reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.374 - Possession or control of dogs for purpose of reproduction; records; exceptions.

(1) As used in this section:
(a) "Boarding kennel" means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days.
(b) "Dog" means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.
(c) "Litter" means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.
(2) A person may not possess, control or otherwise have charge of at the same time more than 50 sexually intact dogs that are two years of age or older for the primary purpose of reproduction. It is prima facie evidence that a person possesses dogs for the primary purpose of reproduction if during a 12-month period the person sells, offers for sale, barters or exchanges more than three litters of dogs that are less than eight months of age.
(3) A person that possesses, controls or otherwise has charge of 50 or more sexually intact dogs that are eight months of age or older shall maintain a record for each of those dogs that identifies:
(a) The date of birth for the dog or, if the date of birth is unknown, the date the person acquired possession, control or charge of the dog and the source of the dog;
(b) The dates on which the dog has been bred;
(c) For a female, the number of dogs in each litter produced; and
(d) The disposition the person makes of each dog possessed by, controlled by or in the charge of the person, including the date of disposition, manner of disposition and the name and address information for any person taking possession, control or charge of a dog.
(4) A person shall retain a record required under subsection (3) of this section for a period of three years following the death of the dog or a date on which the person permanently ceased to have possession, control or charge of the dog.
(5) Subsections (2) to (4) of this section do not apply to:
(a) An animal control agency, humane society or animal shelter;
(b) A person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter;
(c) A veterinary facility;
(d) A person that is transporting dogs; or
(e) A boarding kennel.
(6) A violation of this section is a Class B misdemeanor. However, a court shall suspend sentence under this subsection for a violation of subsection (2) of this section if the person agrees to have a sufficient number of dogs spayed or neutered to remedy the violation. [2009 c.297 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.383 - Equine tripping.

(1) As used in this section, "equine" means any member of the family Equidae.
(2) Except as provided in subsection (3) of this section, a person commits the offense of equine tripping if, for purposes of a rodeo, contest, exhibition, entertainment or sport or as practice for a rodeo, contest, exhibition, entertainment or sport, the person intentionally ropes or lassos the legs of an equine, intentionally causing the equine to trip or fall.
(3) Subsection (2) of this section does not apply to a person who causes an equine to trip or fall for the purpose of allowing veterinary care for the equine.
(4) The offense of equine tripping is a Class B misdemeanor. [2013 c.616 §2]
Note:
167.383 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.385 - Unauthorized use of a livestock animal.

(1) A person commits the crime of unauthorized use of a livestock animal when the person knowingly:
(a) Takes, appropriates, obtains or withholds a livestock animal from the owner thereof or derives benefit from a livestock animal without the consent of the owner of the animal; or
(b) Takes or holds a livestock animal and thereby obtains the use of the animal to breed, bear or raise offspring without the consent of the owner of the animal.
(2) Except as otherwise provided by law, offspring born to a female livestock animal or hatched from the egg of a female livestock animal belong to the owner of the female livestock animal until the owner transfers ownership of the offspring.
(3) As used in this section, "livestock animal" has the same meaning given that term in ORS 164.055.
(4) Unauthorized use of a livestock animal is a Class A misdemeanor.
(5) In addition to any criminal sanctions, if a defendant is convicted of the crime of unauthorized use of a livestock animal under this section, the court shall order the defendant to pay restitution to the owner of the animal. [1993 c.252 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.387 - Definitions for ORS 167.387 and 167.388.

As used in this section and ORS 167.388:
(1) "Livestock" has the meaning given in ORS 609.125.
(2) "Livestock production facility" means:
(a) Any facility or organization engaged in animal breeding, production or processing; or
(b) Any facility or institution whose primary purpose is to impound estray animals, as that term is defined in ORS 607.007. [1993 c.252 §4; 1999 c.756 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.388 - Interference with livestock production.

(1) A person commits the crime of interference with livestock production when the person, with the intent to interfere with livestock production:
(a) Takes, appropriates, obtains or withholds livestock from the owner thereof, or causes the loss, death or injury of any livestock maintained at a livestock production facility;
(b) Damages, vandalizes or steals any property located on a livestock production facility; or
(c) Obtains access to a livestock production facility to perform any act contained in this subsection or any other act not authorized by the livestock production facility.
(2) The crime of interference with livestock production is:
(a) A Class C felony if damage to the livestock production facility is $2,500 or more; or
(b) A Class A misdemeanor if there is no damage to the livestock production facility or if damage to the facility is less than $2,500.
(3) Determination of damages to a livestock production facility shall be made by the court. In making its determination, the court shall consider the reasonable costs of:
(a) Replacing lost, injured or destroyed livestock;
(b) Restoring the livestock production facility to the approximate condition of the facility before the damage occurred; and
(c) Replacing damaged or missing records, data, material, equipment or substances used in the breeding and production of livestock.
(4) In addition to any criminal sanctions, if a defendant is convicted of the crime of interference with livestock production under subsection (1) of this section, the court shall order the defendant to pay restitution to the owner of the animal or the owner of the livestock production facility. [1993 c.252 §§2,3; 2001 c.554 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.390 - Commerce in fur of domestic cats and dogs prohibited; exception.

(1) A person may not take, buy, sell, barter or otherwise exchange for commerce in fur purposes the raw fur or products that include the fur of a domestic cat or dog if the fur is obtained through a process that kills or maims the cat or dog. As used in this section, "domestic cat or dog" does not include coyote, fox, lynx, bobcat or any other wild or commercially raised wild feline or wild canine species or a hybrid thereof that is not recognized as an endangered species by the United States Fish and Wildlife Service.
(2) Violation of subsection (1) of this section, or any rule promulgated pursuant thereto, is a Class A misdemeanor when the offense is committed with a culpable mental state as defined in ORS 161.085. [1999 c.995 §§1,2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.400

[1991 c.970 §1; 1999 c.1051 §161; 2015 c.158 §7; 2017 c.701 §9; renumbered 167.785 in 2017]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.402

[1991 c.970 §2; 1999 c.1051 §162; 2009 c.600 §1; 2015 c.158 §9; 2017 c.701 §6; renumbered 167.780 in 2017]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.426 - Definitions for ORS 167.426 to 167.439.

As used in ORS 167.426 to 167.439:
(1) "Cockfight" means a fight between two or more birds that is arranged by a person and that has the purpose or probable result of one bird inflicting injury to another bird.
(2) "Constructive possession" means an exercise of dominion and control over the location and treatment of property without taking physical possession of the property.
(3) "Fighting bird" means a bird that is intentionally reared or trained for use in, or that actually is used in, a cockfight.
(4) "Gaff" means an artificial steel spur designed for attachment to the leg of a fighting bird in replacement of the bird’s natural spurs.
(5) "Slasher" means a steel weapon resembling a curved knife blade designed for attachment to the foot of a fighting bird.
(6) "Source bird" means:
(a) A hen used to produce one or more chicks intended for eventual use as fighting birds; or
(b) A chick being reared with the intent that the chick eventually be used as a fighting bird or as a hen described in paragraph (a) of this subsection. [2003 c.484 §1; 2017 c.276 §1]
Note:
167.426 to 167.439 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.428 - Cockfighting.

(1) A person commits the crime of cockfighting if the person knowingly:
(a) Owns, possesses, keeps, rears, trains, buys, sells or advertises or otherwise offers to sell a fighting bird.
(b) Promotes or participates in, or performs services in furtherance of, the conducting of a cockfight. As used in this paragraph, "services in furtherance" includes, but is not limited to, transporting spectators to a cockfight, handling fighting birds, organizing, advertising or refereeing a cockfight and providing, or acting as stakeholder for, money wagered on a cockfight.
(c) Keeps, uses or manages, or accepts payment of admission to, a place for the conducting of a cockfight.
(d) Suffers or permits a place in the possession or control of the person to be occupied, kept or used for the conducting of a cockfight.
(2) Subsection (1)(a) of this section does not apply to the owning, possessing, keeping, rearing, buying, selling, advertising or otherwise offering for sale of a bird for purposes other than training the bird as a fighting bird, using or intending to use the bird in cockfighting or supplying the bird knowing that the bird is intended to be used in cockfighting.
(3) Cockfighting is a Class C felony. [2003 c.484 §2; 2018 c.19 §1]
Note:
See note under 167.426.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.431 - Participation in cockfighting.

(1) A person commits the crime of participation in cockfighting if the person knowingly:
(a) Attends a cockfight or pays admission at any location to view or bet on a cockfight; or
(b) Manufactures, buys, sells, barters, exchanges, possesses, advertises or otherwise offers to sell a gaff, slasher or other sharp implement designed for attachment to a fighting bird, or other equipment, with the intent that the gaff, slasher, implement or equipment be used in training or handling a fighting bird or for enhancing the fighting ability of a fighting bird.
(2) Participation in cockfighting is a Class C felony. [2003 c.484 §3; 2009 c.796 §1; 2018 c.19 §2]
Note:
See note under 167.426.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.433 - Seizure of fighting birds or source birds; procedure.

(1) Pursuant to ORS 133.525 to 133.703, a judge may order the seizure of an alleged fighting bird or source bird owned, possessed or kept by any person.
(2) A judge ordering the seizure of an alleged fighting bird or source bird under subsection (1) of this section may order that the bird be impounded on the property of the owner, possessor or keeper of the bird. If a judge orders an alleged fighting bird or source bird impounded on the property of the owner, possessor or keeper of the bird, the court shall order the owner, possessor or keeper to provide all necessary care for the bird and to allow regular and continuing inspection of the bird by a person designated by the court, or the agent of a person designated by the court. The owner, possessor or keeper shall pay the costs of conducting the inspections. The court shall further order the owner, possessor or keeper not to sell or otherwise dispose of the bird unless the court authorizes the sale or disposition, or until the seized bird is forfeited pursuant to an order under ORS 167.435 or restored to the person pursuant to an order under ORS 133.643. [2003 c.484 §4; 2017 c.276 §2]
Note:
See note under 167.426.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.435 - Forfeiture of rights in fighting birds, source birds or property; public nuisance.

(1) In addition to and not in lieu of any other penalty the court may impose upon a person convicted of cockfighting under ORS 167.428 or participation in cockfighting under ORS 167.431, the court shall include in the judgment an order for forfeiture to the city or county where the crime occurred of the person’s rights in any property proved to have been used by the person as an instrumentality in the commission of the crime, including any fighting bird or source bird. This subsection does not limit the ability of the court to dispose of a fighting bird or source bird as provided under subsection (2) of this section.
(2) A fighting bird is a public nuisance, regardless of whether a person has been convicted of cockfighting or participation in cockfighting. If a fighting bird is ordered forfeited under subsection (1) of this section or is proved by a preponderance of the evidence in a forfeiture proceeding to be a fighting bird, the court shall order that the bird be destroyed or be otherwise disposed of. Upon the conviction of the person charged, the court shall adjudge all of the seized property of the person to be forfeited and shall order that the property be destroyed or otherwise disposed of. The court shall provide for a humane disposition of any source birds included in the forfeited property. [2003 c.484 §5; 2017 c.276 §3]
Note:
See note under 167.426.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.437 - Constructive possession of fighting birds or source birds; procedure.

(1) A peace officer having jurisdiction may, upon probable cause to believe that a bird is a fighting bird or source bird, take constructive possession of the bird on behalf of the law enforcement agency employing the officer.
(2) A peace officer who takes constructive possession of an alleged fighting bird or source bird pursuant to this section must do the following:
(a) Place a tag or other device approved by the law enforcement agency on the cage or other enclosure where the alleged fighting bird or source bird is located. The tag or other device must clearly state that it is unlawful to conceal, remove or release the bird for purposes of interfering with law enforcement agency control over the bird.
(b) Notify the owner, possessor or keeper of the bird that the bird has been seized by the law enforcement agency and may not be concealed, removed or released until authorized by a court or as provided in this section.
(c) Promptly apply to an appropriate court for an order described in ORS 167.433.
(3) If a law enforcement agency takes constructive possession of an alleged fighting bird or source bird under this section, the owner, possessor or keeper of the bird shall provide all necessary care for the bird.
(4) Constructive possession of an alleged fighting bird or source bird pursuant to this section terminates when a court order described in ORS 167.433 is served on the owner, possessor or keeper of the bird, or after 24 hours, whichever occurs first. [2003 c.484 §6; 2017 c.276 §4]
Note:
See note under 167.426.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.439 - Forcible recovery of a fighting bird.

(1) A person commits the crime of forcible recovery of a fighting bird if the person knowingly dispossesses, or knowingly attempts to dispossess, a law enforcement agency of constructive possession of a fighting bird, a source bird or an alleged fighting bird or source bird.
(2) Forcible recovery of a fighting bird is a Class C felony. [2003 c.484 §7; 2017 c.276 §5]
Note:
See note under 167.426.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.500 - Definitions for ORS 167.502, 167.506 and 167.508.

As used in ORS 167.502, 167.506 and 167.508:
(1) "Baby food" or "infant formula" means food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of two years.
(2) "Medical device" means an object or substance that is:
(a) Required under federal law to bear the label "Caution: Federal law requires dispensing by or on the order of a physician"; or
(b) Defined by federal law as a medical device and is intended:
(A) For use in the diagnosis of disease or other conditions in humans or animals;
(B) For use in the cure, mitigation, treatment or prevention of disease in humans or animals; or
(C) To affect the structure or a function of the bodies of humans or animals without achieving any of its principal intended purposes through metabolism or through chemical action within or on the bodies of humans or animals.
(3) "New and unused property" means tangible personal property:
(a) That was acquired by a person directly from a producer, manufacturer, wholesaler or retailer in the ordinary course of business and has not been used since its production or manufacture; or
(b) That was packaged when it was originally produced or manufactured and the property is in its original and unopened package.
(4)(a) "Nonprescription drugs" means drugs that may be sold without a prescription and that, in accordance with the requirements of the statutes and regulations of this state and the federal government, are:
(A) Prepackaged for use by a consumer;
(B) Prepared by a manufacturer or producer for use by a consumer; and
(C) Labeled and unadulterated.
(b) "Nonprescription drugs" does not include herbal products, dietary supplements, botanical extracts or vitamins.
(5) "Prior conviction" means a conviction that was entered prior to imposing sentence on the current crime, provided that the prior conviction is based on a crime committed in a separate criminal episode.
(6) "Unused property market" means an event:
(a) Where at least two persons offer new and unused property for sale or exchange and the person organizing or conducting the event charges a fee upon the sale or exchange of the new and unused property;
(b) Where at least two persons offer new and unused property for sale or exchange and a prospective buyer must pay a fee for admission to an area where new and unused property is offered for sale or exchange; or
(c) Where new and unused property is offered for sale or exchange for more than 12 days in one 12-month period. [2003 c.338 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.502 - Sale of certain items at unused property market prohibited; exceptions.

(1) Except as provided in subsection (2) of this section, a person may not offer for sale or exchange or knowingly permit the sale or exchange of baby food, infant formula, cosmetics, personal care products, nonprescription drugs or medical devices at an unused property market.
(2) A person may sell or exchange the items listed in subsection (1) of this section if the person:
(a) Has a written authorization that identifies the person as an authorized representative of the manufacturer or distributor of those items; and
(b) Makes the written authorization available for public inspection.
(3)(a) A person who violates this section commits a Class C misdemeanor.
(b) A person who violates this section and who has one prior conviction under this section that was entered within the last 10 years commits a Class B misdemeanor.
(c) A person who violates this section and who has two or more prior convictions under this section that were entered within the last 10 years commits a Class A misdemeanor. [2003 c.338 §2]
Note:
See note under 167.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.506 - Recordkeeping requirements.

(1) When a person purchases more than 10 items of new and unused property for resale at an unused property market, the person shall maintain a record for two years after the date of purchase.
(2) The record required in subsection (1) of this section must contain:
(a) The date of the purchase of the new and unused property;
(b) The name and address of the person from which the new and unused property was purchased;
(c) A description and identification of the new and unused property; and
(d) The price paid for the new and unused property.
(3) A person shall, upon request, provide the record described in subsection (2) of this section for the purpose of inspection within a reasonable time.
(4)(a) A person who violates this section commits a Class C misdemeanor.
(b) A person who violates this section and who has one prior conviction under this section that was entered within the last 10 years commits a Class B misdemeanor.
(c) A person who violates this section and who has two or more prior convictions under this section that were entered within the last 10 years commits a Class A misdemeanor. [2003 c.338 §3]
Note:
See note under 167.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.508 - Exemptions from ORS 167.502 and 167.506.

(1) ORS 167.502 and 167.506 do not apply to a person who:
(a) Sells or exchanges new and unused property that was not produced or manufactured within the last five years as indicated by the style of the packaging or of the material itself;
(b) Sells by sample, catalog or brochure for future delivery; or
(c) Makes a sales presentation to a consumer who received an individualized invitation to attend the sales presentation prior to the sales presentation from an owner or legal occupant of the premises where the sales presentation takes place.
(2) The recordkeeping requirements in ORS 167.506 do not apply to:
(a) A person who sells or exchanges new and unused property at an event that is organized and operated:
(A) For the exclusive benefit of a community chest, a fund, a foundation, an association or a corporation; and
(B) For religious, educational or charitable purposes.
(b) A person who sells or exchanges motor vehicles or trailers that are subject to state vehicle registration requirements.
(c) A person who sells or exchanges new and unused property at a gun show as defined in ORS 166.432.
(d) A person who sells or exchanges new and unused property at a livestock auction market as defined in ORS 599.205. [2003 c.338 §4]
Note:
See note under 167.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.747 - Definitions for ORS 167.750 to 167.780.

As used in ORS 167.750 to 167.780:
(1) "Inhalant delivery system" has the meaning given that term in ORS 431A.175.
(2) "Tobacco products" has the meaning given that term in ORS 431A.175. [2017 c.701 §1]
Note:
167.747 to 167.780 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.750 - Definition for ORS 167.755 and 431A.175.

For purposes of ORS 167.755 and 431A.175, "allows to be sold" includes the negligent omission of an act by a manager or other person who supervises the retail sale of tobacco products or inhalant delivery systems, the commission of which would have prevented the distribution or sale of the tobacco products or inhalant delivery system. [2017 c.701 §5]
Note:
See note under 167.747.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.755 - Selling tobacco products or inhalant delivery systems to person under 21 years of age; penalties.

(1) A person commits the offense of selling tobacco products or inhalant delivery systems to a person under 21 years of age upon the occurrence of one of the following:
(a) The person knowingly distributes or sells, or allows to be sold, to a person under 21 years of age, tobacco products;
(b) The person knowingly distributes or sells, or allows to be sold, to a person under 21 years of age, an inhalant delivery system;
(c) If the person is a manager or other person who supervises the retail sale of tobacco products or inhalant delivery systems, the person is acting within the course and scope of the person’s employment and the person has supervisory authority over a person who violates paragraph (a) or (b) of this subsection; or
(d) If the person is an owner of a business that sells tobacco products or inhalant delivery systems at retail, a violation of paragraph (a) or (b) of this subsection occurs at the business.
(2)(a) Violation of subsection (1)(a) or (b) of this section is a specific fine violation punishable by a fine not to exceed $50.
(b) Violation of subsection (1)(c) of this section is a specific fine violation punishable by a fine not to exceed:
(A) $250 for the first or second violation; or
(B) $500 for the third or subsequent violation.
(c) Violation of subsection (1)(d) of this section is a specific fine violation punishable by a fine not to exceed:
(A) $500 for the first or second violation; or
(B) $1,000 for the third or subsequent violation. [2017 c.701 §2]
Note:
See note under 167.747.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.760 - Purchase or attempted purchase of tobacco products or inhalant delivery system by person under 21 years of age.

(1) Except as provided in subsection (2) of this section, a person under 21 years of age may not purchase or attempt to purchase tobacco products or an inhalant delivery system.
(2) A person under 21 years of age who is acting under the supervision of a person 21 years of age or older may, for the purpose of testing compliance with a federal, state or local law or retailer policy limiting or regulating the distribution or sale of tobacco products or inhalant delivery systems to persons who are under 21 years of age:
(a) Purchase or attempt to purchase tobacco products or an inhalant delivery system; and
(b) Enter or attempt to enter an establishment, or portion of an establishment, where tobacco products or inhalant delivery systems are sold and that is posted or otherwise identified as being prohibited to the entry of persons under 21 years of age. [2017 c.701 §4; 2021 c.179 §1; 2021 c.191 §3]
Note:
See note under 167.747.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.763 - Entry or attempted entry of premises by person under 21 years of age for purpose of assisting with investigation.

The prohibitions provided in ORS 471.430 (3) and 475C.317 (2) do not apply to a person who is under 21 years of age and who is acting under the direction of the Oregon Health Authority, the Oregon Liquor and Cannabis Commission, a local public health authority as defined in ORS 431.003, a city or a state or local law enforcement agency for the purpose of investigating possible violations of federal, state or local laws that prohibit the sale of tobacco products or inhalant delivery systems to persons under 21 years of age. [2021 c.191 §2]
Note:
See note under 167.747.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.765 - Retail store location of tobacco products or inhalant delivery systems; penalty.

(1) A person having authority over the location of tobacco products or inhalant delivery systems in a retail store may not locate the tobacco products or inhalant delivery systems in a location in the store where the tobacco products or inhalant delivery systems are accessible by store customers without assistance by a store employee.
(2) Violation of this section is a Class B violation. Each day that the person commits the violation constitutes a separate offense.
(3) This section does not apply to a person if the location at which the tobacco products or inhalant delivery systems are sold is a store or other establishment that prohibits persons under 21 years of age from entering the store or establishment. [Formerly 167.407]
Note:
See note under 167.747.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.770 - Display of sign; penalty.

(1) A person who sells tobacco products or inhalant delivery systems shall display a sign clearly stating that the sale of the tobacco products or inhalant delivery systems to persons under 21 years of age is prohibited by law.
(2) Failure to display a sign required by this section is a Class A violation. [2017 c.701 §3]
Note:
See note under 167.747.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.775 - Local regulation of vending machines.

Cities and counties by ordinance or resolution may not regulate vending machines that dispense tobacco products or inhalant delivery systems and that are in any manner accessible to persons under 21 years of age. [Formerly 167.404]
Note:
See note under 167.747.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.780 - Sale or dispensing of tobacco products or inhalant delivery systems by vending machine.

(1) As used in this section and ORS 167.775, "vending machine" means a device that, upon the insertion of tokens, money or another form of payment, dispenses tobacco products or inhalant delivery systems.
(2) A person may not sell or dispense tobacco products or inhalant delivery systems from a vending machine, except in an establishment where the premises are permanently and entirely off-limits to persons under 21 years of age as required by rules adopted by the Oregon Liquor and Cannabis Commission.
(3) A person who violates this section commits a Class B violation. Each day that the person commits the violation constitutes a separate offense. [Formerly 167.402; 2021 c.351 §6]
Note:
See note under 167.747.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.808 - Unlawful possession of inhalants.

(1) For the purposes of this section:
(a) "Inhalant" means any glue, cement or other substance that is capable of causing intoxication and that contains one or more of the following chemical compounds:
(A) Acetone;
(B) Amyl acetate;
(C) Benzol or benzene;
(D) Butane;
(E) Butyl acetate;
(F) Butyl alcohol;
(G) Carbon tetrachloride;
(H) Chloroform;
(I) Cyclohexanone;
(J) Difluoroethane;
(K) Ethanol or ethyl alcohol;
(L) Ethyl acetate;
(M) Hexane;
(N) Isopropanol or isopropyl alcohol;
(O) Isopropyl acetate;
(P) Methyl cellosolve acetate;
(Q) Methyl ethyl ketone;
(R) Methyl isobutyl ketone;
(S) Nitrous oxide;
(T) Toluol or toluene;
(U) Trichloroethylene;
(V) Tricresyl phosphate;
(W) Xylol or xylene; or
(X) Any other solvent, material, substance, chemical or combination thereof having the property of releasing toxic vapors or fumes.
(b) "Intoxication" means any mental or physical impairment or incapacity.
(2) It is unlawful for a person to possess any inhalant if the person intends to use the inhalant for the purpose of inducing intoxication in the person who possesses the inhalant or for the purpose of inducing intoxication in any other person.
(3) A person may not use any inhalant for the purpose of inducing intoxication in the person using the inhalant or for the purpose of inducing intoxication in any other person.
(4) The prohibitions of this section do not apply to any substance that:
(a) Has been prescribed by a health practitioner, as described in ORS 31.740, and that is used in the manner prescribed by the health practitioner; or
(b) Is administered or used under the supervision of a health practitioner, as described in ORS 31.740.
(5)(a) Any person who violates this section commits a violation. Violation of this section is a Class C violation. In addition to or in lieu of a fine, a juvenile court may require that a minor who engages in conduct prohibited by this section be provided with treatment and counseling.
(b) Notwithstanding paragraph (a) of this subsection, a second or subsequent violation of this section by a person is a Class B misdemeanor. If a juvenile court finds that a minor has engaged in conduct prohibited by this section on a second or subsequent occasion, the court shall require that the minor receive treatment and counseling. [1999 c.229 §1; 1999 c.1051 §322f; 2011 c.597 §81]
Note:
167.808 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.810 - Creating a hazard.

(1) A person commits the crime of creating a hazard if:
(a) The person intentionally maintains or leaves in a place accessible to children a container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside; or
(b) Being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of 12 inches or more, the owner intentionally fails or refuses to cover or fence it with a suitable protective construction.
(2) Creating a hazard is a Class B misdemeanor. [1971 c.743 §284]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.820 - Concealing the birth of an infant.

(1) A person commits the crime of concealing the birth of an infant if the person conceals the corpse of a newborn child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive.
(2) Concealing the birth of an infant is a Class A misdemeanor. [1971 c.743 §286]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.822 - Improper repair of a vehicle inflatable restraint system.

(1) A person commits the crime of improper repair of a vehicle inflatable restraint system if the person knowingly:
(a) Installs as part of a vehicle inflatable restraint system an object that is not designed in accordance with federal safety regulations for the make, model and year of the motor vehicle; or
(b) If requested to repair or replace a vehicle inflatable restraint system, fails to install an object that is required to make a vehicle inflatable restraint system comply with federal safety regulations for the make, model and year of the motor vehicle.
(2) Improper repair of a vehicle inflatable restraint system is a Class A misdemeanor. [2001 c.439 §1]
Note:
167.822 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.824 - Unlawful possession of undeployed air bags or air bag canisters.

(1) A person may not possess more than two undeployed air bags or air bag canisters containing sodium azide that have been removed from a vehicle. This subsection does not apply to motor vehicle dealers, automobile repair facilities or dismantlers certified under ORS 822.110.
(2) A violation of subsection (1) of this section is a Class C misdemeanor. [2005 c.514 §2; 2005 c.654 §13b]
Note:
167.824 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.830 - Employment of minors in place of public entertainment.

Except as provided in ORS 167.840, any person operating or conducting a place of public amusement or entertainment, who employs or allows a child under the age of 18 years to conduct or assist in conducting any public dance, including but not limited to dancing by the child as a public performance, or to assist in or furnish music for public dancing, commits a Class D violation. [1971 c.743 §292; 1987 c.905 §18; 1999 c.1051 §163]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.840 - Application of ORS 167.830 limited.

(1) ORS 167.830 does not apply if:
(a) Alcoholic beverages are not permitted to be dispensed or consumed in the place of public amusement or entertainment open to the individuals attending the public dance;
(b) Alcoholic beverages are not permitted to be dispensed or consumed in any place connected by an entrance to the place of public amusement or entertainment;
(c) Applicable laws, regulations and ordinances for the protection of children under the age of 18 years are observed in the conduct of the dance; and
(d) At least one responsible adult is present at all times during the public dance to see that applicable laws, regulations and ordinances for the protection of children under 18 years of age are observed.
(2) ORS 167.830 does not apply if the child has the written permission of the judge of the juvenile court, for the county in which the child resides, to conduct or assist in conducting the public dance. The judge of the juvenile court shall grant such permission only if:
(a) The parents or legal guardians of the child have consented to the child’s participation in such activity; and
(b) The judge has found that participation in such activity will not be inconsistent with the health, safety and morals of the child.
(3) This section is not intended to make lawful any activity that is prohibited within a political subdivision of this state by ordinance or other regulation of the political subdivision.
(4) The requirements of this section are in addition to, and not in lieu of, the requirements of ORS 653.315. [1971 c.743 §293]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.005 - Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800.

As used in ORS 169.005 to 169.685 and 169.730 to 169.800, unless the context requires otherwise:
(1) "Detainee" means a person held with no criminal charges.
(2) "Forced release" means temporary freedom of an adult in custody from lawful custody before judgment of conviction due to a county jail population emergency under ORS 169.046.
(3) "Juvenile detention facility" means a facility as described in ORS 419A.050 and 419A.052.
(4) "Local correctional facility" means a jail or prison for the reception and confinement of prisoners that is provided, maintained and operated by a county or city and holds persons for more than 36 hours.
(5) "Lockup" means a facility for the temporary detention of arrested persons held up to 36 hours, excluding holidays, Saturdays and Sundays, but the period in lockup shall not exceed 96 hours after booking.
(6) "Month" means a period of 30 days.
(7) "Prisoner" means a person held with criminal charges or sentenced to the facility.
(8) "Temporary hold" means a facility, the principal purpose of which is the temporary detention of a prisoner for four or less hours while awaiting court appearance or transportation to a local correctional facility. [1973 c.740 §1; 1979 c.487 §1; 1985 c.499 §4; 1993 c.33 §309; 2001 c.517 §1; 2019 c.213 §43]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.030 - Construction, maintenance and use of local correctional facilities by county and city; renting suitable structure; provision of facilities by another county or city.

(1) Every county and city in this state shall provide, keep and maintain within or without the county or city, as the case may be, a local correctional facility for the reception and confinement of prisoners committed thereto. The local correctional facility shall be constructed of fireproof materials and should have fire exits in sufficient number and suitably located for the removal of prisoners.
(2) Any county, or incorporated city may rent or lease any structure answering the requirements of subsection (1) of this section, either in connection with or separately from any other county or city building.
(3) Any county and any incorporated city may, by agreement, provide, maintain, and use for their separate requirements, such a local correctional facility as is required by this section.
(4) Any county or incorporated city may, by agreement with any other county or incorporated city, provide for one such county or city to furnish local correctional facility accommodations for the imprisonment of prisoners of the other such county or city. Pursuant to such agreement, an Oregon county or city may secure the use of jail accommodations outside the state, but only in a county that adjoins the Oregon county or the county in which the Oregon city is located.
(5) The jail accommodations provided by or furnished to a county under this section shall be considered to be jail accommodations of the county for purposes of ORS 135.215, 137.167 and 137.330. [Amended by 1963 c.236 §2; 1973 c.740 §10; 1987 c.550 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.040 - Inspection of local correctional facilities.

(1) The county court or board of county commissioners of each county is the inspector of the local correctional facilities in the county. The court or board shall visit local correctional facilities operated by the county at least once in each regular term and may visit local correctional facilities within the county that are not operated by the county. When the court or board visits a local correctional facility, it shall examine fully into the local correctional facility, including, but not limited to, the cleanliness of the facility and the health and discipline of the persons confined. If it appears to the court or board that any provisions of law have been violated or neglected, it shall immediately give notice of the violation or neglect to the district attorney of the district.
(2) The local health officer or the representative of the local health officer may conduct health and sanitation inspections of local correctional facilities on a semiannual basis. If the local health officer determines that the facility is in an insanitary condition or unfit for habitation for health reasons, the officer may notify the appropriate local governmental agency in writing of the required health and sanitation conditions or practices necessary to ensure the health and sanitation of the facility. If the local governmental agency does not comply with the required health and sanitation conditions or practices within an appropriate length of time, the local health officer may recommend the suspension of the operation of the local correctional facility to the local public health authority, as defined in ORS 431.003. If after a hearing the local public health authority finds that the local correctional facility is in an insanitary or unhealthful condition, it may suspend the operation of the facility until such time as the local correctional facility complies with the recommended health and sanitation conditions and practices. [Amended by 1973 c.740 §11; 2005 c.286 §1; 2015 c.736 §52]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.042 - Maximum facility population; recommendation.

The county court or board of commissioners of a county may institute an examination of the county’s local correctional facility for the purpose of obtaining a recommendation regarding the maximum number of adults in custody that should be held in the facility. This recommendation shall be based on consideration of the following:
(1) The advice of the district attorney, county counsel and sheriff concerning prevailing constitutional standards relating to conditions of incarceration;
(2) The design capacity of the local correctional facility;
(3) The physical condition of the local correctional facility; and
(4) The programs provided for adults in custody of the local correctional facility. [1989 c.884 §2; 2019 c.213 §121]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities › Section 169.044 - Action on recommendation.

When the county court or board has received a recommendation pursuant to ORS 169.042, it shall either:
(1) Reject the recommendation and decline to adopt a limit on the number of adults in custody that may be held in the local correctional facility; or
(2) Adopt the recommendation and, after consultation with the officials listed in ORS 169.046 (1), issue an order establishing the maximum allowable number of adults in custody that may be held in the local correctional facility. This shall include specific standards for determining a county jail population emergency and a specific plan for resolving the emergency. [1989 c.884 §3; 2019 c.213 §122]