 Effective today, June 30, face covering and distancing rules are eliminated in alignment with the full reopening of our economy. Governor Brown’s announcement last Friday was welcome news to Oregon's businesses ready to open back up at full capacity.
Earlier this week we received confirmation from OR-OSHA Director Michael Wood that mask and distancing mandates will be eliminated (with certain exceptions, including health care, public transit, and airports). However, not all of Oregon OSHA’s COVID-19 requirements are going away immediately. "For the rule addressing all workplaces, examples of measures that will remain in place longer include optimization of ventilation, notification of a positive case in the workplace, and proper steps to take if an employee must quarantine." Here's more information to pass along: ORLA has received several questions from members regarding rule updates. Here are a few FAQs that were confirmed:
ORLA will continue to work with Oregon OSHA as part of their rules committee to continue addressing the details involved with unraveling the remainder of the COVID-19 directives. As always, you can reach out to your ORLA Regional Representative for questions.
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Hospitality Operators are Encouraged to Help Staff Get Vaccinated
FOR IMMEDIATE RELEASE: May 11, 2021 Contact: Greg Astley, Director of Government Affairs, ORLA 503.851.1330 | astley@oregonrla.org Wilsonville, OR– Governor Kate Brown’s announcement today that once 70% of the state’s residents 16 and older have received at least one dose of the COVID-19 vaccine she’ll eliminate most statewide restrictions meant to thwart the spread of the disease, is welcome news to Oregon’s hospitality sector. “Oregon’s hospitality industry has been repeatedly hammered by the openings, closings, and changes to how we can operate over the last 13 months,” said Greg Astley, Director of Government Affairs for ORLA. “Hearing the plan for Oregon’s restaurants to be able to fully reopen and welcome back guests gives hope to those who have remained closed since the beginning of this pandemic and those who have struggled to remain open and keep people employed.” The Governor’s plan includes the lifting of limits on seating capacity for restaurants, bars, and other venues previously impacted by the risk levels. It also means no counties would remain under the current risk level tiers based on rates of infections. Physical distancing and face-covering mandates while indoors may still be in place for some time. The Governor has stated she will follow recommendations from the Centers for Disease Control and Prevention as to when face coverings may no longer be required. “ORLA is encouraging restaurants to help employees find vaccination sites for themselves and their families,” said Astley. “The sooner we can meet the goal of having 70% or more of Oregonians partially vaccinated, the sooner we can open back up our dining spaces and welcome guests back in to share food and make memories with their families and friends.” ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. FOR IMMEDIATE RELEASE: April 27, 2021
Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | jbrandt@oregonrla.org Yet again, Oregon Governor Kate Brown punished local restaurants announcing another wave of indoor dining bans in 15 counties starting Friday, April 30. Current coronavirus outbreaks as reported by the Oregon Health Authority have been tied to education institutions, health care settings, private social gatherings and manufacturing facilities. However, Oregon’s plan and ongoing risk categories continue to target and penalize restaurants, gyms, and fitness centers as the predominant set of restrictions deemed necessary to mitigate virus spread. There have been no super spreader cases tied to these environments at any point in the over 13-month pandemic in Oregon. “Restaurants are taking the necessary precautions to ensure the safety of their employees and customers dining indoors,” said Jason Brandt, President & CEO of the Oregon Restaurant & Lodging Association. “It is impossible to run a restaurant two weeks at a time let alone one week at a time which is now Governor Brown’s plan for the coming weeks. The move by the Governor’s Office is tone deaf and offensive to tens of thousands of Oregonians working in restaurants and bars across our state attempting to pay their bills. COVID-19 closures and restrictions on indoor dining are clobbering Oregon’s restaurants, bars and hospitality sector. We’ve seen more than 1,000 close because of the pandemic recession. The uncertainty and arbitrary nature of targeting restaurants has made it impossible for these local businesses to plan during a time when they’re already struggling to survive. The Governor should stop blaming restaurants as the source of COVID-19 spikes. It is blatant discrimination against our local businesses. Instead, we should focus on what we know will work – vaccinating all Oregonians.” Despite no evidence or correlation between COVID-19 case spikes and restaurants, Oregon’s new extreme risk category includes a new statewide metric: Covid-19 positive patients occupying 300 hospital beds or more, and a 15% increase in the seven-day average over the previous week. Meanwhile, more than 1 million Oregonians have been fully vaccinated. In addition, the Governor’s Office moved away from their normal practice of reviewing hospitalizations based on weekend data and instead used data from Monday which included over 300 hospitalizations in Oregon. “The field of play keeps changing. We were under 300 hospitalizations all weekend but apparently that doesn’t matter anymore. The constant yo-yoing of closures and restrictions in Oregon are driving people to have multi-family gatherings at home indoors. The level of ongoing suffering being experienced by the hospitality industry is hard to quantify with the constant myopic focus on restricting restaurants and gyms as a way to effectively manage our ongoing COVID crisis,” Brandt said. Restaurants have only three days to try to adjust their businesses, dispose of perishable food and reduce staffing again. In addition, restaurants will not be able to order food, schedule employees, or plan out their operating hours in advance as weekly changes are implemented by the Governor’s Office. While changing outdoor capacity from 50 to 100 people will help some restaurants, it won't provide much needed flexibility for most. “The industry desperately needs their #1 sales day coming up on Sunday, May 9. Indoor dining restrictions for a second Mother’s Day in a row would be the ultimate blow to our local restaurants struggling to survive,” Brandt said. For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. A Total of 31 of Oregon’s 36 Counties Are Open for Indoor Dining as of Friday
FOR IMMEDIATE RELEASE: February 23, 2021 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Featured Industry Operator: John Barofsky, Co-Owner, Beppe & Gianni’s 541.517.5027 | Laperlapizzeria@live.com Wilsonville, OR– Oregon counties are on the move again with an announcement today by Governor Brown’s office lowering extreme risk levels for 10 counties which allows restaurants in those regions to open for indoor dining on Friday, February 26. “Oregon’s remaining metro areas surrounding the Salem area, Eugene area, and Medford area will be joining Portland Metro and the Bend area in bringing back indoor dining Friday,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “Our operators are gearing up as we speak to make sure safety remains our number one priority for both industry employees and customers indoors. We are committed to doing this right to make employees and guests as comfortable as possible in bringing hospitality back to more of Oregon’s local economies.” The news today means approximately 91 percent of Oregonians will now have access to indoor dining in the county where they live. About 9 percent, or close to 386,000 Oregonians, still live in a county limited to take out, delivery, and outdoor dining options. Counties designated as extreme risk include Benton, Coos, Douglas, Jefferson, and Josephine counties. “We are happy to hear we have the opportunity to return to our business model which has always been reliant on full-service dining,” said John Barofsky, Co-Owner of Beppe & Gianni’s Trattoria in Lane County. “We have tried hard to keep most of our employees on the payroll throughout the pandemic but have had to cut hours to make that happen. Today’s news will allow us to increase the hours available to our workers by about 30 percent now that we have indoor dining coming back online.” Barofsky and other operators across the state remain leery about the duration of time they will be allowed to continue indoor dining operations. For example, some operators in Portland chose not to open on Friday, February 12 even though they were given the green light to proceed. The two issues cited most frequently in deciding to stay closed indoors were the challenges in recruiting workers to return to work and the uncertainty indoor operations will remain open as of Friday, February 26. The open/close structure does little to assist hard hit restaurants with planning efforts that could help their employees pay their monthly bills and avoid permanent business closures. Today’s announcement confirms that all counties previously allowed to open indoor dining on February 12 will be able to continue indoor operations with the one exception in Douglas County. “Some helpful news also included in today’s announcement is the number of restaurants that will be able to move to 50% indoor capacity from 25%,” said Brandt. “25% capacity is a real challenge for operators with smaller amounts of square footage in their business. Washington and Clackamas counties for example, are moving to moderate risk levels which means restaurants can move up to 50% indoor capacity or 100 total people indoors including staff, whichever is smaller. In addition, outdoor dining capacity in moderate risk counties moves up to 150 people.” Restaurants who continue to operate in high risk counties including Multnomah will be limited to 25% indoor capacity or 50 people total including staff indoors, whichever is smaller. Outdoor dining capacity expands slightly as well in the high risk category and allows for 75 people total outdoors compared to the 50-person limit in the extreme category. Oregon also has 3 new counties in the lowest risk category. Wasco, Lincoln, and Clatsop counties which can open at 50% capacity with no limitations on total number of people. In addition, restaurants in low risk counties can have as many as 300 people outdoors and stay open until midnight instead of 11pm like the other three risk categories. For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. According to the Oregon Employment Department’s December data, over 50,000 Oregonians that once had a job in hospitality do not have work available to return to. A Total of 22 of Oregon’s 36 Counties Open for Indoor Dining Friday
FOR IMMEDIATE RELEASE: February 9, 2021 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Industry Operator | Dixie Tavern Access: Dan Lenzen, Co-Owner of Dixie Tavern 503.516.5249 | danl@venturehre.com Wilsonville, OR– Hundreds of Oregon restaurants will open their doors to indoor dining starting Friday, February 12 as case counts per 100,000 residents drop below the coveted 200 case mark over the course of the previous two weeks in specific counties. As industry suppliers and restaurant owners scramble to safely open for indoor dining, two prevailing issues remain – continuity of restaurant operations and getting employees back on the schedule. “Today’s announcement represents a significant step in the right direction,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “It’s our job to make sure the Governor’s Office and Oregon’s Legislators understand what we think will happen next because of today’s news. Top on the list are the challenges facing small businesses attempting to manage two weeks of operational certainty at a time which includes finding workers who are trying to pay monthly bills. And we must acknowledge the 14 counties with restaurant operations still trying to survive in the winter with no indoor dining.” Opening and closing restaurant operations continues to be cited as the number one challenge facing the industry with the biggest issues revolving around worker schedules and forecasting food supply needs in a limited time period once announcements on changes are made. “It is our job to be there for our workers and we will be doing our best to explain the uncertainty surrounding future work schedules,” said Dan Lenzen, Co-Owner of Dixie Tavern in Portland. “I hope our ability to open indoors represents a turning point allowing us to be open longer than two weeks. To stay in business, we need the ability to safely use some of the space inside our restaurant consistently and provide the jobs that go along with it.” February 12 appears to represent a key marker in the fight to mitigate virus spread as most Oregonians will now have indoor dining back as an option in their community for the first time in months. Still, restaurant operators in 14 counties continue to rely on Payroll Protection Program funds, limited outdoor operations if available, and takeout/delivery to scrape by. Approximately 38 percent of Oregonians still live in a county where indoor dining is not currently available. “We continue to be faced with incredible headwinds in the restaurant industry with the ban on indoor dining in Marion County,” said Conrad Venti, Co-Owner of Venti’s Taphouse and Basement Bar. “Every change we have managed as a company has impacted our employees just as much. We have permanently lost several long-term employees, including management, who have chosen to move on to other industries because of the complete instability and continuous changes we’ve had to face in the last year.” “With recent numbers trending in the right direction I was hopeful we would be inviting our guests and community back in to dine with us, and bringing employees back to work,” said Kevin Boyles, Co-Owner of Sassy Onion Restaurant in Salem. “Being in the extreme risk category while most of the state reopens is even more frustrating knowing my long time customers are able to make a small trip and enjoy a dining experience elsewhere, while my business continues to suffer.” ORLA is mounting a grassroots effort of industry professionals this week to continue encouraging outreach to Oregon’s Legislators and Governor Brown’s professional staff given the clear divide being experienced in a state with just over half its restaurants open while the others attempt to hold on. “We know firsthand how difficult it is for Oregon’s restaurant industry to ramp up their businesses two weeks at a time,” said Brandt. “Our goal in facilitating ongoing communication is to provide our elected leaders and their professional staff with the personal stories behind these challenges in hopes of providing more runway and a glide path for work schedules Oregonians can rely on. The easiest way to accommodate this would be to move to a system based on Low, Moderate, and High COVID-19 risk in each county and eliminate the Extreme Risk category altogether. Having three levels of risk instead of four would provide an additional level of flexibility needed as restaurants continue their fight for survival.” For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. According to the Oregon Employment Department’s December data, over 50,000 Oregonians that once had a job in hospitality do not have work available to return to.  Sustaining Operations and Avoiding Closures will Still Prove Challenging
FOR IMMEDIATE RELEASE: December 21, 2020 Contact: Jason Brandt, President and CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Wilsonville, OR– Today, Congress unveiled a $900 billion relief bill to provide short-term economic relief to the country in the face of the coronavirus pandemic. The plan includes several items that will benefit restaurants and lodging establishments, most importantly a second round of access to the Paycheck Protection Program (PPP), with unique provisions aimed to assist the restaurant and lodging industries, which continue to endure unparalleled job and revenue losses. In addition, the Oregon State Legislature is holding a third special session of 2020 and is poised to pass To-Go Cocktails legislation as well as statewide caps on third party technology and delivery expenses charged to restaurants. “Hospitality operators in Oregon have been pleading for both long-term and short-term economic support,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “Today’s developments will assist restaurant and lodging establishments with their quest to survive. However, it does not change the unsustainable trajectory facing thousands of Oregon small businesses who have ongoing bills for their dining rooms with little to no revenue to cover those expenses.” Today’s developments in the Oregon Legislature are expected to assist operators in realizing additional revenue for cocktail programs accompanying food purchases for takeout and delivery while also assisting operators with cost control on expenses. “The progress made today at both the state and federal levels feels like getting a new pair of running shoes,” said Brandt. “There is still a race for survival in conjunction with vaccine distribution and the majority of operators will remain unprofitable. Our reality remains the same – we are attempting to stretch out our cash until we actually get to the light at the end of the tunnel we’ve all been talking about.” The federal plan announced today targets restaurant and lodging relief with provisions including:
Other provisions in the bill that will benefit hospitality operations include the deductibility of business expenses paid with PPP loans, enhancement of the Employee Retention Tax Credit (ERTC), extension of the augmented Work Opportunity Tax Credit (WOTC), and increased tax deduction for business meals. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of over 10,220 foodservice locations and 2,000 lodging establishments with a workforce of 183,191, and a total economic impact of $13.8 billion in annual sales for Oregon. Available Data Translates into Ongoing Inequities for Oregon Hospitality
FOR IMMEDIATE RELEASE: November 19, 2020 Contact: Glenda Hamstreet, Executive Coordinator, ORLA 971.224.1509 | ghamstreet@oregonrla.org Wilsonville, OR– On November 18, the Oregon Health Authority (OHA) released the latest available data on workplace outbreaks in Oregon. In a November 18 published report, the OHA has identified 3,097 active Covid-19 cases associated with workplaces. Of those cases 18, or 0.58 percent are tied to restaurants. Lodging operations, which have no current outbreaks, don’t even appear on the list. “Oregon’s restaurants are struggling mightily. The state’s new restrictions are forcing an unsustainable round robin of furloughs and layoffs in our industry, an industry that is second to only health care in the number of people it employs,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “We continue to seek answers to better understand the sacrifices being experienced by Oregon’s hospitality businesses and our industry employees based on available data.” The Oregon Restaurant & Lodging Association (ORLA) has been an active partner in transforming thousands of hospitality environments to promote guest and employee safety. The industry continues to argue additional restrictions on controlled environments pushes virus spread to uncontrolled environments. “We can turn the corner in this state on coronavirus infections while still supporting the livelihoods of our fellow Oregonians as long as we make reasonable decisions based on available data,” said Brandt. “The data has clearly shown Oregon’s controlled restaurant and lodging environments offer a safe alternative to the private, social gatherings state officials have identified as the primary culprit driving the virus’ spread.” The state association continues to advocate for necessary adjustments to restaurant dining room protocol. For example, Governor Brown’s November 13 press conference stated private gatherings should be limited to 2 households or a maximum of 6 people. ORLA is advocating the same standard for group dining physically distanced from others be allowed immediately in dining rooms across the state. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191.  Watch Now: "No Recess Without Relief" New Coalition Of Public And Private Sector Leaders Call On Congress To Act On COVID Relief Before Election
Washington, D.C. (September 30, 2020) – COVID RELIEF NOW, a new coalition of nearly 200 major public and private sector groups across the U.S., today called for “No Recess without Relief” imploring Congress to not leave town for the 2020 elections without passing additional COVID economic relief – stating millions of jobs and survival of small businesses as well as vital government services are on the line. The coalition stated that if Congress fails to act, millions of employees will be furloughed or terminated; millions of unemployed Americans will lose their unemployment insurance pandemic benefits; hundreds of thousands of companies will be at risk of closing their doors forever; and the vast majority of state and local governments will have to curtail critical services in order to balance budgets due to a decline in tax revenue. Read the letter signed by coalition members, including the Oregon Restaurant & Lodging Association, that was sent to Congress today: This week is pivotal for COVID relief legislation and we must do everything we can to make sure our voice is heard. We need you to add your voice to ours. Write, call, and tweet your elected officials and tell them that the hotel industry’s needs must be included in any final bill. Take action and share this message with your colleagues! FEMA REQUESTS SHELTERING OPPORTUNITIES The State of Oregon is experiencing some of the most unprecedented emergencies to date affecting thousands of people throughout the region. As people are forced to evacuate their homes, the State of Oregon is committed to finding non-congregate sheltering and assistance for evacuees. In partnership with the American Red Cross, State and Federal agencies to better coordinate efforts we are asking for your help to lodge evacuees in the short term. Your local Destination Management Organization (DMO)/Convention or Visitor Bureau/Chamber of Commerce will be calling you soon to collect lodging data on a regular basis. They will be asking lodging properties for the following:
If you have any questions about this process, please contact Matt Finn at Travel Oregon. Are you already providing lodging to evacuees? See below information to share with them. There may also be a need for long term lodging for evacuees. If you are a lodging facility that can help the people of Oregon’s recent disasters, please register in the FEMA Emergency Lodging Assistance (ELA) Portal. Registration not only allows FEMA to easily locate your facility but also enables the agency to provide reimbursement for housing of evacuees. On this site, businesses providing lodging can find program FAQs, a user guide, and other information to clarify program requirements. Please note that the Oregon Department of Revenue will not be collecting lodging taxes for rooms using either FEMA transition shelter assistance or Red Cross hotel vouchers due to wildfire displacement. We expect that local jurisdictions in Oregon will adopt the same practice. If local transient lodging taxes do not need to be collected, depending on your local jurisdiction these room rents may still need to be reported with all other rents on any transient lodging tax reports you may fill out. However, those rents paid with vouchers would be deducted. Please check with your local government on this subject.  IMPORTANT INFORMATION FOR DISASTER SURVIVORS & BUSINESSES AFFECTED BY WILDFIRES
General information:
FEMA's highest priority right now is ensuring disaster survivors understand there are services available and the first step is getting registered. FEMA is asking if our lodging partners, especially those currently lodging evacuees, are willing to distribute the following attachments:
Please consider printing the flyer for display and have copies on hand for individuals. Also, it would be very helpful and appreciated if lodging partners could post one, or all of the attached graphics on their social medial accounts to help get the message out. See also some important information for those working to recover from the fires:
The goal is to amplify the messaging to both lodging entities AND victims affected by the recent disasters to ensure they are registered with FEMA to get assistance. For more wildfire information:  The word of the year is “unprecedented.” In our lifetimes, we have never seen such devastation – lives, property, and businesses lost to circumstances outside of our control.
What is incredible is how many of you have responded. You saw the need and rose to the occasion, offering lodging for people who have lost everything, free meals for the community, and hope for the future. There is a reason Oregon is known for its hospitality, and it’s on full display in the most challenging of times for our industry. Thank you! We couldn’t be more proud of our community’s spirit and resolve. Because we know how challenging circumstances are right now, here is some information you need to know in response to Oregon’s wildfires. Public Safety Power Shutoffs Please be aware of current policies from your regional utilities. Both Portland General Electric and Pacific Power have indicated they will continue with policies to cut power in extreme conditions. Pacific Power has a monitor to check for potential areas affected by this policy. Portland General Electric has enacted shutoffs in response to the conditions near Mt. Hood; read more on the PGE FAQ. Utilities are generally looking at several factors before making this decision and are committing to proactive communication. The Pacific Power criteria includes:
Be sure to have a plan in place for such emergency conditions. Contact your local health authority for more information on what they would require for maintaining operations in an emergency. Feel free to contact your Membership Representative with questions or to connect with others who have explored this subject. How Can I Help? Please visit Travel Oregon’s Ways To Help During Oregon Wildfires, a guide for where to donate money, supplies, and volunteer time. To get the latest updates and links to safety registries, mental health resources, current condition reports, and more, visit Wildfire.oregon.gov. If you are looking for hotels offering discounts for fire evacuees in the valley, visit Travel Portland's resource page. Nicole Peterson ORLA Government Affairs Coordinator Update Sept. 10, 2020 - The Governor issued today Executive Order 20-42, declaring an abnormal market disruption as a result of the statewide wildfire emergency. This order is in response to reports of unusual increases in lodging rates for Oregonians who have evacuated fire areas and concern that the wildfire emergency may prevent ready availability of other essential consumer goods and services.
Oregon lodging operators have the opportunity to showcase our best in service and hospitality as we open our doors to displaced families needing shelter in the wake of wildfires. This is not the time for unreasonable price hikes as families and loved ones seek shelter at a time of crisis. Oregon’s hospitality industry answered the call for emergency responders fighting COVID around Oregon with over 300 lodging properties signing up to assist in our collective effort to mitigate the spread of the virus. We are being called to action again by offering competitive pricing in our markets for those needing overnight shelters and to provide families and loved ones with a rate they can rely on as they determine their next steps. Be a leader in this space. Showcase what it means to bring Oregon hospitality to your guests and be a part of the rallying cry in a time of crisis by extending some comfort and certainty at your place of business for those you serve. Be advised the Governor has initiated an Executive Order directing the Attorney General to prosecute price gouging. Let’s step up and prove this particular executive order is unnecessary because of the leadership our lodging operators provide in times of crisis. How You Can Help: Make sure to reach out to your local destination management and marketing organizations to provide information on the availability of rooms at your location. It is crucial that the Office of Emergency Management have the latest information regarding available rooms for overnight stays at reasonable rates. Look for more information coming soon on ways you can help from Oregon’s Office of Emergency Management. Frequently Asked Questions from Oregon DOJ Consumer Protection: What is price gouging?
When is a price “unconscionably excessive”?
Are there exceptions to price gouging, and if so - what are they?
What can I do if I suspect price gouging?
Sincerely, Jason Brandt President & CEO Oregon Restaurant & Lodging Association ORLA sent a letter this morning to Representative Nancy Nathanson, Chair, Members of the House Interim Committee on Revenue, and the Senate Finance Committee urging them to oppose Legislative Concept 2. Please see the following call to action and take action today, WE NEED YOUR HELP! Stop the Tax Sneak Attack! Just when we thought things couldn’t get worse, the Oregon Legislature is now set to pass an ill-conceived proposal that would effectively impose $225 million in taxes on Oregon businesses, including restaurants and lodging, struggling to recover from the staggering impacts of the COVID shut downs. But instead of admitting this is a new tax burden on struggling businesses, they will say this is simply a technical change, impacting only a few wealthy Oregonians. That’s simply not true. Many Oregon businesses will lose much-needed cash if this tax increase moves forward. Please contact the governor, your legislators, and the House Revenue Committee immediately and tell them THIS PROPOSAL ISN’T FAIR to thousands of Oregon employers struggling to survive – and hundreds of thousands of unemployed Oregonians that want to go back to work.
Email your legislators today and tell them this sneak attack isn’t fair. Tell them to oppose this backdoor tax increase. ACT NOW. The Legislature is set to meet in special session on Monday, and all signs are that this bad idea is set to be fast-tracked through the process. The City of Portland needs to hear from you. Safety and security for restaurant and lodging employees and our guests is paramount as is ongoing support for the rights of all Portlanders to peacefully protest. We officially have a major crisis on our hands relating to nightly violence and ongoing national media attention. Underrepresented populations must continue to be heard and it is time to take meaningful steps forward with reforms that matter.
Please ask Portland City Council to lead the city and put an end to the violence now. Any instigation of violence is unacceptable and must be separated from the importance of ongoing peaceful protests. Stopping this violence is crucial to the future of Portland and how the city is embraced by those who visit here for years to come. What’s Legal When It Comes to CBD in Edibles and Alcohol
As new trends and topics in the alcohol industry emerge, the OLCC strives to keep current on these issues. Recently, there has been significant interest throughout the industry in the use and sale of cannabidiol (CBD) items on liquor-licensed premises. The Agriculture Improvement Act of 2018 (also referred to as the 2018 Farm Bill) was partially responsible for generating this interest because a part of the bill removed “hemp” and its derivatives from the definition of “marihuana” in the Controlled Substances Act. Although the 2018 Farm Bill established some regulatory authority for hemp under the U.S. Department of Agriculture (USDA) and the Federal Food and Drug Administration (FDA), this piece of legislation did little to explain or clarify the legal status of CBD and CBD products. Due to this uncertainty, the next few paragraphs will attempt to explain the complexities of this issue and help to answer a few questions about CBD products and OLCC liquor licensees. What is CBD? First, it is important to understand what CBD is and where it comes from. CBD is a non-intoxicating chemical compound (called a cannabinoid) that can be derived from cannabis plants. Because both hemp and marijuana come from the same plant (cannabis) they are both interchangeably referred to as cannabis, but there is an important legal distinction. Whether a cannabis plant is considered hemp or marijuana depends upon the amount of tetrahydrocannabinol (THC) the plant contains. THC is, of course, the cannabinoid responsible for the psychological effects associated with marijuana consumption. For a cannabis plant to be considered hemp, it must contain less than 0.3 percent THC, otherwise the plant is considered marijuana. Because marijuana is still considered to be a Schedule I controlled substance by the federal government, the source of the CBD is important. Even if a finished CBD product contains 0 percent THC, if the CBD was derived from a plant that contained more than 0.3 percent THC and is therefore marijuana, the CBD is considered a marijuana derivative. In Oregon, marijuana and all marijuana derivatives may only be sold by a licensed recreational marijuana retail store or medical marijuana registrant. For OLCC liquor licensees, the source of the CBD is also important because permitting the use or sale of a marijuana item on a liquor-licensed premises is a violation that could result in a license suspension or civil penalty. Although the CBD must be derived from hemp, not all hemp products contain CBD. Hemp stalks and seeds contain only trace amounts of CBD and have been legally used in food and beverages prior to the passage of the 2018 Farm Bill. The CBD used in many popular products is commonly extracted from the flowers and leaves of the hemp plant. The remainder of this article refers to CBD derived from hemp. What Conduct is Prohibited? Despite the current lack of legal clarity, federal agencies have provided guidance on two types of conduct that are prohibited. First, the FDA, which regulates food products and food safety, has determined that selling or offering to sell a food or beverage item containing CBD in interstate commerce is illegal. For OLCC liquor licensees to comply with federal law, they should not purchase CBD products that were produced in another state. Second, the Alcohol and Tobacco Tax and Trade Bureau (TTB), which regulates the manufacture and sale of alcoholic beverages, has determined it will not approve any alcoholic beverage formulas that contain CBD. Because obtaining formula approval is required to produce an alcoholic beverage with a non-traditional ingredient (such as hemp), all alcoholic beverages manufactured with CBD are prohibited. This means that all OLCC licensees that manufacture alcoholic beverages are prohibited from adding CBD during the production of the beverage or prior to bottling. To help clarify the agency’s position, the OLCC has proposed a rule change that would make it a violation for any OLCC liquor licensee to manufacture, store, or sell any alcoholic beverage that contains cannabinoids or any substance derived from cannabis, including cannabis terpenes. If adopted at the December Commission Meeting, the rule would apply to all license types and be effective January 1, 2020. What about Non-Alcoholic CBD Products? The two other common questions received by the OLCC on this issue involve non-alcoholic CBD products. Licensees are particularly interested in mixing non-alcoholic CBD beverages with alcohol in a mixed drink for on-premises consumption and are also interested in selling non-alcoholic CBD products on liquor-licensed premises. In Oregon, hemp production is regulated by the Oregon Department of Agriculture (ODA). The ODA has adopted rules that govern products made with hemp, including items intended for human consumption. Under ODA rules, those food and beverage items made with hemp are required to be tested in the same manner that marijuana food items are tested in Oregon. This means that an OLCC licensed laboratory or equivalent lab must receive samples from each process lot of the hemp items and the lab must test those products to ensure they meet certain standards regarding pesticides, solvents, and potency. Because people are going to be consuming these products, it is extremely important to make sure that these items have been tested. Because the effect of mixing CBD and alcohol is currently unknown, the OLCC recommends that licensees do not mix CBD and alcohol together into mixed drinks for on-premises consumption. If a licensee chooses to do so, it is done at the licensee’s own risk. If a licensee would like to sell a non-alcoholic CBD item on a liquor-licensed premises, the licensee must obtain a copy of the lab report showing that the product was properly tested according to the ODA’s rules. If any licensee is currently selling any CBD products that have not been properly tested, the licensee should have removed all non-compliant products from their inventory by December 31, 2019. The OLCC is publishing guidance documents on the OLCC website to help explain what types of activities may occur on a liquor-licensed premises. The guidance is split into five categories: alcohol manufacturing, wholesale and distribution, liquor store sales, sale of alcohol at retail, and testing requirements. The guidance is meant to help provide clarity for a very complex issue. These documents are scheduled to be available by the end of December and will be updated if rules or policies change. If you have questions, please visit the OLCC website at Oregon.gov/OLCC or contact the OLCC. | Jamie Dickinson, Oregon Liquor Control Commission This article originally published in the Oregon Restaurant & Lodging Association Magazine - Winter 2020 Pacific Power has announced a new policy of proactively shutting down power if conditions warrant it, in an effort to prevent wildfires. "Public Safety Power Shutoffs may occur with little warning and last for several days. It is currently unknown when these outages may occur; our only indication from Pacific Power is that they will occur during instances of significant wildfire danger (hot, dry, and windy days)," as stated by Hood River County Health Department in a memo to all Licensed Facilities in Hood River County.
The areas affected include Josephine County in southern Oregon (Roseburg, Medford, Grants Pass) and Hood River. In Hood River County, health officials announced that food establishments may not operate during prolonged power outages. Within 4 hours of losing power, all food establishments shall cease operating and serving food to the public. Even if a food establishment has a generator, without formal written approval from the County Health office (in advance), no food establishment may operate during a prolonged power outage. Actions may be taken to protect inventories; however, any food exposed to temperature abuse shall be discarded. Pacific Power has stated: 1. They will alert account holders 3-7 days out when possible 2. They will alert account holders 48 hours in advance, then 24 hours, then 2 hours and then one hour in advance whenever possible 3. Conditions will have to be sustained and will include:
If you have questions, please contact Hood River County Health Department directly:
For more information, download the memo from Hood River County Health Department. Oregon’s lodging tax investments could be drastically reduced if Senate Bill 595 passes.
If successful, SB 595 would eradicate the critical lodging tax reforms of 2003 by taking 30% of our industry’s 70% of any new or increased lodging tax implemented since July 2, 2003, and allowing local governments to redirect those funds for “affordable workforce housing” projects. The result would allow only 40% of new or increased local lodging taxes to be protected for tourism promotion and tourism-related facilities. ORLA was at the table in November supporting Measure 102, giving communities across Oregon greater flexibility to create the workforce housing they need. ORLA continues to be willing and ready to engage in productive conversations about alternative solutions that can benefit communities and foster economic development without targeting one industry. The Senate Committee on Housing held a public hearing for SB 595 on February 18. We need lodging industry members to take action now! Email members of the Senate Committee on Housing and tell them how important the 70% protections are to growing Oregon’s tourism economy. Urge them to consider alternatives to workforce housing initiatives. • Senator Shemia Fagan, Chair: sen.shemiafagan@oregonlegislature.gov • Senator Dallas Heard, Vice-Chair: sen.dallasheard@oregonlegislature.gov • Senator Jeff Golden, Member: sen.jeffgolden@oregonlegislature.gov • Senator Tim Knopp, Member: sen.timknopp@oregonlegislature.gov • Senator Laurie Monnes Anderson, Member: sen.lauriemonnesanderson@oregonlegislature.gov Read more about the bills ORLA is engaged and/or tracking this session at OregonRLA.org/billtracking. If you have any questions on this bill, please reach out to me via email at JBrandt@OregonRLA.org or call me directly at 503.302.5060. Restaurants Who Sell Elouan Wine Should Consider Risks
The OLCC has determined wine producer Copper Cane of California to be misrepresenting Oregon wine geographic designations on its Elouan packaging and sales material, recommending revocation of their Certificate to ship wine into Oregon for resale. Widespread news reports now give restaurateurs knowledge of these misrepresentations and thus liability under the Unlawful Trade Practices Act. The wines are made in California and are not legally eligible to state or infer Oregon American Viticultural Areas on their labels, packaging or advertising material. You may want to consider this risk in selling this product in your restaurants. News: Oregon Legislature to consider laws protecting wine industry (1.14.19 - Capital Press) Copper Cane Controversy (11.1.18 - Oregon Wine Press) Update 2.13.19 - The Centers for Disease Control (CDC) has officially declared the U.S. outbreak to be over; the FDA continues to recommend to suppliers and distributors that romaine lettuce be labeled with a harvest location and a harvest date, or labeled as being hydroponically or greenhouse-grown.
December 17, 2018 - The FDA, along with CDC, state and local agencies, is investigating a multi-state outbreak of E. coli O157:H7 illnesses linked to romaine lettuce grown in California. Restaurants and retailers should not serve or sell romaine from Monterey, San Benito, and Santa Barbara counties in California. Romaine from outside those regions need not be avoided. On December 13, 2018, Adam Bros. Farming, Inc., in Santa Barbara County, recalled products that may have come into contact with water from the water reservoir where the outbreak strain was found. The firm recalled red leaf lettuce, green leaf lettuce and cauliflower harvested on November 27 through 30, 2018. According to the firm, cauliflower was distributed to wholesalers in the U.S. The Adam Bros. recall has prompted a sub-recall by Spokane Produce Inc. of Spokane, WA. The firm recalled sandwiches and other products under the Northwest Cuisine Creations and Fresh & Local Sandwiches & Green Leaf Filets. The CDC has posted additional guidance regarding the romaine lettuce recall:
National Restaurant Association guidance: 5 Tips to Follow When a Recall Happens. |
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