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204.40. Enforcement. The environmental health division of the health department shall have the duty and the authority to enforce the provisions of this chapter. The license official shall also have authority to enforce the provisions of this chapter. (89-Or-060, § 1, 3-31-89; 96-Or-059, § 4, 6-28-96; 2013-Or-145, § 2, 12-6-13; 2014-Or-023, § 4, 5-23-14) 204.50. Rules and regulations. The environmental health division may, upon notice and hearing, promulgate such rules and regulations as may be necessary to carry out the purposes of this chapter and protect the health of the public, including the development of exemptions under section 204.70 for packaging for which there is no reasonable commercially available alternative. In promulgating such rules, the division shall consider the legislative purposes provided in section 204.10 of this chapter and shall consult with the operators of affected food establishments. (89-Or-060, § 1, 3-31- 89; 96-Or-059, § 5, 6-28-96; 2013-Or-145, § 3, 12-6-13; 2014-Or-023, § 5, 5-23-14) 204.60. Reserved. Editor's note (s)—Ord.\No. 2014-Or-023, § 6, adopted May 23, 2014, repealed § 204.60, which pertained to advisory committee on environmentally acceptable packaging. See also the Code Comparative Table. 204.70. Exemptions. Notwithstanding any other provision to the contrary, this chapter shall not apply to: (a) Any packaging used at hospitals or nursing homes. (b) Any packaging which is not environmentally acceptable, but for which there is no commercially available alternative as determined by the environmental health division by rule promulgated pursuant to section 204.50. In determining whether there are commercially available alternatives, the environmental health division shall consider the following: (1) The availability of environmentally acceptable packaging for affected products; (2) The economic consequences to manufacturers, suppliers, retailers and other vendors of requiring environmentally acceptable packaging when available; and (3) The competitive effects on manufacturers, suppliers, retailers and other vendors involved in the sale of product brands or labels available only in packaging that is not environmentally acceptable packaging. Every rule creating an exemption under this subsection (b) shall be reviewed annually by the environmental health division to determine whether current conditions continue to warrant the exemption. (c) Frontof the house exemption. The following food establishments shall be exempt from providing a qualified recycling and/or organics collection system in the front of house, but shall otherwise remain responsible for providing qualifying environmentally acceptable packaging: (1) Mobile food vehicle, limited; (2) Mobile food vehicle, non-profit free food distributor; (3) Mobile food vehicle; (Supp. No. 65, Update 3) Created: 2022-08-05 09:54:22 [EST] Page 3 of 4