Or. Admin. R. 333-162-0020 - Mobile Food Units, General Requirements

Current through Register Vol. 61, No. 4, April 1, 2022

(1) Mobile food units shall comply with the applicable requirements in OAR 333-150-0000 and these rules. The Authority may impose additional requirements to protect against health hazards related to the conduct of the mobile food unit operation and may prohibit the sale of potentially hazardous food.
(2) There are four types of mobile food units:
(a) Class I. These mobile food units can serve only intact, packaged foods and non-potentially hazardous beverages. No preparation or assembly of foods or beverages may take place on the unit. Non-potentially hazardous beverages must be provided from covered urns or dispenser heads only. No dispensed ice is allowed;
(b) Class II. These mobile food units may serve foods allowed under Class I and provide hot and cold holding display areas from which unpackaged foods are displayed. Self-service by customers of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not allowed on the unit;
(c) Class III. These mobile food units may serve any food item allowed under Class I and II mobile food units, and may cook, prepare and assemble food items on the unit. However, cooking of raw animal foods on the unit is not allowed;
(d) Class IV. These mobile food units may serve a full menu.
(3) Mobile food units must be maintained and operated as originally designed and approved during the plan review process. Units licensed prior to February 1, 2020 must meet this requirement by January 1, 2023.Pf
(4)
(a) Mobile food units must be designed and constructed to move as a single piece. Mobile food units may not consist of multiple components that are assembled at the operating location. This requirement applies to mobile food units designed, constructed or extensively remodeled after February 1, 2020.Pf
(b) Notwithstanding subsection (4)(a) of this rule, a mobile food unit that must be assembled at the operating location because the unit will be in a building or structure that prevents the unit from being moved in one piece may be allowed if the assembly is part of the initial licensing process. Examples of this include a unit located in the upper floors of a high-rise building that cannot be transported through the front entrance or in an elevator.
(5) Notwithstanding OAR 333-150-0000 Section 5-305.11 (D) and subsections (a) and (b) of this section, all operations and equipment shall be an integral part of the mobile food unit. A mobile food unit may use folding shelves or small tables that are integral to the unit for display of non-potentially hazardous condiments and customer single use articles. The shelves or small tables must be designed and installed so that they do not impede the mobility of the unit when retracted.Pf
(a) A Class IV mobile food unit may use one cooking unit that is not integral to the mobile food unit. The cooking unit, may only be used under the following conditions:Pf
(A) The cooking unit must be limited to the use of a barbecue, smoker, hearth oven or similar cooking device that can be transported in conjunction with the mobile food unit. The use of equipment such as flat-top grills or griddles, woks, steamtables, stovetops, ovens or other cooking, storage or holding devices is not allowed.Pf
(B) It must be located adjacent to the mobile food unit;Pf
(C) The cooking unit may only be used for cooking and not for processing, portioning, preparation, or assembly of food;Pf and
(D) A handwashing system shall be provided adjacent to the cooking unit as specified in OAR 333-150-0000 section 5-203.11(C).Pf
(b) Mobile food units may display packaged, non-potentially hazardous food items, such as cans of soda or bags of chips, off the unit if they are limited to what could be sold during a typical meal period.
(6) Mobile food unit operators may provide seating for customers if a readily accessible restroom and sufficient refuse containers with lids or covers are provided. The restroom must have a handwashing facility that provides hot and cold running water and meets the requirements of OAR 333-150-0000 sections 6-301.11, 6-301.12, 6-301.20 and 6-302.11.
(7) Auxiliary storage may be provided if it is limited to impervious, nonabsorbent and covered containers that are stored and located in a manner to preclude contamination or infestation. Overhead protection may be required if necessary to protect auxiliary storage from contamination.Pf
(a) Auxiliary storage must be limited to items necessary for that day's operation and must be moved from outside the unit and stored inside the unit or at a licensed warehouse or commissary during hours the unit is not in operation.Pf
(b) No self-service, assembly or preparation activities may occur from auxiliary storage containers. Auxiliary storage may not be used as a substitute for hot and cold holding facilities on the mobile food unit.Pf
(c) Refrigerators or freezers used for auxiliary storage may not be placed outside of the unit and must be located inside a licensed commissary or warehouse. An ice merchandiser that is used to store packaged ice from a commercial source may be allowed if the ice merchandiser is licensed as a warehouse and secured when the unit is not in operation.Pf
(d) Units licensed prior to February 1, 2020 must meet the requirements of section (7) by January 1, 2023.Pf

Notes

Or. Admin. R. 333-162-0020
HD 7-1994, f. & cert. ef. 2-24-94; HD 10-1997, f. & cert. ef. 7-8-97; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12; PH 11-2020, amend filed 01/30/2020, effective 2/1/2020

Statutory/Other Authority: ORS 624.355

Statutes/Other Implemented: ORS 624.355

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