reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.021 - Duties of director.

The Director of Agriculture shall:
(1) Maintain custody of the state standards of weight and measure and of the other standards and equipment provided for by ORS 618.010 to 618.246;
(2) Keep accurate records of all standards and equipment;
(3) Exercise general supervision over the weights and measures sold or offered for sale or in use in this state; and
(4) Report to the Governor annually, and at such other times as the Governor may require, on all of the activities of the director in carrying out ORS 618.010 to 618.246. [1973 c.293 §5; 2005 c.22 §415]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.026 - Delegation of duties and powers of department and director.

Except for rulemaking, the duties and powers of the State Department of Agriculture and the Director of Agriculture pursuant to ORS 618.010 to 618.246 may be delegated at the discretion of the director. [1973 c.293 §14; 2005 c.22 §416]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.031 - Rulemaking authority.

(1) The State Department of Agriculture is authorized to make any rules necessary to carry out ORS 618.010 to 618.246, but in making such rules the department shall consider so far as is practicable and desirable the requirements established by other states and by authority of the United States. Such rules shall govern the use or application of weights and measures and weights and measures transactions in this state.
(2) Such rules may:
(a) Establish standards of net weight, measure or count, and reasonable standards of fill for any commodity in package form;
(b) Establish procedures governing the technical and reporting activities to be followed, and prescribe report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their duties;
(c) Prescribe exemptions for weights and measures from the sealing, labeling or marking requirements of ORS 618.010 to 618.246;
(d) Establish procedures governing the voluntary registration of commercial weighing and measuring device service persons and service agencies;
(e) Establish schedules of fees for licensing commercial weighing and measuring devices and for testing or certification;
(f) Prescribe specifications relating to the advertising, labeling, dispensing and selling of commodities in bulk form to or by retail outlets reasonably necessary for the protection of purchasers thereof;
(g) Establish guidelines to ensure that amounts of commodities or services sold or offered for sale are represented accurately and informatively to all interested parties; and
(h) Prescribe specifications, tolerances and other technical requirements for weights and measures so as to eliminate from use weights and measures:
(A) That are not accurate;
(B) That are of such construction that they are faulty, in that they are not reasonably permanent in their adjustment or will not repeat their indications correctly; or
(C) That facilitate the perpetration of deceit or misrepresentation.
(3) Nothing in subsection (2) of this section is intended to limit the authority of the department to make any other rules necessary to carry out ORS 618.010 to 618.246. [1973 c.293 §6; 1975 c.615 §2; 1977 c.132 §4; 2011 c.9 §80]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.036 - Establishing weights and measures system; use of federal system.

The State Department of Agriculture may utilize, for all commercial purposes in this state, either that system of weights and measures customarily used in the United States or the metric system of weights and measures. In prescribing the basic units of weight and measure, tables of weight and measure, weight and measure equivalents, specifications, tolerances and other technical requirements for commercial weighing and measuring devices, the department shall recognize those published by the National Institute of Standards and Technology, and they shall be applicable to weighing and measuring equipment and transactions in this state. [1973 c.293 §15; 2003 c.14 §367]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.041 - Standards for weights and measures system; security of state primary standard.

(1) Standards of weight and measure that are traceable to the United States prototype standards and that are supplied by the federal government or that are otherwise approved as being satisfactory by the National Institute of Standards and Technology shall be the state’s primary standards of weight and measure.
(2) The state primary standards shall be kept in a safe and suitable place in the metrology laboratory of the office of weights and measures, and shall not be removed from the laboratory except for repairs or for calibration as may be prescribed by the National Institute of Standards and Technology. [1973 c.293 §16; 2003 c.14 §368]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.046 - Secondary standards; verification of accuracy.

The state shall supply secondary standards and such other equipment as is necessary to carry out ORS 618.010 to 618.246. Such standards shall be verified, by comparison with the state primary standards prescribed in ORS 618.041, upon their initial receipt and thereafter as often as the State Department of Agriculture considers necessary. [1973 c.293 §17; 2005 c.22 §417]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.051 - Specifications and tolerances of commercial weights and measures; consideration of federal requirements; status of nonconforming weights and measures; rules.

The State Department of Agriculture by rule shall prescribe the specifications, tolerances and other technical requirements applicable to commercial weights and measures within this state. In so doing the department shall take cognizance of those uniform requirements recommended by the National Institute of Standards and Technology and published in appropriate National Institute of Standards and Technology handbooks and supplements thereto. For the purposes of ORS 618.010 to 618.246, weights and measures are correct when in conformance with all applicable sections of ORS 618.010 to 618.246 and rules promulgated pursuant thereto. All other weights and measures are incorrect. [1973 c.293 §18; 2003 c.14 §369; 2005 c.22 §418]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.056 - Testing and inspecting weights and measures offered for sale or used commercially; rules.

The State Department of Agriculture may inspect and test, to ascertain if they are correct, all weights and measures sold, offered or exposed for sale. The department may, as often as it considers necessary, cause to be inspected and tested, to ascertain if they are correct, all weights and measures commercially used for one or more of the following purposes:
(1) Determining the weight, measurement or count of commodities or things sold, offered or exposed for sale, on the basis of weight, measure or count.
(2) Computing the basic charge or payment for services rendered on the basis of weight, measure or count. However, the department by rule may provide for tests to be made on representative samples of such devices. The lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspection and tests on such samples.
(3) Determining quantities or amounts when a charge is made for such determination. However, in the case of single-service devices designed to be used commercially only once and to be then discarded, or devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, the inspection and testing of each individual device is not required and the inspecting and testing requirements of this section will be satisfied when inspections and tests are made on representative samples of such devices. The lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such samples. [1973 c.293 §8; 1977 c.132 §5; 2005 c.22 §419]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.061 - Testing weights and measures at institutions supported by state funds.

The State Department of Agriculture shall, from time to time, test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the Legislative Assembly, and report its findings in writing to the supervisory board or to the executive officer of the institution concerned. [1973 c.293 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.066 - Department investigation of alleged weights and measures law violations; exempt devices.

(1) The State Department of Agriculture shall investigate complaints made to it concerning violations of ORS 618.010 to 618.246 and, upon its own initiative, shall conduct such investigations as it considers appropriate to develop information relating to prevailing procedures in commercial quantity determination and relating to possible violations of ORS 618.010 to 618.246, and in order to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.
(2) ORS 618.010 to 618.246 do not apply to meters for the measurement of electricity, gas or water when operated in a system of a public utility, as defined in ORS 757.005, or to any associated appliances or accessories. [1973 c.293 §9; 2005 c.22 §420; 2007 c.71 §187]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.071 - Inspection and investigation authority of department; written notices for minor violations.

When necessary for the enforcement of ORS 618.010 to 618.246, or rules promulgated pursuant thereto, the State Department of Agriculture is:
(1) Authorized to enter during normal business hours any premises, including buildings or mobile facilities, where commercial transactions are conducted, commodities are located, or weights and measures are employed. If such premises are not open to the public, a department representative shall first present the credentials of the representative and obtain consent before making entry thereto. If such entry is denied, the department may apply for a search warrant from any person authorized to issue search warrants.
(2) Empowered to stop any commercial vehicle and, after presentment of credentials, require the person in charge to move the vehicle to a designated place for inspection on probable cause that a violation of ORS 618.010 to 618.246 has occurred or is occurring.
(3) Authorized, in the public interest, to issue written notices or warnings to violators for minor infractions of ORS 618.010 to 618.246 in lieu of referring the matter to the district attorney. [1973 c.293 §13; 1999 c.59 §183; 2005 c.22 §421]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.076 - Approving use of weights and measures; use of certain terms describing condition of equipment; seizure and destruction of nonconforming equipment.

(1) The State Department of Agriculture shall approve for use such weights and measures as it finds upon inspection and test to be correct, as provided in ORS 618.051, and shall reject such weights and measures as it finds upon inspection or test to be incorrect, as provided in ORS 618.051, but which in its best judgment are susceptible of satisfactory repair.
(2) In carrying out this section and pursuant to ORS 618.031, the department may use such terms as "rejected," "illegal," "incorrect," "condemned," "correct," "tested," "approved," "certified" or terms of similar import on marks or tags or certificates necessary to convey to all interested parties the condition or status of the device or apparatus so marked or tagged.
(3) In accordance with ORS 561.605 to 561.630, the department may condemn, seize and destroy incorrect weights and measures that are not susceptible of satisfactory repair. Similarly, weights and measures that have been rejected may also be seized, confiscated and destroyed by the department if such are not corrected as required by ORS 618.081, or if such weights and measures are used or disposed of contrary to the requirements of ORS 618.081. [1973 c.293 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.081 - Owners of weights and measures required to correct deficiencies; reexamination of incorrect weights and measures prior to use.

The owner of weights and measures rejected pursuant to ORS 618.076 shall cause such weights and measures to be made correct within the time specified by the State Department of Agriculture or may dispose of such weights and measures in such manner as is authorized by the department. Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined by the department and found to be correct, or approval for use is given by the department, or the rejection tag has been removed and the rejected device repaired and placed in service by a person or firm so authorized by the department. [1973 c.293 §20]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.086 - Orders restricting distribution of weights and measures.

(1) The State Department of Agriculture is authorized to issue stop-use orders, hold orders and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue hold orders and removal orders with respect to packages or amounts of commodities sold, offered or exposed for sale, or in process of delivery, whenever in the course of its enforcement of ORS 618.010 to 618.246 it is considered necessary.
(2) No person shall use, remove from the premises or vehicles specified, or fail to remove from the premises or vehicles specified, any weight, measure or package or amount of commodity contrary to the terms of a stop-use order, hold order or removal order issued under the authority of this section. [1973 c.293 §11; 2005 c.22 §422]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.091 - Security seal to be attached to weights and measures devices.

A security seal shall be affixed to any adjustment mechanism, readout compensator, primary indicator, or retainer to prevent removal of a measurement element, in such manner as the State Department of Agriculture by rule may prescribe, on all commercial weights and measures. [1973 c.293 §19]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.096 - Prohibited acts involving commercial weights and measures.

No person shall:
(1) Use, or have in the possession of the person for the purpose of using for any commercial purpose specified in ORS 618.056, sell, offer or expose for sale or hire, or have in the possession of the person for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used or intended for use to falsify any weight or measure.
(2) Use, or have in the possession of the person for the purpose of current use for any commercial purpose specified in ORS 618.056, a weight or measure that does not bear a seal or mark such as is specified in ORS 618.076 unless such weight or measure has been exempted from testing by ORS 618.056 or by a rule of the State Department of Agriculture or unless the device has been placed in service as provided by rule of the department.
(3) Dispose of any rejected or condemned weight or measure in a manner contrary to ORS 618.010 to 618.246 or rules promulgated pursuant thereto.
(4) Remove, alter or deface any security seal, tag, seal or mark placed on any weight or measure by the department.
(5) Sell, offer or expose for sale, less than the quantity the person represents of any commodity, thing or service.
(6) Take more than the quantity the person represents of any commodity, thing or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined.
(7) Keep for the purpose of sale, advertise, sell, offer or expose for sale, any commodity, thing or service in a condition or manner contrary to ORS 618.010 to 618.246 or rules promulgated pursuant thereto.
(8) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from a reasonable customer position.
(9) Violate any other provision of ORS 618.010 to 618.246 or rules promulgated pursuant thereto. [1973 c.293 §50; 2005 c.22 §423]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.101 - Evidentiary presumptions regarding weights and measures law.

For the purposes of ORS 618.010 to 618.246, proof of the existence of a weight or measure or a weighing or measuring instrument or device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on is presumptive proof of the regular use of such weight or measure or weighing or measuring instrument or device for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle. [1973 c.293 §51; 2005 c.22 §424]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.115 - Voluntary inspection of weighing or measuring instruments; fees.

In addition to the authority otherwise granted to the State Department of Agriculture to inspect and test weighing or measuring instruments or devices, the department may, at the request of an owner or user thereof, inspect and test weighing or measuring instruments or devices to ascertain if they are correct. As authorized by ORS 618.031 (2)(e), the department may establish fees for performing the services and the person requesting the services shall pay the established fees to the department. [1977 c.132 §2]
Note:
618.115 was added to and made a part of ORS chapter 618 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.121 - License required for commercially operated weighing or measuring instrument; scope of license.

No person shall operate or use for commercial purposes within the state any weighing or measuring instrument or device specified in ORS 618.141 that is not licensed in accordance with the requirements of ORS 618.010 to 618.246 unless exempted as provided in ORS 618.126. Any license issued under ORS 618.010 to 618.246 applies only to the instrument or device specified in the license. However, the State Department of Agriculture may permit such license to be applicable to a replacement for the original instrument or device. [1973 c.293 §30; 2005 c.22 §425]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.126 - Exemptions from licensing requirement.

Commercial weighing or measuring instruments or devices specified in ORS 618.141 are exempt from the licensing requirements in ORS 618.121 if any of the following apply:
(1) Ownership and use of the instrument or device is limited to federal, state or local government agencies in the performance of official functions.
(2) The instrument or device is of a readily portable type, not intended for use within the state in excess of 30 days annually, and for which proof exists of satisfactory examination within the immediately preceding six months by a state or local weights and measures authority. [1973 c.293 §31; 1989 c.405 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.131 - Weights and measures licenses in addition to other licenses; effect of conflicting laws.

(1) The licenses required by ORS 618.010 to 618.246 are in addition to any other licenses required by law.
(2) If ORS 618.010 to 618.246 and 618.991 are in conflict with any other statutes, ordinances or regulations, the provisions of ORS 618.010 to 618.246 and 618.991 take precedence. [1973 c.293 §53; 2005 c.22 §426]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.141 - Maximum license fees.

The license fees established pursuant to ORS 618.136 for commercial weighing or measuring instruments or devices may not exceed the following:
______________________________________________________________________________
Discrete Weighing Devices Maximum
(Manufacturer’s rated capacity) Fee
Not over 400 pounds $ 49
Over 400 pounds,
but not over 1,160 pounds $ 101
Over 1,160 pounds,
but not over 7,500 pounds $ 205
Over 7,500 pounds,
but not over 60,000 pounds $ 307
Over 60,000 pounds $ 307
Static railroad track scales $ 1,334
Continuous Weighing Systems
Under 10 tons per hour $ 386
10-150 tons per hour $ 600
Over 150 tons per hour, but
not over 1,000 tons per hour $ 1,201
Over 1,000 tons per hour $ 2,668
In-motion railroad track scales $ 1,334
Liquid-Fuel Metering Devices for
Noncorrosive Fuels Contained at
Atmospheric Pressure
Under 20 gallons per minute $ 40
20-150 gallons per minute $ 205
Over 150 gallons per minute $ 307
Special Liquid-Fuel Measuring
Equipment
Liquefied petroleum gas meters
One inch pipe diameter or
under $ 307
Over one inch pipe diameter $ 307
Tanks, under 500 gallons
capacity when used as
measure containers with
or without gage rods or
markers $ 115
Tanks, 500 or more gallons
capacity when used as
measure containers with
or without gage rods or
markers $ 230
______________________________________________________________________________ [1973 c.293 §34; 1977 c.132 §6; 1983 c.210 §1; 1989 c.405 §6; 1991 c.610 §1; 1993 c.122 §1; 1999 c.237 §2; 2007 c.489 §§1,3; 2019 c.385 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.146 - Term of licenses; suspension and revocation of licenses.

(1) All weighing and measuring instrument or device licenses issued under ORS 618.010 to 618.246 expire on June 30 next after the date of issuance or on such date as may be specified by rule of the State Department of Agriculture.
(2) In accordance with the provisions of ORS chapter 183, any license issued under ORS 618.010 to 618.246 may be suspended or revoked by the department if the instrument or device is operated or used contrary to ORS 618.010 to 618.246 or rules promulgated pursuant thereto. [1973 c.293 §33; 2005 c.22 §427; 2007 c.768 §24]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.151 - Commercial use of unlicensed weighing or measuring instrument prohibited.

The owner or person in possession of weighing or measuring instruments or devices for which the license fees have not been paid in the manner required by ORS 618.010 to 618.246 may not use the weighing or measuring instruments or devices for commercial purposes. [1973 c.293 §35; 1979 c.333 §1; 2005 c.22 §428]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.156 - Forms, certificates and identification tags; license application forms.

(1) The State Department of Agriculture shall prescribe such forms, certificates and identification tags as it considers necessary to carry out the licensing provisions of ORS 618.010 to 618.246.
(2) The department shall provide a certificate or other evidence of device license compliance to each person fulfilling the weighing or measuring device licensing requirements of ORS 618.010 to 618.246.
(3) Application for a weights and measures license shall be made upon a form prescribed and furnished by the department and shall contain such information as the department may require. [1973 c.293 §36; 2005 c.22 §429]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.161 - Notice of violation to owner or operator of unlicensed weighing or measuring instrument; tagging or sealing instruments to prevent unauthorized use.

When weighing or measuring instruments or devices specified in ORS 618.141 are in commercial use and a valid license for such instruments or devices has not been procured by the owner or operator thereof, the State Department of Agriculture after giving notice of such requirements to the owner or operator is authorized to prohibit the further commercial use of the unlicensed instruments or devices until the proper license has been issued. The department may employ and attach to the instruments or devices such forms, notices or security seals as it considers necessary to prevent the continued unauthorized use of the instruments or devices. [1973 c.293 §37]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.201 - Sampling of packages and commodities; ordering packages and commodities withheld from sale; disposition after order.

(1) The State Department of Agriculture, as often as necessary to provide adequate protection, shall weigh or measure and inspect packages or amounts of commodities sold, offered or exposed for sale, or in the process of delivery, to determine whether they contain the amounts represented and whether they are sold, offered or exposed for sale in accordance with ORS 618.010 to 618.246. If such packages or amounts of commodities are found not to contain the amounts represented, or are found to be sold, offered or exposed for sale in violation of ORS 618.010 to 618.246, the department may order them withheld from sale and may so mark or tag them.
(2) In carrying out the provisions of this section, the department may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot.
(3) No person shall:
(a) Sell, offer or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered withheld from sale and marked or tagged as provided in this section until such package or amount of commodity has been brought into full compliance with all the requirements of ORS 618.010 to 618.246; or
(b) Otherwise dispose of any package or amount of the commodity that has been ordered withheld from sale and marked or tagged as provided in this section and that has not been brought into compliance with the requirements of ORS 618.010 to 618.246, in any manner, except with the specific approval of the department. [1973 c.293 §10; 2005 c.22 §430]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.206 - Manner of selling commodities; exemptions; rules.

(1) Commodities in liquid form shall be sold only by liquid measure or weight and, except as otherwise provided in ORS 618.010 to 618.246, commodities not in liquid form shall be sold only by weight, measure of length or area, or count. However, liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold.
(2) The provisions of subsection (1) of this section do not apply to:
(a) Commodities sold for immediate consumption on the premises where sold;
(b) Vegetables sold by the head or bunch;
(c) Commodities in containers standardized by the laws of this state or the United States;
(d) Commodities in package form when there exists a general consumer usage to express the quantity in some other manner;
(e) Concrete aggregates, concrete mixtures and loose solid materials such as earth, soil, gravel, crushed stone and like substances sold by cubic measure; or
(f) Unprocessed vegetable and animal fertilizer sold by cubic measure.
(3) The State Department of Agriculture may make such reasonable rules as are necessary to ensure that the amounts of commodity for sale reflect accurate and fair practices. [1973 c.293 §21; 2005 c.22 §431]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.211 - Labeling of packaged commodities; use of labeling terms restricted; scope of rules.

(1) Except as otherwise provided in ORS 618.010 to 618.246 and the rules promulgated pursuant thereto, any commodity in package form introduced, delivered for introduction into or received in intrastate commerce and sold, offered or exposed for sale in intrastate commerce shall bear on the outside of the package definite, plain and conspicuous declarations of:
(a) The identity of the commodity in the package, unless it is visible through the wrapper;
(b) The net quantity of the contents in terms of weight, measure or count; and
(c) In the case of any package sold, offered or exposed for sale in any place other than on the premises where packed, the name and place of business of the manufacturer, packer or distributor, as may be prescribed by rule.
(2) In connection with the requirements of subsection (1)(b) of this section, neither the qualifying term "when packed" or any words of similar import, nor any term qualifying a unit of weight, measure or count such as "jumbo," "giant" or "full" that tends to exaggerate the amount of commodity in a package shall be used.
(3) In connection with the requirements of subsection (1)(b) of this section, the State Department of Agriculture by rule may establish:
(a) Reasonable variations to be allowed, including variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure. However, such variations may not be permitted to the extent that the average of the quantities in the packages comprising a shipment, display or other lot is below the quantity stated, and no unreasonable shortage in any package shall be permitted even though overages in other packages in the same shipment, display or lot compensate for such shortage;
(b) Exemptions for small packages; and
(c) Exemptions for commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer. [1973 c.293 §22; 2005 c.22 §432]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.216 - Cost per unit labeling requirements.

In addition to the declarations required by ORS 618.211, any commodity in package form which is one of a lot containing random weights, measures or counts of the same commodity and which states the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the corresponding price per unit of weight, measure or count in terms consistent with ORS 618.206. [1973 c.293 §23]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.221 - Restriction on manner of packaging commodities; fill of container requirements.

No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may be prescribed for the commodity by the State Department of Agriculture. [1973 c.293 §24]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.226 - Commodity price and quantity advertising requirements; restriction on use of certain advertising terms.

(1) Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the quantity of contents of the package as is required to appear on the package.
(2) If the applicable law requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.
(3) There shall not be included as part of the declaration required under this section such qualifying terms as "when packed," "minimum," "not less than" or any other terms of similar import, nor any term qualifying a unit of weight, measure or count such as "jumbo," "giant" or "full" that tends to exaggerate the amount of commodity in the package. [1973 c.293 §25]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.231 - "Weight" defined; construction of term in sales transactions.

The word "weight" when referring to the quantity of any commodity means net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed. [1973 c.293 §26]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.236 - Price misrepresentation prohibited; expressing fractional prices.

(1) Whenever any commodity or service is sold, offered or exposed for sale, by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser.
(2) Whenever an advertised, posted or labeled price per unit of weight, measure or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of, the numerals representing the whole cents. [1973 c.293 §27]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.241 - Written invoice of certain commodity sales required; contents of writing.

In the case of sales to or by retail outlets including restaurants, hospitals, boarding houses and similar institutions, sales of commodities in bulk form whose value exceeds $10 shall be accompanied by a printed or written delivery ticket or invoice bearing the following information:
(1) Name and address of the vendor and the purchaser.
(2) Date and place of the delivery.
(3) Product identity and net quantity delivered.
(4) Quantity upon which charges are based if different from the delivered quantity by reason of processing customarily performed subsequent to a sale, but prior to delivery to a purchaser. [1973 c.293 §28]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.246 - Sale by weight required for certain food products; labeling requirements.

(1) Except for immediate consumption on the premises where sold, or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all poultry, or parts thereof, meat, meat products, fish and seafood, sold, offered or exposed for sale as food, shall be sold, offered or exposed for sale by weight.
(2) If meat, poultry, fish or seafood is combined with or associated with some other food element to form either a distinctive food product or a food combination, such food product or combination shall be sold, offered or exposed for sale by weight. The quantity representation may be the total weight of the food product or combination and a quantity representation need not be made for each of the several elements of the food product or combination.
(3) In the case of ready-to-cook whole-carcass stuffed poultry, ready-to-cook stuffed poultry roasts, rolls, bars and logs, and ready-to-cook stuffed poultry products designated by terms of similar import, the label must show the total net weight and, in close proximity, the net weight of the poultry exclusive of stuffing ingredients. [1973 c.293 §29]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.275 - Testing and inspection of scales; use without seal prohibited; sealing device; tests and inspection of cars; interstate cooperation.

(1) All railroad track scales within this state used to weigh cars, commodities or freight offered for shipment shall be under the jurisdiction of the Director of Agriculture and subject to inspection by the State Department of Agriculture. The department may also test other track scales.
(2) The department shall, from time to time, test and inspect all such scales. No track scale shall be used in determining weights for the purpose of determining freight charges without first obtaining a seal from the department approving such use.
(3) The department shall approve a suitable sealing device, and cause all track scales inspected under this section to be officially sealed with such device, when such scales are found, or made to be in compliance with the department’s rules.
(4) The department may procure or otherwise secure the use of the car, apparatus or facilities used for tests and inspections as the department may require for the purposes of this section. Such car, apparatus or facilities may be used jointly with another state or states to test track scales and for that purpose may be taken beyond the limits of the state under such terms and conditions agreed upon with such other states. The car and apparatus needed to test track scales shall be transported free by every railroad in this state. [1989 c.405 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.406 - Definitions; citations for certain violations; delegation of authority; service of citations; recording.

(1) As used in this section:
(a) "Deputy state sealer" means the person appointed by the Director of Agriculture to supervise the weights and measures section.
(b) "Inspector" means a state employee designated by the director as a supervisor or inspector of weights and measures.
(2) In enforcing violations subject to penalty under ORS 618.991, the director has authority to issue and serve citations to any person violating such laws.
(3) The director may delegate the powers referred to in subsection (2) of this section to the deputy state sealer and to inspectors. The deputy state sealer and inspectors with authority to serve citations under this section shall issue those citations in the manner provided by ORS chapter 153.
(4) Upon issuance of a citation for a violation subject to penalty under ORS 618.991, the deputy state sealer or inspector issuing the citation shall retain a record copy for the State Department of Agriculture. [1973 c.374 §5; 1999 c.1051 §109; 2005 c.22 §434]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.501 - Definitions.

As used in ORS 618.501 to 618.551 and 618.995, unless the context requires otherwise:
(1) "Appropriate court" means the circuit court of a county:
(a) Where one or more of the defendants reside;
(b) Where one or more of the defendants maintain a principal place of business;
(c) Where one or more of the defendants are alleged to have committed a security seal violation; or
(d) With the defendant’s consent, where the prosecuting officer maintains an office.
(2) "Prosecuting attorney" means the Attorney General or the district attorney of any county in which a security seal violation is alleged to have been committed.
(3) "Security seal" means a lead-and-wire seal or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use.
(4) "Security seal violation" means the use, in violation of this chapter or any rule promulgated pursuant thereto, of any liquid or gaseous metering instrument or device to which a security seal is required to be affixed, when the security seal has been broken or removed.
(5) A "willful violation" occurs when the person committing the violation knew or should have known that the conduct of the person was a violation. [1973 c.294 §2; 2003 c.14 §370; 2005 c.22 §435]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.511 - Remedial power of court.

The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of a security seal violation, or as may be necessary to insure cessation of such violations, pursuant to ORS 618.506. [1973 c.294 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.516 - Civil action by private party; damages; attorney fees and costs; effect of court action; time for commencing action.

(1) Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of a willful security seal violation may bring an individual action in an appropriate court to recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide such equitable relief as it considers necessary or proper.
(2) Upon commencement of any action brought under subsection (1) of this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment in the action, shall mail a copy of such judgment to the Attorney General.
(3) In any action brought by a person under this section, the court may award to the prevailing party reasonable attorney fees at trial and on appeal and costs.
(4) Any permanent injunction or judgment or order of the court made under ORS 618.506 or 618.511 is prima facie evidence, in an action brought under this section, that the respondent committed a security seal violation, but an assurance of voluntary compliance, whether or not approved by the court, shall not be evidence of such violation.
(5) Actions brought under this section shall be commenced within one year from the discovery of the security seal violation. However, whenever any complaint is filed by a prosecuting attorney to prevent, restrain or punish security seal violations, the running of the statute of limitations with respect to every private right of action under this section and based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency thereof. [1973 c.294 §5; 1981 c.897 §71; 1995 c.618 §91; 2003 c.576 §526]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.521 - Investigative demand; petition to modify.

(1) When it appears to the prosecuting attorney that a person has committed or is committing a security seal violation, the attorney may execute in writing and cause to be served an investigative demand upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged violation. The investigative demand shall require such person, under oath or otherwise, to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand or to do any of the foregoing, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce which is the subject matter of the investigation.
(2) 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. [1973 c.294 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.526 - Method of serving investigative demand.

Service of an investigative demand under ORS 618.521 shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made in the following manner:
(1) By personal service outside this state;
(2) By registered or certified mail to the last-known place of business, residence or abode within or outside this state of the person for whom the investigative demand is intended;
(3) In the manner provided for service of summons in an action or suit; or
(4) In accordance with the direction of a court. [1973 c.294 §7; 2015 c.83 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.531 - Effect of failure to obey investigative demand.

(1) If any person after being served with an investigative demand under ORS 618.526, fails to obey an investigative demand issued by the prosecuting attorney, the prosecuting attorney may, after notice, apply to an appropriate court and, after hearing thereon, request an order:
(a) Granting injunctive relief to restrain the person from engaging in the conduct of any activity that is involved in the alleged or suspected violation; or
(b) Granting such other relief as may be required, until the person obeys the investigative demand.
(2) Any disobedience of any final order of a court under this section shall be punished as a contempt of court. [1973 c.294 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.541 - Loss of license for operation in violation of injunction.

Upon petition by the prosecuting attorney, the court may, in its discretion, order suspension or forfeiture of the license for any liquid or gaseous metering instrument or device operated in violation of the terms of any injunction issued under ORS 618.506. [1973 c.294 §10]