Title 36, Public Health and Safety

As used in ORS 453.001 to 453.185, unless the context requires otherwise: (1) “Authority” means the Oregon Health Authority. (2) “Director” means the Director of the Oregon Health Authority. [1973 c.829 §15b; 2001 c.900 §200; 2009 c.595 §878; 2021 c.513 §1] HAZARDOUS SUBSTANCES (…

As used in ORS 453.005 to 453.135 unless the context requires otherwise: (1) “Combustible” means any substance that has a flash point above 80 degrees Fahrenheit to and including 140 degrees, as determined by the Tagliabue Open Cup Tester. (2) “Commerce” means any and all commerc…

ORS 453.005 to 453.135 and 453.990 (2) do not apply to: (1) Articles such as chemical sets which by reason of functional purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical or thermal hazard, and which bear labeling g…

(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…

(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 nam…

(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 …

(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. (2) If the director finds that any hazardous substance is a…

(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 a…

(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 th…

A person may not perform any of the following acts: (1) The introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance. (2) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part …

(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. (2) The director shall cause the rules adopted under ORS 453.005 to 453.135 and …

(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: (a) Enter, at reasonable times, any fa…

(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 …

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 re…

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 pre…

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 wi…

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;…

As used in ORS 453.205 to 453.275: (1) “Art or craft material” means any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or principal importer as being suitable for use in any phase of the creation of any work of vis…

The Legislative Assembly: (1) Finds and declares that there exists a significant danger to the public health and safety from exposure to art or craft material which contains toxic chemicals. This health risk threatens not only professional artists and craftspersons, but art teach…

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 …

(1) No person shall distribute any art or craft material containing toxic substances causing chronic illness on which the person: (a) Has failed to affix a conspicuous label containing the signal word “WARNING,” to alert users of potential adverse health effects. (b) Has failed t…

(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. (2) Any substance that is a …

(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 sus…

(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 f…

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]

As used in ORS 453.307 to 453.414: (1) “Community right to know regulatory program” or “local program” means any law, rule, ordinance, regulation or charter amendment established, enforced or enacted by a local government that requires an employer to collect or report information…

The Legislative Assembly finds and declares that: (1) The public’s health and safety may be endangered by a lack of knowledge about hazardous substances located within this state. (2) Information on the use of hazardous substances in this state should be made readily available to…

(1) The State Fire Marshal shall develop a hazardous substance survey and distribute the survey to employers in this state. The survey shall request the following information from such employers: (a) The identity and hazard classification of the hazardous substance as listed on a…

(1) The State Fire Marshal shall retain for at least five years the information provided by the employer under ORS 453.317. (2) The State Fire Marshal shall provide copies of the information to each local public health authority as defined in ORS 431.003, fire district and any pu…

(1) Notwithstanding any other provision of ORS 453.307 to 453.414 and 476.030, the public is permitted access to records retained under ORS 453.322 relating to hazardous substances not otherwise protected as a trade secret or by a confidentiality agreement described in ORS 453.33…

(1) An employer responding to a request under ORS 453.317 may withhold the specific hazardous substance identity, including the chemical name and any other specific identification of a hazardous substance, if: (a) Upon a showing satisfactory to the State Fire Marshal, the records…

(1) If a health professional determines that a medical emergency exists and the specific identity of a hazardous substance is necessary for emergency or first-aid treatment, the employer shall immediately, if known, disclose the specific hazardous substance identity without first…

Any fire department, emergency service personnel or law enforcement agency responding to an incident of injury to a human, wildlife, domestic animal or property resulting from a hazardous substance emergency shall make a report of the incident, in writing, to the Department of th…

(1) The State Fire Marshal shall assist with emergency response planning by appropriate agencies of government at the local, state and national levels to assure that the response to a hazardous substance fixed site or transportation accident is swift and appropriate to minimize d…

The State Fire Marshal may exempt by rule certain hazardous substances from all or part of the reporting requirements of ORS 453.317 and 453.342. Such an exemption can be made only if the State Fire Marshal finds that the location, quantity, concentration or type of hazardous sub…

(1) In addition to any other liability or penalty provided by law the State Fire Marshal may impose a civil penalty in an amount not to exceed $1,000 per day against any employer who, by a complete or partial failure to report hazardous substances, does not comply with the provis…

In order to conduct the hazardous substance survey under ORS 453.317, the State Fire Marshal may obtain employers’ names and addresses from the Department of Consumer and Business Services. The Department of the State Fire Marshal shall pay for the expenses incurred by the Depart…

In accordance with applicable provisions of ORS chapter 183, the State Fire Marshal shall adopt rules necessary to carry out the provisions of ORS 453.307 to 453.414. [1985 c.726 §5]

(1) In order to maintain and ensure the effectiveness of state programs established under ORS 453.307 to 453.414, as well as to ensure the effectiveness of local efforts, a local government may establish, enforce or enact a local community right to know regulatory program provide…

ORS 453.307 to 453.414 may be cited as the Community Right to Know and Protection Act. [1985 c.726 §2]

The State Fire Marshal shall establish by rule a plan for the effective implementation of a statewide hazardous material emergency response system, which, to the extent practicable, shall be consistent with the emergency response plan adopted under ORS 466.620. The statewide haza…

(1) In order to determine the need for response to a spill or release or threatened spill or release under ORS 453.307 to 453.414, or enforcing the provisions of ORS 453.307 to 453.414, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses,…

(1) In order to determine the need for response to a spill or release or threatened spill or release under ORS 453.307 to 453.414, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses, applies, treats or disposes of oil or hazardous materi…

In order to protect life and property against the dangers of emergencies involving a hazardous substance as defined in ORS 453.307, the State Fire Marshal may assign and make available for use and duty in any county, city or district, under the direction and command of a person d…

(1) Whenever the State Fire Marshal or a local fire department or district dispatches a regional hazardous material response team to an emergency involving a hazardous material or hazardous substance, the State Fire Marshal or local fire department or district may bill the person…

During operations authorized under ORS 453.374 to 453.390, members of regional hazardous materials response teams shall be protected and defended from liability under ORS 30.260 to 30.300. [1989 c.833 §85]

(1) In order to accomplish the purposes of ORS 453.374 to 453.390, the State Fire Marshal may lend equipment and personnel and make grants for the purchase of equipment and for personnel costs, as funds are available, to any local government participating in the statewide hazardo…

(1) The State Fire Marshal and any local government may enter into contracts with each other concerning eligible equipment or personnel loans or equipment purchases. The contract may include any provisions agreed upon by the parties thereto, and for grants shall include the follo…

(1) When requested in writing by the State Fire Marshal, the Oregon Department of Administrative Services shall draw a warrant on the State Fire Marshal Fund in favor of the State Fire Marshal for use as a revolving fund. The State Treasurer shall hold the revolving fund in a spe…

(1) As part of the plan for the effective implementation of a statewide hazardous material emergency response system established by rule under ORS 453.374, the State Fire Marshal shall adopt by rule a plan for the coordinated response to oil or hazardous material spills or releas…