ORS 616.695¹
Definitions for ORS 616.695 to 616.755

As used in ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers), unless the context requires otherwise:

(1) “Department” means the State Department of Agriculture.

(2) “Dietary ingredient” means one or more of the following or a concentrate, constituent, extract or metabolite of one or more of the following:

(a) An amino acid;

(b) An herb or other botanical;

(c) A mineral;

(d) A dietary substance intended to supplement the human diet by increasing total dietary intake; or

(e) A vitamin.

(3) “Dietary supplement” means an article, not including any tobacco product, that:

(a) Is subject to dietary supplement labeling requirements under 21 C.F.R. 101.36;

(b) Is intended to supplement conventional food in the diet of humans and contains a dietary ingredient; and

(c)(A) Is intended for ingestion in tablet, capsule, powder, softgel, gelcap or liquid form; or

(B) Is not represented to be a conventional food or to be for use as the sole item of a meal or diet.

(4) “Food establishment” means:

(a) Any room, building, structure or place, used or intended for use, or operated for storing, preparing, compounding, manufacturing, processing, freezing, packaging, distributing, handling, salvaging or displaying food.

(b) The ground upon which such place or business is operated or used and so much ground adjacent thereto as is also used in carrying on the business of the establishment. The department may prescribe such additional area or places which, although they may not be contiguous or adjacent to the above area or establishment, may be included therein.

(c) Vehicles, machinery, equipment, utensils, tools, fixtures, implements, and all other articles or items, used in operating or carrying on the business of a food establishment.

(5) “Food” means any article used, or intended to be used, for food, ice, drink, confection, condiment or dietary supplement, whether simple or compound, or any part or ingredient thereof or in the preparation thereof, and for human consumption.

(6) “Salvaging” means the business of reconditioning, repacking, relabeling, cleaning or culling of foods that have been damaged or adulterated as a result of fire, storm, flood, water, smoke, chemicals or commercial transit accident. [1965 c.501 §1; 1975 c.389 §1; 1983 c.160 §3; 2017 c.42 §2]

Notes of Decisions

Depending on func­tion, vehicles may be either food es­tab­lish­ments or components of food es­tab­lish­ment. Schwan’s Sales Enterprises v. Dept. of Agriculture, 129 Or App 131, 877 P2d 1214 (1994), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 616—General and Miscellaneous Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors616.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 616, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano616.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information