2015 Oregon Revised Statutes
Volume : 11 - Public Health, Housing, Environment
Chapter 433 - Disease and Condition Control; Mass Gatherings; Indoor Air
Section 433.855 - Duties of Oregon Health Authority; civil penalties; rules; limitations; compliance checks.

(a) Shall adopt rules necessary to implement the provisions of ORS 433.835 to 433.875;

(b) Is responsible for ensuring compliance with ORS 433.835 to 433.875 and rules adopted under ORS 433.835 to 433.875; and

(c) May impose a civil penalty not to exceed $500 per day for each violation of ORS 433.845 or 433.850 or a rule adopted under ORS 433.835 to 433.875. Penalties imposed under this paragraph must be collected in the manner provided in ORS 441.705 to 441.745. All moneys recovered under this paragraph shall be paid into the State Treasury and credited to:

(A) The Tobacco Use Reduction Account established under ORS 431A.153, if the violation concerns nicotine; or

(B) The Oregon Health Authority Fund established under ORS 413.101, if the violation concerns an inhalant other than nicotine.

(2) In carrying out its duties under this section, the authority is not authorized to require any changes in ventilation or barriers in a public place or place of employment. This subsection does not limit the power of the authority to enforce the requirements of any other provision of law.

(3) In public places that the authority regularly inspects, the authority shall check for compliance with the provisions of ORS 433.835 to 433.875. In other public places and places of employment, the authority shall respond to complaints, notifying the proprietor or person in charge of the requirements of ORS 433.835 to 433.875. If repeated complaints are received, the authority may take appropriate action to ensure compliance.

(4) When a county has assumed responsibility of the duties and responsibilities under ORS 446.425 and 448.100, or contracted with the authority under ORS 190.110, the county is responsible for enforcing the provisions of ORS 433.835 to 433.875 and has the same enforcement power as the authority. [1981 c.384 §6; 1991 c.734 §21; 2001 c.104 §162; 2001 c.990 §6; 2003 c.309 §6; 2007 c.445 §36; 2007 c.602 §5; 2009 c.595 §686; 2011 c.597 §84a; 2015 c.158 §19]

Note: Sections 29 and 31, chapter 158, Oregon Laws 2015, provide:

Sec. 29. Report to Legislative Assembly on laws related to regulation of inhalant delivery systems and inhalants. (1) After July 1, 2018, the Oregon Health Authority shall make a report on the laws and rules of this state related to the regulation of inhalant delivery systems, as defined in ORS 431.840 [renumbered 431A.175], and inhalants, as defined in ORS 433.835, that are used with inhalant delivery systems. The authority shall include in the report:

(a) A review of medical research conducted on inhalant delivery systems and of health impacts associated with the use of inhalant delivery systems; and

(b) A review of any federal law or regulation related to regulating inhalant delivery systems, including any applicable regulations related to the labeling and packaging of inhalant delivery systems adopted by the United States Food and Drug Administration.

(2) The authority shall review the consistency of the laws and rules of this state with respect to those federal laws and regulations and determine where the laws and rules of this state are inconsistent or duplicative.

(3) For the purpose of facilitating review by the Legislative Assembly of the laws and rules of this state related to the regulation of inhalant delivery systems and inhalants that are used with inhalant delivery systems, the authority shall report the authority’s findings:

(a) To the Legislative Assembly in the manner required by ORS 192.245 on or before February 1, 2019; and

(b) To the committees of the Legislative Assembly related to health during the 2019 regular session of the Legislative Assembly. [2015 c.158 §29]

Sec. 31. Section 29 of this 2015 Act is repealed on January 2, 2020.

[2015 c.158 §31]