Oregon Law
Law as of Jan 1, 2026
Chapter contents
616.005[Repealed by 2003 c.14 §361] 616.010State Department of Agriculture and Oregon Health Authority to administer and enforce food laws 616.015Cooperation between Oregon Health Authority and State Department of Agriculture 616.020Surveys, investigations and inquiries by Oregon Health Authority 616.025[Amended by 1953 c.686 §37; 1965 c.107 §1; 1973 c.174 §17; repealed by 1973 c.227 §26] 616.028State Department of Agriculture administration and enforcement of federal or interstate food safety systems; rules; penalties 616.030[Repealed by 1953 c.686 §37] 616.035[Repealed by 1953 c.686 §37] 616.040[Repealed by 1953 c.686 §37] 616.045[Repealed by 1953 c.686 §37] 616.050[Repealed by 1953 c.686 §37] 616.055[Repealed by 1973 c.227 §26] 616.060[Repealed by 1973 c.227 §26] 616.062[Repealed by 1953 c.686 §37] 616.065Certificate of analysis or test as evidence 616.070[Repealed by 1973 c.227 §26] 616.073Policy and prohibitions on sulfite use; exceptions 616.075[Repealed by 1969 c.131 §5] 616.077Oregon Health Authority rules; exception 616.080[Amended by 1953 c.686 §37; 1965 c.107 §2; 1973 c.174 §18; repealed by 1973 c.227 §26] 616.085[Repealed by 1953 c.686 §37] 616.090[Repealed by 1973 c.227 §26] 616.095[Amended by 1953 c.66 §2; part renumbered 561.605 to 561.620; part renumbered as part of 561.625] 616.100[Renumbered as part of 561.625] 616.110[Renumbered 561.630] 616.115[Repealed by 1973 c.227 §26] 616.120[Repealed by 1973 c.227 §26] 616.205Definitions for ORS 616.205 to 616.385 616.210“Selling of food” construed 616.215Prohibited acts 616.217Restriction on labeling or selling food fish product as halibut 616.220Injunction against violations of ORS 616.215 616.223Processing of reclaimed fish for food banks; sale and purchase exemption 616.225Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity 616.230Definitions and standards; conformity to federal regulations; rules 616.235When food deemed adulterated; rules 616.240[Repealed by 1965 c.501 §10] 616.245Adding poisonous or deleterious substance; rules 616.250When food deemed misbranded; rules 616.255[Repealed by 1973 c.227 §9 (616.256 enacted in lieu of 616.255)] 616.256Labeling exemption for foods to be repackaged; rules 616.260[Repealed by 1973 c.227 §26] 616.265When advertisement deemed false 616.270Determining when label or advertisement misleading 616.275Liability for dissemination of false advertisement 616.280[Repealed by 1961 c.637 §17] 616.285[Repealed by 1973 c.227 §11 (616.286 enacted in lieu of 616.285)] 616.286Inspection and investigation powers of department 616.290[Repealed by 1973 c.227 §26] 616.295Reports and information issuable by department 616.300[Repealed by 1953 c.686 §37] 616.305District attorney to prosecute violations 616.310Notice or warning of minor violations 616.315Jurisdiction of courts 616.320Short title 616.325Consumer commodity labeling requirements; restrictions on consumer commodity distribution; rulemaking; conformance to federal standards 616.330Alcoholic beverage exemption 616.333Diethylstilbestrol use in food; label 616.335Definition for ORS 616.205 and 616.335 to 616.385 616.340[1961 c.637 §4; repealed by 1973 c.227 §16 (616.341 enacted in lieu of 616.340)] 616.341Use of poisons, pesticides or food additives restricted 616.345Rules governing use of pesticide chemicals 616.350Control of food additives; rules 616.355Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350 616.360Standards for rules 616.365[1961 c.637 §10; repealed by 1973 c.227 §21 (616.366 enacted in lieu of 616.365)] 616.366Rules for use of poisons, pesticides, food or color additives; matters to be considered 616.370[1961 c.637 §11; repealed by 1973 c.227 §26] 616.375[1961 c.637 §12; repealed by 1973 c.227 §26] 616.380Enforcement procedure for control of food additives 616.385Public hearing required for rules 616.405[Renumbered 632.900] 616.406[1989 c.1025 §2; repealed by 2001 c.320 §10] 616.410[Renumbered 632.905] 616.411[1989 c.1025 §3; repealed by 2001 c.320 §10] 616.415[Renumbered 632.910] 616.416[1989 c.1025 §4; 2001 c.104 §239; repealed by 2001 c.320 §10] 616.420[Renumbered 632.915] 616.421[1989 c.1025 §5; repealed by 2001 c.320 §10] 616.425[Renumbered 632.920] 616.426[1989 c.1025 §11; 2001 c.104 §240; repealed by 2001 c.320 §10] 616.430[Renumbered 632.925] 616.435[Renumbered 632.930] 616.440[Renumbered 632.935] 616.445[Amended by 1973 c.587 §1; renumbered 632.940] 616.450[Renumbered 632.955] 616.455[Renumbered 632.960] 616.460[Renumbered 632.965] 616.465[Renumbered 632.970] 616.470[Renumbered 632.975] 616.475[Renumbered 632.980] 616.480[Amended by 1955 c.363 §14; renumbered 632.985] 616.505[Renumbered 632.450] 616.510[Renumbered 632.455] 616.515[Renumbered 632.460] 616.520[Renumbered 632.465] 616.525[Renumbered 632.470] 616.530[Renumbered 632.475] 616.535[Renumbered 632.480] 616.540[Renumbered 632.485] 616.545[Renumbered 632.490] 616.550[Repealed by 1963 c.461 §34] 616.555Definitions for ORS 616.555 to 616.585 616.560Determination of menu item typical values; provision of accurate information to customers 616.565Calorie content information for combination or multiserving items 616.570Menus, menu boards and food tags; additional information; disclaimer 616.575Rules; typical values for alcoholic beverages 616.580Inspections; notice and opportunity to cure violation; penalties 616.585Local disclosure requirements prohibited 616.590Lack of cause of action or claim 616.605[Amended by 1965 c.13 §1; 1971 c.318 §1; renumbered 632.275] 616.610[Renumbered 632.280] 616.615[Renumbered 632.285] 616.620[Renumbered 632.290] 616.625[Repealed by 1965 c.107 §7] 616.630[Repealed by 1965 c.107 §7] 616.635[Repealed by 1965 c.107 §7] 616.640[Repealed by 1965 c.107 §7] 616.680Definitions for ORS 616.680, 616.683 and 616.686 616.683Regulatory exemption for sales location and farm direct marketer of certain agricultural products; rules 616.686Farm direct marketing rules 616.695Definitions for ORS 616.695 to 616.755 616.700Department to enforce sanitation requirements for food and food establishments; rules 616.705[Repealed by 1965 c.501 §10] 616.706License; sanctions; posting; fees; fee increase limits; rules 616.708Additional users of establishment; fees; rules 616.710[Repealed by 1965 c.501 §10] 616.711Where licenses not required; when ORS 616.695 to 616.755 not applicable 616.713Unauthorized food establishments 616.715[Repealed by 1965 c.501 §10] 616.716When inspection authorized; ORS 616.695 to 616.755 in addition to other laws 616.718Waiver of routine inspection; rules 616.720[Repealed by 1965 c.501 §10] 616.721Exemption from ORS 616.695 to 616.755 for federally inspected establishments 616.723Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings; rules 616.725[Repealed by 1965 c.501 §10] 616.726City regulation of food and food establishments authorized; department to examine city regulation for adequacy 616.730[Repealed by 1965 c.501 §10] 616.731Deposit and use of fees and money 616.735When insanitary conditions exist 616.740Condemnation where insanitary conditions exist 616.745Handling of food by diseased persons prohibited; rules 616.750Procedure where food handler suspected of disease 616.755Securing information from health officers 616.760[Repealed by 1965 c.501 §10] 616.761Standards of identity and quality for olive oil; prohibition of imitation olive oil; rules 616.765[Repealed by 1965 c.501 §10] 616.766Standards of identity and quality for honey; labeling requirements; rules 616.770[Repealed by 1965 c.501 §10] 616.775Definitions for ORS 616.775 to 616.790 616.780Standards of identity or quality for flours, macaroni and noodle products 616.785Sale of unenriched flours, macaroni or noodle products prohibited; certain products exempted 616.790Enforcement of ORS 616.775 to 616.790 by department; inspection; sampling; failure to permit inspection; rules 616.800Short title 616.805Definitions for ORS 616.800 to 616.835 and 616.994 616.810Exemption for alcoholic beverages 616.815Open date labeling required for packaged perishable food sold at retail 616.820Label required to be affixed to package not later than time of delivery to retail seller 616.825Sale of perishable food after expiration of pull date prohibited; exceptions; time for removal of packages with expired pull dates 616.830Altering labels or using nonconforming labels prohibited 616.835Rulemaking authority 616.850Definitions for ORS 616.850 to 616.890 616.855Items exempt from unit pricing requirements 616.860Unit pricing of packaged consumer commodities required; explanation to consumers 616.865Temporary sale items exempt 616.870Prescribed pricing by units of measurement 616.875Rules; retail establishments presumed subject to unit pricing until exempted by department 616.880Written warning notice for minor violation 616.885[1977 c.181 §10; 1991 c.734 §54; renumbered 616.996 in 2001] 616.890Short title 616.892Single-use plastic straws; penalties 616.894Local plastic straw laws 616.900[1989 c.1025 §8; 1991 c.734 §55; 2001 c.320 §9; repealed by 2001 c.320 §10] 616.902Use of consumer-owned containers 616.910Donations of meat; rules 616.990[Subsection (2) of 1959 Replacement Part renumbered as part of 561.990; subsection (3) enacted as 1961 c.637 §16; 1965 c.107 §3; subsection (10) enacted as 1971 c.176 §9; repealed by 1973 c.227 §26] 616.992General criminal penalty 616.994Criminal penalty for open date labeling law violations 616.996[Formerly 616.885; repealed by 2009 c.175 §6] 616.997Civil penalties; rules; hearing; disposition of moneys

Chapter 616 — General and Miscellaneous Provisions

ORS 616.270 Determining when label or advertisement misleading

If any article is alleged to be misbranded because the labeling is misleading, or if any advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

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