2017 ORS 616.723¹
Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings
  • rules

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This section is amended
Effective January 1, 2020
Relating to consumer price index; creating new provisions; and amending ORS 58.187, 90.490, 90.493, 100.305, 196.815, 196.818, 200.057, 238A.155, 321.017, 327.006, 332.405, 339.133, 442.851, 459.310, 459A.125, 461.543, 468A.276, 470.640, 471.175, 471.750, 565.447, 616.686, 616.723, 671.540, 735.406, 776.357, 776.810, 811.720, 811.745 and 830.110 and section 2, chapter 2, Oregon Laws 2017, and section 3, chapter 390, Oregon Laws 2017.

(1) As used in this section:

(a) “Food” and “food establishment” have the meanings given those terms in ORS 616.695 (Definitions for ORS 616.695 to 616.755). “Food” does not include any article containing cannabis.

(b) “Potentially hazardous” means requiring temperature control due to the capacity to support the rapid and progressive growth of infectious microorganisms or the growth of toxic microorganisms.

(2) ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) do not apply to a food establishment if:

(a) The food establishment is located in a residential dwelling;

(b) The food establishment sells food only to the end user of the product;

(c) The foods prepared at the food establishment for public distribution are not potentially hazardous;

(d) The foods prepared at the food establishment for public distribution are baked goods or confectionary items;

(e) The food bears on its label a statement and product information as described in subsection (4) of this section informing consumers that the product is not prepared in an inspected food establishment;

(f) Except as provided in subsection (6) of this section, the annual gross sales of foods prepared at the food establishment do not exceed $20,000; and

(g) Each individual involved in the preparation of food at the food establishment for public distribution has successfully completed a food handler training program and holds a certificate issued under ORS 624.570 (Food handler training requirement).

(3) A person may not sell foods prepared in an establishment described in this section on the Internet or to a commercial entity or an institution including, but not limited to, a restaurant, grocery store, caterer, school, day care center, hospital, nursing home or correctional facility.

(4)(a) Except as provided in this paragraph, the label statement required under subsection (2) of this section is “This product is homemade and is not prepared in an inspected food establishment.” The State Department of Agriculture may adopt rules specifying alternative wording for the label statement to the extent that alternative wording is necessary in order to comply with federal requirements.

(b) In addition to the statement required under paragraph (a) of this subsection, the label shall disclose the following product information:

(A) The name, phone number and address for the food establishment;

(B) The name of the product;

(C) The ingredients of the product in descending order by weight;

(D) The net weight or net volume of the product;

(E) Any applicable allergen warnings as specified under federal labeling requirements; and

(F) If the label provides any nutrient content claim, health claim or other nutritional information, product nutritional information as described in federal labeling requirements.

(5) Notwithstanding subsection (2) of this section, the department may require a food establishment described in this section to become licensed under ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers), if the food establishment refuses to comply with department rules requiring that the food establishment be constructed and maintained in a clean, healthful and sanitary condition.

(6) The department may adopt rules increasing the food sales limit established in subsection (2) of this section by an amount that reflects changes in the Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All Items as reported by the Bureau of Labor Statistics of the United States Department of Labor. The State Department of Agriculture may not adopt rules decreasing the food sales limit established in subsection (2) of this section.

(7) A person operating a food establishment described in this section must maintain accurate records of annual sales and the types of foods produced by the food establishment. The person must retain the records for not less than three years and make the records available for inspection by the department upon request. [2015 c.453 §2; 2017 c.21 §120]

Note: 616.723 (Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings) was added to and made a part of ORS chapter 616 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

1 Legislative Counsel Committee, CHAPTER 616—General and Miscellaneous Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors616.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.