Or. Admin. Code § 585-015-0005

Current through Register Vol. 64, No. 1, January 1, 2025

Section 585-015-0005 - Definitions

(1) ACTIVE PARTICIPATION means an ongoing process of information sharing, discussions and good faith negotiations between the Business Enterprise Consumer Committee and the Commission to achieve joint planning, developing and understanding of the Commission's major administrative, policy and program development decisions that impact the Commission's Business Enterprise Program, prior to their implementation;

(2) BLIND PERSON means a person who qualifies as a blind person under 34 CFR 395.1(c);

(3) BUSINESS ENTERPRISE PROGRAM means the Program administered by the Commission that is responsible for providing self-employment opportunities to persons who are legally blind pursuant to the Randolph-Sheppard Act;

(4) BUILDING MANAGER means the head of the department or agency in charge of maintenance of federal or public buildings or properties. The person designated by the federal or public agency in control of the property to deal with the Commission concerning vending facilities shall be deemed to be the "head of the department or agency in charge of maintenance";

(5) BUSINESS ENTERPRISE CONSUMER COMMITTEE means the group of elected vending facility managers who serve as representatives of all vending facility managers and licensees in the Business Enterprise Program, as described in 34 CFR § 395.14;

(6) CAFETERIA, located on Federal property, is as defined in CFR 395.1(d).

(7) CAFETERIA, located on State property or in other public buildings, means a food-dispensing facility:

(a) That can provide a variety of prepared foods and beverages;

(b) Where a patron may move through a self-service line;

(c) That may employ some servers to wait on patrons; and

(d) That provides seating suitable for patrons to consume meals;

(8) COMMISSION means the Oregon Commission for the Blind which is the agency of the state of Oregon which provides rehabilitation services for legally blind persons within the state. It is also the licensing agency assigned to administer the Act;

(9) DIRECTOR means the Director of the Business Enterprise Program;

(10) DIRECT COMPETITION VENDING has the meaning provided in 34 § CFR 395.1(f);

(11) FACILITY means the building or property where vending or food service operations are located or established;

(12) FEDERAL PROPERTY is as defined in 34 § CFR 395.1(g);

(13) HEALTHY ITEMS (OTHER) means products that meet the guidelines as specified in the USDA Health and Sustainability Guidelines for Federal Concessions and Vending Operations;

(14) HEALTHY VENDING ITEM means products that meet the Fit Pick guidelines of the National Automated Merchandising Association as written in 2017;

(15) LICENSE has the meaning provided in 34 CFR 395.1(i);

(16) LICENSEE has the meaning provided in 34 CFR 395.1(b);

(17) LOCAL VENDING ITEM means an agricultural product that is transported less than 400 miles from its origin or is distributed within the same state it was produced. Based on the definition provided in the Food, Conservation and Energy Act of 2008: Conference Report to Accompany H.R. 2419.

(18) NET PROCEEDS is as defined in CFR 395.1(k);

(19) OPERATING AGREEMENT means the agreement between the vending facility manager and the Commission stating specific terms of operation for a vending facility;

(20) PERMIT has the meaning provided in 34 CFR 395.1(o);

(21) POLITICAL SUBDIVISION means a local government as defined in ORS 174.116, a municipality, town or village of this state;

(22) PUBLIC BUILDING OR PROPERTY has the meaning provided in HB 3253 (2017);

"Public building" or "property" means a building, land or other real property, or a portion of a building, land or other real property, that is owned, leased, managed or occupied by a department or an agency of the State of Oregon or by a political subdivision, except for a public elementary school, a secondary school, a public university listed in ORS 352.002 or a public corporation created pursuant to ORS 353.020;

(23) SET-ASIDE FUNDS has the meaning provided in 34 CFR 395.1(s);

(24) TEAMING PARTNER means a private company that has entered into an agreement with the Commission to provide support to a vending facility manager in the day to day conduct of the vending facility operation;

(25) TEMPORARY MANAGER means a vending facility manager temporarily assigned to operate a vending facility, until a permanent vending facility manager is assigned to operate the vending facility;

(26) TRAINEE means a blind person who has completed the required vocational rehabilitation assessments and training, and who has applied to and been accepted by the Director, to receive training that may lead to licensure in the Business Enterprise program;

(27) VENDING FACILITY, located on Federal property, is as defined in 34 CFR 395.1(x);

(28) VENDING FACILITY, located on State property or in other public buildings, means:

(a) Shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment that are necessary or customarily used for the vending of articles, including an established mix of healthy vending items approved by the Commission for the Blind and the agency department or political subdivision charged with maintaining the public building or property where the vending facility is located;

(b) Manual or coin-operated vending machines or similar devices for vending articles, including machines or devices that accept electronic payment; or Cafeterias or snack bars for the dispensing of food stuffs and beverages;

(29) VENDING FACILITY PERMIT, for facilities .1(o)efined in CFR located on Federal property, is as defined in 34 CFR 395.1(o);

(30) VENDING FACILITY AGREEMENT, for facilities located on State property or in other public buildings, means an agreement between the appropriate officials with a public property or federal property and the Commission that defines the terms and conditions for the establishment and operation of a vending facility;

(31) VENDING FACILITY MANAGER means a person who is:

(a) Blind;

(b) Responsible for the day-to-day conduct of the vending facility operation; and

(c) Licensed under ORS 346.510 to 346.570;

(32) VENDING MACHINE is as defined in 34 CFR 395.1(y);

(33) VENDING MACHINE INCOME is as defined in 34 CFR 395.1(z);

(34) VENDING ROUTE is compilation of vending machines combined to establish a vending facility.

Or. Admin. Code § 585-015-0005

CFTB 4-2017, adopt filed 12/21/2017, effective12/21/2017; CFTB 2-2017, temporary adopt filed 11/03/2017, effective 11/03/2017 through 05/01/2018

Statutory/Other Authority: 183.341 & HB 3253 (2017)

Statutes/Other Implemented: 346.510-346.570