Title 50, Trade Regulations and Practices

(1)(a) The Attorney General may bring a civil action in the name of the State of Oregon, on behalf of a public body or as parens patriae on behalf of a natural person for injury that the natural person or the state or the public body sustained to the natural person’s, the state’s…

(1)(a) A person, the state or a public body may bring an action for an injury to the person’s, the state’s or the public body’s business or property from a violation of ORS 646.705 to 646.805 and, upon prevailing in the action, shall recover three times the damages the person, th…

(1) An action under ORS 646.760 to recover a civil penalty shall be commenced within four years after the cause of action accrued, or within one year after the conclusion of any civil or criminal proceeding instituted by the United States under the antitrust laws of the United St…

(1) A final judgment or decree heretofore or hereafter rendered in any civil or criminal proceeding brought by or on behalf of the United States under the antitrust laws of the United States to the effect that a defendant has violated such laws, other than a judgment or decree en…

Exclusive jurisdiction for criminal prosecution of any violation of ORS 646.725 or 646.730 is vested in the Attorney General. At any time, the Attorney General may receive and respond to an offer to compromise pending or potential criminal charges and any other related claims for…

The oral testimony of any person taken pursuant to a demand served under ORS 646.750 shall be taken in the county in which such person resides, is found or transacts business, or in such other place as may be agreed upon. [1977 c.729 §3]

Notwithstanding ORS 132.090 (1) the Attorney General may attend grand jury proceedings, advise it in relation to its duties, subpoena and examine witnesses and prepare such indictments or presentments as it requires in investigations of violations of ORS 646.725 or 646.730. [1977…

(1) Any person compelled to appear under a demand for oral testimony pursuant to ORS 646.750 may be accompanied, represented and advised by counsel with respect to any questions asked of such person. Such advice may be given in confidence. (2) Such person may refuse to answer any…

Any person appearing for oral examination pursuant to a demand served under ORS 646.750 shall be entitled to the fees and mileage provided for witnesses in ORS 44.415 (2). [1977 c.729 §5; 1989 c.980 §16]

(1) While in the possession of the Attorney General any documentary material, answers to interrogatories and transcripts of oral testimony shall be held in confidence and not disclosed to any person except: (a) The person providing such material or answers; (b) The representative…

As used in ORS 646.881 to 646.885, unless the context requires otherwise: (1) “Advertisement” means any oral, written or graphic statement or representation made in connection with the solicitation of business in any manner by a seller and includes, but is not limited to, stateme…

It shall be unlawful for a seller to include a price comparison in an advertisement unless: (1) The seller clearly and conspicuously identifies in the advertisement the origin of the price that the seller is comparing to the seller’s current price. The origin of the price that th…

(1) The use of terms such as “regular,” “reduced,” “sale,” “usually,” “originally,” “clearance,” “liquidation” and “formerly” shall identify the origin of the price that the seller is comparing to the seller’s current price as the seller’s own former price, or in the case of intr…

As used in ORS 646.910 to 646.923: (1) “Alcohol” means a volatile flammable liquid having the general formula CnH(2n+1)OH used or sold for the purpose of blending or mixing with gasoline for use in propelling motor vehicles, and commonly or commercially known or sold as an alcoho…

(1) A wholesale dealer or retail dealer may not sell or offer to sell gasoline: (a) As a fuel for motor vehicles that are operated on a public street or highway unless the gasoline and any additives blended with the gasoline appear on the list of registered fuels and fuel additiv…

Notwithstanding ORS 646.910, a person may sell, supply or offer to sell or supply gasoline in this state that contains any oxygenate other than ethanol, if the California Air Resources Board, the California Environmental Policy Council or the United States Environmental Protectio…

(1) Except as provided in subsection (4) of this section, a wholesale dealer, retail dealer or nonretail dealer may not sell gasoline or offer gasoline for sale unless the gasoline contains at least 10 percent denatured fuel ethanol by volume. Gasoline that contains anhydrous eth…

The State Department of Agriculture may adopt rules that require a retail dealer or nonretail dealer to display on fuel dispensing devices through which the retail dealer or nonretail dealer sells gasoline the names of the oxygenates and the relative concentrations of the oxygena…

Before or at the time of delivery of gasoline from a wholesale dealer to a retail dealer or nonretail dealer, the wholesale dealer must give the retail dealer or nonretail dealer on an invoice, bill of lading, shipping notice or other documentation, a declaration of the predomina…

(1) A retail dealer, nonretail dealer or wholesale dealer may not sell or offer for sale diesel fuel unless the diesel fuel contains at least five percent biodiesel by volume or other renewable diesel with at least five percent renewable component by volume. Diesel fuel that cont…

(1) Each biodiesel or other renewable diesel producer, each operator of a biodiesel bulk facility and each person who imports biodiesel or other renewable diesel into this state for sale in this state shall keep for at least one year, at the person’s registered place of business,…

The State Department of Agriculture shall enforce the provisions of ORS 646.910 to 646.923 and is authorized to make any rules necessary to carry out the provisions of ORS 646.910 to 646.923 in accordance with the applicable provisions of ORS chapter 183. [1985 c.468 §5] (Motor V…

(1) A person who operates a service station, business or other place for the purpose of retailing and delivering gasoline, diesel or other fuel into the tanks of motor vehicles: (a) May display on a sign visible from the street the lowest cash prices charged for the sale of the l…

(1) As used in this section, “gas station” includes a filling station, service station, garage or any other place where gasoline is sold for use in motor vehicles. (2) The owner or operator of a gas station shall post, in a manner visible to customers, the following information: …

(1) No person operating a service station selling to the public at retail diesel fuel, where delivery is regularly made into a receptacle on a vehicle from which receptacle the fuel is supplied to propel the vehicle, shall refuse to sell and deliver any quantity of such fuel to a…

As used in ORS 646.947 to 646.963: (1) “Bulk facility” means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground and aboveground tanks, connected or separate, from which motor vehicle fuels are withdrawn from bulk and …

Notwithstanding any other provision of ORS 646.947 to 646.963, it is unlawful for: (1) A dealer to sell or offer for sale any motor vehicle fuel using procedures that violate any rule or standard adopted pursuant to ORS 646.957. (2) A dealer to sell or offer for sale any gasoline…

(1) A dealer who sells or offers for sale any gasoline shall conspicuously display a sign on each side of the dispensing device, using descriptive commercial terms that accurately identify the octane rating of the gasoline being dispensed from that device. The sign shall be of su…

(1) The Director of Agriculture may test motor vehicle fuel for the purpose of inspecting the motor vehicle fuel supply of any service station, business or other establishment that sells or offers for sale, or distributes, transports, hauls, delivers or stores motor vehicle fuel …

(1) The Director of Agriculture may issue a stop-use order, hold order or removal order for any motor vehicle fuel offered or exposed for sale, or in the process of delivery or susceptible to commercial use, that is found to be not in compliance with the motor vehicle fuel qualit…

(1) Each operator of a bulk facility and each person who imports motor vehicle fuels into this state for sale in this state shall keep, for at least one year, at the person’s registered place of business complete and accurate records of any motor vehicle fuels sold if sold or del…

(1) In accordance with any applicable provision of ORS chapter 183, the Director of Agriculture, not later than December 1, 1997, shall adopt rules to carry out the provisions of ORS 646.947 to 646.963. Such rules may include, but are not limited to, motor vehicle fuel grade adve…

(1)(a) In addition to and not in lieu of the license fee required by ORS 618.141, each dealer that operates a metering instrument or device, other than a remote readout device, that is required to be licensed by ORS 618.121 and that is operated for measuring motor vehicle fuel sh…

The Motor Vehicle Fuel Inspection Program Account is created in the Department of Agriculture Service Fund. Notwithstanding any other provision of law, all moneys in the account are appropriated continuously to the State Department of Agriculture for the administration of ORS 646…

(1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty as provided in subsection (2) of this section on any person who violates any provision of ORS 646.947, 646.949 or 646.953, rules adopted under ORS 646.957 or …

(1) A person, firm or corporation, whether acting as principal, agent, officer or director, commits a Class B misdemeanor for each violation of a provision of ORS 646.010 to 646.180. (2) Violation of ORS 646.725 or 646.730 is a Class B felony. (3) Violation of ORS 646.910 is a Cl…

As used in ORS 646A.005 to 646A.025: (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, pr…

(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. (2) This section does not ap…

ORS 646A.009 does not apply to a cosmetic that: (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, 202…

Notwithstanding ORS 646A.009: (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 re…

(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 i…

(1) The Attorney General may bring a civil action in the name of the state in any court of appropriate jurisdiction to: (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 pena…

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 contin…

As used in ORS 646A.030 to 646A.042, unless the context requires otherwise: (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). …

(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. (2) A health spa may not sell any form or plan of health spa services not included in the list. [Forme…

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: (1) Identification of the person providing the health spa services. (2) A description …

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]

(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…

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]

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] (Manufactured Dwellings)