Chapter 616 — Chapter 616

ORS 616.780 Standards of identity or quality for flours, macaroni and noodle products. The State Department of Agriculture shall adopt and promulgate standards of identity or standards of quality for flours, macaroni products and noodle products pursuant to the provisions of ORS 616.230 for those flours, macaroni products and noodle products for which definitions and standards have been promulgated by authority of the United States. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated by authority of the United States and may not be inconsistent with definitions and standards promulgated by such authority. The department shall periodically amend its definitions and standards so as to keep in harmony as far as practicable with the definitions and standards promulgated by authority of the United States. The other applicable provisions of ORS 616.205 to 616.385 shall apply to such flours, macaroni products and noodle products and to any standards of identity or quality promulgated hereunder. [1971 c.176 §4; 2001 c.320 §8]

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ORS 616.785 Sale of unenriched flours, macaroni or noodle products prohibited; certain products exempted. (1) It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale for human consumption any of the flours, macaroni products or noodle products specified in ORS 616.775 (2) and (3) unless they are enriched

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ORS 616.790 Enforcement of ORS 616.775 to 616.790 by department; inspection; sampling; failure to permit inspection; rules. (1) The State Department of Agriculture shall enforce ORS 616.775 to 616.790 and 616.992 and shall have, in connection therewith, all the powers conferred and imposed on it by law and any other powers necessary or proper to enable it to enforce ORS 616.775 to 616.790 and 616.992

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ORS 616.800 Short title. ORS 616.800 to 616.835 and 616.994 may be cited as the Open Date Labeling Law. [1973 c.173 §2]

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ORS 616.805 Definitions for ORS 616.800 to 616.835 and 616.994. As used in ORS 616.800 to 616.835 and 616.994, unless the context requires otherwise

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ORS 616.810 Exemption for alcoholic beverages. ORS 616.800 to 616.835 and 616.994 do not apply to alcoholic beverages. [1973 c.173 §9]

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ORS 616.815 Open date labeling required for packaged perishable food sold at retail. No person shall sell or offer for sale at retail any packaged perishable food unless the package bears a clearly marked, printed or stamped label showing the open date for the perishable food in the package. Such label shall be so designed and placed as to be clearly visible to the consumer. [1973 c.173 §4]

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ORS 616.820 Label required to be affixed to package not later than time of delivery to retail seller. (1) The perishable food manufacturer, processor or packager shall affix, print or stamp the label required by ORS 616.815 to the perishable food retail package and to all closed shipping cartons, containers or wrappers of such perishable food packages not later than the time of delivery of the perishable food packages to the retail seller

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ORS 616.825 Sale of perishable food after expiration of pull date prohibited; exceptions; time for removal of packages with expired pull dates. (1) No person shall sell or offer for sale at retail any packaged perishable food after the expiration of the open pull date appearing on the label of the package or container unless

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ORS 616.830 Altering labels or using nonconforming labels prohibited. No person shall

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ORS 616.835 Rulemaking authority. In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, in consultation with the industries affected, shall promulgate rules to carry out ORS 616.800 to 616.835 and 616.994. Such rules shall include, but are not limited to

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ORS 616.850 Definitions for ORS 616.850 to 616.890. As used in ORS 616.850 to 616.890, unless the context requires otherwise

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ORS 616.855 Items exempt from unit pricing requirements. ORS 616.850 to 616.890 do not apply to

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ORS 616.860 Unit pricing of packaged consumer commodities required; explanation to consumers. (1) Except as provided in ORS 616.855 and 616.865, no person shall sell or offer for retail sale at a grocery store or food market any packaged consumer commodity unless there is clearly displayed upon the commodity package or at a place in reasonable proximity to where the commodity is offered for sale a statement of the unit retail price of the commodity pursuant to ORS 616.870 and the total retail price of the commodity

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ORS 616.865 Temporary sale items exempt. When a packaged consumer commodity is sold or offered for sale at retail at a price lower than the price at which the commodity is regularly sold or offered for sale, the retail seller is exempt from the requirements of ORS 616.860 (1) as to such commodities unless the lower price is to be in effect for more than 30 consecutive business days. [1977 c.181 §6]

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ORS 616.870 Prescribed pricing by units of measurement. Retail sellers of packaged consumer commodities shall express unit retail price statements in terms of the price per single whole unit of weight, volume, measure or count as prescribed by administrative rules adopted by the State Department of Agriculture under ORS 616.875 for particular consumer commodities or groups for consumer commodities. [1977 c.181 §7; 1979 c.827 §3]

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ORS 616.875 Rules; retail establishments presumed subject to unit pricing until exempted by department. (1) In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture may promulgate rules for the administration and enforcement of the provisions of ORS 616.850 to 616.890

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ORS 616.880 Written warning notice for minor violation. Nothing in ORS 616.850 to 616.890 shall be construed as requiring the State Department of Agriculture to cite incidental or minor violations of ORS 616.860 to 616.870 whenever the department believes that the public interest will be served adequately in the circumstances by issuance of an alleged written warning notice. Each such notice issued shall include the name and address of the grocery store or food market, the date of the notice issuance, a description of the alleged violation and a statement of the penalties for a continued course of violation. [1977 c.181 §9; 2009 c.175 §9]

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ORS 616.885 [1977 c.181 §10; 1991 c.734 §54; renumbered 616.996 in 2001]

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ORS 616.890 Short title. ORS 616.850 to 616.890 may be cited as the Unit Pricing Law. [1977 c.181 §2; 2009 c.175 §10]

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ORS 616.892 Single-use plastic straws; penalties. (1) As used in this section

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ORS 616.894 Local plastic straw laws. A local government or municipality may not, after June 13, 2019, enact an ordinance, resolution, regulation, rule or other law with requirements that differ from the provisions set forth in ORS 616.892. [2019 c.362 §2]

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ORS 616.900 [1989 c.1025 §8; 1991 c.734 §55; 2001 c.320 §9; repealed by 2001 c.320 §10]

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ORS 616.902 Use of consumer-owned containers. (1) As used in this section

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ORS 616.910 Donations of meat; rules. The State Department of Agriculture shall adopt rules allowing donations to charitable organizations, including low-income nutritional centers, and to other organizations that offer food for noncommercial purposes, of meat that is

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ORS 616.990 [Subsection (2) of 1959 Replacement Part renumbered as part of 561.990; subsection (3) enacted as 1961 c.637 §16; 1965 c.107 §3; subsection (10) enacted as 1971 c.176 §9; repealed by 1973 c.227 §26]

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ORS 616.992 General criminal penalty. The violation of any provisions of this chapter or of any rule adopted under this chapter is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense. [1973 c.227 §28; 2009 c.11 §79; 2009 c.175 §1]

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ORS 616.994 Criminal penalty for open date labeling law violations. Violation of any provision of ORS 616.800 to 616.835 or of any rule promulgated pursuant thereto is a Class B misdemeanor. [1973 c.173 §10]

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ORS 616.996 [Formerly 616.885; repealed by 2009 c.175 §6]

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ORS 616.997 Civil penalties; rules; hearing; disposition of moneys. (1) In addition to any penalty available under ORS 561.190, 616.992 or 616.994, the State Department of Agriculture may impose a civil penalty for a violation of this chapter, of rules, regulations or standards adopted under this chapter or of an order issued under ORS 616.713. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event

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