As used in ORS § 459.465 to 459.474:

(1) ‘Food vendor’ means a business, organization or other person that sells prepared food or offers prepared food for sale to the public, including, but not limited to, a store, shop or other sales outlet, a restaurant, a delicatessen or a cart, truck or other vehicle from which the business, organization or other person sells prepared food or offers prepared food for sale.

(2) ‘Foodware container’ includes bowls, plates, cups, lids, clamshells or other containers or any other items used for serving or containing prepared food, including takeout food and leftovers from partially consumed meals prepared by food vendors.

(3) ‘Perfluoroalkyl or polyfluoroalkyl substance’ means a substance included in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(4)(a) ‘Polystyrene foam container’ means a cooler or foodware container that is:

(A) Made of a polystyrene plastic foam;

(B) Made for the purpose of serving, containing, preserving or consuming prepared food; and

(C) Ordinarily used once for a purpose described in subparagraph (B) of this paragraph before being discarded.

(b) ‘Polystyrene foam container’ does not include:

(A) A cooler or other container that is made of a polystyrene foam, that is intended for more than one use and that is enclosed by a solid shell;

(B) A tray or container used solely to store, ship or otherwise transport an ingredient or food product that is not prepared food; or

(C) Polystyrene plastic material, other than polystyrene foam packaging peanuts, that is used solely for packing or protecting other items during storage, shipping or other transportation.

(5) ‘Polystyrene foam packaging peanuts’ means loose fill material made of polystyrene foam used to protect items during shipping or other transportation.

(6)(a) ‘Prepared food’ means food or a beverage that:

(A) A food vendor prepares on the food vendor’s premises or that another person prepares and provides to the food vendor for sale to the public; and

(B) An individual may consume immediately or without the need for further or additional preparation.

(b) ‘Prepared food’ does not include meat, fish, eggs or produce, if the meat, fish, eggs or produce are raw and have not been prepared for immediate consumption. [2023 c.73 § 1]

459.465 becomes operative January 1, 2025. See section 7, chapter 73, Oregon Laws 2023.

459.465 to 459.477 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 459 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.