(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:

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(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. [2011 c.127 § 2]

[Repealed by 1965 c.501 § 10]