Or. Admin. Code § 603-025-0010 - Definitions
In addition to the definitions set forth in ORS Chapter 616, the following shall apply in this Division 25:
(1) "Bulk Food" means unpackaged or
unwrapped, processed or unprocessed food in aggregate containers from which
quantities desired by the end user are withdrawn, but does not include fresh
fruits, fresh vegetables, nuts in the shell, salad bar ingredients, or
time/temperature controlled for safety foods.
(2) "Commercial food(s)" means food or food
ingredient that has been processed by a licensed food establishment.
(3) "Corrosion-Resistant Materials" means
those materials that maintain acceptable sanitary surface characteristics under
prolonged contact with food, normal use of cleaning compounds, sanitizing
solutions, and other normal conditions of usage.
(4) "Distressed Merchandise" means food which
has had the label lost or destroyed, or which has been subjected to damage or
possible damage due to accident, fire, flood, adverse weather, or to any other
similar cause, and which may have been thereby rendered unsafe or unsuitable
for human or animal consumption or use.
(5) "Domestic Kitchen" means the location in
the operator's residential dwelling where residential food preparation is
conducted.
(6) "Easily Cleanable"
means readily accessible and of such material, fabrication and finish that
residues may be effectively removed by normal cleaning methods.
(7) "Employee" means any person working in a
food establishment.
(8) "End user"
means a person, who is a member of the public, who takes possession of food,
and is not functioning in the capacity of an operator of a food establishment
and does not offer the food for resale.
(9) "Equipment" means all display cases,
storage cases, tables, counters, shelving, refrigerators, sinks, food
processing preparation and packaging equipment, and any other items used in the
operation of a food establishment.
(10) "Farm mix-type facility" means an
establishment that is a farm and that engages in both activities that are
exempt from registration under section 415 of the Federal Food, Drug, and
Cosmetic Act and activities that require the establishment to be
registered.
(11) "Food Source"
means food shall be in a sound condition and safe for human consumption and
shall be produced in compliance with applicable laws relating to food
safety.
(12) "Food-Contact
Surfaces" means those surfaces of equipment and utensils with which food
normally comes into contact, and those surfaces from which food may drain,
drip, or splash back onto surfaces normally in contact with food.
(13) "Food Processing" or "processing" means
the cooking, baking, heating, drying, mixing, grinding, churning, separating,
extracting, cutting, freezing, or otherwise manufacturing a food or changing
the physical characteristics of a food, and the packaging, canning or otherwise
enclosing of such food in a container, but does not mean the sorting, cleaning,
or water-rinsing of a food.
(14)
"Food Retailing" or "Operating a Retail Food Store" means the preparing,
packaging, storing, handling or displaying of food for sale at retail to the
end user, and may include produce trimming, processed meat slicing, cheese
slicing, preparing gutted and filleted fish, and providing retail customer
services to change the form of food such as juice squeezing or peanut grinding
(if more than one of these customer services is made available, the activities
shall then be considered food processing rather than food retailing).
(15) "Food Service Establishment" means any
place where food is prepared and intended for individual portion service, and
includes the site at which individual portions are provided, whether
consumption is on or off the premises and whether or not there is a charge for
the food, and includes a delicatessen that offer prepared foods in individual
service portions, but does not include a private home where food is prepared or
served for individual family consumption, a retail food store, a food vending
machine location or a supply vehicle.
(16) "Food Storage Warehouse" means any
building or place where food is stored as a commercial venture or business, or
stored in connection with or as a part of a commercial venture or business, but
does not include a home, restaurant, rooming house, hotel or similar place
where food is stored to be used or consumed by the owner or served to
employees, customers, or guests, nor an establishment licensed by the
Department under other laws.
(17)
"Hazardous Substance" means a substance or mixture of substances which is
toxic, corrosive, an irritant, flammable, which generates pressure through
heat, decomposition or other means, which has been designated by the U.S. Food
and Drug Administration as a strong sensitizer or a radioactive material, or
which may cause substantial personal injury or substantial illness during or as
a proximate result of any reasonable foreseeable handling or use, including
reasonably foreseeable ingestion by children.
(18) "Hermetically Sealed Container" means a
container which is designed and intended to be secure against the entry of
microorganisms and to maintain the commercial sterility of its contents after
processing.
(19) "Kitchenware"
means all multi-use utensils other than tableware.
(20) "Non-Salvageable Merchandise" means
distressed merchandise which cannot be safely or practically
reconditioned.
(21) "Operator"
means any person having the direct and primary responsibility for the
construction, maintenance, and operation of a food establishment.
(22) "Packaged" means bottled, canned,
cartoned, bagged, or otherwise completely wrapped.
(23) "Pet" means a "domestic animal" as
defined in ORS 167.310 which is not a service
animal.
(24) "Physical Facilities"
means the structure and interior surfaces of a food establishment including
accessories such as soap and towel dispensers and attachments such as light
fixtures and heating or air conditioning system vents.
(25) "Plant" means the building or buildings
or parts thereof, used for or in connection with the manufacturing, packaging,
storing, labeling, or holding of food for humans, dogs, or cats.
(26) "Potentially hazardous food" or
"time/temperature controlled for safety food" means any food that consists
whole or in part of milk or milk products, eggs, meat, poultry, fish,
shellfish, edible crustacea, or other ingredients, including synthetic
ingredients, in a form capable of supporting rapid and progressive growth of
infectious or toxigenic microorganisms, but does not include food which has a
pH level of 4.60 or below or a water activity (Aw) value of 0.850 or
less.
(27) "Product Module" means a
food-contact container (multi-use or single-service) designed for customer
self-service of bulk food by either direct or indirect means.
(28) "Reconditioning" means any appropriate
process or procedure by which distressed merchandise can be brought into
compliance with all federal or state requirements so as to make it suitable for
consumption or for use as human or animal feed.
(29) "Residential dwelling" means a home or
area within a rental unit, in which an operator makes their primary
residence.
(30) "Retail Fruit and
Vegetable Stand" means any place where fresh fruits or vegetables are offered
for sale at retail to the end user.
(31) "Safe Materials" means articles
manufactured from or composed of materials that may not reasonably be expected
to result, directly or indirectly, in their becoming a component or otherwise
affecting the characteristics of any food, if they are food additives or color
additives (as defined in Section 201(s) or (t) of the Federal Food, Drug, and
Cosmetic Act), are used in conformity with the federal regulations adopted
under Section 409 or 706 of the Federal Food, Drug, and Cosmetic Act, and if
they are not food additives or color additives, are used in conformity with
other applicable regulations of the U.S. Food and Drug
Administration.
(32) "Safe
Temperatures" as applied to time/temperature controlled for safety food, means
temperatures of 41°F or below and 135°F or above.
(33) "Salvage Dealer" or "Salvage
Distributor" means any person who is engaged in selling or distributing
salvaged merchandise.
(34) "Salvage
Processing Facility" means an establishment engaged in the business of
reconditioning distressed merchandise.
(35) "Salvage Processor" means any person who
operates a salvage processing facility.
(36) "Salvaged Merchandise" means
reconditioned distressed merchandise, and "salvageable merchandise" means
distressed merchandise capable of being reconditioned.
(37) "Sanitize" or "Sanitization" means
effective bactericidal treatment of physically clean surfaces of equipment and
utensils by a process which has been approved by the Department as being
effective in reducing microorganisms, including pathogens, to a safe
level.
(38) "Sealed" means free of
cracks or other openings that permit the entry or passage of
moisture.
(39) "Service animal"
means an animal such as a guide dog, signal dog, or other animal trained to
provide assistance to an individual with a disability.
(40) "Servicing Area" means a designated
location equipped for cleaning, sanitizing, drying, refilling product modules,
or preparing bulk food.
(41)
"Single-Service Articles" means items used by the retailer or end user such as
cups, containers, lids, packaging materials, bags, and similar articles,
intended for contact with food and designed for one-time use, but does not
include single use articles, such as No. 10 cans, aluminum pie pans, bread
wrappers and similar articles, into which food has been packaged by the
manufacturer.
(42) "Tableware"
means multi-use eating and drinking utensils.
(43) "Transportation" means the movement of
food, the delivery of food from one location to another location while under
the control of an operator.
(44)
"Utensil" means any food-contact implement used in the storage, preparation,
transportation, or dispensing of food.
(45) "Vehicle" means any truck, trailer, car,
bus, railcar, aircraft, boat, ship, or barge by which food is transported from
one location to another.
(46)
"Warewashing" means the cleaning and sanitizing of food-contact surfaces of
equipment and utensils.
(47)
"Wholesome" means food found in sound condition, clean, free from adulteration
and otherwise suitable for human consumption.
Notes
Statutory/Other Authority: ORS 561, ORS 616 & 619
Statutes/Other Implemented: ORS 616.230
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