(1) The Oregon Health Authority shall adopt rules the authority considers reasonable for the administration and enforcement of ORS § 616.555 to 616.580. The rules adopted by the authority must include, but need not be limited to, rules for the rounding of stated values and the establishment of specifications for total calorie statements and other required statements. In adopting rules under this section, the authority shall:

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(a) To the extent the authority considers practicable, follow any relevant United States Food and Drug Administration practices, standards and rules for nutritional labeling; and

(b) Seek input from representatives of chain restaurants.

(2) The authority shall adopt rules establishing conditions under which a menu board serving the drive-through area of a chain restaurant may qualify for a full or partial exception from ORS § 616.565 and 616.570. The rules shall make an exception available only if compliance with ORS § 616.565 or 616.570 would require the violation of local land use laws or sign ordinances, or is impracticable due to site-specific conditions. As used in this subsection, ‘drive-through area’ means an area where customers place orders for and receive menu items while occupying motor vehicles.

(3)(a) Notwithstanding subsection (1) of this section, the following are the typical values for alcoholic beverages:

(A) For wine, 122 calories, 4 grams of carbohydrate and 7 milligrams of sodium for a five-ounce serving;

(B) For beer other than light beer, 153 calories, 13 grams of carbohydrate and 14 milligrams of sodium for a 12-ounce serving;

(C) For light beer, 103 calories, 6 grams of carbohydrate and 14 milligrams of sodium for a 12-ounce serving; and

(D) For distilled spirits, 96 calories for a 1.5-ounce serving.

(b) A chain restaurant shall use the typical values described in paragraph (a) of this subsection when calculating the total calories for a menu item that includes one or more alcoholic beverages.

(c) The authority:

(A) May adopt rules to require total calorie disclosures for an alcoholic beverage or a menu item that contains an alcoholic beverage, only if the alcoholic beverage or menu item is offered by a chain restaurant for 90 or more days during a calendar year; and

(B) May adopt rules that exempt containers or dispensers of alcoholic beverages from the use of food tags to state standard calorie values. [2009 c.314 § 4; 2011 c.720 § 211]

See note under 616.555.