Chapter 616 — Chapter 616

ORS 616.300 [Repealed by 1953 c.686 §37]

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ORS 616.305 District attorney to prosecute violations. The district attorney of each county to whom the State Department of Agriculture or its authorized representative reports any violation of ORS 616.205 to 616.295 or 616.305 to 616.315 shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law

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ORS 616.310 Notice or warning of minor violations. Nothing in ORS 616.205 to 616.295, 616.305 to 616.315 and 616.992 shall be construed as requiring the State Department of Agriculture to report for the institution of proceedings under those sections minor violations of those sections whenever the department believes that the public interest will be served adequately in the circumstances by a suitable written notice or warning. [Amended by 1973 c.227 §14]

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ORS 616.315 Jurisdiction of courts. Justice courts have concurrent jurisdiction with the circuit courts for the enforcing of the provisions of ORS 616.205 to 616.295, 616.305 to 616.315 and 616.992. [Amended by 1973 c.227 §15]

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ORS 616.320 Short title. ORS 616.205 to 616.385 may be cited as the Oregon Food Law. [Amended by 2001 c.320 §7]

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ORS 616.325 Consumer commodity labeling requirements; restrictions on consumer commodity distribution; rulemaking; conformance to federal standards. (1) All labels of consumer commodities shall conform to such requirements for the declaration of net quantity of contents as the State Department of Agriculture by rule may prescribe. In carrying out the provisions of this subsection, the department shall consider the requirements and exemptions provided in the federal Fair Packaging and Labeling Act, 15 U.S.C. 1451, et seq., as amended, and the rules promulgated pursuant thereto

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ORS 616.330 Alcoholic beverage exemption. ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.341, 616.350 to 616.366, 616.790, 616.992, rules adopted by the Oregon Health Authority under ORS 616.077 (1) and this section do not apply to alcoholic beverages. [1973 c.227 §25a; 1985 c.519 §4; 2009 c.595 §995]

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ORS 616.333 Diethylstilbestrol use in food; label. (1) A retail or wholesale food distributor shall place a warning label on food containing diethylstilbestrol

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ORS 616.335 Definition for ORS 616.205 and 616.335 to 616.385. As used in ORS 616.205 and 616.335 to 616.385, “experts qualified by scientific training and experience to evaluate the safety of food additives” or similar phrases mean individuals with sufficient training and experience in biology, medicine, pharmacology, physiology, toxicology, veterinary medicine or other appropriate sciences to recognize and properly evaluate the behavior and effects of chemical substances upon the body of humans or animals when such substances are taken into the body as food additives. [1961 c.637 §14]

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ORS 616.340 [1961 c.637 §4; repealed by 1973 c.227 §16 (616.341 enacted in lieu of 616.340)]

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ORS 616.341 Use of poisons, pesticides or food additives restricted. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, with respect to any particular use or intended use, shall be considered unsafe for the purpose of application of ORS 616.235 unless there is in effect a rule promulgated pursuant to ORS 616.366 limiting the quantity of such substance, and the use or intended use of such substance conforms to the terms prescribed by such rule. While such rule relating to such substance is in effect, a food shall not, by reason of bearing or containing such substance in accordance with the rule, be considered adulterated within the meaning of ORS 616.235. [1973 c.227 §17 (enacted in lieu of 616.340)]

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ORS 616.345 Rules governing use of pesticide chemicals. (1) The State Department of Agriculture shall promulgate rules establishing tolerances for pesticide chemicals or exempting them from the necessity of a tolerance as provided by ORS 616.341 with respect to the presence in or on raw agricultural commodities of poisonous or deleterious pesticide chemicals and of pesticide chemicals that are not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals, as safe for use, to the extent necessary to protect the public health. In promulgating such rules, or rules authorized by ORS 616.355, the department shall give appropriate consideration to but not be limited by

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ORS 616.350 Control of food additives; rules. The State Department of Agriculture, for the protection of the health and life of animals or the people of this state, may take measures to control, limit or prohibit the use or intended use, or the presence of food additives. It may promulgate rules relating thereto. Such rules may prescribe for any reason as set forth in this section, that any food additive is unsafe within the meaning of ORS 616.235 (1)(b). In promulgating rules under the provisions of this section the authority of the department includes

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ORS 616.355 Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350. (1) Whenever the State Department of Agriculture determines under the provisions of ORS 616.341, 616.345 or 616.350 the fact that a product or food does or may seriously endanger or affect the health or life of animals or people, by reason of the addition to or the application of a pesticide chemical or other poisonous or dangerous chemical, substance or material in or on such product or food, the department is authorized and is directed to take or carry out any measure, action or procedure necessary for the protection of the health or life of animals or people

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ORS 616.360 Standards for rules. In the promulgation of rules under ORS 616.341, 616.345, 616.350, 616.366 and 616.380, the State Department of Agriculture shall give appropriate consideration to

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ORS 616.365 [1961 c.637 §10; repealed by 1973 c.227 §21 (616.366 enacted in lieu of 616.365)]

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ORS 616.366 Rules for use of poisons, pesticides, food or color additives; matters to be considered. (1) The State Department of Agriculture, whenever public health or other considerations in this state so require, is authorized to adopt, amend or repeal rules whether or not in accordance with rules promulgated under the federal Act, prescribing therein tolerances for

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ORS 616.370 [1961 c.637 §11; repealed by 1973 c.227 §26]

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ORS 616.375 [1961 c.637 §12; repealed by 1973 c.227 §26]

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ORS 616.380 Enforcement procedure for control of food additives. Whenever the State Department of Agriculture determines the fact that a product or food containing a food additive is or may seriously endanger or affect the health or life of animals or people, it may seize, embargo and quarantine such product or food, or take other necessary procedures or action as authorized by ORS 616.355 for the regulation and control of pesticide chemicals or other poisonous or dangerous chemicals. [1961 c.637 §13]

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ORS 616.385 Public hearing required for rules. All rules promulgated under ORS 616.335 to 616.385 shall only be promulgated after public hearing and shall be in accordance with the applicable provisions of ORS chapter 183. [1961 c.637 §15; 2007 c.71 §184]

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ORS 616.405 [Renumbered 632.900]

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ORS 616.406 [1989 c.1025 §2; repealed by 2001 c.320 §10]

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ORS 616.410 [Renumbered 632.905]

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ORS 616.411 [1989 c.1025 §3; repealed by 2001 c.320 §10]

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ORS 616.415 [Renumbered 632.910]

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ORS 616.416 [1989 c.1025 §4; 2001 c.104 §239; repealed by 2001 c.320 §10]

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ORS 616.420 [Renumbered 632.915]

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ORS 616.421 [1989 c.1025 §5; repealed by 2001 c.320 §10]

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ORS 616.425 [Renumbered 632.920]

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ORS 616.426 [1989 c.1025 §11; 2001 c.104 §240; repealed by 2001 c.320 §10]

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ORS 616.430 [Renumbered 632.925]

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ORS 616.435 [Renumbered 632.930]

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ORS 616.440 [Renumbered 632.935]

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ORS 616.445 [Amended by 1973 c.587 §1; renumbered 632.940]

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ORS 616.450 [Renumbered 632.955]

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ORS 616.455 [Renumbered 632.960]

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ORS 616.460 [Renumbered 632.965]

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ORS 616.465 [Renumbered 632.970]

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ORS 616.470 [Renumbered 632.975]

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ORS 616.475 [Renumbered 632.980]

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ORS 616.480 [Amended by 1955 c.363 §14; renumbered 632.985]

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ORS 616.505 [Renumbered 632.450]

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ORS 616.510 [Renumbered 632.455]

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ORS 616.515 [Renumbered 632.460]

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ORS 616.520 [Renumbered 632.465]

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ORS 616.525 [Renumbered 632.470]

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ORS 616.530 [Renumbered 632.475]

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ORS 616.535 [Renumbered 632.480]

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ORS 616.540 [Renumbered 632.485]

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