2017 ORS 616.726¹
City regulation of food and food establishments authorized
  • department to examine city regulation for adequacy

(1) The provisions of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) do not prohibit any city from enacting and enforcing any ordinance establishing a system, program, inspection services and licensing thereunder, within the corporate limits or boundaries thereof, which carries out the purposes and intent of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers), if the same is at least equal to the provisions of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) and regulations promulgated thereunder. A copy of each such ordinance, including any amendment thereof, shall be forwarded by the city to the State Department of Agriculture.

(2) Not less than once each two years the department shall investigate the ordinance and determine if it meets the requirements and standards of subsection (1) of this section and if such system, program and inspections thereunder are being properly carried out and enforced. If the department finds such program, system and inspections do not meet these requirements and standards, it shall give written notice of such finding to the chief administrative officer of the city.

(3) If the department thereafter finds, not less than 30 days after the date of giving notice, that such system, program and inspections continue to fail to be enforced properly or are not carrying out the intent and purposes of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers), the department shall make a finding to that effect and thereupon the provisions of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) shall become applicable to all persons and food establishments within the corporate limits of such city. [1965 c.501 §7; 1975 c.389 §7]

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.