(1) Notwithstanding ORS 616.700, the State Department of Agriculture may adopt rules waiving routine inspection for one or more types of food establishment if:
(a) The food establishment operations licensed under ORS 616.706 consist solely of selling prepackaged foods and beverages produced by a commercial food manufacturer or processor;
(b) The selling of food or beverages is not a major business activity of the food establishment as defined by the department; and
(c) In the opinion of the department, waiving the routine inspection does not present a significant risk to the public.
(2) A food establishment for which the department waives routine inspection as provided under subsection (1) of this section remains subject to inspection at the discretion of the department.