Chapter 453 — Chapter 453

ORS 453.001 Definitions for ORS 453.001 to 453.185. As used in ORS 453.001 to 453.185, unless the context requires otherwise

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ORS 453.005 Definitions for ORS 453.005 to 453.135. As used in ORS 453.005 to 453.135 unless the context requires otherwise

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ORS 453.010 [Amended by 1969 c.631 §1; repealed by 1971 c.409 §16]

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ORS 453.015 Application. ORS 453.005 to 453.135 and 453.990 (2) do not apply to

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ORS 453.020 [Amended by 1953 c.64 §2; 1969 c.514 §50; renumbered 689.865]

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ORS 453.025 Certain practices not affected by ORS 453.005 to 453.135. (1) Nothing in ORS 453.005 to 453.135 and 453.990 (2) is intended to interfere with or prevent the legitimate sale of completely denatured alcohol or methyl alcohol (methanol) by garages and filling stations, when used for antifreeze purposes and poured directly into the radiator of any automobile or motor vehicle by the seller thereof

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ORS 453.030 [Amended by 1969 c.631 §2; renumbered 453.175]

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ORS 453.035 Standards for labeling of hazardous substances. (1) The Director of the Oregon Health Authority shall adopt standards for the labeling of hazardous substances. The director may permit or require the use of a recognized generic name or may require the common or usual name or the chemical name, if there is no common or usual name, of the hazardous substance or of each component which the director finds contributes substantially to its hazard

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ORS 453.040 [Amended by 1969 c.631 §3; repealed by 1971 c.409 §16]

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ORS 453.045 Poison registers; contents. (1) Every person who purchases poison shall be registered in a poison register, kept solely for that purpose, stating the date and hour of the sale, the name and address and the signature of the purchaser, the kind and quantity of the poison sold, a statement by the purchaser of the purpose for which it is required, and the name of the dispenser, who must be a pharmacist

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ORS 453.050 [Amended by 1969 c.631 §4; repealed by 1971 c.409 §16]

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ORS 453.055 Hazardous, banned hazardous, misbranded hazardous substances; declaration; removal from commerce. (1) The Director of the Oregon Health Authority shall declare to be a hazardous substance any substance or mixture of substances which the director finds to be within the definition of hazardous substance in ORS 453.005

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ORS 453.060 [Amended by 1969 c.631 §5; repealed by 1971 c.409 §16]

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ORS 453.065 Detention of suspected substances; petition for label of condemnation; judgment, relabeling or destruction of substances; expenses. (1) Whenever the Director of the Oregon Health Authority or a designated representative finds or has probable cause to believe that any hazardous household substance is misbranded, or is a banned hazardous substance, the director or designated representative shall affix to such article a tag or other appropriate marking, giving notice that such article is or is suspected of being misbranded or is a banned hazardous substance, and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court

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ORS 453.070 [Amended by 1969 c.631 §17; renumbered 453.185]

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ORS 453.075 Repurchase of banned hazardous substances previously sold; refund of purchase price. (1) Any article or substance sold by its manufacturer, distributor, or dealer that is a banned hazardous substance, whether or not it was such at the time of its sale, shall, in accordance with rules of the Director of the Oregon Health Authority, be repurchased as provided in this section

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ORS 453.080 [Repealed by 1969 c.631 §17]

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ORS 453.085 Prohibited acts. A person may not perform any of the following acts

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ORS 453.090 [Amended by 1953 c.351 §2; 1969 c.631 §7; repealed by 1971 c.409 §16]

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ORS 453.095 Rules; determination of combustibility, flammability; designating strong sensitizers. (1) The authority to adopt rules for the administration and enforcement of ORS 453.005 to 453.135 and 453.990 (2) is vested in the Director of the Oregon Health Authority pursuant to ORS chapter 183

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ORS 453.100 [Amended by 1969 c.631 §8; repealed by 1971 c.409 §16]

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ORS 453.105 Authority to enter premises; inspections; taking samples; payment. (1) For the purposes of enforcement of ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority or a designated representative upon presenting appropriate credentials to the owner, operator or agent in charge, may

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ORS 453.110 [Amended by 1953 c.351 §2; 1965 c.90 §1; 1967 c.381 §1; 1969 c.631 §9; repealed by 1971 c.409 §16]

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ORS 453.115 Access to records of persons carrying, receiving or storing in commerce; use as evidence limited; exemption for carriers. (1) For the purpose of enforcing the provisions of ORS 453.005 to 453.135 and 453.990 (2), carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon request, permit the Director of the Oregon Health Authority or a designated representative at reasonable times, to have access to and to copy all records showing the movement in commerce of any such hazardous substances, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof. Such request must be accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates

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ORS 453.120 [Amended by 1969 c.631 §10; repealed by 1971 c.409 §16]

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ORS 453.125 Enjoining violations. In addition to the remedies provided in ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority may apply to the circuit court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of ORS 453.085. [1971 c.409 §7; 2009 c.595 §888]

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ORS 453.130 [Amended by 1969 c.631 §11; repealed by 1971 c.409 §16]

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ORS 453.135 Notice required prior to institution of criminal proceedings. Before any violation of ORS 453.005 to 453.135 and 453.990 (2) is reported to any district attorney or police official for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present the person’s views before the Director of the Oregon Health Authority or the designated agent of the director, either orally or in writing, in person, or by attorney, with regard to such contemplated proceeding. [1971 c.409 §9; 2009 c.595 §889]

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ORS 453.140 [Amended by 1969 c.631 §12; repealed by 1971 c.409 §16]

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ORS 453.150 [Amended by 1969 c.631 §13; repealed by 1971 c.409 §16]

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ORS 453.160 [Repealed by 1971 c.409 §16]

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ORS 453.170 [Amended by 1969 c.631 §14; repealed by 1971 c.409 §16]

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ORS 453.175 Necessity for poison label; content. Except as otherwise specifically provided by law, no person shall sell or dispense at retail any poison without affixing to the box, bottle, vessel or package containing the poison, a clear and legible label, either printed or written, bearing the name of the poison in English with the name and the place of business of the pharmacist, owner or manager by whom it is sold. [Formerly 453.030; 1977 c.582 §50]

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ORS 453.185 False representation by purchaser prohibited. It is unlawful for any person to give a fictitious name or make any false representations to the seller or dealer when buying any of the poisons or any caustic or corrosive substances specified in ORS 453.005 (14) or in the rules of the State Board of Pharmacy. [Formerly 453.070; 1977 c.582 §51]

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ORS 453.205 Definitions for ORS 453.205 to 453.275. As used in ORS 453.205 to 453.275

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ORS 453.210 [Repealed by 1971 c.409 §16]

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ORS 453.215 Legislative findings. The Legislative Assembly

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ORS 453.220 [Repealed by 1971 c.409 §16]

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ORS 453.225 When presumption of toxic ingredient arises. For the purposes of ORS 453.205 to 453.275, an art or craft material shall be presumed to contain an ingredient which is a toxic substance causing chronic illness if the ingredient, whether an intentional ingredient or an impurity, is one percent or more by weight of the mixture or product, or if the Oregon Health Authority determines that the toxic or carcinogenic properties of the art or craft material are such that labeling is necessary for the adequate protection of the public health and safety. [1985 c.539 §3; 2009 c.595 §891]

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ORS 453.230 [Repealed by 1971 c.409 §16]

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ORS 453.235 Distribution of material containing toxic substances; warnings required; exemptions. (1) No person shall distribute any art or craft material containing toxic substances causing chronic illness on which the person

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ORS 453.240 [Repealed by 1971 c.409 §16]

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ORS 453.245 Order or purchase by school of material considered to contain toxic substance prohibited; exceptions. (1) Art or craft material that is considered by the Oregon Health Authority to contain a toxic substance causing chronic illness may not be ordered or purchased by a school or school district for use by students in kindergarten and grades 1 through 6

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ORS 453.255 List of authorized art and craft materials; distribution of lists; information about and disposal of toxic materials. (1) By June 1, 1986, the Oregon Health Authority shall develop a list of those art or craft materials which can be purchased or ordered for use in kindergarten and in grades 1 through 6 and a list of materials which, while not currently sold or manufactured, may be reasonably suspected to still exist at some schools. In developing the lists, the authority shall consult with manufacturers of art supplies, artists’ groups, health organizations and toxicologists as the authority considers appropriate

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ORS 453.265 Filing of formulation information with poison control centers required; labeling. (1) The manufacturer of any art or craft material sold, distributed, offered for sale or exposed for sale in this state shall supply to a national poison control network approved by the Director of the Oregon Health Authority the formulation information required by that network for dissemination to poison control centers. Failure to file formulation information with an approved poison control network is a violation of ORS 453.205 to 453.275

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ORS 453.275 Civil penalty. Violation of ORS 453.235 or 453.265 is punishable by a civil penalty of not to exceed $1,000 that may be imposed and collected in the manner prescribed in ORS 441.705 to 441.745. [1985 c.539 §9]

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ORS 453.305 [1971 c.609 §2; 1975 c.606 §21; renumbered 469.300]

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ORS 453.307 Definitions for ORS 453.307 to 453.414. As used in ORS 453.307 to 453.414

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ORS 453.310 [Amended by 1969 c.514 §51; renumbered 689.855]

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ORS 453.312 Legislative findings. The Legislative Assembly finds and declares that

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