Oregon Administrative Code

333-015-0150 Oregon Menu Labeling Act: Trans Fat A restaurant shall follow U.S. Food and Drug Administration (FDA) guidelines for labeling trans fat. This means that trans fat does not have be listed if the total trans fat in the food is less than 0.5 grams per labeled serving, a…

333-015-0155 Oregon Menu Labeling Act: Rounding Rules Chain restaurants may round numerical values as follows, except for typical nutrient values for alcoholic beverages: (1) Total calories values: (a) For values above 50 calories, the disclosed value shall be rounded to the near…

333-015-0160 Oregon Menu Labeling Act: Alcoholic Beverages (1) Chain restaurants must provide nutrition information for alcoholic beverages offered on a menu, menu board or food tag for more than 90 days. Nutrition information for alcoholic beverages must be based on the followin…

333-015-0165 Oregon Menu Labeling Act: Disclaimers and Additional Nutrition Information (1) Chain restaurants may publish truthful disclaimers, notifying customers that there may be variations in nutrient content across servings, due to differences in preparation, inconsistent se…

333-015-0202 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Purpose and Effective Date The purpose of licensing tobacco retailers is to promote compliance and improve enforcement of local ordinances and rules, state laws and rules and federal laws and regulations …

333-015-0207 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Definitions The following definitions apply to these rules unless the context indicates otherwise: (1) "Annual Oregon Health Authority license application fee" or "annual Authority license application fee…

333-015-0212 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Oregon Health Authority Responsibilities The Oregon Health Authority shall: (1) Ensure that state standards established by state laws or rules, and federal standards established by federal laws or regulat…

333-015-0217 Retail Sale of Tobacco Products and Inhalant Delivery Systems: LPHA Responsibilities (1) An LPHA may: (a) Enforce an ordinance adopted by the local jurisdiction regulating the retail sale of tobacco products and inhalant delivery systems for purposes related to publi…

333-015-0222 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Licensing Procedures (1) A retailer shall obtain a tobacco retail license annually from the Department, per processes laid out in OAR 150-323-0500. (2) This does not include retailers that have obtained a…

333-015-0227 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Annual Oregon Health Authority License Application Fee (1) The annual Authority license application fee shall be reasonably calculated to pay the expenses of license administration and enforcement, includ…

333-015-0232 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Education and Outreach (1) As part of program administration, the Authority or the LPHA shall provide educational resources to retailers to support compliance with state and federal laws, rules and regula…

333-015-0237 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Identification for Purchasing Tobacco Products or Inhalant Delivery Systems A retailer, or their designee, is responsible for ensuring that all sales of tobacco products or inhalant delivery systems to an…

333-015-0242 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Compliance Inspections (1) The Oregon Health Authority (Authority) or the local public health authority (LPHA) shall conduct annual unannounced inspections of retailers to ensure compliance with, and to e…

333-015-0247 Retail Sales of Tobacco Products and Inhalant Delivery Systems: Minimum Legal Sales Age Inspections (1) The Oregon Health Authority (Authority) or the local public health authority (LPHA) shall conduct annual random, unannounced inspections of retailers to ensure com…

333-015-0252 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Complaint Inspections (1) The Oregon Health Authority (Authority) or the local public health authority (LPHA) may also conduct inspections described in OAR 333-015-0242 and OAR 333-015-0247 upon receipt o…

333-015-0257 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Violations (1) Violations for a retailer include the following acts or omissions by the retailer or their designee: (a) Selling or allowing to be sold tobacco products or inhalant delivery systems to a pe…

333-015-0262 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Civil Penalties for Violations (1) The Oregon Health Authority (Authority) may impose a civil penalty not exceeding $5000 for each violation described in OAR 333-015-0257. A retailer may be subject to mul…

333-015-0267 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Suspension and Revocation for Violations of OAR 333-015-0001 through 333-015-0360 In addition to a civil penalty, a license may be suspended or revoked by the Department, as described in OAR 150-323-0520.…

333-015-0272 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Biennial Report Contents of Report: The Authority shall biennially submit a report to the Governor and to the appropriate committee or interim committee of the Legislative Assembly to which matters of pub…

333-015-0300 Packaging and Labeling: Purpose, Scope and Effective Date (1) The purpose of OAR 333-015-0300 to 333-015-0360 is to set the minimum standards for the labeling and packaging of inhalant delivery systems that are sold to a consumer. (2) These rules do not apply to an i…

333-015-0305 Packaging and Labeling: Definitions For the purposes of OAR 333-015-0300 to 333-015-0360: (1) "Authority" means the Oregon Health Authority. (2) "Cannabinoid" means any of the chemical compounds that are the active constituents of marijuana. (3) "Child-resistant" mea…

333-015-0310 Labeling Requirements for Liquid Nicotine Containers A label on a liquid nicotine container must conform to the labeling standards set forth in 21 CFR Part 1143.3, including but not limited to: (1) The label bears the following required warning statement on the packa…

333-015-0320 Labeling Requirements for Prefilled Inhalant Delivery Systems A label on a prefilled inhalant delivery system must conform to the labeling standards in OAR 333-015-0310, if the prefilled inhalant delivery system contains nicotine. Statutory/Other Authority: ORS 431A.…

333-015-0340 Packaging Requirements for Liquid Nicotine Containers A liquid nicotine container for sale to a consumer: (1) Shall be: (a) Child-resistant; and (b) Labeled in accordance with OAR 333-015-0310. (2) Shall not be packaged in a manner that is attractive to minors. Statu…

333-015-0345 Packaging Requirements for Non-nicotine Liquid Containers A non-nicotine liquid container for sale to a consumer: (1) Shall be child-resistant. (2) Shall not be packaged in a manner that is attractive to minors. Statutory/Other Authority: ORS 431A.175 Statutes/Other …

333-015-0350 Packaging Requirements for Prefilled Inhalant Delivery Systems A prefilled inhalant delivery system for sale to a consumer shall not be packaged in a manner that is attractive to minors. Statutory/Other Authority: ORS 431A.175 Statutes/Other Implemented: ORS 431A.175…

333-015-0355 Packaging Requirements for Fillable Inhalant Delivery Systems (1) A fillable inhalant delivery system packaged without a liquid nicotine container for sale to a consumer shall not be packaged in a manner that is attractive to minors. (2) A fillable inhalant delivery …

333-015-0357 Packaging Attractive to Minors An inhalant delivery system is packaged in a manner that is attractive to minors if it is packaged in a manner that is designed, intended, or reasonably appears to be attractive to minors. Features of the packaging that may reasonably a…

333-015-0360 Verification of Packaging that is Child-Resistant Retailers shall provide verification of a manufacturer’s written laboratory testing report describing the results of whether packaging is child-resistant based on the protocol set forth in 16 CFR 1700.20 (1995) to the…

333-016-0005 Definitions (1) “Act” as used in these rules means ORS 453.005 to 453.135 relating to hazardous substances. (2) “Administrator” means the Administrator of the Public Health Division of Oregon Health Authority. (3) “Hazardous Substances Intended or Packaged in a Form …

333-016-0010 Human Experience with Hazardous Substances Reliable data on human experience with any substance shall be taken into account in determining whether an article is a “hazardous substance” within the meaning of the Act, and when such data give reliable results different …

333-016-0015 Hazardous Mixtures For a mixture of substances, the determination of whether such mixture is “hazardous” as defined in ORS 453.005(7) should be based on the physical, chemical, and pharmacological characteristics of the mixture. A mixture of substances may therefore …

333-016-0020 Testing Procedures for Hazardous Substances Method of testing toxic substances. The method of testing the toxic substances defined in OAR 333-016-0005(5)(c) and (6)(c) is as follows: (1) Acute dermal toxicity (single exposure). In the acute exposures the agent is hel…

333-016-0025 Method of Testing Primary Irritant Substances (1) Primary irritation to the skin is measured by a patch test technique on the abraded and intact skin of the albino rabbit, clipped free of hair. A minimum of six subjects are used in abraded and intact skin tests. Intr…

333-016-0030 Test for Eye Irritants (1)(a) Six albino rabbits are used for each test substance. Animal facilities for such procedures shall be so designed and maintained as to exclude sawdust, wood chips, or other extraneous material that might produce eye irritation. Both eyes o…

333-016-0035 Tentative Method of Test for Flashpoint of Volatile Flammable Materials by Tagliabue Open-Cup Apparatus (1) Scope: (a) This method describes a test procedure for the determination of open-cup flashpoints of volatile flammable materials having flashpoints below 175°F;…

333-016-0040 Method for Determining Extremely Flammable and Flammable Solids (1) Preparation of sample: (a) Granules, powders, and pastes. Pack the sample into a flat, rectangular metal boat with inner dimensions of 6 inches long x 1 inch wide x 1/4 inch deep; (b) Rigid and pliab…

333-016-0045 Method for Determining Extremely Flammable and Flammable Contents of Self-Pressurized Containers (1) Equipment required. The test equipment consists of a base eight inches wide, two feet long, marked in six-inch intervals. A rule two feet long and marked in inches is…

333-016-0050 Method for Determining Flashpoint of Extremely Flammable Contents of Self-Pressurized Containers The apparatus used in the Tagliabue Open-Cup Flashpoint Apparatus as described in OAR 333-016-0035. Some means such as dry ice in an open container is used to chill the p…

333-016-0055 Method for Determining the Sound Pressure Level Produced by Toy Caps (1) Equipment required. The equipment for the test includes a microphone, a preamplifier (if required), and an oscilloscope: (a) The microphone-preamplifier system shall have a free-field response u…

333-016-0056 Test Methods for Simulating Use and Abuse, Toys, Games, and Other Articles Intended for Use by Children (1) Objective. This rule and OAR 333-016-0057, 333-016-0058, and 333-016-0059 describe specific test methods for simulating normal use of toys and other articles i…

333-016-0057 Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children 18 Months of Age or Less (1) Application. The test methods described in this section shall be used in determining compliance, in addition to other requirements of toys intended…

333-016-0058 Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children Over 18 But not Over 36 Months of Age (1) Application. The test methods described in this section shall be used in addition to other requirements in determining compliance of t…

333-016-0059 Test Methods for Simulating Use and Abuse of Toys and Other Articles Intended for Children Over 36 But Not Over 96 Months of Age (1) Application. The test methods described in this section shall be used in addition to other requirements in determining compliance of t…

333-016-0060 Products Declared to be Hazardous Substances Under ORS 453.055(1) The Administrator finds that the following articles are hazardous substances within the meaning of ORS 453.055(1) and 453.005 because they are capable of causing substantial person injury or illness du…

333-016-0065 Products Requiring Special Labeling Under ORS 453.055(2) (1) Based on human experience as reported in the scientific literature or to the Poison Control Centers or the National Clearing House for Poison Control Centers, together with opinions of informed medical expe…

333-016-0070 Labeling of Fire Extinguishers (1) When a substance or mixture of substances labeled for use in or as a fire extinguisher produces substances that are toxic within the meaning of OAR 333-016-0005(5) and (6) when used according to label directions to extinguish a fire…

333-016-0075 Banned Hazardous Substances Under the authority of ORS 453.055(4), the Administrator declares as banned hazardous substances the following articles because they possess such a degree of hazard that adequate cautionary labeling cannot be written and the public health …

333-016-0077 Pointed Objects in Food Items of Particular Appeal to Children (1) Under the authority of ORS 453.005(7)(c) and pursuant to provisions of ORS 453.055(3), the Administrator has determined that the following types of articles intended for use by children present a mech…

333-016-0080 Toys and Other Articles Intended for Use by Children Under the authority of ORS 453.005 and pursuant to provisions of ORS 453.055 the Administrator has determined that the following types of toys, including their packaging, and pacifiers and other articles intended f…