reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.080 - Board of trustees; district name change.

(1) After an order is entered forming a district, the county court of the county in which the district is situated shall appoint a governing board of five trustees. Each trustee appointed under this subsection must be a resident and elector of the district.
(2)(a) Except as provided in paragraph (b) of this subsection, the term of office of a trustee is four years, and a trustee shall serve in office until a successor is appointed.
(b) For each new board of trustees established, trustees shall be appointed as follows:
(A) One trustee for a one-year term;
(B) One trustee for a two-year term;
(C) One trustee for a three-year term; and
(D) Two trustees for a four-year term.
(3) Each trustee shall take an oath to faithfully perform the duties of office. The oath shall be filed with the county clerk.
(4) The board of trustees shall elect a president, a secretary and a treasurer at the first meeting of each calendar year. Officers shall serve for one calendar year.
(5) All local public health administrators or their designees with offices in the district shall be ex officio members of the board of trustees without vote and shall be offered the opportunity to assist in the creation of district plans.
(6) The board of trustees may compensate a trustee in an amount not exceeding $100 per year for attendance at conferences that provide training and education to carry out trustee duties under ORS 452.110.
(7) The board of trustees may adopt a resolution to change the name of the district. The board shall file a copy of a resolution changing the name of the district with the Secretary of State and the county clerk within 10 days after adopting the resolution. Following a name change, the district name must contain the words:
(a) Vector control district;
(b) Mosquito and vector control district;
(c) Mosquito control district; or
(d) Vector and predatory animal control district. [Amended by 1959 c.600 §5; 1967 c.215 §1; 1969 c.345 §10; 1971 c.403 §8; 1971 c.727 §136; 2007 c.258 §2; 2021 c.191 §14]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.090 - Filling vacancies; removal.

(1) A vacancy in an office of district trustee shall be filled by appointment by the county court. The appointee shall serve the balance of the unexpired term.
(2) The county court may remove any district trustee from office for cause. [Amended by 1969 c.669 §11]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.100 - Meetings of board.

(1) The board of trustees shall provide for the time and place of holding and the manner of calling its meetings, and may establish rules for the proceedings.
(2) All sessions of the board shall be held within the district.
(3) In all cases a majority of the appointed members of the board shall constitute a quorum for the transaction of business. At any meeting the decision of a majority of the trustees present and voting shall be valid as a corporate act.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.110 - Powers of board; contracts.

The board of trustees of a control district may:
(1) Take all necessary and proper steps and measures for the prevention, control or eradication of public health vectors and vector habitats within the district and for the control of predatory animals within the district, using integrated pest management methods. Prior to taking such measures the board shall consider technical information available to it for the purpose of determining the need for control measures and the need for specific actions.
(2) Enter upon any land, public or private, within the district at any reasonable time to inspect for or to prevent, control or eradicate public health vectors and vector habitats using integrated pest management methods.
(3) Purchase all needed equipment, supplies and materials.
(4) Employ such labor and service as may be proper or necessary in the furtherance of the objects of ORS 452.020 to 452.170.
(5) Employ labor and services and fix the compensation and prescribe the duties of all employees, agents and servants.
(6) Acquire by gift or purchase, hold, manage and dispose of real and personal property in the name of the district in the furtherance of the purposes for which the district is established.
(7) Work cooperatively with irrigation and drainage districts, municipal corporations or other public agencies, and use the technical expertise of the district to assist those agencies in the construction, improvement, repair and maintenance of ditches when such work is necessary for, or incident to, the prevention, control and eradication of predatory animals or public health vectors.
(8) Enter into a contract with a city, county, district described in ORS 198.010 or person to perform, or to act jointly or in cooperation with the city, county, district or person in performing, any abatement practice or other activity that the vector control district is authorized to perform for the eradication, control and prevention of public health vectors and vector habitats or predatory animals.
(9) Generally do all things necessary or incident to the powers granted and to carry out the objectives specified in this section. [Amended by 1959 c.600 §6; 1981 c.640 §1; 1983 c.207 §1; 1987 c.298 §2; 2007 c.258 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.120 - Duties of county court.

The county court shall:
(1) Call special meetings of the board of trustees of the district for the purposes of investigation and supervision of the district’s affairs. At least one meeting shall be called annually for the purpose of reviewing the activities of the district.
(2) Hold hearings of complaints of other interested persons.
(3) Require the board to furnish by February 1 of each year a proposed annual work program which shall include an estimate of funds required for the next year and a description of the work contemplated and the methods to be employed by the district.
(4) Approve, after consultation with the local public health administrators or their designees, the annual work program of the district before any work contracts or operations are entered into by the board.
(5) Require the board to furnish by February 1 of each year an annual report covering moneys expended, methods employed and work accomplished during the past fiscal year. [Amended by 1959 c.600 §7; 1981 c.640 §9; 2021 c.191 §15]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.130 - Payment for cost of vector control; exception.

All work performed under ORS 452.110 shall be paid for by the control district, except when a contract authorized under ORS 452.110 (8) provides otherwise. [Amended by 1983 c.207 §2; 2007 c.258 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.140 - Pesticide use; consent of State Fish and Wildlife Commission.

The board of trustees of a district:
(1) May not apply pesticides to waters in the district that are frequented by waterfowl or that contain any game fish without obtaining annual approval of the State Fish and Wildlife Commission.
(2) May not apply pesticides for public health vectors without first obtaining approval of the State Fish and Wildlife Commission. [Amended by 1959 c.600 §8; 1981 c.640 §2; 2007 c.258 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.145 - Limitation on predatory animal control.

Notwithstanding ORS 452.110:
(1) A vector control district shall not exercise the authority granted by ORS 452.110 relating to the control or eradication of predatory animals unless the electors of the district approve a proposition referred to them by the district board that authorizes the district to assume the function of predatory animal control and eradication.
(2) When authorized to assume the function of predatory animal control and eradication by the electors of the district, a vector control district shall conduct its activities for the control and eradication of predatory animals in accordance with the provisions of ORS chapter 610.
(3) Officers and employees of a vector control district shall not enter upon any private land to inspect for or to control predatory animals unless the owner of the land first grants permission for such entry. [1987 c.298 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.151 - Technical advice.

The board may request technical advice and information from the Oregon State University Agricultural Experiment Station and the Oregon Health Authority regarding methods and chemicals to be used in the control and extermination of rats and public health vectors. [1959 c.600 §10 (enacted in lieu of 452.150); 1981 c.640 §3; 2001 c.104 §189; 2009 c.595 §875]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.153 - Budget; taxing authority; rate limitation.

(1) The board of trustees of any district, annually as provided in this section, may levy a tax on all the property in the district to provide moneys for all purposes required under ORS 452.020 to 452.170 during the next succeeding fiscal year. However, the taxes levied under this section may not exceed two-tenths of one percent (0.002) of the real market value of all taxable property within the district, computed in accordance with ORS 308.207.
(2) Each year, immediately after necessary records are made, the county assessor of the county in which the district is situated shall transmit to the board of trustees a statement in writing, showing the total value of all property within the district as ascertained for that year from the assessment rolls of the county.
(3) The board of trustees shall prepare a budget in the form, manner and time prescribed in the Local Budget Law and in accordance therewith fix the amount of money to be raised by taxation for carrying out its functions and activities. In the manner and time prescribed by law, the board shall transmit to the county assessor a statement of taxes that are to be collected. Assessment and collection of taxes levied on property within the district shall be made by the county officers charged with assessment and collection of other property taxes in the county in which the district is situated. [1965 c.609 §2; 1967 c.205 §1; 1973 c.256 §1; 1981 c.640 §10; 1991 c.459 §407]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.157 - Collection of levy under ORS 452.153; deposit; disbursement; levy as lien.

(1) Taxes levied under ORS 452.153 shall be collected at the same time and in the same manner as county taxes are collected and, when collected, shall be paid to the county treasurer and deposited, at the discretion of the board, either with the county treasurer of the county in accordance with subsection (3) of this section or in one or more banks or savings and loan associations designated by the board. Funds deposited in a bank or savings and loan association shall be withdrawn or paid out only upon proper order and warrant or check signed by the treasurer of the board and countersigned by the president of the board.
(2) Taxes levied under ORS 452.153 shall be a lien upon the property against which they are levied and shall be of the same force and effect as other liens for taxes. Their collection shall be enforced by the same means as provided for the enforcement of liens for county property taxes.
(3) District funds deposited with the county treasurer shall be deposited in a separate fund to the credit of the district. The county treasurer shall disburse the moneys upon the warrant of the district signed by the president of the board and countersigned by the treasurer of the board.
(4) The board may by resolution designate a treasurer pro tempore or a president pro tempore who may sign warrants or checks on behalf of the treasurer of the board and president of the board respectively. [1965 c.609 §3; 1981 c.640 §11]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.158 - Filing boundary change with county assessor and Department of Revenue.

For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §36]
Note:
452.158 was added to and made a part of 452.020 to 452.300 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 : 12 - Public Health › Chapter 452 - Vector Control › Section 452.160 - Additional taxing authority.

(1)(a) In addition to or in lieu of the tax levy provided for by ORS 452.153, the board of trustees of any district may, at the times and in the manner provided by law for public corporations, furnish to the county court and county accountant an estimate and statement, made pursuant to the budget laws of the state, of the amount of money necessary for all purposes required under ORS 452.020 to 452.170 during the next ensuing fiscal year.
(b) Subject to paragraph (c) of this subsection, the county court may include the amount of the estimate made under paragraph (a) of this subsection, or any portion of the estimate, in the annual budget of the county.
(c) The amount described in paragraph (b) of this subsection may not, in any one year, be greater than enough to raise the amount determined by the board of trustees under paragraph (a) of this subsection, and approved by the county court and the local public health administrators or their designees on the board. The amount budgeted, when added to any taxes levied under ORS 452.153, shall not exceed two-tenths of one percent (0.002) of the real market value of all taxable property within the district, computed in accordance with ORS 308.207.
(2) The county court, thereafter at the time and in the manner of levying taxes for state and county purposes, may levy a tax on all the taxable property in the district sufficient to raise the amount of the estimate made by the board of trustees of the district.
(3) All taxes levied under this section shall be computed and entered on the assessment and tax rolls of the county and collected at the same time and in the same manner as state and county taxes. When collected, the taxes shall be paid into the county treasury for the use of the district. Such funds may be withdrawn only upon warrants issued by the proper authorities of the district. [Amended by 1959 c.600 §11; 1963 c.9 §28; 1965 c.609 §5; 1981 c.640 §12; 1983 c.310 §20; 1991 c.459 §408; 2021 c.191 §16]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.170 - Deposit and disbursement of moneys collected.

All money received from taxes collected for the use of any control district under ORS 452.160 shall be paid to the county treasurer of the county in which the district is situated. The county treasurer shall keep the moneys in a separate fund to the credit of the district and disburse them upon the warrant of the district signed by the president of the board, and countersigned by the treasurer of the board. [Amended by 1959 c.600 §12; 1965 c.609 §6; 1981 c.640 §13]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.210 - County contracts with cities, vector control districts or other counties on vector control.

Any county court may contract with any incorporated city, any vector control district, or with the county court of any other county on any matter incident to the eradication, prevention and control of public health vectors and vector habitats using integrated pest management methods and for the supervision of such work by county employees. [Amended by 1959 c.600 §13; 2007 c.258 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.230 - Rights under contract.

The officers and agents of such other county, vector control district or municipality acting by authority of such contract shall have the same right of entry, inspection and treatment as the agents and employees of the county seeking to control the public health vectors. [Amended by 1959 c.600 §15]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.240 - Powers of county regarding vector control.

Any county court may:
(1) Take all necessary or proper steps and measures for the prevention, control or eradication of public health vectors using integrated pest management methods.
(2) Abate as nuisances all vector habitats.
(3) Purchase such supplies and materials and employ or contract for such labor as may be necessary or proper in furtherance of prevention, control or eradication.
(4) Fix the compensation and prescribe the duties of all employees, agents and servants.
(5) Enter upon all places within the county and adjacent thereto for the purpose of carrying out this section.
(6) Cut or remove such shrubbery or undergrowth as is necessary or proper in order to carry out this section.
(7) Treat, using integrated pest management methods places where public health vectors are found or are likely to exist.
(8) Generally do any and all things necessary or incident to the powers granted in ORS 452.230 to 452.250 and to carry out the objectives specified in this section. [Amended by 1959 c.600 §16; 1981 c.640 §14; 2007 c.71 §138; 2007 c.258 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.245 - Pesticide use; consent of State Fish and Wildlife Commission.

In exercising its powers under ORS 452.210 to 452.250, a county court:
(1) May not order the application of pesticides to waters in the county that are frequented by waterfowl or that contain any game fish without obtaining annual approval of the State Fish and Wildlife Commission.
(2) May not order the application of pesticides for public health vectors without first obtaining the approval of the State Fish and Wildlife Commission. [1981 c.640 §5; 2007 c.258 §10]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.250 - Interference prohibited.

No person shall knowingly or willfully hinder or interfere with or prevent the exercise of any powers conferred under ORS 452.230 to 452.250 or do or perform any act or thing which will destroy or impair the efficiency of any device or means used for the control or extermination of public health vectors or their larvae. [Amended by 1959 c.600 §17]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.300 - Oregon Health Authority vector control program.

(1) The Oregon Health Authority shall maintain a program of public health vector control, which program shall include, but not be limited to:
(a) Monitoring and investigating public health vectors, vector habitats and vector-borne diseases.
(b) Providing technical assistance and information to vector control districts, local vector control programs and the public.
(c) Maintaining training programs for vector control district personnel and other public health personnel.
(d) Coordinating and assisting vector control district programs and other local programs in research projects.
(e) Reviewing vector control program pesticide use plans submitted by agencies that intend to use pesticides for vector control. Agencies must obtain authority approval of their annual pesticide use plan prior to pesticide applications.
(2) The authority may provide an amount not to exceed $5,000 per year in matching funds to a district for a program to allow the district to carry out disease surveillance in cooperation with public health personnel. [1981 c.640 §7; 2007 c.258 §8; 2009 c.595 §876]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 452 - Vector Control › Section 452.990 - Penalties.

Violation of ORS 452.250 is a Class C misdemeanor. [Subsection (2) of 1975 Replacement Part enacted as 1975 c.555 §7; 1977 c.582 §49; 1999 c.1051 §184; 2009 c.98 §17]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.001 - Definitions for ORS 453.001 to 453.185.

As used in ORS 453.001 to 453.185, unless the context requires otherwise:
(1) "Authority" means the Oregon Health Authority.
(2) "Director" means the Director of the Oregon Health Authority. [1973 c.829 §15b; 2001 c.900 §200; 2009 c.595 §878; 2021 c.513 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.015 - Application.

ORS 453.005 to 453.135 and 453.990 (2) do not apply to:
(1) Articles such as chemical sets which by reason of functional purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical or thermal hazard, and which bear labeling giving adequate directions and warnings for safe use, and are intended for use by children who have attained sufficient maturity and may reasonably be expected to read and heed these directions and warnings.
(2) Common fireworks regulated under ORS 480.111 to 480.165.
(3) Pesticides subject to the Federal Insecticide, Fungicide and Rodenticide Act or regulated by ORS 616.335 to 616.385.
(4) Substances intended for use as fuels when stored in containers and used in the heating, cooking or refrigeration system of a house.
(5) Foods or drugs otherwise regulated by this state.
(6) Poisons sold to the ultimate consumer for agricultural or industrial uses in amounts of 10 pounds or more.
(7) Any substance for use in a scientific laboratory. [1971 c.409 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.035 - Standards for labeling of hazardous substances.

(1) The Director of the Oregon Health Authority shall adopt standards for the labeling of hazardous substances. The director may permit or require the use of a recognized generic name or may require the common or usual name or the chemical name, if there is no common or usual name, of the hazardous substance or of each component which the director finds contributes substantially to its hazard.
(2) The director shall require:
(a) The word "Danger" on substances which are extremely flammable, corrosive or highly toxic;
(b) The word "Warning" or "Caution" on other hazardous substances;
(c) An affirmative statement of the principal hazard or hazards, such as "Flammable," "Combustible," "Vapor Harmful," "Causes Burns," "Absorbed Through Skin," or similar wording descriptive of the hazard;
(d) Precautionary measures describing the action to be followed or avoided, except when modified by rule of the director pursuant to subsection (4) of this section;
(e) Instruction, when necessary or appropriate, for first-aid treatment;
(f) The word "Poison" for any hazardous substance which is defined as "highly toxic" in ORS 453.005;
(g) Instructions for handling and storage of packages which require special care in handling or storage;
(h) Adequate directions for the protection of children from the hazard if the article is intended for use by children and is not a banned hazardous substance, or the statement "Keep out of the reach of children," or its practical equivalent, if the article is not intended for use by children; and
(i) The name and place of business of the manufacturer, packer, distributor or seller.
(3) Any statement required by this section must be in the English language, located prominently and in conspicuous and legible type in contrast by typography, layout or color with other printed matter on the label.
(4) If the director finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under ORS 453.005 to 453.135 and 453.990 (2) is impracticable or is not necessary for the adequate protection of the public health and safety, the director may authorize the exemption of such substance from the requirements, to an extent consistent with adequate protection of the public health and safety. [1971 c.409 §5; 2009 c.595 §880]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.045 - Poison registers; contents.

(1) Every person who purchases poison shall be registered in a poison register, kept solely for that purpose, stating the date and hour of the sale, the name and address and the signature of the purchaser, the kind and quantity of the poison sold, a statement by the purchaser of the purpose for which it is required, and the name of the dispenser, who must be a pharmacist.
(2) Official poison registers shall be furnished by the State Board of Pharmacy only to pharmacists and shall be in the form of columns with the following headings:
(a) Date and hour.
(b) Name of purchaser.
(c) Residence address.
(d) Kind and quantity.
(e) Purpose of use.
(f) Means of identification.
(g) Signature of purchaser.
(h) Signature of pharmacist.
(3) Each official poison register shall be open for inspection by the proper authorities at all times and shall be preserved for at least five years after the date of the last entry therein. [1971 c.409 §14]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.055 - Hazardous, banned hazardous, misbranded hazardous substances; declaration; removal from commerce.

(1) The Director of the Oregon Health Authority shall declare to be a hazardous substance any substance or mixture of substances which the director finds to be within the definition of hazardous substance in ORS 453.005.
(2) If the director finds that any hazardous substance is a misbranded hazardous substance, the director shall require such reasonable variations or labeling requirements in addition to those required by ORS 453.035 as the director finds necessary for the protection of the public health and safety. However, if the director finds that any hazardous substance cannot be labeled adequately to protect the public health and safety, or the article presents an imminent danger to the public health and safety, the director may declare the article to be a banned hazardous substance and require its removal from commerce.
(3) If the director finds that a toy or other article intended for use by children is a hazardous substance, bears or contains a hazardous substance in a manner as to be susceptible of access by a child to whom the toy or other article is entrusted or presents an electrical, mechanical or thermal hazard, the director shall declare a toy or other article to be a banned hazardous substance and require its removal from commerce.
(4) If the director finds that any hazardous substance intended, or packaged in a form suitable, for use in a household, notwithstanding cautionary labeling as required under ORS 453.005 to 453.135 and 453.990 (2), involves a degree or nature of the hazard by its presence or use in households that the protection of the public health and safety can be adequately served only by keeping the substance out of the channels of commerce, the director shall declare the hazardous substance to be a banned hazardous substance and require its removal from commerce.
(5) Any hazardous substance intended, or packaged in a form suitable for use in the household or by children, which fails to bear a label in accordance with ORS 453.035 and the standards of the director shall be deemed to be a misbranded hazardous substance.
(6) Any hazardous substance contained in a reused food, drug or cosmetic container is a misbranded hazardous substance. [1971 c.409 §6; 2009 c.595 §881]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.065 - Detention of suspected substances; petition for label of condemnation; judgment, relabeling or destruction of substances; expenses.

(1) Whenever the Director of the Oregon Health Authority or a designated representative finds or has probable cause to believe that any hazardous household substance is misbranded, or is a banned hazardous substance, the director or designated representative shall affix to such article a tag or other appropriate marking, giving notice that such article is or is suspected of being misbranded or is a banned hazardous substance, and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court.
(2) When an article detained or embargoed under subsection (1) of this section has been found to be misbranded or a banned hazardous substance, the director shall petition the circuit court of the county within which the article is detained or embargoed for a label of condemnation of such article. However, if the director or a designated representative finds that an article so detained or embargoed is not misbranded or a banned hazardous substance, the director or designated representative shall remove the tag or other marking.
(3) If the court finds that a detained or embargoed article is misbranded or a banned hazardous substance, after entry of the judgment, the article shall be destroyed at the expense of the owner or claimant thereof, under supervision of the director or a designated representative, and all court costs and fees, and storage and other proper expenses, shall be taxed against the owner or claimant of such article or the owner or claimant agent. However, when the misbranding can be corrected by proper labeling of the article, after entry of the judgment and after such costs, fees, and expenses have been paid and a good and sufficient bond or irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, conditioned that such article shall be so labeled, has been executed, the court may order that such article be delivered to the owner or claimant thereof for such labeling under the supervision of an agent of the director. The expense of such supervision shall be paid by claimant. The article shall be returned to the claimant on the representation to the court by the director that the article is no longer in violation of ORS 453.005 to 453.135 and 453.990 (2), and that the expenses of such supervision have been paid. [1971 c.409 §8; 1991 c.331 §64; 1997 c.631 §474; 2003 c.576 §458; 2009 c.595 §882]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.075 - Repurchase of banned hazardous substances previously sold; refund of purchase price.

(1) Any article or substance sold by its manufacturer, distributor, or dealer that is a banned hazardous substance, whether or not it was such at the time of its sale, shall, in accordance with rules of the Director of the Oregon Health Authority, be repurchased as provided in this section.
(2) The manufacturer or distributor of any such article shall repurchase it from the person to whom the manufacturer or distributor sold it, and shall:
(a) Refund to that person the purchase price paid for such article or substance;
(b) If that person has repurchased such article or substance pursuant to this paragraph or paragraph (a) of this subsection, reimburse the person for any amounts paid in accordance with this section for the return of such article or substance in connection with its repurchase; and
(c) If the manufacturer requires the return of such article or substance in connection with the repurchase of it, reimburse that person for any reasonable and necessary expenses incurred in returning it to the manufacturer.
(3) In the case of any such article or substance sold at retail by a dealer, if the person who purchased it from the dealer returns it to the dealer, the dealer shall refund to the purchaser the purchase price paid for it and reimburse the person for any reasonable and necessary transportation charges incurred in its return.
(4) As used in this section:
(a) "Distributor" includes a dealer who sells at wholesale an article or substance with respect to that sale.
(b) "Manufacturer" includes an importer for resale. [1971 c.409 §13; 2005 c.22 §324; 2009 c.595 §883]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.095 - Rules; determination of combustibility, flammability; designating strong sensitizers.

(1) The authority to adopt rules for the administration and enforcement of ORS 453.005 to 453.135 and 453.990 (2) is vested in the Director of the Oregon Health Authority pursuant to ORS chapter 183.
(2) The director shall cause the rules adopted under ORS 453.005 to 453.135 and 453.990 (2) to be no less strict than rules established pursuant to the Federal Hazardous Substances Act.
(3) The combustibility, and extreme flammability of solids and of the contents of self-pressurized containers shall be determined by methods found by the director to be generally applicable to such materials or containers, respectively, and established by the director.
(4) Before designating any substance as a strong sensitizer, the director, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant potential for causing hypersensitivity. [1971 c.409 §10; 2009 c.595 §885]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.105 - Authority to enter premises; inspections; taking samples; payment.

(1) For the purposes of enforcement of ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority or a designated representative upon presenting appropriate credentials to the owner, operator or agent in charge, may:
(a) Enter, at reasonable times, any factory, warehouse or establishment in which hazardous substances are manufactured, processed, packed, or held for introduction into commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such hazardous substances in commerce.
(b) Inspect, at reasonable times, and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle, and all pertinent equipment, finished and unfinished materials, and labeling therein.
(c) Obtain samples of such materials or packages thereof, or of such labeling.
(2) If the director or a designated representative obtains any sample, prior to leaving the premises, the director or designated representative shall pay or offer to pay the owner, operator, or agent in charge for such sample and give a receipt describing the sample obtained. [1971 c.409 §11; 2009 c.595 §886]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.115 - Access to records of persons carrying, receiving or storing in commerce; use as evidence limited; exemption for carriers.

(1) For the purpose of enforcing the provisions of ORS 453.005 to 453.135 and 453.990 (2), carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon request, permit the Director of the Oregon Health Authority or a designated representative at reasonable times, to have access to and to copy all records showing the movement in commerce of any such hazardous substances, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof. Such request must be accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates.
(2) Evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained.
(3) Carriers shall not be subject to the other provisions of ORS 453.005 to 453.135 and 453.990 (2) by reason of their receipt, carriage, holding or delivery of hazardous substances in the usual course of business as carriers. [1971 c.409 §12; 2009 c.595 §887]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.125 - Enjoining violations.

In addition to the remedies provided in ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority may apply to the circuit court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of ORS 453.085. [1971 c.409 §7; 2009 c.595 §888]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.135 - Notice required prior to institution of criminal proceedings.

Before any violation of ORS 453.005 to 453.135 and 453.990 (2) is reported to any district attorney or police official for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present the person’s views before the Director of the Oregon Health Authority or the designated agent of the director, either orally or in writing, in person, or by attorney, with regard to such contemplated proceeding. [1971 c.409 §9; 2009 c.595 §889]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.175 - Necessity for poison label; content.

Except as otherwise specifically provided by law, no person shall sell or dispense at retail any poison without affixing to the box, bottle, vessel or package containing the poison, a clear and legible label, either printed or written, bearing the name of the poison in English with the name and the place of business of the pharmacist, owner or manager by whom it is sold. [Formerly 453.030; 1977 c.582 §50]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.185 - False representation by purchaser prohibited.

It is unlawful for any person to give a fictitious name or make any false representations to the seller or dealer when buying any of the poisons or any caustic or corrosive substances specified in ORS 453.005 (14) or in the rules of the State Board of Pharmacy. [Formerly 453.070; 1977 c.582 §51]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.205 - Definitions for ORS 453.205 to 453.275.

As used in ORS 453.205 to 453.275:
(1) "Art or craft material" means any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or principal importer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. "Art or craft material" does not include economic poisons subject to the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163) or drugs, devices or cosmetics, which are subject to the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040).
(2) "Authority" means the Oregon Health Authority.
(3) "Human carcinogen" means any substance listed as a human carcinogen by the International Agency for Research on Cancer.
(4) "Medium" includes, but is not limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs and leather and textile goods.
(5) "Potential human carcinogen" means one of the following:
(a) Any substance which does not meet the definition of human carcinogen, but for which there exists sufficient evidence of carcinogenicity in animals, as determined by the International Agency for Research on Cancer.
(b) Any chemical shown to be changed by the human body into a human carcinogen.
(6) "Toxic substance causing chronic illness" means any of the following:
(a) Human carcinogens.
(b) Potential human carcinogens.
(c) Any substance included in the list of hazardous substances prepared by the Department of Consumer and Business Services pursuant to the Hazard Communication Rule, Division 155, notwithstanding exemptions made for substances on the list which are used in particular forms, circumstances or concentrations, if the health hazard presented by the substance is not the subject of label statements required by federal law. [1985 c.539 §1; 2009 c.595 §890]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.215 - Legislative findings.

The Legislative Assembly:
(1) Finds and declares that there exists a significant danger to the public health and safety from exposure to art or craft material which contains toxic chemicals. This health risk threatens not only professional artists and craftspersons, but art teachers, students at every educational level, hobbyists and children. Toxic substances may be employed during the course and scope of creating art or craft objects of all varieties.
(2) Finds and declares that present labeling of ingredients and hazards of art or craft material is insufficient to adequately protect the consumers of this state from chronic adverse health effects. Because many persons do not know what toxic chemical substances they work with, proper precautionary actions cannot be taken. Disclosure of toxic ingredients, their possible adverse effects on health, and instructions for safe handling, will substantially minimize unnecessary exposure to excessive risk.
(3) Finds and declares that it is consistent to impose upon those who manufacture, repackage and distribute art or craft material a duty to convey to consumers information about the potential health hazards of the products they manufacture.
(4) Finds and declares that school children are not sufficiently protected by present health laws insofar as materials which may be seriously harmful are not so labeled and therefore children are not properly warned as to the dangers inherent in the use of these materials.
(5) Intends by ORS 453.205 to 453.275 to insure that consumers be provided information concerning the nature of the toxic substances with which they are working and the known and suspected health hazards of these substances and to insure the uniformity of labeling standards, so that materials with similar hazards also have essentially similar labels and to insure that elementary school children are protected by prohibiting the sale of those toxic substances to schools and school districts for use in kindergarten and grades 1 through 6. [1985 c.539 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.225 - When presumption of toxic ingredient arises.

For the purposes of ORS 453.205 to 453.275, an art or craft material shall be presumed to contain an ingredient which is a toxic substance causing chronic illness if the ingredient, whether an intentional ingredient or an impurity, is one percent or more by weight of the mixture or product, or if the Oregon Health Authority determines that the toxic or carcinogenic properties of the art or craft material are such that labeling is necessary for the adequate protection of the public health and safety. [1985 c.539 §3; 2009 c.595 §891]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.245 - Order or purchase by school of material considered to contain toxic substance prohibited; exceptions.

(1) Art or craft material that is considered by the Oregon Health Authority to contain a toxic substance causing chronic illness may not be ordered or purchased by a school or school district for use by students in kindergarten and grades 1 through 6.
(2) Any substance that is a toxic substance causing chronic illness may not be ordered or purchased by a school or school district for use by students in grades 7 through 12 unless the substance meets the labeling standards specified in ORS 453.235.
(3) If the authority finds that, because the chronically toxic, carcinogenic or radioactive substances contained in an art or craft material cannot be ingested, inhaled or otherwise absorbed into the body during any reasonably foreseeable use of the material in a way that could pose a potential health risk, the authority may exempt the material from these requirements to the extent the authority determines to be consistent with adequate protection of the public health and safety. [1985 c.539 §5; 2005 c.22 §325; 2009 c.595 §893]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.255 - List of authorized art and craft materials; distribution of lists; information about and disposal of toxic materials.

(1) By June 1, 1986, the Oregon Health Authority shall develop a list of those art or craft materials which can be purchased or ordered for use in kindergarten and in grades 1 through 6 and a list of materials which, while not currently sold or manufactured, may be reasonably suspected to still exist at some schools. In developing the lists, the authority shall consult with manufacturers of art supplies, artists’ groups, health organizations and toxicologists as the authority considers appropriate.
(2) The Superintendent of Public Instruction shall distribute the lists to all school districts and shall make the lists available to preschools, child care centers and other businesses and organizations which involve children in the use of art or craft materials.
(3) The superintendent shall inform school districts of the requirements of ORS 453.205 to 453.275 and shall encourage school districts to dispose of art or craft materials which may contain human carcinogens, potential human carcinogens or toxic substances causing chronic illness, but which are not affected by ORS 453.205 to 453.275. [1985 c.539 §§6,7; 2009 c.595 §894]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.265 - Filing of formulation information with poison control centers required; labeling.

(1) The manufacturer of any art or craft material sold, distributed, offered for sale or exposed for sale in this state shall supply to a national poison control network approved by the Director of the Oregon Health Authority the formulation information required by that network for dissemination to poison control centers. Failure to file formulation information with an approved poison control network is a violation of ORS 453.205 to 453.275.
(2) The requirements set forth in ORS 453.235 shall not be considered to be complied with unless all required words, statements or other information accompany art or craft materials from manufacturer to consumer, not excluding any distributor, packager or repackager. [1985 c.539 §8; 2003 c.14 §278; 2009 c.595 §895]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.275 - Civil penalty.

Violation of ORS 453.235 or 453.265 is punishable by a civil penalty of not to exceed $1,000 that may be imposed and collected in the manner prescribed in ORS 441.705 to 441.745. [1985 c.539 §9]