(1) "Alcoholic beverage" has the meaning given that term in ORS 471.001.
(2)(a) "Chain restaurant" means a restaurant located in Oregon that:
(A) Is part of an affiliation of 15 or more restaurants within the United States;
(B) Sells standardized menu items that constitute 80 percent or more of the menu items served in the restaurant and at least 14 of the other affiliated restaurants; and
(C) Operates under a trade name or service mark, both as defined in ORS 647.005, that is identical or substantially similar to the trade names or service marks of the affiliated restaurants.
(b) "Chain restaurant" does not mean:
(A) A restaurant located inside a facility that is subject to State Department of Agriculture inspection under an interagency agreement described in ORS 624.530, unless the trade name or service mark for the restaurant differs from the trade name or service mark of the facility containing the restaurant;
(B) A cafeteria of a public or private educational institution;
(C) A health care facility as defined in ORS 442.015; or
(D) A motion picture theater.
(3) "Food product" means a discrete unit serving of a ready-to-eat food or beverage.
(4)(a) "Food tag" means an informational label placed near a menu item that is identified or indicated by the label.
(b) "Food tag" does not mean a menu or menu board.
(5) "Menu" means a pictorial or written description of menu items that does not have a fixed location and is not intended for joint viewing by multiple patrons.
(6)(a) "Menu board" means a pictorial display or written description of menu items that:
(A) Is located where the customer places an order for a menu item; and
(B) Is not a menu or a food tag.
(b) "Menu board" does not mean a pictorial display used solely for the purpose of marketing.
(7)(a) "Menu item" means a prepared food product or a group or combination of prepared food products that is offered on a menu, menu board or food tag as a distinct article for sale.
(b) "Menu item" does not mean the following:
(A) Condiments that are made available on tables or counters for general use without charge.
(B) Food products that are offered for sale less than 90 days during a calendar year.
(C) Alcoholic beverages, except as provided by rule by the Oregon Health Authority as described in ORS 616.575.
(D) Food products in sealed manufacturer packaging.
(8) "Restaurant" has the meaning given that term in ORS 624.010. [2009 c.314 §1; 2011 c.720 §208]
Note: 616.555 to 616.590 were enacted into law by the Legislative Assembly but were 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
Volume : 15 - Water Resources, Agriculture and Food
Chapter 616 - General and Miscellaneous Provisions
Section 616.020 - Surveys, investigations and inquiries by Oregon Health Authority.
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 616.330 - 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 616.555 - Definitions for ORS 616.555 to 616.585.
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 616.686 - Farm direct marketing rules.
Section 616.695 - Definitions for ORS 616.695 to 616.755.
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 616.735 - When insanitary conditions exist.
Section 616.740 - Condemnation where insanitary conditions exist.
Section 616.745 - Handling of food by diseased persons prohibited; rules.
Section 616.775 - Definitions for ORS 616.775 to 616.790.
Section 616.805 - Definitions for ORS 616.800 to 616.835 and 616.994.
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 616.892 - Single-use plastic straws; penalties.
Section 616.894 - Local plastic straw laws.
Section 616.997 - Civil penalties; rules; hearing; disposition of moneys.