Oregon Law
Law as of Jan 1, 2026
Chapter contents
453.001Definitions for ORS 453.001 to 453.185 453.005Definitions for ORS 453.005 to 453.135 453.010[Amended by 1969 c.631 §1; repealed by 1971 c.409 §16] 453.015Application 453.020[Amended by 1953 c.64 §2; 1969 c.514 §50; renumbered 689.865] 453.025Certain practices not affected by ORS 453.005 to 453.135 453.030[Amended by 1969 c.631 §2; renumbered 453.175] 453.035Standards for labeling of hazardous substances 453.040[Amended by 1969 c.631 §3; repealed by 1971 c.409 §16] 453.045Poison registers; contents 453.050[Amended by 1969 c.631 §4; repealed by 1971 c.409 §16] 453.055Hazardous, banned hazardous, misbranded hazardous substances; declaration; removal from commerce 453.060[Amended by 1969 c.631 §5; repealed by 1971 c.409 §16] 453.065Detention of suspected substances; petition for label of condemnation; judgment, relabeling or destruction of substances; expenses 453.070[Amended by 1969 c.631 §17; renumbered 453.185] 453.075Repurchase of banned hazardous substances previously sold; refund of purchase price 453.080[Repealed by 1969 c.631 §17] 453.085Prohibited acts 453.090[Amended by 1953 c.351 §2; 1969 c.631 §7; repealed by 1971 c.409 §16] 453.095Rules; determination of combustibility, flammability; designating strong sensitizers 453.100[Amended by 1969 c.631 §8; repealed by 1971 c.409 §16] 453.105Authority to enter premises; inspections; taking samples; payment 453.110[Amended by 1953 c.351 §2; 1965 c.90 §1; 1967 c.381 §1; 1969 c.631 §9; repealed by 1971 c.409 §16] 453.115Access to records of persons carrying, receiving or storing in commerce; use as evidence limited; exemption for carriers 453.120[Amended by 1969 c.631 §10; repealed by 1971 c.409 §16] 453.125Enjoining violations 453.130[Amended by 1969 c.631 §11; repealed by 1971 c.409 §16] 453.135Notice required prior to institution of criminal proceedings 453.140[Amended by 1969 c.631 §12; repealed by 1971 c.409 §16] 453.150[Amended by 1969 c.631 §13; repealed by 1971 c.409 §16] 453.160[Repealed by 1971 c.409 §16] 453.170[Amended by 1969 c.631 §14; repealed by 1971 c.409 §16] 453.175Necessity for poison label; content 453.185False representation by purchaser prohibited 453.205Definitions for ORS 453.205 to 453.275 453.210[Repealed by 1971 c.409 §16] 453.215Legislative findings 453.220[Repealed by 1971 c.409 §16] 453.225When presumption of toxic ingredient arises 453.230[Repealed by 1971 c.409 §16] 453.235Distribution of material containing toxic substances; warnings required; exemptions 453.240[Repealed by 1971 c.409 §16] 453.245Order or purchase by school of material considered to contain toxic substance prohibited; exceptions 453.255List of authorized art and craft materials; distribution of lists; information about and disposal of toxic materials 453.265Filing of formulation information with poison control centers required; labeling 453.275Civil penalty 453.305[1971 c.609 §2; 1975 c.606 §21; renumbered 469.300] 453.307Definitions for ORS 453.307 to 453.414 453.310[Amended by 1969 c.514 §51; renumbered 689.855] 453.312Legislative findings 453.315[1971 c.609 §1; 1975 c.606 §22; renumbered 469.310] 453.317Hazardous substance survey; rules; information to be supplied 453.320[Amended by 1969 c.514 §52; renumbered 689.860] 453.322Retention of information; distribution of and access to information 453.325[1971 c.609 §3; 1975 c.606 §23; renumbered 469.320] 453.327Public access; identity of requester 453.332When disclosure of identity may be withheld 453.335[1971 c.609 §7a; 1975 c.606 §25; renumbered 469.330] 453.337When disclosure of identity of hazardous substance required 453.342When incident of injury to be reported; summary of injuries 453.345[1971 c.609 §8; 1973 c.80 §57; 1975 c.606 §26; renumbered 469.350] 453.347Emergency response planning 453.352Exemption from reporting requirements; rules 453.355[1971 c.609 §9; 1975 c.606 §27; renumbered 469.360] 453.357Civil penalty 453.362Department of Consumer and Business Services to supply employers’ names; reimbursement 453.365[1971 c.609 §10; 1975 c.552 §38; 1975 c.606 §28; renumbered 469.370] 453.367Rules 453.370Limitations on local community right to know regulatory programs; local fees 453.372Short title 453.374Hazardous material emergency response system; implementation; contents; rules; fees 453.375[1971 c.609 §22; 1975 c.606 §29; renumbered 469.380] 453.376Disclosure of information to State Fire Marshal; entry onto premises 453.378Disclosure of information to local government official; entry onto premises 453.380Regional hazardous material response team; use 453.382Cost of responding to emergency; responsibility; billing; recovery 453.384Immunity of team members from liability 453.385[1971 c.609 §11; 1975 c.606 §30; renumbered 469.390] 453.386Equipment and personnel; loaning; grants 453.388Contracts for equipment, personnel loans or equipment purchases; provisions; rules 453.390Revolving fund; use 453.392Spills or releases during transportation by rail; coordinated response plan; report 453.394Oil and Hazardous Material Transportation by Rail Action Fund 453.395[1971 c.609 §12; 1975 c.606 §31; renumbered 469.400] 453.396Definitions for ORS 453.396 to 453.414 453.398Purpose 453.400Possession of hazardous substance; fee 453.402Fees; statement; schedules; uses; collection; local hazardous substance fees 453.404Extension of payment date 453.405[1971 c.609 §21; 1973 c.687 §2; 1975 c.606 §32; renumbered 469.420] 453.406Records of hazardous substance possessed; examinations 453.408Rules 453.410Application of ORS chapters 305 and 314 453.412Deposit and distribution of moneys received from fees 453.414Exemption for local government; circumstances allowing 453.415[1971 c.609 §13; 1975 c.606 §33; renumbered 469.430] 453.425[1971 c.609 §23; renumbered 469.440] 453.435[1971 c.609 §5; 1975 c.606 §34; renumbered 469.450] 453.445[1971 c.609 §19; 1975 c.606 §35; renumbered 469.460] 453.455[1971 c.609 §6; 1975 c.606 §36; renumbered 469.470] 453.465[1971 c.609 §16; repealed by 1975 c.606 §60] 453.475[1971 c.609 §17; 1975 c.606 §37; renumbered 469.480] 453.485[1971 c.609 §21a; repealed by 1975 c.606 §60] 453.495[1971 c.609 §6a; renumbered 469.490] 453.505[1971 c.609 §14; 1975 c.606 §38; renumbered 469.500] 453.510[1985 c.696 §§4,7; 1987 c.597 §4; 1989 c.6 §13; 1989 c.171 §57; 1993 c.187 §27; 1995 c.162 §84; 1997 c.249 §152; 1997 c.632 §8; repealed by 2005 c.825 §19] 453.515[1971 c.609 §7; 1975 c.606 §39; renumbered 469.510] 453.517[1987 c.597 §2; repealed by 2005 c.825 §19] 453.520Department of the State Fire Marshal as state emergency response commission 453.525[1971 c.609 §18; 1975 c.606 §40; renumbered 469.520] 453.527[1987 c.597 §3; 1993 c.187 §28; repealed by 2005 c.825 §19] 453.535[1971 c.609 §15; 1975 c.606 §41; renumbered 469.530] 453.545[1971 c.609 §25; 1975 c.606 §42; renumbered 469.540] 453.555[1971 c.609 §26; 1975 c.606 §43; renumbered 469.550] 453.565[1971 c.609 §20; 1975 c.606 §44; renumbered 469.560] 453.575[1971 c.609 §24; renumbered 469.570] 453.590[1973 c.246 §1; 1975 c.606 §45; renumbered 453.765] 453.595[1973 c.246 §3; renumbered 453.770] 453.605Definitions for ORS 453.605 to 453.800 453.610[1957 c.399 §2; repealed by 1961 c.664 §16] 453.615Statement of policy 453.620[1957 c.399 §1; repealed by 1961 c.664 §16] 453.625Purpose of ORS 453.605 to 453.800 453.630[1957 c.399 §§3,4; repealed by 1961 c.664 §16] 453.635State Radiation Control Agency; duties; applicability of ORS 453.605 to 453.800 453.640[1957 c.399 §5; repealed by 1961 c.664 §16] 453.645Radiation Advisory Committee; composition; compensation and expenses 453.650[1957 c.399 §6; repealed by 1961 c.664 §16] 453.655License or registration required for radiation source 453.665Licenses; application; modifications; exemptions; rules 453.670[1969 c.304 §2; 1973 c.182 §10; 1979 c.696 §9; 1989 c.436 §1; 1993 c.728 §1; 1995 c.444 §13; renumbered 453.757 in 1995] 453.671Vendor license; rules 453.675State assumption of federal responsibility for radiation sources; effect of federal licenses 453.685Entry on property for inspection purposes; issuance of warrant; liability for entry 453.695Records concerning radiation source; notice of exposure to radiation source 453.705Impounding radiation source upon violation 453.715Injunction against violation 453.725[1961 c.664 §13; repealed by 1971 c.734 §21] 453.726Definitions for ORS 453.726 to 453.734 453.727Purpose of ORS 453.726 to 453.734 453.728Tanning device to comply with federal requirements; exception for certain phototherapy devices 453.729Standards and regulation of tanning devices; rules; fee; inspection 453.730Written warning statement and sign; content; rules 453.731Civil penalty for violation of ORS 453.726 to 453.734 453.732Disposition of receipts 453.734Prohibition on use of tanning devices by persons under 18 years of age; exceptions; rules 453.735ORS 453.605 to 453.800 and rules supersede contrary laws or regulations 453.745Intergovernmental cooperation to control radiation sources 453.750[1975 c.241 §3; 1987 c.158 §85; renumbered 453.805 in 1995] 453.752X-ray machine registration; inspection and testing requirements; evidence of registration 453.754Application for X-ray machine registration; renewal notice 453.755[1971 c.734 §66; 1975 c.241 §2; renumbered 453.807 in 1995] 453.757X-ray machine biennial registration fee; annual license fees; use of fees; rules 453.761X-ray machine registration period; denial, conditioning, suspension or revocation of registration; termination 453.765[Formerly 453.590; 1979 c.726 §1; renumbered 469.533] 453.766Prohibited conduct 453.770[Formerly 453.595; 1979 c.726 §2; renumbered 469.536] 453.771Imposition of civil penalty for X-ray machine registration violations 453.775Duties of Oregon Health Authority pertaining to X-ray machines 453.780Radiology inspectors; license; minimum qualifications 453.785Accreditation; renewal 453.790Power of Oregon Health Authority to condition, suspend, revoke or refuse to renew radiology inspector accreditation; rules 453.795Duties of Oregon Health Authority pertaining to accreditation of radiology inspectors; rules 453.800X-ray Machine Inspection Account; sources; use of moneys in account 453.805Elimination of radiation source danger; compelling compliance 453.807When hearing required; procedure; rules 453.810[1969 c.444 §1; repealed by 1979 c.290 §7] 453.820[1969 c.444 §2; repealed by 1979 c.290 §7] 453.825Department of Transportation plan for regulating transport of hazardous substances and radioactive waste 453.830[1969 c.444 §3; 1979 c.750 §1; repealed by 1979 c.290 §7] 453.835Report to legislative committee 453.840[1969 c.444 §4; repealed by 1979 c.290 §7] 453.850[1969 c.444 §5; repealed by 1979 c.290 §7] 453.855Purpose 453.858Definitions for ORS 453.855 to 453.912 453.861Applicability 453.864Rules 453.867Restriction on transfer of property used as illegal drug manufacturing site; contracts voidable 453.870Transfer allowed after full disclosure 453.873Entry onto property; purposes; inspection 453.876Determination that property is not fit for use; appeal; notice to local residents 453.879Director of the Department of Consumer and Business Services to be notified of determination 453.882Contaminated property as public nuisance 453.885Decontamination of property; certification process 453.886Notice by county or local government required before incurring costs; owner’s or lienholder’s proposal for decontamination and certification; injunction to prevent use of property; priority for liens for costs incurred 453.888License required to perform decontamination; procedure; grounds for denial, revocation or suspension of license; civil penalty; rules 453.891Oregon Health Authority to provide information to licensed contractors and those planning to become licensed 453.894Licensing fees; rules 453.897Lists of licensed contractors to be made available 453.900Inspection of decontamination work; contracts to perform 453.903Evaluation of decontamination projects; civil penalty 453.906Condemnation or demolition of property; standards; rules 453.909Authority of counties and cities 453.912Governmental immunity from liability 453.990Criminal penalties 453.992[Amended by 1969 c.631 §16; 1977 c.582 §53; repealed by 1995 c.658 §127] 453.994[1971 c.609 §27; renumbered 469.992] 453.995Civil penalties

Chapter 453 — Hazardous Substances; Radiation Sources

ORS 453.135 Notice required prior to institution of criminal proceedings

Before any violation of ORS 453.005 to 453.135 and 453.990 (2) is reported to any district attorney or police official for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present the person’s views before the Director of the Oregon Health Authority or the designated agent of the director, either orally or in writing, in person, or by attorney, with regard to such contemplated proceeding.

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