Oregon Statutes - Chapter 616 - General and Miscellaneous Provisions

616.005 [Repealed by 2003 c.14 §361]
616.010 State Department of Agriculture and Department of Human Services to administer and enforce food laws.
The duty of administration and enforcement of all regulatory legislation applying to: (1) The production, processing and distribution of all food products or commodities of...
616.015 Cooperation between Department of Human Services and State Department of Agriculture.
In order to more effectively utilize the agencies of the state in the public interest and without unnecessary duplication and expense, the relationship between the...
616.020 Surveys by Department of Human Services.
(1) In addition to any Department of Human Services survey, investigation or inquiry authorized by law that involves the production, processing or distribution of agricultural...
616.025 [Amended by 1953 c.686 §37; 1965 c.107 §1; 1973 c.174 §17; repealed by 1973 c.227 §26]
616.030 [Repealed by 1953 c.686 §37]
616.035 [Repealed by 1953 c.686 §37]
616.040 [Repealed by 1953 c.686 §37]
616.045 [Repealed by 1953 c.686 §37]
616.050 [Repealed by 1953 c.686 §37]
616.055 [Repealed by 1973 c.227 §26]
616.060 [Repealed by 1973 c.227 §26]
616.062 [Repealed by 1953 c.686 §37]
616.065 Certificate of analysis or test as evidence.
The certificate of analysis or test of any chemist, or other authorized officer, employee or deputy of the State Department of Agriculture, signed and certified...
616.070 [Repealed by 1973 c.227 §26]
616.073 Policy and prohibitions on sulfite use; exceptions.
(1) The Legislative Assembly finds that sulfites used as an additive in fresh foods and foods to be consumed without cooking may have already caused...
616.075 [Repealed by 1969 c.131 §5]
616.077 Department of Human Services rules; exception.
(1) The Department of Human Services shall adopt any rules necessary to implement the policy established in ORS 616.073. (2) Rules adopted by the Department...
616.080 [Amended by 1953 c.686 §37; 1965 c.107 §2; 1973 c.174 §18; repealed by 1973 c.227 §26]
616.085 [Repealed by 1953 c.686 §37]
616.090 [Repealed by 1973 c.227 §26]
616.095 [Amended by 1953 c.66 §2; part renumbered 561.605 to 561.620; part renumbered as part of 561.625]
616.100 [Renumbered as part of 561.625]
616.110 [Renumbered 561.630]
616.115 [Repealed by 1973 c.227 §26]
616.120 [Repealed by 1973 c.227 §26]
616.205 Definitions for ORS 616.205 to 616.385.
As used in ORS 616.205 to 616.385, unless the context clearly indicates a different meaning: (1) �Advertisement� includes all representations disseminated in any manner or...
616.210 �Selling of food� construed.
The provisions of ORS 616.205 to 616.295 regarding the selling of food include the manufacture, production, processing, packing, exposure, offer, possession and holding of any...
616.215 Prohibited acts.
The following acts and the causing thereof within the State of Oregon are prohibited: (1) The manufacture, sale or delivery, holding or offering for sale...
616.217 Restriction on labeling or selling food fish product as halibut.
No person shall label or offer for sale any food fish product designated as halibut, with or without additional descriptive words, unless such food fish...
616.220 Injunction against violations of ORS 616.215.
In addition to the remedies provided by ORS 616.205 to 616.295, the State Department of Agriculture or its authorized agents may apply to the circuit...
616.225 Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity.
(1) Whenever a duly authorized representative of the State Department of Agriculture finds, or has probable cause to believe, that any food or consumer commodity...
616.230 Definitions and standards; conformity to federal regulations; rules.
(1) The State Department of Agriculture, by rule, shall establish definitions and standards of identity, quality and fill of container for the State of Oregon....
616.235 When food deemed adulterated; rules.
A food shall be deemed to be adulterated: (1)(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to...
616.240 [Repealed by 1965 c.501 §10]
616.245 Adding poisonous or deleterious substance; rules.
Any poisonous or deleterious substance, other than a pesticide, added to any food except when the substance is required in the production thereof or cannot...
616.250 When food deemed misbranded; rules.
A food shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular, or fails to conform to ORS...
616.255 [Repealed by 1973 c.227 §9 (616.256 enacted in lieu of 616.255)]
616.256 Labeling exemption for foods to be repackaged; rules.
The State Department of Agriculture may by rule exempt from any of the labeling requirements of ORS 616.205 to 616.385, food which is, in accordance...
616.260 [Repealed by 1973 c.227 §26]
616.265 When advertisement deemed false.
An advertisement of a food shall be deemed to be false if it is false or misleading in any particular.
616.270 Determining when label or advertisement misleading.
If any article is alleged to be misbranded because the labeling is misleading, or if any advertisement is alleged to be false because it is...
616.275 Liability for dissemination of false advertisement.
No publisher, radio broadcast licensee or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article...
616.280 [Repealed by 1961 c.637 §17]
616.285 [Repealed by 1973 c.227 §11 (616.286 enacted in lieu of 616.285)]
616.286 Inspection and investigation powers of department.
(1) For purposes of enforcement of ORS 616.205 to 616.385, the State Department of Agriculture or any of its authorized representatives are authorized upon presentation...
616.290 [Repealed by 1973 c.227 §26]
616.295 Reports and information issuable by department.
(1) The State Department of Agriculture may cause to be published from time to time reports summarizing all judgments and court orders which have been...
616.300 [Repealed by 1953 c.686 §37]
616.305 District attorney to prosecute violations.
The district attorney of each county to whom the State Department of Agriculture or its authorized representative reports any violation of ORS 616.205 to 616.295...
616.310 Notice or warning of minor violations.
Nothing in ORS 616.205 to 616.295, 616.305 to 616.315 and 616.992 shall be construed as requiring the State Department of Agriculture to report for the...
616.315 Jurisdiction of courts.
Justice courts have concurrent jurisdiction with the circuit courts for the enforcing of the provisions of ORS 616.205 to 616.295, 616.305 to 616.315 and 616.992....
616.320 Short title.
ORS 616.205 to 616.385 may be cited as the Oregon Food Law. [Amended by 2001 c.320 §7]
616.325 Consumer commodity labeling requirements; restrictions on consumer commodity distribution; rulemaking; conformance to federal standards.
(1) All labels of consumer commodities shall conform to such requirements for the declaration of net quantity of contents as the State Department of Agriculture...
616.330 Alcoholic beverage exemption.
ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.341, 616.350 to 616.366, 616.790, 616.992, rules adopted by the Department of Human...
616.333 Diethylstilbestrol use in food; label.
(1) A retail or wholesale food distributor shall place a warning label on food containing diethylstilbestrol. (2) The label shall state: ______________________________________________________________________________ WARNING: This product...
616.335 Definition for ORS 616.205 and 616.335 to 616.385.
As used in ORS 616.205 and 616.335 to 616.385, �experts qualified by scientific training and experience to evaluate the safety of food additives� or similar...
616.340 [1961 c.637 §4; repealed by 1973 c.227 §16 (616.341 enacted in lieu of 616.340)]
616.341 Use of poisons, pesticides or food additives restricted.
Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, with respect...
616.345 Rules governing use of pesticide chemicals.
(1) The State Department of Agriculture shall promulgate rules establishing tolerances for pesticide chemicals or exempting them from the necessity of a tolerance as provided...
616.350 Control of food additives; rules.
The State Department of Agriculture, for the protection of the health and life of animals or the people of this state, may take measures to...
616.355 Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350.
(1) Whenever the State Department of Agriculture determines under the provisions of ORS 616.341, 616.345 or 616.350 the fact that a product or food does...
616.360 Standards for rules.
In the promulgation of rules under ORS 616.341, 616.345, 616.350, 616.366 and 616.380, the State Department of Agriculture shall give appropriate consideration to: (1) Measures...
616.365 [1961 c.637 §10; repealed by 1973 c.227 §21 (616.366 enacted in lieu of 616.365)]
616.366 Rules for use of poisons, pesticides, food or color additives; matters to be considered.
(1) The State Department of Agriculture, whenever public health or other considerations in this state so require, is authorized to adopt, amend or repeal rules...
616.370 [1961 c.637 §11; repealed by 1973 c.227 §26]
616.375 [1961 c.637 §12; repealed by 1973 c.227 §26]
616.380 Enforcement procedure for control of food additives.
Whenever the State Department of Agriculture determines the fact that a product or food containing a food additive is or may seriously endanger or affect...
616.385 Public hearing required for rules.
All rules promulgated under ORS 616.335 to 616.385 shall only be promulgated after public hearing and shall be in accordance with the applicable provisions of...
616.405 [Renumbered 632.900]
616.406 [1989 c.1025 §2; repealed by 2001 c.320 §10]
616.410 [Renumbered 632.905]
616.411 [1989 c.1025 §3; repealed by 2001 c.320 §10]
616.415 [Renumbered 632.910]
616.416 [1989 c.1025 §4; 2001 c.104 §239; repealed by 2001 c.320 §10]
616.420 [Renumbered 632.915]
616.421 [1989 c.1025 §5; repealed by 2001 c.320 §10]
616.425 [Renumbered 632.920]
616.426 [1989 c.1025 §11; 2001 c.104 §240; repealed by 2001 c.320 §10]
616.430 [Renumbered 632.925]
616.435 [Renumbered 632.930]
616.440 [Renumbered 632.935]
616.445 [Amended by 1973 c.587 §1; renumbered 632.940]
616.450 [Renumbered 632.955]
616.455 [Renumbered 632.960]
616.460 [Renumbered 632.965]
616.465 [Renumbered 632.970]
616.470 [Renumbered 632.975]
616.475 [Renumbered 632.980]
616.480 [Amended by 1955 c.363 §14; renumbered 632.985]
616.505 [Renumbered 632.450]
616.510 [Renumbered 632.455]
616.515 [Renumbered 632.460]
616.520 [Renumbered 632.465]
616.525 [Renumbered 632.470]
616.530 [Renumbered 632.475]
616.535 [Renumbered 632.480]
616.540 [Renumbered 632.485]
616.545 [Renumbered 632.490]
616.550 [Repealed by 1963 c.461 §34]
616.605 [Amended by 1965 c.13 §1; 1971 c.318 §1; renumbered 632.275]
616.610 [Renumbered 632.280]
616.615 [Renumbered 632.285]
616.620 [Renumbered 632.290]
616.625 [Repealed by 1965 c.107 §7]
616.630 [Repealed by 1965 c.107 §7]
616.635 [Repealed by 1965 c.107 §7]
616.640 [Repealed by 1965 c.107 §7]
616.695 Definitions for ORS 616.695 to 616.755.
As used in ORS 616.695 to 616.755, unless the context requires otherwise: (1) �Department� means the State Department of Agriculture. (2) �Food establishment� means: (a)...
616.700 Department to enforce sanitation requirements for food and food establishments; rules.
The State Department of Agriculture shall enforce the provisions of ORS 616.695 to 616.755 and adopt rules necessary therefor in accordance with the applicable provisions...
616.705 [Repealed by 1965 c.501 §10]
616.706 Licenses; sanctions; changes; posting; cancellation; fees.
(1) Except as otherwise provided in ORS 616.695 to 616.755, a person may not operate a food establishment without first obtaining and thereafter maintaining a...
616.708 Additional users of establishment; fees; rules.
(1) The State Department of Agriculture may issue licenses under ORS 616.695 to 616.755 to one or more additional users of a food establishment that...
616.710 [Repealed by 1965 c.501 §10]
616.711 Where licenses not required; when ORS 616.695 to 616.755 not applicable.
(1) No license or duplicate of a license, as prescribed in ORS 616.706, is necessary for food establishments where the principal activity is the receiving,...
616.715 [Repealed by 1965 c.501 §10]
616.716 When inspection authorized; ORS 616.695 to 616.755 in addition to other laws.
(1) The State Department of Agriculture may inspect the applicant�s food establishment and shall not issue a license until or unless such establishment is in...
616.720 [Repealed by 1965 c.501 §10]
616.721 Exemptions from ORS 616.695 to 616.755.
(1) Except as provided in subsection (5) of this section, the provisions of ORS 616.695 to 616.755 do not apply to a food establishment that...
616.725 [Repealed by 1965 c.501 §10]
616.726 City regulation of food and food establishments authorized; department to examine city regulation for adequacy.
(1) The provisions of ORS 616.695 to 616.755 do not prohibit any city from enacting and enforcing any ordinance establishing a system, program, inspection services...
616.730 [Repealed by 1965 c.501 §10]
616.731 Deposit and use of fees and money.
The State Department of Agriculture shall deposit all fees paid to it under this chapter in the Department of Agriculture Service Fund. Such fees are...
616.735 When insanitary conditions exist.
A food establishment shall be considered unclean, unhealthful and insanitary if: (1) Food in the food establishments is not protected from adulteration as defined in...
616.740 Condemnation where insanitary conditions exist.
(1) Whenever the State Department of Agriculture determines that any floor, sidewall, ceiling, locker, closet, furniture, receptacle, implements or machinery of any food establishment is...
616.745 Handling of food by diseased persons prohibited; rules.
(1) The Department of Human Services may, by rule, define certain communicable diseases which may be spread to the public through the handling of food...
616.750 Procedure where food handler suspected of disease.
If the State Department of Agriculture for reasonable cause believes that any person working in any food establishment is affected with any infectious or contagious...
616.755 Securing information from health officers.
The State Department of Agriculture may, for the purpose of enforcing the provisions of ORS 616.745 and 616.750, request information from any city, county or...
616.760 [Repealed by 1965 c.501 §10]
616.765 [Repealed by 1965 c.501 §10]
616.770 [Repealed by 1965 c.501 §10]
616.775 Definitions for ORS 616.775 to 616.790.
As used in ORS 616.775 to 616.790 unless the context requires otherwise: (1) �Bread,� �rolls� and �buns� have the same meaning as they have in...
616.780 Standards of quality or identity for flours, macaroni and noodle products.
The State Department of Agriculture shall adopt and promulgate standards of identity or standards of quality for flours, macaroni products and noodle products pursuant to...
616.785 Sale of unenriched flours, macaroni or noodle products prohibited; certain products exempted.
(1) It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale for human consumption any of the flours, macaroni...
616.790 Enforcement of ORS 616.775 to 616.790 by department; inspection; sampling; failure to permit inspection; rules.
(1) The State Department of Agriculture shall enforce ORS 616.775 to 616.790 and 616.992 and shall have, in connection therewith, all the powers conferred and...
616.800 Short title.
ORS 616.800 to 616.835 and 616.994 may be cited as the Open Date Labeling Law. [1973 c.173 §2]
616.805 Definitions for ORS 616.800 to 616.835 and 616.994.
As used in ORS 616.800 to 616.835 and 616.994, unless the context requires otherwise: (1) �Food� means any substance used or intended to be used...
616.810 Exemption for alcoholic beverages.
ORS 616.800 to 616.835 and 616.994 do not apply to alcoholic beverages. [1973 c.173 §9]
616.815 Open date labeling required for packaged perishable food sold at retail.
No person shall sell or offer for sale at retail any packaged perishable food unless the package bears a clearly marked, printed or stamped label...
616.820 Label required to be affixed to package not later than time of delivery to retail seller.
(1) The perishable food manufacturer, processor or packager shall affix, print or stamp the label required by ORS 616.815 to the perishable food retail package...
616.825 Sale of perishable food after expiration of pull date prohibited; exceptions; time for removal of packages with expired pull dates.
(1) No person shall sell or offer for sale at retail any packaged perishable food after the expiration of the open pull date appearing on...
616.830 Altering labels or using nonconforming labels prohibited.
No person shall: (1) Alter, deface or remove the open date from any perishable food retail or shipping package carton, container or wrapper. (2) Label...
616.835 Rulemaking authority.
In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, in consultation with the industries affected, shall promulgate rules to...
616.850 Definitions for ORS 616.850 to 616.890.
As used in ORS 616.850 to 616.890, unless the context requires otherwise: (1) �Consumer commodity� means any of the following items: (a) Food, including all...
616.855 Items exempt from unit pricing requirements.
ORS 616.850 to 616.890 and 616.996 do not apply to: (1) Fresh fruits and vegetables. (2) Products sold in quantities of one avoirdupois ounce, or...
616.860 Unit pricing of packaged consumer commodities required; explanation to consumers.
(1) Except as provided in ORS 616.855 and 616.865, no person shall sell or offer for retail sale at a grocery store or food market...
616.865 Temporary sale items exempt.
When a packaged consumer commodity is sold or offered for sale at retail at a price lower than the price at which the commodity is...
616.870 Prescribed pricing by units of measurement.
Retail sellers of packaged consumer commodities shall express unit retail price statements in terms of the price per single whole unit of weight, volume, measure...
616.875 Rules; retail establishments presumed subject to unit pricing until exempted by department.
(1) In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture may promulgate rules for the administration and enforcement of...
616.880 Written warning notice for minor violation.
Nothing in ORS 616.850 to 616.890 and 616.996 shall be construed as requiring the State Department of Agriculture to cite incidental or minor violations of...
616.885 [1977 c.181 §10; 1991 c.734 §54; renumbered 616.996 in 2001]
616.890 Short title.
ORS 616.850 to 616.890 and 616.996 may be cited as the Unit Pricing Law. [1977 c.181 §2] PENALTIES
616.900 [1989 c.1025 §8; 1991 c.734 §55; 2001 c.320 §9; repealed by 2001 c.320 §10]
616.990 [Subsection (2) of 1959 Replacement Part renumbered as part of 561.990; subsection (3) enacted as 1961 c.637 §16; 1965 c.107 §3; subsection (10) enacted as 1971 c.176 §9; repealed by 1973 c.227 §26]
616.992 General criminal penalty.
The first violation of any provisions of this chapter, ORS 632.275 to 632.290, 632.450 to 632.490 and 632.900 to 632.985 or of any rule promulgated...
616.994 Criminal penalty for open date labeling law violations.
Violation of any provision of ORS 616.800 to 616.835 or of any rule promulgated pursuant thereto is a Class B misdemeanor. [1973 c.173 §10]
616.996 Civil penalty; judicial review.
(1) Any person who pursues a continued course of violation of ORS 616.860 to 616.870 shall forfeit and pay to the General Fund of the...

Last modified: August 7, 2008