reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.760 - Civil penalties; attorney fees; mitigation.

(1) The Attorney General may prosecute an action for appropriate injunctive relief and civil penalties in the name of the state for any violation of ORS 646.705 to 646.805. The court may assess for the benefit of the state a civil penalty of not more than $1 million for each violation of ORS 646.705 to 646.805. A court may find that any act or series of acts by an officer, partner or agent of a business entity on behalf of the business entity constitutes a violation or violations by the individual person as well as the business entity. The court may impose separate penalties against each individual as well as the business entity for each violation. The court may award reasonable attorney fees, expert fees and costs of investigation to the Attorney General if the Attorney General prevails in an action under this section. The court may award reasonable attorney fees, expert fees and costs of investigation to a defendant who prevails in an action under this section if the court determines that the Attorney General had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
(2) The Attorney General’s complaint may also seek, and the court may order, in an appropriate case, the forfeiture of any corporate franchise, business entity registration, professional or business license or right to do business or to use an assumed business name if the court finds a defendant’s use of the franchise, business entity registration, license or right has been material to a violation of ORS 646.725 or 646.730.
(3) The court shall take into consideration in mitigation of any penalty assessed under this section, any fine or penalty imposed against the defendant by a United States court in a final judgment under 15 U.S.C. 1 to 45, which the court finds to be based on the same or substantially the same acts of defendant. [1975 c.255 §8; 1981 c.897 §80; 1995 c.696 §36; 1999 c.370 §1; 2023 c.103 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.770 - Equitable remedies; attorney fees.

(1) Any person, including the state or a public body, threatened with injury to the person’s business or property from a violation of ORS 646.725 or 646.730 may prosecute a suit for equitable relief, and in addition to such relief shall recover the costs of suit, including necessary reasonable investigative costs and reasonable expert fees.
(2) Except as provided in subsection (3) of this section, in an action that a person, other than the state or a public body, brings under the provisions of this section, the court may award reasonable attorney fees to the prevailing party. Except as provided in subsection (3) of this section, in a civil action that the state or a public body brings under the provisions of this section:
(a) The court may award reasonable attorney fees to the state or the public body if the state or public body prevails in the action; and
(b) The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the state or the public body had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
(3) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (2) of this section if the action under this section is maintained as a class action under ORCP 32. [1975 c.255 §9; 1981 c.897 §81; 1995 c.696 §37; 2023 c.103 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.800 - Time of commencing action.

(1) An action under ORS 646.760 to recover a civil penalty shall be commenced within four years after the cause of action accrued, or within one year after the conclusion of any civil or criminal proceeding instituted by the United States under the antitrust laws of the United States, except section 15a of Title 15 of the United States Code, based in whole or in part on the same matter complained of, whichever is later.
(2) An action under ORS 646.780 to recover damages shall be commenced within four years after the cause of action accrued, or within one year after the conclusion of any proceeding based in whole or in part on the same matter complained of, filed either by the United States under the antitrust laws of the United States, except section 15a of Title 15 of the United States Code, or by the state (except in an action for damages by the state) under ORS 646.760, 646.770 or 646.780 (whichever is first concluded), whichever is later. [1975 c.255 §12]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.805 - Effect of prior final judgment or decree.

(1) A final judgment or decree heretofore or hereafter rendered in any civil or criminal proceeding brought by or on behalf of the United States under the antitrust laws of the United States to the effect that a defendant has violated such laws, other than a judgment or decree entered in an action under section 15a of Title 15 of the United States Code or a consent judgment or decree entered before any testimony has been taken, shall estop defendant from denial of any matters established in such proceeding, in any action or proceeding brought against such defendant by the state or any person under ORS 646.760, 646.770 or 646.780, to the extent such judgment or decree would be an estoppel between the parties thereto with respect to such matters.
(2) A final judgment or decree to the effect that a person has violated ORS 136.617, 646.705 to 646.805 and 646.990 in an action brought by the state under ORS 646.760, 646.770 or 646.780, other than a consent judgment or decree entered before any testimony has been taken which specifically provides therein that this subsection shall not be applicable, shall estop defendant from denial of any matters established in such action, in any other action against the defendant under ORS 646.770 or 646.780, to the extent such judgment or decree would be an estoppel between the parties thereto with respect to such matters. [1975 c.255 §11]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.815 - Criminal prosecutions; compromise of criminal charges.

Exclusive jurisdiction for criminal prosecution of any violation of ORS 646.725 or 646.730 is vested in the Attorney General. At any time, the Attorney General may receive and respond to an offer to compromise pending or potential criminal charges and any other related claims for relief under ORS 646.760, 646.770, 646.775 or 646.780. [1975 c.255 §16(2),(3); 1999 c.552 §1; 2023 c.103 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.821 - Taking testimony for investigative demand.

The oral testimony of any person taken pursuant to a demand served under ORS 646.750 shall be taken in the county in which such person resides, is found or transacts business, or in such other place as may be agreed upon. [1977 c.729 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.823 - Attendance of Attorney General at grand jury proceedings.

Notwithstanding ORS 132.090 (1) the Attorney General may attend grand jury proceedings, advise it in relation to its duties, subpoena and examine witnesses and prepare such indictments or presentments as it requires in investigations of violations of ORS 646.725 or 646.730. [1977 c.729 §7]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.826 - Counsel for persons testifying; grounds for refusing to answer questions; compelling testimony; exclusion of spectators.

(1) Any person compelled to appear under a demand for oral testimony pursuant to ORS 646.750 may be accompanied, represented and advised by counsel with respect to any questions asked of such person. Such advice may be given in confidence.
(2) Such person may refuse to answer any question on grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person shall not otherwise refuse to answer any question.
(3) If such person refuses to answer any question on grounds of the privilege against self-incrimination, the testimony of the person may be compelled by the same procedure as provided in ORS 136.617.
(4) The antitrust investigator or investigators conducting the examination shall exclude from the place where examination is held all other persons except the person being examined, the counsel of the person, the officer before whom the testimony is to be taken and any stenographer taking the testimony. [1977 c.729 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.831 - Fees and mileage for persons testifying.

Any person appearing for oral examination pursuant to a demand served under ORS 646.750 shall be entitled to the fees and mileage provided for witnesses in ORS 44.415 (2). [1977 c.729 §5; 1989 c.980 §16]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.836 - Confidential status of investigative material; permitted disclosures; use of information in other proceedings; return of investigative material.

(1) While in the possession of the Attorney General any documentary material, answers to interrogatories and transcripts of oral testimony shall be held in confidence and not disclosed to any person except:
(a) The person providing such material or answers;
(b) The representative or attorney of the person providing the material or answers;
(c) Persons employed by the Attorney General;
(d) Officials of the United States or any state who are authorized to enforce federal or state antitrust laws, provided that prior to such disclosure the Attorney General shall obtain the written agreement of such officials to abide by the confidentiality restriction of this section; and
(e) Other persons authorized in subsection (2) of this section.
(2) Any such material or answers may be used in any investigation conducted pursuant to ORS 646.705 to 646.826 or in any case or proceeding before a court or administrative agency, or may be disclosed to any committee or subcommittee of the Legislative Assembly in such manner and for such purposes as the Attorney General deems appropriate.
(3) Upon completion of a case brought under this section, the Attorney General shall return any such documents, answers and transcripts which have not passed into the control of the court through the introduction thereof into the records, to the person who provided such documents, answers or testimony upon the person’s request in writing. If no case in which such material may be used has been commenced within a reasonable time after completion of the examination or analysis of all documentary material, but in no event later than four years after production thereof, the Attorney General shall, upon written request of the person who produced such material, return all documents, answers and transcripts to the person who provided them. [1977 c.729 §6; 1987 c.500 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.877

[1999 c.669 §§1,2; 2003 c.486 §1; 2003 c.655 §83; 2007 c.382 §2; renumbered 646A.090 in 2007]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.881 - Definitions for ORS 646.881 to 646.885.

As used in ORS 646.881 to 646.885, unless the context requires otherwise:
(1) "Advertisement" means any oral, written or graphic statement or representation made in connection with the solicitation of business in any manner by a seller and includes, but is not limited to, statements and representations made in any newspaper or other publication, on radio or television, or printed in any catalog, circular, or any other sales literature or brochure, any billboard, or any banner or sign visible from a street or highway adjacent to the seller’s place of business.
(2) "Price comparison" means the direct or indirect comparison in any advertisement whether or not expressed wholly or in part in dollars, cents, fractions or percentages of a seller’s current price for a product with any other price or statement of value, whether or not such price is actually stated in the advertisement. "Price comparison" includes any price reduction claim or savings claim which a seller makes with respect to the seller’s current price for any product. [1987 c.626 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.883 - Price comparison in advertisement prohibited; exceptions.

It shall be unlawful for a seller to include a price comparison in an advertisement unless:
(1) The seller clearly and conspicuously identifies in the advertisement the origin of the price that the seller is comparing to the seller’s current price. The origin of the price that the seller is comparing to the seller’s current price includes but is not limited to the seller’s former selling price, a manufacturer’s list price or a competitor’s price for the same real estate, goods or services.
(2) The price comparison is in compliance with ORS 646.608 (1)(j) and the rules adopted under ORS 646.608 (4) and compliance is established based on facts provable by the seller. [1987 c.626 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.885 - Use of terms in advertisement containing price comparison.

(1) The use of terms such as "regular," "reduced," "sale," "usually," "originally," "clearance," "liquidation" and "formerly" shall identify the origin of the price that the seller is comparing to the seller’s current price as the seller’s own former price, or in the case of introductory advertisements, the seller’s future price.
(2) Unless the seller states otherwise in the advertisement, use of terms such as "discount," "_____ percent discount," "$_____ discount," "_____ percent off" and "$_____ off" shall be considered to identify the origin of the price that the seller is comparing to the seller’s current price as the seller’s former price, or in the case of introductory advertisements, the seller’s future price. [1987 c.626 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.905 - Definitions for ORS 646.910 to 646.923.

As used in ORS 646.910 to 646.923:
(1) "Alcohol" means a volatile flammable liquid having the general formula C
n
H(2n+1)OH used or sold for the purpose of blending or mixing with gasoline for use in propelling motor vehicles, and commonly or commercially known or sold as an alcohol, and includes ethanol or methanol.
(2) "Biodiesel" means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats or other nonpetroleum resources, not including palm oil, designated as B100 and complying with ASTM D 6751.
(3) "Certificate of analysis" means:
(a) A document verifying that B100 biodiesel has been analyzed and complies with ASTM D 6751 biodiesel fuel test methods and specifications; and
(b) Certification of feedstock origination describing the percent of the feedstock sourced outside of the states of Oregon, Washington, Idaho and Montana.
(4) "Co-solvent" means an alcohol other than methanol which is blended with either methanol or ethanol or both to minimize phase separation in gasoline.
(5) "Ethanol" means ethyl alcohol, a flammable liquid having the formula C
2
H
5
OH used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles.
(6) "Gasoline" means any fuel sold for use in spark ignition engines whether leaded or unleaded.
(7) "Methanol" means methyl alcohol, a flammable liquid having the formula CH
3
OH used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles.
(8) "Motor vehicles" means all vehicles, vessels, watercraft, engines, machines or mechanical contrivances that are propelled by internal combustion engines or motors.
(9) "Nonretail dealer" means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is dispensed through a card- or key-activated fuel dispensing device to nonretail customers.
(10) "Other renewable diesel" means a diesel fuel substitute, produced from nonfossil renewable resources, that has an established ASTM standard, is approved by the United States Environmental Protection Agency, meets specifications of the National Conference on Weights and Measures, and complies with standards promulgated under ORS 646.957.
(11) "Retail dealer" means any person who owns, operates, controls or supervises an establishment at which gasoline is sold or offered for sale to the public.
(12) "Wholesale dealer" means any person engaged in the sale of gasoline if the seller knows or has reasonable cause to believe the buyer intends to resell the gasoline in the same or an altered form to another. [1985 c.468 §1; 1997 c.310 §13; 2007 c.739 §10; 2015 c.27 §57; 2015 c.203 §25]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.910 - Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements.

(1) A wholesale dealer or retail dealer may not sell or offer to sell gasoline:
(a) As a fuel for motor vehicles that are operated on a public street or highway unless the gasoline and any additives blended with the gasoline appear on the list of registered fuels and fuel additives that the United States Environmental Protection Agency publishes in accordance with 42 U.S.C. 7545 (section 211 of the Clean Air Act) and 40 C.F.R. Part 79;
(b) That contains methyl tertiary butyl ether (MTBE) in concentrations that exceed 0.15 percent by volume; or
(c) That contains any combination of the following oxygenates in concentrations that exceed one-tenth of one percent, by weight:
(A) Diisopropyl ether (DIPE).
(B) Ethyl tert-butyl ether (ETBE).
(C) Propanol, including all structural isomers.
(D) Tert-amyl methyl ether (TAME).
(E) Tert-amyl alcohol (TAA).
(F) Any other additive that has not been approved by the California Air Resources Board or the United States Environmental Protection Agency.
(2) This section does not prohibit transshipment through this state, or storage incident to the transshipment, of gasoline that does not meet the requirements for wholesale or retail sale set forth in this section if:
(a) The gasoline is used or disposed of outside this state; and
(b) The gasoline is segregated from gasoline intended for use within this state. [1985 c.468 §2(1); 2007 c.739 §20; 2017 c.141 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.911 - Sale of gasoline with oxygenate other than ethanol.

Notwithstanding ORS 646.910, a person may sell, supply or offer to sell or supply gasoline in this state that contains any oxygenate other than ethanol, if the California Air Resources Board, the California Environmental Policy Council or the United States Environmental Protection Agency allows the use of the oxygenate. [2007 c.739 §23]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.915 - Requirement to display on fuel dispensing devices names and concentrations of oxygenates in certain blended gasolines; rules.

The State Department of Agriculture may adopt rules that require a retail dealer or nonretail dealer to display on fuel dispensing devices through which the retail dealer or nonretail dealer sells gasoline the names of the oxygenates and the relative concentrations of the oxygenates present in the gasoline if the retail dealer or nonretail dealer knowingly sells or offers for sale gasoline that is blended with any combination of aliphatic ethers, aliphatic alcohols or other oxygenates that the United States Environmental Protection Agency permits under the agency’s interpretation of the term "substantially similar" in 42 U.S.C. 7545(f)(1)(A) (section 211(f)(1)(A) of the Clean Air Act), or any waivers that the federal agency grants under 42 U.S.C 7545(f)(4). [1985 c.468 §3(1),(2); 1993 c.566 §1; 1997 c.310 §11; 2017 c.141 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.920 - Wholesale dealer; declaration of contents required.

Before or at the time of delivery of gasoline from a wholesale dealer to a retail dealer or nonretail dealer, the wholesale dealer must give the retail dealer or nonretail dealer on an invoice, bill of lading, shipping notice or other documentation, a declaration of the predominant oxygenate or combination of oxygenates present in concentration sufficient to yield an oxygen content of at least 1.5 mass percent in the gasoline. When mixtures of only ethers are present, the wholesale dealer shall identify the predominant oxygenate in the gasoline followed by the phrase "or other ethers." Any gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol. [1985 c.468 §4(1); 1997 c.310 §12]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.922 - Limitations on sale of diesel fuel; requirements for biodiesel content; exception for certain additives and for certain sellers and users; certificate of analysis; rules.

(1) A retail dealer, nonretail dealer or wholesale dealer may not sell or offer for sale diesel fuel unless the diesel fuel contains at least five percent biodiesel by volume or other renewable diesel with at least five percent renewable component by volume. Diesel fuel that contains more than five percent biodiesel by volume or other renewable diesel with more than five percent renewable component by volume must be labeled as the State Department of Agriculture provides by rule.
(2) A retail dealer, nonretail dealer or wholesale dealer may sell or offer for sale diesel fuel that otherwise meets the requirements of subsection (1) of this section and rules adopted pursuant to ORS 646.957 but to which there have been added substances to prevent congealing or gelling of diesel fuel containing biodiesel or other renewable diesel, without violating the requirements of subsection (1) of this section and rules adopted pursuant to ORS 646.957. This subsection applies only to diesel fuel sold or offered for sale during the period from October 1 of any year to February 28 of the following year.
(3) The department shall adopt standards for biodiesel or other renewable diesel sold in this state. The department shall consult the specifications established for biodiesel or other renewable diesel by ASTM International in forming the department’s standards. The department may review specifications adopted by ASTM International, or equivalent organizations, and revise the standards adopted pursuant to this subsection as necessary.
(4) The minimum biodiesel fuel content and renewable component in other renewable diesel requirements under subsection (1) of this section do not apply to diesel fuel sold or offered for sale for use by railroad locomotives, marine engines or home heating or to facilities that store more than 50 gallons of diesel fuel for use in emergency power generation.
(5) All retail dealers, nonretail dealers and wholesale dealers in this state are required to provide, upon the request of the department, a certificate of analysis for biodiesel received. [2007 c.739 §14; 2009 c.752 §§2,3; 2010 c.55 §§2,3,5,6; 2011 c.243 §§2,3; 2013 c.89 §1; 2015 c.203 §26]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.923 - Retention of certificate of analysis; powers of Director of Agriculture; biodiesel testing; rules.

(1) Each biodiesel or other renewable diesel producer, each operator of a biodiesel bulk facility and each person who imports biodiesel or other renewable diesel into this state for sale in this state shall keep for at least one year, at the person’s registered place of business, the certificate of analysis for each batch or production lot of B100 biodiesel sold or delivered in this state.
(2) The Director of Agriculture, or the director’s authorized agent, upon reasonable oral or written notice, may make such examinations of books, papers, records and equipment the director requires to be kept by a biodiesel or other renewable diesel producer, facility operator or importer as may be necessary to carry out the duties of the director under ORS 646.910 to 646.923.
(3) The director, or the director’s authorized agent, may test biodiesel or other renewable diesel for the purpose of inspecting the biodiesel or other renewable diesel of any producer, bulk facility, business or other establishment that sells, offers for sale, distributes, transports, hauls, delivers or stores biodiesel or other renewable diesel that is subsequently sold or offered for sale, for compliance with the motor fuel quality standards adopted pursuant to ORS 646.957.
(4) For the purpose of ensuring the quality of B100 biodiesel, the director, or the director’s authorized agent, may obtain, at no cost to the department and as often as deemed necessary, a representative sample of B100 biodiesel from any producer, bulk facility, business or other establishment that sells, offers for sale, distributes, transports, hauls, delivers or stores biodiesel. The State Department of Agriculture shall adopt rules establishing the number of samples to be tested. The entire cost of transportation and testing of the samples shall be the responsibility of and invoiced directly to the business from which the sample was obtained. [2007 c.739 §15]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.925 - Enforcement; rules.

The State Department of Agriculture shall enforce the provisions of ORS 646.910 to 646.923 and is authorized to make any rules necessary to carry out the provisions of ORS 646.910 to 646.923 in accordance with the applicable provisions of ORS chapter 183. [1985 c.468 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.930 - Motor vehicle fuel prices; requirements for display.

(1) A person who operates a service station, business or other place for the purpose of retailing and delivering gasoline, diesel or other fuel into the tanks of motor vehicles:
(a) May display on a sign visible from the street the lowest cash prices charged for the sale of the lowest grades of gasoline, diesel or other fuel.
(b) If a sign is displayed under paragraph (a) of this subsection, shall display on a sign visible at or near any dispensing device all prices charged for the sale of all grades of gasoline, diesel or other fuel offered for sale.
(2) The following apply to a sign displaying prices under this section:
(a) The price per unit of measurement and the unit of measurement for a particular kind of fuel must be the same on the sign as on any dispensing device used for delivering that kind of fuel into the tanks of motor vehicles.
(b) If a cash price displayed on a sign is available only under some conditions, the sign and the dispensing device must clearly state the conditions.
(c) If a price displayed on a sign is available only in a certain area of the service station or business, the area where the price displayed is available must be clearly identified.
(3) A person who displays a cash price that is available only under some conditions may not require, as a condition of buying fuel at the displayed price, that the buyer fill the fuel tank of the buyer’s vehicle. [Formerly 646.875; 2010 c.19 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.932 - Requirement to post amount per gallon of gasoline that is federal, state and local tax; option to disclose cost per gallon of low carbon fuel standard; information from Department of Transportation and State Department of Agriculture; rules.

(1) As used in this section, "gas station" includes a filling station, service station, garage or any other place where gasoline is sold for use in motor vehicles.
(2) The owner or operator of a gas station shall post, in a manner visible to customers, the following information:
(a) The amount of the price per gallon that is federal tax;
(b) The amount of the price per gallon that is state tax;
(c) The amount of the price per gallon that is local tax; and
(d) The total amount of federal, state and local taxes per gallon.
(3) The Department of Transportation shall furnish the information described in subsection (2) of this section to each gas station in this state.
(4) The owner or operator of a gas station may disclose to customers the cost, per gallon of gasoline and diesel, of the low carbon fuel standards adopted by rule under ORS 468A.266 after viewing on the Department of Environmental Quality’s website or receiving from the State Department of Agriculture the annual calculations described in ORS 468A.271. An owner or operator that posts the cost per gallon of the low carbon fuel standard shall also post the calculation of the concurrent total greenhouse gas emissions reductions attributable to the low carbon fuel standard. The owner or operator may make the disclosures provided for in this subsection by:
(a) Posting the disclosures on a gasoline pump in a manner that is visible to customers;
(b) Printing the disclosures on a receipt that the owner or operator provides to a customer; or
(c) Otherwise displaying the disclosures near the point of payment or another location that is visible to customers.
(5) The State Department of Agriculture shall adopt rules governing the implementation and enforcement of this section consistent with ORS 183.745. [1999 c.957 §8; 2017 c.437 §1; 2017 c.750 §171]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.935 - Diesel fuel sales; price discrimination.

(1) No person operating a service station selling to the public at retail diesel fuel, where delivery is regularly made into a receptacle on a vehicle from which receptacle the fuel is supplied to propel the vehicle, shall refuse to sell and deliver any quantity of such fuel to any vehicle during regular business hours, upon demand and tender of the posted price plus any applicable tax for such fuel delivered, subject to a rationing policy established by state or federal statute or regulation.
(2) A price differential or method of delivery designed to discriminate against or discourage purchases by vehicles of small fuel capacity is prohibited. However, a reasonable discount or differential based upon quantity of delivery shall not be considered discriminatory. [Formerly 646.880]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.945 - Definitions for ORS 646.947 to 646.963.

As used in ORS 646.947 to 646.963:
(1) "Bulk facility" means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground and aboveground tanks, connected or separate, from which motor vehicle fuels are withdrawn from bulk and delivered to retail, wholesale or nonretail facilities or into a cargo tank or barge used to transport those products.
(2) "Dealer" means any motor vehicle fuel retail dealer, nonretail dealer or wholesale dealer.
(3) "Director" means the Director of Agriculture.
(4) "Motor vehicle fuel" means gasoline, diesel or any other liquid product used for the generation of power in an internal combustion engine, except aviation jet fuels, liquefied petroleum or natural gases.
(5) "Nonretail dealer" means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is dispensed through a card- or key-activated fuel dispensing device to nonretail customers.
(6) "Octane rating" means the rating of the anti-knock characteristics of a grade or type of gasoline determined by dividing by two the sum of the research octane number and the motor octane number.
(7) "Octane rating certification documentation" means an invoice, bill of lading, delivery ticket, letter or other documentation that specifies the actual octane rating or a rounded rating that is the largest whole number or half of a number that is less than or equal to the number determined by or certified to the person transferring the gasoline.
(8) "Retail dealer" means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is sold or offered for sale to the public.
(9) "Wholesale dealer" means any person who sells motor vehicle fuel if the seller knows or has reasonable cause to believe that the buyer intends to resell the motor vehicle fuel in the same or an altered form to a retail dealer, a nonretail dealer or another wholesale dealer.
(10) "Withdrawn from bulk" means removed from a bulk facility for delivery directly into a cargo tank or a barge to be transported to a location other than another bulk facility for use or sale in this state. [1997 c.310 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.947 - Prohibited activities.

Notwithstanding any other provision of ORS 646.947 to 646.963, it is unlawful for:
(1) A dealer to sell or offer for sale any motor vehicle fuel using procedures that violate any rule or standard adopted pursuant to ORS 646.957.
(2) A dealer to sell or offer for sale any gasoline from a dispensing device that does not have a sign displayed, on both sides of the device, that accurately identifies the octane rating of the gasoline being dispensed from that device pursuant to ORS 646.949.
(3) A wholesale dealer to deliver gasoline to a retail dealer or nonretail dealer without giving to the retail dealer or nonretail dealer octane rating certification documentation for the gasoline being delivered. [1997 c.310 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.949 - Signs identifying octane rating.

(1) A dealer who sells or offers for sale any gasoline shall conspicuously display a sign on each side of the dispensing device, using descriptive commercial terms that accurately identify the octane rating of the gasoline being dispensed from that device. The sign shall be of such size and design and shall be posted in such a manner as the Director of Agriculture determines will adequately inform the purchaser of the octane rating of the gasoline.
(2) Rules adopted pursuant to this section shall conform, to the greatest extent practicable, to rules of the Federal Trade Commission regarding automotive fuel rating certification and posting. [1997 c.310 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.951 - Testing of motor vehicle fuel.

(1) The Director of Agriculture may test motor vehicle fuel for the purpose of inspecting the motor vehicle fuel supply of any service station, business or other establishment that sells or offers for sale, or distributes, transports, hauls, delivers or stores motor vehicle fuel that is subsequently sold or offered for sale, for compliance with the motor vehicle fuel quality standards adopted pursuant to ORS 646.957.
(2) The director or the director’s authorized agent shall have access during normal business hours to all places where motor vehicle fuel is sold to or by a retail dealer, nonretail dealer or wholesale dealer for the purpose of examination, inspection and investigation of the establishment’s motor vehicle fuel supply, shall collect or cause to be collected samples of the motor vehicle fuel and shall test or analyze the samples for compliance with motor vehicle fuel quality standards adopted pursuant to ORS 646.957.
(3) Before taking any enforcement action under ORS 646.953 or 646.963, the director shall cause motor vehicle fuel samples to be tested in accordance with standards, reproducibility limits and procedures that are, in the director’s judgment, consistent with ASTM International standards and procedures.
(4) The director or the director’s authorized agent shall notify the owner or person in charge of the facility of the sample collection as soon as is practicable after a sample is taken. The volume of the sample taken for testing must be adequate for the tests to be performed and to allow for a portion of the sample to be retained for subsequent testing, if the need arises. A sample with a test result that is outside the test reproducibility limits, when compared to the applicable limits, shall be properly stored to preserve the sample for at least 90 days. [1997 c.310 §4; 2013 c.1 §83]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.953 - Orders of Director of Agriculture.

(1) The Director of Agriculture may issue a stop-use order, hold order or removal order for any motor vehicle fuel offered or exposed for sale, or in the process of delivery or susceptible to commercial use, that is found to be not in compliance with the motor vehicle fuel quality standards adopted pursuant to ORS 646.957. The director may rescind the stop-use order, hold order or removal order if the fuel is brought into full compliance with motor vehicle fuel quality standards.
(2) No person shall use, remove from the premises specified or fail to remove from the premises specified any motor vehicle fuel in a manner contrary to the terms of a stop-use order, hold order or removal order issued under authority of this section. [1997 c.310 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.955 - Records required.

(1) Each operator of a bulk facility and each person who imports motor vehicle fuels into this state for sale in this state shall keep, for at least one year, at the person’s registered place of business complete and accurate records of any motor vehicle fuels sold if sold or delivered in this state, for purposes of showing compliance with ORS 646.947 to 646.963.
(2) The Director of Agriculture, upon reasonable oral or written notice, may make such examinations of the books, papers, records and equipment required to be kept under this section as may be necessary to carry out the provisions of ORS 646.947 to 646.963.
(3) Retail dealers and nonretail dealers shall maintain at their facilities the octane rating certification documentation for the three most recent deliveries to the facility for each grade of gasoline sold or offered for sale. [1997 c.310 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.957 - Rules.

(1) In accordance with any applicable provision of ORS chapter 183, the Director of Agriculture, not later than December 1, 1997, shall adopt rules to carry out the provisions of ORS 646.947 to 646.963. Such rules may include, but are not limited to, motor vehicle fuel grade advertising, pump grade labeling, testing procedures, quality standards and identification requirements for motor vehicle fuels and ethanol, biodiesel and other renewable diesel, as those terms are defined in ORS 646.905. Rules adopted by the director under this section shall be consistent, to the extent the director considers appropriate, with the most recent standards adopted by ASTM International. As standards of ASTM International are revised, the director shall revise the rules in a manner consistent with the revisions unless the director determines that those revised rules will significantly interfere with the director’s ability to carry out the provisions of ORS 646.947 to 646.963. Rules adopted pursuant to this section must adequately protect confidential business information and trade secrets that the director or the director’s authorized agent may discover when inspecting books, papers and records pursuant to ORS 646.955.
(2) Testing requirements, specifications and frequency of testing for each production lot of biodiesel, biodiesel blend or other renewable diesel produced in or brought into this state shall be defined by the director by rule. [1997 c.310 §8; 2007 c.739 §11; 2013 c.1 §84]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.959 - Annual fee for metering instrument or device.

(1)(a) In addition to and not in lieu of the license fee required by ORS 618.141, each dealer that operates a metering instrument or device, other than a remote readout device, that is required to be licensed by ORS 618.121 and that is operated for measuring motor vehicle fuel shall pay to the State Department of Agriculture an annual fee for each instrument or device in accordance with the schedule set forth in paragraph (b) of this subsection. The dealer shall pay the fee required by this section at the same time that the dealer pays the licensing fee for the instrument or measuring device.
(b) A dealer shall pay the fee described in paragraph (a) of this subsection according to the following schedule:
(A) For each annual license period before July 1, 2016, $5.
(B) For the annual license period that begins on July 1, 2016, and ends on June 30, 2017, $6.
(C) For the annual license period that begins on July 1, 2017, and ends on June 30, 2018, $7.
(D) For the annual license period that begins on July 1, 2018, and ends on June 30, 2019, $9.
(E) For each annual license period that begins on and after July 1, 2019, $10.
(2) The department shall pay all moneys the department receives under this section into the Motor Vehicle Fuel Inspection Program Account.
(3) As used in this section, "remote readout device" means a console, cabinet, panel or instrument connected to or associated with a weighing or measuring device that indicates, displays or prints values of weight or measure at a location physically separate from the weighing or measuring device. [1997 c.310 §10; 1999 c.237 §3; 2015 c.448 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.961 - Motor Vehicle Fuel Inspection Program Account.

The Motor Vehicle Fuel Inspection Program Account is created in the Department of Agriculture Service Fund. Notwithstanding any other provision of law, all moneys in the account are appropriated continuously to the State Department of Agriculture for the administration of ORS 646.947 to 646.963. [1997 c.310 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.963 - Civil penalties.

(1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty as provided in subsection (2) of this section on any person who violates any provision of ORS 646.947, 646.949 or 646.953, rules adopted under ORS 646.957 or orders issued under ORS 646.953.
(2) The director may impose civil penalties for violations described in subsection (1) of this section that are:
(a) Not more than $500 for a first violation.
(b) Not more than $2,500 for a second violation within two years from the date of the first violation.
(c) Not more than $10,000 for a third violation within two years from the date of the first violation.
(3) In addition to any other liability or penalty provided by law, the director may impose a civil penalty on any person who violates any provision of ORS 646.932 as follows:
(a) A notice of noncompliance for a first violation.
(b) A notice of violation for a second violation.
(c) Not more than $50 for a third violation.
(d) Not more than $100 for any violation after a third violation.
(4) In imposing a penalty under subsection (2) or (3) of this section, the director shall consider the following factors:
(a) The gravity of the violation.
(b) The scope of the violation.
(c) The past history of the person incurring the penalty.
(d) In the case of a penalty to be imposed on a retail dealer or nonretail dealer, the degree of knowledge by the dealer of the violation.
(5) Any monetary civil penalty under this section shall be imposed in the manner provided by ORS 183.745.
(6) Monetary civil penalties collected under this section shall be deposited into the Motor Vehicle Fuel Inspection Program Account. [1997 c.310 §7; 2017 c.437 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646 - Trade Practices and Antitrust Regulation › Section 646.990 - Penalties.

(1) A person, firm or corporation, whether acting as principal, agent, officer or director, commits a Class B misdemeanor for each violation of a provision of ORS 646.010 to 646.180.
(2) Violation of ORS 646.725 or 646.730 is a Class B felony.
(3) Violation of ORS 646.910 is a Class D violation.
(4) Violation of a rule that the State Department of Agriculture adopts under ORS 646.915 is a Class D violation.
(5) Violation of ORS 646.920 is a Class D violation.
(6) A person that violates ORS 646.930 commits a Class C misdemeanor. [Amended by 1953 c.391 §2; 1967 c.144 §2; 1967 c.599 §4; subsection (8) enacted as 1969 c.395 §2; 1971 c.744 §24; 1975 c.255 §15; subsection (4) enacted as 1975 c.255 §16 (1); 1985 c.251 §28; subsection (4) enacted as 1985 c.468 §2 (2); subsection (5) enacted as 1985 c.468 §3 (3); subsection (6) enacted as 1985 c.468 §4 (2); subsection (7) enacted as 1985 c.751 §1 (4); subsection (3) enacted as 1987 c.888 §5; 1999 c.1051 §213; 2011 c.597 §258; 2017 c.141 §4; 2023 c.103 §7]