Title 36, Public Health and Safety

(1) The Department of Revenue may revoke, suspend or refuse to issue or renew a license issued under ORS 431A.198 if the person that holds or seeks the license, an individual who participates in the management of the premises for which the license has been or would be issued or a…

(1) For purposes of this section, a tobacco product or inhalant delivery system sold or held for sale at or from a premises for which a license has not been issued under ORS 431A.198 is a contraband tobacco product or contraband inhalant delivery system. (2) A contraband tobacco …

(1) Amounts collected by the Department of Revenue under ORS 431A.198 shall be paid to the State Treasurer to be held in a suspense account established under ORS 293.445. (2) From moneys held in the suspense account, the department may pay expenses for the administration and enfo…

The Department of Revenue may adopt rules necessary for the effective administration of ORS 431A.190 to 431A.216. [2021 c.586 §11]

The Oregon Health Authority shall adopt by rule fees necessary to pay the expenses of administering and enforcing ORS 431A.175, 431A.183 and 431A.218. Pursuant to an agreement entered into under ORS 431A.212, the Department of Revenue shall collect the fee moneys for, and transfe…

(1) The Department of Revenue and the Oregon Health Authority shall: (a) Share information necessary for the effective administration of ORS 431A.175, 431A.183, 431A.190 to 431A.216 and 431A.218; and (b) Enter into an agreement for purposes of collecting fee moneys for the author…

(1) Amounts collected by the Department of Revenue pursuant to agreements entered into under ORS 431A.212 shall be paid to the State Treasurer to be held in a suspense account established under ORS 293.445. (2) From moneys held in the suspense account, the department shall make t…

(1) The Department of Revenue may impose a civil penalty against a person that holds or seeks a license issued under ORS 431A.198 if the person that holds or seeks the license, an individual who participates in the management of the premises for which the license has been or woul…

(1) As used in this section: (a) “Governing body of a local public health authority” has the meaning given that term in ORS 431.003. (b) “Inhalant delivery system” has the meaning given that term in ORS 431A.175. (c) “Local public health authority” has the meaning given that term…

A city or local public health authority that, on or before January 1, 2021, and pursuant to an ordinance adopted by the governing body of the city or local public health authority, enforced standards described in ORS 431A.218 (2)(a) and required that a person that makes retail sa…

ORS 431A.253 to 431A.280 shall be known and may be cited as the Toxic-Free Kids Act. [2015 c.786 §1]

As used in ORS 431A.253 to 431A.280: (1) “Chemical” means: (a) A substance with a distinct molecular composition and the breakdown products of the substance that form through decomposition, degradation or metabolism. (b) A group of structurally related substances and the breakdow…

(1)(a) The Oregon Health Authority shall establish and maintain a list of high priority chemicals of concern for children’s health when used in children’s products. The authority shall include on the list chemicals that are listed on the Washington State Department of Ecology’s R…

(1)(a) A manufacturer of a children’s product sold or offered for sale in this state that contains a chemical or member of a class of chemicals included on the list established and maintained under ORS 431A.255 in an amount at or above a de minimis level shall provide a biennial …

(1) On or before the date on which a manufacturer of a children’s product submits the third biennial notice required under ORS 431A.258 for a chemical that is present in a children’s product, the manufacturer must remove or make a substitution for the chemical pursuant to ORS 431…

(1)(a) When a manufacturer of children’s products sold or offered for sale in this state removes a high priority chemical of concern for children’s health used in children’s products from a children’s product sold or offered for sale in this state that is subject to ORS 431A.258 …

(1) The Oregon Health Authority shall grant a waiver to a manufacturer of children’s products that applies for a waiver in order to comply with ORS 431A.260 if the application: (a) Includes an alternatives assessment demonstrating that removal of the high priority chemical of con…

Manufacturers of children’s products with annual worldwide gross sales of less than $5 million, as reported on the most recent tax return filed by the manufacturer before the notice required under ORS 431A.258, are exempt from the requirements of ORS 431A.258, 431A.260, 431A.263 …

(1) The Oregon Health Authority may conduct testing of children’s products sold or offered for sale in this state in order to determine compliance with ORS 431A.258, 431A.260 and 431A.263. (2) The authority may establish by rule a schedule of fees for manufacturers of children’s …

The Oregon Health Authority is authorized to participate in the Interstate Chemicals Clearinghouse in cooperation with other states and government entities to assist the authority in carrying out ORS 431A.253 to 431A.280. [2015 c.786 §10]

(1) Except as provided in subsection (5) of this section, the Oregon Health Authority may impose a civil penalty on a manufacturer of children’s products for a violation of any provision of ORS 431A.258, 431A.260 or 431A.263. (2) For purposes of assessing civil penalties under th…

(1) The High Priority Chemicals of Concern for Children’s Health Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the High Priority Chemicals of Concern for Children’s Health Fund shall be credited to the fund. Moneys in t…

The Oregon Health Authority shall report to the interim committees of the Legislative Assembly related to environment and natural resources and public health no later than September 15 of each odd-numbered year. The report shall include the following information: (1) Any revision…

As used in ORS 431A.330 to 431A.349: (1) “Chemical” means: (a) A substance with a distinct molecular composition and the breakdown products of the substance that form through decomposition, degradation or metabolism; or (b) A group of structurally related substances and the break…

(1)(a) The Oregon Health Authority shall adopt by rule and maintain a list of high priority chemicals of concern used in cosmetic products and practical quantification limits for each of those chemicals. (b) The authority may include a class of chemicals on the list. If the autho…

A manufacturer of a cosmetic product sold or offered for sale in this state that contains a chemical included on the list adopted and maintained under ORS 431A.335 in an amount at or above a de minimis level shall include a notice for Oregon consumers on the manufacturer’s websit…

(1) A manufacturer may not knowingly manufacture, sell, offer for sale, distribute for sale or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or classes of chemicals above the practical quantification limit: …

(1) The Oregon Health Authority may impose a civil penalty on a manufacturer of cosmetic products for a violation of any provision of ORS 431A.340 or 431A.345. (2) For purposes of assessing civil penalties under this section, a violation consists of a single course of conduct wit…

(1) Lead poisoning is a significant health concern because lead is a potent neurotoxin that affects every system of the human body. It is harmful to individuals of all ages and is especially harmful to children, fetuses and women of childbearing age. Lead poisoning is one of the …

As used in ORS 431A.355 and 431A.358: (1) “Certified” and “certification” means an action by the Oregon Health Authority verifying the successful completion of a training program accredited by the authority and any other requirements. (2) “Firm” has the meaning given that term in…

(1) The Oregon Health Authority shall: (a) Certify firms and individuals to perform lead-based paint activities; (b) Certify firms to perform renovation; (c) Accredit training providers to provide lead-based paint activities and renovation training; (d) Develop and approve traini…

(1) An individual may not perform or offer to perform lead-based paint activities unless the individual is certified as provided under ORS 431A.355. (2) A firm may not perform or offer to perform a renovation for compensation unless the firm is certified as provided under ORS 431…

(1) The Oregon Health Authority shall develop and maintain a lead poisoning prevention clearinghouse on its website for public and private schools that provide instruction at levels kindergarten through grade 12 in order to provide these schools with information about: (a) The da…

(1) The Oregon Health Authority may impose a civil penalty of not more than $5,000 per violation per day on any person who violates: (a) ORS 431A.358; (b) A rule adopted under ORS 431A.355; or (c) An order issued by the authority pursuant to this section or ORS 431A.355 or 431A.3…

(1) Costs imposed by the Oregon Health Authority pursuant to ORS 431A.363 are due and payable 10 days after the order imposing the costs becomes final. A person against whom costs are imposed must be served with a notice in the manner provided in ORS 183.415. (2)(a) The person se…

(1) As used in this section: (a) “Eligible entity” means a: (A) Local government as defined in ORS 174.116; (B) Local housing authority; (C) Nonprofit organization; (D) Federally recognized Indian tribe in Oregon; (E) Indian health center; (F) Coordinated care organization as def…

(1) There is established in the State Treasury the Healthy Homes Repair Fund, separate and distinct from the General Fund. Interest earned by the Healthy Homes Repair Fund is credited to the fund. The purpose of the fund is to: (a) Fund grants to eligible entities under the Healt…

(1) As used in this section: (a) “Public education provider” has the meaning given that term in ORS 326.545. (b) “Smoke filtration system” means an air filtration system capable of removing particulates and other harmful components of wildfire smoke in a public building. (2) In c…

(1) As used in this section: (a) “Public education provider” has the meaning given that term in ORS 326.545. (b) “Support” includes, but is not limited to, providing technical expertise, equipment, staff assistance, training and general assistance. (2) The Department of Human Ser…

(1) As used in this section, “smoke filtration device” means portable air cleaners and furnace, heating, ventilation and air conditioning filters that are intended to remove contaminants, including particulates and other harmful components of wildfire smoke, from the air in a roo…

The Oregon Health Authority shall periodically report to an appropriate committee or interim committee of the Legislative Assembly, as described in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council on: (1) The use of smoke filtrati…

(1) As used in this section: (a) “Air conditioner” means a portable, stand-up air conditioner that has an energy efficiency ratio rating of eight or higher. (b)(A) “Air filter” means an air filtering device that uses a high-efficiency particulate air (HEPA) filter to remove conta…

(1) As used in this section, “health club” means an indoor facility: (a) With the primary purpose of offering exercise or athletic activities that patrons or members may participate in for a fee; and (b) That typically has at the facility on a regular business day 50 or more pers…

(1) As used in this section, “place of public assembly” means a single building that has 50,000 square feet or more of indoor floor space and where: (a)(A) The public congregates for purposes such as deliberation, shopping, entertainment, amusement or awaiting transportation; or …

The Legislative Assembly recognizes that substance use disorders, including opioid and opiate addiction, negatively impact the residents of this state. Therefore, it is the intent of the Legislative Assembly that substance use disorders be considered as chronic illnesses for whic…

(1) As used in this section, “medication-assisted treatment” means any medication, and the dispensing or administering of the medication, that is approved by the United States Food and Drug Administration on or before January 1, 2024, for the treatment of substance use disorders,…

(1) The Oregon Health Authority shall educate residents of this state about: (a) The need for bone marrow donors; (b) The procedures required to become registered as a potential bone marrow donor, including procedures for determining a person’s tissue type; and (c) The medical pr…

(1) The Stroke Care Committee is established under the Oregon Health Authority. (2) The Director of the Oregon Health Authority shall appoint at least 10 members to serve on the committee as follows: (a) Two physicians who specialize in the care of stroke patients, one of whom is…

(1) The Oregon Health Authority shall, in accordance with recommendations made by the Stroke Care Committee established under ORS 431A.525, establish and implement a plan for achieving continuous improvement in the quality of stroke care. In implementing the plan, the authority s…

(1) A facility, as defined in 42 U.S.C. 263b, must provide written notice, in the form prescribed by the Oregon Health Authority under subsection (2) of this section, to a patient on whom the facility has performed a mammogram if the mammogram shows the patient has dense breast t…