75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 596
 
LC 2774/SB 596-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 596
 
        By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
 
                            March 19
 
  On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions; and' and after '453.005 ' insert
', 453.025'.
  On page 4, delete line 29 and insert:
  ' (b) Replacement parts for products containing more than
one-tenth of one percent by mass of pentabrominated diphenyl
ether or octabrominated diphenyl ether introduced into commerce
before January 1, 2006, or replacement parts for products
containing more than one-tenth of one percent by mass of
decabrominated diphenyl ether introduced into commerce before
January 1, 2011.
  '  { +  SECTION 3. + } ORS 453.025 is amended to read:
  ' 453.025. (1) Nothing in ORS 453.005 to 453.135 and 453.990
(2) is intended to interfere with or prevent the legitimate sale
of completely denatured alcohol or methyl alcohol (methanol) by
garages and filling stations, when used for antifreeze purposes
and poured directly into the radiator of any automobile or motor
vehicle by the seller thereof.
  ' (2) Stores and shops other than pharmacies may sell
completely denatured alcohol or methyl alcohol (methanol) in
quantities of not less than one gallon only in original
containers and only when properly labeled by distiller or
wholesale distributor and bearing also seller's label. The name
and address of seller must be applied by label on the container.
The record of such wholesale quantities must be kept by the
seller and information including date, means of identification
and purported use must also be kept.
  ' (3) Sellers of denatured alcohol or methyl alcohol (methanol)
only are not required to obtain a shopkeepers' license under ORS
689.305.
  ' (4)(a) Subject to the exemption under paragraph (b) of this
subsection, retail sales of completely denatured alcohol, methyl
alcohol (methanol), heating fuel mixtures and other forms of
denatured alcohol except heating fuel mixtures and other forms of
denatured alcohol containing less than five percent methanol by
weight and containing additives that render them unpalatable for
human consumption, in quantities of less than one gallon, shall
be confined to pharmacists and registration of the sales must be
made in their poison register.
  ' (b) Hotel, restaurant or food catering wholesalers or
suppliers of heating fuel mixtures and other forms of denatured
alcohol are exempt from paragraph (a) of this subsection when the
supplying of these products is restricted for use solely in the
preparation of commercially prepared foods in businesses
supplying food needs directly to the public for immediate
consumption.  Products so classified when purchased shall be used
only for this specified purpose and shall not be resold, given
away or in any way made available to the public.
  ' (5) Distributors and transporters, stores and shops, other
than pharmacies, may deliver, or sell carbolic acid (phenol), for
commercial use only in quantities of at least one pound but only
when the container is properly labeled by the manufacturer or
wholesaler and also bears a label containing the name and address
of the seller or deliverer. Record of sales or deliveries of
quantities of one pound or more of carbolic acid (phenol) shall
be kept by the seller and deliverer. The record shall contain
information, including the date, name of purchaser or person
receiving the delivery and purported use.
  ' (6) A distributor, transporter, store or shop shall not by
reason of the delivery or sale of carbolic acid (phenol) in
quantities of at least one pound be required to obtain a
shopkeepers' license under ORS 689.305. Retail sales of carbolic
acid (phenol) in quantities of less than one pound shall be
confined to pharmacies and registration of such sales shall be
made on their poison register.
  ' (7) Except as specifically provided by law, the provisions of
laws governing the sale and distribution of poisons do not apply
to the sale or distribution of compounds, preparations or
remedies which do not contain more than two grains of opium, or
more than one-fourth grain of morphine, or more than one-eighth
grain of heroin, or more than one grain of codeine, or any salt
or derivative of any of them in one fluid ounce, or, if solid or
semisolid preparations, in one avoirdupois ounce; or to
liniments, ointments or other preparations which are prepared for
external use only, when sold or distributed for use as medicines.
  ' (8)(a) Whenever poisons are dispensed in accordance with a
written prescription by a practitioner, and such written
prescription is filed and retained by the pharmacist as required
by law, all of the requirements of ORS 453.005 to 453.135 and
453.990 (2) are satisfied.
  ' (b) A pharmacist shall affix a poison label to a prescription
when the prescribing practitioner so directs.
  ' (9) Nothing in ORS 453.005 to 453.135 and 453.990 (2) applies
to the manufacture or wholesale of any poisons. However, each
box, vessel or package, other than prescriptions, in which any
poison is contained must be labeled as provided in ORS 453.035.
  '  { +  (10) Nothing in ORS 453.005 to 453.135 and 453.990 (2)
applies to:
  ' (a) The manufacture, sale, repair, distribution, maintenance,
refurbishment or modification of any new raw material or
component part used in a motor vehicle, as that term is defined
in ORS 801.360, or an airplane with component parts, including
but not limited to original spare parts, that contain
decabrominated diphenyl ether.
  ' (b) The use of commercial decabrominated diphenyl ether in
the maintenance, refurbishment or modification of equipment used
for purposes related to transportation. + }
  '  { +  SECTION 4. + }  { +  Except as provided in section 5 of
this 2009 Act, the amendments to ORS 453.005, 453.025 and 453.085
by sections 1 to 3 of this 2009 Act become operative January 1,
2011. + }
  '  { +  SECTION 5. + }  { + The Director of Human Services may
adopt rules before the operative date specified in section 4 of
this 2009 Act or take any action before that date that is
necessary to carry out the amendments to ORS 453.005, 453.025 and
453.085 by sections 1 to 3 of this 2009 Act. + } ' .
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