Oregon Revised Statutes
ORS 646.010 to 646.180 shall be known and designated as the Anti-price Discrimination Law; and the inhibitions against discrimination in those sections shall embrace any scheme of special concessions or rebates, any collateral contracts or agreements or any device of any nature whereby discrimination is, in substance or fact, effected in violation of the spi…
When used in ORS 646.010 to 646.180, unless the context otherwise requires: “Commerce” means trade or commerce within this state, exclusive of food commerce. “Food commerce” means trade or commerce within this state in articles of food for human consumption and such other articles as usually are sold in food stores in connection with articles of food for h…
ORS 646.010 to 646.180 shall not prevent a cooperative association from returning to its members, producers or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to or through the association.
It is unlawful for any person engaged in commerce or food commerce, or both, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities, or services or output of a service trade, of like grade and quality or to discriminate in price between different sections, communities or cities or p…
Upon proof being made, in any suit or other proceeding in which any violation of ORS 646.010 to 646.180 is at issue, that there has been discrimination in price, or in services or facilities furnished, or in payment for services or facilities rendered or to be rendered, the burden of rebutting the prima facie case thus made by showing justification is upon t…
No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, service, or output of a service tra…
No person engaged in commerce or food commerce, or both, in the course of such commerce, shall pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the pr…
No person engaged in commerce or food commerce, or both, in the course of such commerce, shall discriminate in favor of one purchaser against another purchaser or purchasers of a commodity, or service, or output of a service trade, bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of …
No person engaged in commerce or food commerce, or both, in the course of such commerce, shall knowingly induce or receive a discrimination in price which is prohibited by ORS 646.040 to 646.080.
Where a particular trade or industry, of which the person, firm or corporation complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, such cost survey is competent evidence to be used in proving the costs of the person, firm or corporation complained against within the provisions of ORS…
Any person injured by any violation, or who will suffer injury from any threatened violation, of ORS 646.010 to 646.180 may maintain an action in any court of general equitable jurisdiction of this state, to prevent, restrain or enjoin the violation or threatened violation. If in such action, a violation or threatened violation of ORS 646.010 to 646.180 is e…
If no injunctive relief is sought or required, any person injured by any violation of ORS 646.010 to 646.180 may maintain an action for damages alone in any court of general jurisdiction in this state. The measure of damages in such action shall be the same as that prescribed by ORS 646.140.
In any proceedings instituted or action brought in pursuance of the provisions of ORS 646.140 or 646.150, the plaintiff, upon proof that the plaintiff has been unlawfully discriminated against by the defendant, shall conclusively be presumed to have sustained damages equal to the monetary amount or equivalent of the unlawful discrimination; and, in addition …
Any defendant in an action brought under the provisions of ORS 646.140 to 646.160 may be required to testify under the provisions of ORCP 65 or by deposition. In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence. No information so obtained may be used against the defendant as a basis f…
Any contract, express or implied, made by any person in violation of any of the provisions of ORS 646.010 to 646.180 is an illegal contract and no recovery thereon shall be had.
TRADE SECRETS
As used in ORS 646.461 to 646.475, unless the context otherwise requires: “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means. Reverse engineering and independent development alone shall not be considered improper means. “Misappropriation”…
Actual or threatened misappropriation may be temporarily, preliminarily or permanently enjoined. Upon application to the court, an injunction shall be vacated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived fro…
A complainant is entitled to recover damages adequate to compensate for misappropriation, unless a material and prejudicial change of position by a defendant prior to acquiring knowledge or reason to know of the misappropriation renders a monetary recovery inequitable. Damages may include both the actual loss caused by misappropriation, and the unjust enric…
The court may award reasonable attorney fees to the prevailing party if: A claim of misappropriation is made in bad faith; A motion to terminate an injunction is made or resisted in bad faith; or Willful or malicious misappropriation is found by the court or jury.
In any action brought under ORS 646.461 to 646.475, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action or ordering any person involved in the litigation not to disclose an alleg…
An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
Except as provided in subsection (2) of this section, ORS 646.461 to 646.475 supersede conflicting tort, restitution or other law of Oregon providing civil remedies for misappropriation of a trade secret. ORS 646.461 to 646.475 shall not affect: Contractual remedies, whether or not based upon misappropriation of a trade secret; Other civil remedies that a…
ORS 646.461 to 646.475 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of ORS 646.461 to 646.475 among states enacting them. ORS 646.461 to 646.475 may be cited as the Uniform Trade Secrets Act. If any provision of ORS 646.461 to 646.475 or its application to any person or circumstances…
PRODUCERS’ COOPERATIVE BARGAINING ASSOCIATIONS
As used in ORS 646.515 to 646.545, unless the context requires otherwise: “Agricultural commodity” means any and all agricultural, horticultural, viticultural and vegetable products produced in this state, either in their natural state or as processed by a producer for the purpose of marketing such product, including bees and honey, but not including timber…
Producers shall have the right to join voluntarily and belong to cooperative bargaining associations.
A dealer may not knowingly engage in the following unfair trade practices: Interfere with, restrain, coerce or boycott a producer in the exercise of the rights guaranteed pursuant to ORS 646.525; Discriminate against a producer with respect to price or other terms of purchase of raw agricultural commodities or Oregon seafood commodities, by reason of the p…
In addition to any other remedies provided by law, any producer injured by a violation of ORS 646.535 may maintain an action for damages sustained by such producer. The prevailing party in any action brought pursuant to subsection (1) of this section shall be allowed, in addition to the costs and disbursements otherwise prescribed by law, a reasonable sum f…
TELEPHONE SOLICITATION (Registration of Telephonic Sellers)
As used in ORS 646.551 to 646.557: “Business opportunity” means a commercial arrangement in which: A seller solicits a prospective purchaser to enter into a new business or to buy ancillary services within 60 days after entering into a new business; The prospective purchaser makes a payment or agrees to be obligated to make a payment required for the busi…
A telephonic seller shall not conduct business in this state without having registered with the Department of Justice at least 10 days prior to the conduct of such business. A telephonic seller is required to register in the name under which the telephonic seller conducts business. Individual employees of the telephonic seller are not required to register. A…
In any proceeding to enforce the provisions of ORS 646.551 to 646.565 and 646.608, the burden of proving an exemption or exception is upon the person claiming it.
In addition to complying with the requirements of ORS 646.553, each telephonic seller, at the time the solicitation is made and prior to consummation of any sales transaction, shall provide all of the following information to each prospective purchaser: If the telephonic seller represents or implies that a prospective purchaser will receive, without charge …
In accordance with any applicable provision of ORS chapter 183, the Attorney General may adopt rules to carry out the provisions of ORS 646.551 to 646.557.
(Unlawful Telephone Solicitations)
As used in ORS 646.561 to 646.565: “Charitable organization” means an organization organized for charitable purposes as defined in ORS 128.801. “Established business relationship” means a previous transaction or series of transactions between a caller and a party that occurred within the 18 months that preceded a call. “Party” means a telephone customer o…
A person engages in an unlawful practice if: During a telephone solicitation, the called or texted party states a desire not to be called or texted again and the person making the telephone solicitation makes a subsequent telephone solicitation of the called or texted party at that number. The person initiates a telephone solicitation outside the hours of …
The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.561 and 646.563. Notification may be by: Annual inserts in the billing statements mailed to parties; or Conspicuous publication of the notice in the consumer information pages of local telephone directories.
As used in ORS 646.567 to 646.578, unless the context otherwise requires: “Charitable organization” means an organization organized for charitable purposes as defined in ORS 128.801. “Information about a party” means information specific to a party, including but not limited to the name and address of the party and the method by which the party paid the fe…
The Legislative Assembly finds that: Fraud committed by means of unwanted telephone solicitations causes economic harm to Oregonians and constitutes an invasion of privacy and a threat to the welfare of the people of this state. Unwanted telephone solicitations cause Oregonians harm because: Telephone solicitations have become a primary tool for the marke…
A person may not engage in the telephone solicitation of a party at a telephone number included on the then current list: Published by the administrator of the telephone solicitation program established under ORS 646.572 and 646.574; or Maintained as part of the federal registry designated under ORS 646.572. If a person knows or consciously avoids knowing…
The Attorney General shall either: Advertise for bids and enter into a contract with a person to act as the administrator of the telephone solicitation program described in ORS 646.574; or Designate a federal “do not call” registry, including but not limited to the registry maintained by the Federal Trade Commission under 16 C.F.R. 310, in lieu of an Orego…
If the Attorney General enters into a contract pursuant to ORS 646.572 (1)(a), the administrator of the telephone solicitation program shall create, maintain and distribute a database containing a list of telephone numbers of parties who do not wish to receive any telephone solicitation at the listed numbers. Beginning on the date specified in the contract b…
In the manner provided by ORS chapter 183, the Attorney General may adopt rules relating to any aspect of the establishment, operation or administration of the telephone solicitation program established under ORS 646.572 and 646.574.
The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.567 to 646.578 and 646.608. Notification may be by: Annual inserts in the billing statements mailed to parties; or Conspicuous publication of the notice in the consumer information pages of local telephone directories.
UNLAWFUL TRADE PRACTICES
As used in ORS 336.184 and 646.605 to 646.652: “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 an act prohibited by ORS 336.184 and 646.605 to 646.652; or With …
A person engages in an unlawful trade practice if in the course of the person’s business, vocation or occupation the person: Employs any unconscionable tactic in connection with selling, renting or disposing of real estate, goods or services, or collecting or enforcing an obligation. Fails to deliver all or any portion of real estate, goods or services as …
A person engages in an unlawful practice if in the course of the person’s business, vocation or occupation the person does any of the following: Passes off real estate, goods or services as the real estate, goods or services of another. Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of real e…
As used in ORS 646.608 (1)(r), “pyramid club” means a sales device whereby a person, upon condition that the person make an investment, is granted a license or right to solicit or recruit for economic gain one or more additional persons who are also granted such license or right upon condition of making an investment and who may further perpetuate the chain …
A person who solicits potential customers by telephone or door to door as a seller is in violation of ORS 646.608 (1)(n) unless the person: Within 30 seconds after beginning the conversation: Provides identification of both the person and whom the person represents; Explains the purpose of the person’s call; Provides a description in commonly understood …
ORS 646.607 and 646.608 do not apply to: Conduct in compliance with the orders or rules of, or a statute administered by a federal, state or local governmental agency. Acts done by the publisher, owner, agent or employee of a newspaper, periodical, telephone directory or radio or television station in the publication or dissemination of an advertisement, w…
Except as provided in ORS 646.633, when it appears to the prosecuting attorney that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.607 or 646.608, the prosecuting attorney may execute in writing and cause to be served an investigative demand upon any person who is believed to have info…
Service of an investigative demand under ORS 646.618 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 by any of the following methods: By personal service outside this state; By registered or certified mail to the last-known place of business, resid…
If any person, after being served with an investigative demand under ORS 646.622, fails or refuses 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 condu…
Except as provided in ORS 646.633, a prosecuting attorney who has probable cause to believe that a person is engaging in, has engaged in, or is about to engage in an unlawful trade practice may bring suit in the name of the State of Oregon in the appropriate court to restrain such person from engaging in the alleged unlawful trade practice. Except as provid…
For purposes of this section, “state regulated lender” means: A banking institution as defined in ORS 706.008; A credit union as defined in ORS 723.006; A person that is required to be licensed under ORS 725.045; A pawnbroker, as defined in ORS 726.010, that is required to be licensed under ORS chapter 726; A mortgage banker or mortgage broker, as those…
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 any practice declared to be unlawful in ORS 646.607 or 646.608, or as may be necessary to ensure cessation of unlawful trade practices.
Except as provided in subsections (8) and (9) of this section, a person that suffers an ascertainable loss of money or property, real or personal, as a result of another person’s willful use or employment of a method, act or practice declared unlawful under ORS 646.608, may bring an individual action in an appropriate court to recover actual damages or statu…
As used in this section and ORS 646A.670: “Charged-off debt” means a debt that a creditor treats as a loss or expense and not as an asset. “Consumer” means a natural person who purchases or acquires property, services or credit for personal, family or household purposes. “Consumer transaction” means a transaction between a consumer and a person that sells…
Any person injured as a result of willful use or employment by another person of an unlawful collection practice may bring an action in an appropriate court to enjoin the practice or to recover actual damages or $1,000, whichever is greater. The court or the jury may award punitive damages, and the court may provide such equitable relief as it deems necessar…
Any person who willfully violates the terms of an injunction issued under ORS 646.632 shall forfeit and pay to the state a civil penalty to be set by the court of not more than $25,000 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…
As used in this section: “Affirmative consent” means a consumer’s agreement to incur a financial obligation as a result of accepting a free offer, or to provide the consumer’s billing information, given or made in the manner specifically identified for the consumer to indicate the consumer’s agreement. “Billing information” means any record or information …
Upon petition by the prosecuting attorney, the court may, in its discretion, order the dissolution or suspension or forfeiture of the license or franchise of any person who violates the terms of any injunction issued under ORS 646.632.
As used in this section: “Recording group” means a group of vocal or instrumental musicians that has released a commercial sound recording under its name. “Sound recording” has the meaning given that term in ORS 164.864. A person may not use or attempt to use the name of a recording group in advertising or presenting a live musical performance or producti…
As used in this section: “Buyer” means a person who buys or agrees to buy a manufactured dwelling from a manufactured dwelling dealer. “Cash sale price” means the price for which a manufactured dwelling dealer would sell to a buyer, and the buyer would buy from a dealer, a manufactured dwelling that is covered by a purchase agreement, if the sale were a sa…
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 336.184 and 646.605 to 646.652, including the final disposition of the matter, and shall file with the Attorney General copies of all assurances of voluntary compliance accepted under ORS 646.632.
The remedies provided in ORS 336.184 and 646.605 to 646.652 are in addition to all other remedies, civil or criminal, existing at common law or under the laws of this state.
ANTITRUST LAW
As used in ORS 646.705 to 646.805: “Public body” has the meaning given that term in ORS 174.109. “Trade or commerce” means trade or commerce within this state or between this state and any state, territory, or foreign nation. As used in ORS 646.775, “natural persons” does not include proprietorships, partnerships or other business entities.
The Legislative Assembly deems it to be necessary and the purpose of ORS 646.705 to 646.805 and 646.990 is to encourage free and open competition in the interest of the general welfare and economy of the state, by preventing monopolistic and unfair practices, combination and conspiracies in restraint of trade and commerce, and for that purpose to provide mea…
Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is declared to be illegal.
Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of trade or commerce, shall be in violation of ORS 136.617, 646.705 to 646.805 and 646.990.
The Legislative Assembly declares that collaboration among public payers, private health carriers, third party purchasers and providers to identify appropriate service delivery systems and reimbursement methods to align incentives in support of integrated and coordinated health care delivery is in the best interest of the public. The Legislative Assembly the…
It is the public policy of the State of Oregon to encourage the efficient production and distribution of agricultural, seafood and other products derived from natural resources or labor resources of this state. Accordingly, a cooperative that operates in compliance with the provisions of ORS chapter 62 and that does not during its fiscal year market products…
As used in this section: “Blackberry” means a bramble of the genus Rubus identified by State Department of Agriculture rule as a blackberry. “Blackberry regulatory program” means the state regulatory program described in subsection (2) of this section that is actively supervised by the Director of Agriculture and that authorizes parties to engage in certai…
As used in this section: “Parties” or “party” means seed producers, seed associations, seed cooperatives or seed dealers that participate in a state regulatory program described in subsection (2) of this section. “Regulatory program” means a state regulatory program described in subsection (2) of this section that is actively supervised by the Director of …
As used in this section: “Dealer” has the meaning given that term in ORS 646.515. “Parties” or “party” means Oregon seafood harvesters, Oregon seafood harvester associations, Oregon seafood harvester cooperatives or dealers that are participants in the state regulatory program described in subsection (2) of this section. “Regulatory program” means the sta…
The provisions of ORS 136.617, 646.705 to 646.805 and 646.990 may not be construed to make the following illegal: The activities of any labor organization or individual working men and women permitted by ORS chapters 661 to 663. The right of producers, as defined in ORS 646.515, and commercial fishermen to join, belong to and act through cooperative bargai…
As used in this section: “Affiliate” means an individual, or a corporation or other entity controlling, controlled by or under common control with the owner or operator of the arena. For purposes of this subsection, the term “control” means ownership of more than 50 percent of the shares or other ownership interests in the owner or operator of the arena or …
When it appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by ORS 646.725 or 646.730, the Attorney General may execute in writing and cause to be served an investigative demand upon any person who is believed to have documentary material or information relevant to…
The Attorney General may prosecute an action for appropriate injunctive relief and civil penalties in the name of the state for any violation of ORS 646.705 to 646.805. The court may assess for the benefit of the state a civil penalty of not more than $1 million for each violation of ORS 646.705 to 646.805. A court may find that any act or series of acts by …
Any person, including the state or a public body, threatened with injury to the person’s business or property from a violation of ORS 646.725 or 646.730 may prosecute a suit for equitable relief, and in addition to such relief shall recover the costs of suit, including necessary reasonable investigative costs and reasonable expert fees. Except as provided i…
The Attorney General may bring a civil action in the name of the State of Oregon, on behalf of a public body or as parens patriae on behalf of a natural person for injury that the natural person or the state or the public body sustained to the natural person’s, the state’s or the public body’s property by reason of a violation of ORS 646.725 or 646.730. In t…
A person, the state or a public body may bring an action for an injury to the person’s, the state’s or the public body’s business or property from a violation of ORS 646.705 to 646.805 and, upon prevailing in the action, shall recover three times the damages the person, the state or the public body sustained. An action authorized by this paragraph may be bro…
An action under ORS 646.760 to recover a civil penalty shall be commenced within four years after the cause of action accrued, or within one year after the conclusion of any civil or criminal proceeding instituted by the United States under the antitrust laws of the United States, except section 15a of Title 15 of the United States Code, based in whole or in…
A final judgment or decree heretofore or hereafter rendered in any civil or criminal proceeding brought by or on behalf of the United States under the antitrust laws of the United States to the effect that a defendant has violated such laws, other than a judgment or decree entered in an action under section 15a of Title 15 of the United States Code or a cons…
Exclusive jurisdiction for criminal prosecution of any violation of ORS 646.725 or 646.730 is vested in the Attorney General. At any time, the Attorney General may receive and respond to an offer to compromise pending or potential criminal charges and any other related claims for relief under ORS 646.760, 646.770, 646.775 or 646.780.
The oral testimony of any person taken pursuant to a demand served under ORS 646.750 shall be taken in the county in which such person resides, is found or transacts business, or in such other place as may be agreed upon.
Notwithstanding ORS 132.090 (1) the Attorney General may attend grand jury proceedings, advise it in relation to its duties, subpoena and examine witnesses and prepare such indictments or presentments as it requires in investigations of violations of ORS 646.725 or 646.730.
Any person compelled to appear under a demand for oral testimony pursuant to ORS 646.750 may be accompanied, represented and advised by counsel with respect to any questions asked of such person. Such advice may be given in confidence. Such person may refuse to answer any question on grounds of any constitutional or other legal right or privilege, including…
Any person appearing for oral examination pursuant to a demand served under ORS 646.750 shall be entitled to the fees and mileage provided for witnesses in ORS 44.415 (2).
While in the possession of the Attorney General any documentary material, answers to interrogatories and transcripts of oral testimony shall be held in confidence and not disclosed to any person except: The person providing such material or answers; The representative or attorney of the person providing the material or answers; Persons employed by the Att…
PRICE COMPARISON ADVERTISING
As used in ORS 646.881 to 646.885, unless the context requires otherwise: “Advertisement” means any oral, written or graphic statement or representation made in connection with the solicitation of business in any manner by a seller and includes, but is not limited to, statements and representations made in any newspaper or other publication, on radio or tel…
It shall be unlawful for a seller to include a price comparison in an advertisement unless: The seller clearly and conspicuously identifies in the advertisement the origin of the price that the seller is comparing to the seller’s current price. The origin of the price that the seller is comparing to the seller’s current price includes but is not limited to …
The use of terms such as “regular,” “reduced,” “sale,” “usually,” “originally,” “clearance,” “liquidation” and “formerly” shall identify the origin of the price that the seller is comparing to the seller’s current price as the seller’s own former price, or in the case of introductory advertisements, the seller’s future price. Unless the seller states otherw…
VEHICLE FUELS (Definitions)
As used in ORS 646.910 to 646.923: “Alcohol” means a volatile flammable liquid having the general formula CnH(2n+1)OH used or sold for the purpose of blending or mixing with gasoline for use in propelling motor vehicles, and commonly or commercially known or sold as an alcohol, and includes ethanol or methanol. “Biodiesel” means a motor vehicle fuel consis…
A wholesale dealer or retail dealer may not sell or offer to sell gasoline: As a fuel for motor vehicles that are operated on a public street or highway unless the gasoline and any additives blended with the gasoline appear on the list of registered fuels and fuel additives that the United States Environmental Protection Agency publishes in accordance with …
Notwithstanding ORS 646.910, a person may sell, supply or offer to sell or supply gasoline in this state that contains any oxygenate other than ethanol, if the California Air Resources Board, the California Environmental Policy Council or the United States Environmental Protection Agency allows the use of the oxygenate.
Except as provided in subsection (4) of this section, a wholesale dealer, retail dealer or nonretail dealer may not sell gasoline or offer gasoline for sale unless the gasoline contains at least 10 percent denatured fuel ethanol by volume. Gasoline that contains anhydrous ethanol in concentrations of at least 9.2 percent by volume complies with the requireme…
The State Department of Agriculture may adopt rules that require a retail dealer or nonretail dealer to display on fuel dispensing devices through which the retail dealer or nonretail dealer sells gasoline the names of the oxygenates and the relative concentrations of the oxygenates present in the gasoline if the retail dealer or nonretail dealer knowingly s…
Before or at the time of delivery of gasoline from a wholesale dealer to a retail dealer or nonretail dealer, the wholesale dealer must give the retail dealer or nonretail dealer on an invoice, bill of lading, shipping notice or other documentation, a declaration of the predominant oxygenate or combination of oxygenates present in concentration sufficient to…
(Biodiesel)
A retail dealer, nonretail dealer or wholesale dealer may not sell or offer for sale diesel fuel unless the diesel fuel contains at least five percent biodiesel by volume or other renewable diesel with at least five percent renewable component by volume. Diesel fuel that contains more than five percent biodiesel by volume or other renewable diesel with more …
Each biodiesel or other renewable diesel producer, each operator of a biodiesel bulk facility and each person who imports biodiesel or other renewable diesel into this state for sale in this state shall keep for at least one year, at the person’s registered place of business, the certificate of analysis for each batch or production lot of B100 biodiesel sold…
The State Department of Agriculture shall enforce the provisions of ORS 646.910 to 646.923 and is authorized to make any rules necessary to carry out the provisions of ORS 646.910 to 646.923 in accordance with the applicable provisions of ORS chapter 183. (Motor Vehicle Fuel Prices)
A person who operates a service station, business or other place for the purpose of retailing and delivering gasoline, diesel or other fuel into the tanks of motor vehicles: May display on a sign visible from the street the lowest cash prices charged for the sale of the lowest grades of gasoline, diesel or other fuel. If a sign is displayed under paragraph…
As used in this section, “gas station” includes a filling station, service station, garage or any other place where gasoline is sold for use in motor vehicles. The owner or operator of a gas station shall post, in a manner visible to customers, the following information: The amount of the price per gallon that is federal tax; The amount of the price per g…
No person operating a service station selling to the public at retail diesel fuel, where delivery is regularly made into a receptacle on a vehicle from which receptacle the fuel is supplied to propel the vehicle, shall refuse to sell and deliver any quantity of such fuel to any vehicle during regular business hours, upon demand and tender of the posted price…
As used in ORS 646.947 to 646.963: “Bulk facility” means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground and aboveground tanks, connected or separate, from which motor vehicle fuels are withdrawn from bulk and delivered to retail, wholesale or nonretail facilities or into a cargo tank or barg…
Notwithstanding any other provision of ORS 646.947 to 646.963, it is unlawful for: A dealer to sell or offer for sale any motor vehicle fuel using procedures that violate any rule or standard adopted pursuant to ORS 646.957. A dealer to sell or offer for sale any gasoline from a dispensing device that does not have a sign displayed, on both sides of the de…
A dealer who sells or offers for sale any gasoline shall conspicuously display a sign on each side of the dispensing device, using descriptive commercial terms that accurately identify the octane rating of the gasoline being dispensed from that device. The sign shall be of such size and design and shall be posted in such a manner as the Director of Agricultu…
The Director of Agriculture may test motor vehicle fuel for the purpose of inspecting the motor vehicle fuel supply of any service station, business or other establishment that sells or offers for sale, or distributes, transports, hauls, delivers or stores motor vehicle fuel that is subsequently sold or offered for sale, for compliance with the motor vehicle…
The Director of Agriculture may issue a stop-use order, hold order or removal order for any motor vehicle fuel offered or exposed for sale, or in the process of delivery or susceptible to commercial use, that is found to be not in compliance with the motor vehicle fuel quality standards adopted pursuant to ORS 646.957. The director may rescind the stop-use o…
Each operator of a bulk facility and each person who imports motor vehicle fuels into this state for sale in this state shall keep, for at least one year, at the person’s registered place of business complete and accurate records of any motor vehicle fuels sold if sold or delivered in this state, for purposes of showing compliance with ORS 646.947 to 646.963…
In accordance with any applicable provision of ORS chapter 183, the Director of Agriculture, not later than December 1, 1997, shall adopt rules to carry out the provisions of ORS 646.947 to 646.963. Such rules may include, but are not limited to, motor vehicle fuel grade advertising, pump grade labeling, testing procedures, quality standards and identificati…
In addition to and not in lieu of the license fee required by ORS 618.141, each dealer that operates a metering instrument or device, other than a remote readout device, that is required to be licensed by ORS 618.121 and that is operated for measuring motor vehicle fuel shall pay to the State Department of Agriculture an annual fee for each instrument or dev…
The Motor Vehicle Fuel Inspection Program Account is created in the Department of Agriculture Service Fund. Notwithstanding any other provision of law, all moneys in the account are appropriated continuously to the State Department of Agriculture for the administration of ORS 646.947 to 646.963.
In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty as provided in subsection (2) of this section on any person who violates any provision of ORS 646.947, 646.949 or 646.953, rules adopted under ORS 646.957 or orders issued under ORS 646.953. The director may impose civil penalties for violat…
A person, firm or corporation, whether acting as principal, agent, officer or director, commits a Class B misdemeanor for each violation of a provision of ORS 646.010 to 646.180. Violation of ORS 646.725 or 646.730 is a Class B felony. Violation of ORS 646.910 is a Class D violation. Violation of a rule that the State Department of Agriculture adopts unde…
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