Oregon Statutes - Chapter 618 - Weights and Measures

• 618.010   Definitions.
  As used in this chapter, unless the context requires otherwise: (1) “Advertising” or “advertisement” means any public notice or announcement of commodities for sale, services...
• 618.016   Policy.
  It is the express intent and purpose of ORS 618.010 to 618.246 and 618.991 to establish statutory authority for the administration, regulation and enforcement of...
• 618.021   Duties of director.
  The Director of Agriculture shall: (1) Maintain custody of the state standards of weight and measure and of the other standards and equipment provided for...
• 618.026   Delegation of duties and powers of department and director.
  Except for rulemaking, the duties and powers of the State Department of Agriculture and the Director of Agriculture pursuant to ORS 618.010 to 618.246 may...
• 618.031   Rulemaking authority.
  (1) The State Department of Agriculture is authorized to make any rules necessary to carry out ORS 618.010 to 618.246, but in making such rules...
• 618.036   Establishing weights and measures system; use of federal system.
  The State Department of Agriculture may utilize, for all commercial purposes in this state, either that system of weights and measures customarily used in the...
• 618.041   Standards for weights and measures system; security of state primary standard.
  (1) Standards of weight and measure that are traceable to the United States prototype standards and that are supplied by the federal government or that...
• 618.046   Secondary standards; verification of accuracy.
  The state shall supply secondary standards and such other equipment as is necessary to carry out ORS 618.010 to 618.246. Such standards shall be verified,...
• 618.050   [Repealed by 1973 c.293 §55]
• 618.051   Specifications and tolerances of commercial weights and measures; consideration of federal requirements; status of nonconforming weights and measures; rules.
  The State Department of Agriculture by rule shall prescribe the specifications, tolerances and other technical requirements applicable to commercial weights and measures within this state....
• 618.056   Testing and inspecting weights and measures offered for sale or used commercially; rules.
  The State Department of Agriculture may inspect and test, to ascertain if they are correct, all weights and measures sold, offered or exposed for sale....
• 618.060   [Repealed by 1973 c.293 §55]
• 618.061   Testing weights and measures at institutions supported by state funds.
  The State Department of Agriculture shall, from time to time, test all weights and measures used in checking the receipt or disbursement of supplies in...
• 618.065   [Formerly 618.750; repealed by 1973 c.293 §55]
• 618.066   Department investigation of alleged weights and measures law violations; exempt devices.
  (1) The State Department of Agriculture shall investigate complaints made to it concerning violations of ORS 618.010 to 618.246 and, upon its own initiative, shall...
• 618.070   [Repealed by 1973 c.293 §55]
• 618.071   Inspection and investigation authority of department; written notices for minor violations.
  When necessary for the enforcement of ORS 618.010 to 618.246, or rules promulgated pursuant thereto, the State Department of Agriculture is: (1) Authorized to enter...
• 618.076   Approving use of weights and measures; use of certain terms describing condition of equipment; seizure and destruction of nonconforming equipment.
  (1) The State Department of Agriculture shall approve for use such weights and measures as it finds upon inspection and test to be correct, as...
• 618.080   [Repealed by 1973 c.293 §55]
• 618.081   Owners of weights and measures required to correct deficiencies; reexamination of incorrect weights and measures prior to use.
  The owner of weights and measures rejected pursuant to ORS 618.076 shall cause such weights and measures to be made correct within the time specified...
• 618.086   Orders restricting distribution of weights and measures.
  (1) The State Department of Agriculture is authorized to issue stop-use orders, hold orders and removal orders with respect to weights and measures being, or...
• 618.090   [Repealed by 1973 c.293 §55]
• 618.091   Security seal to be attached to weights and measures devices.
  A security seal shall be affixed to any adjustment mechanism, readout compensator, primary indicator, or retainer to prevent removal of a measurement element, in such...
• 618.096   Prohibited acts involving commercial weights and measures.
  No person shall: (1) Use, or have in the possession of the person for the purpose of using for any commercial purpose specified in ORS...
• 618.100   [Repealed by 1973 c.293 §55]
• 618.101   Evidentiary presumptions regarding weights and measures law.
  For the purposes of ORS 618.010 to 618.246, proof of the existence of a weight or measure or a weighing or measuring instrument or device...
• 618.110   [Repealed by 1973 c.293 §55]
• 618.115   Voluntary inspection of weighing or measuring instruments; fees.
  In addition to the authority otherwise granted to the State Department of Agriculture to inspect and test weighing or measuring instruments or devices, the department...
• 618.120   [Repealed by 1973 c.293 §55]
• 618.121   License required for commercially operated weighing or measuring instrument; scope of license.
  No person shall operate or use for commercial purposes within the state any weighing or measuring instrument or device specified in ORS 618.141 that is...
• 618.126   Exemptions from licensing requirement.
  Commercial weighing or measuring instruments or devices specified in ORS 618.141 are exempt from the licensing requirements in ORS 618.121 if any of the following...
• 618.130   [Repealed by 1973 c.293 §55]
• 618.131   Weights and measures licenses in addition to other licenses; effect of conflicting laws.
  (1) The licenses required by ORS 618.010 to 618.246 are in addition to any other licenses required by law. (2) If ORS 618.010 to 618.246...
• 618.136   Establishing license fees; renewals; disposition of fees.
  (1) The license fee for each type or class of commercial weighing or measuring instrument or device shall be established by the State Department of...
• 618.141   Maximum license fees.
  (1) The license fees established pursuant to ORS 618.136 for weighing or measuring instruments or devices shall not exceed the following: ______________________________________________________________________________ Discrete Weighing DevicesMaximum...
• 618.146   Term of licenses; suspension and revocation of licenses.
  (1) All weighing and measuring instrument or device licenses issued under ORS 618.010 to 618.246 expire on June 30 next after the date of issuance...
• 618.150   [Repealed by 1973 c.293 §55]
• 618.151   Commercial use of unlicensed weighing or measuring instrument prohibited.
  The owner or person in possession of weighing or measuring instruments or devices for which the license fees have not been paid in the manner...
• 618.156   Forms, certificates and identification tags; license application forms.
  (1) The State Department of Agriculture shall prescribe such forms, certificates and identification tags as it considers necessary to carry out the licensing provisions of...
• 618.160   [Repealed by 1973 c.293 §55]
• 618.161   Notice of violation to owner or operator of unlicensed weighing or measuring instrument; tagging or sealing instruments to prevent unauthorized use.
  When weighing or measuring instruments or devices specified in ORS 618.141 are in commercial use and a valid license for such instruments or devices has...
• 618.170   [Repealed by 1973 c.293 §55]
• 618.175   [1961 c.643 §6; repealed by 1973 c.293 §55]
• 618.180   [Repealed by 1973 c.293 §55]
• 618.190   [Amended by 1961 c.643 §1; repealed by 1973 c.293 §55]
• 618.200   [Repealed by 1973 c.293 §55]
• 618.201   Sampling of packages and commodities; ordering packages and commodities withheld from sale; disposition after order.
  (1) The State Department of Agriculture, as often as necessary to provide adequate protection, shall weigh or measure and inspect packages or amounts of commodities...
• 618.206   Manner of selling commodities; exemptions; rules.
  (1) Commodities in liquid form shall be sold only by liquid measure or weight and, except as otherwise provided in ORS 618.010 to 618.246, commodities...
• 618.210   [Repealed by 1973 c.293 §55]
• 618.211   Labeling of packaged commodities; use of labeling terms restricted; scope of rules.
  (1) Except as otherwise provided in ORS 618.010 to 618.246 and the rules promulgated pursuant thereto, any commodity in package form introduced, delivered for introduction...
• 618.216   Cost per unit labeling requirements.
  In addition to the declarations required by ORS 618.211, any commodity in package form which is one of a lot containing random weights, measures or...
• 618.220   [Repealed by 1973 c.293 §55]
• 618.221   Restriction on manner of packaging commodities; fill of container requirements.
  No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled as to mislead the...
• 618.226   Commodity price and quantity advertising requirements; restriction on use of certain advertising terms.
  (1) Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there...
• 618.230   [Repealed by 1973 c.293 §55]
• 618.231   “Weight” defined; construction of term in sales transactions.
  The word “weight” when referring to the quantity of any commodity means net weight. Whenever any commodity is sold on the basis of weight, the...
• 618.236   Price misrepresentation prohibited; expressing fractional prices.
  (1) Whenever any commodity or service is sold, offered or exposed for sale, by weight, measure or count, the price shall not be misrepresented, nor...
• 618.240   [Repealed by 1973 c.293 §55]
• 618.241   Written invoice of certain commodity sales required; contents of writing.
  In the case of sales to or by retail outlets including restaurants, hospitals, boarding houses and similar institutions, sales of commodities in bulk form whose...
• 618.246   Sale by weight required for certain food products; labeling requirements.
  (1) Except for immediate consumption on the premises where sold, or as one of several elements comprising a ready-to-eat meal sold as a unit for...
• 618.250   [Repealed by 1973 c.293 §55]
• 618.260   [Repealed by 1973 c.293 §55]
• 618.270   [Repealed by 1973 c.293 §55]
• 618.275   Testing and inspection of scales; use without seal prohibited; sealing device; tests and inspection of cars; interstate cooperation.
  (1) All railroad track scales within this state used to weigh cars, commodities or freight offered for shipment shall be under the jurisdiction of the...
• 618.280   [Repealed by 1973 c.293 §55]
• 618.290   [Repealed by 1971 c.743 §432]
• 618.300   [Repealed by 1973 c.293 §55]
• 618.301   [1973 c.293 §38; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.306   [1973 c.293 §39; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.310   [Repealed by 1973 c.293 §55]
• 618.311   [1973 c.293 §40; 1975 c.304 §3; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.316   [1973 c.293 §46; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.320   [Repealed by 1973 c.293 §55]
• 618.321   [1973 c.293 §47; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.326   [1973 c.293 §49; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.330   [Repealed by 1973 c.293 §55]
• 618.331   [1973 c.293 §41; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.336   [1973 c.293 §42; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.340   [Amended by 1953 c.373 §8; repealed by 1973 c.293 §55]
• 618.341   [1973 c.293 §43; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.346   [1973 c.293 §44; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.351   [1973 c.293 §45; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.356   [1973 c.293 §48; repealed by 1977 c.132 §9 and 1977 c.842 §23]
• 618.401   [1973 c.374 §4; repealed by 2005 c.22 §433]
• 618.406   Definitions; citations for certain violations; delegation of authority; service of citations; recording.
  (1) As used in this section: (a) “Deputy state sealer” means the person appointed by the Director of Agriculture to supervise the weights and measures...
• 618.410   [Repealed by 1973 c.293 §55]
• 618.411   [1973 c.374 §7; 1985 c.725 §13; repealed by 1999 c.1051 §111]
• 618.416   [1973 c.374 §8; 1985 c.725 §14; repealed by 1999 c.1051 §111]
• 618.420   [Repealed by 1973 c.293 §55]
• 618.421   [1973 c.374 §9; 1979 c.477 §15; repealed by 1999 c.1051 §111]
• 618.426   [1973 c.374 §10; repealed by 1999 c.1051 §111]
• 618.430   [Repealed by 1973 c.293 §55]
• 618.431   [1973 c.374 §11; repealed by 1999 c.1051 §111]
• 618.436   [1973 c.374 §12; repealed by 1999 c.1051 §111]
• 618.441   [1973 c.374 §13; repealed by 1999 c.1051 §111]
• 618.446   [1973 c.374 §14; repealed by 1999 c.1051 §111]
• 618.451   [1973 c.374 §15; repealed by 1999 c.1051 §111]
• 618.456   [1973 c.374 §16; repealed by 1999 c.1051 §111]
• 618.460   [Repealed by 1973 c.293 §55]
• 618.461   [1973 c.374 §17; 1987 c.905 §28; repealed by 1999 c.1051 §111]
• 618.466   [1973 c.374 §18; repealed by 1999 c.1051 §111]
• 618.470   [Repealed by 1973 c.293 §55]
• 618.480   [Repealed by 1973 c.293 §55]
• 618.490   [Repealed by 1973 c.293 §55]
• 618.500   [Repealed by 1973 c.293 §55]
• 618.501   Definitions.
  As used in ORS 618.501 to 618.551 and 618.995, unless the context requires otherwise: (1) “Appropriate court” means the circuit court of a county: (a)...
• 618.506   Enjoining security seal violations; notice to defendant; voluntary compliance; temporary order; attorney fees and costs.
  (1) A prosecuting attorney who has probable cause to believe that a person is committing or has committed a security seal violation may bring suit...
• 618.510   [Repealed by 1973 c.293 §55]
• 618.511   Remedial power of court.
  The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real...
• 618.516   Civil action by private party; damages; attorney fees and costs; effect of court action; time for commencing action.
  (1) Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a...
• 618.520   [Repealed by 1973 c.293 §55]
• 618.521   Investigative demand; petition to modify.
  (1) When it appears to the prosecuting attorney that a person has committed or is committing a security seal violation, the attorney may execute in...
• 618.526   Method of serving investigative demand.
  Service of any investigative demand under ORS 618.521 shall be made personally within this state. If personal service cannot be made, substituted service therefor may...
• 618.530   [Repealed by 1973 c.293 §55]
• 618.531   Effect of failure to obey investigative demand.
  (1) If any person after being served with an investigative demand under ORS 618.526, fails to obey an investigative demand issued by the prosecuting attorney,...
• 618.536   [1973 c.294 §9; renumbered 618.995 in 2001]
• 618.540   [Repealed by 1973 c.293 §55]
• 618.541   Loss of license for operation in violation of injunction.
  Upon petition by the prosecuting attorney, the court may, in its discretion, order suspension or forfeiture of the license for any liquid or gaseous metering...
• 618.546   Reports by district attorney to Attorney General; filing of voluntary compliances.
  A district attorney shall make a full report to the Attorney General of any action, suit, or proceeding prosecuted by such district attorney under ORS...
• 618.550   [Repealed by 1973 c.293 §55]
• 618.551   Remedies supplementary to existing statutory or common law remedies.
  The remedies provided in ORS 618.506 to 618.541 and 618.995 are in addition to all other remedies, civil or criminal, existing at common law or...
• 618.610   [Repealed by 1973 c.293 §55]
• 618.620   [Repealed by 1973 c.293 §55]
• 618.630   [Amended by 1955 c.97 §1; repealed by 1973 c.293 §55]
• 618.640   [Repealed by 1973 c.293 §55]
• 618.710   [Amended by 1953 c.373 §8; repealed by 1973 c.293 §55]
• 618.720   [Amended by 1953 c.373 §8; repealed by 1973 c.293 §55]
• 618.730   [Amended by 1953 c.373 §8; 1961 c.643 §2; 1967 c.122 §1; 1969 c.88 §1; repealed by 1973 c.293 §55]
• 618.732   [1967 c.122 §3; repealed by 1973 c.293 §55]
• 618.735   [1961 c.643 §5; 1969 c.88 §2; repealed by 1973 c.293 §55]
• 618.740   [Amended by 1967 c.122 §2; repealed by 1973 c.293 §55]
• 618.750   [Amended by 1961 c.643 §3; renumbered 618.065]
• 618.760   [1953 c.373 §6; repealed by 1973 c.293 §55]
• 618.770   [Repealed by 1973 c.293 §55]
• 618.780   [Repealed by 1973 c.293 §55]
• 618.790   [Repealed by 1973 c.293 §55]
• 618.800   [Repealed by 1973 c.293 §55]
• 618.810   [Repealed by 1973 c.293 §55]
• 618.990   [Repealed by 1973 c.293 §55]
• 618.991   Penalties.
  (1) Violation of ORS 618.086, 618.096, 618.121 or 618.201 is punishable as follows: (a) If the violator is an individual, by imprisonment for not more...
• 618.995   Civil penalties.
  (1) Any person who willfully violates the terms of an injunction issued under ORS 618.506 shall forfeit and pay to the state a civil penalty...

Last modified: August 7, 2008