2021 Oregon Revised Statutes
Chapter 616 - General and Miscellaneous Provisions
Section 616.028 - State Department of Agriculture administration and enforcement of federal or interstate food safety systems; rules; penalties.


(a) Conducting inspections to ensure that a farm or a food facility is complying with department rules adopted under this section;
(b) Providing food facilities with documentation of licenses, inspection reports or other evidence of state oversight that federal guidelines developed under or in relation to the federal Act require as assurance that a food facility is in compliance with state, local or other nonfederal food safety laws;
(c) Entering into intergovernmental agreements, contracts, memoranda of understanding or other arrangements for the administration and enforcement of the interstate food safety systems;
(d) Facilitating partnerships of state agencies with federal, local and private sector entities to help coordinate and enhance the protection of agriculture and food systems;
(e) Providing for the regular and timely exchange of information relating to the security of agriculture and food systems, including but not limited to information for food tracing;
(f) Assisting in the development and adoption of science-based minimum standards for the safe production and harvesting of agricultural products;
(g) Coordinating with federal, local and private sector entities to develop and employ best practices for preparedness and response plans for agriculture and food defense;
(h) Protecting the economy and public health from the effects of:
(A) Animal or plant disease outbreaks;
(B) Food contamination; and
(C) Natural disasters affecting agriculture and food;
(i) Imposing reasonable fees for services; and
(j) Assessing civil penalties or other sanctions to the extent authorized under the federal Act or an interstate food safety system.
(2) The department may adopt rules for the purpose of carrying out any department duties, functions and powers authorized under this section. The rules may include, but need not be limited to, the adoption by reference, in modified or unmodified form, of any statutes, regulations, guidelines or other provisions, or of any standards, practices or requirements, used by the federal government with regard to the federal Act or by the federal government or other parties with regard to interstate food safety systems authorized under the federal Act.
(3) The authority granted to the department under this section is in addition to, and not in lieu of, any other lawful authority granted to the department under state or federal law to administer and enforce standards, practices or requirements related to food safety. [2017 c.303 ยง1]
Note: 616.028 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 616 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 15 - Water Resources, Agriculture and Food

Chapter 616 - General and Miscellaneous Provisions

Section 616.010 - State Department of Agriculture and Oregon Health Authority to administer and enforce food laws.

Section 616.020 - Surveys, investigations and inquiries by Oregon Health Authority.

Section 616.028 - State Department of Agriculture administration and enforcement of federal or interstate food safety systems; rules; penalties.

Section 616.073 - Policy and prohibitions on sulfite use; exceptions.

Section 616.077 - Oregon Health Authority rules; exception.

Section 616.205 - Definitions for ORS 616.205 to 616.385.

Section 616.215 - Prohibited acts.

Section 616.223 - Processing of reclaimed fish for food banks; sale and purchase exemption.

Section 616.225 - Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity.

Section 616.230 - Definitions and standards; conformity to federal regulations; rules.

Section 616.235 - When food deemed adulterated; rules.

Section 616.250 - When food deemed misbranded; rules.

Section 616.286 - Inspection and investigation powers of department.

Section 616.295 - Reports and information issuable by department.

Section 616.325 - Consumer commodity labeling requirements; restrictions on consumer commodity distribution; rulemaking; conformance to federal standards.

Section 616.330 - Alcoholic beverage exemption.

Section 616.333 - Diethylstilbestrol use in food; label.

Section 616.345 - Rules governing use of pesticide chemicals.

Section 616.350 - Control of food additives; rules.

Section 616.355 - Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350.

Section 616.360 - Standards for rules.

Section 616.366 - Rules for use of poisons, pesticides, food or color additives; matters to be considered.

Section 616.555 - Definitions for ORS 616.555 to 616.585.

Section 616.560 - Determination of menu item typical values; provision of accurate information to customers.

Section 616.565 - Calorie content information for combination or multiserving items.

Section 616.570 - Menus, menu boards and food tags; additional information; disclaimer.

Section 616.575 - Rules; typical values for alcoholic beverages.

Section 616.580 - Inspections; notice and opportunity to cure violation; penalties.

Section 616.585 - Local disclosure requirements prohibited.

Section 616.590 - Lack of cause of action or claim.

Section 616.680 - Definitions for ORS 616.680, 616.683 and 616.686.

Section 616.683 - Regulatory exemption for sales location and farm direct marketer of certain agricultural products; rules.

Section 616.686 - Farm direct marketing rules.

Section 616.695 - Definitions for ORS 616.695 to 616.755.

Section 616.700 - Department to enforce sanitation requirements for food and food establishments; rules.

Section 616.706 - Licenses; sanctions; changes; posting; cancellation; fees; rules.

Section 616.708 - Additional users of establishment; fees; rules.

Section 616.711 - Where licenses not required; when ORS 616.695 to 616.755 not applicable.

Section 616.713 - Unauthorized food establishments.

Section 616.716 - When inspection authorized; ORS 616.695 to 616.755 in addition to other laws.

Section 616.718 - Waiver of routine inspection; rules.

Section 616.721 - Exemption from ORS 616.695 to 616.755 for federally inspected establishments.

Section 616.723 - Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings; rules.

Section 616.726 - City regulation of food and food establishments authorized; department to examine city regulation for adequacy.

Section 616.735 - When insanitary conditions exist.

Section 616.740 - Condemnation where insanitary conditions exist.

Section 616.745 - Handling of food by diseased persons prohibited; rules.

Section 616.761 - Standards of identity and quality for olive oil; prohibition of imitation olive oil; rules.

Section 616.775 - Definitions for ORS 616.775 to 616.790.

Section 616.785 - Sale of unenriched flours, macaroni or noodle products prohibited; certain products exempted.

Section 616.790 - Enforcement of ORS 616.775 to 616.790 by department; inspection; sampling; failure to permit inspection; rules.

Section 616.805 - Definitions for ORS 616.800 to 616.835 and 616.994.

Section 616.820 - Label required to be affixed to package not later than time of delivery to retail seller.

Section 616.825 - Sale of perishable food after expiration of pull date prohibited; exceptions; time for removal of packages with expired pull dates.

Section 616.830 - Altering labels or using nonconforming labels prohibited.

Section 616.835 - Rulemaking authority.

Section 616.850 - Definitions for ORS 616.850 to 616.890.

Section 616.855 - Items exempt from unit pricing requirements.

Section 616.860 - Unit pricing of packaged consumer commodities required; explanation to consumers.

Section 616.875 - Rules; retail establishments presumed subject to unit pricing until exempted by department.

Section 616.892 - Single-use plastic straws; penalties.

Section 616.894 - Local plastic straw laws.

Section 616.997 - Civil penalties; rules; hearing; disposition of moneys.