OAR 603-025-0315: Definitions for Cottage Food Exempt Activities

In addition to the definitions set forth in ORS 616.695, ORS 616.723, and OAR 603-025-0010, the following shall apply to OAR 603-025-0311 to 603-025-0330: (1) “Annual gross sales” means the annual retail sale value of food sold by the person or persons operating a Cottage Food establishment. (2) “Baked goods” means bakery products, as defined in ORS 625.010(2), that are not time/temperature controlled for safety foods. (3) “Confectionary items” mean candy or sweets, that are not time/temperature controlled for safety foods. (4) “Cottage Food” means food prepared at a cottage food establishment for public distribution. (5) “Cottage Food Establishment” means a food establishment that meets the requirements under OAR 603-025-0320(1). (6) “Event” means a singular location where in-person sales occur. (7) “Food handler training program” means a food handler training program offered by the Oregon Health Authority or designated agent of the Oregon Health Authority, or offered by a local public health authority or designated agent of the local public health authority that has been approved by the Oregon Health Authority. (8) “Freeze dried food” means food that has gone through a process of having water removed by being frozen and placed under a vacuum, allowing the ice to change directly from solid to vapor without passing through a liquid phase. (9) “Marijuana”, “Marijuana item”, “Cannabinoid product”, “Cannabinoid concentrate”, and “Cannabinoid extract” have the meaning given those terms in ORS 475C.009. (10) “Package” means to place food into a container that directly contacts the food and that the end user receives. (11) “Potentially hazardous food” or “time/temperature controlled for safety food” means food requiring temperature control due to the capacity to support the rapid and progressive growth of infectious microorganisms or the growth of toxic microorganisms. These foods include, but are not limited to: (a) Food containing fresh, frozen, or dried meat (including jerky); (b) Food made with fish or shellfish products; (c) Food that requires any type of refrigeration after production; (d) Focaccia-style breads made with vegetables or cheese; and (e) Candied fresh fruit products including caramel and candy apples. (f) Foods; (A) That have been heat-treated to destroy vegetative cells and subsequently packaged with a pH level greater than 4.60; or (B) With a water activity (Aw) greater than 0.850. (12) “Repackage” means transfer of a food from one container to another without any processing to alter the food’s state or characteristics.