California Table Grape Commission v. Health Division

In this proceeding under ORS 183.400, petitioners challenge the validity of a rule by which the Health Division of the Department of Human Resources (Division) regulates the sale of sulfite treated foods in restaurants.1 We hold the rule valid.

OAR 333-151-010(4) prohibits restaurants and certain other establishments from serving fresh fruits and vegetables to which sulfites have been added before delivery to the restaurant:

“Sulfur dioxide, sodium sulfite, sodium bisulfite, potassium, potassium bisulfite, sodium metabisulfite and potassium metabisulfite shall not be used in solution to dip,…