(a) "Authorization" means a license, permit, certificate or other approval for the operation of a food establishment.
(b) "Food establishment" has the meaning given that term in ORS 616.695.
(2) In addition to any other authority granted to the State Department of Agriculture, including, but not limited to, condemnation or closure authority under ORS 632.705 to 632.815 or this chapter or ORS chapter 619, 621, 622, 624 or 625, the department may order the closure of a food establishment if:
(a) Department authorization for operation of the food establishment is required by law; and
(b) The authorization has not been obtained or has lapsed.
(3) Prior to ordering the closure of a food establishment under this section, the department shall give notice:
(a) As required under ORS 561.300, if the authorization to operate the food establishment has lapsed.
(b) As provided by a rule of the department that allows not less than 45 days for compliance, if an authorization to operate the food establishment has not been obtained.
(4) After providing the notice required under subsection (3) of this section and prior to ordering the closure of a food establishment under this section, the department shall give notice to the owner or operator of the food establishment that the authorization required for operating the food establishment has not been obtained or has lapsed. The department shall send the notice to the owner or operator by certified mail addressed to the last-known address of the person on file with the department or, if none, to the address of the food establishment. The date of mailing must be at least 30 days prior to any order issued by the department under this section for closure of the food establishment.
(5) Food establishments for which the department may issue an order for closure under this section include, but are not limited to, establishments for which department authorization is required under ORS 603.025, 616.706, 619.031, 621.161, 621.335, 622.080, 625.020, 625.080, 625.180, 628.220, 632.715, 632.730 or 635.027. [2019 c.387 ยง2]
Note: 616.713 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.
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.