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 333-015-0257 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Violations for
			 a retailer include the following acts or omissions by the retailer or their
			 designee:
(a) Selling or allowing to be sold
			 tobacco products or inhalant delivery systems to a person under 21 years of age
			 in violation of ORS 431A.175(2)(a)
			 or 21 USC
			 387f(d)(5). A violation of
			 this subsection occurs regardless of whether the retailer or their designee
			 knows the buyer was under the age of 21;
(b) Failing to post a notice substantially
			 similar to the following notice
: The sale of tobacco products and
			 inhalant delivery systems to persons under 21 years of age is prohibited by
			 law. Any person who sells, or allows to be sold, a tobacco product or inhalant
			 delivery system to a person under 21 years of age is in violation of Oregon
			 law.
Such notice shall be posted in a location that is clearly visible
			 to the seller and the purchaser;
(c) Selling, distributing, or allowing to be
			 sold an inhalant delivery system that does not comply with a labeling
			 requirement in OAR 333-015-0310  to 333-015-0320;
(d) Selling, distributing, or allowing to be
			 sold an inhalant delivery system that does not comply with packaging
			 requirements in OAR 333-015-0340  to 333-015-0360  to be child-resistant and not
			 attractive to minors;
(e) Selling,
			 distributing, or allowing to be sold cigarettes in any form other than a sealed
			 package that contains at least 20 cigarettes;
(f) Locating tobacco products or inhalant
			 delivery systems where they are accessible by store customers without
			 assistance by a store employee, unless persons under 21 years of age are
			 prohibited from entering the premises. Vending machines selling cigarettes,
			 smokeless tobacco or inhalant delivery systems, whether or not they are only
			 accessible to individuals over the age of 21, are prohibited;
(g) Selling or dispensing cigarettes,
			 smokeless tobacco or inhalant delivery systems from a vending machine, per ORS
			 180.441(2),
			 regardless of whether persons under 21 years of age are prohibited from
			 entering the premises;
(h) Selling
			 or distributing any quantity of smokeless tobacco or cigarette tobacco that is
			 smaller than the smallest package distributed by the manufacturer for
			 individual consumer use;
(i)
			 Selling flavored cigarettes, other than menthol;
(j) Offering, or causing to offer, gifts with
			 a cigarette or smokeless tobacco purchase;
(k) Distributing free samples of tobacco
			 products or inhalant delivery systems, except smokeless tobacco may be
			 distributed in an area where persons under the age of 21 are prohibited, as
			 described in ORS 180.486;
(l) Selling "light", "low" or "mild"
			 cigarettes;
(m) Selling misbranded
			 or adulterated tobacco products or inhalant delivery systems;
(n) Failing to display a tobacco retail
			 license;
(o) Operating without a
			 license;
(p) Failing to cooperate
			 with an inspection, which includes, but is not limited to, refusing access to
			 the premises, interference, a threat, or harassment that delays, impairs or
			 obstructs the Oregon Health Authority (Authority) or the local public health
			 authority (LPHA) from carrying out its inspection or other duties under these
			 rules;
(q) Failing to comply with
			 the requirement of OAR 333-015-0237  before selling or allowing to be sold a
			 tobacco product or inhalant delivery system to a person;
(r) Any other violation of state law or rule
			 or federal law or regulation that governs the wholesale or retail sale of
			 tobacco products or inhalant delivery systems for purposes related to public
			 health and safety.