reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0058 - Oregon Indoor Clean Air Act: Smoke Shop Ongoing Requirements for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 smoke shop must meet the renewal criteria described in OAR
			 333-015-0059  at all times. The Authority may revoke certification if the smoke shop fails to
			 meet the renewal criteria.
(2) Each
			 year, a smoke shop must submit to the Authority documentation of the smoke
			 shop's gross revenue for the past calendar year demonstrating that at least 75
			 percent of the smoke shop's gross revenue for the past calendar year is derived
			 from the sale of tobacco products or smoking instruments. The documentation
			 must be received by the Authority by April 30. The documentation submitted must
			 include:
(a) A notarized, sworn statement on
			 an Authority-provided form (available online or by calling the Tobacco
			 Prevention and Education Program) attesting:
(A) At least 75 percent of the smoke shop's
			 gross revenue is derived from the sale of tobacco products or smoking
			 instruments; and
(B) To the amount
			 of sales in each product category, including cigarette sales for smoke shops B
			 and smoke shops C that permit cigarette smoking on the premises.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0059 - Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Smoke shop Type
			 B Certifications and Type C Certifications are effective for five years. To
			 apply to renew a certification, the smoke shop must submit and the Authority
			 must receive a complete application including any supporting documentation at
			 least 60 days prior to the expiration of its current certification.
(2) To renew certification, smoke shop B must
			 submit the following to the Authority:
(a) A
			 complete renewal application form prescribed by the Authority (available online
			 or by calling the Tobacco Prevention and Education Program).
(b) A notarized, sworn statement attesting
			 that the smoke shop currently:
(A) Is
			 primarily engaged in the sale of tobacco products and smoking instruments
			 intended for off-premises consumption or use and derived at least 75 percent of
			 its gross revenue from such sales.
(B) Prohibits persons under 21 years of age
			 from entering the premises;
(C)
			 Does not offer video lottery games as authorized under ORS
			 461.217,
			 social gaming, or betting on the premises;
(D) Does not sell or offer food or beverages,
			 including alcoholic beverages, for on-premises consumption.
(E) Does not allow on-premises consumption of
			 alcoholic beverages;
(F) Allows the
			 smoking of cigarettes only if at least 75 percent of the gross revenues of the
			 business results from the sale of cigarettes.
(c) Documentation of the business's sales,
			 broken down by category of product;
(d) Either of the following:
(A) Documentation, such as a building map or
			 photographs, demonstrating that the business presently is a stand-alone
			 business with no other businesses or residential property attached;
			 or
(B) Documentation that the
			 business has a ventilation system that exhausts smoke from the business and is
			 designed and terminated in accordance with the state building code standards
			 for the occupancy classification in use or a current certificate of occupancy
			 and official documentation from the building authority with jurisdiction that
			 the business was approved as a smoking lounge;
(e) Evidence, such as photographs, of signs
			 required under OAR
			 333-015-0040.
(f) Any other documentation, as specified in
			 the application form, necessary to demonstrate compliance with the Act or these
			 rules.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0061 - Oregon Indoor Clean Air Act: Transfer of Ownership or Location

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A smoke shop B
			 or smoke shop C may apply to transfer ownership. Smoking is not permitted on
			 the premises of a smoke shop operating under different ownership until the
			 Authority issues an updated certification to the new owner in accordance with
			 this rule.
(2) To apply to transfer
			 to a new owner, the smoke shop B or smoke shop C must submit the following
			 documentation to the Authority:
(a) A
			 completed application for transfer of ownership on a form provided by the
			 Authority (available online or by calling the Tobacco Prevention and Education
			 Program) identifying the new proposed owner of the smoke shop;
(b) Registration with the Oregon Secretary of
			 State, Corporation Division where applicable; and
(c) A notarized, sworn statement attesting
			 that the business will continue to meet the certification renewal requirements
			 described in OAR
			 333-015-0059  under the new ownership.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0062 - Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer may
			 allow smoking in vehicles only when the vehicle is permanently assigned to a
			 single employee and no other employees, clients, or members of the public are
			 required or compelled to operate or otherwise occupy the vehicle.
(2) Nothing in these rules shall prevent an
			 employer from designating all vehicles as smokefree.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 -
				  433.870
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0064 - Oregon Indoor Clean Air Act: Outdoor Smoking Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The owner or entity in charge of a place
			 of business may establish an outdoor smoking, aerosolizing or vaporizing of
			 inhalants area if that area is:
(a) Not
			 within 10 feet of entrances, exits, windows that open, ventilation intakes that
			 serve an enclosed area of any public place or place of employment, or any
			 portion of an accessibility ramp;
(b) Not, at any time, an enclosed area; and
(c) In compliance with all other
			 state, city, and county codes.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0066 - Oregon Indoor Clean Air Act: Cigar Bars

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A business must apply to the Authority
			 for certification before allowing cigar smoking on its premises.
(2) A business must apply for certification
			 on a form prescribed by the Authority and include the following information and
			 documentation:
(a) A copy of the business's
			 full on-premises liquor sales license issued by the Oregon Liquor Control
			 Commission under ORS
			 471.175;
(b) A site map of the premises that denotes
			 maximum seating capacity and includes a detailed seating chart;
(c) A copy of the business's certificate of
			 occupancy and official documentation from the building authority with
			 jurisdiction that the business was approved as a smoking lounge;
(d) Using the form provided by the Authority,
			 proof that all employees have read and signed a document explaining the dangers
			 of exposure to secondhand smoke (this form is available online or by calling
			 the Tobacco Prevention and Education Program); and
(e) Documentation demonstrating to the
			 satisfaction of the Public Health Director that the cigar bar generated on-site
			 retail sales of cigars of at least $5,000 in the calendar year 2006.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0068 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  433.855  & OL 2017, Ch. 701
Statutes/Other Implemented: ORS
				  433.835  - 433.870 & OL 2017, Ch. 701
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0069

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  433.855
Statutes/Other Implemented: ORS
				  433.835  - 433.870
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0070 - Oregon Indoor Clean Air Act: Oregon Health Authority Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 shall maintain a system for receiving complaints, providing educational
			 materials, conducting site visits, and issuing notices of violation.
(2) The Authority shall:
(a) Upon request and satisfactory review,
			 certify cigar bars and smoke shops in accordance with these rules;
			 and
(b) Receive, respond to, and
			 investigate complaints of non-compliance with the Act and these rules.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0075 - Oregon Indoor Clean Air Act: Complaint Response

Current through Register Vol. 63, No. 7, July 1, 2024
The Authority or the LPHA shall respond to complaints as
				follows:
(1) Initial Complaint:
(a) The Authority or the LPHA shall assess
			 whether the site in question is required to be smoke, aerosol or vapor free
			 under the provisions of ORS
			 433.835 through
			 433.850.
(b) If the Authority or the LPHA determines
			 that the place of employment, or public place (or any portion thereof), is
			 required to be smoke, aerosol or vapor free, the Authority or the LPHA shall
			 send a letter ("initial response letter") to the place of employment, or public
			 place named in the complaint within 10 business days after receipt of the
			 complaint of violation. The letter shall contain notification that the
			 employer, or public place was reported as being in violation of the Act or
			 these rules, and information on whom to contact for further information and
			 assistance with compliance.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0078 - Oregon Indoor Clean Air Act: Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Violations of the ICAA include but are
			 not limited to the following:
(a) Smoking,
			 aerosolizing, vaporizing or carrying a lighted smoking instrument or inhalant
			 delivery systems in an area where smoking, aerosolizing, or vaporizing of
			 inhalants is prohibited.
(b) Cigar
			 or cigarette butts in an area where smoking is prohibited.
(c) Ashtrays or any receptacles intended for
			 use or used for depositing cigarette or inhalant delivery system debris in an
			 area where smoking is prohibited.
(d) Absence or insufficiency of signs that
			 are required under these rules.
(e)
			 Operating a cigar bar without valid certification from the Authority.
(f) Operating as a smoke shop without valid
			 certification from the Authority.
(g) Smoking of non-cigar tobacco products in
			 a cigar bar.
(h) Smoking,
			 aerosolizing or vaporizing instruments intended for use in an area where
			 smoking, aerosolizing or vaporizing of inhalants is prohibited.
(i) Non-compliance with any of the cigar bar
			 or smoke shop certification requirements set forth in the Act or these
			 rules.
(j) Smoking, aerosolizing or
			 vaporizing of inhalants or carrying a lighted smoking instrument or inhalant
			 delivery system within 10 feet of entrances, exits, windows that open,
			 ventilation intakes that serve an enclosed area of any public place or place of
			 employment, or any portion of an accessibility ramp.
(k) Ashtrays or any receptacles intended to
			 be used or used for depositing cigarette or inhalant delivery system debris
			 within 10 feet of entrances, exits, windows that open, ventilation intakes that
			 serve an enclosed area of any public place or place of employment, or any
			 portion of an accessibility ramp.
(l) Tables or outdoor seating or dining areas
			 not clearly marked as non-smoking, non-aerosolizing and non-vaporizing, within
			 10 feet of entrances, exits, windows that open, ventilation intakes that serve
			 an enclosed area of any public place or place of employment, or any portion of
			 an accessibility ramp.
(m) Failure
			 of an employer or entity in charge to cooperate in developing a remediation
			 plan.
(n) Failure of an employer,
			 entity in charge of a public place, a cigar bar or smoke shop to:
(i) Permit or cooperate with the Authority or
			 the LPHA inspection of all or any part of the premises;
(ii) Cooperate with the Authority or the LPHA
			 to develop a remediation plan.
(o) Failure of an employer to provide a
			 smoke, aerosol, or vapor free place of employment by permitting smoking,
			 aerosolizing or vaporizing of inhalants within 10 feet of the entrances, exits,
			 windows that open, and ventilation intakes that serve an enclosed
			 area.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0080 - Public Places which the Oregon Health Authority, Public Health Division Regularly Inspects

Current through Register Vol. 63, No. 7, July 1, 2024
If, in public places that the Authority regularly inspects and
				that are required to be smokefree under these rules, the Authority's inspector,
				during a regular inspection, notes a possible violation of ORS 433.835 through
				433.875 or these rules, the inspector shall report the violation to the
				Authority.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 -
				  433.870
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0082 - Public Places Regulated by Other State Agencies or Local Governments

Current through Register Vol. 63, No. 7, July 1, 2024
If, during the course of an inspection of a public place that
				is regulated by the State of Oregon or a local government, an inspector notes a
				possible violation of ORS 433.835 through 433.875 or these rules, the inspector
				may report the possible violation to the Authority.
Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 -
				  433.870
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0085 - Oregon Indoor Clean Air Act: Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
The Authority may impose a civil penalty of up to $500 per day
				for any violation of the ICAA or these rules. The civil penalty amount for
				common violations is imposed according to the following schedule:
(1) $500 for violations of OAR
			 333-015-0078(1)(a)
			 (c), (e), (f), (g), (i) and (n).
(2) $300 for the first violation of OAR
			 333-015-0078(1)(b),
			 (d), (h), (j), (k), (l), (m) and
			 (o).
(3) $500 for the second violation of OAR
			 333-015-0078(1)(a),
			 (c), (e), (f), (g), (i) and (n).
(4) $400 for the second violation of OAR
			 333-015-0078(1)(b),
			 (d), (h), (j), (k), (l), (m) and
			 (o).
(5) $500 for the third and any subsequent
			 violations of OAR
			 333-015-0078(1)(a)
			 through (o).
Statutory/Other Authority: ORS
				  433.855
Statutes/Other Implemented: ORS
				  433.835  - 433.870
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0100 - Authority and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules are adopted pursuant to the authority granted the Oregon Health
			 Authority, Public Health Division in ORS 616.575.
(2) The purpose of the Oregon Menu Labeling
			 Act is to provide consumers with basic nutrition information about prepared
			 food sold at chain restaurants.
Stat. Auth.: ORS 616.575
Stats. Implemented: ORS 616.555 -
				  616.570
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR
				333-015-0100 through
				333-015-0165,
				the following definitions shall apply:
(1) "Act" means the Oregon Menu Labeling Act
			 as it appears in 2009 Oregon Laws, chapter 314 (House Bill 2726).
(2) "Alcoholic beverage" means any liquid or
			 solid containing more than one-half of one percent alcohol by volume and
			 capable of being consumed by a human being.
(3) "Calorie and nutrient database" means a
			 commercial computer application or a raw nutrient database that is based on
			 United States Department of Agriculture's (USDA) National Nutrient Database for
			 Standard Reference.
(4)
(a) "Chain restaurant" means a restaurant
			 that is located in Oregon that:
(A) Is a part
			 of an affiliation of 15 or more restaurants within the United States;
(B) Sells standardized menu items that
			 constitute 80 percent or more of the menu items served in the restaurant and at
			 least 14 of the other affiliated restaurants; and
(C) Operates under a trade name or service
			 mark, both as defined in ORS 647.005, which is identical or substantially
			 similar to the trade names or service marks of the affiliated
			 restaurants.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0110 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 chain restaurant shall accurately ascertain and make available on site, and in
			 written format, the typical nutrient values for each menu item and combination
			 meal menu item, as the item is usually prepared and offered for sale on menus,
			 menu boards and food tags, including condiments routinely added to a menu item
			 as part of a standard recipe:
(a) Total
			 calories;
(b) Total grams of
			 saturated fat;
(c) Total grams of
			 trans fat;
(d) Total grams of
			 carbohydrates; and
(e) Total
			 milligrams of sodium.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0115 - Written Formats for Nutrition Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Chain restaurants must provide nutrition
			 information in one or more of the following formats:
(a) A printed menu;
(b) A printed menu insert; or
(c) A brochure or printed handout.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0120 - Nutrition Labeling of Variable Menu Items

Current through Register Vol. 63, No. 7, July 1, 2024
For variable menu items, the chain restaurant shall provide
				required nutrition information as follows:
(1) If both the highest and lowest value of
			 the variable menu item is within 0 to 10 percent of the median value, the
			 median value alone of the required nutrition information may be
			 listed.
(2) If both the highest and
			 lowest value of the variable menu item is within 11 to 20 percent of the median
			 value, the range of values of the required nutrition information must be
			 listed.
(3) If neither section (1)
			 or (2) of this rule applies, each flavor or variety of the menu item must be
			 listed as a separate menu item and accompanied by required nutrition
			 information.
(4) In lieu of
			 sections (1) through (3) of this rule, each flavor or variety of a menu item
			 may be listed as a separate menu item and accompanied by required nutrition
			 information.
Stat. Auth.: 2009 OL Ch. 314
Stats. Implemented: 2009 OL Ch.
				  314
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0125 - Nutrition Labeling of Combination Meal Menu Items

Current through Register Vol. 63, No. 7, July 1, 2024
Labeling of combination meal menu items is not required as long
				as typical nutrient values are provided for the individual food products or
				menu items that comprise the combination meal menu item.
Stat. Auth.: 2009 OL Ch. 314
Stats. Implemented: 2009 OL Ch.
				  314
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0130 - Nutrition Information for Shared Menu Items or Shared Combination Meal Menu Items

Current through Register Vol. 63, No. 7, July 1, 2024
Nutrition information for menu items or combination meal menu
				items intended to serve multiple individuals must state the number of
				individuals intended to be served by the menu items or combination meal menu
				items and the total typical nutrient values per individual
				serving.
Stat. Auth.: 2009 OL Ch. 314
Stats. Implemented: 2009 OL Ch.
				  314
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0135 - Acceptable Methods for Determining Typical Nutrient Values for Required Nutrition Information

Current through Register Vol. 63, No. 7, July 1, 2024
A chain restaurant must utilize one of the following methods
				for determining typical nutrient values for menu items and combination meal
				menu items:
(1) Calorie and nutrient
			 databases as that term is defined in OAR
			 333-015-0105;
(2) Verifiable reference values as that term
			 is defined in OAR
			 333-015-0105;
(3) Laboratory testing as that term is
			 defined in OAR
			 333-015-0105;
			 and
(4) Government standards as
			 that term is defined in OAR
			 333-015-0105.
Stat. Auth.: 2009 OL Ch. 314
Stats. Implemented: 2009 OL Ch.
				  314
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0140 - Verifiable and Accurate Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A chain restaurant may not make available
			 to customers any typical nutrient values that are substantially inaccurate or
			 that the restaurant knows or should know to be false or misleading.
(2) A chain restaurant may be found by the
			 Oregon Public Health Division to have substantially inaccurate nutrient values
			 if the chain restaurant failed to use one (or more) of the acceptable methods
			 for determining nutrient values described in these rules.
Stat. Auth.: 2009 OL Ch. 314
Stats. Implemented: 2009 OL Ch.
				  314
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0145 - Nutrition Information for Self-Service Items

Current through Register Vol. 63, No. 7, July 1, 2024
For menu items offered in a buffet, salad bar or other
				self-service area, nutrition information within a chain restaurant must specify
				-- The typical nutrient values for an individual serving including:
(1) The size of an individual serving
			 expressed in standard weights and measures; and
(2) The size of an individual serving
			 expressed in relation to the utensil provided by the chain restaurant for
			 serving that item or the individual servings as prepared or displayed by the
			 chain restaurant.
Stat. Auth.: 2009 OL Ch. 314
Stats. Implemented: 2009 OL Ch.
				  314
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0150 - Trans Fat

Current through Register Vol. 63, No. 7, July 1, 2024
A restaurant shall follow U.S. Food and Drug Administration
				(FDA) guidelines for labeling trans fat. This means that trans fat does not
				have be listed if the total trans fat in the food is less than 0.5 grams per
				labeled serving, and the chain restaurant makes no claims regarding fat, fatty
				acids or cholesterol content.
Stat. Auth.: 2009 OL Ch. 314
Stats. Implemented: 2009 OL Ch.
				  314
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0155 - Rounding Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Chain restaurants may round numerical values as follows, except
				for typical nutrient values for alcoholic beverages:
(1) Total calories values:
(a) For values above 50 calories, the
			 disclosed value shall be rounded to the nearest value evenly divisible by
			 10.
(b) For values equal to or less
			 than 50 calories, the disclosed value shall be rounded to the nearest value
			 evenly divisible by five.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0160 - Alcoholic Beverages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Chain
			 restaurants must provide nutrition information for alcoholic beverages offered
			 on a menu, menu board or food tag for more than 90 days. Nutrition information
			 for alcoholic beverages must be based on the following typical nutrient values
			 for alcohol:
(a) For wine, 122 calories, 4
			 grams of carbohydrate and 7 milligrams of sodium per 5-ounces;
(b) For beer, other than light beer, 153
			 calories, 13 grams of carbohydrates and 14 milligrams of sodium per
			 12-ounces;
(c) For light beer, 103
			 calories, 6 grams of carbohydrates and 14 milligrams of sodium per
			 12-ounces;
(d) For distilled
			 spirits, 96 calories per 1.5 ounces; and
(e) For mixed drinks or drinks that are a
			 combination of wine, beer, or distilled spirits and one or more additional
			 ingredients, chain restaurants must provide the total typical nutrient value
			 for the mixed drink using the values for alcohol in OAR
			 333-015-0160(1),
			 combined with the typical nutrient values for other ingredients based on
			 acceptable methods for determining typical nutrient values under
			 333-015-0135(1).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0165 - Disclaimers and Additional Nutrition Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Chain restaurants may publish truthful
			 disclaimers, notifying customers that there may be variations in nutrient
			 content across servings, due to differences in preparation, inconsistent
			 service sizes, ingredients, or custom orders.
(2) Chain restaurants may publish truthful
			 additional nutrition information for menu items including but not limited to
			 cholesterol, fiber, sugar, protein, calcium, iron, vitamin C, vitamin A, and
			 allergens.
(3)
(a) Chain restaurants may publish a statement
			 providing information about the recommended daily intake amounts for calories,
			 saturated fat and sodium as follows:
(b) "Recommended limits for a 2,000 calorie
			 daily diet are 20 grams of saturated fat and 1,700 milligrams of
			 sodium."
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0200

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  431A.175,
				  431A.183  & OL 2017, Ch. 701
Statutes/Other Implemented: ORS
				  431A.175,
				  431A.183  & OL 2017, Ch. 701
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0202 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Purpose and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of licensing tobacco retailers is to promote
				compliance and improve enforcement of local ordinances and rules, state laws
				and rules and federal laws and regulations that govern the retail sale of
				tobacco products and inhalant delivery systems.
Statutory/Other Authority: ORS
				  431A.192, ORS
				  431A.218 & ORS
				  413.042
Statutes/Other Implemented: ORS
				  431A.190-431A.220, ORS
				  431.110 & ORS
				  431.141-431.144
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0205

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  431A.175  & 431A.183
Statutes/Other Implemented: ORS
				  431A.175,
				  431A.183  & OL 2017, Ch. 701
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0207 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to these rules unless the
				context indicates otherwise:
(1)
			 "Annual Oregon Health Authority license application fee" or "annual Authority
			 license application fee" means the fee adopted by the Authority in OAR
			 333-015-0227  to be paid by a retailer of tobacco products or inhalant delivery
			 systems at the time that the retailer submits an application under OAR
			 150-323-0500.
(2) "Authority" means
			 the Oregon Health Authority.
(3)
			 "Department" means the Oregon Department of Revenue.
(4) "Department of Revenue fee" means the
			 annual fee adopted by the Department to be paid by a retailer at the same time
			 the annual Authority license application fee is paid.
(5) "Designee" means the agent, or employee
			 of the retailer.
(6)
(a) "Inhalant delivery system" means:
(A) A device that can be used to deliver
			 nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling
			 from the device; or
(B) A component
			 of a device described in this subsection or a substance in any form sold for
			 the purpose of being vaporized or aerosolized by a device described in this
			 subsection, whether the component or substance is sold separately or is not
			 sold separately.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0210

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  163.575,
				  167.400,
				  167.402,
				  167.407,
				  431A.175  & 431A.183
Statutes/Other Implemented: 431A.183 & OL 2017, Ch. 701
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0212 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Oregon Health Authority Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Health Authority shall:
(1) Ensure that state standards established
			 by state laws or rules, and federal standards established by federal laws or
			 regulations, regarding regulation of the retail sale of tobacco products and
			 inhalant delivery systems, are administered and enforced consistently
			 throughout the state;
(2) Maintain
			 a system for receiving and responding to public complaints, providing
			 educational materials, conducting inspections, and issuing notices of
			 violation;
(3) Provide technical
			 assistance to LPHAs regarding the regulation of the retail sale of tobacco
			 products and inhalant delivery systems; and
(4) Assess the effectiveness of state and
			 local programs for regulating the retail sale of tobacco products and inhalant
			 delivery systems.
Statutory/Other Authority: ORS
				  431A.218 & ORS
				  413.042
Statutes/Other Implemented: ORS
				  431A.190-431A.220, ORS
				  431.110 & ORS
				  431.141-431.144
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0215

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  431A.178,
				  431A.180  & 431A.183
Statutes/Other Implemented: ORS
				  431A.178,
				  431A.180,
				  431A.183  & OL 2017, Ch. 701
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0217 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: LPHA Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An LPHA may:
(a) Enforce an ordinance adopted
			 by the local jurisdiction regulating the retail sale of tobacco products and
			 inhalant delivery systems for purposes related to public health and
			 safety;
(b) Administer and enforce
			 standards established by state laws or rules regarding regulating the retail
			 sale of tobacco products and inhalant delivery systems;
(c) Educate tobacco retailers on local,
			 state, and federal laws and standards regulating the retail sale of tobacco
			 products and inhalant delivery systems.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0220 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  431A.183
Statutes/Other Implemented: ORS
				  431A.183  & OL 2017, Ch. 701
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0222 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Licensing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 retailer shall obtain a tobacco retail license annually from the Department,
			 per processes laid out in OAR 150-323-0500.
(2) This does not include retailers that have
			 obtained a license from a city or county authorized pursuant to an ordinance
			 approved under ORS 431A.220.
(3)
			 These licensing procedures do not apply to retailers located on reservation or
			 tribal trust land of a federally recognized Indian tribe.
Statutory/Other Authority: ORS 431A.218
Statutes/Other Implemented: ORS
				  431A.190-431A.220
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0227 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Annual Oregon Health Authority License Application Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The annual Authority license application
			 fee shall be reasonably calculated to pay the expenses of license
			 administration and enforcement, including but not limited to retailer
			 education, inspection and compliance checks, investigation of violations and
			 enforcement actions against violators.
(2) The annual Authority license application
			 fee for applications effective on or after January 1, 2022, is $723. The
			 Authority shall review the fee amount annually.
(3) Upon issuance by the Department of a
			 tobacco retail license to a retailer, the annual Authority license application
			 fee is nonrefundable. If the Department denies an initial or renewal
			 application for a tobacco retail license, and that denial becomes final, then
			 the Department will refund the annual Authority license application
			 fee.
Statutory/Other Authority: ORS 431A.210
Statutes/Other Implemented: ORS
				  431A.190-431A.220
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0232 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Education and Outreach

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As part of
			 program administration, the Authority or the LPHA shall provide educational
			 resources to retailers to support compliance with state and federal laws, rules
			 and regulations regulating the retail sale of tobacco products and inhalant
			 delivery systems.
(2) Educational
			 materials may be made available in a retailer's preferred language upon
			 request.
Statutory/Other Authority: ORS 431A.218
Statutes/Other Implemented: ORS
				  431A.190-431A.220
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0237 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Identification for Purchasing Tobacco Products or Inhalant Delivery Systems

Current through Register Vol. 63, No. 7, July 1, 2024
A retailer, or their designee, is responsible for ensuring that
				all sales of tobacco products or inhalant delivery systems to any person under
				30 years of age are verified by means of photographic identification containing
				the bearer's date of birth by verifying their age by means of one of the
				following pieces of photo identification:
(1) The person's passport issued by the
			 United States or a foreign government;
(2) The person's motor vehicle operator's
			 license issued by this state or another state of the United States;
(3) An identification card issued under ORS
			 807.400;
(4) A United States military identification
			 card;
(5) An identification card
			 issued by a federally recognized Indian tribe; or
(6) Any other identification card issued by a
			 state or territory of the United States that bears a picture of the person, the
			 name of the person, the person's date of birth and a physical description of
			 the person.
Statutory/Other Authority: ORS
				  431A.218, ORS
				  167.755, ORS
				  431A.175, ORS
				  431A.183, ORS
				  413.042, ORS
				  431.110, ORS
				  431.141-431.144, ORS
				  167.750, 21 CFR § Part
				  1100, 1140 & 21 USC
				  387,
				  387a,
				  387f
Statutes/Other Implemented: ORS
				  167.755, ORS
				  431A.175, ORS
				  431A.183 & ORS
				  431A.190-431A.220
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0242 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Compliance Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon Health Authority (Authority) or the local public health authority (LPHA)
			 shall conduct annual unannounced inspections of retailers to ensure compliance
			 with, and to enforce, state laws and rules and federal laws and regulations
			 that govern the retail sale of tobacco products or inhalant delivery systems
			 for purposes related to public health and safety. Inspections shall check
			 compliance for any of the violations listed in OAR 333-015-0257  other than
			 subsection (1)(a).
(2) Inspections
			 may take place:
(a) Only in areas open to the
			 public;
(b) Only during the hours
			 that tobacco products or inhalant delivery systems are distributed or sold;
			 and
(c) No more frequently than
			 once a month in any single premises unless a compliance problem exists or is
			 suspected. If there is more than one location on the premises where tobacco
			 products or inhalant delivery systems are sold, the Authority or the LPHA may
			 conduct inspections at each location.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0247 - Retail Sales of Tobacco Products and Inhalant Delivery Systems: Minimum Legal Sales Age Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon Health Authority (Authority) or the local public health authority (LPHA)
			 shall conduct annual random, unannounced inspections of retailers to ensure
			 compliance with, and to enforce, the laws and rules designed to discourage the
			 sale of tobacco products and inhalant delivery systems to persons under 21
			 years of age.
(2) Inspections may
			 take place:
(a) Only in areas open to the
			 public;
(b) Only during the hours
			 that tobacco products or inhalant delivery systems are distributed or sold;
			 and
(c) No more frequently than
			 once a month in any single premises unless a compliance problem exists or is
			 suspected. If there is more than one location on the premises where tobacco
			 products or inhalant delivery systems are sold, the Authority or the LPHA may
			 conduct inspections at each location.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0252 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Complaint Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon Health Authority (Authority) or the local public health authority (LPHA)
			 may also conduct inspections described in OAR 333-015-0242  and OAR 333-015-0247  upon receipt of a valid complaint.
(2) Cooperation with inspection. The
			 retailer, or their designee, shall permit the Authority or the LPHA access to
			 the business, in order to determine compliance with these rules.
Statutory/Other Authority: ORS
				  431A.218, ORS
				  167.755, ORS
				  167.765, ORS
				  167.770, ORS
				  167.780, ORS
				  431A.175, ORS
				  431A.178, ORS
				  431A.183 & ORS
				  413.042
Statutes/Other Implemented: ORS
				  167.755, ORS
				  167.765, ORS
				  167.770, ORS
				  167.780, ORS
				  431A.175, ORS
				  431A.178, ORS
				  431A.183, ORS
				  431A.190-431A.220, ORS
				  431.110 & ORS
				  431.141-431.144
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 15 - INDOOR CLEAN AIR ACT, NUTRITIONAL INFORMATION AT CHAIN RESTAURANTS AND RETAIL SALE OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS › Section 333-015-0262 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Civil Penalties for Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon Health Authority (Authority) may impose a civil penalty not exceeding
			 $5000 for each violation described in OAR 333-015-0257. A retailer may be
			 subject to multiple civil penalties at a single inspection if the Authority or
			 the local public health authority (LPHA) finds multiple violations of different
			 rules or multiple instances of violations of the same rule. Each instance of a
			 violation of a different requirement, obligation, prohibition, rule, statute,
			 or regulation is a separate and distinct violation subject to the increasing
			 penalty schedule described in section (2) of this rule.
(2) The Authority may impose civil penalties
			 against a retailer according to the following schedule:
(a) $1000 for the first violation in the
			 review period. In addition to issuing a civil penalty for the first violation,
			 within 90 days the retailer shall read the retailer manual available from the
			 Authority.
(b) $2000 for the second
			 violation of the same subsection of OAR 333-015-0257  within the review
			 period.
(c) $3500 for the third
			 violation of the same subsection of OAR 333-015-0257  within the review
			 period.
(d) $5000 for the fourth or
			 any subsequent violation of the same subsection of OAR 333-015-0257  within the
			 review period.