HomeMy WebLinkAboutDraft SB 631 Guidance
Foodborne Illness Prevention Program
Subject: Licensing of Government Entities (SB 631)
Number: 01-13
Issue Date: November 5, 2013
Expiration Date: January 1, 2019
Overview:
The 2013 Oregon Legislative passed Senate Bill 631 to require government entities
that serve food to the public to be licensed by the local health department. This
new provision in ORS 624 is effective January 1, 2014. Senate Bill 631 was
passed in response to a Norovirus outbreak at the Oregon Zoo, which is run by
Metro, a regional government body in the Portland Metropolitan Area. The
Legislature enacted SB 631 to address the fact that the Zoo and other government
entities were exempt from the food service license and inspection requirements.
Communication:
OHA is not planning any organized statewide notification about this change since
the diversity of this cohort is so great. We will, however, provide this guidance to
the Oregon Department of Education so they will be aware of the effect of these
changes on their facilities. You will need to contact government entities in your
jurisdiction and determine their licensing status and inform them of this change.
Licensing and Fees:
Since this change will affect some facilities that are of a non-profit or benevolent
nature (senior centers and schools) you will want to work with them as they face
the costs of achieving compliance, such as plan review and facility upgrades.
Also, while government entities such as schools and senior centers do not meet the
exact definition of a benevolent organization, if the facility has a benevolent
approach (fundraising activities or feeding needy populations) you should consider
them as benevolent for licensing purposes. This will allow you to issue reduced
fee licenses for benevolent organizations if you so choose.
Finally, as you identify licensable government entities, please let us know of any
unique situations you encounter so we may update this guidance and inform other
Local Public Health Authorities in Oregon.
Licensing of Government Entities
Page 2 of 3
Guidance:
To determine whether a government entity is now subject to the licensing
requirements in ORS 624, you need to ask the following:
Is the government-run food service establishment serving to the public?
1) If yes, then a food service license is required of the facility operator.
2) If no, then regardless of who operates the food service establishment, it is
not subject to the licensing requirement in ORS 624.
License Required Exempt from Licensure
· Any state, local or special
governmental body that provides food
service to the public. Food service
includes restaurants, temporary
restaurants, bed and breakfast facilities,
mobile food units, commissaries,
warehouses and vending machines;
· Temporary restaurants at events run by
government entities (e.g., police
department sponsored chili cook-off,
fish fry to support volunteer fire
department);
· Concession stands at school football
fields or gymnasiums;
· Senior centers;
· Oregon Zoo;
· Food service at colleges and
universities where the public is allowed
(e.g., student unions, sporting events);
· A private government entity that
provides catering services to the public
(e.g., school culinary program, local or
state correctional facility).
· An approved school lunchroom
where food is prepared and served
for school and community
activities and the food preparation
and service are under the direction
of the school lunchroom
supervisor;
· University cafeteria serving only
students;
· Child care facilities;
· Head Start facilities;
· Nursing home, assisted-living and
residential care facilities;
· Juvenile detention;
· Employee-only cafeteria;
· Federal government food service
establishments (regulated by
FDA);
· State prison or county jail;
· Tribal food service facilities on
reservation land.
Licensing of Government Entities
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Pertinent Statutory References*:
ORS 174.100 (5) “ Person ” includes individuals, corporations, associations, firms,
partnerships limited liability companies and joint stock companies.
ORS 174.109 “ Public body ”…means state government bodies, local government
bodies and special government bodies.
ORS 624.020 (1) A person may not operate a restaurant or bed and breakfast
facility without a license to do so from the Oregon Health Authority.
ORS 624.320 (1) A person may not operate a vending machine, warehouse,
commissary or mobile unit without first procuring a license to do so from the
Oregon Health Authority.
ORS 624.010 (8) “ Person ” means a person as defined in ORS 174.100, a public
body as defined in ORS 174.109, the Oregon Health and Science University or the
Oregon State Bar.
ORS 624.010 (9) “Restaurant”…means an establishment:
(a) Where food or drink is prepared for consumption by the public ;
(b) Where the public obtains food or drink so prepared in for or quantity
consumable then and there, whether or not it is consumed within the confines of
the premises where prepared; or
(c) That prepares food or drink in consumable form for service outside the
premises where prepared.
* Keep in mind that the exact statutory references may not match since the updated
version of ORS 624 is not available yet.