(a) "Authorization" means a license, permit, certificate or other approval for the operation of a food establishment.

(b) "Food establishment" has the meaning given that term in ORS 616.695.

(2) In addition to any other authority granted to the State Department of Agriculture, including, but not limited to, condemnation or closure authority under ORS 632.705 to 632.815 or this chapter or ORS chapter 619, 621, 622, 624 or 625, the department may order the closure of a food establishment if:

(a) Department authorization for operation of the food establishment is required by law; and

(b) The authorization has not been obtained or has lapsed.

(3) Prior to ordering the closure of a food establishment under this section, the department shall give notice:

(a) As required under ORS 561.300, if the authorization to operate the food establishment has lapsed.

(b) As provided by a rule of the department that allows not less than 45 days for compliance, if an authorization to operate the food establishment has not been obtained.

(4) After providing the notice required under subsection (3) of this section and prior to ordering the closure of a food establishment under this section, the department shall give notice to the owner or operator of the food establishment that the authorization required for operating the food establishment has not been obtained or has lapsed. The department shall send the notice to the owner or operator by certified mail addressed to the last-known address of the person on file with the department or, if none, to the address of the food establishment. The date of mailing must be at least 30 days prior to any order issued by the department under this section for closure of the food establishment.

(5) Food establishments for which the department may issue an order for closure under this section include, but are not limited to, establishments for which department authorization is required under ORS 603.025, 616.706, 619.031, 621.161, 621.335, 622.080, 625.020, 625.080, 625.180, 628.220, 632.715, 632.730 or 635.027. [2019 c.387 §2]

Note: 616.713 was added to and made a part of ORS chapter 616 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.