justicedao/ipfs_state_laws huggingface dataset:
333-015-0160 Oregon Menu Labeling Act: Alcoholic Beverages (1) Chain restaurants must provide nutrition information for alcoholic beverages offered on a menu, menu board or food tag for more than 90 days. Nutrition information for alcoholic beverages must be based on the following typical nutrient values for alcohol: (a) For wine, 122 calories, 4 grams of carbohydrate and 7 milligrams of sodium per 5-ounces; (b) For beer, other than light beer, 153 calories, 13 grams of carbohydrates and 14 milligrams of sodium per 12-ounces; (c) For light beer, 103 calories, 6 grams of carbohydrates and 14 milligrams of sodium per 12-ounces; (d) For distilled spirits, 96 calories per 1.5 ounces; and (e) For mixed drinks or drinks that are a combination of wine, beer, or distilled spirits and one or more additional ingredients, chain restaurants must provide the total typical nutrient value for the mixed drink using the values for alcohol in OAR 333-015-0160(1), combined with the typical nutrient values for other ingredients based on acceptable methods for determining typical nutrient values under 333-015-0135(1). Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0165 Oregon Menu Labeling Act: Disclaimers and Additional Nutrition Information (1) Chain restaurants may publish truthful disclaimers, notifying customers that there may be variations in nutrient content across servings, due to differences in preparation, inconsistent service sizes, ingredients, or custom orders. (2) Chain restaurants may publish truthful additional nutrition information for menu items including but not limited to cholesterol, fiber, sugar, protein, calcium, iron, vitamin C, vitamin A, and allergens. (3)(a) Chain restaurants may publish a statement providing information about the recommended daily intake amounts for calories, saturated fat and sodium as follows: (b) “Recommended limits for a 2,000 calorie daily diet are 20 grams of saturated fat and 1,700 milligrams of sodium.” Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0202 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Purpose and Effective Date The purpose of licensing tobacco retailers is to promote compliance and improve enforcement of local ordinances and rules, state laws and rules and federal laws and regulations that govern the retail sale of tobacco products and inhalant delivery systems. Statutory/Other Authority: ORS 431A.192, ORS 431A.218 & ORS 413.042 Statutes/Other Implemented: ORS 431A.190-431A.220, ORS 431.110 & ORS 431.141-431.144 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0212 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Oregon Health Authority Responsibilities The Oregon Health Authority shall: (1) Ensure that state standards established by state laws or rules, and federal standards established by federal laws or regulations, regarding regulation of the retail sale of tobacco products and inhalant delivery systems, are administered and enforced consistently throughout the state; (2) Maintain a system for receiving and responding to public complaints, providing educational materials, conducting inspections, and issuing notices of violation; (3) Provide technical assistance to LPHAs regarding the regulation of the retail sale of tobacco products and inhalant delivery systems; and (4) Assess the effectiveness of state and local programs for regulating the retail sale of tobacco products and inhalant delivery systems. Statutory/Other Authority: ORS 431A.218 & ORS 413.042 Statutes/Other Implemented: ORS 431A.190-431A.220, ORS 431.110 & ORS 431.141-431.144 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0217 Retail Sale of Tobacco Products and Inhalant Delivery Systems: LPHA Responsibilities (1) An LPHA may: (a) Enforce an ordinance adopted by the local jurisdiction regulating the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety; (b) Administer and enforce standards established by state laws or rules regarding regulating the retail sale of tobacco products and inhalant delivery systems; (c) Educate tobacco retailers on local, state, and federal laws and standards regulating the retail sale of tobacco products and inhalant delivery systems. (2) If an LPHA assumes one or more of the responsibilities listed in section (1) of this rule, they: (a) May adopt a local fee to conduct these activities; and (b) Shall enter into an Intergovernmental Agreement with the Authority to ensure information sharing necessary for the effective administration and enforcement of regulations and standards regulating the retail sale of tobacco products and inhalant delivery systems. Statutory/Other Authority: ORS 431A.218 Statutes/Other Implemented: ORS 431A.190-431A.220 History: PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0222 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Licensing Procedures (1) A retailer shall obtain a tobacco retail license annually from the Department, per processes laid out in OAR 150-323-0500. (2) This does not include retailers that have obtained a license from a city or county authorized pursuant to an ordinance approved under ORS 431A.220 . (3) These licensing procedures do not apply to retailers located on reservation or tribal trust land of a federally recognized Indian tribe. Statutory/Other Authority: ORS 431A.218 Statutes/Other Implemented: ORS 431A.190-431A.220 History: PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0227 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Annual Oregon Health Authority License Application Fee (1) The annual Authority license application fee shall be reasonably calculated to pay the expenses of license administration and enforcement, including but not limited to retailer education, inspection and compliance checks, investigation of violations and enforcement actions against violators. (2) The annual Authority license application fee for applications effective on or after January 1, 2022, is $723. The Authority shall review the fee amount annually. (3) Upon issuance by the Department of a tobacco retail license to a retailer, the annual Authority license application fee is nonrefundable. If the Department denies an initial or renewal application for a tobacco retail license, and that denial becomes final, then the Department will refund the annual Authority license application fee. Statutory/Other Authority: ORS 431A.210 Statutes/Other Implemented: ORS 431A.190-431A.220 History: PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0232 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Education and Outreach (1) As part of program administration, the Authority or the LPHA shall provide educational resources to retailers to support compliance with state and federal laws, rules and regulations regulating the retail sale of tobacco products and inhalant delivery systems. (2) Educational materials may be made available in a retailer’s preferred language upon request. Statutory/Other Authority: ORS 431A.218 Statutes/Other Implemented: ORS 431A.190-431A.220 History: PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0237 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Identification for Purchasing Tobacco Products or Inhalant Delivery Systems A retailer, or their designee, is responsible for ensuring that all sales of tobacco products or inhalant delivery systems to any person under 30 years of age are verified by means of photographic identification containing the bearer’s date of birth by verifying their age by means of one of the following pieces of photo identification: (1) The person’s passport issued by the United States or a foreign government; (2) The person’s motor vehicle operator’s license issued by this state or another state of the United States; (3) An identification card issued under ORS 807.400; (4) A United States military identification card; (5) An identification card issued by a federally recognized Indian tribe; or (6) Any other identification card issued by a state or territory of the United States that bears a picture of the person, the name of the person, the person’s date of birth and a physical description of the person. Statutory/Other Authority: ORS 431A.218, ORS 167.755, ORS 431A.175, ORS 431A.183, ORS 413.042, ORS 431.110, ORS 431.141-431.144, ORS 167.750, 21 CFR § Part 1100, 1140 & 21 USC 387, 387a, 387f Statutes/Other Implemented: ORS 167.755, ORS 431A.175, ORS 431A.183 & ORS 431A.190-431A.220 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0242 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Compliance Inspections (1) The Oregon Health Authority (Authority) or the local public health authority (LPHA) shall conduct annual unannounced inspections of retailers to ensure compliance with, and to enforce, state laws and rules and federal laws and regulations that govern the retail sale of tobacco products or inhalant delivery systems for purposes related to public health and safety. Inspections shall check compliance for any of the violations listed in OAR 333-015-0257 other than subsection (1)(a). (2) Inspections may take place: (a) Only in areas open to the public; (b) Only during the hours that tobacco products or inhalant delivery systems are distributed or sold; and (c) No more frequently than once a month in any single premises unless a compliance problem exists or is suspected. If there is more than one location on the premises where tobacco products or inhalant delivery systems are sold, the Authority or the LPHA may conduct inspections at each location. (3) Remediation plan: (a) The Authority or the LPHA may develop a remediation plan with a retailer, or their designee, to correct violations discovered during an inspection under this rule as an alternative to a civil penalty. If the retailer, or their designee, refuses to develop a remediation plan, the Authority or the LPHA may impose a civil penalty, as determined by OAR 333-015-0262. Compliance with the remediation plan must be completed within 15 calendar days of the inspection. (b) Follow-up inspection: (A) The Authority or the LPHA may make an unannounced follow-up inspection no sooner than 15 calendar days after the initial inspection. (B) If a violation of these rules is found during the follow-up inspection or post-remediation plan inspection, the Authority or the LPHA may impose a civil penalty, as determined by OAR 333-015-0262. (c) A retailer is eligible for a remediation plan described in this rule if either the Authority or the LPHA has discovered a violation of this rule by the retailer and a follow-up inspection has not been conducted within the review period as defined in OAR 333-015-0262. (4) Cooperation with inspection. The retailer, or their designee, shall permit the Authority or the LPHA access to the business, in order to determine compliance with these rules. Statutory/Other Authority: ORS 431A.218, ORS 167.765, ORS 167.770, ORS 167.780, ORS 431A.175, ORS 431A.178, ORS 431A.183 & ORS 413.042 Statutes/Other Implemented: ORS 167.765, ORS 167.770, ORS 167.780, ORS 431A.175, ORS 431A.178, ORS 431A.183, ORS 431A.190-431A.220, ORS 431.110 & ORS 431.141-431.144 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0247 Retail Sales of Tobacco Products and Inhalant Delivery Systems: Minimum Legal Sales Age Inspections (1) The Oregon Health Authority (Authority) or the local public health authority (LPHA) shall conduct annual random, unannounced inspections of retailers to ensure compliance with, and to enforce, the laws and rules designed to discourage the sale of tobacco products and inhalant delivery systems to persons under 21 years of age. (2) Inspections may take place: (a) Only in areas open to the public; (b) Only during the hours that tobacco products or inhalant delivery systems are distributed or sold; and (c) No more frequently than once a month in any single premises unless a compliance problem exists or is suspected. If there is more than one location on the premises where tobacco products or inhalant delivery systems are sold, the Authority or the LPHA may conduct inspections at each location. (3) The Authority or the LPHA may use persons under 21 years of age to complete inspections to determine compliance with these rules. (4) The Authority or the LPHA may impose civil penalties as described in OAR 333-015-0262 for any violations of these rules. Statutory/Other Authority: ORS 431A.218, ORS 167.755, ORS 431A.175, ORS 431A.178, ORS 431A.183 & ORS 413.042 Statutes/Other Implemented: ORS 167.755, ORS 431A.175, ORS 431A.178, ORS 431A.183, ORS 431A.190-431A.220, ORS 431.110 & ORS 431.141-431.144 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0252 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Complaint Inspections (1) The Oregon Health Authority (Authority) or the local public health authority (LPHA) may also conduct inspections described in OAR 333-015-0242 and OAR 333-015-0247 upon receipt of a valid complaint. (2) Cooperation with inspection. The retailer, or their designee, shall permit the Authority or the LPHA access to the business, in order to determine compliance with these rules. Statutory/Other Authority: ORS 431A.218, ORS 167.755, ORS 167.765, ORS 167.770, ORS 167.780, ORS 431A.175, ORS 431A.178, ORS 431A.183 & ORS 413.042 Statutes/Other Implemented: ORS 167.755, ORS 167.765, ORS 167.770, ORS 167.780, ORS 431A.175, ORS 431A.178, ORS 431A.183, ORS 431A.190-431A.220, ORS 431.110 & ORS 431.141-431.144 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0262 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Civil Penalties for Violations (1) The Oregon Health Authority (Authority) may impose a civil penalty not exceeding $5000 for each violation described in OAR 333-015-0257. A retailer may be subject to multiple civil penalties at a single inspection if the Authority or the local public health authority (LPHA) finds multiple violations of different rules or multiple instances of violations of the same rule. Each instance of a violation of a different requirement, obligation, prohibition, rule, statute, or regulation is a separate and distinct violation subject to the increasing penalty schedule described in section (2) of this rule. (2) The Authority may impose civil penalties against a retailer according to the following schedule: (a) $1000 for the first violation in the review period. In addition to issuing a civil penalty for the first violation, within 90 days the retailer shall read the retailer manual available from the Authority. (b) $2000 for the second violation of the same subsection of OAR 333-015-0257 within the review period. (c) $3500 for the third violation of the same subsection of OAR 333-015-0257 within the review period. (d) $5000 for the fourth or any subsequent violation of the same subsection of OAR 333-015-0257 within the review period. (3) For the purposes of this rule, “review period” means the 60-month period from the date the first violation is discovered. A new 60-month review period begins on the date the first violation is discovered after the prior review period ends. (4) If the Authority imposes a penalty under this section, the penalty imposition may be appealed as a contested case under ORS chapter 183 within 21 days of the date the notice of intent is served on the retailer. (5) For purposes of determining the applicable civil penalty amount for violation(s) as described in section (2) of this rule, the Authority does not consider violations discovered during an inspection where the retailer and the Authority or the LPHA develop a remediation plan. Statutory/Other Authority: ORS 431A.218, ORS 431A.178 & ORS 413.042 Statutes/Other Implemented: ORS 431A.178, ORS 431A.190-431A.220, ORS 431.110 & ORS 431.141-431.144 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 198-2022, minor correction filed 09/12/2022, effective 09/12/2022 PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0267 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Suspension and Revocation for Violations of OAR 333-015-0001 through 333-015-0360 In addition to a civil penalty, a license may be suspended or revoked by the Department, as described in OAR 150-323-0520. Statutory/Other Authority: ORS 431A.202 & ORS 431A.218 Statutes/Other Implemented: ORS 431A.190-431A.220 History: PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022
333-015-0272 Retail Sale of Tobacco Products and Inhalant Delivery Systems: Biennial Report Contents of Report: The Authority shall biennially submit a report to the Governor and to the appropriate committee or interim committee of the Legislative Assembly to which matters of public health are assigned. The report shall include: (1) A description of the state's activities to enforce the laws described in ORS 431A.175 during the biennium; and (2) A description outlining the overall success the state has achieved during the previous biennium in reducing the availability of tobacco products and inhalant delivery systems to persons under 21 years of age. Statutory/Other Authority: ORS 431A.183 & ORS 431A.218 Statutes/Other Implemented: ORS 431A.183 & ORS 431A.190-431A.220; History: PH 16-2022, amend filed 02/10/2022, effective 02/10/2022 PH 89-2021, renumbered from 333-015-0220, filed 12/22/2021, effective 12/22/2021 PH 23-2019, amend filed 11/18/2019, effective 01/01/2020 PH 23-2017, amend filed 12/21/2017, effective 01/01/2018 PH 19-2016, f. & cert. ef. 6-24-16 PH 32-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 6-28-16
333-015-0300 Packaging and Labeling: Purpose, Scope and Effective Date (1) The purpose of OAR 333-015-0300 to 333-015-0360 is to set the minimum standards for the labeling and packaging of inhalant delivery systems that are sold to a consumer. (2) These rules do not apply to an inhalant delivery system or prefilled inhalant delivery system that contains cannabinoids if that inhalant delivery system or prefilled inhalant delivery system complies with the packaging and labeling requirements in OAR 845-025-7000 to 845-025-7190. Statutory/Other Authority: ORS 431A.175 Statutes/Other Implemented: ORS 431A.175 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 16-2022, amend filed 02/10/2022, effective 02/10/2022 PH 249-2018, amend filed 08/30/2018, effective 09/01/2018 PH 20-2016, f. & cert. ef. 6-24-16
333-015-0310 Labeling Requirements for Liquid Nicotine Containers A label on a liquid nicotine container must conform to the labeling standards set forth in 21 CFR Part 1143.3, including but not limited to: (1) The label bears the following required warning statement on the package label: "WARNING: This product contains nicotine. Nicotine is an addictive chemical." (2) The required warning statement must appear directly on the label and must be clearly visible underneath any cellophane or other clear wrapping as follows: (a) Be located in a conspicuous and prominent place on the two principal display panels of the container and the warning area must comprise at least 30 percent of each of the principal display panels; (b) Be printed in at least 12-point font size and ensures that the required warning statement occupies the greatest possible proportion of the warning area set aside for the required text; (c) Be printed in conspicuous and legible Helvetica bold or Arial bold type (or other sans serif fonts) and in black text on a white background or white text on a black background in a manner that contrasts by typography, layout, or color, with all other printed material on the label; (d) Be capitalized and punctuated as indicated in section (1) of this rule; and (e) Be centered in the warning area in which the text is required to be printed and positioned such that the text of the required warning statement and the other information on the principal display panel have the same orientation. (3) A liquid nicotine container that would otherwise be required to bear the warning in section (1) of this rule but is too small or otherwise unable to accommodate a label with sufficient space to bear such information is exempt from compliance with the requirement provided that the information and specifications required under sections (1) and (2) of this rule appear on the carton or other outer container or wrapper if the carton, outer container, or wrapper has sufficient space to bear the information, or appear on a tag otherwise firmly and permanently affixed to the tobacco product package. In such cases, the carton, outer container, wrapper, or tag will serve as the location of the principal display panel. Statutory/Other Authority: ORS 431A.175, ORS 431A.218 & 21 CFR Part 1143.3 Statutes/Other Implemented: ORS 431A.175 & ORS 431A.190-431A.220 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 16-2022, amend filed 02/10/2022, effective 02/10/2022 PH 20-2016, f. & cert. ef. 6-24-16
333-015-0320 Labeling Requirements for Prefilled Inhalant Delivery Systems A label on a prefilled inhalant delivery system must conform to the labeling standards in OAR 333-015-0310, if the prefilled inhalant delivery system contains nicotine. Statutory/Other Authority: ORS 431A.175 & 21 CFR Part 1143.3 Statutes/Other Implemented: ORS 431A.175 History: PH 16-2022, amend filed 02/10/2022, effective 02/10/2022 PH 20-2016, f. & cert. ef. 6-24-16
333-015-0340 Packaging Requirements for Liquid Nicotine Containers A liquid nicotine container for sale to a consumer: (1) Shall be: (a) Child-resistant; and (b) Labeled in accordance with OAR 333-015-0310. (2) Shall not be packaged in a manner that is attractive to minors. Statutory/Other Authority: ORS 431A.175 Statutes/Other Implemented: ORS 431A.175 History: PH 16-2022, amend filed 02/10/2022, effective 02/10/2022 PH 249-2018, amend filed 08/30/2018, effective 09/01/2018 PH 20-2016, f. & cert. ef. 6-24-16
333-015-0345 Packaging Requirements for Non-nicotine Liquid Containers A non-nicotine liquid container for sale to a consumer: (1) Shall be child-resistant. (2) Shall not be packaged in a manner that is attractive to minors. Statutory/Other Authority: ORS 431A.175 Statutes/Other Implemented: ORS 431A.175 History: PH 16-2022, amend filed 02/10/2022, effective 02/10/2022 PH 249-2018, amend filed 08/30/2018, effective 09/01/2018 PH 20-2016, f. & cert. ef. 6-24-16
333-015-0350 Packaging Requirements for Prefilled Inhalant Delivery Systems A prefilled inhalant delivery system for sale to a consumer shall not be packaged in a manner that is attractive to minors. Statutory/Other Authority: ORS 431A.175 Statutes/Other Implemented: ORS 431A.175 History: PH 16-2022, amend filed 02/10/2022, effective 02/10/2022 PH 249-2018, amend filed 08/30/2018, effective 09/01/2018 PH 20-2016, f. & cert. ef. 6-24-16
333-015-0355 Packaging Requirements for Fillable Inhalant Delivery Systems (1) A fillable inhalant delivery system packaged without a liquid nicotine container for sale to a consumer shall not be packaged in a manner that is attractive to minors. (2) A fillable inhalant delivery system packaged with a liquid nicotine container for sale to a consumer shall comply with OAR 333-015-0310 and OAR 333-015-0340. Statutory/Other Authority: ORS 431A.175 Statutes/Other Implemented: ORS 431A.175 History: PH 48-2023, amend filed 10/09/2023, effective 10/09/2023 PH 16-2022, amend filed 02/10/2022, effective 02/10/2022 PH 249-2018, amend filed 08/30/2018, effective 09/01/2018 PH 20-2016, f. & cert. ef. 6-24-16