OAR 333-158-0000: Licensing and Inspections

The licensing of combination facilities shall be the responsibility of either the Authority or the Oregon Department of Agriculture in accordance with the following criteria: (1) The establishments subject to these rules are those combination facilities as defined in OAR 333-150-0000 1-201.10(B). (2) A determination shall be made for each firm covered in OAR 333-150-0000 1-201.10(B) as to which agency shall inspect and license. The determination shall be based upon which agency has statutory responsibility and authority for the predominant activities of the firm. (3) In those instances where it is determined that either a full or limited service restaurant or other activity for which the Authority has authority, is predominant, the Authority shall perform the inspectional and licensing responsibilities to the exclusion of the Oregon Department of Agriculture. (4) In those instances where it is determined that the bakery, retail grocery, food processing or other activities for which the Oregon Department of Agriculture has authority, is predominant, the Oregon Department of Agriculture shall perform the inspectional and licensing responsibilities to the exclusion of the Authority. (5) The determination of the predominant activity at any combination facility subject to this agreement shall be made first by the field environmental health specialists. If agreement is not reached, then it shall be referred to program supervisors of the Local Public Health Authority and the Oregon Department of Agriculture for a determination of predominant activity. If an agreement is not reached among the Local Public Health Authority and the Oregon Department of Agriculture, or if a licensed facility disagrees with the determination, the matter may be appealed to an arbitration panel composed of the administrator of the Food and Dairy Division (or appointee), the administrator of the Center for Health Protection (or appointee), and one representative each from the Conference of Local Health Officials, an association representing the restaurant industry and an association representing the retail grocery industry. The decision of this panel shall be final except as provided in section (6) of this rule. (6) Any licensee wishing to contest the determination of predominance by agencies may produce records of gross annual sales to support the protest and be heard by the Local Public Health Authority in accordance with ORS Chapter 183. (7) Notwithstanding sections (2) through (6) of this rule, if the Local Public Health Authority and the Oregon Department of Agriculture agree that the complexity rather than the predominance of food processing activities should determine the regulating agency, inspectional and licensing responsibilities may be transferred to the Oregon Department of Agriculture to the exclusion of the Local Public Health Authority.