Title 36, Public Health and Safety

The board of trustees of a district: (1) May not apply pesticides to waters in the district that are frequented by waterfowl or that contain any game fish without obtaining annual approval of the State Fish and Wildlife Commission. (2) May not apply pesticides for public health v…

Notwithstanding ORS 452.110: (1) A vector control district shall not exercise the authority granted by ORS 452.110 relating to the control or eradication of predatory animals unless the electors of the district approve a proposition referred to them by the district board that aut…

The board may request technical advice and information from the Oregon State University Agricultural Experiment Station and the Oregon Health Authority regarding methods and chemicals to be used in the control and extermination of rats and public health vectors. [1959 c.600 §10 (…

(1) The board of trustees of any district, annually as provided in this section, may levy a tax on all the property in the district to provide moneys for all purposes required under ORS 452.020 to 452.170 during the next succeeding fiscal year. However, the taxes levied under thi…

(1) Taxes levied under ORS 452.153 shall be collected at the same time and in the same manner as county taxes are collected and, when collected, shall be paid to the county treasurer and deposited, at the discretion of the board, either with the county treasurer of the county in …

For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §36] Note: 452.158 was added to and made a part of 452.020 to 452.300 by legislative action b…

(1)(a) In addition to or in lieu of the tax levy provided for by ORS 452.153, the board of trustees of any district may, at the times and in the manner provided by law for public corporations, furnish to the county court and county accountant an estimate and statement, made pursu…

All money received from taxes collected for the use of any control district under ORS 452.160 shall be paid to the county treasurer of the county in which the district is situated. The county treasurer shall keep the moneys in a separate fund to the credit of the district and dis…

Any county court may contract with any incorporated city, any vector control district, or with the county court of any other county on any matter incident to the eradication, prevention and control of public health vectors and vector habitats using integrated pest management meth…

The officers and agents of such other county, vector control district or municipality acting by authority of such contract shall have the same right of entry, inspection and treatment as the agents and employees of the county seeking to control the public health vectors. [Amended…

Any county court may: (1) Take all necessary or proper steps and measures for the prevention, control or eradication of public health vectors using integrated pest management methods. (2) Abate as nuisances all vector habitats. (3) Purchase such supplies and materials and employ …

In exercising its powers under ORS 452.210 to 452.250, a county court: (1) May not order the application of pesticides to waters in the county that are frequented by waterfowl or that contain any game fish without obtaining annual approval of the State Fish and Wildlife Commissio…

No person shall knowingly or willfully hinder or interfere with or prevent the exercise of any powers conferred under ORS 452.230 to 452.250 or do or perform any act or thing which will destroy or impair the efficiency of any device or means used for the control or extermination …

(1) The Oregon Health Authority shall maintain a program of public health vector control, which program shall include, but not be limited to: (a) Monitoring and investigating public health vectors, vector habitats and vector-borne diseases. (b) Providing technical assistance and …

Violation of ORS 452.250 is a Class C misdemeanor. [Subsection (2) of 1975 Replacement Part enacted as 1975 c.555 §7; 1977 c.582 §49; 1999 c.1051 §184; 2009 c.98 §17] _______________

As used in ORS 453.001 to 453.185, unless the context requires otherwise: (1) “Authority” means the Oregon Health Authority. (2) “Director” means the Director of the Oregon Health Authority. [1973 c.829 §15b; 2001 c.900 §200; 2009 c.595 §878; 2021 c.513 §1] HAZARDOUS SUBSTANCES (…

As used in ORS 453.005 to 453.135 unless the context requires otherwise: (1) “Combustible” means any substance that has a flash point above 80 degrees Fahrenheit to and including 140 degrees, as determined by the Tagliabue Open Cup Tester. (2) “Commerce” means any and all commerc…

ORS 453.005 to 453.135 and 453.990 (2) do not apply to: (1) Articles such as chemical sets which by reason of functional purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical or thermal hazard, and which bear labeling g…

(1) Nothing in ORS 453.005 to 453.135 and 453.990 (2) is intended to interfere with or prevent the legitimate sale of completely denatured alcohol or methyl alcohol (methanol) by garages and filling stations, when used for antifreeze purposes and poured directly into the radiator…

(1) The Director of the Oregon Health Authority shall adopt standards for the labeling of hazardous substances. The director may permit or require the use of a recognized generic name or may require the common or usual name or the chemical name, if there is no common or usual nam…

(1) Every person who purchases poison shall be registered in a poison register, kept solely for that purpose, stating the date and hour of the sale, the name and address and the signature of the purchaser, the kind and quantity of the poison sold, a statement by the purchaser of …

(1) The Director of the Oregon Health Authority shall declare to be a hazardous substance any substance or mixture of substances which the director finds to be within the definition of hazardous substance in ORS 453.005. (2) If the director finds that any hazardous substance is a…

(1) Whenever the Director of the Oregon Health Authority or a designated representative finds or has probable cause to believe that any hazardous household substance is misbranded, or is a banned hazardous substance, the director or designated representative shall affix to such a…

(1) Any article or substance sold by its manufacturer, distributor, or dealer that is a banned hazardous substance, whether or not it was such at the time of its sale, shall, in accordance with rules of the Director of the Oregon Health Authority, be repurchased as provided in th…

A person may not perform any of the following acts: (1) The introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance. (2) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part …

(1) The authority to adopt rules for the administration and enforcement of ORS 453.005 to 453.135 and 453.990 (2) is vested in the Director of the Oregon Health Authority pursuant to ORS chapter 183. (2) The director shall cause the rules adopted under ORS 453.005 to 453.135 and …

(1) For the purposes of enforcement of ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority or a designated representative upon presenting appropriate credentials to the owner, operator or agent in charge, may: (a) Enter, at reasonable times, any fa…

(1) For the purpose of enforcing the provisions of ORS 453.005 to 453.135 and 453.990 (2), carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon request, permit the Director of the Oregon …

In addition to the remedies provided in ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority may apply to the circuit court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction re…

Before any violation of ORS 453.005 to 453.135 and 453.990 (2) is reported to any district attorney or police official for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to pre…

Except as otherwise specifically provided by law, no person shall sell or dispense at retail any poison without affixing to the box, bottle, vessel or package containing the poison, a clear and legible label, either printed or written, bearing the name of the poison in English wi…

It is unlawful for any person to give a fictitious name or make any false representations to the seller or dealer when buying any of the poisons or any caustic or corrosive substances specified in ORS 453.005 (14) or in the rules of the State Board of Pharmacy. [Formerly 453.070;…

As used in ORS 453.205 to 453.275: (1) “Art or craft material” means any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or principal importer as being suitable for use in any phase of the creation of any work of vis…

The Legislative Assembly: (1) Finds and declares that there exists a significant danger to the public health and safety from exposure to art or craft material which contains toxic chemicals. This health risk threatens not only professional artists and craftspersons, but art teach…

For the purposes of ORS 453.205 to 453.275, an art or craft material shall be presumed to contain an ingredient which is a toxic substance causing chronic illness if the ingredient, whether an intentional ingredient or an impurity, is one percent or more by weight of the mixture …

(1) No person shall distribute any art or craft material containing toxic substances causing chronic illness on which the person: (a) Has failed to affix a conspicuous label containing the signal word “WARNING,” to alert users of potential adverse health effects. (b) Has failed t…

(1) Art or craft material that is considered by the Oregon Health Authority to contain a toxic substance causing chronic illness may not be ordered or purchased by a school or school district for use by students in kindergarten and grades 1 through 6. (2) Any substance that is a …

(1) By June 1, 1986, the Oregon Health Authority shall develop a list of those art or craft materials which can be purchased or ordered for use in kindergarten and in grades 1 through 6 and a list of materials which, while not currently sold or manufactured, may be reasonably sus…

(1) The manufacturer of any art or craft material sold, distributed, offered for sale or exposed for sale in this state shall supply to a national poison control network approved by the Director of the Oregon Health Authority the formulation information required by that network f…

Violation of ORS 453.235 or 453.265 is punishable by a civil penalty of not to exceed $1,000 that may be imposed and collected in the manner prescribed in ORS 441.705 to 441.745. [1985 c.539 §9]

As used in ORS 453.307 to 453.414: (1) “Community right to know regulatory program” or “local program” means any law, rule, ordinance, regulation or charter amendment established, enforced or enacted by a local government that requires an employer to collect or report information…

The Legislative Assembly finds and declares that: (1) The public’s health and safety may be endangered by a lack of knowledge about hazardous substances located within this state. (2) Information on the use of hazardous substances in this state should be made readily available to…

(1) The State Fire Marshal shall develop a hazardous substance survey and distribute the survey to employers in this state. The survey shall request the following information from such employers: (a) The identity and hazard classification of the hazardous substance as listed on a…

(1) The State Fire Marshal shall retain for at least five years the information provided by the employer under ORS 453.317. (2) The State Fire Marshal shall provide copies of the information to each local public health authority as defined in ORS 431.003, fire district and any pu…

(1) Notwithstanding any other provision of ORS 453.307 to 453.414 and 476.030, the public is permitted access to records retained under ORS 453.322 relating to hazardous substances not otherwise protected as a trade secret or by a confidentiality agreement described in ORS 453.33…

(1) An employer responding to a request under ORS 453.317 may withhold the specific hazardous substance identity, including the chemical name and any other specific identification of a hazardous substance, if: (a) Upon a showing satisfactory to the State Fire Marshal, the records…