[Oct. 30, 2020] - Updates from Your Association This Week
Safe Adjustments Needed to Regulations for Restaurant and Lodging Establishments
Oregon OSHA Updates
ORLA Live! Virtual Event
As a reminder, your state association is producing a 2-day virtual event November 9 and 10. Speakers and panelists will be presenting live from our production studio in Salem while you stream sessions safely distanced. It’s not the same as the in-person conferences we all prefer but you and your team will come away with new intelligence, inspiration, and solutions for today’s challenges. See the full agenda and register today at OregonRLA.org/ORLALive.
[Oct. 23, 2020] - Latest Activity on Behalf of Oregon's Hospitality Industry
In case you weren't aware, the ORLA Live! (virtual event for the industry) is coming up in just over two weeks, November 9-10. We've created a dynamic agenda with something for everyone–you can participate live or listen later–so please share with your networks! A couple things to know:
Linked here is the latest email from Michael Wood on the Oregon OSHA situation. We have registered our displeasure with the agency taking on two rule making processes at the same time – finalizing their infectious disease standard rule while also redefining employer responsibility and reassessing fines. Both processes have widespread involvement by the business lobby. We have been more involved at ORLA on the infectious disease standard rule while others in the industry have been helping with the employer responsibility definition and fines which seem focused on the manufacturing sector. Reach out with any questions about these processes because it is confusing and better communication from Oregon OSHA’s director would be helpful. We're asking him to create a one page memo communicating more clearly that these two public processes are happening at the same time.
ORLA is launching digital campaigns around two issues with the goal of pressuring the Governor’s Office to move off of these arbitrary rules – the 10 pm statewide curfew and the 100 person indoor max occupancy (including staff). We have critical mass when we launch these campaigns – the question is whether they will make a difference in getting the Governor to move away from these challenging rules. The Governor’s office confirmed last night that we ‘flooded’ their inboxes on the 10pm curfew issue. A big thanks to Nicole Peterson for her work on both of these campaigns. We will launch the second digital campaign and flood their inboxes again on Monday for the 100 person indoor cap issue. When we take on this strategy rest assured I give the Governor’s office a call and a ‘heads up’ – the goal is to give the staff plenty of ammunition when they interact with the Oregon Health Authority and the Governor to showcase just how necessary these changes are. If you haven't already, please sign up to be a Hospitality Advocate and receive text alerts by texting "ORLA" to 52886.
On a side note we are sad to report that Nicole Peterson’s last day as ORLA’s Government Affairs Coordinator will be this Wednesday. ORLA prides itself on having a Government Affairs Coordinator position that provides an exceptional development opportunity in the government affairs arena here in Oregon. Nicole will be taking on an expanded role at the Oregon Department of Education and our team looks forward to seeing her around and working with her as she takes on this new challenge. Thank you Nicole for your amazing work!
The Oregon Tourism Commission released their Regional Funding Report representing lodging tax revenue declines for Oregon’s 7 tourism regions and the organizations who receive funds in those 7 regions to promote tourism and help increase economic activity for our industry. The numbers are tough and the forecasts are grim, but we wanted to share for general awareness of the financial shortfalls our promotional partners will be dealing with as they try to determine how to best spend limited funds to get people back in our hotels and restaurants.
As always reach out with any questions or comments about any of the updates we have to share.
[Oct. 21, 2020] - Latest Updates From Your Association
Oregon OSHA is working to finalize a temporary rule for infectious disease standards in the workplace. The temporary rule is meant to replace Phase 2 guidelines once in effect and for our industry, the rule replicates the guidance we are already following for Phase 2 counties from the Oregon Health Authority. ORLA serves on the committee to review the final draft of the rule. Unfortunately, the committee plans involve a new ‘exposure risk assessment’ process and ‘infection control plan’ that will need to be instituted by all Oregon employers in November. The official communication coming out of the Governor’s office is that Oregon OSHA’s temporary COVID-19 Rule will be adopted 10/21 and go into effect 11/1. More details to come on this; read the applicable attachments that have been shared with the workgroup below.
ORLA’s Nicole Peterson testified on behalf of our association last week as part of a Management-Labor Advisory Committee hearing (MLAC). The big issue we have been dealing with in this process is the debate over whether a workers' compensation presumption should apply when an employee is infected with COVID-19. The business lobby, including ORLA, came out in full force for the last committee meeting on October 9th and testified against a presumption that would say it is presumed the workplace was responsible for the infection. At the end of the meeting, MLAC committee members discussed the possibility of drafting a compromise or a much more limited presumption. Obviously, the business lobby wants nothing less than no presumption, and the labor side wants the opposite. It is to be determined on what they decide to do and what they move forward with recommending.
Over the past few weeks ORLA has held numerous Listening Sessions with Legislators including one with Speaker Tina Kotek. One member's comment really resonated on what the industry is facing. It was from nightclub owner, Brad McCray (Candy and Sanctuary in Portland) who joined us in discussing the arbitrary 10pm curfew (listen here). Stories like the one Brad shared are why we do this work. Common sense must prevail and we all need to keep up the fight to get modifications to the arbitrary rules (like the curfew and 100-person indoor cap regardless of indoor space).
ORLA is preparing for some important Zoom discussions with Employment Department Director David Gerstenfeld on October 26 and 27 for foodservice and lodging operators, respectively. In preparation for those conversations we are receiving comments from operators on how the relationship with the Employment Department could be improved as we prepare for the new rate structure. The new payroll tax rate for Unemployment Insurance (UI) will be announced mid-November and will take effect January 1. If you haven't already, please RSVP for these calls by emailing Glenda Hamstreet.
[Oct. 13, 2020] - Unemployment Insurance (UI) Taxes Paid By You Deserve Extra Attention
Every November, the Oregon Employment Department announces the rate schedule for Unemployment Insurance (UI) paid by employers through payroll tax for the upcoming calendar year. It should come as no surprise the rate employers will pay for 2021 is of concern to the hospitality industry given the adverse continuing impact the pandemic has had on available jobs due to decreased demand and health guidelines.
ORLA has opened up lines of communication with the Director’s Office at the Oregon Employment Department for interested members. On October 26 and 27, Interim Employment Department Director David Gerstenfeld will join hospitality operators to provide an update on Oregon’s Unemployment Insurance Trust Fund and the process undertaken to keep the fund solvent.
Included here is a recent presentation provided by Director Gerstenfeld to a handful of business colleagues representing various industries in Oregon. Currently, Oregon is in Rate Schedule 2 out of 8 possible rate structures. All 8 schedules (which you can view on Slide 6) have a range of possible payroll tax rates paid by employers. Each employer's actual rate depends on their ‘experience rating’ – the lower your experience rating the lower your applicable tax rate within each rate schedule.
Please plan to join us for an important discussion about the unemployment insurance taxes you pay. RSVP to join us for one of the upcoming Zoom discussions by emailing Glenda Hamstreet.
Updated 10/27/20 - ORLA set up calls with the Oregon Employment Department to provide an update on the Unemployment Insurance Trust Fund and the process to keep the fund solvent. Here are the recordings:
Notes from the calls:
[Oct. 6, 2020] - There's More Work to Be Done
ORLA remains focused on engaging our local and state government leaders as we work to get all of Oregon’s 36 counties into Phase Two operations. We still have 4 counties to go so please take action if you have not done so already if you live or run your business in Malheur, Multnomah, Clackamas, or Washington Counties.
Our state has wrestled with two emergencies at the same time and key professional staff at ORLA have been working with officials at FEMA as we work to address fallout from Oregon wildfires on top of the impacts felt by us all from COVID. A big thanks to the professional staff at ORLA for finding a way to assist with shelter coordination efforts. Our efforts as a state association were recently recognized across the country in a recent FEMA presentation. That slide is included here as well as the bullet points referenced demonstrating the public/private partnership efforts.
There is so much left to accomplish. In addition to Phase Two for all Oregon counties we have proven our industry can operate safely and mitigate virus spread. As a result, it would be incredibly helpful to see the State of Oregon extend our 10pm curfew to midnight in acknowledgment of your hard work and also provide more flexibility on the 100 maximum (including staff) for indoor operations when square footage allows for safe social distancing of associated parties (10 people or less) in numbers larger than 100.
[Oct. 1, 2020] - It’s October 1 - The Clock is Ticking
We're asking Oregon hospitality operators to take action now to protect the viability of small businesses in Malhuer, Clackamas, Washington, and Multnomah Counties. We must enter Phase 2 across Oregon before the weather turns. Watch video for more information.
Call to Action: If you’re in Phase One, contact your county commissioners today and make sure they know what’s at stake for you and the Oregonians you employ.
Clackamas County Commissioners:
Malheur County Commissioners (chair is called Judge):
Multnomah County Commissioners:
Washington County Commissioners:
[To continue reading previous blog posts from ORLA's CEO, click "Read More" to the right]
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
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.
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?
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.
Call to Action: Ask Portland City Council to Lead an End to Violence while Supporting Ongoing Peaceful Protests
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: email@example.com
• Senator Dallas Heard, Vice-Chair: firstname.lastname@example.org
• Senator Jeff Golden, Member: email@example.com
• Senator Tim Knopp, Member: firstname.lastname@example.org
• Senator Laurie Monnes Anderson, Member: email@example.com
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.
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.