Title 49, Food and Other Commodities; Purity, Sanitation, Grades, Standards, Labels, Weights and Measures

The duty of administration and enforcement of all regulatory legislation applying to: (1) The production, processing and distribution of all food products or commodities of agricultural origin shall, in addition to such further legislation as shall specifically name the State Dep…

In order to more effectively utilize the agencies of the state in the public interest and without unnecessary duplication and expense, the relationship between the production, processing and distribution of food and the public health hereby is recognized. Therefore there shall be…

(1) In addition to any Oregon Health Authority survey, investigation or inquiry authorized by law that involves the production, processing or distribution of agricultural products, the authority shall make such further surveys, investigations or inquiries as may be requested by t…

(1) Consistent with the terms of the federal FDA Food Safety Modernization Act (P.L. 111-353) or interstate food safety systems authorized under the federal Act, the State Department of Agriculture may administer and enforce duties, functions and powers that include, but are not …

The certificate of analysis or test of any chemist, or other authorized officer, employee or deputy of the State Department of Agriculture, signed and certified to by that person, is prima facie evidence in all courts of justice of the matters and facts certified to therein.

(1) The Legislative Assembly finds that sulfites used as an additive in fresh foods and foods to be consumed without cooking may have already caused the death of one Oregonian and may pose a threat to the health of thousands of Oregonians. (2) The Legislative Assembly further fin…

(1) The Oregon Health Authority shall adopt any rules necessary to implement the policy established in ORS 616.073. (2) Rules adopted by the authority under subsection (1) of this section to implement the policy of the State of Oregon to prohibit the use of sulfites in fresh food…

As used in ORS 616.205 to 616.385, unless the context clearly indicates a different meaning: (1) “Advertisement” includes all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly o…

The provisions of ORS 616.205 to 616.295 regarding the selling of food include the manufacture, production, processing, packing, exposure, offer, possession and holding of any such article for sale; and the sale, dispensing and giving of any such article, and the supplying or app…

The following acts and the causing thereof within the State of Oregon are prohibited: (1) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded. (2) The adulteration or misbranding of any food. (3) The receipt in commerce of…

No person shall label or offer for sale any food fish product designated as halibut, with or without additional descriptive words, unless such food fish product is Hippoglossus hippoglossus or Hippoglossus stenolepsis. [1967 c.413 §2]

In addition to the remedies provided by ORS 616.205 to 616.295, the State Department of Agriculture or its authorized agents 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 r…

(1) As used in this section: (a) “Bycatch” means commercially caught fish of a species that was not targeted for harvesting. (b) “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable…

(1) Whenever a duly authorized representative of the State Department of Agriculture finds, or has probable cause to believe, that any food or consumer commodity is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of ORS 616.205 to 616.295, the r…

(1) The State Department of Agriculture, by rule, shall establish definitions and standards of identity, quality and fill of container for the State of Oregon. In carrying out the provisions of this subsection, the department shall take into consideration definitions and standard…

A food shall be deemed to be adulterated: (1)(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance such food shall not be considered adulterated under this paragraph if the q…

Any poisonous or deleterious substance, other than a pesticide, added to any food except when the substance is required in the production thereof or cannot be avoided by good manufacturing practice shall be deemed to be unsafe for purposes of the application of ORS 616.235 (1)(b)…

A food shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular, or fails to conform to ORS 616.325. (2) If it is offered for sale under the name of another food. (3) If it is an imitation of another food, unless its label bears in type of un…

The State Department of Agriculture may by rule exempt from any of the labeling requirements of ORS 616.205 to 616.385, food which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those w…

An advertisement of a food shall be deemed to be false if it is false or misleading in any particular.

If any article is alleged to be misbranded because the labeling is misleading, or if any advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, …

No publisher, radio broadcast licensee or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, is liable under this section by reason of the dissemination by the p…

(1) For purposes of enforcement of ORS 616.205 to 616.385, the State Department of Agriculture or any of its authorized representatives are authorized upon presentation of appropriate credentials to the owner, operator or agent in charge: (a) To enter at reasonable times any food…

(1) The State Department of Agriculture may cause to be published from time to time reports summarizing all judgments and court orders which have been rendered under ORS 616.205 to 616.295, 616.305 to 616.315, and 616.992, including the nature of the charge and the disposition th…

The district attorney of each county to whom the State Department of Agriculture or its authorized representative reports any violation of ORS 616.205 to 616.295 or 616.305 to 616.315 shall cause appropriate proceedings to be instituted in the proper courts without delay and to b…

Nothing in ORS 616.205 to 616.295, 616.305 to 616.315 and 616.992 shall be construed as requiring the State Department of Agriculture to report for the institution of proceedings under those sections minor violations of those sections whenever the department believes that the pub…

Justice courts have concurrent jurisdiction with the circuit courts for the enforcing of the provisions of ORS 616.205 to 616.295, 616.305 to 616.315 and 616.992. [Amended by 1973 c.227 §15]

ORS 616.205 to 616.385 may be cited as the Oregon Food Law. [Amended by 2001 c.320 §7]

(1) All labels of consumer commodities shall conform to such requirements for the declaration of net quantity of contents as the State Department of Agriculture by rule may prescribe. In carrying out the provisions of this subsection, the department shall consider the requirement…

ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.341, 616.350 to 616.366, 616.790, 616.992, rules adopted by the Oregon Health Authority under ORS 616.077 (1) and this section do not apply to alcoholic beverages. [1973 c.227 §25a; 1985 …

(1) A retail or wholesale food distributor shall place a warning label on food containing diethylstilbestrol. (2) The label shall state: ______________________________________________________________________________ WARNING: This product contains diethylstilbestrol (DES), a synth…

As used in ORS 616.205 and 616.335 to 616.385, “experts qualified by scientific training and experience to evaluate the safety of food additives” or similar phrases mean individuals with sufficient training and experience in biology, medicine, pharmacology, physiology, toxicology…

Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, with respect to any particular use or intended use, shall be considered unsafe for the purpose of application of ORS 616.235 unless…

(1) The State Department of Agriculture shall promulgate rules establishing tolerances for pesticide chemicals or exempting them from the necessity of a tolerance as provided by ORS 616.341 with respect to the presence in or on raw agricultural commodities of poisonous or deleter…

The State Department of Agriculture, for the protection of the health and life of animals or the people of this state, may take measures to control, limit or prohibit the use or intended use, or the presence of food additives. It may promulgate rules relating thereto. Such rules …

(1) Whenever the State Department of Agriculture determines under the provisions of ORS 616.341, 616.345 or 616.350 the fact that a product or food does or may seriously endanger or affect the health or life of animals or people, by reason of the addition to or the application of…

In the promulgation of rules under ORS 616.341, 616.345, 616.350, 616.366 and 616.380, the State Department of Agriculture shall give appropriate consideration to: (1) Measures and procedures required to protect the health and life of animals and the people of this state. (2) The…

(1) The State Department of Agriculture, whenever public health or other considerations in this state so require, is authorized to adopt, amend or repeal rules whether or not in accordance with rules promulgated under the federal Act, prescribing therein tolerances for: (a) Any a…

Whenever the State Department of Agriculture determines the fact that a product or food containing a food additive is or may seriously endanger or affect the health or life of animals or people, it may seize, embargo and quarantine such product or food, or take other necessary pr…

All rules promulgated under ORS 616.335 to 616.385 shall only be promulgated after public hearing and shall be in accordance with the applicable provisions of ORS chapter 183. [1961 c.637 §15; 2007 c.71 §184]

As used in ORS 616.555 to 616.585: (1) “Alcoholic beverage” has the meaning given that term in ORS 471.001. (2)(a) “Chain restaurant” means a restaurant located in Oregon that: (A) Is part of an affiliation of 15 or more restaurants within the United States; (B) Sells standardize…

(1) A chain restaurant shall determine typical values of the following for each menu item offered by the restaurant: (a) Total calories. (b) Total grams of saturated fat. (c) Total grams of trans fat. (d) Total grams of carbohydrates. (e) Total milligrams of sodium. (2) The typic…

(1) The disclosure of calorie content information under ORS 616.570 on a menu or menu board next to a standard menu item that is a combination of at least two standard menu items on the menu or menu board must, based on all possible combinations for that standard menu item, inclu…

(1) If a chain restaurant serves a menu item that is not a self-service item, the chain restaurant shall have a menu, menu board or food tag that: (a) Discloses nutritional information for the menu item as required by this section; and (b) Is readily visible for customer use at t…

(1) The Oregon Health Authority shall adopt rules the authority considers reasonable for the administration and enforcement of ORS 616.555 to 616.580. The rules adopted by the authority must include, but need not be limited to, rules for the rounding of stated values and the esta…

(1) The Oregon Health Authority may inspect chain restaurants for compliance with ORS 616.560, 616.565 and 616.570 and authority rules adopted under ORS 616.575. The person operating the chain restaurant shall, upon request of the authority, permit access to all parts of the rest…

A local government may not adopt or enforce a local requirement for the determination or disclosure of nutritional information by a restaurant. [2009 c.314 §6] Note: See note under 616.555.

ORS 616.555 to 616.585 do not create a cause of action and may not be asserted as the basis for a per se negligence claim. [2009 c.314 §7] Note: See note under 616.555.

As used in this section and ORS 616.683 and 616.686: (1) “Acidic foods” means bottled, packaged or canned foods that: (a) Have a natural pH level of 4.6 or less; (b) Are lacto-fermented; or (c) Have acidity and water activity levels that meet the acidity and water activity standa…

(1) Except as provided in subsection (8) of this section, the following are not subject to ORS 616.695 to 616.755: (a) The use of space by a farm direct marketer for the sale, or exposure or offering for sale, of agricultural products described in subsection (2) of this section b…