The Oregon Health Authority (OHA), Public Health Division, Foodborne Illness Prevention Program, is reviewing updates to the state’s food safety regulations, considering adoption of portions of the 2022 FDA Food Code to replace the current 2009 version. 

ORLA is actively engaged as the Rulemaking Advisory Committee discusses key issues like allergen requirements, Certified Food Protection Manager rules, and no bare-hand contact standards. We will provide updates to members as the process continues.

Recent Rule Advisory Committee Meeting Summary

The Rule Advisory Committee (RAC) met to review proposed updates and clarifications to Oregon’s Food Sanitation Rules, aligning with the 2022 FDA Food Code and addressing stakeholder feedback.

Key Discussion Points and Outcomes:

• Personal Chef -- Members refined the definition to clarify that all activities occur in a client’s home and supported adopting a more specific version modeled after Wisconsin’s definition. The group emphasized allowing flexibility for future scenarios and recommended that OHA review the rule one year after implementation.
• Consumer -- Definition updated to clarify that third-party delivery services are not consumers. The committee agreed with adding “food delivery service” to the definition.
• Potentially Hazardous Food (PHF) / Time and Temperature Control for Safety (TCS) -- Terminology updated to match the 2022 FDA Food Code for consistency across states.
• Wild Mushrooms -- The word “fresh” was removed from “wild fresh mushrooms” to reduce confusion. The committee supported the change.

Chapter 2 Updates:

Employee Health (2-201.12)

• OHA will retain Oregon’s streamlined version with minor updates:
  • Exclude employees with Norovirus symptoms (vomiting/diarrhea within 48 hours).
  • Add Salmonella (non-typhoidal) as a disease of concern.
• Members requested clarification around the terms “presumptive” and “history of exposure.”

Clean-Up of Vomiting and Diarrheal Events (2-501.11)

• A new requirement for licensed facilities to maintain cleanup protocols to prevent Norovirus spread. Applies to indoor areas but can guide outdoor cleaning as well. OHA will create a fact sheet with approved cleaning chemicals. The committee supported adopting the rule as written in the FDA Code.

Chapter 3 Updates:

• Compliance with Food Law (3-201.11): Oregon’s allowance for ODA-licensed home kitchens remains unique.
• Charitable Donations (3-201.11(H)(1)): OHA coordinating with ODA to update donation guidance, including game animals.
• Game Animals (3-201.17): Minor terminology updates to align with USDA and ODA inspection programs.
• In-Use Utensils (3-304.12): Oregon will retain rule allowing utensil storage in water ≤41°F; committee recommends proposing similar language for future FDA updates.
• Manufacturer Cooking Instructions (3-401.15): New rule requires facilities to follow manufacturer cooking instructions to control Listeria and Salmonella risks.
• Thawing (3-501.13(E)): Facilities must remove reduced oxygen packaged fish from packaging before thawing to prevent botulism.

Chapter 5 Updates:

• Handwashing Water Temperature (5-202.12(A)): Minimum temperature lowered from 100°F to 85°F to align with the International Plumbing Code and FDA Code.
• Handwashing Facilities (5-203.11): No changes made; current rules already allow flexibility for emergency situations.

Next Steps

OHA will refine definitions, finalize clarifications based on committee input, and prepare supporting guidance materials for operators as part of rule adoption.