Notice of Proposed Permanent Rulemaking - OAR 333-150-0000, Food Sanitation Rule Update
The Oregon Health Authority (OHA), Public Health Division, Foodborne Illness Prevention Program is proposing to amend Oregon Administrative Rule (OAR) 333-150-0000, “Food Sanitation Rule". The program is adopting the Food and Drug Administration (FDA), Department of Health and Human Services, 2022 Model Food Code to bring Oregon's rules closer to the national standard for food safety.
The goal of the reorganization is to update rule language to better address the public health concerns with modern food establishments. Oregon's current rules are based on the 2009 FDA Food Code and much has changed in the dynamic food service industry and the science around food safety since that time.
OHA's rule advisory committee consisted of individuals representing mobile units, catering companies, small restaurants, franchisees, hospital food service, corporate food service, the local restaurant association, local county regulators, Oregon Department of Agriculture food safety and OHA's Food Service Advisory Committee.
For more details, please see the
Notice of Proposed Rulemaking (new rules start on page 20), including the
Statements of Need and Fiscal and Racial Equity Impacts. We also have these documents available for operators:
- Draft of the user version of the proposed Food Sanitation Rules - the black text is the standard 2022 FDA Food Code language, the underlined red text is the existing Oregon-specific language that will continue to be in the rule, and the bright blue highlighted text is the new/amended rule language.
- Significant Changes document drafts in
English and
Spanish outlining many of the larger changes.
- Frequently Asked Questions documents in English and Spanish.
You are invited to review and comment on the proposed rules. There are two (2) options to provide comment:
1. You may provide oral (spoken) testimony during public hearings scheduled on:
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Monday, November 17, 2025, at 2:30 P.M. Pacific Time via video/phone conference using Microsoft Teams. To provide oral testimony during this hearing, join using the
Meeting URL. You can also find the join link for the meeting in the Notice of Proposed Rulemaking under “Remote Meeting Details" using the “Meeting URL." To join the hearing via phone (audio/listen only), you may dial 971-277-2343, phone conference ID 310 855 718#
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Tuesday, November 18, 2025, at 9:30 A.M. Pacific Time via video/phone conference using Microsoft Teams. To provide oral testimony during this hearing, join using the
Meeting URL. You can also find the join link for the meeting in the Notice of Proposed Rulemaking under “Remote Meeting Details" using the “Meeting URL." To join the hearing via phone (audio/listen only), you may dial 971-277-2343, phone conference ID 403 324 805#
- You may also contact the Public Health Division Rules Coordinator at
publichealth.rules@odhsoha.oregon.gov to sign-up to give oral testimony at the hearings and receive the link for the Microsoft Teams video conference via calendar appointment.
2. Written comments may be submitted before
5:00 P.M. Pacific Time on November 30, 2025:
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon St. Suite 930
Portland, OR 97232
* Comments sent by regular mail must be postmarked by 5:00 P.M. Pacific Time on November 30, 2025.
- Send comments by fax to: 971-673-1299
Final rules will be filed after consideration of all comments. If you have questions or would like a paper copy of the Notice of Proposed Rulemaking, please contact Erica Van Ess at
erica.vaness@oha.oregon.gov.
We know new rules can be confusing, and we want to make them easy for food handlers to understand. You can review both the proposed rules, and the Significant Changes document draft in English and Spanish to see which updates are most likely to apply to your establishment. We have highlighted the sections of the rule in bight blue that are new, so they are easy to find as well.
Absolutely not! As you may know, glove use in food establishments can present challenges for both food safety and environmental stewardship. What will be required is that food workers use tools like spoons, spatulas, tongs, deli papers, etc. to handle ready-to-eat foods. Non-latex gloves may still be used, but they are not the only option.
Unfortunately, even the best double handwash is no match for norovirus, which is the No. 1 cause of foodborne illness in Oregon and the United States. To give you an idea of why we need good handwashing AND not to touch food that will not be cooked, this graph shows how few norovirus particles are required to make you sick:
This requirement has been part of the national FDA Food Code since 1997 and has already been required in Oregon Department of Agriculture-regulated facilities since 2013.
Most of the U.S., including our neighboring states, already have this rule in place. The science is clear that double handwashing alone is not enough to stop the spread of norovirus and other foodborne illnesses.
By adding this rule, Oregon will be aligning itself with national standards and taking an important step toward reducing foodborne illness and protecting public health.
The proposed rules will still allow for the option to apply for a variance if the owner/operator can show that the establishment has additional public health practices in place. You can read more about this process in section 3-301.11(E) of the proposed rules.
Operators will have until 2029 to meet this requirement. OHA and the rule advisory committee wanted to provide plenty of time for establishments to come into compliance.
There will be a three-step implementation process with the following target dates:
Step 1- Effective January 1, 2029: At least one person in charge shall be a certified food protection manager who demonstrates proficiency in required food safety knowledge by passing a test that is part of an accredited program.
Step 2- Effective January 1, 2031: At least one person in charge working each day shall be a certified food protection manager. The certified person in charge must be present during the hours of operation that represents the highest food safety risk to the food establishment. This step is different from what is in the 2022 FDA Food Code and was created based on discussion by the rule advisory committee.
Final Step- Effective January 1, 2033: Every person in charge shall be a certified food protection manager who has demonstrated proficiency in the required food safety knowledge by passing a test that is part of an accredited program.
Costs will vary depending on the program. Restaurant owners may offer to pay for the course for their employees or it may be a condition of employment for new hires in the future.
There are several accredited courses with a wide
range of costs. You can find a list of approved classes here.
OHA is proposing to add language that allows food establishments to cool foods uncovered in shallow layers of 2 inches or less as an additional option for compliance with the cooling requirement in rule.
You may still use the standard method (from 135ºF to 70ºF within two hours, and then to 41ºF within four hours). However, this new shallow-layer option provides operators more flexibility and can reduce the need to take frequent temperatures during the cooling process.
Because the food is spread out in thin layers, heat escapes more quickly, helping foods cool safely and evenly while minimizing the time that food handlers have to spend handling and monitoring foods that are cooling.
OHA's Rule Advisory Committee - Completed
For the rule advisory committee (RAC), an electronic survey was sent out to all licensed food service operators in Oregon requesting volunteers. We had an overwhelming response with almost 200 owner/operators responding that they would be interested in participating on the RAC. Since these committees are comprised of less than 20 members, our selection process for food service operators aimed to reflect a broad range of perspectives—including different menu types, levels of operational complexity, and geographic locations across the state. We have also included regulatory partners from a variety of agency types, counties, and community sizes as well as representatives from interested parties on the committee to provide their viewpoints and expertise as well.
Even if you aren't on the rule advisory committee, there are still several meaningful ways to stay engaged:
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Attend Meetings: Agendas and information to connect will be posted below a week in advance of each meeting. You are welcome to attend and observe if you're interested in the process.
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Share Input Anytime: You're invited to email us directly with any questions or comments throughout the RAC process at food.safety@oha.oregon.gov
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Participate in Public Comment: A formal public comment period will open before the rules are finalized. During that time, both written and verbal testimony can be submitted.
Meeting Dates
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September 17, 2025 from 9-11am - Agenda
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October 6, 2025 from 9-11:30 am - Agenda
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October 15, 2025 from 9-11:30 am - Agenda
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October 22, 2025 from 9-11:30 am - Agenda
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October 29, 2025 from 9-10am - Agenda
Fact Sheets for Operators Available in 18 Languages
Go to our Food Sanitation Rules webpage for fact sheets and more information.
Web Portal for Inspection Reports
Notice: Due to the COVID-19 pandemic, there may be gaps in inspection data from early 2020 through 2022 as Environmental Health Departments across Oregon supported their offices in managing the pandemic response.
We have completed a statewide rollout of updated software to allow county offices to better serve the licensed facility operators in Oregon. With this update, we now have a new look to our web portal showing
inspection reports for food, public pool and lodging facilities, such as restaurants, swimming pools and hotels across Oregon.
The site shows semi-annual, biennial and annual routine inspections as well as reinspections.
**Please note that there is a 14-day lag from the date of inspection until it is shown on the website**
Mobile Unit Information
Please visit our
Mobile Unit-specific page for more information.