Or. Admin. R. 603-025-0320 - License and Inspection Exemption

(1) ORS 616.695 to 616.755 do not apply to a food establishment if:
(a) The food establishment is located in a residential dwelling;
(b) The food establishment sells food only to the end user of the product;
(c) The foods prepared at the food establishment for public distribution are not potentially hazardous and do not contain marijuana or marijuana items;
(d) The foods prepared at the food establishment for public distribution are sold only to the end user of the product, and are:
(A) Baked goods; or
(B) Confectionary items;
(e) The food establishment complies with the provisions of OAR 603-025-0020 and 603-025-0150;
(f) The annual gross sales of foods prepared at the food establishment do not exceed $20,000; and
(g) Each person involved in the preparation of food at the food establishment for public distribution has successfully completed a food handler training program and holds a certificate issued pursuant to ORS 624.570 and OAR chapter 333 division 175.
(2) A person may not sell foods prepared in an exempt residential kitchen:
(a) On the Internet; or
(b) To a commercial entity or institution, including, but not limited to a:
(A) Restaurant;
(B) Grocery store;
(C) Caterer;
(D) School;
(E) Day care center;
(F) Hospital;
(G) Nursing home; or
(H) Correctional facility.
(3) Records:
(a) A person operating an exempt residential kitchen must maintain accurate records of annual sales and the types of food produced by the food establishment;
(b) A person must maintain all records for at least three years; and
(c) A person must make all records available for inspection by the Department upon request.
(4) The Department may require that a baked good or confectionary item be assessed by the Department to ensure that it is not potentially hazardous.
(5) Any area or room of a residential dwelling may be used for food preparation, packaging, storage, or handling of permitted food products if it is constructed and maintained in a clean, healthful, and sanitary condition.

Notes

Or. Admin. R. 603-025-0320
DOA 12-2016, f. & cert. ef. 5/19/2016

Stat. Auth.: ORS 561

Stats. Implemented: ORS 561

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