Oregon Statutes - Chapter 646 - Trade Practices and Antitrust Regulation

• 646.010   Designation and scope of ORS 646.010 to 646.180.
  ORS 646.010 to 646.180 shall be known and designated as the Anti-price Discrimination Law; and the inhibitions against discrimination in those sections shall embrace any...
• 646.020   Definitions and explanations.
  (1) When used in ORS 646.010 to 646.180, unless the context otherwise requires: (a) “Commerce” means trade or commerce within this state, exclusive of food...
• 646.030   Application to cooperative associations.
  ORS 646.010 to 646.180 shall not prevent a cooperative association from returning to its members, producers or consumers the whole, or any part of, the...
• 646.040   Price discrimination prohibited; price differentials.
  (1) It is unlawful for any person engaged in commerce or food commerce, or both, in the course of such commerce, either directly or indirectly,...
• 646.050   Establishing prima facie case of discrimination; justification of discrimination.
  Upon proof being made, in any suit or other proceeding in which any violation of ORS 646.010 to 646.180 is at issue, that there has...
• 646.060   Commissions and allowances.
  No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay, grant, receive or accept anything of value...
• 646.070   Special payments to customers.
  No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay or contract for the payment of anything...
• 646.080   Special services to customers.
  No person engaged in commerce or food commerce, or both, in the course of such commerce, shall discriminate in favor of one purchaser against another...
• 646.090   Inducing or receiving price discrimination prohibited.
  No person engaged in commerce or food commerce, or both, in the course of such commerce, shall knowingly induce or receive a discrimination in price...
• 646.100   [Amended by 1963 s.s. c.2 §3; repealed by 1975 c.255 §17]
• 646.105   [1963 s.s. c.2 §2; repealed by 1975 c.255 §17]
• 646.110   [Repealed by 1975 c.255 §17]
• 646.120   [Repealed by 1975 c.255 §17]
• 646.130   Cost surveys as evidence.
  Where a particular trade or industry, of which the person, firm or corporation complained against is a member, has an established cost survey for the...
• 646.140   Enjoining violations; treble damages; attorney fees; limitation on commencement of actions.
  (1) Any person injured by any violation, or who will suffer injury from any threatened violation, of ORS 646.010 to 646.180 may maintain an action...
• 646.150   Action for damages.
  If no injunctive relief is sought or required, any person injured by any violation of ORS 646.010 to 646.180 may maintain an action for damages...
• 646.160   Presumption of damages.
  In any proceedings instituted or action brought in pursuance of the provisions of ORS 646.140 or 646.150, the plaintiff, upon proof that the plaintiff has...
• 646.170   Requiring defendant to testify.
  Any defendant in an action brought under the provisions of ORS 646.140 to 646.160 may be required to testify under the provisions of ORCP 65...
• 646.180   Illegal contracts.
  Any contract, express or implied, made by any person in violation of any of the provisions of ORS 646.010 to 646.180 is an illegal contract...
• 646.185   [Formerly 646.200; 2001 c.639 §1; renumbered 646A.010 in 2007]
• 646.187   [1999 c.194 §3; renumbered 646A.012 in 2007]
• 646.189   [1999 c.194 §4; 2001 c.639 §2; 2003 c.576 §528; renumbered 646A.014 in 2007]
• 646.191   [1999 c.194 §5; renumbered 646A.016 in 2007]
• 646.193   [1999 c.194 §6; renumbered 646A.018 in 2007]
• 646.195   [1999 c.194 §7; renumbered 646A.020 in 2007]
• 646.200   [1989 c.273 §1; 1993 c.645 §§1,1a; 1995 c.713 §1; 1995 c.759 §1; 1997 c.132 §5; 1997 c.631 §507; 1999 c.194 §1; renumbered 646.185 in 1999]
• 646.202   [1989 c.273 §2; 1993 c.645 §2; 1995 c.713 §7; repealed by 1997 c.132 §8]
• 646.203   [1997 c.132 §1; repealed by 1999 c.194 §13]
• 646.204   [1989 c.273 §3; 1993 c.645 §§3,3a; 1995 c.79 §327; 1995 c.713 §2; repealed by 1997 c.132 §8]
• 646.205   [1997 c.132 §2; repealed by 1999 c.194 §13]
• 646.206   [1989 c.273 §4; 1995 c.713 §8; repealed by 1997 c.132 §8]
• 646.207   [1997 c.132 §3; repealed by 1999 c.194 §13]
• 646.208   [1989 c.273 §5; 1995 c.713 §3; repealed by 1997 c.132 §8]
• 646.209   [1997 c.132 §4; repealed by 1999 c.194 §13]
• 646.210   [Repealed by 1971 c.744 §27]
• 646.212   [1989 c.273 §6; 1993 c.645 §4; 1995 c.713 §4; repealed by 1997 c.132 §8]
• 646.214   [1993 c.645 §6; 1995 c.713 §9; repealed by 1997 c.132 §8]
• 646.216   [1993 c.645 §§7,7a; 1995 c.713 §5; repealed by 1997 c.132 §8]
• 646.217   [1995 c.713 §11; repealed by 1997 c.132 §8]
• 646.218   [1993 c.645 §§8,9; repealed by 1997 c.132 §8]
• 646.220   [Repealed by 1971 c.744 §27]
• 646.221   [1991 c.465 §1; renumbered 646A.340 in 2007]
• 646.225   [1991 c.465 §2; renumbered 646A.342 in 2007]
• 646.229   [1991 c.465 §3; 2005 c.384 §1; renumbered 646A.344 in 2007]
• 646.230   [Repealed by 1971 c.744 §27]
• 646.235   [1991 c.465 §4; renumbered 646A.346 in 2007]
• 646.240   [1991 c.465 §5; 1995 c.696 §34; 2005 c.384 §2; renumbered 646A.348 in 2007]
• 646.245   [1993 c.283 §1; renumbered 646A.120 in 2007]
• 646.247   [1993 c.283 §2; renumbered 646A.122 in 2007]
• 646.249   [1993 c.283 §3; renumbered 646A.124 in 2007]
• 646.251   [1993 c.283 §4; renumbered 646A.126 in 2007]
• 646.253   [1993 c.283 §5; renumbered 646A.128 in 2007]
• 646.255   [1993 c.283 §§6,7; renumbered 646A.130 in 2007]
• 646.257   [1993 c.283 §8; renumbered 646A.132 in 2007]
• 646.259   [1993 c.283 §9; renumbered 646A.134 in 2007]
• 646.260   [Repealed by 1975 c.255 §17]
• 646.263   [1995 c.801 §1; renumbered 646A.150 in 2007]
• 646.265   [1995 c.801 §2; renumbered 646A.152 in 2007]
• 646.267   [1995 c.801 §3; 2005 c.395 §1; renumbered 646A.154 in 2007]
• 646.269   [1995 c.801 §4; renumbered 646A.156 in 2007]
• 646.270   [Repealed by 1975 c.255 §17]
• 646.271   [1995 c.801 §5; renumbered 646A.158 in 2007]
• 646.273   [1995 c.801 §9; renumbered 646A.160 in 2007]
• 646.275   [1995 c.801 §10; renumbered 646A.162 in 2007]
• 646.277   [1995 c.801 §11; renumbered 646A.164 in 2007]
• 646.279   [1995 c.801 §12; renumbered 646A.166 in 2007]
• 646.280   [Repealed by 1975 c.255 §17]
• 646.281   [1995 c.801 §13; renumbered 646A.168 in 2007]
• 646.283   [1995 c.801 §14; renumbered 646A.170 in 2007]
• 646.285   [1995 c.801 §15; renumbered 646A.172 in 2007]
• 646.290   [Repealed by 1975 c.255 §17]
• 646.291   [1997 c.72 §1; renumbered 646A.280 in 2007]
• 646.293   [1997 c.72 §2; renumbered 646A.282 in 2007]
• 646.295   [1973 c.491 §2; repealed by 1975 c.255 §17]
• 646.296   [1997 c.72 §3; renumbered 646A.284 in 2007]
• 646.298   [1997 c.72 §4; renumbered 646A.286 in 2007]
• 646.300   [1997 c.72 §5; renumbered 646A.288 in 2007]
• 646.302   [1997 c.72 §6; renumbered 646A.290 in 2007]
• 646.310   [Repealed by 1975 c.92 §1 and by 1975 c.255 §17]
• 646.315   [1983 c.469 §1; 1985 c.16 §468; 1987 c.476 §1; 1989 c.171 §74; 1989 c.202 §1; 2007 c.382 §1; renumbered 646A.400 in 2007]
• 646.320   [Repealed by 1975 c.92 §1 and by 1975 c.255 §17]
• 646.325   [1983 c.469 §2; 1987 c.476 §6; renumbered 646A.402 in 2007]
• 646.330   [Repealed by 1975 c.92 §1 and by 1975 c.255 §17]
• 646.335   [1983 c.469 §3; 1987 c.476 §2; renumbered 646A.404 in 2007]
• 646.340   [Repealed by 1975 c.92 §1 and by 1975 c.255 §17]
• 646.345   [1983 c.469 §4; renumbered 646A.406 in 2007]
• 646.350   [Repealed by 1975 c.92 §1 and by 1975 c.255 §17]
• 646.355   [1983 c.469 §5; renumbered 646A.408 in 2007]
• 646.357   [1987 c.476 §4; renumbered 646A.410 in 2007]
• 646.359   [1987 c.476 §5; 1995 c.618 §96; 1999 c.346 §1; renumbered 646A.412 in 2007]
• 646.360   [Repealed by 1975 c.92 §1 and by 1975 c.255 §17]
• 646.361   [1987 c.476 §7; renumbered 646A.414 in 2007]
• 646.365   [1983 c.469 §6; renumbered 646A.416 in 2007]
• 646.370   [Repealed by 1975 c.92 §1 and by 1975 c.255 §17]
• 646.375   [1983 c.469 §7; renumbered 646A.418 in 2007]
• 646.380   [1993 c.582 §1; renumbered 646A.250 in 2007]
• 646.382   [1993 c.582 §§2,2a; 1997 c.631 §509; 2001 c.300 §77; 2001 c.377 §44; 2007 c.319 §30; renumbered 646A.252 in 2007]
• 646.384   [1993 c.582 §3; 2001 c.289 §1; renumbered 646A.254 in 2007]
• 646.386   [1993 c.582 §4; 1997 c.631 §510; 2005 c.21 §2; renumbered 646A.256 in 2007]
• 646.388   [1993 c.582 §5; 1997 c.631 §511; renumbered 646A.258 in 2007]
• 646.390   [1993 c.582 §6; 1997 c.631 §512; renumbered 646A.260 in 2007]
• 646.392   [1993 c.582 §7; renumbered 646A.262 in 2007]
• 646.394   [1993 c.582 §8; renumbered 646A.264 in 2007]
• 646.396   [1993 c.582 §§9,10; 2005 c.338 §7; renumbered 646A.266 in 2007]
• 646.397   [2005 c.338 §5; renumbered 646A.268 in 2007]
• 646.398   [2005 c.338 §6; renumbered 646A.270 in 2007]
• 646.400   [2001 c.969 §1; 2003 c.655 §80; renumbered 646A.050 in 2007]
• 646.402   [2001 c.969 §2; 2003 c.655 §81; 2005 c.41 §§7,8; renumbered 646A.052 in 2007]
• 646.404   [2001 c.969 §3; renumbered 646A.054 in 2007]
• 646.410   [Repealed by 1975 c.255 §17]
• 646.415   [1983 c.551 §1; 1993 c.406 §1; 2003 c.466 §1; renumbered 646A.300 in 2007]
• 646.419   [1989 c.404 §2; renumbered 646A.302 in 2007]
• 646.420   [Repealed by 1975 c.255 §17]
• 646.425   [1983 c.551 §2; 1991 c.83 §5; 1993 c.406 §6; 2003 c.466 §2; renumbered 646A.304 in 2007]
• 646.430   [Repealed by 1975 c.255 §17]
• 646.435   [1983 c.551 §3; 1993 c.406 §7; renumbered 646A.306 in 2007]
• 646.440   [Repealed by 1975 c.255 §17]
• 646.445   [1983 c.551 §4; 1993 c.406 §8; 2003 c.466 §3; renumbered 646A.308 in 2007]
• 646.447   [1993 c.406 §3; 2003 c.466 §4; renumbered 646A.310 in 2007]
• 646.449   [1993 c.406 §4; 2003 c.466 §5; renumbered 646A.312 in 2007]
• 646.450   [Repealed by 1975 c.255 §17]
• 646.451   [1993 c.406 §5; 2003 c.466 §6; 2003 c.598 §47a; renumbered 646.459 in 2003]
• 646.452   [2003 c.466 §8; renumbered 646A.314 in 2007]
• 646.453   [2003 c.466 §10; renumbered 646A.316 in 2007]
• 646.454   [2003 c.466 §9; renumbered 646A.318 in 2007]
• 646.455   [1983 c.551 §5; repealed by 2003 c.466 §12]
• 646.456   [2003 c.466 §11; renumbered 646A.320 in 2007]
• 646.459   [Formerly 646.451; renumbered 646A.322 in 2007]
• 646.460   [Repealed by 1975 c.255 §17]
• 646.461   Definitions for ORS 646.461 to 646.475.
  As used in ORS 646.461 to 646.475, unless the context otherwise requires: (1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach...
• 646.463   Enjoining misappropriation; payment of royalties; affirmative acts.
  (1) Actual or threatened misappropriation may be temporarily, preliminarily or permanently enjoined. Upon application to the court, an injunction shall be vacated when the trade...
• 646.465   Damages for misappropriation.
  (1) A complainant is entitled to recover damages adequate to compensate for misappropriation, unless a material and prejudicial change of position by a defendant prior...
• 646.467   Attorney fees.
  The court may award reasonable attorney fees to the prevailing party if: (1) A claim of misappropriation is made in bad faith; (2) A motion...
• 646.469   Preservation of trade secret by court; methods.
  In any action brought under ORS 646.461 to 646.475, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may...
• 646.471   Limitation on commencement of action.
  An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been...
• 646.473   Conflicting tort, restitution or other law providing civil remedies; exclusions for certain other remedies; limited immunity for public bodies and officers, employees and agents.
  (1) Except as provided in subsection (2) of this section, ORS 646.461 to 646.475 supersede conflicting tort, restitution or other law of Oregon providing civil...
• 646.475   Application and construction of ORS 646.461 to 646.475; short title; effect of invalidity.
  (1) ORS 646.461 to 646.475 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject...
• 646.482   [1997 c.562 §1; 1999 c.81 §1; 2007 c.70 §281; renumbered 646A.460 in 2007]
• 646.484   [1997 c.562 §2; renumbered 646A.462 in 2007]
• 646.486   [1997 c.562 §3; renumbered 646A.464 in 2007]
• 646.488   [1997 c.562 §4; renumbered 646A.466 in 2007]
• 646.490   [1997 c.562 §5; renumbered 646A.468 in 2007]
• 646.492   [1997 c.562 §6; renumbered 646A.470 in 2007]
• 646.494   [1997 c.562 §7; renumbered 646A.472 in 2007]
• 646.496   [1997 c.562 §8; renumbered 646A.474 in 2007]
• 646.498   [1997 c.562 §9; 2001 c.542 §8; 2003 c.14 §392; renumbered 646A.476 in 2007]
• 646.500   [2001 c.767 §1; renumbered 646A.500 in 2007]
• 646.501   [2001 c.767 §2; renumbered 646A.502 in 2007]
• 646.502   [2001 c.767 §3; renumbered 646A.504 in 2007]
• 646.503   [2001 c.767 §§4,8; renumbered 646A.506 in 2007]
• 646.504   [2001 c.767 §§5,9; renumbered 646A.508 in 2007]
• 646.505   [2001 c.767 §6; renumbered 646A.510 in 2007]
• 646.506   [2001 c.767 §7; renumbered 646A.512 in 2007]
• 646.507   [2001 c.767 §10; renumbered 646A.514 in 2007]
• 646.510   [Repealed by 1953 c.391 §2]
• 646.515   Definitions for ORS 646.515 to 646.545.
  As used in ORS 646.515 to 646.545, unless the context requires otherwise: (1) “Agricultural commodity” means any and all agricultural, horticultural, viticultural and vegetable products...
• 646.520   [Repealed by 1953 c.391 §2]
• 646.525   Cooperative bargaining associations authorized.
  Producers shall have the right to join voluntarily and belong to cooperative bargaining associations. [1963 c.514 §2]
• 646.530   [Repealed by 1953 c.391 §2]
• 646.535   Unfair trade practices prohibited; exception.
  (1) A dealer may not knowingly engage in the following unfair trade practices: (a) Interfere with, restrain, coerce or boycott a producer in the exercise...
• 646.540   [Repealed by 1953 c.391 §2]
• 646.545   Remedy for unfair trade practices; attorney fees.
  (1) In addition to any other remedies provided by law, any producer injured by a violation of ORS 646.535 may maintain an action for damages...
• 646.550   [Repealed by 1953 c.391 §2]
• 646.551   Definitions for ORS 646.551 to 646.557.
  As used in ORS 646.551 to 646.557, unless the context requires otherwise: (1) “Telephonic seller” means a person who, on the person’s own behalf, or...
• 646.553   Registration of telephonic sellers; fee; Attorney General as attorney for service of process; rules.
  (1) A telephonic seller shall not conduct business in this state without having registered with the Department of Justice at least 10 days prior to...
• 646.555   Burden of proof for person claiming exemption.
  In any proceeding to enforce the provisions of ORS 646.551 to 646.565 and 646.608, the burden of proving an exemption or exception is upon the...
• 646.557   Required disclosures by telephonic seller.
  In addition to complying with the requirements of ORS 646.553, each telephonic seller, at the time the solicitation is made and prior to consummation of...
• 646.559   Rules.
  In accordance with any applicable provision of ORS chapter 183, the Attorney General may adopt rules to carry out the provisions of ORS 646.551 to...
• 646.560   [Repealed by 1953 c.391 §2]
• 646.561   Definitions for ORS 646.561 to 646.565.
  As used in ORS 646.561 to 646.565, unless the context otherwise requires: (1) “Charitable organization” means an organization organized for charitable purposes as defined in...
• 646.563   Telephone solicitation of party who states desire not to be called.
  A person engages in an unlawful practice if, during a telephone solicitation, the called party states a desire not to be called again and the...
• 646.565   Notice of provisions of ORS 646.561 and 646.563; rulemaking by Public Utility Commission.
  The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.561 and 646.563. Notification may be by:...
• 646.567   Definitions for ORS 646.567 to 646.578.
  As used in ORS 646.567 to 646.578, unless the context otherwise requires: (1) “Charitable organization” means an organization organized for charitable purposes as defined in...
• 646.568   Findings and purpose.
  (1) The Legislative Assembly finds that: (a) Fraud committed by means of unwanted telephone solicitations causes economic harm to Oregonians and constitutes an invasion of...
• 646.569   Prohibition on telephone solicitation of party whose name is included on list described in ORS 646.574 or on federal registry designated under ORS 646.572.
  (1) A person may not engage in the telephone solicitation of a party at a telephone number included on the then current list: (a) Published...
• 646.570   [Repealed by 1953 c.391 §2]
• 646.571   [1989 c.451 §3; 1999 c.564 §7; renumbered 646.578 in 1999]
• 646.572   Administration of telephone solicitation program through contract or by designation of federal registry; contract provisions; duty of Attorney General.
  (1) The Attorney General shall either: (a) Advertise for bids and enter into a contract with a person to act as the administrator of the...
• 646.574   List of persons who do not wish to receive telephone solicitations; fee; disclosure of list; complaints.
  (1) If the Attorney General enters into a contract pursuant to ORS 646.572 (1)(a), the administrator of the telephone solicitation program shall create, maintain and...
• 646.576   Rules.
  In the manner provided by ORS chapter 183, the Attorney General may adopt rules relating to any aspect of the establishment, operation or administration of...
• 646.578   Notice of provisions of ORS 646.567 to 646.578; rulemaking by Public Utility Commission.
  The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.567 to 646.578 and 646.608. Notification may...
• 646.580   [Repealed by 1953 c.391 §2]
• 646.590   [Repealed by 1953 c.391 §2]
• 646.600   [Repealed by 1953 c.391 §2]
• 646.605   Definitions for ORS 646.605 to 646.652.
  As used in ORS 646.605 to 646.652: (1) “Appropriate court” means the circuit court of a county: (a) Where one or more of the defendants...
• 646.607   Unlawful business, trade practices.
  A person engages in an unlawful practice when in the course of the person’s business, vocation or occupation the person: (1) Employs any unconscionable tactic...
• 646.608   Additional unlawful business, trade practices; proof; rules.
  (1) A person engages in an unlawful practice when in the course of the person’s business, vocation or occupation the person does any of the...
• 646.609   “Pyramid club” and “investment” defined.
  As used in ORS 646.608 (1)(r), “pyramid club” means a sales device whereby a person, upon condition that the person make an investment, is granted...
• 646.610   [Repealed by 1953 c.391 §2]
• 646.611   Information required to be given by telephone or door to door seller to potential customer.
  A person who solicits potential customers by telephone or door to door as a seller is in violation of ORS 646.608 (1)(n) unless the person:...
• 646.612   Application of ORS 646.607 and 646.608.
  ORS 646.607 and 646.608 do not apply to: (1) Conduct in compliance with the orders or rules of, or a statute administered by a federal,...
• 646.615   [1965 c.490 §3; 1967 c.144 §1; 1967 c.599 §2; repealed by 1971 c.744 §6 (646.608 enacted in lieu of 646.615)]
• 646.618   Investigative demand; petition to modify.
  (1) When it appears to the prosecuting attorney that a person has engaged in, is engaging in, or is about to engage in any act...
• 646.620   [Repealed by 1953 c.391 §2]
• 646.622   Method of serving investigative demand.
  Service of any investigative demand under ORS 646.618 shall be made personally within this state. If personal service within this state cannot be made, substituted...
• 646.625   [1965 c.490 §1; repealed by 1971 c.744 §27]
• 646.626   Effect of failure to obey investigative demand.
  (1) If any person, after being served with an investigative demand under ORS 646.622, fails or refuses to obey an investigative demand issued by the...
• 646.630   [Repealed by 1953 c.391 §2]
• 646.632   Enjoining unlawful trade practices; assurance of voluntary compliance; attorney fees.
  (1) A prosecuting attorney who has probable cause to believe that a person is engaging in, has engaged in, or is about to engage in...
• 646.635   [1965 c.490 §§4, 5; 1967 c.599 §3; repealed by 1971 c.744 §27]
• 646.636   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...
• 646.638   Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim.
  (1) Except as provided in subsection (8) of this section, any person who suffers any ascertainable loss of money or property, real or personal, as...
• 646.639   Unlawful debt collection practices.
  (1) As used in subsection (2) of this section: (a) “Consumer” means a natural person who purchases or acquires property, services or credit for personal,...
• 646.640   [Repealed by 1953 c.391 §2]
• 646.641   Civil action for unlawful debt collection practice; damages; attorney fees; time for commencing action.
  (1) Any person injured as a result of willful use or employment by another person of an unlawful collection practice may bring an action in...
• 646.642   Civil penalties.
  (1) Any person who willfully violates the terms of an injunction issued under ORS 646.632 shall forfeit and pay to the state a civil penalty...
• 646.643   Applicability of ORS 646.639.
  A debt collector who is subject to and in compliance with the requirements of the Fair Debt Collection Practices Act (Public Law 95-109, 15 U.S.C....
• 646.645   [1965 c.490 §6; repealed by 1971 c.744 §27]
• 646.646   Loss of license or franchise by person violating injunction.
  Upon petition by the prosecuting attorney, the court may, in its discretion, order the dissolution or suspension or forfeiture of the license or franchise of...
• 646.648   Unlawful practice by manufactured dwelling dealer.
  (1) As used in this section: (a) “Buyer” means a person who buys or agrees to buy a manufactured dwelling from a manufactured dwelling dealer....
• 646.649   Late fees on delinquent cable service accounts; amount; disclosure; notice.
  (1) As used in this section: (a) “Cable service” means: (A) One-way transmission to subscribers of a video programming service; (B) Two-way interactive service delivered...
• 646.650   [Repealed by 1953 c.391 §2]
• 646.651   Contest and sweepstakes solicitations; required disclosures; prohibited representations.
  (1) As used in this section: (a) “Contest” means a procedure for awarding a prize in which the outcome depends at least in part on...
• 646.652   District attorney’s reports 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...
• 646.655   [1967 c.599 §5; repealed by 1971 c.744 §27]
• 646.656   Remedies supplementary to existing statutory or common law remedies.
  The remedies provided in ORS 646.605 to 646.652 are in addition to all other remedies, civil or criminal, existing at common law or under the...
• 646.660   [Repealed by 1953 c.391 §2]
• 646.661   [1985 c.694 §1; 2007 c.71 §200; renumbered 646A.030 in 2007]
• 646.666   [1985 c.694 §2; renumbered 646A.032 in 2007]
• 646.670   [Repealed by 1953 c.391 §2]
• 646.671   [1985 c.694 §3; renumbered 646A.034 in 2007]
• 646.676   [1985 c.694 §5; renumbered 646A.036 in 2007]
• 646.680   [Repealed by 1953 c.391 §2]
• 646.681   [1985 c.694 §4; renumbered 646A.038 in 2007]
• 646.686   [1985 c.694 §6; 2007 c.71 §201; renumbered 646A.040 in 2007]
• 646.690   [Repealed by 1953 c.391 §2]
• 646.691   [1985 c.694 §7; 2007 c.71 §202; renumbered 646A.042 in 2007]
• 646.700   [Repealed by 1953 c.391 §2]
• 646.705   Definitions for ORS 136.617 and 646.705 to 646.805.
  (1) As used in ORS 136.617 and 646.705 to 646.805, “trade or commerce” means trade or commerce within the state; or between the state and...
• 646.710   [Repealed by 1953 c.391 §2]
• 646.715   Declaration of purpose.
  (1) The Legislative Assembly deems it to be necessary and the purpose of ORS 646.705 to 646.805 and 646.990 is to encourage free and open...
• 646.720   [Repealed by 1953 c.391 §2]
• 646.725   Prohibited acts.
  Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is declared to be illegal. [1975 c.255
• 646.730   Monopolies prohibited.
  Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of trade...
• 646.740   Permitted activities.
  The provisions of ORS 136.617, 646.705 to 646.805 and 646.990 may not be construed to make illegal: (1) The activities of any labor organization or...
• 646.745   Joint operation of Memorial Coliseum and Arena in Portland; definitions; legislative findings and goals; state supervision.
  (1) As used in this section: (a) “Affiliate” means an individual, or a corporation or other entity controlling, controlled by or under common control with...
• 646.750   Investigative demand by Attorney General; petition to modify.
  (1) When it appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act...
• 646.760   Civil penalties; attorney fees; mitigation.
  (1) The Attorney General may prosecute an action for appropriate injunctive relief and civil penalties in the name of the state for any violation of...
• 646.770   Equitable remedies; attorney fees.
  (1) Any person including the state or any municipal corporation or political subdivision threatened with injury in its business or property by a violation of...
• 646.775   Actions by Attorney General; damages; attorney fees.
  (1)(a) The Attorney General may bring a civil action in the name of the State of Oregon, on behalf of a political subdivision in this...
• 646.780   Recovery of treble damages; exception; recovery of fees and costs; action under federal law as bar.
  (1)(a) A person including the state or any political subdivision in the state injured in its business or property by a violation of ORS 646.725...
• 646.790   Venue.
  A suit or action based upon any violation of ORS 646.725 or 646.730 may be commenced in any circuit court within the state, in which...
• 646.800   Time of commencing action.
  (1) An action under ORS 646.760 to recover a civil penalty shall be commenced within four years after the cause of action accrued, or within...
• 646.805   Effect of prior final judgment or decree.
  (1) A final judgment or decree heretofore or hereafter rendered in any civil or criminal proceeding brought by or on behalf of the United States...
• 646.810   [Repealed by 1971 c.744 §27]
• 646.815   Criminal prosecutions; compromise of criminal charges; effect of prior action seeking civil penalties.
  (1) Exclusive jurisdiction for criminal prosecution of any violation of ORS 646.725 or 646.730 is vested in the Attorney General. At any time, the Attorney...
• 646.820   [Repealed by 1971 c.744 §27]
• 646.821   Taking testimony for investigative demand.
  The oral testimony of any person taken pursuant to a demand served under ORS 646.750 shall be taken in the county in which such person...
• 646.823   Attendance of Attorney General at grand jury proceedings.
  Notwithstanding ORS 132.090 (1) the Attorney General may attend grand jury proceedings, advise it in relation to its duties, subpoena and examine witnesses and prepare...
• 646.826   Counsel for persons testifying; grounds for refusing to answer questions; compelling testimony; exclusion of spectators.
  (1) Any person compelled to appear under a demand for oral testimony pursuant to ORS 646.750 may be accompanied, represented and advised by counsel with...
• 646.830   [Repealed by 1971 c.744 §27]
• 646.831   Fees and mileage for persons testifying.
  Any person appearing for oral examination pursuant to a demand served under ORS 646.750 shall be entitled to the fees and mileage provided for witnesses...
• 646.836   Confidential status of investigative material; permitted disclosures; use of information in other proceedings; return of investigative material.
  (1) While in the possession of the Attorney General any documentary material, answers to interrogatories and transcripts of oral testimony shall be held in confidence...
• 646.840   [Repealed by 1971 c.744 §27]
• 646.845   [2001 c.924 §5; renumbered 646A.080 in 2007]
• 646.848   [2003 c.803 §1; 2007 c.475 §2; renumbered 646A.060 in 2007]
• 646.849   [2003 c.803 §2; 2007 c.475 §3; renumbered 646A.062 in 2007]
• 646.850   [1985 c.538 §1(1), (3); 2001 c.924 §20; renumbered 646A.070 in 2007]
• 646.855   [1985 c.538 §§1(2),2; renumbered 646A.072 in 2007]
• 646.857   [1989 c.458 §1; renumbered 646A.140 in 2007]
• 646.859   [1989 c.458 §2; renumbered 646A.142 in 2007]
• 646.860   [1969 c.395 §1; 1985 c.251 §2; renumbered 815.410]
• 646.861   [1989 c.1013 §1; renumbered 646A.240 in 2007]
• 646.863   [1989 c.1013 §2; renumbered 646A.242 in 2007]
• 646.865   [1989 c.1013 §3; renumbered 646A.244 in 2007]
• 646.868   [Formerly 646.890; renumbered 646A.085 in 2007]
• 646.870   [1973 c.456 §2; renumbered 646A.350 in 2007]
• 646.871   [1993 c.700 §1; renumbered 646A.095 in 2007]
• 646.872   [1989 c.621 §3; renumbered 646A.360 in 2007]
• 646.874   [1991 c.593 §1; 1993 c.87 §1; renumbered 646A.325 in 2007]
• 646.875   [1981 c.807 §1; 1985 c.751 §1 (1), (2) and (3); renumbered 646.930]
• 646.876   [1991 c.593 §2; 1993 c.87 §2; 1995 c.618 §105; renumbered 646A.327 in 2007]
• 646.877   [1999 c.669 §§1,2; 2003 c.486 §1; 2003 c.655 §83; 2007 c.382 §2; renumbered 646A.090 in 2007]
• 646.878   [1993 c.225 §§1 to 8; renumbered 646A.097 in 2007]
• 646.879   [1999 c.875 §5; 2001 c.404 §1; renumbered 646A.362 in 2007]
• 646.880   [1977 c.429 §10; renumbered 646.935]
• 646.881   Definitions for ORS 646.881 to 646.885.
  As used in ORS 646.881 to 646.885, unless the context requires otherwise: (1) “Advertisement” means any oral, written or graphic statement or representation made in...
• 646.883   Price comparison in advertisement prohibited; exceptions.
  It shall be unlawful for a seller to include a price comparison in an advertisement unless: (1) The seller clearly and conspicuously identifies in the...
• 646.885   Use of terms in advertisement containing price comparison.
  (1) The use of terms such as “regular,” “reduced,” “sale,” “usually,” “originally,” “clearance,” “liquidation” and “formerly” shall identify the origin of the price that the...
• 646.886   [2003 c.290 §1; renumbered 646A.200 in 2007]
• 646.887   [2003 c.290 §2; 2003 c.803 §28; renumbered 646A.202 in 2007]
• 646.888   [2003 c.290 §3; 2003 c.803 §29; renumbered 646A.204 in 2007]
• 646.889   [2003 c.290 §5; renumbered 646A.206 in 2007]
• 646.890   [1979 c.254 §1; 1981 c.897 §84; renumbered 646.868 in 2003]
• 646.892   [1993 c.58 §1; 1995 c.631 §2; renumbered 646A.210 in 2007]
• 646.893   [1995 c.631 §1; renumbered 646A.212 in 2007]
• 646.894   [1993 c.58 §2; 2003 c.312 §1; renumbered 646A.214 in 2007]
• 646.895   [1987 c.888 §1; renumbered 646A.220 in 2007]
• 646.897   [1987 c.888 §2; renumbered 646A.222 in 2007]
• 646.899   [1987 c.888 §§3,4; 2003 c.290 §4; renumbered 646A.230 in 2007]
• 646.901   [1989 c.206 §1; renumbered 646A.232 in 2007]
• 646.905   Definitions for ORS 646.910 to 646.923.
  As used in ORS 646.910 to 646.923: (1) “Alcohol” means a volatile flammable liquid having the general formula CnH(2n+1)OH used or sold for the purpose...
• 646.910   Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements.
  No wholesale or retail dealer may sell or offer to sell any gasoline blended or mixed with alcohol unless the blend or mixture meets the...
• 646.911   Sale of gasoline with oxygenate other than ethanol.
  Notwithstanding ORS 646.910, a person may sell, supply or offer to sell or supply gasoline in this state that contains any oxygenate other than ethanol,...
• 646.912   Study and monitoring of ethanol production, use and sales; notice required.
  (1) The State Department of Agriculture shall study and monitor ethanol fuel production, use and sales in this state. (2) When capacity of ethanol production...
• 646.913   Limitations on gasoline sales; requirements for ethanol content in gasoline; rules.
  (1) A retail dealer, nonretail dealer or wholesale dealer may not sell or offer for sale gasoline unless the gasoline contains 10 percent ethanol by...
• 646.915   Identification of blended gasoline required; method of identification.
  (1) A retail dealer or nonretail dealer of gasoline who knowingly sells or offers for sale gasoline that is blended with ethanol, methanol, co-solvent, alcohol...
• 646.920   Wholesale dealer; declaration of contents required.
  Before or at the time of delivery of gasoline from a wholesale dealer to a retail dealer or nonretail dealer, the wholesale dealer must give...
• 646.921   Study and monitoring of biodiesel production, use and sales; notices required.
  (1) The State Department of Agriculture shall study and monitor biodiesel fuel production, use and sales and certificates of analysis in this state. (2) When...
• 646.922   Limitations on sale of diesel fuel following notice; requirements for biodiesel content; rules.
  (1) Three months after the date of the notice given under ORS 646.921 (2), a retail dealer, nonretail dealer or wholesale dealer may not sell...
• 646.923   Retention of certificate of analysis; powers of Director of Agriculture; biodiesel testing; rules.
  (1) Each biodiesel or other renewable diesel producer, each operator of a biodiesel bulk facility and each person who imports biodiesel or other renewable diesel...
• 646.925   Enforcement; rules.
  The State Department of Agriculture shall enforce the provisions of ORS 646.910 to 646.923 and is authorized to make any rules necessary to carry out...
• 646.930   Motor vehicle fuel prices; requirements for display.
  (1) A person who operates a service station, business or other place for the purpose of retailing and delivering gasoline, diesel or other fuel into...
• 646.932   Posting of amount per gallon of gasoline that is federal, state and local tax; furnishing of information by Department of Transportation.
  (1) As used in this section, “gas station” includes a filling station, service station, garage or any other place where gasoline is sold for use...
• 646.935   Diesel fuel sales; price discrimination.
  (1) No person operating a service station selling to the public at retail diesel fuel, where delivery is regularly made into a receptacle on a...
• 646.945   Definitions for ORS 646.947 to 646.963.
  As used in ORS 646.947 to 646.963: (1) “Bulk facility” means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground...
• 646.947   Prohibited activities.
  Notwithstanding any other provision of ORS 646.947 to 646.963, it is unlawful for: (1) A dealer to sell or offer for sale any motor vehicle...
• 646.949   Signs identifying octane rating.
  (1) A dealer who sells or offers for sale any gasoline shall conspicuously display a sign on each side of the dispensing device, using descriptive...
• 646.951   Testing of motor vehicle fuel.
  (1) The Director of Agriculture may test motor vehicle fuel for the purpose of inspecting the motor vehicle fuel supply of any service station, business...
• 646.953   Orders of Director of Agriculture.
  (1) The Director of Agriculture may issue a stop-use order, hold order or removal order for any motor vehicle fuel offered or exposed for sale,...
• 646.955   Records required.
  (1) Each operator of a bulk facility and each person who imports motor vehicle fuels into this state for sale in this state shall keep,...
• 646.957   Rules.
  (1) In accordance with any applicable provision of ORS chapter 183, the Director of Agriculture, not later than December 1, 1997, shall adopt rules to...
• 646.959   Annual fee for metering instrument or device.
  (1) In addition to and not in lieu of the license fee required by ORS 618.141, each dealer that operates a metering instrument or device,...
• 646.961   Motor Vehicle Fuel Inspection Program Account.
  The Motor Vehicle Fuel Inspection Program Account is created in the Department of Agriculture Service Fund. Notwithstanding any other provision of law, all moneys in...
• 646.963   Civil penalties.
  (1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty as provided in subsection...
• 646.990   Penalties.
  (1) Each violation of any of the provisions of ORS 646.010 to 646.180 by any person, firm or corporation, whether as principal, agent, officer or...
• 646.992   [1973 c.456 §3; renumbered 646A.352 in 2007]

Last modified: August 7, 2008