As used in ORS § 616.555 to 616.585:

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(1) ‘Alcoholic beverage’ has the meaning given that term in ORS § 471.001.

(2)(a) ‘Chain restaurant’ means a restaurant located in Oregon that:

(A) Is part of an affiliation of 15 or more restaurants within the United States;

(B) Sells standardized menu items that constitute 80 percent or more of the menu items served in the restaurant and at least 14 of the other affiliated restaurants; and

(C) Operates under a trade name or service mark, both as defined in ORS § 647.005, that is identical or substantially similar to the trade names or service marks of the affiliated restaurants.

(b) ‘Chain restaurant’ does not mean:

(A) A restaurant located inside a facility that is subject to State Department of Agriculture inspection under an interagency agreement described in ORS § 624.530, unless the trade name or service mark for the restaurant differs from the trade name or service mark of the facility containing the restaurant;

(B) A cafeteria of a public or private educational institution;

(C) A health care facility as defined in ORS § 442.015; or

(D) A motion picture theater.

(3) ‘Food product’ means a discrete unit serving of a ready-to-eat food or beverage.

(4)(a) ‘Food tag’ means an informational label placed near a menu item that is identified or indicated by the label.

(b) ‘Food tag’ does not mean a menu or menu board.

(5) ‘Menu’ means a pictorial or written description of menu items that does not have a fixed location and is not intended for joint viewing by multiple patrons.

(6)(a) ‘Menu board’ means a pictorial display or written description of menu items that:

(A) Is located where the customer places an order for a menu item; and

(B) Is not a menu or a food tag.

(b) ‘Menu board’ does not mean a pictorial display used solely for the purpose of marketing.

(7)(a) ‘Menu item’ means a prepared food product or a group or combination of prepared food products that is offered on a menu, menu board or food tag as a distinct article for sale.

(b) ‘Menu item’ does not mean the following:

(A) Condiments that are made available on tables or counters for general use without charge.

(B) Food products that are offered for sale less than 90 days during a calendar year.

(C) Alcoholic beverages, except as provided by rule by the Oregon Health Authority as described in ORS § 616.575.

(D) Food products in sealed manufacturer packaging.

(8) ‘Restaurant’ has the meaning given that term in ORS § 624.010. [2009 c.314 § 1; 2011 c.720 § 208]

616.555 to 616.590 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 616 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.