" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 402. "Approved" means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health. “Assembly” means the act of putting together foods that do not require further preparation. This includes, but is not limited to, placing a hot dog on a bun, or placing beans, lettuce and cheese on a tortilla. Asymptomatic. (1) "Asymptomatic" means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice. (2) "Asymptomatic" includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested. “Authority” means the Oregon Health Authority. "aw" means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol aw. "Balut" means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching. “Base of Operation” means the licensed restaurant, commissary or warehouse that services a mobile unit or vending operation. “Benevolent Meal Site” means: (1) A periodic food service operation run by a benevolent organization that provides food to the needy or indigent without charge; and (2) The meal service does not operate from a permanent kitchen facility. "Beverage" means a liquid for drinking, including water. "Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water. 2 "Casing" means a tubular container for sausage products made of either natural or artificial (synthetic) material. “Catering” means the preparation of food in an approved food establishment and the transportation of the food for service and consumption at some other site. "Certification number" means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program. "CFR" means Code of Federal Regulations. Citations in this Code to the CFR refer sequentially to the Title, Part, and Section numbers, such as 40 CFR 180.194 refers to Title 40, Part 180, Section 194. “CIP” (1) "CIP" means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. (2) "CIP" does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in- place manual cleaning without the use of a CIP system. “Close” means to summarily stop the operation of a food establishment pursuant to ORS 624.073 and ORS 624.370. “Code” shall have the same meaning as administrative rule. “Combination Food Service Establishment” means any food establishment located within a single structure or at a single site, and which is engaged in activities subject to licensing or inspecting requirements of both the Authority and the Oregon Department of Agriculture, and the regulated activities are common to the same operator. “Commercial warewashing machine” means a machine designed and manufactured specifically for use in a food service establishment such as a restaurant and not for domestic or light-commercial purposes. "Commingle" means: (1) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label, or (2) To combine shucked shellfish from containers with different container codes or different shucking dates. Comminuted. (1) "Comminuted" means reduced in size by methods including chopping, flaking, grinding, or mincing. (2) "Comminuted" includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of 2 or more types of meat that have been reduced in size and combined, such as sausages made from 2 or more meats. “Commissary” means a commissary catering establishment, restaurant, or any other place in which, food, beverage, ingredients, containers, or supplies are kept, handled, packaged, prepared or stored, and from which vending machines or mobile units are serviced. A licensed commissary may only be used for catering if licensed mobile food units or vending machines are serviced by the establishment as specified in ORS 624.310. “Complete Inspection” means any inspection conducted at the election of the licensing agency evaluating all items on the inspection form. "Confection" means candy or sweets, including, but not limited to, salted caramel, fudge, marshmallow bars, chocolate covered marshmallows, and hard candy. “Convenience store” means a business that, for compensation, offers or provides a range of commodities that includes food and beverages as it relates to plastic straws. "Conditional employee" means a potential food employee to