Or. Admin. Code § 291-061-0096

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-061-0096 - Wholesomeness of Food and Drink

(1) All food and drink shall be clean, wholesome, free from spoilage, pathogenic organisms, toxic chemicals, and other harmful substances or articles and so prepared, stored, handled, and displayed as to be safe for human consumption. Except as otherwise stated in section (3), all food and beverage products shall be obtained from commercial sources licensed and inspected by the State Health Division, State Department of Agriculture, U.S. Department of Agriculture or U.S. Food and Drug Administration and operating in compliance with requirements of the agency having jurisdiction. Meat product shall be obtained only from plants licensed and inspected under commercial standards by the U.S. Department of Agriculture or the Oregon Department of Agriculture. Except as provided in sections (2) and (3) below, food products obtained from noncommercial sources or other sources not licensed or regularly inspected by the State Department of Agriculture or the State Health Division shall not be received, stored, prepared, or used in institutional food service.

(2) Fresh fruit and vegetables may be purchased directly from growers who are recognized, commercial growers, and such products must meet at least the same standards and tests required if sold to a commercial vendor.

(3) Institution-grown fruit and vegetables may be accepted for use in Department of Corrections facilities provided:

(a) The Food Service Manager finds them to be safe and wholesome;

(b) The growing, harvesting and handling is under the direction, supervision and management of the facility; and

(c) All fertilizers, pesticides, soil additives, treatment substances or other chemicals are applied in accordance with the product label, and residues of such products do not exceed standards of the U. S. Department of Agriculture, Federal Drug Administration and Oregon Department of Agriculture.

(4) All milk, fluid milk products, ice cream, and other frozen desserts served shall be from sources licensed and regularly inspected by the State Department of Agriculture or commercial out-of-state sources subject to the control of U.S. Food and Drug Administration. Milk products shall be pasteurized in facilities inspected and regulated by the State Department of Agriculture or by the FDA requirements for interstate commerce.

(5) Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a refrigerated bulk container, except where group feeding is practiced and in which a large number of servings of milk are poured at one time and served immediately. In this case, commercial containers larger than 1/2 pint may be used if they are opened immediately before pouring and any unused portions left in the large containers are returned immediately to refrigeration and are used only for cooking. Cream, however, may be dispensed from the original refrigerated container or dispensed from small covered pitchers which are refrigerated or held in ice.

(6) Dehydrated milk and milk products may be used under the following circumstances:

(a) Such products shall be obtained from sources licensed by the Department of Agriculture;

(b) All dehydrated milk products and ingredients shall be made only from pasteurized milk;

(c) Such products shall be stored dry and handled in a manner which precludes contamination;

(d) All reconstituted milk products or rehydrated products containing dried milk products, whether they are instant mixes or cooked after reconstitution, must be rapidly cooled to at least 41 degrees Fahrenheit.

(e) Reconstituted milk must be held at 41 degrees Fahrenheit or colder or at 140 degrees Fahrenheit or warmer at all times until served.

(f) Under no circumstances may any uncooked food or beverage such as "instant" beverages, puddings or fillings or any non-acidified product containing rehydrated milk products which has been held for longer than four hours be served.

(7) All oysters, clams, and mussels shall be from sources licensed and inspected by the State Health Division, State Department of Agriculture, U.S. Food and Drug Administration or U.S. Department of Agriculture. If shucked, they shall be kept until used in the containers in which they were placed at the shucking plant. Shellfish sanitation certificate numbers and dates shall not be defaced, obscured, or removed from the container.

(8) Food additives in form or quantity prohibited by OAR 333-151-010 shall not be added to, mixed with, or packed in any food served.

(9) Home-canned foods or other foods produced, prepared, or packed in noncompliance with Oregon State Department of Agriculture or applicable federal regulations shall not be used or stored on the premises. Nonhazardous on-site processing of food may be evaluated and authorized in writing by the Health Division.

Or. Admin. Code § 291-061-0096

CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86; CD 6-1987, f. & ef. 1-20-87; CD 2-1993, f. 1-25-93, cert. ef. 2-1-93; Renumbered from 291-061-0090; DOC 9-2004, f. & cert. ef. 9-28-04

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075