Oregon Statutes - Chapter 616 - General and Miscellaneous Provisions - Section 616.726 - City regulation of food and food establishments authorized; department to examine city regulation for adequacy.

(1) The provisions of ORS 616.695 to 616.755 do not prohibit any city from enacting and enforcing any ordinance establishing a system, program, inspection services and licensing thereunder, within the corporate limits or boundaries thereof, which carries out the purposes and intent of ORS 616.695 to 616.755, if the same is at least equal to the provisions of ORS 616.695 to 616.755 and regulations promulgated thereunder. A copy of each such ordinance, including any amendment thereof, shall be forwarded by the city to the State Department of Agriculture.

(2) Not less than once each two years the department shall investigate the ordinance and determine if it meets the requirements and standards of subsection (1) of this section and if such system, program and inspections thereunder are being properly carried out and enforced. If the department finds such program, system and inspections do not meet these requirements and standards, it shall give written notice of such finding to the chief administrative officer of the city.

(3) If the department thereafter finds, not less than 30 days after the date of giving notice, that such system, program and inspections continue to fail to be enforced properly or are not carrying out the intent and purposes of ORS 616.695 to 616.755, the department shall make a finding to that effect and thereupon the provisions of ORS 616.695 to 616.755 shall become applicable to all persons and food establishments within the corporate limits of such city. [1965 c.501 §7; 1975 c.389 §7]

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Last modified: August 7, 2008