Oregon Law
Law as of Jan 1, 2024
Chapter contents
431A.005Definitions 431A.010Power of Oregon Health Authority and local public health administrators to enforce public health laws; authorized actions; rules; penalties 431A.015Authority of Public Health Director to take public health actions; authorized actions; rules 431A.020Rules 431A.050Oregon Health Authority to develop comprehensive emergency medical services and trauma system 431A.055State Trauma Advisory Board 431A.060Designation of trauma areas; rules; trauma system hospitals 431A.065Oregon Health Authority to adopt rules for trauma system hospitals 431A.070Area trauma advisory boards; duties; members 431A.075Liability of provider 431A.080Duties of Oregon Health Authority related to trauma 431A.085Emergency Medical Services and Trauma Systems Program created in Oregon Health Authority; Oregon Trauma Registry; rules 431A.090Designation of other trauma centers 431A.095Reporting of certain patients; reimbursement for certain services 431A.100Release of information from Oregon Trauma Registry 431A.105Emergency Medical Services for Children Program; duties of Oregon Health Authority 431A.125Oregon Health Authority powers; rules 431A.150Smoking cessation program reimbursement; rules 431A.153Tobacco Use Reduction Account 431A.155Oregon Health Authority to adopt rules for awarding grants 431A.158Oregon Health Authority to prepare report 431A.175Definitions; unlawful activities; notice; rules 431A.178Civil penalty for violation of ORS 431A.175, other law, rule or regulation governing tobacco products or inhalant delivery systems 431A.180[Formerly 431.850; repealed by 2021 c.586 §19] 431A.183Agreements to enforce regulation of tobacco products and inhalant delivery systems; report; rules 431A.190Definitions for ORS 431A.190 to 431A.216 431A.192Purpose 431A.194Licensure requirement 431A.196Exempted premises 431A.198Licensure; fees; rules; exemption 431A.200Proof of licensure 431A.202Revocation, suspension, refusal to issue or renew; rules 431A.204Seizure and forfeiture of contraband products; appeal 431A.206Suspense account for administration and enforcement 431A.208Rules 431A.210Fees 431A.212Intergovernmental agreements 431A.214Suspense account for fee money transfers 431A.216Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems 431A.218Local regulation 431A.220Continuity 431A.250Short title 431A.253Definitions 431A.255List of high priority chemicals of concern in children’s products; practical quantification limits 431A.258Disclosure by manufacturers; notice requirement; exemption 431A.260Requirement to remove or substitute high priority chemicals of concern; waivers; exemptions 431A.263Process for substituting chemicals; rules 431A.265Process for waiving requirement to remove or substitute chemicals 431A.268Exemption from requirement to remove or substitute chemicals 431A.270Testing for compliance; fee schedule; rules 431A.273Participation in Interstate Chemicals Clearinghouse 431A.275Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263 431A.278High Priority Chemicals of Concern for Children’s Health Fund 431A.280Biennial report to Legislative Assembly 431A.300Definitions 431A.303Legislative findings 431A.305Aversive agent required 431A.308Toxic household products required to comply with aversive agent requirement; exemptions 431A.310Limitation on liability; application 431A.313Poison Prevention Task Force; members; meetings; duties 431A.315Efficacy and toxicity data to be made available to task force; use; confidentiality of data 431A.318Reports to Legislative Assembly 431A.320Enforcement by civil action; injunction; damages; attorney fees 431A.323Prohibited conduct 431A.325Civil penalty for violation of ORS 431A.300 to 431A.325 431A.330Definitions 431A.335List of high priority chemicals of concern in cosmetic products; practical quantification limits 431A.340Manufacturer notice requirements 431A.345Prohibition on certain intentionally added chemicals or classes of chemicals 431A.349Civil penalty for violation of ORS 431A.340 or 431A.345; rules; statements of compliance 431A.350Lead poisoning 431A.353Definitions 431A.355Power of Oregon Health Authority to regulate lead-based paint activities and renovation; fees 431A.358Performance of lead-based paint activities and renovation without certification prohibited 431A.360Lead poisoning prevention clearinghouse for schools 431A.363Civil penalty for violation of ORS 431A.355 or 431A.358; hearing 431A.365Costs imposed pursuant to ORS 431A.363; notice; hearing; lien 431A.400Healthy Homes Program; grants; reporting; rules 431A.402Healthy Homes Repair Fund 431A.410Grants for clean air programs 431A.412Department of Human Services as lead state agency for clean air shelter operations 431A.415Oregon Health Authority grants for purchase of smoke filtration devices; rules 431A.417Reporting on smoke filtration device grants 431A.430Air conditioner and air filter deployment program; eligibility; rules 431A.450Automated external defibrillators required at health clubs; exception 431A.455Automated external defibrillators required at places of public assembly; exceptions 431A.460Legislative findings 431A.463Prohibition on requiring prior authorization of payment for substance use disorder treatment; rules 431A.475Oregon Health Authority duties 431A.500Spinal Cord Injury Research Board; members; terms; chairperson; meetings; rules 431A.505Duties of board; grants 431A.510Spinal Cord Injury Research Fund 431A.525Stroke Care Committee 431A.530Oregon Health Authority duties; database; confidentiality 431A.550Facilities to provide notice; rules 431A.560Educational materials about breast reconstruction; requirements 431A.570Significant exposure to bodily fluids; petition to compel testing; confidentiality of results 431A.575Oregon Health Authority to provide pamphlets 431A.600Oregon Health Authority to conduct prevention and education activities 431A.625Oregon Health Authority to establish services and programs 431A.650Alzheimer’s Disease Research Fund 431A.655Control of fund 431A.675Maternal Mental Health Patient and Provider Education Program; informational materials 431A.680Dissemination of informational materials 431A.685Funding 431A.700Oregon Health Authority to disseminate information 431A.725Qualifying schools; certification; rules 431A.750Examinations by state laboratory; rules; fees 431A.775Definitions 431A.780Recombinant DNA research to comply with federal guidelines 431A.800Hospital-based violence intervention grant program 431A.805Certified violence prevention professionals; community violence prevention services; advisory group; rules 431A.850Definitions 431A.855Establishment of program; rules; report to commission 431A.860Duty of pharmacy to report to program; exceptions 431A.862Receipt of prescription monitoring information by pharmacist 431A.865Disclosure of information; corrections; records; immunity from liability 431A.866Prescribing practices 431A.867Agreement for use of program information 431A.869Sharing and use of program information with other states 431A.870Duty of pharmacist to fill prescription 431A.875Reports to health professional regulatory boards 431A.877Duty to register; rules 431A.880Licensing information; fees; rules 431A.885[Formerly 431.974; repealed by 2021 c.191 §9] 431A.890Prescription Monitoring Program Advisory Commission; purposes; members 431A.895Term; meetings; rules; quorum; expenses 431A.896Prescription Monitoring Program Prescribing Practices Review Subcommittee 431A.898Practitioner training; rules 431A.900Civil penalty for violation of ORS 431A.855 to 431A.900

Chapter 431A — Public Health Programs and Activities

ORS 431A.323 Prohibited conduct

(1)

It is unlawful for any person to distribute or sell a toxic household product or cause a toxic household product to be distributed or sold in this state if it does not meet the requirements of ORS 431A.300 to 431A.325.

(2)

The prohibition contained in subsection

(1)

of this section does not apply to a person engaged in the business of wholesale or retail distribution of a toxic household product, unless the person is engaged in the manufacture of the product, or has knowledge that a toxic household product which the person is distributing or selling is in violation of ORS 431A.300 to 431A.325.

(3)

A distributor of a house brand shall not be considered a manufacturer for purposes of filing an application for an extension pursuant to section 6, chapter 915, Oregon Laws 1991, or for an exemption pursuant to section 7, chapter 915, Oregon Laws 1991. Nothing in this subsection is intended to exempt a distributor of a house brand from any other provisions of ORS 431A.300 to 431A.325.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.