reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.005 - Definitions.

As used in ORS 646A.005 to 646A.025:
(1) "Animal" means a live, nonhuman vertebrate.
(2)(a) "Cosmetic" means a product intended to be rubbed, poured, sprinkled, sprayed on, introduced into or otherwise applied to the human body, or any part thereof, for cleansing, beautifying, promoting attractiveness or altering an individual’s appearance.
(b) "Cosmetic" does not include soap.
(3) "Cosmetic animal test" means the internal or external application or exposure of any cosmetic, cosmetic ingredient or nonfunctional constituent to the skin, eyes, or any other body part, organ or extremity, of an animal.
(4) "Cosmetic ingredient" means an ingredient, as that term is defined in 21 C.F.R. 700.3(e).
(5) "Manufacturer" means a person whose name appears on the label of a cosmetic pursuant to the requirements of 21 C.F.R. 701.12.
(6) "Nonfunctional constituent" means an incidental ingredient described in 21 C.F.R. 701.3(l).
(7) "Supplier" means a person that supplies, directly or through a third party, any cosmetic ingredient used by a manufacturer in the formulation of a cosmetic. [2023 c.536 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.009 - Prohibition on sales of cosmetics developed or manufactured using animal testing; exceptions; preemption of local laws.

(1) A manufacturer may not sell or offer to sell in this state a cosmetic that was, on or after January 1, 2024, developed or manufactured using cosmetic animal tests conducted or contracted for by the manufacturer or any supplier of the manufacturer.
(2) This section does not apply to a cosmetic that has been developed through use of a cosmetic animal test if the cosmetic animal test was conducted:
(a) Pursuant to a requirement of a federal or state agency and all of the following apply:
(A) A specific human health problem in relation to the cosmetic ingredient or nonfunctional constituent is substantiated;
(B) The need to conduct a cosmetic animal test is:
(i) Justified; and
(ii) Supported by a detailed research protocol, proposed as the basis for evaluation of the cosmetic ingredient or nonfunctional constituent;
(C) There is no nonanimal alternative method or strategy recognized by any federal or state agency or the Organization for Economic Cooperation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent; and
(D) The cosmetic ingredient or nonfunctional constituent is in wide use and, in the case of a cosmetic ingredient, cannot be replaced by another ingredient capable of performing a similar function.
(b) Outside of the United States, pursuant to a legal requirement of a foreign regulatory authority, provided that evidence derived from the testing was not relied upon to substantiate the safety of the cosmetic or cosmetic ingredient.
(c) Pursuant to a requirement established by 21 U.S.C. 351 to 360fff-8.
(d) For a cosmetic ingredient or nonfunctional constituent intended to be used in a product that is not a cosmetic and conducted pursuant to a requirement of a federal, state or foreign regulatory authority, provided that evidence from the cosmetic animal test is not relied upon to substantiate the safety or efficacy of the cosmetic or cosmetic ingredient unless all of the following apply:
(A) There is documented evidence of the noncosmetic intent of the test; and
(B) There is a history of use of the ingredient outside of cosmetics at least one year prior to any reliance on the cosmetic animal test to substantiate the safety or efficacy of the cosmetic or cosmetic ingredient.
(3) Nothing in this section prohibits a manufacturer or supplier from retaining, reviewing or assessing evidence from a cosmetic animal test.
(4) A city or county may not adopt or enforce any ordinance, rule or regulation establishing a prohibition on the sale of cosmetics that have been developed or manufactured using cosmetic animal tests unless the prohibition is identical to the provisions of this section. [2023 c.536 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.013 - Exceptions to prohibition on sales of cosmetics developed using animal testing.

ORS 646A.009 does not apply to a cosmetic that:
(1) Has not been developed through use of a cosmetic animal test in violation of ORS 646A.009 but was developed through use of a cosmetic animal test before January 1, 2024, even if the cosmetic was manufactured after January 1, 2024.
(2) Does not contain an ingredient that has been used in a cosmetic animal test in violation of ORS 646A.009 but contains an ingredient that was used in a cosmetic animal test before January 1, 2024, even if the ingredient was manufactured after January 1, 2024. [2023 c.536 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.017 - Donation and distribution of prohibited cosmetics.

Notwithstanding ORS 646A.009:
(1) A cosmetic that does not meet the requirements of ORS 646A.009 may be donated to a food bank, homeless shelter, hospital, animal shelter, corrections facility or emergency shelter.
(2) An entity described in subsection (1) of this section that receives a cosmetic donated pursuant to subsection (1) of this section may distribute the cosmetic to an individual who is receiving services from the entity. [2023 c.536 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.021 - Investigative demand by Attorney General; confidentiality of trade secret information.

(1) If it appears to the Attorney General that a manufacturer has possession, custody or control of any information, document or other material that is relevant to an investigation of a violation of ORS 646A.009, or that could lead to the discovery of relevant information in an investigation of a violation of ORS 646A.009, the Attorney General may execute an investigative demand and may cause an investigative demand to be served upon the manufacturer. 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) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause including privileged material, may be filed in the appropriate court.
(4) Information submitted to the Attorney General under this section that is a trade secret, as defined in ORS 192.345, is confidential and is not subject to public disclosure under ORS 192.311 to 192.478. [2023 c.536 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.025 - Action by Attorney General to impose civil penalty or obtain injunction.

(1) The Attorney General may bring a civil action in the name of the state in any court of appropriate jurisdiction to:
(a) Impose a civil penalty under ORS 646A.028 for violations of ORS 646A.009; or
(b) Obtain an injunction to restrain violations of ORS 646A.009.
(2) Civil penalties recovered under this section shall be deposited in the Department of Justice Protection and Education Revolving Account created under ORS 180.095. [2023 c.536 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.028 - Amount of civil penalty.

In addition to any other penalty provided by law, a manufacturer that sells or offers for sale a cosmetic in violation of ORS 646A.009 incurs a civil penalty of not more than $5,000 for the first day of the violation and not more than $1,000 for each day that the violation continues. [2023 c.536 §7]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.030 - Definitions for ORS 646A.030 to 646A.042.

As used in ORS 646A.030 to 646A.042, unless the context requires otherwise:
(1) "Business day" means any day except a Sunday or a legal holiday.
(2) "Buyer" means a person who purchases health spa services.
(3) "Conspicuous" has the meaning given that term in ORS 71.2010 (2)(j).
(4) "Health spa" means any person engaged, as a primary purpose, in the sale of instruction, training, assistance or use of facilities that are purported to assist patrons in physical exercise, weight control or figure development. The term also includes any person engaged primarily in the sale of the right or privilege to use tanning booths, exercise equipment or facilities, such as a sauna, whirlpool bath, weight-lifting room, massage, steam room, or other exercising machine or device. "Health spa" does not include any facility owned and operated by the State of Oregon or any of its political subdivisions.
(5) "Health spa services" means services, privileges or rights offered for sale by a health spa.
(6) "Person" has the meaning given that term in ORS 646.605 (4). [Formerly 646.661; 2009 c.181 §106]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.032 - Price list for health spa services.

(1) Each health spa shall prepare and provide to each prospective buyer a written list of prices of all forms or plans of health spa services offered for sale by the health spa.
(2) A health spa may not sell any form or plan of health spa services not included in the list. [Formerly 646.666]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.034 - Contracts; contents.

A contract for the sale of health spa services must be in writing and a copy must be given to the buyer at the time the buyer signs the contract. The contract must contain all of the following:
(1) Identification of the person providing the health spa services.
(2) A description of the health spa services to be provided, or acknowledgment in a conspicuous form that the buyer has received a written description of the health spa services to be provided. If any of the health spa services are to be delivered at a planned facility, at a facility under construction or through substantial improvement to an existing facility, the description must include a date for the completion of the facility, construction or improvement.
(3) A complete statement of the rules of the health spa or an acknowledgment in a conspicuous form that the buyer has received a copy of the rules.
(4) A statement of the duration of the obligation of the health spa to provide health spa services to the buyer. The duration shall not exceed three years from the date of the contract.
(5) A provision for cancellation of the contract:
(a) If the buyer dies or becomes physically unable to use a substantial portion of those health spa services used by the buyer from the date of the contract until the time of disability. The contract may require that disability be confirmed by an examination of a physician agreeable to the buyer and the health spa.
(b) If the health spa goes out of business.
(c) If the health spa moves its facility closest to the residence of the buyer on the date of the contract to a location more than five additional miles from that residence.
(d) If a facility, construction or improvement is not completed by the date represented in the contract.
(e) If the health spa materially changes the health spa services promised as a part of the initial contract.
(6) A provision for a refund upon cancellation in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term.
(7) A provision under a conspicuous caption in capital letters and boldfaced type stating:
______________________________________________________________________________
BUYER’S RIGHT TO CANCEL
If you wish to cancel this contract, without penalty, you may cancel it by delivering or mailing a written notice to the health spa. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be mailed to: _________ (insert name and mailing address of health spa). If you cancel within the three days, the health spa will return to you within 15 days all amounts you have paid.
______________________________________________________________________________ [Formerly 646.671]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.036 - Contracts and rules; delivery to buyer.

Upon request, a health spa must deliver to a prospective buyer copies of the contract required by ORS 646A.034, and the rules of the health spa if not stated in the contract, and must allow the prospective buyer to retain the copies so provided. [Formerly 646.676]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.038 - Moneys paid prior to facility opening; disposition; priority of claim; refund.

(1) All moneys paid to a health spa by a buyer prior to the opening of the facility shall promptly be deposited by the health spa in a trust account, maintained by the health spa for the purpose of holding such moneys for the buyer, in a bank, savings and loan association, mutual savings bank or licensed escrow agent located in Oregon.
(2) The health spa shall within seven days of the first deposit notify the office of the Attorney General, in writing, of the name, address and location of the depository and any subsequent change thereof.
(3) The health spa shall provide the buyer with a written receipt for the moneys and shall provide written notice of the name, address and location of the depository and any subsequent change thereof.
(4) If prior to the opening of the facility the status of the health spa is transferred to another, any sums in the trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor, and the successor shall promptly notify the buyer and the office of the Attorney General of the transfer and of the name, address and location of the new depository.
(5) The buyer’s claim to any moneys under this section is prior to that of any creditor of the health spa, including a trustee in bankruptcy or receiver, even if such moneys are commingled.
(6) After the health spa receives a notice of cancellation of the agreement or if the health spa fails to open a facility at the stated date of completion the health spa shall within 10 days give a full refund to the buyer, including the buyer’s pro rata share of any interest earned thereon.
(7) All sums received by a health spa in excess of the health spa’s normal monthly dues shall be placed in escrow subject to the terms and provisions stated in this section in the event that the health spa is not fully operational or in the event that the health spa is promising future construction or improvements. [Formerly 646.681]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.040 - Waiver of provisions of ORS 646A.030 to 646A.042.

A health spa shall not request a buyer to waive any provision of ORS 646A.030 to 646A.042. Any waiver by a buyer of any provision of ORS 646A.030 to 646A.042 is contrary to public policy and is void and unenforceable. [Formerly 646.686]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.042 - Remedies and obligations supplementary to existing remedies.

The remedies and obligations provided in ORS 646A.030 to 646A.042 are in addition to any other remedies and obligations, civil or criminal, existing at common law or under the laws of this state. [Formerly 646.691]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.050 - Definitions.

As used in this section and ORS 646A.052:
(1) "Base price" means the total retail cost of the following unless separately disclosed as described in ORS 646A.052 (2):
(a) The manufactured dwelling as provided by the manufacturer;
(b) Features added by the dealer, if any;
(c) Freight; and
(d) Delivery and installation as stated in the purchase agreement.
(2) "Buyer" means a person who buys or agrees to buy a manufactured dwelling.
(3) "Improvements" means goods and services not included in the base price that are, in general, needed to prepare a site and complete the setup of a manufactured dwelling. "Improvements" includes, but is not limited to, permits, site preparation, sidewalks, concrete, utility connections, skirting, steps, railings, decks, awnings, carports, garages, sheds, gutters, downspouts, rain drains, heat pumps, air conditioning, basements, plants and landscaping, installation fees and system development charges.
(4) "Manufactured dwelling" has the meaning given that term in ORS 446.003.
(5) "Manufactured dwelling dealer" or "dealer" means a person who sells a manufactured dwelling in a manner that makes the person subject to the license requirement of ORS 446.671.
(6) "Purchase agreement" means the written contract between the manufactured dwelling dealer and the buyer for the purchase of a manufactured dwelling. "Purchase agreement" does not include documents of a retail installment contract or loan agreement entered into as part of the purchase transaction. [Formerly 646.400]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.052 - Form of purchase agreement.

(1) A manufactured dwelling dealer who sells a manufactured dwelling shall use a purchase agreement form that complies with this section and rules adopted in accordance with ORS 646A.054.
(2) The purchase agreement shall include the base price and a written itemization that clearly and conspicuously discloses the retail prices of the following, if not included in the base price:
(a) Manufactured dwelling options that are ordered by the buyer.
(b) The amount of any refundable or nonrefundable administrative or processing fees paid to or collected by the dealer and the circumstances under which the fees may be returned to the buyer.
(c) The amount of any earnest money paid and the circumstances under which the earnest money may be returned to the buyer.
(d) Improvements provided by the dealer, or by a third party at the request of the dealer, to the extent known to the dealer at the time of sale. The written itemization of improvements under this paragraph excuses the dealer from providing the buyer with a separate statement of estimated costs under ORS 90.518 for those itemized improvements.
(e) All loan fees and credit report fees paid to or collected by the dealer to obtain financing for the buyer’s purchase of the manufactured dwelling and the circumstances under which the fees may be returned to the buyer.
(f) Alterations and upgrades to the manufactured dwelling made by the dealer or by a third party at the request of the dealer.
(g) Goods and services provided by the dealer, or by a third party at the request of the dealer, that are not otherwise disclosed pursuant to this section.
(h) Fees for the issuance or updating of an ownership document.
(i) The extended warranty contract, if any.
(j) Delivery, installation or site access costs that are not otherwise disclosed pursuant to this section, if any.
(3) The purchase agreement form must be accompanied by a list, provided by the Department of Justice, of governmental consumer protection agencies having jurisdiction over manufactured dwelling issues.
(4) Failure of a manufactured dwelling dealer to use a purchase agreement form that complies with this section and rules adopted in accordance with ORS 646A.054 is an unlawful practice under ORS 646.608.
(5) Except as provided in ORS 41.740, a purchase agreement is considered to contain all of the terms of the contract between the buyer and the manufactured dwelling dealer. No evidence of the terms of the contract may be presented other than the contents of the purchase agreement. As used in this subsection, "contract" does not include a retail installment contract or loan agreement entered into as part of a purchase transaction. [Formerly 646.402]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.060 - Purchase of used goods; records; application to pawnbrokers.

(1) A person doing business as a consignment store, a buy-sell store, a secondhand store or a similar store or enterprise that in the regular course of business buys used goods from individuals for the purpose of resale shall:
(a) Require that the individual from whom the person buys the used goods present proof of identification; and
(b) Maintain a record of the name and address of the individual, the type of identification provided by the individual, the date and a description of the goods bought from the individual.
(2) If the goods described in subsection (1) of this section are private metal property or are constructed of or contain parts made of nonferrous metal property as those terms are defined in ORS 165.116, in addition to the requirements of subsection (1) of this section, the person shall comply with and is subject to the penalty provided for violating a provision of ORS 165.117, 165.118 or 165.122 that is applicable to a scrap metal business as defined in ORS 165.116.
(3) The person shall make all records required to be maintained by subsection (1) of this section available to any peace officer on demand.
(4) This section does not apply to pawnbrokers licensed under ORS 726.080.
(5) This section does not preempt, invalidate or in any way affect the operation of any provision of a county, city or district ordinance regulating the activities of consignment stores, buy-sell stores, secondhand stores or similar stores or enterprises that in the regular course of business buy used goods from individuals for the purpose of resale. [Formerly 646.848; 2009 c.811 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.064 - Definitions for ORS 646A.064 to 646A.067.

As used in ORS 646A.064 to 646A.067:
(1) "Item of precious metal" means an item that consists of or incorporates gold in eight karat or greater purity, silver, platinum or palladium. "Item of precious metal" does not include dental gold, unrefined metal ore, an electronic product, any part of a mechanical system on a motor vehicle, gold or silver coins or bullion in any form.
(2) "Precious metal secondhand dealer":
(a) Means a person engaged in precious metal secondhand dealing; and
(b) Does not include:
(A) A pawnbroker licensed under ORS chapter 726 who engages exclusively in pledge loans, as defined in ORS 726.010;
(B) A manufacturer of items of precious metal;
(C) A person engaged in commercial or industrial scrap metal recycling operations;
(D) A person primarily engaged in business through the Internet;
(E) A motor vehicle dealer holding a certificate issued under ORS 822.020 or a motor vehicle dismantler holding a certificate issued under ORS 822.110; or
(F) A person primarily engaged in purchasing for resale newly manufactured items of precious metal. For purposes of this subparagraph, a person is primarily engaged in purchasing newly manufactured items of precious metal if the person’s inventory of items of precious metal for resale consists exclusively of:
(i) Newly manufactured items of precious metal acquired from a manufacturer; or
(ii) Items described in sub-subparagraph (i) of this subparagraph and used items of precious metal acquired for trade-in value as part of retail sales of newly manufactured items of precious metal by the person.
(3) "Precious metal secondhand dealing" means soliciting, receiving, purchasing, trading or accepting delivery of items of precious metal from individuals in return for money or other consideration.
(4) "Seller" means the other party to a transaction with a precious metal secondhand dealer.
(5) "Temporary precious metal secondhand dealer" means a precious metal secondhand dealer who conducts operations at one or more locations in this state for no more than five consecutive days at any one location.
(6) "Transaction":
(a) Means a purchase, consignment, bailment, barter or trade of one or more items of precious metal by a precious metal secondhand dealer from an individual who is not engaged in the business of selling newly manufactured items of precious metal.
(b) Does not include:
(A) Gifts or other transfers of property unsupported by consideration; or
(B) Business-to-business purchases or other transfers. [2012 c.99 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.065 - Records required for transactions involving items of precious metal; maintenance required of precious metal secondhand dealer; retention of items of precious metal.

(1) A precious metal secondhand dealer in this state shall maintain the following records with respect to each transaction conducted by the dealer:
(a) The full name, date of birth, current telephone number, current address and signature of the seller;
(b) The type and identification number of a currently valid government-issued photo identification that has been issued to the seller;
(c) A physical description of the seller; and
(d) An identifying description or a digital photograph of each item of precious metal that is the subject of the transaction.
(2) A precious metal secondhand dealer in this state shall:
(a) Maintain the records described in subsection (1) of this section for a period of at least one year after the date of the transaction; and
(b)(A) Maintain the records described in subsection (1) of this section at the location at which the dealer is engaged in precious metal secondhand dealing and allow inspection of the records by law enforcement officers upon request made during regular business hours; or
(B) If the dealer is a temporary precious metal secondhand dealer, maintain the records, or electronic copies of the records, at the current location where the dealer is engaged in precious metal secondhand dealing and allow inspection of the records or electronic copies by law enforcement officers upon request made during regular business hours.
(3) A precious metal secondhand dealer shall provide copies of records described in subsection (1) of this section if requested by law enforcement officers.
(4) A precious metal secondhand dealer in this state shall retain any item of precious metal acquired in a transaction for a period of seven days after the date of the transaction before the dealer may dispose of the item. The dealer shall keep items of precious metal subject to retention under this subsection segregated from other items, but at the location where the transaction occurred. The dealer shall allow inspection of items of precious metal subject to retention under this subsection if requested by law enforcement officers.
(5) Notwithstanding subsection (4) of this section, a temporary precious metal secondhand dealer may retain items subject to retention under subsection (4) of this section at a location of the dealer’s choosing in this state, but must provide an item of precious metal to a requesting law enforcement officer within 24 hours of the officer’s request for the item. Any cost incurred in providing a law enforcement officer with a requested item under this subsection shall be borne by the dealer. [2012 c.99 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.066 - Applicability to local ordinances.

(1) ORS 646A.064 to 646A.067 do not apply within the jurisdiction of any city or county that the Secretary of State has identified as having in effect an ordinance that imposes on precious metal secondhand dealers:
(a) Substantially equivalent or more stringent record keeping requirements for transactions; and
(b) Equal or longer holding periods for items of precious metal that are acquired by precious metal secondhand dealers through transactions.
(2) The secretary shall maintain on the secretary’s website a list of cities and counties in which ORS 646A.064 to 646A.067 do not apply.
(3) Each city or county that has an ordinance in effect that the city or county determines is as described in subsection (1) of this section shall notify the secretary in writing and shall include a copy of the ordinance or an electronic link to the ordinance. If the city or county amends or repeals the ordinance, the city or county shall notify the secretary of the amendment or repeal and, in the case of an amendment, the city or county determination of whether the ordinance as amended still is as described in subsection (1) of this section. [2012 c.99 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.067 - Preemption of local requirements applicable to pawnbrokers.

A city or county in this state may not require a precious metal secondhand dealer in this state who is also a pawnbroker licensed under ORS chapter 726 to provide a photograph of an item of precious metal acquired through a transaction. [2012 c.99 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.068 - Penalty for violating ORS 646A.065.

(1) A person that violates the provisions of ORS 646A.065 commits a Class C violation.
(2) Notwithstanding subsection (1) of this section, a person that violates the provisions of ORS 646A.065 three or more times commits a Class A violation for each subsequent violation.
(3) Notwithstanding subsections (1) and (2) of this section, a person that violates the provisions of ORS 646A.065 six or more times is subject to a fine of not less than $5,000 for each subsequent violation. [2012 c.99 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.070 - Sale of telephonic equipment; disclosure requirements; enforcement; penalty.

(1) Any person offering for sale or selling new or reconditioned telephone handsets or keysets, private branch exchanges or private automatic branch exchanges of not more than a 20-station capacity shall disclose clearly, in writing, when reasonable, before sale all of the following information:
(a) Whether the equipment uses pulse, tone, pulse-or-tone or other signaling methods.
(b) Whether the equipment can access tone generated services.
(c) Whether the equipment is registered with the Federal Communications Commission under applicable federal regulations.
(d) The person responsible for repair of the equipment.
(e) Minimum charges, if any, for repairs, handling and shipping.
(f) The terms of any written warranty offered with the equipment.
(2) A person who violates subsection (1) of this section commits an unlawful practice under ORS 646.608. The requirement under subsection (1) of this section is subject to enforcement and penalty as provided under ORS 336.184 and 646.605 to 646.652. [Formerly 646.850]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.072 - Exceptions to disclosure requirements.

(1) The requirement of disclosure under ORS 646A.070 does not apply:
(a) To any medium of advertising that accepts advertising in good faith without knowledge that the advertising violates any requirement under ORS 646A.070.
(b) To the sale or the offering for sale of radio equipment used for land, marine or air mobile service or any like service, regardless of whether such equipment is capable of interconnection by manual or automatic means to a telephone line.
(c) To equipment not intended for connection to the telephone network or to used equipment located on the customer’s premises.
(2) The requirement of disclosure under ORS 646A.070 (1)(d), (e) and (f) does not apply if the seller satisfies applicable requirements under the federal Magnuson-Moss Warranty Act (15 U.S.C. 2301 to 2312), except that the seller must provide the purchaser a copy of the warranty at the time of sale. [Formerly 646.855]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.077 - Qualification for full refund; replacement dog; reimbursement for cost of veterinary care; exceptions.

(1) As used in this section:
(a) "Litter" means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.
(b) "Pet dealer" means, except as provided in paragraph (c) of this subsection, a person that sells five or more litters of dogs during a one-year period.
(c) "Pet dealer" does not mean an animal control agency, humane society or animal shelter.
(2) Except as otherwise provided in this section, a pet dealer shall provide the purchaser of a dog that complies with subsection (3) of this section with a full refund of the purchase price for the dog if:
(a) No later than 15 days after purchasing the dog from the pet dealer the purchaser has the dog examined by a veterinarian and the examination reveals that the dog is diseased; or
(b) No later than one year after purchasing the dog from the pet dealer the purchaser has the dog examined by a veterinarian and the examination reveals that the dog has a congenital disorder that significantly limits the dog’s quality of life.
(3) To qualify for a refund under this section, the purchaser, no later than four business days after the veterinary examination that revealed the disease or disorder, must:
(a) Return the dog to the pet dealer;
(b) Provide the pet dealer with a dated written statement by the examining veterinarian that the dog has a disease or has a congenital defect; and
(c) Provide the pet dealer with proof of the sale, including but not limited to, the date of sale.
(4) Upon mutual agreement of the purchaser and pet dealer, the purchaser may accept a replacement dog instead of a refund.
(5) A purchaser that complies with subsection (2) of this section may, instead of obtaining a refund, require that the pet dealer reimburse the purchaser for the cost of veterinary care provided in connection with the disease or congenital disorder described in subsection (2) of this section. The duty of the pet dealer to reimburse the purchaser for the cost of veterinary care shall be limited to the purchase price of the dog. A purchaser that agrees to accept reimbursement under this subsection waives any other claim against the pet dealer for reimbursement of the cost of veterinary care for the dog.
(6) Notwithstanding subsections (1) to (5) of this section, a pet dealer is not required to refund the purchase price for a dog, provide a replacement dog or reimburse the purchaser for veterinary care if the pet dealer:
(a) At the time of sale made a clear and conspicuous disclosure in writing, initialed or signed by the purchaser, that disclosed the disease or disorder; or
(b) Had the dog examined by a veterinarian not more than 14 days prior to the date of sale and the examination did not disclose the disease or congenital disorder. [2009 c.297 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.080 - Sale of novelty item containing mercury; penalty.

(1) A person may not sell or offer for sale a novelty item that contains encapsulated liquid mercury.
(2) Upon notification to the Department of Environmental Quality by any person that a novelty item for sale in the state contains encapsulated liquid mercury, the department shall notify persons identified as selling the novelty item of the prohibition on the sale of such items.
(3) The department may impose a penalty as provided in ORS 459.995 if a person continues to sell a novelty item that contains encapsulated liquid mercury after notification of the prohibition on the sale of such items. [Formerly 646.845]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.081 - Prohibition on sale or installation of mercury vapor outdoor lighting fixtures.

(1) As used in this section:
(a) "Mercury vapor lighting fixture" means an artificial illumination device that produces a high-intensity discharge of light by passing electricity through mercury vapor.
(b) "Outdoor lighting fixture" has the meaning given that term in ORS 757.765.
(2) A person may not sell an outdoor lighting fixture that is a mercury vapor lighting fixture.
(3) A person may not install a mercury vapor lighting fixture outdoors. This subsection does not apply to the reinstallation of an existing fixture after servicing or repair.
(4) State moneys may not be expended for the installation or reinstallation of outdoor lighting fixtures that are mercury vapor lighting fixtures. [2009 c.588 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.082 - Floral retail sales; disclosure of principal place of business; enforcement; penalty.

(1) Any person engaging in floral retail sales shall disclose the person’s principal place of business in any written communications sent to customers, listings, advertising or websites that provide information about the person’s floral retail sales activities.
(2) A person who violates subsection (1) of this section commits an unlawful practice under ORS 646.608. The requirement under subsection (1) of this section is subject to enforcement and penalty as provided under ORS 336.184 and 646.605 to 646.652. [2009 c.150 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.085 - Sale of rights by distributor to exhibit motion picture without first giving exhibitor opportunity to view motion picture prohibited; attorney fees.

(1) As used in this section:
(a) "Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sales, license or any other agreement to sell rights to exhibit a motion picture.
(b) "Exhibitor" means any person engaged in the business of operating one or more theaters in which motion pictures are exhibited to the public for a charge.
(c) "Market" means any geographical area in this state for which a distributor solicits exhibitors to compete, by bidding or other negotiations, for the rights to exhibit a motion picture.
(2) No distributor shall sell rights to exhibit a motion picture in this state unless each exhibitor solicited by the distributor for an offer to exhibit the motion picture is first allowed a reasonable opportunity to view the motion picture within the state. Any waiver of this subsection is void and unenforceable.
(3) Nothing in this section applies to any form of solicitation of offers for, negotiation concerning or sale of rights to exhibit a motion picture:
(a) That has been exhibited in this state before October 3, 1979.
(b) In a market where the motion picture has been exhibited for one week or more.
(c) That is 60 minutes or less in length.
(4) An exhibitor may enforce this section by bringing an action in the appropriate court of this state. In enforcing this section a court may:
(a) Issue an injunction to prohibit violation of this section; and
(b) Award an exhibitor any actual damages arising from violation of this section.
(5) In any suit under subsection (4) of this section, the court shall award reasonable attorney fees at trial and on appeal to the prevailing party. [Formerly 646.868]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.092 - Advertisements for sale or lease of motor vehicle; exceptions.

(1) As used in this section:
(a) "Advertisement" means any public notice or announcement of a motor vehicle for sale or lease.
(b) "Motor vehicle" has the meaning given that term in ORS 801.360, except that "motor vehicle" does not include commercial vehicles, as defined in ORS 801.210, or commercial motor vehicles, as defined in ORS 801.208.
(c) "Seller" means a person that is engaged in the business of selling or leasing motor vehicles.
(d) "Trade publication" means a motor vehicle price guide that is nationally recognized and distributed.
(2) An advertisement for the sale or lease of a motor vehicle may not claim that a seller will value property being offered in exchange for payment toward the motor vehicle:
(a) At a specific amount;
(b) Within a range of specified amounts;
(c) At a guaranteed minimum amount; or
(d) As a multiple of or an increase in trade-in allowance.
(3) This section does not apply to an advertisement for a used motor vehicle that:
(a) References a value cited in a trade publication that is not published by the seller and that is readily accessible by the public;
(b) Clearly and conspicuously discloses the name of the trade publication being referenced;
(c) Clearly and conspicuously includes the following disclaimer in at least 10-point bold type: "THE VALUE OF USED MOTOR VEHICLES VARIES WITH MILEAGE, USAGE, INCLUDED ACCESSORIES AND CONDITION. BOOK VALUES SHOULD BE CONSIDERED ESTIMATES ONLY."; and
(d) If the publisher of the trade publication publishes and distributes separate issues for specific geographic regions, references the value cited for the geographic region in which the motor vehicle is being offered for sale. [2011 c.57 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.093 - Disclosures for handling and shipping consumer goods required in advertisements, offers and sales; penalty.

(1) As used in this section:
(a) "Advertise" means to communicate about a consumer good by newspaper, radio, television, handbill, placard or other print, broadcast or electronic medium within this state for the purpose of selling the consumer good.
(b) "Consumer goods" means goods that an individual uses or buys for use primarily for personal, family or household purposes.
(2) A person that offers for sale, sells or advertises consumer goods that the person will ship directly to a consumer in this state shall clearly disclose during the sales transaction the charges, if any, that the consumer must pay for handling and shipping the consumer goods.
(3) A person that fails to disclose the handling and shipping charges for consumer goods in a transaction described in subsection (2) of this section commits an unlawful practice under ORS 646.607 that is subject to enforcement under ORS 646.632. [2013 c.433 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.095 - Disclosure required when purchaser of product offered technical support through information delivery system.

(1) Whenever the purchaser of a product sold at retail is offered ongoing technical support or service relating to the operation or use of the product, and the support or service is offered exclusively or in part through an information delivery system, the product or package of the product shall contain, in clear view to the purchaser before the product is opened, a statement disclosing that the technical support or service is provided through an information delivery system and listing the cost per minute of the support or service. The manufacturer of the product is responsible for providing the statement required under this subsection.
(2) As used in this section:
(a) "Information delivery system" means any telephone-recorded messages, interactive program or other information services that are provided on a pay-per-call basis through an exclusive telephone number prefix or service access code; and
(b) "Manufacturer" means a person who manufactures a product described in subsection (1) of this section. When the product is distributed or sold under a name other than that of the actual manufacturer of the product, the term "manufacturer" includes any person under whose name the product is distributed or sold. [Formerly 646.871]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.097 - Payment of sales commissions following termination of contract between sales representative and principal; definitions; civil action.

(1) As used in this section:
(a) "Commission" means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or as a specified amount per order or per sale.
(b) "Principal" means a person who does not have a permanent or fixed place of business in this state and who:
(A) Manufactures, produces, imports or distributes a tangible product for wholesale;
(B) Contracts with a sales representative to solicit orders for the product; and
(C) Compensates the sales representative, in whole or in part, by commission.
(c) "Sales representative" means a person who:
(A) Contracts with a principal to solicit wholesale orders;
(B) Is compensated, in whole or in part, by commission;
(C) Does not place orders or purchase for the sales representative’s own account or for resale; and
(D) Does not sell or take orders for the sale of products to the ultimate consumer.
(2) When a contract between a sales representative and a principal is terminated for any reason, the principal shall pay the sales representative all commissions accrued under the contract to the sales representative within 14 days after the effective date of the termination.
(3) A principal who fails to comply with the provisions of subsection (2) of this section is liable to the sales representative in a civil action for:
(a) All amounts due the sales representative plus interest on the amount due at the rate of nine percent per annum until paid; and
(b) Treble damages, if the failure to comply with the provisions of subsection (2) of this section is willful.
(4) The court shall award court costs and attorney fees actually and reasonably incurred by the prevailing party in an action to recover amounts, interest or damages due under subsection (3) of this section.
(5) A nonresident principal who contracts with a sales representative to solicit orders in this state is subject to the jurisdiction of the courts of this state to the extent specified in ORS 14.030.
(6) Any action commenced pursuant to this section must be commenced in the county in which the plaintiff resides at the time the action is commenced or in the county where the cause of action arose.
(7) Nothing in this section shall invalidate or restrict any other or any additional right or remedy available to a sales representative, or preclude a sales representative from seeking to recover in one action all claims against a principal.
(8) A provision in any contract between a sales representative and a principal purporting to waive any provision of this section, whether by expressed waiver or by a contract subject to the laws of another state, shall be void. [Formerly 646.878]