Chapter 618 — Chapter 618

ORS 618.010 Definitions. As used in this chapter, unless the context requires otherwise

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ORS 618.016 Policy. It is the express intent and purpose of ORS 618.010 to 618.246 and 618.991 to establish statutory authority for the administration, regulation and enforcement of weights and measures requirements generally within this state. The objectives of state supervision of weights and measures under ORS 618.010 to 618.246 include the following

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ORS 618.021 Duties of director. The Director of Agriculture shall

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ORS 618.026 Delegation of duties and powers of department and director. Except for rulemaking, the duties and powers of the State Department of Agriculture and the Director of Agriculture pursuant to ORS 618.010 to 618.246 may be delegated at the discretion of the director. [1973 c.293 §14; 2005 c.22 §416]

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ORS 618.031 Rulemaking authority. (1) The State Department of Agriculture is authorized to make any rules necessary to carry out ORS 618.010 to 618.246, but in making such rules the department shall consider so far as is practicable and desirable the requirements established by other states and by authority of the United States. Such rules shall govern the use or application of weights and measures and weights and measures transactions in this state

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ORS 618.036 Establishing weights and measures system; use of federal system. The State Department of Agriculture may utilize, for all commercial purposes in this state, either that system of weights and measures customarily used in the United States or the metric system of weights and measures. In prescribing the basic units of weight and measure, tables of weight and measure, weight and measure equivalents, specifications, tolerances and other technical requirements for commercial weighing and measuring devices, the department shall recognize those published by the National Institute of Standards and Technology, and they shall be applicable to weighing and measuring equipment and transactions in this state. [1973 c.293 §15; 2003 c.14 §367]

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ORS 618.041 Standards for weights and measures system; security of state primary standard. (1) Standards of weight and measure that are traceable to the United States prototype standards and that are supplied by the federal government or that are otherwise approved as being satisfactory by the National Institute of Standards and Technology shall be the state’s primary standards of weight and measure

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ORS 618.046 Secondary standards; verification of accuracy. The state shall supply secondary standards and such other equipment as is necessary to carry out ORS 618.010 to 618.246. Such standards shall be verified, by comparison with the state primary standards prescribed in ORS 618.041, upon their initial receipt and thereafter as often as the State Department of Agriculture considers necessary. [1973 c.293 §17; 2005 c.22 §417]

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ORS 618.050 [Repealed by 1973 c.293 §55]

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ORS 618.051 Specifications and tolerances of commercial weights and measures; consideration of federal requirements; status of nonconforming weights and measures; rules. The State Department of Agriculture by rule shall prescribe the specifications, tolerances and other technical requirements applicable to commercial weights and measures within this state. In so doing the department shall take cognizance of those uniform requirements recommended by the National Institute of Standards and Technology and published in appropriate National Institute of Standards and Technology handbooks and supplements thereto. For the purposes of ORS 618.010 to 618.246, weights and measures are correct when in conformance with all applicable sections of ORS 618.010 to 618.246 and rules promulgated pursuant thereto. All other weights and measures are incorrect. [1973 c.293 §18; 2003 c.14 §369; 2005 c.22 §418]

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ORS 618.056 Testing and inspecting weights and measures offered for sale or used commercially; rules. The State Department of Agriculture may inspect and test, to ascertain if they are correct, all weights and measures sold, offered or exposed for sale. The department may, as often as it considers necessary, cause to be inspected and tested, to ascertain if they are correct, all weights and measures commercially used for one or more of the following purposes

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ORS 618.060 [Repealed by 1973 c.293 §55]

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ORS 618.061 Testing weights and measures at institutions supported by state funds. The State Department of Agriculture shall, from time to time, test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the Legislative Assembly, and report its findings in writing to the supervisory board or to the executive officer of the institution concerned. [1973 c.293 §7]

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ORS 618.065 [Formerly 618.750; repealed by 1973 c.293 §55]

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ORS 618.066 Department investigation of alleged weights and measures law violations; exempt devices. (1) The State Department of Agriculture shall investigate complaints made to it concerning violations of ORS 618.010 to 618.246 and, upon its own initiative, shall conduct such investigations as it considers appropriate to develop information relating to prevailing procedures in commercial quantity determination and relating to possible violations of ORS 618.010 to 618.246, and in order to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions

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ORS 618.070 [Repealed by 1973 c.293 §55]

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ORS 618.071 Inspection and investigation authority of department; written notices for minor violations. When necessary for the enforcement of ORS 618.010 to 618.246, or rules promulgated pursuant thereto, the State Department of Agriculture is

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ORS 618.076 Approving use of weights and measures; use of certain terms describing condition of equipment; seizure and destruction of nonconforming equipment. (1) The State Department of Agriculture shall approve for use such weights and measures as it finds upon inspection and test to be correct, as provided in ORS 618.051, and shall reject such weights and measures as it finds upon inspection or test to be incorrect, as provided in ORS 618.051, but which in its best judgment are susceptible of satisfactory repair

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ORS 618.080 [Repealed by 1973 c.293 §55]

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ORS 618.081 Owners of weights and measures required to correct deficiencies; reexamination of incorrect weights and measures prior to use. The owner of weights and measures rejected pursuant to ORS 618.076 shall cause such weights and measures to be made correct within the time specified by the State Department of Agriculture or may dispose of such weights and measures in such manner as is authorized by the department. Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined by the department and found to be correct, or approval for use is given by the department, or the rejection tag has been removed and the rejected device repaired and placed in service by a person or firm so authorized by the department. [1973 c.293 §20]

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ORS 618.086 Orders restricting distribution of weights and measures. (1) The State Department of Agriculture is authorized to issue stop-use orders, hold orders and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue hold orders and removal orders with respect to packages or amounts of commodities sold, offered or exposed for sale, or in process of delivery, whenever in the course of its enforcement of ORS 618.010 to 618.246 it is considered necessary

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ORS 618.090 [Repealed by 1973 c.293 §55]

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ORS 618.091 Security seal to be attached to weights and measures devices. A security seal shall be affixed to any adjustment mechanism, readout compensator, primary indicator, or retainer to prevent removal of a measurement element, in such manner as the State Department of Agriculture by rule may prescribe, on all commercial weights and measures. [1973 c.293 §19]

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ORS 618.096 Prohibited acts involving commercial weights and measures. No person shall

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ORS 618.100 [Repealed by 1973 c.293 §55]

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ORS 618.101 Evidentiary presumptions regarding weights and measures law. For the purposes of ORS 618.010 to 618.246, proof of the existence of a weight or measure or a weighing or measuring instrument or device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on is presumptive proof of the regular use of such weight or measure or weighing or measuring instrument or device for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle. [1973 c.293 §51; 2005 c.22 §424]

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ORS 618.110 [Repealed by 1973 c.293 §55]

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ORS 618.115 Voluntary inspection of weighing or measuring instruments; fees. In addition to the authority otherwise granted to the State Department of Agriculture to inspect and test weighing or measuring instruments or devices, the department may, at the request of an owner or user thereof, inspect and test weighing or measuring instruments or devices to ascertain if they are correct. As authorized by ORS 618.031 (2)(e), the department may establish fees for performing the services and the person requesting the services shall pay the established fees to the department. [1977 c.132 §2]

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ORS 618.120 [Repealed by 1973 c.293 §55]

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ORS 618.121 License required for commercially operated weighing or measuring instrument; scope of license. No person shall operate or use for commercial purposes within the state any weighing or measuring instrument or device specified in ORS 618.141 that is not licensed in accordance with the requirements of ORS 618.010 to 618.246 unless exempted as provided in ORS 618.126. Any license issued under ORS 618.010 to 618.246 applies only to the instrument or device specified in the license. However, the State Department of Agriculture may permit such license to be applicable to a replacement for the original instrument or device. [1973 c.293 §30; 2005 c.22 §425]

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ORS 618.126 Exemptions from licensing requirement. Commercial weighing or measuring instruments or devices specified in ORS 618.141 are exempt from the licensing requirements in ORS 618.121 if any of the following apply

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ORS 618.130 [Repealed by 1973 c.293 §55]

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ORS 618.131 Weights and measures licenses in addition to other licenses; effect of conflicting laws. (1) The licenses required by ORS 618.010 to 618.246 are in addition to any other licenses required by law

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ORS 618.136 Establishing license fees; limits on fee increases; disposition of fees. (1) The license fee for each type or class of commercial weighing or measuring instrument or device shall be established by the State Department of Agriculture in an amount not to exceed the maximum limits under ORS 618.141. Such fees shall be established in the amounts necessary for the department to carry out and enforce the provisions of ORS 618.010 to 618.246 relating to the supervision of commercial weighing and measuring instruments or devices, and to maintain an emergency fund with an unencumbered balance in an amount not to exceed the cost of administering ORS 618.010 to 618.246 during a representative four-month period in order to ensure the orderly supervision of commercial weighing and measuring instruments or devices within this state

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ORS 618.141 Maximum license fees. The license fees established pursuant to ORS 618.136 for commercial weighing or measuring instruments or devices may not exceed the following

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ORS 618.146 Term of licenses; suspension and revocation of licenses. (1) All weighing and measuring instrument or device licenses issued under ORS 618.010 to 618.246 expire on June 30 next after the date of issuance or on such date as may be specified by rule of the State Department of Agriculture

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ORS 618.150 [Repealed by 1973 c.293 §55]

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ORS 618.151 Commercial use of unlicensed weighing or measuring instrument prohibited. The owner or person in possession of weighing or measuring instruments or devices for which the license fees have not been paid in the manner required by ORS 618.010 to 618.246 may not use the weighing or measuring instruments or devices for commercial purposes. [1973 c.293 §35; 1979 c.333 §1; 2005 c.22 §428]

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ORS 618.156 Forms, certificates and identification tags; license application forms. (1) The State Department of Agriculture shall prescribe such forms, certificates and identification tags as it considers necessary to carry out the licensing provisions of ORS 618.010 to 618.246

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ORS 618.160 [Repealed by 1973 c.293 §55]

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ORS 618.161 Notice of violation to owner or operator of unlicensed weighing or measuring instrument; tagging or sealing instruments to prevent unauthorized use. When weighing or measuring instruments or devices specified in ORS 618.141 are in commercial use and a valid license for such instruments or devices has not been procured by the owner or operator thereof, the State Department of Agriculture after giving notice of such requirements to the owner or operator is authorized to prohibit the further commercial use of the unlicensed instruments or devices until the proper license has been issued. The department may employ and attach to the instruments or devices such forms, notices or security seals as it considers necessary to prevent the continued unauthorized use of the instruments or devices. [1973 c.293 §37]

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ORS 618.170 [Repealed by 1973 c.293 §55]

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ORS 618.175 [1961 c.643 §6; repealed by 1973 c.293 §55]

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ORS 618.180 [Repealed by 1973 c.293 §55]

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ORS 618.190 [Amended by 1961 c.643 §1; repealed by 1973 c.293 §55]

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ORS 618.200 [Repealed by 1973 c.293 §55]

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ORS 618.201 Sampling of packages and commodities; ordering packages and commodities withheld from sale; disposition after order. (1) The State Department of Agriculture, as often as necessary to provide adequate protection, shall weigh or measure and inspect packages or amounts of commodities sold, offered or exposed for sale, or in the process of delivery, to determine whether they contain the amounts represented and whether they are sold, offered or exposed for sale in accordance with ORS 618.010 to 618.246. If such packages or amounts of commodities are found not to contain the amounts represented, or are found to be sold, offered or exposed for sale in violation of ORS 618.010 to 618.246, the department may order them withheld from sale and may so mark or tag them

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ORS 618.206 Manner of selling commodities; exemptions; rules. (1) Commodities in liquid form shall be sold only by liquid measure or weight and, except as otherwise provided in ORS 618.010 to 618.246, commodities not in liquid form shall be sold only by weight, measure of length or area, or count. However, liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold

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ORS 618.210 [Repealed by 1973 c.293 §55]

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ORS 618.211 Labeling of packaged commodities; use of labeling terms restricted; scope of rules. (1) Except as otherwise provided in ORS 618.010 to 618.246 and the rules promulgated pursuant thereto, any commodity in package form introduced, delivered for introduction into or received in intrastate commerce and sold, offered or exposed for sale in intrastate commerce shall bear on the outside of the package definite, plain and conspicuous declarations of

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