Chapter 658 Oregon Laws 2005
AN ACT
HB 2591
Relating to causes of action related to food.
Be It Enacted by the People of the State of
Oregon:
SECTION
1. (1) As used in this section:
(a)
“Food” has the meaning given that term in 21 U.S.C. 321, as in effect on the
effective date of this 2005 Act.
(b)
“Food-related condition” means:
(A)
Weight gain;
(B)
Obesity;
(C)
A health condition associated with weight gain or obesity; or
(D)
A generally recognized health condition alleged to be caused by, or alleged to
likely result from, long-term consumption of food rather than a single instance
of consumption of food.
(2)
A person may not maintain an action for a claim of injury or death caused by a
food-related condition against a person involved in the selling of food, as
described in ORS 616.210.
(3)
This section does not apply to a claim that includes as an element of the cause
of action that a food-related condition was caused by:
(a)
Adulterated food, as described in ORS 616.235;
(b)
Reliance on information about food that has been misbranded, as described in
ORS 616.250;
(c)
Violation of a provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.
301 et seq., as in effect on the effective date of this 2005 Act, prohibiting
adulterated or misbranded food; or
(d)
Knowing and willful violation of any other state or federal law related to the
manufacturing, marketing, distribution, advertisement, labeling or sale of
food.
(4)
A violation of law is knowing and willful for the purposes of subsection (3)(d)
of this section if the person engaged in the conduct that constituted the
violation with the intent to deceive or injure or with actual knowledge that
the conduct was deceptive or injurious.
(5) This section does not create any claim, right of action or civil liability. This section does not affect any government agency’s statutory authority to enforce laws relating to adulteration or misbranding of food.
SECTION 2. Section 1 of this 2005 Act does not apply to any cause of action for which a civil action was commenced as described by ORS 12.020 before the effective date of this 2005 Act.
SECTION
3. (1) As used in this section:
(a)
“Food” has the meaning given that term in 21 U.S.C. 321, as in effect on the
effective date of this 2005 Act.
(b)
“Food-related condition” means:
(A)
Weight gain;
(B)
Obesity;
(C)
A health condition associated with weight gain or obesity; or
(D)
A generally recognized health condition alleged to be caused by, or alleged to
likely result from, long-term consumption of food rather than a single instance
of consumption of food.
(2)
A complaint, cross-claim, counterclaim or third-party complaint asserting a
claim described in section 1 (3) of this 2005 Act must plead with particularity
each element of the cause of action, including a description of all of the
following:
(a)
The law that allegedly was violated.
(b)
The facts that are alleged to constitute a violation of the law identified in
paragraph (a) of this subsection.
(c)
The facts that are alleged to demonstrate that the food-related condition was
caused by the violation.
(d)
If the violation was of a law described in section 1 (3)(d) of this 2005 Act,
facts sufficient to support a reasonable inference that the violation was
committed with the intent to deceive or injure or with actual knowledge that
the conduct was deceptive or injurious.
(3) In any action for a claim of injury or death caused by a food-related condition, a court shall stay all discovery and other proceedings during the pendency of any motion to dismiss. The court, on motion and for good cause shown, shall order that specified discovery be conducted notwithstanding the stay imposed under this subsection.
SECTION 4. Section 3 of this 2005 Act applies only to complaints, cross-claims, counterclaims or third-party complaints filed on or after the effective date of this 2005 Act.
Approved by the Governor July 27, 2005
Filed in the office of Secretary of State July 27, 2005
Effective date January 1, 2006
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