Or. Admin. Code § 333-157-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-157-0030 - Closure of Restaurants

(1) If the administrator closes a restaurant, a statement by the Authority ordering closure and specifying the reasons therefore, and signed by the administrator, shall be attached to the inspection form and delivered to the operator or person in charge:

(a) When a restaurant is closed, the administrator shall post the notice of closure at a customary entrance;

(b) No person except the administrator shall remove or alter this notice;

(c) No person shall operate a restaurant that has been closed.

(2) If a violation which creates an imminent or present danger to public health is not corrected immediately or an approved alternative procedure is not initiated immediately by the operator, the restaurant shall be closed.

(3) If a violation which creates a potential danger to public health has not been corrected within the designated time limit, the restaurant shall be closed.

(4) When a restaurant has been closed because a priority item or priority foundation item violation(s) has not been corrected, it may be reopened after 24 hours if:

(a) A recheck inspection by the administrator confirms that all priority item and priority foundation item violations have been corrected; and

(b) A closure dismissal order designated by the Authority is delivered to the operator or person in charge; and

(c) The closed sign previously posted is removed by the administrator;

(d) A restaurant may be reopened earlier than 24 hours following a voluntary meeting attended by the restaurant operator or person in charge, the administrator, and the inspecting environmental health specialist, at which the provisions of subsections (4)(a) through (c) of this rule are demonstrated to be met;

(e) A restaurant closed and reopened as described in this subsection shall be assigned a notice of restaurant sanitation based on the sanitation score of the unannounced complete inspection that identified the priority item and priority foundation item violations causing the closure.

(5) If a restaurant has obtained a sanitation score of less than 70 on two consecutive complete inspections conducted within 30 days as described in OAR 333-157-0000(5), it shall be closed.

(6) When a restaurant has been closed for failure to obtain a minimum acceptable sanitation score of 70 or more, it may be reopened after 24 hours if:

(a) The operator submits a written plan of correction, specifying the corrections to be made and time limits for their completion, which would achieve a sanitation score of 80 points by the next semi-annual inspection; and

(b) The plan of correction is approved by the administrator; and

(c) A complete inspection after the restaurant has been closed produces a sanitation score of 70 or more.

(d) A closure dismissal order designated by the Authority is delivered to the operator or person in charge; and

(e) The closed sign previously posted is removed by the administrator;

(f) A restaurant may be reopened earlier than 24 hours following a voluntary meeting attended by the restaurant operator or person in charge, the administrator, and the inspecting environmental health specialist, at which the provision of subsections (6)(a) through (e) of this rule are demonstrated to be met;

(g) A restaurant closed and reopened as described in this subsection shall be assigned a notice of restaurant sanitation based on the sanitation score of the complete inspection performed while the restaurant was closed.

(7) Appeals of closures are contested cases pursuant to ORS chapter 183.

(8) Operators whose facilities have been closed for failure to obtain a minimum acceptable sanitation score of 70 or more, or for failure to correct repeat priority item or priority foundation item violations must agree in writing, as part of reopening the restaurant, to:

(a) Enroll in and successfully complete an approved food manager training course; or

(b) In the event that an extraordinary situation exists whereby an approved food manager training course is not available to the operator, the administrator shall make provision for an alternative type of food manager training using criteria approved by the Authority.

Or. Admin. Code § 333-157-0030

HD 20-1986, f. 12-22-86, ef. 2-2-87; HD 19-1994, f. & cert. ef. 7-1-94; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

Stat. Auth.: ORS 624.100

Stats. Implemented: ORS 624.100 - 624.130