A food establishment shall be considered unclean, unhealthful and insanitary if:

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(1) Food in the food establishments is not protected from adulteration as defined in ORS § 616.235, as required by the State Department of Agriculture;

(2) The refuse, dirt and waste products, subject to decomposition or fermentation incident to the operation of the food establishment are not removed as required by the department;

(3) All trunks, trays, boxes, baskets, buckets, or other receptacles, chutes, platforms, racks, troughs, shelves and all knives, saws, cleavers and other utensils and machinery used in operation of the food establishment are not thoroughly cleaned as required by the department;

(4) Proper toilet and lavatory facilities are not provided for employees, or not maintained and kept in a clean and sanitary condition; or

(5) The clothing and persons of operatives, employees, clerks or other persons therein employed are unclean. [Amended by 1975 c.389 § 9]