Chapter 475 — Chapter 475
247 sections in this chapter.
ORS 475.300 [1999 c.4 §2; 2015 c.614 §90; renumbered 475B.400 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.302 [1999 c.4 §3; 2001 c.900 §205; 2003 c.14 §305; 2005 c.22 §346; 2005 c.822 §1; 2007 c.573 §1; 2009 c.595 §964; 2013 c.337 §1; 2013 c.726 §3; 2015 c.614 §80; 2015 c.844 §4; renumbered 475B.410 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.303 [2005 c.822 §7; 2009 c.595 §965; 2015 c.614 §90a; renumbered 475B.520 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.304 [2005 c.822 §8; 2007 c.573 §2; 2009 c.595 §966; 2011 c.630 §92; 2013 c.726 §4; 2015 c.614 §81; renumbered 475B.420 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.305 [1977 c.636 §1; 1979 c.674 §1; repealed by 1993 c.571 §30]
0.0K chars
[Repealed or reserved.]
ORS 475.306 [1999 c.4 §7; 2005 c.822 §2; 2009 c.595 §967; 2015 c.614 §84; renumbered 475B.433 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.309 [1999 c.4 §4; 1999 c.825 §2; 2003 c.14 §306; 2005 c.822 §3; 2007 c.573 §3; 2009 c.595 §968; 2013 c.726 §5; 2015 c.736 §§103,116; renumbered 475B.415 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.312 [1999 c.4 §13; 2009 c.595 §969; 2015 c.614 §80b; renumbered 475B.418 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.314 [2013 c.726 §2; 2014 c.79 §5; 2015 c.614 §86; renumbered 475B.450 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.315 [1977 c.636 §2; 1979 c.674 §2; repealed by 1993 c.571 §30]
0.0K chars
[Repealed or reserved.]
ORS 475.316 [1999 c.4 §5; 1999 c.825 §3; 2005 c.822 §13; 2007 c.573 §4; 2009 c.595 §970; 2015 c.614 §87b; renumbered 475B.478 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.319 [1999 c.4 §6; 1999 c.825 §4; 2005 c.22 §347; 2005 c.822 §12; 2015 c.614 §87a; renumbered 475B.480 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.320 [2005 c.822 §9; 2007 c.573 §5; 2009 c.595 §971; 2013 c.726 §6; 2015 c.614 §82; renumbered 475B.428 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.323 [1999 c.4 §8; 1999 c.825 §5; 2005 c.22 §348; 2013 c.726 §7; 2015 c.614 §90b; renumbered 475B.490 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.324 [2005 c.822 §10; repealed by 2015 c.614 §175a]
0.0K chars
[Repealed or reserved.]
ORS 475.325 [1977 c.636 §3; 1979 c.674 §3; repealed by 1993 c.571 §30]
0.0K chars
[Repealed or reserved.]
ORS 475.326 [1999 c.4 §9; 2005 c.822 §11; 2015 c.614 §90c; renumbered 475B.483 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.328 [1999 c.4 §10; 2005 c.822 §4; 2015 c.614 §90d; renumbered 475B.485 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.331 [1999 c.4 §12; 2005 c.822 §5; 2009 c.595 §972; 2013 c.726 §8; 2015 c.614 §90e; renumbered 475B.460 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.334 [1999 c.4 §14; 2009 c.595 §973; 2015 c.614 §90f; renumbered 475B.517 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.335 [1977 c.636 §4; 1979 c.674 §4; repealed by 1993 c.571 §30]
0.0K chars
[Repealed or reserved.]
ORS 475.338 [1999 c.4 §15; 2009 c.595 §974; 2015 c.614 §90g; renumbered 475B.525 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.340 [1999 c.4 §16; 2015 c.614 §90h; renumbered 475B.413 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.342 [1999 c.4 §11; 2015 c.614 §90i; renumbered 475B.515 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.345 [1977 c.636 §5; 1979 c.674 §5; repealed by 1993 c.571 §30]
0.0K chars
[Repealed or reserved.]
ORS 475.346 [1999 c.4 §1; renumbered 475B.405 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 475.355 [1977 c.636 §6; 1979 c.674 §6; repealed by 1993 c.571 §30]
0.0K chars
[Repealed or reserved.]
ORS 475.360 [1979 c.674 §10; repealed by 1993 c.571 §30]
0.0K chars
[Repealed or reserved.]
ORS 475.365 [1977 c.636 §7; 1979 c.674 §7; repealed by 1993 c.571 §30]
0.0K chars
[Repealed or reserved.]
ORS 475.375 [1977 c.636 §8; 1979 c.674 §8; repealed by 1993 c.571 §30]
0.0K chars
MISCELLANEOUS DRUGS (1,1-Difluoroethane)
ORS 475.376 Prohibition on retail sale of aerosol duster that contains 1,1-Difluoroethane to individual under 18 years of age; labeling requirement; exceptions; penalties. (1) As used in this section
3.7K chars
(a) “Aerosol duster” means a product used to clean electronics and other items by means of an aerosol sprayed from a pressurized container. (b) “1,1-Difluoroethane” or “DFE” means a colorless, odorless gas with the chemical formula C2H4F2, often used as a refrigerant or propellan…
ORS 475.380 Prohibition on retail sale of dextromethorphan to individual 17 years of age or younger; penalties; exceptions. (1) For purposes of this section and ORS 475.382 and 475.384, “finished drug product” means a drug marketed in accordance with federal Food and Drug Administration requirements that is in a finished dosage form
2.9K chars
(2)(a) A business that makes retail sales of a finished drug product containing dextromethorphan, or an employee of the business, may not sell or deliver the finished drug product to an individual who is 17 years of age or younger. (b) An individual who is 17 years of age or youn…
ORS 475.382 Limitation on compliance requirements. ORS 475.380 may not be construed to impose on a business that makes retail sales of a finished drug product containing dextromethorphan any compliance requirement other than manually obtaining and verifying proof of age as a condition of sale. For purposes of this section, compliance requirements include any requirement to place a finished drug product in a specific location within the business, any restriction on an individual’s direct access to the finished drug product and any requirement to keep and maintain records of transactions involving the finished drug product. [2017 c.345 §2]
0.0K chars
Note: See note under 475.380.
ORS 475.384 Trade association list of marketed products containing dextromethorphan; ability to request. Any trade association representing manufacturers of over-the-counter finished drug products containing dextromethorphan must provide to any requesting business that makes retail sales a list of the finished drug products containing dextromethorphan marketed by the trade association’s members. A business may make a request pursuant to this section only once per year. [2017 c.345 §3]
0.0K chars
Note: See note under 475.380.
ORS 475.386 State preemption. Except as expressly authorized by law, the authority to regulate the sale, delivery, purchase, receipt or possession of a product containing dextromethorphan in this state is vested solely in the Legislative Assembly. [2017 c.345 §4]
0.0K chars
Note: See note under 475.380. (Nitrous Oxide)
ORS 475.390 Prohibition on retail sale of nitrous oxide to individual under 18 years of age; proof of age; online orders; penalties. (1) A business, or an employee of a business, that makes retail sales of nitrous oxide canisters from which an individual may directly inhale nitrous oxide may not sell or deliver a nitrous oxide canister described in this subsection to an individual who is under 18 years of age
2.3K chars
(2)(a) Prior to selling or delivering a nitrous oxide canister described in subsection (1) of this section to an individual, a business or employee of the business shall require the individual to produce one of the following pieces of identification in order to verify that the in…
ORS 475.392 Short title. ORS 475.394 to 475.404 shall be known and may be cited as the Oregon Kratom Consumer Protection Act. [2022 c.41 §1]
0.2K chars
Note: 475.392 to 475.404 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 475.394 Definitions for ORS 475.394 to 475.404. As used in ORS 475.394 to 475.404
0.5K chars
(1) “Kratom product” means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption containing any part of the leaf of the plant Mitragyna speciosa. (2) “Processor” means a person that sells, distributes or exposes for sale k…
ORS 475.396 Prohibition on unregistered processing; civil penalty. (1) A processor may not sell, distribute or expose for sale a kratom product prior to registering with the Department of Revenue under ORS 475.404
0.4K chars
(2) A processor that violates subsection (1) of this section is subject to a civil penalty of not more than $500 for the first offense and not more than $1,000 for a second or subsequent offense. (3) Except as otherwise provided by state tax law or the department by rule or order…
ORS 475.398 Prohibition on sale, distribution, exposure of kratom product to minor; penalty. (1) A retailer may not sell, distribute or expose for sale a kratom product to an individual under 21 years of age
0.2K chars
(2) A retailer that violates subsection (1) of this section is guilty of a Class C misdemeanor for each violation. [2022 c.41 §4] Note: See note under 475.392.
ORS 475.400 Department of Revenue suspense account. The Department of Revenue shall deposit all moneys collected under ORS 475.396 and 475.404 in a suspense account established under ORS 293.445. The department may pay expenses for the administration and enforcement of ORS 475.394 to 475.404 with moneys from the suspense account. The department shall pay refunds, if any, with moneys in the suspense account. Moneys necessary to pay administrative and enforcement expenses and refunds are continuously appropriated to the department from the suspense account. [2022 c.41 §5]
0.0K chars
Note: See note under 475.392.
ORS 475.402 Application of ORS chapters 305, 314 to civil penalties. Except as otherwise provided or where the context requires otherwise, the provisions of ORS chapters 305 and 314 as to the determination and notice of deficiencies, assessments, collections, liens, delinquencies, claims for refund and refunds, stays of collection pending appeal, confidentiality of registration and the related civil penalties, and the related procedures, apply to the determination of civil penalties imposed under ORS 475.396 and registration fees imposed under ORS 475.404. [2022 c.41 §6]
0.0K chars
Note: See note under 475.392.
ORS 475.404 Department of Revenue rules; fees. (1) The Department of Revenue shall adopt rules necessary to carry out ORS 475.394 and 475.396, including rules establishing
0.7K chars
(a) Procedures for a processor to register annually with the department, including a requirement that a processor certify that all of the kratom products the processor will sell, distribute or expose for sale are third-party tested to satisfy industry standards for adulteration; …
ORS 475.405 Definitions for ORS 475.405 to 475.495. As used in ORS 475.405 to 475.495
1.7K chars
(1) “Chemical” means: (a) Any material defined as a controlled substance or precursor substance as defined by ORS 475.005 to 475.285 and 475.744 to 475.980. (b) Any substance used in the manufacture of a controlled substance as defined by ORS 475.005 to 475.285 and 475.744 to 475…
ORS 475.415 Request for cleanup. Upon the request of a law enforcement agency, the Department of Environmental Quality may identify, clean up, store and dispose of chemicals located at an alleged illegal drug manufacturing site. [1987 c.699 §2]
0.0K chars
[Repealed or reserved.]
ORS 475.425 Environmental Quality Commission rules; designation of chemicals. (1) The Environmental Quality Commission shall consult with the law enforcement agencies in adopting rules necessary for the Department of Environmental Quality to carry out its responsibilities under ORS 475.415
0.3K chars
(2) By rule, the commission may designate as chemical for the purposes of ORS 475.405 to 475.495 any element, compound, mixture or solution that may be a controlled substance or precursor substance as defined by ORS 475.005 to 475.285 and 475.744 to 475.980 or used to illegally m…
ORS 475.435 Authority of director. (1) Upon request of a law enforcement agency, the Director of the Department of Environmental Quality
2.3K chars
(a) May undertake directly or by contract any cleanup action necessary to protect the public health, safety, welfare and the environment; or (b) May authorize any person to carry out any cleanup action in accordance with any requirements of or directions from the director, if the…
ORS 475.445 Site entry; purposes. (1) Upon request of a law enforcement agency under ORS 475.415, the Department of Environmental Quality or its authorized representative may enter any alleged illegal drug manufacturing site at any reasonable time to
0.5K chars
(a) Sample, inspect, examine and investigate; (b) Examine and copy records and other information; or (c) Carry out cleanup action authorized by ORS 475.415 to 475.455, 475.475 and 475.485. (2) If any person refuses to provide information, documents, records or to allow entry unde…
ORS 475.455 Liability of certain persons for cleanup costs. (1) The following persons shall be strictly liable for those cleanup costs incurred by the state or any other person that are attributable to or associated with an alleged illegal drug manufacturing site and for damages for injury to or destruction of any natural resources caused by chemicals at the site
7.2K chars
(a) Any owner or operator at or during the time of the acts or omissions that resulted in a site being created or damage to natural resources. (b) Any owner or operator who became the owner or operator after the time of the acts or omissions that resulted in a site being created …
ORS 475.465 Liability of state for cleanup. Notwithstanding any other provision of law, the State of Oregon, the Environmental Quality Commission and the Department of Environmental Quality and their officers, employees and agents shall not be liable to a person possessing or owning chemicals located at an alleged illegal drug manufacturing site for any claims or actions arising from the identification, cleanup, storage or disposal of such chemicals by the Department of Environmental Quality. [1987 c.699 §10]
0.0K chars
[Repealed or reserved.]