OFFICE OF THE SECRETARY OF STATE  
BEV CLARNO  
SECRETARY OF STATE
A. RICHARD VIAL  
DEPUTY SECRETARY OF STATE
ARCHIVES DIVISION  
STEPHANIE CLARK  
DIRECTOR
800 SUMMER STREET NE  
SALEM, OR 97310  
503-373-0701
TEMPORARY ADMINISTRATIVE ORDER
INCLUDING STATEMENT OF NEED & JUSTIFICATION
PH 21-2019
CHAPTER 333
OREGON HEALTH AUTHORITYFILED
10/11/2019 10:01 AM
ARCHIVES DIVISION
SECRETARY OF STATE
& LEGISLATIVE COUNSEL
PUBLIC HEALTH DIVISION
FILING CAPTION: Implementation of Governor’s Executive Order to Address Vaping Crisis and Ban Flavored Vaping 
Products
EFFECTIVE DATE:  10/15/2019 THROUGH 04/11/2020
AGENCY APPROVED DATE:  10/10/2019
CONTACT: Public Health Division  
971-673-0984  
publichealth.rules@state.or.us800 NE Oregon St. Suite 930  
Portland,OR 97232Filed By:  
Brittany Hall  
Rules Coordinator
NEED FOR THE RULE(S): 
The Oregon Health Authority (Authority) is adopting temporary administrative rules in accordance with the Governor’s 
Executive Order No. 19-09 (EO 19-09) banning the sale of flavored nicotine and medical cannabinoid vaping products 
for 180 days. In addition, the temporary rules specify penalties for violations of the temporary rules. 
JUSTIFICATION OF TEMPORARY FILING: 
It is imperative that the Authority take actions necessary to protect the health and safety of Oregonians, especially 
Oregon's youth, as directed by the Governor in Executive Order 19-09. Despite Oregon laws that prohibit sales of 
inhalant delivery systems to youth under 21 years of age, flavored nicotine vaping products have contributed to a 
significant increase in youth vaping. Data released by the U.S. Centers for Disease Control and Prevention (CDC) and 
the U.S. Food and Drug Administration (FDA) last year show a rapid increase in youth e-cigarette use, with one in five 
youth using e-cigarettes in 2018—an “epidemic” that requires “historic action”, according to the U.S. Surgeon General 
and the FDA. Nationally there is an ongoing vaping public health crisis, with an alarming outbreak in recent months of 
lung injuries among previously healthy individuals who have used vaping products. According to the CDC, as of October 
10, 2019, there have been more than 1,200 vaping-related lung injury cases and 26 deaths nationally, with nine vaping-
related injuries and two deaths in Oregon. The Authority has issued a public health advisory, warning all Oregonians not 
to use vaping products or e-cigarettes, but it is imperative for the State to take evidencebased action immediately to 
protect Oregonians, especially Oregon’s youth, from the harms associated with vaping products. 
 
 
No specific types of e-cigarettes, vaping devices, or liquids have been conclusively identified as a cause of the illnesses at 
this time; the FDA is testing vaping products from cases around the United States to determine which specific products 
or ingredients may be the cause. Until a cause has been identified, the Authority must act promptly, in accordance with 
the Governor’s Executive Order, to protect Oregonians, and failure to act promptly will result in serious prejudice to the 
public interest, particularly Oregon’s youth. 
Page 1 of 4DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE: 
Executive Order 19-09 (access at: https://drive.google.com/file/d/1U_EFAy1MUYGkWuU_sL0XF7SP1fIyjliH/view) 
RULES:  
333-007-0480, 333-008-4000, 333-015-1000
AMEND: 333-007-0480
RULE SUMMARY: Amend OAR 333-007-0480: The Authority is amending this rule to broaden its authority for product 
testing requirements consistent with EO 19-09 directives.
CHANGES TO RULE: 
333-007-0480  
Audit and Random Testing ¶ 
 
(1) The Authority may require a registrant to submit samples identified by the Authority to a laboratory of the 
registrant Authority 's choosing to be tested in order to determine whether a registrant is in compliance with OAR 
333-007-0300 through 333-007-0500  or any other rule of the Authority .¶ 
(2) A laboratory doing audit testing under section (1) of this rule must comply with these rules  unless otherwise 
authorized by the Authority .¶ 
(3) The Authority may, at any time, require a registrant to permit the sampling of or submit a sample of a marijuana 
item to the Authority for testing. Such testing may include testing for:¶  
(a) Any microbiological contaminant.¶  
(b) Heavy metals.¶  
(c) Other solvents, pesticides, adulterants, additives or contaminants that may pose a risk to public health and 
safety , or are prohibited by law .¶ 
(4) The Authority may require any testing ordered under sections (1) and (3) of this rule to be paid for by the 
registrant.¶  
(5) The Authority may obtain a marijuana item from a registrant at any time and have it tested to ensure 
compliance with these rules and OAR chapter 333, division 8 , or to protect the public health and safety . 
Statutory/Other Authority: ORS 475B.555 , EO 19-09  
Statutes/Other Implemented: ORS 475B.555 , EO 19-09
Page 2 of 4ADOPT: 333-008-4000
RULE SUMMARY: Adopt OAR 333-008-4000: In this rule, the Authority defines terms relevant to the ban on flavored 
cannabinoid vaping products, with the exception of cannabis-flavored products, and lays out penalties for violation, 
including registration suspension, revocation or imposition of civil penalties. New definitions include the definition of 
“flavor,” “cannabinoid vapor product,” and “non-marijuana terpene.”
CHANGES TO RULE: 
333-008-4000  
Prohibition on Cannabinoid Flavored Vaping Products  
(1) Definitions. For purposes of this rule:¶  
(a) "Cannabinoid vapor product" means a cannabinoid product intended for human inhalation using an inhalant 
delivery system.¶  
(b) "Flavor" means an artificial or naturally-occurring substance that contains a taste or smell, other than the taste 
or smell of cannabis, that is distinguishable by an ordinary individual either prior to or during the inhalation of the 
product, including, but not limited to, any taste or smell relating to chocolate, coffee, cocoa, menthol, mint, 
wintergreen, vanilla, honey, coconut, licorice, nuts, fruit, or any candy, dessert, alcoholic or non-alcoholic 
beverage, herb, or spice, or any concept flavor. ¶  
(c) "Inhalant delivery system" has the same meaning given that term in ORS 431A.175(1)(a). ¶  
(d) "Non-marijuana terpene" means a terpene or terpenoid derived from a source other than marijuana. ¶  
(e) "Sell" or "sale" means to transfer, deliver, exchange, redeem, or barter, in any manner or by any means 
whatsoever, for consideration, including but not limited to providing a cannabinoid vapor product containing a 
flavor as a gift or promotional item in combination with the sale of any other product or item, through any means.¶  
(2) Prohibition. Notwithstanding any other rule in OAR chapter 333, division 8, on and after October 15, 2019:¶  
(a) A registered medical marijuana dispensary may not sell or offer for sale, to a patient or designated primary 
caregiver, any cannabinoid vaping product containing a flavor or a non-marijuana terpene. ¶  
(b) A registered medical marijuana processing site may not:¶  
(A) Make a cannabinoid vapor product that contains a flavor.¶  
(B) Transfer a cannabinoid vapor product that contains a flavor to a patient or designated primary caregiver.¶  
(3) For purposes of determining whether a cannabinoid vapor product contains a flavor or non-marijuana terpene, 
a public statement or claim, whether express or implied, made or disseminated by the registrant or registrants 
responsible for the manufacture of a cannabinoid vaping product, or by any person authorized or permitted by the 
manufacturer to make or disseminate a public statement concerning such products, that a product has or 
produces a taste or smell other than a taste or smell of cannabis will be considered by the Authority to constitute 
presumptive evidence that the cannabinoid vapor product contains a flavor or non-marijuana terpene.¶  
(4) Penalties. If a registrant violates this rule the Authority may suspend, revoke, or impose civil penalties pursuant 
to ORS 475B.858 or 475B.925 and any rules adopted thereunder. Prior to taking an enforcement action the 
Authority will issue a warning letter to the registrant notifying the registrant of the violation and how to come into 
compliance.  
Statutory/Other Authority: ORS 475B.840, 475B.849, 475B.858, 475B.949, EO 19-09  
Statutes/Other Implemented: ORS 475B.840, 475B.858, EO 19-09
 
Page 3 of 4ADOPT: 333-015-1000
RULE SUMMARY: Adopt OAR 333-015-1000: In this rule, the Authority defines terms relevant to the ban on flavored 
vaping products, specific to nicotine products, and lays out a civil penalty for violating the prohibition on sales of 
flavored vaping products, with the exception of tobacco-flavored products. New definitions include, but are not limited 
to, the definition of “flavor,” “retailer” and “vapor product.”
CHANGES TO RULE: 
333-015-1000  
Prohibition on Flavored Vaping Products  
(1) Definitions. For purposes of this rule:¶  
(a) "Consumer" means a person who purchases, acquires, owns, holds or uses a vapor product other than for the 
purpose of resale.¶  
(b) "Flavor" means an artificial or naturally-occurring substance that contains a taste or smell, other than the taste 
or smell of tobacco, that is distinguishable by an ordinary individual either prior to or during the inhalation of the 
product, including, but not limited to, any taste or smell relating to chocolate, coffee, cocoa, menthol, mint, 
wintergreen, vanilla, honey, coconut, licorice, nuts, fruit, any candy, dessert, alcoholic or non-alcoholic beverage, 
herb, or spice, or any concept flavor. ¶  
(c) "Inhalant delivery system" has the same meaning given that term in ORS 431A.175(1)(a).¶  
(d) "Retailer": ¶  
(A) Means any person who sells or offers for sale vapor products containing a flavor to consumers.¶  
(B) Does not mean a person licensed by the Oregon Liquor Control Commission under ORS 475B.105.¶  
(e) "Sell" or "sale" means to transfer, deliver, exchange, redeem, or barter, in any manner or by any means 
whatsoever, for consideration, including but not limited to providing a vapor product containing a flavor as a gift 
or promotional item in combination with the sale of any other product or item, through any means, including but 
not limited to remote offerings such as sales outlets, catalogs or the Internet. ¶  
(f) "Vapor product" means a product intended for human inhalation using an inhalant delivery system that 
contains any substance.¶  
(2) Prohibition. On and after October 15, 2019, a retailer may not sell or offer for sale a vapor product containing a 
flavor, to a consumer in Oregon. ¶  
(3) For purposes of determining whether a vapor product contains a flavor, a public statement or claim, whether 
express or implied, made or disseminated by a retailer or a person responsible for the manufacture of a vaping 
product, or by any person authorized or permitted by the manufacturer or retailer to make or disseminate a public 
statement concerning such products, that a product has or produces a taste or smell other than a taste or smell of 
tobacco will be considered by the Authority to constitute presumptive evidence that the vapor product contains a 
flavor.¶  
(4) Penalties. If a retailer violates this rule the Authority may impose a civil penalty of up to $500 per day per 
violation pursuant to ORS 431A.010, in accordance with ORS 183.745. Prior to issuing a civil penalty the 
Authority will issue a warning letter to a retailer notifying the retailer of the violation and how to come into 
compliance.  
Statutory/Other Authority: ORS 183.360, 413.042, 431.110, 431.141, 431A.010, EO 19-09  
Statutes/Other Implemented: ORS 183.360, 413.042, 431.110, 431.141, 431A.010, EO 19-09
 
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