Oregon Revised Statutes
As used in this chapter, unless the context requires otherwise: “Advertising” or “advertisement” means any public notice or announcement of commodities for sale, services to be performed, equipment or facilities for hire, or any other thing offered to the public, via publishing or broadcasting media or by signs, banners, posters, handbills, labels or simila…
It is the express intent and purpose of ORS 618.010 to 618.246 and 618.991 to establish statutory authority for the administration, regulation and enforcement of weights and measures requirements generally within this state. The objectives of state supervision of weights and measures under ORS 618.010 to 618.246 include the following: Ensuring that weights …
The Director of Agriculture shall: Maintain custody of the state standards of weight and measure and of the other standards and equipment provided for by ORS 618.010 to 618.246; Keep accurate records of all standards and equipment; Exercise general supervision over the weights and measures sold or offered for sale or in use in this state; and Report to t…
Except for rulemaking, the duties and powers of the State Department of Agriculture and the Director of Agriculture pursuant to ORS 618.010 to 618.246 may be delegated at the discretion of the director.
The State Department of Agriculture is authorized to make any rules necessary to carry out ORS 618.010 to 618.246, but in making such rules the department shall consider so far as is practicable and desirable the requirements established by other states and by authority of the United States. Such rules shall govern the use or application of weights and measu…
The State Department of Agriculture may utilize, for all commercial purposes in this state, either that system of weights and measures customarily used in the United States or the metric system of weights and measures. In prescribing the basic units of weight and measure, tables of weight and measure, weight and measure equivalents, specifications, tolerance…
Standards of weight and measure that are traceable to the United States prototype standards and that are supplied by the federal government or that are otherwise approved as being satisfactory by the National Institute of Standards and Technology shall be the state’s primary standards of weight and measure. The state primary standards shall be kept in a saf…
The state shall supply secondary standards and such other equipment as is necessary to carry out ORS 618.010 to 618.246. Such standards shall be verified, by comparison with the state primary standards prescribed in ORS 618.041, upon their initial receipt and thereafter as often as the State Department of Agriculture considers necessary.
The State Department of Agriculture by rule shall prescribe the specifications, tolerances and other technical requirements applicable to commercial weights and measures within this state. In so doing the department shall take cognizance of those uniform requirements recommended by the National Institute of Standards and Technology and published in appropria…
The State Department of Agriculture may inspect and test, to ascertain if they are correct, all weights and measures sold, offered or exposed for sale. The department may, as often as it considers necessary, cause to be inspected and tested, to ascertain if they are correct, all weights and measures commercially used for one or more of the following purposes…
The State Department of Agriculture shall, from time to time, test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the Legislative Assembly, and report its findings in writing to the supervisory board or to the executive officer of the institution c…
The State Department of Agriculture shall investigate complaints made to it concerning violations of ORS 618.010 to 618.246 and, upon its own initiative, shall conduct such investigations as it considers appropriate to develop information relating to prevailing procedures in commercial quantity determination and relating to possible violations of ORS 618.010…
When necessary for the enforcement of ORS 618.010 to 618.246, or rules promulgated pursuant thereto, the State Department of Agriculture is: Authorized to enter during normal business hours any premises, including buildings or mobile facilities, where commercial transactions are conducted, commodities are located, or weights and measures are employed. If su…
The State Department of Agriculture shall approve for use such weights and measures as it finds upon inspection and test to be correct, as provided in ORS 618.051, and shall reject such weights and measures as it finds upon inspection or test to be incorrect, as provided in ORS 618.051, but which in its best judgment are susceptible of satisfactory repair. …
The owner of weights and measures rejected pursuant to ORS 618.076 shall cause such weights and measures to be made correct within the time specified by the State Department of Agriculture or may dispose of such weights and measures in such manner as is authorized by the department. Weights and measures that have been rejected shall not again be used commerc…
The State Department of Agriculture is authorized to issue stop-use orders, hold orders and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue hold orders and removal orders with respect to packages or amounts of commodities sold, offered or exposed for sale, or in process of delivery, whenever…
A security seal shall be affixed to any adjustment mechanism, readout compensator, primary indicator, or retainer to prevent removal of a measurement element, in such manner as the State Department of Agriculture by rule may prescribe, on all commercial weights and measures.
No person shall: Use, or have in the possession of the person for the purpose of using for any commercial purpose specified in ORS 618.056, sell, offer or expose for sale or hire, or have in the possession of the person for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used or intended for use to falsify any we…
For the purposes of ORS 618.010 to 618.246, proof of the existence of a weight or measure or a weighing or measuring instrument or device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on is presumptive proof of the regular use of such weight or measure or weighing or measur…
In addition to the authority otherwise granted to the State Department of Agriculture to inspect and test weighing or measuring instruments or devices, the department may, at the request of an owner or user thereof, inspect and test weighing or measuring instruments or devices to ascertain if they are correct. As authorized by ORS 618.031 (2)(e), the departm…
LICENSING OF COMMERCIALLY OPERATED WEIGHING OR MEASURING INSTRUMENTS
No person shall operate or use for commercial purposes within the state any weighing or measuring instrument or device specified in ORS 618.141 that is not licensed in accordance with the requirements of ORS 618.010 to 618.246 unless exempted as provided in ORS 618.126. Any license issued under ORS 618.010 to 618.246 applies only to the instrument or device …
Commercial weighing or measuring instruments or devices specified in ORS 618.141 are exempt from the licensing requirements in ORS 618.121 if any of the following apply: Ownership and use of the instrument or device is limited to federal, state or local government agencies in the performance of official functions. The instrument or device is of a readily p…
The licenses required by ORS 618.010 to 618.246 are in addition to any other licenses required by law. If ORS 618.010 to 618.246 and 618.991 are in conflict with any other statutes, ordinances or regulations, the provisions of ORS 618.010 to 618.246 and 618.991 take precedence.
The license fee for each type or class of commercial weighing or measuring instrument or device shall be established by the State Department of Agriculture in an amount not to exceed the maximum limits under ORS 618.141. Such fees shall be established in the amounts necessary for the department to carry out and enforce the provisions of ORS 618.010 to 618.24…
The license fees established pursuant to ORS 618.136 for commercial weighing or measuring instruments or devices may not exceed the following: ______________________________________________________________________________ Discrete Weighing Devices Maximum (Manufacturer’s rated capacity) Fee Not over 400 pounds $ 68 Over 400 pounds, but not over 1,160 p…
All weighing and measuring instrument or device licenses issued under ORS 618.010 to 618.246 expire on June 30 next after the date of issuance or on such date as may be specified by rule of the State Department of Agriculture. In accordance with the provisions of ORS chapter 183, any license issued under ORS 618.010 to 618.246 may be suspended or revoked by…
The owner or person in possession of weighing or measuring instruments or devices for which the license fees have not been paid in the manner required by ORS 618.010 to 618.246 may not use the weighing or measuring instruments or devices for commercial purposes.
The State Department of Agriculture shall prescribe such forms, certificates and identification tags as it considers necessary to carry out the licensing provisions of ORS 618.010 to 618.246. The department shall provide a certificate or other evidence of device license compliance to each person fulfilling the weighing or measuring device licensing requirem…
When weighing or measuring instruments or devices specified in ORS 618.141 are in commercial use and a valid license for such instruments or devices has not been procured by the owner or operator thereof, the State Department of Agriculture after giving notice of such requirements to the owner or operator is authorized to prohibit the further commercial use …
COMMODITY SALES REGULATIONS
The State Department of Agriculture, as often as necessary to provide adequate protection, shall weigh or measure and inspect packages or amounts of commodities sold, offered or exposed for sale, or in the process of delivery, to determine whether they contain the amounts represented and whether they are sold, offered or exposed for sale in accordance with O…
Commodities in liquid form shall be sold only by liquid measure or weight and, except as otherwise provided in ORS 618.010 to 618.246, commodities not in liquid form shall be sold only by weight, measure of length or area, or count. However, liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods…
Except as otherwise provided in ORS 618.010 to 618.246 and the rules promulgated pursuant thereto, any commodity in package form introduced, delivered for introduction into or received in intrastate commerce and sold, offered or exposed for sale in intrastate commerce shall bear on the outside of the package definite, plain and conspicuous declarations of: …
In addition to the declarations required by ORS 618.211, any commodity in package form which is one of a lot containing random weights, measures or counts of the same commodity and which states the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the corresponding price per unit of weight, me…
No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may be prescribed for the commodity by the State Department of Agriculture.
Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the quantity of contents of the package as is required to appear on the package. If the applicable law requires a dual declarati…
The word “weight” when referring to the quantity of any commodity means net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed.
Whenever any commodity or service is sold, offered or exposed for sale, by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted or labeled price per unit of weight, measure or count inclu…
In the case of sales to or by retail outlets including restaurants, hospitals, boarding houses and similar institutions, sales of commodities in bulk form whose value exceeds $10 shall be accompanied by a printed or written delivery ticket or invoice bearing the following information: Name and address of the vendor and the purchaser. Date and place of the …
Except for immediate consumption on the premises where sold, or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all poultry, or parts thereof, meat, meat products, fish and seafood, sold, offered or exposed for sale as food, shall be sold, offered or exposed for sale by weigh…
RAILROAD TRACK SCALE REGULATION
All railroad track scales within this state used to weigh cars, commodities or freight offered for shipment shall be under the jurisdiction of the Director of Agriculture and subject to inspection by the State Department of Agriculture. The department may also test other track scales. The department shall, from time to time, test and inspect all such scales…
LICENSING LAW ENFORCEMENT
As used in this section: “Deputy state sealer” means the person appointed by the Director of Agriculture to supervise the weights and measures section. “Inspector” means a state employee designated by the director as a supervisor or inspector of weights and measures. In enforcing violations subject to penalty under ORS 618.991, the director has authority …
SECURITY SEAL ENFORCEMENT
As used in ORS 618.501 to 618.551 and 618.995, unless the context requires otherwise: “Appropriate court” means the circuit court of a county: Where one or more of the defendants reside; Where one or more of the defendants maintain a principal place of business; Where one or more of the defendants are alleged to have committed a security seal violation; …
A prosecuting attorney who has probable cause to believe that a person is committing or has committed a security seal violation may bring suit in the name of the State of Oregon in the appropriate court to restrain such person from committing the alleged violation. Before filing a suit under subsection (1) of this section, the prosecuting attorney shall in …
The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of a security seal violation, or as may be necessary to insure cessation of such violations, pursuant to ORS 618.506.
Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of a willful security seal violation may bring an individual action in an appropriate court to recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive d…
When it appears to the prosecuting attorney that a person has committed or is committing a security seal violation, the attorney may execute in writing and cause to be served an investigative demand upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged violation. The investigative demand shall …
Service of an investigative demand under ORS 618.521 shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made in the following manner: By personal service outside this state; By registered or certified mail to the last-known place of business, residence or …
If any person after being served with an investigative demand under ORS 618.526, fails to obey an investigative demand issued by the prosecuting attorney, the prosecuting attorney may, after notice, apply to an appropriate court and, after hearing thereon, request an order: Granting injunctive relief to restrain the person from engaging in the conduct of an…
Upon petition by the prosecuting attorney, the court may, in its discretion, order suspension or forfeiture of the license for any liquid or gaseous metering instrument or device operated in violation of the terms of any injunction issued under ORS 618.506.
A district attorney shall make a full report to the Attorney General of any action, suit, or proceeding prosecuted by such district attorney under ORS 618.506 to 618.541 and 618.995, including the final disposition of the matter, and shall file with the Attorney General copies of all assurances of voluntary compliance accepted under ORS 618.506.
The remedies provided in ORS 618.506 to 618.541 and 618.995 are in addition to all other remedies, civil or criminal, existing at common law or under the laws of this state.
PENALTIES
Violation of ORS 618.086, 618.096, 618.121 or 618.201 is a Class B misdemeanor. For the purposes of this section, each day of violation of ORS 618.086, 618.096, 618.121 or 618.201 is a separate offense and the penalties provided in subsection (1) of this section apply to each such offense.
Any person who willfully violates the terms of an injunction issued under ORS 618.506 shall forfeit and pay to the state a civil penalty of not more than $1,000 per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction and the cause shall be continued, and in such cases the prosecuting attorney acting in the …