(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]

Note: 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.