OFFICE OF THE SECRETARY OF STATE  
BEV CLARNO  
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 8-2020
CHAPTER 333
OREGON HEALTH AUTHORITYFILED
01/16/2020 9:53 AM
ARCHIVES DIVISION
SECRETARY OF STATE
& LEGISLATIVE COUNSEL
PUBLIC HEALTH DIVISION
FILING CAPTION: Immediate suspension of OAR 333-015-1000, rule banning the sale of flavored vaping products
EFFECTIVE DATE:  01/16/2020 THROUGH 04/11/2020
AGENCY APPROVED DATE:  01/15/2020
CONTACT: Brittany Hall  
503-449-9808  
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 (OHA), Public Health Division is suspending OAR 333-015-1000, the rule that prohibits 
the sale of flavored vaping products, effective immediately. The suspension will remain in place through the date the 
rule is set to expire. 
 
 
The Oregon Court of Appeals has stayed enforcement of temporary rule OAR 333-015-1000 pending a decision on the 
merits of a judicial review proceeding regarding the rule’s validity.  Temporary rule OAR 333-015-1000 will expire 
before the Court of Appeals would reach a decision on the merits in that proceeding.  OHA is therefore suspending 
temporary rule OAR 333-015-1000 through the date it is set to expire.  OHA is pursuing other actions under the 
Governor’s Executive Order # 19-09 to address the harm vaping is causing to Oregonians and individuals nationwide, 
including but not limited to: Warning the public about the potential harms from vaping and providing smoking cessation 
resources to the public. 
JUSTIFICATION OF TEMPORARY FILING: 
OHA finds that failure to act promptly will result in serious prejudice to the public interest and the Authority. 
Temporary rule OAR 333-015-1000 needs to be suspended immediately to avoid unnecessary litigation costs. The 
Court of Appeals has issued an order staying enforcement of OAR 333-015-1000 pending the outcome of an ongoing 
judicial review proceeding in which the validity of the rule is currently being litigated.  However, OAR 333-015-1000 
will expire before that proceeding can be completed. The effect of the Court of Appeals’ order staying enforcement of 
the rule, therefore, is that OAR 333-015-1000 will never go into effect before it expires. In that circumstance, 
continuing to litigate the validity of the rule is a waste of resources and could create confusion about the status of the 
rule.  Suspending OAR 333-015-1000 will allow OHA to immediately end the litigation, eliminating any public confusion 
about the status of the law and avoiding unnecessary expenses. 
DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE: 
Page 1 of 2Vapor Technology Association v. Oregon Health Authority, Court of Appeals No. A172417; No Moke Daddy v. OHA, 
Court of Appeals No. A172419. Available by contacting the PHD Rules Coordinator at publichealth.rules@state.or.us.
SUSPEND: 333-015-1000
SUSPEND: Temporary 333-015-1000  from PH 21-2019
RULE TITLE: Prohibition on Flavored Vaping Products
RULE SUMMARY: The Oregon Health Authority (OHA), Public Health Division is suspending OAR 333-015-1000, the 
rule that prohibits the sale of flavored vaping products, effective immediately. The suspension will remain in place 
through the date the temporary rule is set to expire. 
RULE TEXT: 
(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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