The Oregon Department of Agriculture Food Safety Program updated the ODA Retail Food Code to align with the 2022 U.S. Food and Drug Administration Food Code, reflecting current national food-safety standards and practices. Below are links to the rule language, a fact sheet for operators on the significant changes from the previous version of the rules, and other helpful guidance.
Operating a retail food store includes the preparing, packaging, storing, handling, or displaying of food for sale to the consumer or user such as:
- Produce trimming
- Processed meat slicing
- Cheese slicing
- Preparing gutted and filleted fish
- Changing the form of food such as squeezing fruit into juice or grinding nuts into nut butter
Retail food stores include the sales of packaged foods, food for immediate consumption, bulk food, seafood, or produce such as:
- Full service grocery stores
- Convenience stores
- Stores selling only bottled alcoholic beverages such as wine or beer
- Vitamin and supplement stores
- Truck or van with a freezer unit selling frozen or fresh seafood
- Retail stores selling seafood and other non-meat retail foods
- Produce stands that are not on the property where the produce is grown (some exemptions may apply-contact local iinspector)
- Stands that sell their own home-grown produce and produce purchased from outside sources
- Truck or van selling produce, packaged bread, packaged spices, packaged cheese, or any other packaged food that is from a licensed source
Combination facilities
Combination facilities are food establishments that conduct activities subject to both Oregon Department of Agriculture (ODA) and Oregon Healthy Authority (OHA) Local Public Health Authority (LPHA) licensing. Examples of combination facilities include:
- Markets with food service or onsite dining
- Bakeries with food service or onsite dining
- Wineries that offer restaurant service in addition to brewing alcoholic beverages
- Restaurants that sell packaged foods for later consumption
To make the most efficient use of our customers’ and the agencies’ resources, ODA and OHA have maintained a
Memorandum of Understanding (MOU) about combination facilities since 1986. The MOU states that in nearly all cases, only one agency will license and inspect a food establishment. To determine which agency licenses and inspects an establishment, ODA and the Local Public Health Authority will determine whether the predominant activity is food preparation for immediate consumption or food preparation and sale for later consumption. Depending on the determination, the LPHA and ODA will refer the business to the appropriate regulatory agency.
What activities are prohibited?
Foods from unlicensed sources
All foods sold must be produced in a business licensed by the Oregon Department of Agriculture (ODA) or a Local Public Health Authority. 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 low acid foods
Sale of home canned low acid foods such as vegetables and seafood is absolutely prohibited. Anyone wishing to can low acid foods must first go through a rigorous training and certification process. See food processing licenses for more information.
Next Steps
Get a license application