Chapter 616 — Chapter 616

ORS 616.005 [Repealed by 2003 c.14 §361]

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ORS 616.010 State Department of Agriculture and Oregon Health Authority to administer and enforce food laws. The duty of administration and enforcement of all regulatory legislation applying to

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ORS 616.015 Cooperation between Oregon Health Authority and State Department of Agriculture. In order to more effectively utilize the agencies of the state in the public interest and without unnecessary duplication and expense, the relationship between the production, processing and distribution of food and the public health hereby is recognized. Therefore there shall be the fullest cooperation between the Oregon Health Authority and the State Department of Agriculture. [Amended by 2009 c.595 §992]

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ORS 616.020 Surveys, investigations and inquiries by Oregon Health Authority. (1) In addition to any Oregon Health Authority survey, investigation or inquiry authorized by law that involves the production, processing or distribution of agricultural products, the authority shall make such further surveys, investigations or inquiries as may be requested by the Director of Agriculture for the purpose of showing the manner in which the production, processing or distribution of agricultural products may affect the public health

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ORS 616.025 [Amended by 1953 c.686 §37; 1965 c.107 §1; 1973 c.174 §17; repealed by 1973 c.227 §26]

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ORS 616.028 State Department of Agriculture administration and enforcement of federal or interstate food safety systems; rules; penalties. (1) Consistent with the terms of the federal FDA Food Safety Modernization Act (P.L. 111-353) or interstate food safety systems authorized under the federal Act, the State Department of Agriculture may administer and enforce duties, functions and powers that include, but are not limited to

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ORS 616.030 [Repealed by 1953 c.686 §37]

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ORS 616.035 [Repealed by 1953 c.686 §37]

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ORS 616.040 [Repealed by 1953 c.686 §37]

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ORS 616.045 [Repealed by 1953 c.686 §37]

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ORS 616.050 [Repealed by 1953 c.686 §37]

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ORS 616.055 [Repealed by 1973 c.227 §26]

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ORS 616.060 [Repealed by 1973 c.227 §26]

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ORS 616.062 [Repealed by 1953 c.686 §37]

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ORS 616.065 Certificate of analysis or test as evidence. The certificate of analysis or test of any chemist, or other authorized officer, employee or deputy of the State Department of Agriculture, signed and certified to by that person, is prima facie evidence in all courts of justice of the matters and facts certified to therein

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ORS 616.070 [Repealed by 1973 c.227 §26]

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ORS 616.073 Policy and prohibitions on sulfite use; exceptions. (1) The Legislative Assembly finds that sulfites used as an additive in fresh foods and foods to be consumed without cooking may have already caused the death of one Oregonian and may pose a threat to the health of thousands of Oregonians

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ORS 616.075 [Repealed by 1969 c.131 §5]

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ORS 616.077 Oregon Health Authority rules; exception. (1) The Oregon Health Authority shall adopt any rules necessary to implement the policy established in ORS 616.073

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ORS 616.080 [Amended by 1953 c.686 §37; 1965 c.107 §2; 1973 c.174 §18; repealed by 1973 c.227 §26]

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ORS 616.085 [Repealed by 1953 c.686 §37]

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ORS 616.090 [Repealed by 1973 c.227 §26]

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ORS 616.095 [Amended by 1953 c.66 §2; part renumbered 561.605 to 561.620; part renumbered as part of 561.625]

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ORS 616.100 [Renumbered as part of 561.625]

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ORS 616.110 [Renumbered 561.630]

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ORS 616.115 [Repealed by 1973 c.227 §26]

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ORS 616.120 [Repealed by 1973 c.227 §26]

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ORS 616.205 Definitions for ORS 616.205 to 616.385. As used in ORS 616.205 to 616.385, unless the context clearly indicates a different meaning

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ORS 616.210 “Selling of food” construed. The provisions of ORS 616.205 to 616.295 regarding the selling of food include the manufacture, production, processing, packing, exposure, offer, possession and holding of any such article for sale; and the sale, dispensing and giving of any such article, and the supplying or applying of any such articles in the conduct of any food establishment. [Amended by 1973 c.227 §2]

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ORS 616.215 Prohibited acts. The following acts and the causing thereof within the State of Oregon are prohibited

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ORS 616.217 Restriction on labeling or selling food fish product as halibut. No person shall label or offer for sale any food fish product designated as halibut, with or without additional descriptive words, unless such food fish product is Hippoglossus hippoglossus or Hippoglossus stenolepsis. [1967 c.413 §2]

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ORS 616.220 Injunction against violations of ORS 616.215. In addition to the remedies provided by ORS 616.205 to 616.295, the State Department of Agriculture or its authorized agents 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 616.215, irrespective of whether or not there exists an adequate remedy at law

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ORS 616.223 Processing of reclaimed fish for food banks; sale and purchase exemption. (1) As used in this section

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ORS 616.225 Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity. (1) Whenever a duly authorized representative of the State Department of Agriculture finds, or has probable cause to believe, that any food or consumer commodity is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of ORS 616.205 to 616.295, the representative shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being adulterated or misbranded and has been detained, embargoed or seized, 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 an authorized representative of the department. No person shall remove or dispose of such detained, embargoed or seized article by sale or otherwise without permission of the department

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ORS 616.230 Definitions and standards; conformity to federal regulations; rules. (1) The State Department of Agriculture, by rule, shall establish definitions and standards of identity, quality and fill of container for the State of Oregon. In carrying out the provisions of this subsection, the department shall take into consideration definitions and standards established in other states and definitions and standards established pursuant to the federal Act

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ORS 616.235 When food deemed adulterated; rules. A food shall be deemed to be adulterated

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ORS 616.240 [Repealed by 1965 c.501 §10]

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ORS 616.245 Adding poisonous or deleterious substance; rules. Any poisonous or deleterious substance, other than a pesticide, added to any food except when the substance is required in the production thereof or cannot be avoided by good manufacturing practice shall be deemed to be unsafe for purposes of the application of ORS 616.235 (1)(b). When the substance is so required or cannot be so avoided, the State Department of Agriculture shall adopt rules limiting the quantity of the substance to the extent the department finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of ORS 616.235 (1)(b). While such a rule is in effect limiting the quantity of any such substance in the case of any food, the food is not, by reason of bearing or containing any added amount of such substance, considered to be adulterated within the meaning of ORS 616.235 (1)(a). In determining the quantity of the added substance to be tolerated in or on different articles of food, the department shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances. [Amended by 1973 c.227 §7; 2005 c.22 §412]

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ORS 616.250 When food deemed misbranded; rules. A food shall be deemed to be misbranded

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ORS 616.255 [Repealed by 1973 c.227 §9 (616.256 enacted in lieu of 616.255)]

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ORS 616.256 Labeling exemption for foods to be repackaged; rules. The State Department of Agriculture may by rule exempt from any of the labeling requirements of ORS 616.205 to 616.385, food which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed. Such exemptions shall be conditioned upon the fact that such food is not adulterated or misbranded under the provisions of ORS 616.205 to 616.385, upon the removal from such processing, labeling or repacking establishment. [1973 c.227 §10 (enacted in lieu of 616.255); 2001 c.320 §5]

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ORS 616.260 [Repealed by 1973 c.227 §26]

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ORS 616.265 When advertisement deemed false. An advertisement of a food shall be deemed to be false if it is false or misleading in any particular

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ORS 616.270 Determining when label or advertisement misleading. If any article is alleged to be misbranded because the labeling is misleading, or if any advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual

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ORS 616.275 Liability for dissemination of false advertisement. No publisher, radio broadcast licensee or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, is liable under this section by reason of the dissemination by the publisher, licensee or agency or medium of such false advertisement, unless the publisher, licensee or agency or medium has refused, on the request of the State Department of Agriculture, or its authorized representative, to furnish the department the name and post-office address of the manufacturer, packer, distributor, seller or advertising agency who caused the publisher, licensee or agency or medium to disseminate the advertisement

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ORS 616.280 [Repealed by 1961 c.637 §17]

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ORS 616.285 [Repealed by 1973 c.227 §11 (616.286 enacted in lieu of 616.285)]

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ORS 616.286 Inspection and investigation powers of department. (1) For purposes of enforcement of ORS 616.205 to 616.385, the State Department of Agriculture or any of its authorized representatives are authorized upon presentation of appropriate credentials to the owner, operator or agent in charge

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ORS 616.290 [Repealed by 1973 c.227 §26]

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ORS 616.295 Reports and information issuable by department. (1) The State Department of Agriculture may cause to be published from time to time reports summarizing all judgments and court orders which have been rendered under ORS 616.205 to 616.295, 616.305 to 616.315, and 616.992, including the nature of the charge and the disposition thereof

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