Chapter 646A — Chapter 646A
296 sections in this chapter.
ORS 646A.005 Definitions. As used in ORS 646A.005 to 646A.025
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(1) “Animal” means a live, nonhuman vertebrate. (2)(a) “Cosmetic” means a product intended to be rubbed, poured, sprinkled, sprayed on, introduced into or otherwise applied to the human body, or any part thereof, for cleansing, beautifying, promoting attractiveness or altering an…
ORS 646A.009 Prohibition on sales of cosmetics developed or manufactured using animal testing; exceptions; preemption of local laws. (1) A manufacturer may not sell or offer to sell in this state a cosmetic that was, on or after January 1, 2024, developed or manufactured using cosmetic animal tests conducted or contracted for by the manufacturer or any supplier of the manufacturer
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(2) This section does not apply to a cosmetic that has been developed through use of a cosmetic animal test if the cosmetic animal test was conducted: (a) Pursuant to a requirement of a federal or state agency and all of the following apply: (A) A specific human health problem in…
ORS 646A.010 [Formerly 646.185; repealed by 2009 c.170 §4]
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[Repealed or reserved.]
ORS 646A.012 [Formerly 646.187; repealed by 2009 c.170 §4]
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[Repealed or reserved.]
ORS 646A.013 Exceptions to prohibition on sales of cosmetics developed using animal testing. ORS 646A.009 does not apply to a cosmetic that
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(1) Has not been developed through use of a cosmetic animal test in violation of ORS 646A.009 but was developed through use of a cosmetic animal test before January 1, 2024, even if the cosmetic was manufactured after January 1, 2024. (2) Does not contain an ingredient that has b…
ORS 646A.014 [Formerly 646.189; repealed by 2009 c.170 §4]
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[Repealed or reserved.]
ORS 646A.016 [Formerly 646.191; repealed by 2009 c.170 §4]
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[Repealed or reserved.]
ORS 646A.017 Donation and distribution of prohibited cosmetics. Notwithstanding ORS 646A.009
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(1) A cosmetic that does not meet the requirements of ORS 646A.009 may be donated to a food bank, homeless shelter, hospital, animal shelter, corrections facility or emergency shelter. (2) An entity described in subsection (1) of this section that receives a cosmetic donated purs…
ORS 646A.018 [Formerly 646.193; repealed by 2009 c.170 §4]
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[Repealed or reserved.]
ORS 646A.020 [Formerly 646.195; repealed by 2009 c.170 §4]
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[Repealed or reserved.]
ORS 646A.021 Investigative demand by Attorney General; confidentiality of trade secret information. (1) If it appears to the Attorney General that a manufacturer has possession, custody or control of any information, document or other material that is relevant to an investigation of a violation of ORS 646A.009, or that could lead to the discovery of relevant information in an investigation of a violation of ORS 646A.009, the Attorney General may execute an investigative demand and may cause an investigative demand to be served upon the manufacturer. The investigative demand may require the person
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(a) To appear and testify under oath at the time and place stated in the investigative demand; (b) To answer written interrogatories; or (c) To produce relevant documentary material or physical evidence for examination at the time and place stated in the investigative demand. (2)…
ORS 646A.025 Action by Attorney General to impose civil penalty or obtain injunction. (1) The Attorney General may bring a civil action in the name of the state in any court of appropriate jurisdiction to
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(a) Impose a civil penalty under ORS 646A.028 for violations of ORS 646A.009; or (b) Obtain an injunction to restrain violations of ORS 646A.009. (2) Civil penalties recovered under this section shall be deposited in the Department of Justice Protection and Education Revolving Ac…
ORS 646A.028 Amount of civil penalty. In addition to any other penalty provided by law, a manufacturer that sells or offers for sale a cosmetic in violation of ORS 646A.009 incurs a civil penalty of not more than $5,000 for the first day of the violation and not more than $1,000 for each day that the violation continues. [2023 c.536 §7]
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SALES (Health Spas)
ORS 646A.030 Definitions for ORS 646A.030 to 646A.042. As used in ORS 646A.030 to 646A.042, unless the context requires otherwise
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(1) “Business day” means any day except a Sunday or a legal holiday. (2) “Buyer” means a person who purchases health spa services. (3) “Conspicuous” has the meaning given that term in ORS 71.2010 (2)(j). (4) “Health spa” means any person engaged, as a primary purpose, in the sale…
ORS 646A.032 Price list for health spa services. (1) Each health spa shall prepare and provide to each prospective buyer a written list of prices of all forms or plans of health spa services offered for sale by the health spa
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(2) A health spa may not sell any form or plan of health spa services not included in the list. [Formerly 646.666]
ORS 646A.034 Contracts; contents. A contract for the sale of health spa services must be in writing and a copy must be given to the buyer at the time the buyer signs the contract. The contract must contain all of the following
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(1) Identification of the person providing the health spa services. (2) A description of the health spa services to be provided, or acknowledgment in a conspicuous form that the buyer has received a written description of the health spa services to be provided. If any of the heal…
ORS 646A.036 Contracts and rules; delivery to buyer. Upon request, a health spa must deliver to a prospective buyer copies of the contract required by ORS 646A.034, and the rules of the health spa if not stated in the contract, and must allow the prospective buyer to retain the copies so provided. [Formerly 646.676]
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[Repealed or reserved.]
ORS 646A.038 Moneys paid prior to facility opening; disposition; priority of claim; refund. (1) All moneys paid to a health spa by a buyer prior to the opening of the facility shall promptly be deposited by the health spa in a trust account, maintained by the health spa for the purpose of holding such moneys for the buyer, in a bank, savings and loan association, mutual savings bank or licensed escrow agent located in Oregon
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(2) The health spa shall within seven days of the first deposit notify the office of the Attorney General, in writing, of the name, address and location of the depository and any subsequent change thereof. (3) The health spa shall provide the buyer with a written receipt for the …
ORS 646A.040 Waiver of provisions of ORS 646A.030 to 646A.042. A health spa shall not request a buyer to waive any provision of ORS 646A.030 to 646A.042. Any waiver by a buyer of any provision of ORS 646A.030 to 646A.042 is contrary to public policy and is void and unenforceable. [Formerly 646.686]
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[Repealed or reserved.]
ORS 646A.042 Remedies and obligations supplementary to existing remedies. The remedies and obligations provided in ORS 646A.030 to 646A.042 are in addition to any other remedies and obligations, civil or criminal, existing at common law or under the laws of this state. [Formerly 646.691]
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(Manufactured Dwellings)
ORS 646A.050 Definitions. As used in this section and ORS 646A.052
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(1) “Base price” means the total retail cost of the following unless separately disclosed as described in ORS 646A.052 (2): (a) The manufactured dwelling as provided by the manufacturer; (b) Features added by the dealer, if any; (c) Freight; and (d) Delivery and installation as s…
ORS 646A.052 Form of purchase agreement. (1) A manufactured dwelling dealer who sells a manufactured dwelling shall use a purchase agreement form that complies with this section and rules adopted in accordance with ORS 646A.054
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(2) The purchase agreement shall include the base price and a written itemization that clearly and conspicuously discloses the retail prices of the following, if not included in the base price: (a) Manufactured dwelling options that are ordered by the buyer. (b) The amount of any…
ORS 646A.054 Rules. The Department of Justice may adopt rules necessary and proper for the administration and enforcement of ORS 646A.052. [Formerly 646.404]
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(Purchase of Used Goods)
ORS 646A.060 Purchase of used goods; records; application to pawnbrokers. (1) A person doing business as a consignment store, a buy-sell store, a secondhand store or a similar store or enterprise that in the regular course of business buys used goods from individuals for the purpose of resale shall
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(a) Require that the individual from whom the person buys the used goods present proof of identification; and (b) Maintain a record of the name and address of the individual, the type of identification provided by the individual, the date and a description of the goods bought fro…
ORS 646A.062 Penalty for violation of ORS 646A.060. A person that violates ORS 646A.060 (1) commits a Class B violation. [Formerly 646.849; 2009 c.811 §14]
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[Repealed or reserved.]
ORS 646A.064 Definitions for ORS 646A.064 to 646A.067. As used in ORS 646A.064 to 646A.067
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(1) “Item of precious metal” means an item that consists of or incorporates gold in eight karat or greater purity, silver, platinum or palladium. “Item of precious metal” does not include dental gold, unrefined metal ore, an electronic product, any part of a mechanical system on …
ORS 646A.065 Records required for transactions involving items of precious metal; maintenance required of precious metal secondhand dealer; retention of items of precious metal. (1) A precious metal secondhand dealer in this state shall maintain the following records with respect to each transaction conducted by the dealer
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(a) The full name, date of birth, current telephone number, current address and signature of the seller; (b) The type and identification number of a currently valid government-issued photo identification that has been issued to the seller; (c) A physical description of the seller…
ORS 646A.066 Applicability to local ordinances. (1) ORS 646A.064 to 646A.067 do not apply within the jurisdiction of any city or county that the Secretary of State has identified as having in effect an ordinance that imposes on precious metal secondhand dealers
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(a) Substantially equivalent or more stringent record keeping requirements for transactions; and (b) Equal or longer holding periods for items of precious metal that are acquired by precious metal secondhand dealers through transactions. (2) The secretary shall maintain on the se…
ORS 646A.067 Preemption of local requirements applicable to pawnbrokers. A city or county in this state may not require a precious metal secondhand dealer in this state who is also a pawnbroker licensed under ORS chapter 726 to provide a photograph of an item of precious metal acquired through a transaction. [2012 c.99 §4]
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[Repealed or reserved.]
ORS 646A.068 Penalty for violating ORS 646A.065. (1) A person that violates the provisions of ORS 646A.065 commits a Class C violation
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(2) Notwithstanding subsection (1) of this section, a person that violates the provisions of ORS 646A.065 three or more times commits a Class A violation for each subsequent violation. (3) Notwithstanding subsections (1) and (2) of this section, a person that violates the provisi…
ORS 646A.070 Sale of telephonic equipment; disclosure requirements; enforcement; penalty. (1) Any person offering for sale or selling new or reconditioned telephone handsets or keysets, private branch exchanges or private automatic branch exchanges of not more than a 20-station capacity shall disclose clearly, in writing, when reasonable, before sale all of the following information
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(a) Whether the equipment uses pulse, tone, pulse-or-tone or other signaling methods. (b) Whether the equipment can access tone generated services. (c) Whether the equipment is registered with the Federal Communications Commission under applicable federal regulations. (d) The per…
ORS 646A.072 Exceptions to disclosure requirements. (1) The requirement of disclosure under ORS 646A.070 does not apply
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(a) To any medium of advertising that accepts advertising in good faith without knowledge that the advertising violates any requirement under ORS 646A.070. (b) To the sale or the offering for sale of radio equipment used for land, marine or air mobile service or any like service,…
ORS 646A.075 (1) As used in this section
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(a) “Animal rescue entity” has the meaning given that term in ORS 609.415. (b) “Cat” means a member of the species Felis catus. (c) “Dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies. (d)(A) “Retail pet store” means a retail establishment…
ORS 646A.077 Qualification for full refund; replacement dog; reimbursement for cost of veterinary care; exceptions. (1) As used in this section
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(a) “Litter” means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time. (b) “Pet dealer” means, except as provided in paragraph (c) of this subsection, a person that sells five or more litters of dogs d…
ORS 646A.080 Sale of novelty item containing mercury; penalty. (1) A person may not sell or offer for sale a novelty item that contains encapsulated liquid mercury
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(2) Upon notification to the Department of Environmental Quality by any person that a novelty item for sale in the state contains encapsulated liquid mercury, the department shall notify persons identified as selling the novelty item of the prohibition on the sale of such items. …
ORS 646A.081 Prohibition on sale or installation of mercury vapor outdoor lighting fixtures. (1) As used in this section
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(a) “Mercury vapor lighting fixture” means an artificial illumination device that produces a high-intensity discharge of light by passing electricity through mercury vapor. (b) “Outdoor lighting fixture” has the meaning given that term in ORS 757.765. (2) A person may not sell an…
ORS 646A.082 Floral retail sales; disclosure of principal place of business; enforcement; penalty. (1) Any person engaging in floral retail sales shall disclose the person’s principal place of business in any written communications sent to customers, listings, advertising or websites that provide information about the person’s floral retail sales activities
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(2) A person who violates subsection (1) of this section commits an unlawful practice under ORS 646.608. The requirement under subsection (1) of this section is subject to enforcement and penalty as provided under ORS 336.184 and 646.605 to 646.652. [2009 c.150 §2]
ORS 646A.085 Sale of rights by distributor to exhibit motion picture without first giving exhibitor opportunity to view motion picture prohibited; attorney fees. (1) As used in this section
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(a) “Distributor” means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sales, license or any other agreement to sell rights to exhibit a motion picture. (b) “Exhibitor” means any person engaged in the business of operating…
ORS 646A.087 Sale of goods or services online; requirements for price advertisements, displays or offers; unlawful practice; exclusions. (1) A person that offers or sells goods or services online may not advertise, display or offer a price for the goods or services that does not include all fees or charges that a purchaser must pay to complete a transaction for the goods or services other than
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(a) Taxes or fees that a governmental body imposes on the transaction; (b) Reasonable charges that the person actually incurs to ship the goods or provide the services to the purchaser; or (c) A service fee that is calculated according to distance or a purchaser’s selections, exc…
ORS 646A.090 Retail installment contract or lease agreement for motor vehicle; notice to buyer; liability to buyer if lender does not approve funding or seller disposes of trade-in vehicle before lender approves funding. (1) As used in this section
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(a) “Buyer” means a person that purchases a motor vehicle from a seller or leases a motor vehicle from a lessor. (b) “Final approval of funding” means a lender’s irrevocable agreement to purchase a retail installment contract or lease agreement from a seller according to the exac…
ORS 646A.092 Advertisements for sale or lease of motor vehicle; exceptions. (1) As used in this section
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(a) “Advertisement” means any public notice or announcement of a motor vehicle for sale or lease. (b) “Motor vehicle” has the meaning given that term in ORS 801.360, except that “motor vehicle” does not include commercial vehicles, as defined in ORS 801.210, or commercial motor v…
ORS 646A.093 Disclosures for handling and shipping consumer goods required in advertisements, offers and sales; penalty. (1) As used in this section
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(a) “Advertise” means to communicate about a consumer good by newspaper, radio, television, handbill, placard or other print, broadcast or electronic medium within this state for the purpose of selling the consumer good. (b) “Consumer goods” means goods that an individual uses or…
ORS 646A.095 Disclosure required when purchaser of product offered technical support through information delivery system. (1) Whenever the purchaser of a product sold at retail is offered ongoing technical support or service relating to the operation or use of the product, and the support or service is offered exclusively or in part through an information delivery system, the product or package of the product shall contain, in clear view to the purchaser before the product is opened, a statement disclosing that the technical support or service is provided through an information delivery system and listing the cost per minute of the support or service. The manufacturer of the product is responsible for providing the statement required under this subsection
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(2) As used in this section: (a) “Information delivery system” means any telephone-recorded messages, interactive program or other information services that are provided on a pay-per-call basis through an exclusive telephone number prefix or service access code; and (b) “Manufact…
ORS 646A.097 Payment of sales commissions following termination of contract between sales representative and principal; definitions; civil action. (1) As used in this section
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(a) “Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or as a specified amount per order or per sale. (b) “Principal” means a person who does not have a pe…
ORS 646A.100 Definitions for ORS 646A.100 to 646A.110. As used in ORS 646A.100 to 646A.110
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(1) “Affiliated business” means a business or business location that is directly or indirectly controlled by, or under common control with, the business location listed in a notice of intent or that has a common ownership interest in the merchandise to be sold at the business loc…
ORS 646A.102 Notice of intent to conduct going out of business sale; display and filing; exceptions; prohibited activities. (1) Except as provided in subsection (3) of this section, a person may not sell, offer for sale or advertise for sale merchandise at a going out of business sale unless the person displays a notice of intent at the business location where the person intends to conduct the going out of business sale
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(2) A person must display the notice of intent in a prominent place on the premises of the business location where the person is conducting the going out of business sale. (3) If a person is conducting a going out of business sale as part of a bankruptcy, receivership or other co…
ORS 646A.104 Information required in notice of intent. A notice of intent must include
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(1) The name, address, telephone number and signature of the owner of the merchandise that will be sold at the going out of business sale. If the owner is a corporation, trust, unincorporated association, partnership or other legal entity, the notice of intent must include the si…
ORS 646A.106 Circumstances in which going out of business sale prohibited. A person may not conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under ORS 646.608 or 646A.100 to 646A.110. [2007 c.820 §4]
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[Repealed or reserved.]
ORS 646A.108 Prohibited conduct. (1) A person that intends to conduct a going out of business sale may not transfer merchandise from an affiliated business or business location to the location of the sale
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(2) A person, after displaying a notice of intent at a business location where the person intends to conduct a going out of business sale, may not buy or order merchandise, take merchandise on consignment or receive a transfer of merchandise from an affiliated business or busines…
ORS 646A.110 Applicability of ORS 646A.100 to 646A.110 and 646A.112. (1) ORS 646.608 (1)(ddd), 646A.100 to 646A.110 and 646A.112 apply only to persons who engage in the retail sale of merchandise in the regular course of their business
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(2) ORS 646.608 (1)(ddd), 646A.100 to 646A.110 and 646A.112 do not apply to public officials acting within the scope of their duties as public officials. [2007 c.820 §6; 2009 c.170 §2; 2009 c.604 §26]