May 6, 2009
9:00 a.m.
Harris Hall Main Floor
APPROVED 5-4-2011

Commissioner Pete Sorenson presided with Commissioners Bill Dwyer, Bill Fleenor, Rob Handy and Faye Stewart present.  County Administrator Jeff Spartz, County Counsel Liane Richardson and Recording Secretary Melissa Zimmer were also present.




Joel Pomerantz, Eugene, Oregon Restaurant Association, recalled the Board directed the public health officials and other advocates of the ordinance to sit down with the industry.  He said they did that on Friday.  He noted at the meeting they didnít have the proposed ordinance language in front of them.  He said they achieved the goal of relationship building.  He indicated that concerns were raised from people in the restaurant industry and they were acknowledged as having merit.  He said they had no idea how those ideas would be reflected in the change of language.  He said the Oregon Restaurant Associationís position is that they would prefer state action be waited on. He thought there will be a state menu labeling law adopted before the end of the session.  He said the House Bill will go to the floor next week.  He added that because of amendments that were mistakenly omitted, the bill will go back to the rules committee and then to the floor to be adopted.  He urged the Board to not pass the ordinance.  He stated if the state doesnít pass an ordinance, they would work with the County to craft a workable menu labeling ordinance.

Sarah Hampson, Eugene , said she is a Senior Scientist at the Oregon Research Institute where she conducts research on obesity related issues.  She recalled at the Public Hearing on April 15, Bill Perry of the Oregon Restaurant Association referred to the number of meals eaten in chain restaurants as a fraction of a fraction of the meals eaten out.  She reported there is a trend for younger people to eat more fast food and to eat it more often.  She stated that obesity is increasing faster in children than any other segment of the population.

Laurie Trieger, Eugene, Lane Coalition for Healthy Active Youth, said regardless of the surety that there might be a state ordinance, there is no guaranty that HB2726 will be enacted this session.  She said it is too soon to know.  She indicated it now contains some pre-emption language.  She stated that should the bill pass, it will mandate that chains with 15 or more national outlets to disclose nutritional information and it will disallow local jurisdictions from opposing similar restrictions on smaller chains or any any other food outlet where they sell prepared ready to eat foods.  She thought it was more desirable for states to set a floor, not a ceiling for public health policy.  She was appreciative the Board was willing to work locally should HB2726 fail to be enacted this session.

Ed Gerdes. Attorney for Cafť Yumm, thanked the Board for delaying this for a few weeks so they can meet with the Department of Health.  He said they are closer to what a local ordinance might look like with its specifics.  He asked the Board to wait until the legislative process at the state level has gone through.

Patty Sanders, Eugene, stated that she is a restaurant owner and she will be impacted by a local ordinance.  She was in support of a statewide bill before the house.


Sorenson reported the national news is unfolding about the swine flu epidemic.  He thanked Public Health for getting information out to the public. 

Handy said they  have been hearing in the community about a plant looking for a permit from LRAPA.  He cautioned that basics of life and good health involve many right to know issues.

4.  REPORT/Semi-Annual Board of Health.

Rob Rockstroh, Health and Human Services, gave his Semi-Annual Board of Health. (Copy in file).

5.  THIRD READING AND SETTING FOURTH READING / ORDER 09-4-1-2/In the Matter of Consideration of the Adoption of a Policy and Rules Requiring the Nutrition Labeling of Food Items at Chain Restaurants (NBA & PM 3/31/09 , 4/1/09 & 4/15/09 ). (Fourth Reading :  May 20, 2009 ).

Jennifer Jordan, Health and Human Services, prepared a response to the Boardís questions.  (Copy in file).

Dwyer stated  that he is not in favor of these regulations.  He didnít want to vote to restrict peopleís rights.  He doesnít like pre-emption.  He stated they are a home rule county and are allowed to make laws not as restrictive.  He stated he would vote against this.

MOTION: to roll this matter to July 8.

Fleenor MOVED, Stewart SECONDED.


MOTION: to approve a Third Reading and Setting a Fourth Reading on ORDER 09-4-1-2  to May 20.

Handy MOVED,  Fleenor SECONDED.

Fleenor was concerned that they are consuming staff and Board time  having the continuous discussions.  He said they donít have sufficient support from the Board to pass this prior to the state legislature doing something in Salem .  He said he would support the May 20 roll over date but he is not pleased about the amount of time they are spending.

VOTE: 3-2 (Stewart, Dwyer dissenting).

Dwyer didnít support this.  He said they need to take a stand.


a.  Approval of Minutes
June 13, 2007, Board of Health, Following MWSD
June 19, 2007, Board of Health, 9:00 a.m.
April 1, 2009, Board of Health, 9:30 a.m.

MOTION: to approve the Consent Calendar.

Dwyer MOVED, Stewart SECONDED.

VOTE: 5-0.

There being no further business, Commissioner Sorenson adjourned the meeting at 10:35 a.m.

Melissa Zimmer
Recording Secretary