OFFICE OF THE SECRETARY OF STATE  
SHEMIA FAGAN  
SECRETARY OF STATE
CHERYL MYERS  
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 80-2021
CHAPTER 333
OREGON HEALTH AUTHORITYFILED
11/19/2021 9:11 AM
ARCHIVES DIVISION
SECRETARY OF STATE
& LEGISLATIVE COUNSEL
PUBLIC HEALTH DIVISION
FILING CAPTION: Establishing Annual Oregon Health Authority Tobacco Product and Inhalant Delivery System 
Retailer License Application Fee
EFFECTIVE DATE:  12/01/2021 THROUGH 05/29/2022
AGENCY APPROVED DATE:  11/17/2021
CONTACT: Tara Weston  
971-673-1047  
tara.e.weston@dhsoha.state.or.us800 NE Oregon St.  
Portland,OR 97232Filed By:  
Public Health Division  
Rules Coordinator
NEED FOR THE RULE(S): 
In 2021, the Oregon Legislature passed Senate Bill 587, also known as Oregon Laws 2021, Chapter 586. This bill 
requires the Oregon Health Authority, in partnership with the Department of Revenue, to establish a new statewide 
tobacco retail license program, requiring retailers to get a license to sell tobacco products and inhalant delivery systems 
starting in 2022. This temporary rule establishes a fee for the Oregon Health Authority to administer a tobacco retail 
license program and enforce state laws and rules and federal laws and regulations that govern the retail sale of tobacco 
products and inhalant delivery systems, as required by Oregon Laws 2021, Chapter 586. This rule will remain in effect 
until the permanent rules become effective, anticipated February 2022.
JUSTIFICATION OF TEMPORARY FILING: 
The Authority finds that failure to act promptly will result in serious prejudice to the public interest, the Authority, 
retailers who sell tobacco products and inhalant delivery systems, and people targeted by the tobacco industry, such as 
youth. These rules need to be adopted promptly so that tobacco product and inhalant delivery system retailers can be 
licensed by January 1, 2022, as required by Oregon Laws 2021, Chapter 586, and so that the Authority can develop the 
technical assistance and training resources needed to help retailers comply with tobacco sales laws. The new statewide 
tobacco retail license will reduce youth access to commercial tobacco by helping retailers follow tobacco sales laws and 
holding retailers accountable if they make illegal sales.
DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE: 
ADOPT: 333-015-0201
RULE TITLE: Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Annual Oregon Health 
Authority License Application Fee
RULE SUMMARY: Adoption of OAR 333-015-0201 establishes a fee, to be paid by tobacco and e-cigarette retailers, for 
the Oregon Health Authority to pay the expenses of administering a tobacco retail license program and enforcing state 
Page 1 of 2laws and rules and federal laws and regulations that govern the retail sale of tobacco products and inhalant delivery 
systems, as required by Oregon Laws 2021, Chapter 586, Section 12.
RULE TEXT: 
The annual Oregon Health Authority tobacco product and inhalant delivery system retail license application fee for 
applications effective on or after January 1, 2022, is $723. The Oregon Health Authority shall review the license fee 
amount annually. 
STATUTORY/OTHER AUTHORITY: Oregon Laws 2021, Chapter 586
STATUTES/OTHER IMPLEMENTED: Oregon Laws 2021, Chapter 586
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