| Licensing and inspections |
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| Who will license your food business? |
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The Oregon Department of Agriculture (ODA) is the government agency that licenses and inspects all food establishments except restaurants and caterers. The Food Safety Division of ODA licenses retail grocery stores, bakeries, meat processors, egg handlers, food processors, food storage warehouses, licensed domestic kitchens, beverage processors, locker plants, dairy farms, dairy processors and shellfish and seafood handlers. In addition to being licensed by ODA, wholesale meat firms must also be under USDA inspection (503-399-5831). Restaurants and caterers are licensed and inspected by County Health Departments under the direction of the Oregon Department of Human Services (DHS). These licenses are required in addition to any business licenses or permits required by cities or other agencies.
A business that is both a restaurant and another type of food business, such as a grocery store with a hot food deli, is called a combination facility. A combination facility will be licensed and inspected by either the Oregon Department of Agriculture (ODA) or the local County Health Department, but not both. The part of the business which accounts for the largest portion of the food sales in dollar amount will determine which agency licenses the firm. A business that is mostly a grocery store, with some food service will be licensed by ODA Food Safety Division, and a restaurant that sells a small amount of packaged foods will be licensed by the County Health Department. If a new business is not sure which will be the largest source of sales, the business will have to decide based on their best estimate.
Additional information:
DHS website
USDA contact information
ODA food program information
ODA dairy program information
ODA seafood program information
ODA shellfish program information
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| Issuing a license |
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License renewal
A license is issued from the ODA Food Safety Division, Salem office when the license is a renewal. The information on the renewal form needs to be reviewed by the business owner and changes to the gross annual sales and license fees should be made as needed. The renewal form provides instructions on submitting fees. Once the renewal form and fees have been mailed to ODA, a new license will be issued to the firm.
Buying an existing food business
When a business that is currently licensed by the ODA Food Safety Division is sold to another firm, the new firm must contact our Salem office to obtain a license application, and copies of the laws and rules if needed. The laws and rules can also be accessed on this web site. Complete the application and send the application and the correct license fee to Oregon Department of Agriculture as described below. Shortly after the application and fees are returned to ODA, a license will be mailed to the business and must be posted in the business. If you are starting a new business or moving to a new location, you must obtain ODA approval before starting operations there. The Salem office will provide contact information for the ODA employee who will give the approval. If the existing food business was licensed by the local County Health Department, contact the Health Department for more information. Instruction for submitting license application and fees: - The applicant may mail the completed application with a check to Oregon Department of Agriculture, PO Box 4395, Unit 16, Portland OR 97208-4395.
- The applicant may mail or fax the completed application with credit card information and signature to Oregon Department of Agriculture, Attn:Licensing, 635 Capitol Street NE, Salem OR 97301-2532 or fax 503-986-4746. The inspector does not fill out a receipt for a credit card payment.
- The inspector may collect the application with a check. A receipt will be issued when taking a check. The food safety division does not collect cash or applications with credit card information.
- As described in Oregon Revised Statutes 616.705, "each license issued by the Food Safety Division of the Oregon Department of Agriculture expires on June 30 next following its date of issuance."
- All businesses must pay a full year´s license fee, regardless of the time of year they begin operation. However, when new license applications are submitted between May 15 and June 30, fees will be charged only for the following year, and the license becomes effective upon receipt of those fees.
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Starting a new food business
The first step in starting a new food business is to contact the Oregon Department of Agriculture, Food Safety Division to obtain the name and phone number of the local inspector whom you must contact before starting construction. Review the appropriate laws and rules for your business, and then call your inspector who will answer any additional questions. The inspector will ask you to submit plans for review. See plan review requirements - English or plan review requirements - Spanish. These plans will help them determine if your business will meet the requirements before you start spending money on construction and equipment purchases.
There is no charge for plan review or preliminary consultations. After plan review, proceed with getting your business ready to open. A week or two before you want to open, call your inspector again, and arrange for an approval inspection. When the inspector gives the approval, he or she will also give you a license application to fill out and return along with the appropriate license fee. Licenses issued to new applicants must originate with the inspector. The application is signed and dated by the inspector including filling in the establishment number. Make checks payable to the Oregon Department of Agriculture. The fee may be given to the inspector or the fee and application may be mailed to ODA - mailing instructions are described above under "Buying an existing food business". The inspector will give you the approval inspection report and receipt (if the fees were received by the inspector), which will serve as your license until an offical one is mailed to you.
A license application is presented only at the time approval is granted. The food safety division does not issue an application unless the establishment has been inspected and all aspects of the establishment are acceptable. For example, if a private well will be used, a license will not be issued until the system has been tested with acceptable results.
Sharing a common facility
The Department of Justice has advised ODA that the statutes do not allow the issuance of more than one license under any statute at a single location. It is possible, however, for one party to obtain a license for a facility and then lease, rent, or allow its use by another or multiple parties, as long as the following conditions are met:
- Products produced by other than the licensee must be labeled "Distributed by (the other party´s name)." Licensee takes full responsibility for the facility requirements.
- Any enforcement actions will be taken against the licensee regardless of who created the violative conditions.
- Licensee must keep the Department´s representatives fully informed of all products produced by all parties at the facility.
- Products produced at the facility must fit the category for which the license was issued. If necessary, multiple licenses (i.e. food processing, bakery) may need to be issued.
- In instances where the operator wants to work in a licensed restaurant, we will approve an ODA license if the facility meets the requirements for the proposed activity.
Multiple activities covered by one statute
The state of Oregon issues only one license under a given statute at any establishment location. For example, if a firm both processes foods for wholesale (type 59) and retails food (type 77) and warehouses (78) from the same location, all activities are licensed under ORS 616. The license to issue is based upon the firm´s predominant activity. For example, if the volume of foods manufactured for wholesale distribution is greater than that retailed, a license type 59 is issued.
Transfer of food establishment licenses
Some licenses may be transferred to a new location and some license fees are refundable.
- All licenses are personal and may not be transferred to another person.
- Licenses issued under ORS 616 -- Retail Food Establishment, Food Storage Warehouse and Food Processing Establishments -- are transferable from one location to another. An approval inspection for the new location is necessary but there is no additional fee. Under ORS 603, all types of meat licenses require new licenses for new locations (change of location).
Can these licenses be moved from one location to another?
- Meat Licenses: ORS 603, 619 - No
- Food Licenses: ORS 616 - Yes
- Dairy Licenses: ORS 621 (The statute is silent on this issue, therefore it is permitted) - Yes
- Bakeries: ORS 625 - No
- Refrigerated Locker Plants: ORS 628 - No
- Eggs: ORS 632 (The statute is silent on this issue, therefore it is permitted) - Yes
- Non-Alcoholic Beverage: ORS 635 (The statute is silent on this issue, therefore it is permitted) - Yes
Prohibited or restricted activities
- Meat Operations - Businesses that make meat products may only sell those products on the premises where they are made unless that business is issued a Grant of Inspection by the United States Department of Agriculture (Federal Government). See related sites for contact information.
- Seafood HACCP: The US Food and Drug Administration requires a HACCP plan for all seafood processors and importers. See ODA´s seafood program for more information.
- Foods from unlicensed source: All foods sold must be produced in a business licensed by the ODA or a County Health Department. You must verify that anyone selling foods to you for your business has an ODA or Health Department license. Food produced in other states must be licensed by the responsible agency in that state.
- Home canned foods: Except for jams and jellies that are processed in a licensed domestic kitchen, sale of home canned foods is absolutely prohibited. Anyone wishing to can foods must first go through a rigorous training and certification process. See food processing under ODA´s food program for more information.
- Acidified foods: Production of a food that is preserved solely by acidification is also restricted and requires training and certification. See food processing under ODA´s food program for more information.
- Inspected meats: Only USDA inspected meats may be used in the production of foods.
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| License fee structure July 1, 2008 - June 30, 2009 |
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RETAIL FOOD FEE SCHEDULE
| Retail Food Establishment | License type 77 | | Annual Gross Sales | Fee | | $0 to $50,000 | $134 | | $50,001 to $500,000 | $265 | | $500,001 to $1,000,000 | $318 | | $1,000,001 to $5,000,000 | $477 | | $5,000,001 to $10,000,000 | $583 | | Greater than $10,000,000 | $690 | BAKERY FEE SCHEDULES | Bakery Distributor License | License type 10 | | | Fee | | Flat Rate Fee | $106 | | Bakery License | License type 09 | | Annual Gross Sales | Fee | | $0 to $50,000 | $240 | | $50,001 to $500,000 | $371 | | $500,001 to $1,000,000 | $477 | | $1,000,001 to $5,000,000 | $796 | | $5,000,001 to $10,000,000 | $1,061 | | Greater than $10,000,000 | $1,592 | | Domestic Kitchen Bakery License | License type 11 | | Annual Gross Sales | Fee | | $0 to $50,000 | $149 | | $50,001 to $500,000 | $212 | | $500,001 to $1,000,000 | $318 | | $1,000,001 to $5,000,000 | $477 | | $5,000,001 to $10,000,000 | $636 | | Greater than $10,000,000 | $796 | MEAT FEE SCHEDULES | Animal Food Processor | License type 37 | | Meat Sellers License | License type 38 | | Poultry & Rabbit Slaughter | License type 39 | | Slaughterhouse License | License type 40 | | Non-Slaughtering Processor | License type 41 | | Custom Stationary Slaughter | License type 42 | | Custom Mobile Slaughter | License type 43 | | Custom Meat Processing | License type 44 | | Annual Gross Sales | Fee | | $0 to $50,000 | $212 | | $50,001 to $500,000 | $265 | | $500,001 to $1,000,000 | $318 | | $1,000,001 to $5,000,000 | $477 | | $5,000,001 to $10,000,000 | $530 | | Greater than $10,000,000 | $690 | | Pre-packaged only- Meat sellers | License type 85 | | Annual Gross Sales | Fee | | $0 to $5,000 | $106 | | $5,001 to $50,000 | $159 | | $50,001 to $500,000 | $265 | | $500,001 to $1,000,000 | $318 | | $1,000,001 to $5,000,000 | $477 | | $5,000,001 to $10,000,000 | $530 | | Greater than $10,000,000 | $690 | FOOD PROCESSOR FEE SCHEDULES | Food Processor Establishment | License type 59 | | Annual Gross Sales | Fee | | $0 to $50,000 | $318 | | $50,001 to $500,000 | $452 | | $500,001 to $1,000,000 | $530 | | $1,000,001 to $5,000,000 | $690 | | $5,000,001 to $10,000,000 | $796 | | Greater than $10,000,000 | $902 | | Domestic Kitchen Food Processor | License type 16 | | | Fee | | Flat rate fee | $187 | NON-ALCOHOLIC FEE SCHEDULE | Non-Alcoholic Beverage License | License type 12 | | Annual Gross Sales | Fee | | $0 to $50,000 | $159 | | $50,001 to $500,000 | $265 | | $500,001 to $1,000,000 | $371 | | $1,000,001 to $5,000,000 | $583 | | $5,000,001 to $10,000,000 | $690 | | Greater than $10,000,000 | $902 | FOOD STORAGE WAREHOUSE FEE SCHEDULE | Food Storage Warehouse | License type 78 | | Annual Gross Sales | Fee | | $0 to $50,000 | $106 | | $50,001 to $10,000,000 | $134 | | Greater than $10,000,000 | $159 | MILK FEE SCHEDULES | Fluid Milk Producer | License type 02 | | Producer-Distributor Grade A | License type 03 | | Producer-Distributor Grade B | License type 04 | | Fluid Milk Distributor | License type 05 | | Non-Processing Distributor Grade A | License type 06 | | Non-Processing Distributor Grade B | License type 07 | | Dairy Products Plant | License type 19 | | Annual Gross Sales | Fee | | $0 to $50,000 | $134 | | $50,001 to $500,000 | $187 | | $500,001 to $1,000,000 | $318 | | $1,000,001 to $5,000,000 | $477 | | $5,000,001 to $10,000,000 | $636 | | Greater than $10,000,000 | $796 | | Contract Milk Hauler | License type 20 | | | Fee | | Flat rate fee | $25 each | DAIRY OPERATOR'S LICENSE FEES
| Milk Sampler Grader (expires yearly 6/30) | License type 18 | | | Fee | | Flat Rate Fee | $25 | .
| Vat Pasteurizer (2 year license) | License type 79 | | | Fee | | Flat rate fee | $50 |
| HTST Pasteurizer (2 year license) | License type 81 | | | Fee | | Flat rate fee | $50 |
FROZEN DESSERTS
| Wholesale Frozen Dessert Manufacturer | License type 17 | | | Fee | | Flat rate fee | $60 |
EGG FEES
| Egg Handler | License type 13 | | | Fee | | Flat rate fee* | $25 | *additional monthly millage fees may apply
| Egg Breaker | License type 14 | | | Fee | | Flat rate fee | $75 |
REFRIGERATED LOCKER
| Refrigerated Locker Plant | License type 08 | | | Fee | | Flat rate fee | $100 | | Half year rate (after January 1) | $50 |
SHELLFISH - firms with gross annual income between $0 - $60,000:
| Shellfish Shucker - Packer | $150 | | Shellfish Grower | $100 | | Shellfish Distributor, Shipper, Wholesaler | $100 | | Shellfish Commercial Harvester | $75 |
SHELLFISH - firms with gross annual income greater than $60,000:
| Shellfish Shucker - Packer | $300 | | Shellfish Grower | $200 | | Shellfish Distributor, Shipper, Wholesaler | $225 | | Shellfish Commercial Harvester | $75 |
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| Inspection |
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Consultations
ODA Food Safety inspectors will provide consultation on request. When consulting with a firm that is not yet licensed, the inspector will provide a written copy of his or her comments. You will not necessarily receive a report for telephone consultations. When an application is offered, the establishment is assigned a number, and a report is provided.
Initial inspections
After the establishment has passed the initial inspection, the sanitarian will issue a license application. Upon receipt of application and fees, ODA will issue a license.
Regular or routine inspections
ORS 616 provides that every FSD licensed establishment will be inspected. Establishments with food service are generally inspected at least two times per year. When the type of product offered for sale is potentially hazardous, or the population served by the establishment is large, the establishments may be inspected more frequently, at the discretion of the sanitarian.
Other types of inspections
- When several critical items have been cited on an inspection, a follow up inspection will be scheduled, to assure that critical risk factors are controlled.
- If a consumer complaint is filed or a foodborne illness is identified by Oregon Health Services, it may lead to an investigative inspection.
- When a major remodeling project is planned, the sanitarian will review plans, and inspect as the remodeling is completed. See plan review requirements - English or plan review requirements - Spanish .
- Some laws require regular inspections for grading products, testing equipment, or sampling for required attributes, such as % milk fat, etc.
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