2007 Oregon Code - Chapter 618 :: Chapter 618 - Weights and Measures
Chapter 618
Weights and Measures
2007 EDITION
WEIGHTS AND MEASURES
FOOD AND OTHER COMMODITIES
GENERAL PROVISIONS
618.010 Definitions
618.016 Policy
618.021 Duties
of director
618.026 Delegation
of duties and powers of department and director
618.031 Rulemaking
authority
618.036 Establishing
weights and measures system; use of federal system
618.041 Standards
for weights and measures system; security of state primary standard
618.046 Secondary
standards; verification of accuracy
618.051 Specifications
and tolerances of commercial weights and measures; consideration of federal
requirements; status of nonconforming weights and measures; rules
618.056 Testing
and inspecting weights and measures offered for sale or used commercially;
rules
618.061 Testing
weights and measures at institutions supported by state funds
618.066 Department
investigation of alleged weights and measures law violations; exempt devices
618.071 Inspection
and investigation authority of department; written notices for minor violations
618.076 Approving
use of weights and measures; use of certain terms describing condition of
equipment; seizure and destruction of nonconforming equipment
618.081 Owners
of weights and measures required to correct deficiencies; reexamination of
incorrect weights and measures prior to use
618.086 Orders
restricting distribution of weights and measures
618.091 Security
seal to be attached to weights and measures devices
618.096 Prohibited
acts involving commercial weights and measures
618.101 Evidentiary
presumptions regarding weights and measures law
618.115 Voluntary
inspection of weighing or measuring instruments; fees
LICENSING OF COMMERCIALLY OPERATED WEIGHING OR MEASURING INSTRUMENTS
618.121 License
required for commercially operated weighing or measuring instrument; scope of
license
618.126 Exemptions
from licensing requirement
618.131 Weights
and measures licenses in addition to other licenses; effect of conflicting laws
618.136 Establishing
license fees; renewals; disposition of fees
618.141 Maximum
license fees
618.146 Term
of licenses; suspension and revocation of licenses
618.151 Commercial
use of unlicensed weighing or measuring instrument prohibited
618.156 Forms,
certificates and identification tags; license application forms
618.161 Notice
of violation to owner or operator of unlicensed weighing or measuring
instrument; tagging or sealing instruments to prevent unauthorized use
COMMODITY SALES REGULATIONS
618.201 Sampling
of packages and commodities; ordering packages and commodities withheld from
sale; disposition after order
618.206 Manner
of selling commodities; exemptions; rules
618.211 Labeling
of packaged commodities; use of labeling terms restricted; scope of rules
618.216 Cost
per unit labeling requirements
618.221 Restriction
on manner of packaging commodities; fill of container requirements
618.226 Commodity
price and quantity advertising requirements; restriction on use of certain
advertising terms
618.231 Weight
defined; construction of term in sales transactions
618.236 Price
misrepresentation prohibited; expressing fractional prices
618.241 Written
invoice of certain commodity sales required; contents of writing
618.246
RAILROAD TRACK SCALE REGULATION
618.275 Testing
and inspection of scales; use without seal prohibited; sealing device; tests
and inspection of cars; interstate cooperation
LICENSING LAW ENFORCEMENT
618.406 Definitions;
citations for certain violations; delegation of authority; service of
citations; recording
SECURITY SEAL ENFORCEMENT
618.501 Definitions
618.506 Enjoining
security seal violations; notice to defendant; voluntary compliance; temporary
order; attorney fees and costs
618.511 Remedial
power of court
618.516 Civil
action by private party; damages; attorney fees and costs; effect of court
action; time for commencing action
618.521 Investigative
demand; petition to modify
618.526 Method
of serving investigative demand
618.531 Effect
of failure to obey investigative demand
618.541 Loss
of license for operation in violation of injunction
618.546 Reports
by district attorney to Attorney General; filing of voluntary compliances
618.551 Remedies
supplementary to existing statutory or common law remedies
PENALTIES
618.991 Penalties
618.995 Civil
penalties
GENERAL PROVISIONS
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 to be
performed, equipment or facilities for hire, or any other thing offered to the
public, via publishing or broadcasting media or by signs, banners, posters,
handbills, labels or similar devices, for the purpose of inducing, directly or
indirectly, the purchase or use of such commodities, services, equipment or
facilities.
(2) Commercial or commercially used
means any application or use in connection with or related to transactions in
which, in exchange for commodities received or services rendered, consideration
is given in terms of currency, negotiable instruments, credit, merchandise or
any other thing of value.
(3) Commodity means any merchandise,
product or substance produced or distributed for sale to, or use by, others.
(4) Commodity in bulk form means any
quantity of a commodity that is not a commodity in package form.
(5) Commodity in package form means any
quantity of a commodity put up or packaged in any manner in advance of sale, in
units suitable for either wholesale or retail sale by weight, volume, measure
or count, exclusive, however, of any auxiliary shipping container enclosing
packages that individually conform to the requirements of ORS 618.010 to
618.246. An individual item or lot of any commodity not in package form as
defined in this subsection, but on which there is marked a selling price based
on an established price per unit of weight or of measure, is a commodity in
package form.
(6) Department means the State
Department of Agriculture.
(7) Director means the Director of
Agriculture.
(8) Inspector means any state officer or
employee designated by the director as a supervisor of, or an inspector of,
weights and measures.
(9) Intrastate commerce means any and
all commerce or trade begun, carried on and completed wholly within the limits
of this state.
(10) Introduced into intrastate commerce
means the time and place at which the first sale and delivery of a commodity is
made within this state, the delivery being made either directly to the
purchaser or to a common carrier for shipment to the purchaser.
(11) Liquid-fuel measuring device means
any meter, pump, tank, gage or apparatus used for volumetrically determining
the quantity of any internal combustion engine fuel, liquefied petroleum gas or
low-viscosity heating oil.
(12) National Institute of Standards and
Technology means the National Institute of Standards and Technology of the
Department of Commerce of the
(13)
(14) Security seal means a lead-and-wire
seal, or similar nonreusable closure, attached to a weighing or measuring
instrument or device for protection against undetectable access, removal,
adjustment or unauthorized use.
(15) Vehicle means any wheeled
conveyance in, upon or by which any property, livestock or commodity is or may
be transported or drawn, but does not include railroad rolling stock.
(16) Weighing device means any scale,
balance or apparatus used for gravimetrically determining the quantity of any
commodity on a discrete or continuous basis.
(17) Weights and measures means all
weights and measures, instruments and devices of every kind for weighing and
measuring, and any appliances and accessories associated with any or all such
instruments and devices. However, weights and measures does not include
meters for the measurement of electricity, gas or water when operated in a
system of a public utility, as that term is defined in ORS 757.005. [Amended by
1973 c.293 §1; 1975 c.615 §1; 1977 c.132 §3; 1999 c.237 §1; 2003 c.14 §366;
2005 c.22 §413; 2007 c.71 §186]
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 weights and
measures requirements generally within this state. The objectives of state
supervision of weights and measures under ORS 618.010 to 618.246 include the
following:
(1) Ensuring that weights and measures in
commercial service within the state are suitable for their intended use,
properly installed and accurate and are so maintained by their owner or user.
(2) Preventing unfair dealing by weight or
measure in any commodity or service advertised, packaged, sold or purchased
within this state.
(3) Making available to all users of
physical standards or weighing and measuring equipment the precision
calibration and related metrological certification capabilities of the weights
and measures facilities of the State Department of Agriculture.
(4) Promoting uniformity, to the extent
such conformance is practicable and desirable, between weights and measures
requirements of this state and those of other states and federal agencies.
(5) Encouraging desirable economic growth
while protecting the consumer through the adoption by rule of weights and
measures requirements as necessary to ensure equity among buyers and sellers. [1973
c.293 §3; 2005 c.22 §414]
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 by ORS 618.010 to 618.246;
(2) Keep accurate records of all standards
and equipment;
(3) Exercise general supervision over the
weights and measures sold or offered for sale or in use in this state; and
(4) Report to the Governor annually, and
at such other times as the Governor may require, on all of the activities of
the director in carrying out ORS 618.010 to 618.246. [1973 c.293 §5; 2005 c.22 §415]
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 be delegated at the discretion of the director. [1973
c.293 §14; 2005 c.22 §416]
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 the department
shall consider so far as is practicable and desirable the requirements
established by other states and by authority of the United States. Such rules
shall govern the use or application of weights and measures and weights and
measures transactions in this state.
(2) Such rules may:
(a) Establish standards of net weight,
measure or count, and reasonable standards of fill for any commodity in package
form;
(b) Establish procedures governing the
technical and reporting activities to be followed, and prescribe report and
record forms and marks of approval and rejection to be used by inspectors of
weights and measures in the discharge of their duties;
(c) Prescribe exemptions for weights and
measures from the sealing, labeling or marking requirements of ORS 618.010 to
618.246;
(d) Establish procedures governing the
voluntary registration of commercial weighing and measuring device servicemen
and service agencies;
(e) Establish schedules of fees for
licensing commercial weighing and measuring devices and for testing or
certification;
(f) Prescribe specifications relating to
the advertising, labeling, dispensing and selling of commodities in bulk form
to or by retail outlets reasonably necessary for the protection of purchasers
thereof;
(g) Establish guidelines to assure that
amounts of commodities or services sold or offered for sale are represented
accurately and informatively to all interested parties; and
(h) Prescribe specifications, tolerances
and other technical requirements for weights and measures so as to eliminate
from use, weights and measures:
(A) That are not accurate;
(B) That are of such construction that
they are faulty, in that they are not reasonably permanent in their adjustment
or will not repeat their indications correctly; or
(C) That facilitate the perpetration of
deceit or misrepresentation.
(3) Nothing in subsection (2) of this
section is intended to limit the authority of the department to make any other
rules necessary to carry out ORS 618.010 to 618.246. [1973 c.293 §6; 1975 c.615
§2; 1977 c.132 §4]
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
(2) The state primary standards shall be
kept in a safe and suitable place in the metrology laboratory of the office of
weights and measures, and shall not be removed from the laboratory except for
repairs or for calibration as may be prescribed by the National Institute of
Standards and Technology. [1973 c.293 §16; 2003 c.14 §368]
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, by comparison with the state primary
standards prescribed in ORS 618.041, upon their initial receipt and thereafter
as often as the State Department of Agriculture considers necessary. [1973
c.293 §17; 2005 c.22 §417]
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. In so doing
the department shall take cognizance of those uniform requirements recommended
by the National Institute of Standards and Technology and published in
appropriate National Institute of Standards and Technology handbooks and
supplements thereto. For the purposes of ORS 618.010 to 618.246, weights and
measures are correct when in conformance with all applicable sections of ORS
618.010 to 618.246 and rules promulgated pursuant thereto. All other weights
and measures are incorrect. [1973 c.293 §18; 2003 c.14 §369; 2005 c.22 §418]
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. The
department may, as often as it considers necessary, cause to be inspected and
tested, to ascertain if they are correct, all weights and measures commercially
used for one or more of the following purposes:
(1) Determining the weight, measurement or
count of commodities or things sold, offered or exposed for sale, on the basis
of weight, measure or count.
(2) Computing the basic charge or payment
for services rendered on the basis of weight, measure or count. However, the department
by rule may provide for tests to be made on representative samples of such
devices. The lots of which samples are representative shall be held to be
correct or incorrect upon the basis of the results of the inspection and tests
on such samples.
(3) Determining quantities or amounts when
a charge is made for such determination. However, in the case of single-service
devices designed to be used commercially only once and to be then discarded, or
devices uniformly mass-produced, as by means of a mold or die, and not
susceptible of individual adjustment, the inspection and testing of each
individual device is not required and the inspecting and testing requirements
of this section will be satisfied when inspections and tests are made on
representative samples of such devices. The lots of which samples are
representative shall be held to be correct or incorrect upon the basis of the
results of the inspections and tests on such samples. [1973 c.293 §8; 1977
c.132 §5; 2005 c.22 §419]
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 every institution for the maintenance of which
moneys are appropriated by the Legislative Assembly, and report its findings in
writing to the supervisory board or to the executive officer of the institution
concerned. [1973 c.293 §7]
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
conduct such investigations as it considers appropriate to develop information
relating to prevailing procedures in commercial quantity determination and
relating to possible violations of ORS 618.010 to 618.246, and in order to
promote the general objective of accuracy in the determination and
representation of quantity in commercial transactions.
(2) ORS 618.010 to 618.246 do not apply to
meters for the measurement of electricity, gas or water when operated in a
system of a public utility, as defined in ORS 757.005, or to any associated
appliances or accessories. [1973 c.293 §9; 2005 c.22 §420; 2007 c.71 §187]
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 during normal
business hours any premises, including buildings or mobile facilities, where
commercial transactions are conducted, commodities are located, or weights and
measures are employed. If such premises are not open to the public, a
department representative shall first present the credentials of the representative
and obtain consent before making entry thereto. If such entry is denied, the
department may apply for a search warrant from any person authorized to issue
search warrants.
(2) Empowered to stop any commercial
vehicle and, after presentment of credentials, require the person in charge to
move the vehicle to a designated place for inspection on probable cause that a
violation of ORS 618.010 to 618.246 has occurred or is occurring.
(3) Authorized, in the public interest, to
issue written notices or warnings to violators for minor infractions of ORS
618.010 to 618.246 in lieu of referring the matter to the district attorney. [1973
c.293 §13; 1999 c.59 §183; 2005 c.22 §421]
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 provided in ORS 618.051, and shall reject such weights
and measures as it finds upon inspection or test to be incorrect, as provided
in ORS 618.051, but which in its best judgment are susceptible of satisfactory
repair.
(2) In carrying out this section and
pursuant to ORS 618.031, the department may use such terms as rejected, illegal,
incorrect, condemned, correct, tested, approved, certified or terms
of similar import on marks or tags or certificates necessary to convey to all
interested parties the condition or status of the device or apparatus so marked
or tagged.
(3) In accordance with ORS 561.605 to
561.630, the department may condemn, seize and destroy incorrect weights and
measures that are not susceptible of satisfactory repair. Similarly, weights
and measures that have been rejected may also be seized, confiscated and
destroyed by the department if such are not corrected as required by ORS
618.081, or if such weights and measures are used or disposed of contrary to
the requirements of ORS 618.081. [1973 c.293 §12]
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 by the State Department of Agriculture or may
dispose of such weights and measures in such manner as is authorized by the
department. Weights and measures that have been rejected shall not again be
used commercially until they have been officially reexamined by the department
and found to be correct, or approval for use is given by the department, or the
rejection tag has been removed and the rejected device repaired and placed in
service by a person or firm so authorized by the department. [1973 c.293 §20]
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 susceptible of being, commercially used, and
to issue hold orders and removal orders with respect to packages or amounts of
commodities sold, offered or exposed for sale, or in process of delivery,
whenever in the course of its enforcement of ORS 618.010 to 618.246 it is
considered necessary.
(2) No person shall use, remove from the
premises or vehicles specified, or fail to remove from the premises or vehicles
specified, any weight, measure or package or amount of commodity contrary to
the terms of a stop-use order, hold order or removal order issued under the
authority of this section. [1973 c.293 §11; 2005 c.22 §422]
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 manner as the State
Department of Agriculture by rule may prescribe, on all commercial weights and
measures. [1973 c.293 §19]
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 618.056,
sell, offer or expose for sale or hire, or have in the possession of the person
for the purpose of selling or hiring, an incorrect weight or measure or any
device or instrument used or intended for use to falsify any weight or measure.
(2) Use, or have in the possession of the
person for the purpose of current use for any commercial purpose specified in
ORS 618.056, a weight or measure that does not bear a seal or mark such as is
specified in ORS 618.076 unless such weight or measure has been exempted from
testing by ORS 618.056 or by a rule of the State Department of Agriculture or
unless the device has been placed in service as provided by rule of the
department.
(3) Dispose of any rejected or condemned
weight or measure in a manner contrary to ORS 618.010 to 618.246 or rules
promulgated pursuant thereto.
(4) Remove, alter or deface any security
seal, tag, seal or mark placed on any weight or measure by the department.
(5) Sell, offer or expose for sale, less
than the quantity the person represents of any commodity, thing or service.
(6) Take more than the quantity the person
represents of any commodity, thing or service when, as buyer, the person
furnishes the weight or measure by means of which the amount of the commodity,
thing or service is determined.
(7) Keep for the purpose of sale,
advertise, sell, offer or expose for sale, any commodity, thing or service in a
condition or manner contrary to ORS 618.010 to 618.246 or rules promulgated
pursuant thereto.
(8) Use in retail trade, except in the
preparation of packages put up in advance of sale and of medical prescriptions,
a weight or measure that is not so positioned that its indications may be
accurately read and the weighing or measuring operation observed from a
reasonable customer position.
(9) Violate any other provision of ORS
618.010 to 618.246 or rules promulgated pursuant thereto. [1973 c.293 §50; 2005
c.22 §423]
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 in or about any building, enclosure, stand or vehicle in
which or from which it is shown that buying or selling is commonly carried on
is presumptive proof of the regular use of such weight or measure or weighing
or measuring instrument or device for commercial purposes and of such use by
the person in charge of such building, enclosure, stand or vehicle. [1973 c.293
§51; 2005 c.22 §424]
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 may, at the request of an
owner or user thereof, inspect and test weighing or measuring instruments or
devices to ascertain if they are correct. As authorized by ORS 618.031 (2)(e),
the department may establish fees for performing the services and the person
requesting the services shall pay the established fees to the department. [1977
c.132 §2]
Note: 618.115 was added to and made a part of ORS
chapter 618 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
618.120 [Repealed by 1973 c.293 §55]
LICENSING OF
COMMERCIALLY OPERATED WEIGHING OR MEASURING INSTRUMENTS
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 not licensed in
accordance with the requirements of ORS 618.010 to 618.246 unless exempted as
provided in ORS 618.126. Any license issued under ORS 618.010 to 618.246
applies only to the instrument or device specified in the license. However, the
State Department of Agriculture may permit such license to be applicable to a
replacement for the original instrument or device. [1973 c.293 §30; 2005 c.22 §425]
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 apply:
(1) Ownership and use of the instrument or
device is limited to federal, state or local government agencies in the
performance of official functions.
(2) The instrument or device is of a
readily portable type, not intended for use within the state in excess of 30
days annually, and for which proof exists of satisfactory examination within
the immediately preceding six months by a state or local weights and measures
authority. [1973 c.293 §31; 1989 c.405 §5]
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 and 618.991
are in conflict with any other statutes, ordinances or regulations, the
provisions of ORS 618.010 to 618.246 and 618.991 take precedence. [1973 c.293 §53;
2005 c.22 §426]
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 Agriculture in an amount not to exceed the maximum
limits set forth in ORS 618.141. Such fees shall be established in the amounts
necessary for the department to carry out and enforce the provisions of ORS
618.010 to 618.246 relating to the supervision of commercial weighing and
measuring instruments or devices, and to maintain an emergency fund with an unencumbered
balance in an amount not to exceed the cost of administering ORS 618.010 to
618.246 during a representative four-month period in order to assure the
orderly supervision of commercial weighing and measuring instruments or devices
within this state.
(2) License fees become past due July 1
each year for renewals, and on the date of first commercial use for original
installations.
(3) All moneys received by the department
pursuant to ORS 618.010 to 618.246 shall be paid into the Department of
Agriculture Service Fund. Such moneys are continuously appropriated to the
department for the purpose of administering those provisions of ORS 618.010 to
618.246 relating to testing, inspection, licensing and regulation of commercial
weighing and measuring instruments or devices. [1973 c.293 §32; 1977 c.132 §8;
1979 c.499 §21]
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 Devices Maximum
(Manufacturers rated
capacity) Fee
Not over 400 pounds $ 39
Over 400 pounds,
but not over 1,160 pounds $ 80
Over 1,160 pounds,
but not over 7,500 pounds $ 161
Over 7,500 pounds,
but not over 60,000 pounds $ 242
Over 60,000 pounds $ 242
Static railroad track scales $ 1,051
Continuous Weighing Systems
(Manufacturers rated
capacity)
Under 10 tons per hour $ 304
10-150 tons per hour $ 473
Over 150 tons per hour, but
not over 1,000 tons per hour $ 946
Over 1,000 tons per hour $ 2,101
In-motion railroad
track scales $ 1,051
Liquid-Fuel Metering Devices
for
Noncorrosive Fuels Contained
at
Atmospheric Pressure
(Maximum device flowrate)
Under 20 gallons per minute $ 32
20-150 gallons per minute $ 161
Over 150 gallons per minute $ 242
Special Liquid-Fuel Measuring
Equipment
(Type)
Liquefied petroleum gas
meters
one inch pipe
diameter or under $ 242
Over one inch
pipe diameter $ 242
Tanks, under 500 gallons
capacity
when used as measure
containers
with or without gage rods or
markers $ 100
Tanks, 500 or more gallons
capacity
when used as measure
containers
with or without gage rods or
markers $ 200
______________________________________________________________________________
(2) For licensing periods beginning on or
after July 1, 2011, and before July 1, 2016, the maximum fee amounts described
in subsection (1) of this section shall increase by two percent annually. The
maximum fee for a year shall be rounded to the nearest whole dollar amount for
assessment and collection purposes. Each annual increase shall be determined
using the unrounded dollars and cents from the preceding year. [1973 c.293 §34;
1977 c.132 §6; 1983 c.210 §1; 1989 c.405 §6; 1991 c.610 §1; 1993 c.122 §1; 1999
c.237 §2; 2007 c.489 §1]
Note: The amendments to 618.141 by section 3,
chapter 489,
618.141. The license fees established pursuant to ORS
618.136 for weighing or measuring instruments or devices shall not exceed the
following:
______________________________________________________________________________
Discrete Weighing Devices Maximum
(Manufacturers rated
capacity) Fee
Not over 400 pounds $ 43
Over 400 pounds,
but not over 1,160 pounds $ 88
Over 1,160 pounds,
but not over 7,500 pounds $ 178
Over 7,500 pounds,
but not over 60,000 pounds $ 267
Over 60,000 pounds $ 267
Static railroad track scales $ 1,160
Continuous Weighing Systems
(Manufacturers rated
capacity)
Under 10 tons per hour $ 336
10-150 tons per hour $ 522
Over 150 tons per hour, but
not over 1,000 tons per hour $ 1,044
Over 1,000 tons per hour $ 2,320
In-motion railroad
track scales $ 1,160
Liquid-Fuel Metering Devices
for
Noncorrosive Fuels Contained
at
Atmospheric Pressure
(Maximum device flowrate)
Under 20 gallons per minute $ 35
20-150 gallons per minute $ 178
Over 150 gallons per minute $ 267
Special Liquid-Fuel Measuring
Equipment
(Type)
Liquefied petroleum gas
meters
one inch pipe
diameter or under $ 267
Over one inch
pipe diameter $ 267
Tanks, under 500 gallons
capacity
when used as measure
containers
with or without gage rods or
markers $ 100
Tanks, 500 or more gallons
capacity
when used as measure
containers
with or without gage rods or
markers $ 200
______________________________________________________________________________
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 or on such date as may be specified by rule of the
State Department of Agriculture.
(2) In accordance with the provisions of
ORS chapter 183, any license issued under ORS 618.010 to 618.246 may be
suspended or revoked by the department if the instrument or device is operated
or used contrary to ORS 618.010 to 618.246 or rules promulgated pursuant
thereto. [1973 c.293 §33; 2005 c.22 §427; 2007 c.768 §24]
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 required by ORS 618.010 to 618.246 may not use the
weighing or measuring instruments or devices for commercial purposes. [1973
c.293 §35; 1979 c.333 §1; 2005 c.22 §428]
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 ORS 618.010 to
618.246.
(2) The department shall provide a
certificate or other evidence of device license compliance to each person
fulfilling the weighing or measuring device licensing requirements of ORS
618.010 to 618.246.
(3) Application for a weights and measures
license shall be made upon a form prescribed and furnished by the department
and shall contain such information as the department may require. [1973 c.293 §36;
2005 c.22 §429]
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 not been procured by the owner or operator
thereof, the State Department of Agriculture after giving notice of such
requirements to the owner or operator is authorized to prohibit the further
commercial use of the unlicensed instruments or devices until the proper
license has been issued. The department may employ and attach to the
instruments or devices such forms, notices or security seals as it considers
necessary to prevent the continued unauthorized use of the instruments or
devices. [1973 c.293 §37]
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]
COMMODITY SALES
REGULATIONS
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 sold, offered or exposed for sale, or in the process of
delivery, to determine whether they contain the amounts represented and whether
they are sold, offered or exposed for sale in accordance with ORS 618.010 to
618.246. If such packages or amounts of commodities are found not to contain
the amounts represented, or are found to be sold, offered or exposed for sale
in violation of ORS 618.010 to 618.246, the department may order them withheld
from sale and may so mark or tag them.
(2) In carrying out the provisions of this
section, the department may employ recognized sampling procedures under which
the compliance of a given lot of packages will be determined on the basis of
the result obtained on a sample selected from and representative of such lot.
(3) No person shall:
(a) Sell, offer or expose for sale, in
intrastate commerce, any package or amount of commodity that has been ordered
withheld from sale and marked or tagged as provided in this section until such
package or amount of commodity has been brought into full compliance with all
the requirements of ORS 618.010 to 618.246; or
(b) Otherwise dispose of any package or
amount of the commodity that has been ordered withheld from sale and marked or
tagged as provided in this section and that has not been brought into
compliance with the requirements of ORS 618.010 to 618.246, in any manner,
except with the specific approval of the department. [1973 c.293 §10; 2005 c.22
§430]
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 not in liquid form shall be sold only by
weight, measure of length or area, or count. However, liquid commodities may be
sold by weight, and commodities not in liquid form may be sold by count only if
such methods give accurate information as to the quantity of commodity sold.
(2) The provisions of subsection (1) of
this section do not apply to:
(a) Commodities sold for immediate
consumption on the premises where sold;
(b) Vegetables sold by the head or bunch;
(c) Commodities in containers standardized
by the laws of this state or the
(d) Commodities in package form when there
exists a general consumer usage to express the quantity in some other manner;
(e) Concrete aggregates, concrete mixtures
and loose solid materials such as earth, soil, gravel, crushed stone and like
substances sold by cubic measure; or
(f) Unprocessed vegetable and animal
fertilizer sold by cubic measure.
(3) The State Department of Agriculture
may make such reasonable rules as are necessary to ensure that the amounts of
commodity for sale reflect accurate and fair practices. [1973 c.293 §21; 2005
c.22 §431]
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
into or received in intrastate commerce and sold, offered or exposed for sale
in intrastate commerce shall bear on the outside of the package definite, plain
and conspicuous declarations of:
(a) The identity of the commodity in the
package, unless it is visible through the wrapper;
(b) The net quantity of the contents in
terms of weight, measure or count; and
(c) In the case of any package sold,
offered or exposed for sale in any place other than on the premises where
packed, the name and place of business of the manufacturer, packer or
distributor, as may be prescribed by rule.
(2) In connection with the requirements of
subsection (1)(b) of this section, neither the qualifying term when packed or
any words of similar import, nor any term qualifying a unit of weight, measure
or count such as jumbo, giant or full that tends to exaggerate the amount
of commodity in a package shall be used.
(3) In connection with the requirements of
subsection (1)(b) of this section, the State Department of Agriculture by rule
may establish:
(a) Reasonable variations to be allowed,
including variations below the declared weight or measure caused by ordinary
and customary exposure, only after the commodity is introduced into intrastate
commerce, to conditions that normally occur in good distribution practice and
that unavoidably result in decreased weight or measure. However, such
variations may not be permitted to the extent that the average of the
quantities in the packages comprising a shipment, display or other lot is below
the quantity stated, and no unreasonable shortage in any package shall be
permitted even though overages in other packages in the same shipment, display
or lot compensate for such shortage;
(b) Exemptions for small packages; and
(c) Exemptions for commodities put up in
variable weights or sizes for sale intact and either customarily not sold as
individual units or customarily weighed or measured at time of sale to the
consumer. [1973 c.293 §22; 2005 c.22 §432]
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
counts of the same commodity and which states the total selling price of the
package, shall bear on the outside of the package a plain and conspicuous
declaration of the corresponding price per unit of weight, measure or count in
terms consistent with ORS 618.206. [1973 c.293 §23]
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 purchaser as to the quantity of the contents of the package, and the
contents of a container shall not fall below such reasonable standard of fill
as may be prescribed for the commodity by the State Department of Agriculture. [1973
c.293 §24]
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 shall be closely and
conspicuously associated with such statement of price a declaration of the
quantity of contents of the package as is required to appear on the package.
(2) If the applicable law requires a dual
declaration of net quantity to appear on the package, only the declaration that
sets forth the quantity in terms of the smaller unit of weight or measure need
appear in the advertisement.
(3) There shall not be included as part of
the declaration required under this section such qualifying terms as when
packed, minimum, not less than or any other terms of similar import, nor
any term qualifying a unit of weight, measure or count such as jumbo, giant
or full that tends to exaggerate the amount of commodity in the package. [1973
c.293 §25]
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 net weight of the commodity shall be employed, and all
contracts concerning commodities shall be so construed. [1973 c.293 §26]
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 shall the price be represented in any manner
calculated or tending to mislead or deceive an actual or prospective purchaser.
(2) Whenever an advertised, posted or
labeled price per unit of weight, measure or count includes a fraction of a
cent, all elements of the fraction shall be prominently displayed and the
numeral or numerals expressing the fraction shall be immediately adjacent to,
of the same general design and style as, and at least one-half the height and
width of, the numerals representing the whole cents. [1973 c.293 §27]
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 value exceeds $10 shall be accompanied
by a printed or written delivery ticket or invoice bearing the following
information:
(1) Name and address of the vendor and the
purchaser.
(2) Date and place of the delivery.
(3) Product identity and net quantity
delivered.
(4) Quantity upon which charges are based
if different from the delivered quantity by reason of processing customarily
performed subsequent to a sale, but prior to delivery to a purchaser. [1973
c.293 §28]
618.246
(2) If meat, poultry, fish or seafood is
combined with or associated with some other food element to form either a distinctive
food product or a food combination, such food product or combination shall be
sold, offered or exposed for sale by weight. The quantity representation may be
the total weight of the food product or combination and a quantity
representation need not be made for each of the several elements of the food
product or combination.
(3) In the case of ready-to-cook
whole-carcass stuffed poultry, ready-to-cook stuffed poultry roasts, rolls,
bars and logs, and ready-to-cook stuffed poultry products designated by terms
of similar import, the label must show the total net weight and, in close
proximity, the net weight of the poultry exclusive of stuffing ingredients. [1973
c.293 §29]
618.250 [Repealed by 1973 c.293 §55]
618.260 [Repealed by 1973 c.293 §55]
618.270 [Repealed by 1973 c.293 §55]
RAILROAD TRACK
SCALE REGULATION
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 Director of Agriculture and subject to inspection by
the State Department of Agriculture. The department may also test other track
scales.
(2) The department shall, from time to
time, test and inspect all such scales. No track scale shall be used in
determining weights for the purpose of determining freight charges without
first obtaining a seal from the department approving such use.
(3) The department shall approve a
suitable sealing device, and cause all track scales inspected under this
section to be officially sealed with such device, when such scales are found,
or made to be in compliance with the departments rules.
(4) The department may procure or
otherwise secure the use of the car, apparatus or facilities used for tests and
inspections as the department may require for the purposes of this section.
Such car, apparatus or facilities may be used jointly with another state or
states to test track scales and for that purpose may be taken beyond the limits
of the state under such terms and conditions agreed upon with such other
states. The car and apparatus needed to test track scales shall be transported
free by every railroad in this state. [1989 c.405 §2]
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]
LICENSING LAW
ENFORCEMENT
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
section.
(b) Inspector means a state employee
designated by the director as a supervisor or inspector of weights and
measures.
(2) In enforcing violations subject to
penalty under ORS 618.991, the director has authority to issue and serve
citations to any person violating such laws.
(3) The director may delegate the powers
referred to in subsection (2) of this section to the deputy state sealer and to
inspectors. The deputy state sealer and inspectors with authority to serve
citations under this section shall issue those citations in the manner provided
by ORS chapter 153.
(4) Upon issuance of a citation for a
violation subject to penalty under ORS 618.991, the deputy state sealer or
inspector issuing the citation shall retain a record copy for the State
Department of Agriculture. [1973 c.374 §5; 1999 c.1051 §109; 2005 c.22 §434]
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]
SECURITY SEAL
ENFORCEMENT
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) Where one or more of the defendants
reside;
(b) Where one or more of the defendants
maintain a principal place of business;
(c) Where one or more of the defendants
are alleged to have committed a security seal violation; or
(d) With the defendants consent, where
the prosecuting officer maintains an office.
(2) Prosecuting attorney means the
Attorney General or the district attorney of any county in which a security
seal violation is alleged to have been committed.
(3) Security seal means a lead-and-wire
seal or similar nonreusable closure, attached to a weighing or measuring
instrument or device for protection against undetectable access, removal,
adjustment or unauthorized use.
(4) Security seal violation means the
use, in violation of this chapter or any rule promulgated pursuant thereto, of
any liquid or gaseous metering instrument or device to which a security seal is
required to be affixed, when the security seal has been broken or removed.
(5) A willful violation occurs when the
person committing the violation knew or should have known that the conduct of
the person was a violation. [1973 c.294 §2; 2003 c.14 §370; 2005 c.22 §435]
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
in the name of the State of
(2) Before filing a suit under subsection
(1) of this section, the prosecuting attorney shall in writing notify the
person charged of the alleged security seal violation and the relief to be
sought. Such notice shall be served in the manner set forth in ORS 618.526 for
the service of investigative demands. The person charged thereupon shall have
10 days within which to execute and deliver to the prosecuting attorney an
assurance of voluntary compliance. Such assurance shall set forth what actions,
if any, the person charged intends to take with respect to the alleged
violation. The assurance of voluntary compliance shall not be considered an admission
of a violation for any purpose. If the prosecuting attorney is satisfied with
the assurance of voluntary compliance, it may be submitted to an appropriate
court for approval and if approved shall thereafter be filed with the clerk of
the court. Violation of an assurance of voluntary compliance which has been
approved by and filed with the court constitutes a contempt of court. The
notice of the prosecuting attorney under this subsection is not a public record
until the expiration of 10 days from the service of the notice.
(3) Notwithstanding subsection (2) of this
section, if the prosecuting attorney alleges that the prosecuting attorney has
reason to believe that the delay caused by complying with the provisions of
subsection (2) of this section would cause immediate harm to the public health,
safety or welfare, the prosecuting attorney may immediately institute a suit
under subsection (1) of this section.
(4) A temporary restraining order may be
granted without prior notice to the person if the court finds there is a threat
of immediate harm to the public health, safety or welfare. Such a temporary
restraining order shall expire by its terms within such time after entry, not
to exceed 10 days, as the court fixes, unless within the time so fixed the order,
for good cause shown, is extended for a like period or unless the person
restrained consents that it may be extended for a longer period.
(5) The court may award reasonable
attorney fees at trial and on appeal to the prevailing party in a suit brought
under this section. If the defendant prevails in such a suit and the court
finds that the defendant had in good faith submitted to the prosecuting
attorney a satisfactory assurance of voluntary compliance prior to the
institution of the suit or that the prosecuting attorney, in a suit brought
under subsection (3) of this section, did not have reasonable grounds to
proceed under that subsection, the court shall award reasonable attorney fees
at trial and on appeal to the defendant. If the state prevails, the reasonable
expenses of investigation, preparation and prosecution shall be taxed against
the defendant, upon application of the prosecuting attorney, in the same manner
as costs are taxed and shall be in addition thereto. [1973 c.294 §3; 1981 c.897
§70]
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 or personal, of
which the person was deprived by means of a security seal violation, or as may
be necessary to insure cessation of such violations, pursuant to ORS 618.506. [1973
c.294 §4]
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
result of a willful security seal violation may bring an individual action in
an appropriate court to recover actual damages or $200, whichever is greater.
The court or the jury, as the case may be, may award punitive damages and the
court may provide such equitable relief as it considers necessary or proper.
(2) Upon commencement of any action
brought under subsection (1) of this section, the clerk of the court shall mail
a copy of the complaint or other initial pleading to the Attorney General and,
upon entry of any judgment in the action, shall mail a copy of such judgment to
the Attorney General.
(3) In any action brought by a person
under this section, the court may award to the prevailing party reasonable
attorney fees at trial and on appeal and costs.
(4) Any permanent injunction or judgment
or order of the court made under ORS 618.506 or 618.511 is prima facie
evidence, in an action brought under this section, that the respondent
committed a security seal violation, but an assurance of voluntary compliance,
whether or not approved by the court, shall not be evidence of such violation.
(5) Actions brought under this section
shall be commenced within one year from the discovery of the security seal
violation. However, whenever any complaint is filed by a prosecuting attorney
to prevent, restrain or punish security seal violations, the running of the
statute of limitations with respect to every private right of action under this
section and based in whole or in part on any matter complained of in the
proceeding shall be suspended during the pendency thereof. [1973 c.294 §5; 1981
c.897 §71; 1995 c.618 §91; 2003 c.576 §526]
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 writing and cause to be served an investigative demand upon any person who
is believed to have information, documentary material or physical evidence
relevant to the alleged violation. The investigative demand shall require such
person, under oath or otherwise, to appear and testify or to produce relevant
documentary material or physical evidence for examination, at such reasonable
time and place as may be stated in the investigative demand or to do any of the
foregoing, concerning the advertisement, sale or offering for sale of any goods
or services or the conduct of any trade or commerce which is the subject matter
of the investigation.
(2) At any time before the return date
specified in an investigative demand, or within 20 days after the demand has
been served, whichever period is shorter, a petition to extend the return date,
or to modify or set aside the demand, stating good cause including privileged
material, may be filed in the appropriate court. [1973 c.294 §6]
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 be made in the following manner:
(1) Personal service thereof without this
state;
(2) The mailing thereof by registered or
certified mail to the last-known place of business, residence or abode within
or without this state of such person for whom the same is intended;
(3) As to any person other than a natural
person, in the manner provided for service of summons in an action or suit; or
(4) Such service as the court may direct
in lieu of personal service within this state. [1973 c.294 §7]
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, the prosecuting attorney may, after notice,
apply to an appropriate court and, after hearing thereon, request an order:
(a) Granting injunctive relief to restrain
the person from engaging in the conduct of any activity that is involved in the
alleged or suspected violation; or
(b) Granting such other relief as may be
required, until the person obeys the investigative demand.
(2) Any disobedience of any final order of
a court under this section shall be punished as a contempt of court. [1973
c.294 §8]
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 instrument or device operated in violation
of the terms of any injunction issued under ORS 618.506. [1973 c.294 §10]
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 618.506 to 618.541
and 618.995, including the final disposition of the matter, and shall file with
the Attorney General copies of all assurances of voluntary compliance accepted
under ORS 618.506. [1973 c.294 §11]
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 under the laws of this state. [1973 c.294 §12]
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]
PENALTIES
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 than six months, or a fine not to exceed $500, or
both.
(b) If the violator is a person other than
an individual, by a fine of not more than $2,500.
(2) For the purposes of this section, each
day of violation of ORS 618.086, 618.096, 618.121 or 618.201 is a separate
offense and the penalties provided in subsection (1) of this section apply to
each such offense. [1973 c.293 §54]
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 of not more than
$1,000 per violation. For the purposes of this section, the court issuing the
injunction shall retain jurisdiction and the cause shall be continued, and in
such cases the prosecuting attorney acting in the name of the state may
petition for recovery of civil penalties.
(2) Any person who by an assurance of
voluntary compliance submitted under ORS 618.506 agrees not to commit a
security seal violation and thereafter willfully violates such assurance shall
forfeit and pay to the state a civil penalty of not more than $1,000 per
violation. The prosecuting attorney may apply to an appropriate court for
recovery of such civil penalty.
(3) In any suit brought under ORS 618.506,
if the court finds that a person is willfully committing or has willfully
committed a security seal violation, the prosecuting attorney, upon petition to
the court, may recover, on behalf of the state, a civil penalty not exceeding
$500 per violation. [Formerly 618.536]
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