Or. Admin. R. 603-029-2125

Current through Register Vol. 63, No. 8, August 1, 2024

Section 603-029-2125 - Tagging Insanitary Equipment, Utensils, Rooms or Compartments

(1) When a Department employee finds that any equipment, utensil, room, compartment, building, or vehicle that is part of, or used by, a state-inspected establishment is kept in an unclean, unhealthy, or insanitary condition or that its use could cause the adulteration of product, the Department employee shall attach to it an "Oregon Rejected" tag. Equipment, utensils, rooms, compartments, buildings, or vehicles so tagged may not be used until made acceptable. Only a Department employee may remove an "Oregon Rejected" tag. The Department shall:

(a) Notify the owner or person in charge that such equipment, utensil, room, compartment, building, or vehicle shall not be used for its intended purpose until the violation is corrected; and

(b) Post a Notice of Condemnation or Notice of Quarantine upon such building, equipment, vehicle, or facility to the effect that it is condemned or quarantined for further use on account of the violation. The Notice of Condemnation or Notice of Quarantine shall:

(A) State the effective date of the action(s);

(B) Describe the reasons for the action(s);

(C) Identify the equipment, utensil, room, compartment, building, or vehicle that is tagged with an "Oregon Rejected" tag; and

(D) Comply with the requirements of ORS 183.415.

(2) When a Department employee finds that any equipment, utensil, room, compartment, building, or vehicle that is part of, or used by, a state-inspected establishment, is in violation of ORS 619.026 to 619.066 or any rule adopted thereunder, the Department employee may attach to it an "Oregon Rejected" tag. Equipment, utensils, rooms, compartments, buildings, or vehicles so tagged may not be used until made acceptable. Only a Department employee may remove an "Oregon Rejected" tag. The Department shall:

(a) Notify the owner or person in charge that such equipment, utensil, room, compartment, building, or vehicle shall not be used for its intended purpose until the violation is corrected; and

(b) Post a Notice of Condemnation or Notice of Quarantine upon such equipment, utensil, room, compartment, building, or vehicle to the effect that it is condemned or quarantined for further use on account of the violation. The Notice of Condemnation or Notice of Quarantine shall:

(A) State the effective date of the action(s);

(B) Describe the reasons for the action(s);

(C) Identify the equipment, utensil, room, compartment, building, or vehicle that is tagged with an "Oregon Rejected" tag; and

(D) Comply with the requirements of ORS 183.415.

Or. Admin. R. 603-029-2125

DOA 19-2022, adopt filed 07/27/2022, effective 7/28/2022

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046

Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026, ORS 619.036 & ORS 619.041