(1) Notwithstanding ORS 616.700, the State Department of Agriculture may adopt rules waiving routine inspection for one or more types of food establishment if: (a) The food establishment operations licensed under ORS 616.706 consist solely of selling prepackaged foods and beverages produced by a commercial food manufacturer or processor; (b) The selling of food or beverages is not a major business activity of the food establishment as defined by the department; and (c) In the opinion of the department, waiving the routine inspection does not present a significant risk to the public. (2) A food establishment for which the department waives routine inspection as provided under subsection (1) of this section remains subject to inspection at the discretion of the department.
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