(1) "Food" means any substance used or intended to be used for human consumption as food, drink or condiment.

(2) "Open date" means a date clearly visible to retail consumers showing the pull date, packing date or other date described in ORS 616.835 (2).

(3) "Packing date" means the date specifying the time a perishable food was packaged in its final form for sale to the consumer.

(4) "Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. "Perishable food" includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, and foods that have been packaged or refrigerated. ORS 616.800 to 616.835 and 616.994 shall not apply to fresh fruits or vegetables or to foods that have been canned or frozen.

(5) "Pull date" means, whichever is earlier, the date specifying the time:

(a) The perishable food manufacturer, processor or packager recommends that a perishable food should be removed from retail sale, allowing the consumer time for normal home consumption or use under proper care and storage conditions; or

(b) A perishable food should no longer be offered for sale or sold as fresh. A perishable food shall be considered fresh only so long as significant changes in appearance, taste, odor, nutritional value, or other indicia of quality or fitness for human consumption have not taken place or are not likely to have taken place under generally accepted food handling practices for that particular food. [1973 c.173 §3]