reglab/housing_qa huggingface dataset:
OR Rev Stat § 180.415 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.415 - Nonparticipating manufacturer certification; rules.

In the certification required by ORS 180.410 (1), a nonparticipating manufacturer shall further certify: (1) That the nonparticipating manufacturer and, if applicable, the nonparticipating manufacturer’s importer are registered to do business in the State of Oregon or have appointed a resident agent for service of process and provided notice of the appointment as required by ORS 180.430. (2) That the nonparticipating manufacturer: (a) Has established and continues to maintain a qualified escrow fund; and (b) Has executed a qualified escrow agreement that has been reviewed and approved by the Attorney General and that governs the qualified escrow fund. The Attorney General shall adopt rules defining the form and content of a model escrow agreement. A nonparticipating manufacturer that executes the model escrow agreement is deemed to have satisfied the requirement that it use a form of escrow agreement that has been reviewed and approved by the Attorney General. (3)(a) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required by ORS 323.806; (b) The account number of the qualified escrow fund and any subaccount number for the State of Oregon; (c) The amount the nonparticipating manufacturer placed in the qualified escrow fund for cigarettes sold in Oregon during the preceding calendar year, the amount and date of each deposit and evidence or verification as may be deemed necessary by the Attorney General to confirm the amounts and dates; and (d) The amount and date of any withdrawal of funds the nonparticipating manufacturer made at any time from the qualified escrow fund or from any other qualified escrow fund into which the nonparticipating manufacturer ever made escrow payments pursuant to ORS 323.806. (4) That the nonparticipating manufacturer has posted a bond in accordance with ORS 180.416. (5) That all shipments or sales made within or into this state by the nonparticipating manufacturer or its importer are made to a distributor of cigarettes licensed under ORS 323.105 or a distributor of tobacco products licensed under ORS 323.530. [2003 c.801 §4; 2017 c.687 §6] Note: See note under 180.400.
OR Rev Stat § 180.416 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.416 - Nonparticipating manufacturer bond; rules.

(1) A nonparticipating manufacturer shall post a bond for the benefit of the state, in accordance with this section, which is conditioned on the nonparticipating manufacturer fully complying with the escrow obligations of ORS 323.806. (2) The bond must be posted at least 10 days in advance of each calendar quarter as a condition to the nonparticipating manufacturer and its brand families being included in the state directory for that quarter. The amount of the bond must be the greater of: (a) The greatest required escrow amount due from the nonparticipating manufacturer or its predecessor for any of the 12 preceding calendar quarters; or (b) $25,000. (3) If a nonparticipating manufacturer that posted a bond has failed to make or have made on its behalf deposits equal to the full amount owed for a quarter within 15 days following the due date for the quarter, the Attorney General may execute upon the bond in the amount equal to any remaining amount of the escrow due, including any applicable penalties or other charges allowable by law. Amounts the Attorney General collects on a bond shall be deposited into the General Fund for the benefit of the state and shall reduce the amount of escrow due from the nonparticipating manufacturer in the dollar amount collected. Escrow obligations above the amount collected on the bond remain due from the nonparticipating manufacturer and any importer liable as provided in ORS 323.806. (4) The bond required under this section must be a good and sufficient bond executed by a surety company licensed and authorized to do business in Oregon and shall be conditioned to pay the escrow requirements as well as any penalties or other charges under this chapter. (5) The Attorney General may promulgate rules necessary to implement this section including acceptable forms and types of bonds. [2017 c.687 §9] Note: See note under 180.400.
OR Rev Stat § 180.420 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.420 - Document retention period.

A tobacco product manufacturer that certifies to the Attorney General as required by ORS 180.410 and 180.415 shall retain all invoices and documentation of sales and other information relied upon for the certifications for a period of five years. [2003 c.801 §5] Note: See note under 180.400.
OR Rev Stat § 180.430 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.430 - Nonresident nonparticipating manufacturer service agent.

(1)(a) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State of Oregon as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory developed under ORS 180.425, appoint and continuously engage the services of a resident agent in this state. The agent shall act as agent for service of process on whom all process in any action or proceeding against the nonparticipating manufacturer concerning or arising out of the enforcement of this section or ORS 180.410, 180.415, 180.420, 180.435, 180.440 or 323.806, or rules adopted under ORS 180.445 or 180.450, may be served in any manner authorized by law. Service on the agent constitutes legal and valid service of process on the nonparticipating manufacturer. (b) The nonparticipating manufacturer shall provide the name, address, telephone number and proof of the appointment and availability of the agent to the Attorney General. (2) The nonparticipating manufacturer shall provide notice to the Attorney General at least 30 calendar days prior to termination of the authority of an agent and shall provide proof to the satisfaction of the Attorney General of the appointment of a new agent at least five calendar days prior to the termination of an existing agent appointment. If an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the Attorney General of the termination within five calendar days and shall include proof to the Attorney General of the appointment of a new agent. (3) A nonparticipating manufacturer whose cigarettes are sold in this state who has not appointed or designated an agent as required by this section shall be deemed to have appointed the Secretary of State as the agent and may be proceeded against in courts of this state by service of process upon the Secretary of State. However, the appointment of the Secretary of State as the agent does not satisfy the condition precedent to having brand families of the nonparticipating manufacturer listed or retained in the directory. [2003 c.801 §7] Note: See note under 180.400.
OR Rev Stat § 180.440 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.440 - Prohibited conduct; penalty.

(1) A person may not: (a) Affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family that is not included in the directory developed under ORS 180.425; (b) Sell, offer for sale or possess for sale cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425; or (c) Possess in this state for sale in another jurisdiction cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425 and was not in compliance with the Master Settlement Agreement qualifying statute in the other jurisdiction or with statutes that supplement the qualifying statute in that jurisdiction. (2) A person who sells, offers for sale, distributes, acquires, holds, owns, possesses, transports, imports or causes to be imported cigarettes that the person knows or should know are intended for sale or distribution in violation of subsection (1) of this section commits a Class A misdemeanor. (3) A distributor may not affix a stamp to a package or other container of cigarettes or purchase untaxed roll-your-own tobacco unless the distributor certifies to the Attorney General, in a manner prescribed by the Attorney General, that the distributor has purchased the cigarettes or roll-your-own tobacco directly from the tobacco product manufacturer or from the first importer of the cigarettes or roll-your-own tobacco into the United States. [2003 c.801 §11; 2009 c.70 §1; 2019 c.240 §3] Note: See note under 180.400.
OR Rev Stat § 180.441 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.441 - Prohibited shipping; in-person sale required.

(1)(a) A person engaged in the business of selling cigarettes, inhalant delivery systems or smokeless tobacco products for profit may not ship or transport, or cause to be shipped or transported, cigarettes, inhalant delivery systems or smokeless tobacco products ordered or purchased by mail or telephone or through a computer or other electronic network to any person in this state other than a distributor or retailer. (b) Paragraph (a) of this subsection does not apply to a freight forwarder or motor carrier, as those terms are defined in 49 U.S.C. 13102, as in effect on August 8, 2017, or an air carrier, as defined in 49 U.S.C. 40102, as in effect on August 8, 2017. (2) A retailer may not sell cigarettes, inhalant delivery systems or smokeless tobacco products unless the retailer or an employee of the retailer makes the sale to the purchaser in person as part of a face-to-face exchange. (3) A person may not knowingly provide substantial assistance to a person that is violating subsection (1) or (2) of this section. [2017 c.687 §10; 2021 c.179 §3] Note: See note under 180.400.
OR Rev Stat § 180.445 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.445 - Quarterly escrow deposits; rules.

(1) To promote compliance with the provisions of ORS 180.410, 180.415, 180.420, 180.430, 180.435 and 180.440, the Attorney General may adopt rules requiring a nonparticipating manufacturer to make the escrow deposits required by ORS 323.806 in quarterly installments during the year in which the sales covered by the deposits are made. The Attorney General may require a nonparticipating manufacturer to produce information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment deposit. (2) If the Attorney General adopts rules requiring a nonparticipating manufacturer to make escrow deposits in quarterly installments, the rules may also provide that a nonparticipating manufacturer that has been in continuous compliance for one year with ORS 180.410, 180.415, 180.420, 180.430, 180.435, 180.440 and 323.806 may make escrow deposits required by ORS 323.806 in annual payments during the second and subsequent years in which deposits are required. [2003 c.801 §9] Note: See note under 180.400.
OR Rev Stat § 180.448 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.448 - Attorney General investigative demand.

(1) If it appears to the Attorney General that a person, including a person described in ORS 180.441 (1)(b), has possession, custody or control of any information, document or other material that is relevant to an investigation of a violation of ORS 180.400 to 180.455 or 323.806, or that could lead to the discovery of relevant information in an investigation of a violation of ORS 180.400 to 180.455 or 323.806, the Attorney General may execute an investigative demand and may cause an investigative demand to be served upon the person. The investigative demand may require the person: (a) To appear and testify under oath at the time and place stated in the investigative demand; (b) To answer written interrogatories; or (c) To produce relevant documentary material or physical evidence for examination at the time and place stated in the investigative demand. (2) An investigative demand under this section shall be served in the manner provided by ORS 646.622 and may be enforced in the manner provided by ORS 646.626. (3) As used in this section, "person" does not include a participating manufacturer as defined in ORS 180.405. [2017 c.687 §12] Note: 180.448 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 180.450 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.450 - Judicial review; civil remedies; rules.

(1) A determination by the Attorney General to omit or remove from the directory developed under ORS 180.425 a brand family or tobacco product manufacturer is subject to review in the manner prescribed by ORS 183.484 for judicial review of orders in other than contested cases. (2) The Attorney General may adopt rules necessary to effect the purposes of ORS 180.400 to 180.455 and 323.106. (3) In any action brought by the state to enforce ORS 180.410, 180.415, 180.420, 180.430, 180.435, 180.440 or 323.806, or any rule adopted under this section or ORS 180.445, the state may recover the costs of investigation, expert witness fees, costs of the action and reasonable attorney fees. Moneys recovered under this subsection shall be deposited into the Tobacco Enforcement Fund established under ORS 180.205. (4) If a court determines that a person has violated any provision of ORS 180.410, 180.415, 180.420, 180.430, 180.435 or 180.440, or any rule adopted under this section or ORS 180.445, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the Tobacco Enforcement Fund established under ORS 180.205. (5) Unless otherwise expressly provided, the remedies or penalties provided by this section and ORS 180.440 and 180.455 are cumulative to each other and to the remedies or penalties available under all other laws of this state. [2003 c.801 §10] Note: See note under 180.400.
OR Rev Stat § 180.451 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.451 - Civil remedies for violation of ORS 180.441; penalty.

(1) The Attorney General may bring a civil action in the name of the State of Oregon against a person who violates ORS 180.441 or for the purpose of seeking an injunction to restrain an actual or threatened violation of ORS 180.441 and compel compliance with ORS 180.441. (2) If a court determines that a person violated ORS 180.441, the court shall order the disgorgement of any profits, gain, gross receipts or other benefit from the violation. All moneys disgorged under this subsection must be deposited in the Tobacco Enforcement Fund established under ORS 180.205. (3)(a) In any action brought pursuant to this section, the state may recover the costs of the investigation, the costs of the action, reasonable attorney fees and a civil penalty for each violation, not to exceed $5,000 per violation. A civil penalty imposed under this section must be imposed in the manner provided by ORS 183.745. (b) For the purposes of this subsection, each shipment or transport of cigarettes, inhalant delivery systems or smokeless tobacco products constitutes a separate violation. (4) Unless expressly provided, the remedies or penalties under this section are cumulative to each other and to the remedies available under all other laws of this state. [2017 c.687 §11; 2021 c.179 §4] Note: See note under 180.400.
OR Rev Stat § 180.455 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.455 - Revocation or suspension of distributor license; refusal to issue license; penalties; remedies.

(1) Upon a determination that a distributor has violated ORS 180.440, the Department of Revenue may revoke or suspend the license of the distributor in the manner provided by ORS 323.140. Each stamp affixed and each offer to sell cigarettes in violation of ORS 180.440 constitutes a separate violation. (2) Upon a determination that a person applying for a license under ORS 323.105 has violated ORS 180.440 at any time within the five years preceding the application, the department may refuse to issue the license. The department shall provide opportunity for hearing and judicial review in the manner provided in ORS 323.140. (3)(a) Upon a determination that a person has violated ORS 180.440 (1)(b) or (c), the department may impose a civil penalty in an amount not to exceed the greater of $5,000 or 500 percent of the retail value of the cigarettes sold, offered for sale or possessed for sale. Judicial review of an order imposing a civil penalty shall be as provided in ORS 305.445 and 305.501. (b) Upon a determination that a person has violated ORS 180.440 (1)(a), the department may impose a civil penalty in an amount not to exceed $5,000. Judicial review of an order imposing a civil penalty shall be as provided in ORS 305.445 and 305.501. (4) The Attorney General may seek an injunction to restrain a threatened or actual violation of ORS 180.435 or 180.440 by a person and to compel the person to comply with those sections. In any action brought pursuant to this subsection, the state may recover the costs of investigation, the costs of the action, reasonable attorney fees and a civil penalty for each violation not to exceed $5,000. The civil penalty must be imposed in the manner provided by ORS 183.745. (5) A person who violates ORS 180.440 (1) engages in an unlawful practice in violation of ORS 646.608. [2003 c.801 §12; 2009 c.70 §2] Note: See note under 180.400.
OR Rev Stat § 180.465 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.465 - Legislative findings.

The Legislative Assembly finds that violations of ORS 323.810 to 323.816 threaten the integrity of the Smokeless Tobacco Master Settlement Agreement, the fiscal soundness of the state and the public health. The Legislative Assembly finds that enacting procedural enhancements will aid the enforcement of ORS 323.810 to 323.816 and thereby safeguard the integrity of the Smokeless Tobacco Master Settlement Agreement, the fiscal soundness of the state and the public health. [2009 c.717 §6]
OR Rev Stat § 180.468 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.468 - Definitions.

As used in ORS 180.465 to 180.494: (1) "Distributor" means a person who is licensed under ORS 323.530 and any other person who is a distributor for the purposes of ORS 323.500 to 323.645. (2) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer. (3) "Participating manufacturer" has the meaning given that term in section II(ee) of the Smokeless Tobacco Master Settlement Agreement. (4) "Qualified escrow fund" has the meaning given that term in ORS 323.810. (5) "Smokeless Tobacco Master Settlement Agreement" has the meaning given that term in ORS 323.810. (6) "Smokeless tobacco products" has the meaning given that term in ORS 323.810. (7) "Tobacco product manufacturer" has the meaning given that term in ORS 323.810. (8) "Units sold" has the meaning given that term in ORS 323.810. [2009 c.717 §7; 2021 c.179 §5]
OR Rev Stat § 180.471 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.471 - Manufacturer certification.

(1) Every tobacco product manufacturer whose smokeless tobacco products are sold in this state, whether directly or through a distributor, retailer or similar intermediary, shall execute and deliver a certification to the Attorney General certifying that, as of the date of the certification, the tobacco product manufacturer is either: (a) A participating manufacturer; or (b) In full compliance with ORS 323.816 and with rules adopted under ORS 180.489 and 180.491. (2) The certification required by subsection (1) of this section shall be on a form prescribed by the Attorney General and shall be submitted no later than April 30 each year. The form shall permit the tobacco product manufacturer to indicate the electronic mail address to which the Attorney General may send notice of changes in the directory developed under ORS 180.477 if the tobacco product manufacturer elects to receive electronic mail notice. [2009 c.717 §8]
OR Rev Stat § 180.474 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 180 - Attorney General; Department of Justice|Section 180.474 - Nonparticipating manufacturer certification; rules.

In the certification required by ORS 180.471, a nonparticipating manufacturer shall further certify: (1) That the nonparticipating manufacturer is registered to do business in the State of Oregon or has appointed a resident agent for service of process and provided notice of the appointment as required by ORS 180.480. (2) That the nonparticipating manufacturer: (a) Has established and continues to maintain a qualified escrow fund; and (b) Has executed a qualified escrow agreement that has been reviewed and approved by the Attorney General and that governs the qualified escrow fund. The Attorney General shall adopt rules defining the form and content of a model escrow agreement. A nonparticipating manufacturer that executes the model escrow agreement is deemed to have satisfied the requirement that it use a form of escrow agreement that has been reviewed and approved by the Attorney General. (3)(a) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required by ORS 323.816; (b) The account number of the qualified escrow fund and any subaccount number for the State of Oregon; (c) The amount the nonparticipating manufacturer placed in the qualified escrow fund for smokeless tobacco products sold in Oregon during the preceding calendar year, the amount and date of each deposit and evidence or verification as may be deemed necessary by the Attorney General to confirm the amounts and dates; and (d) The amount and date of any withdrawal of funds the nonparticipating manufacturer made at any time from the qualified escrow fund or from any other qualified escrow fund into which the nonparticipating manufacturer ever made escrow payments pursuant to ORS 323.816. [2009 c.717 §9]