Chapter 618 — Weights
and Measures
2011 EDITION
WEIGHTS AND MEASURES
FOOD AND OTHER COMMODITIES
GENERAL PROVISIONS
618.010 Definitions
618.016 Policy
618.021 Duties
of director
618.026 Delegation
of duties and powers of department and director
618.031 Rulemaking
authority
618.036 Establishing
weights and measures system; use of federal system
618.041 Standards
for weights and measures system; security of state primary standard
618.046 Secondary
standards; verification of accuracy
618.051 Specifications
and tolerances of commercial weights and measures; consideration of federal
requirements; status of nonconforming weights and measures; rules
618.056 Testing
and inspecting weights and measures offered for sale or used commercially;
rules
618.061 Testing
weights and measures at institutions supported by state funds
618.066 Department
investigation of alleged weights and measures law violations; exempt devices
618.071 Inspection
and investigation authority of department; written notices for minor violations
618.076 Approving
use of weights and measures; use of certain terms describing condition of
equipment; seizure and destruction of nonconforming equipment
618.081 Owners
of weights and measures required to correct deficiencies; reexamination of
incorrect weights and measures prior to use
618.086 Orders
restricting distribution of weights and measures
618.091 Security
seal to be attached to weights and measures devices
618.096 Prohibited
acts involving commercial weights and measures
618.101 Evidentiary
presumptions regarding weights and measures law
618.115 Voluntary
inspection of weighing or measuring instruments; fees
LICENSING OF COMMERCIALLY OPERATED
WEIGHING OR MEASURING INSTRUMENTS
618.121 License
required for commercially operated weighing or measuring instrument; scope of
license
618.126 Exemptions
from licensing requirement
618.131 Weights
and measures licenses in addition to other licenses; effect of conflicting laws
618.136 Establishing
license fees; renewals; disposition of fees
618.141 Maximum
license fees
618.146 Term
of licenses; suspension and revocation of licenses
618.151 Commercial
use of unlicensed weighing or measuring instrument prohibited
618.156 Forms,
certificates and identification tags; license application forms
618.161 Notice
of violation to owner or operator of unlicensed weighing or measuring
instrument; tagging or sealing instruments to prevent unauthorized use
COMMODITY SALES REGULATIONS
618.201 Sampling
of packages and commodities; ordering packages and commodities withheld from
sale; disposition after order
618.206 Manner
of selling commodities; exemptions; rules
618.211 Labeling
of packaged commodities; use of labeling terms restricted; scope of rules
618.216 Cost
per unit labeling requirements
618.221 Restriction
on manner of packaging commodities; fill of container requirements
618.226 Commodity
price and quantity advertising requirements; restriction on use of certain
advertising terms
618.231 “Weight”
defined; construction of term in sales transactions
618.236 Price
misrepresentation prohibited; expressing fractional prices
618.241 Written
invoice of certain commodity sales required; contents of writing
618.246 Sale
by weight required for certain food products; labeling requirements
RAILROAD TRACK SCALE REGULATION
618.275 Testing
and inspection of scales; use without seal prohibited; sealing device; tests
and inspection of cars; interstate cooperation
LICENSING LAW ENFORCEMENT
618.406 Definitions;
citations for certain violations; delegation of authority; service of
citations; recording
SECURITY SEAL ENFORCEMENT
618.501 Definitions
618.506 Enjoining
security seal violations; notice to defendant; voluntary compliance; temporary
order; attorney fees and costs
618.511 Remedial
power of court
618.516 Civil
action by private party; damages; attorney fees and costs; effect of court
action; time for commencing action
618.521 Investigative
demand; petition to modify
618.526 Method
of serving investigative demand
618.531 Effect
of failure to obey investigative demand
618.541 Loss
of license for operation in violation of injunction
618.546 Reports
by district attorney to Attorney General; filing of voluntary compliances
618.551 Remedies
supplementary to existing statutory or common law remedies
PENALTIES
618.991 Penalties
618.995 Civil
penalties
GENERAL PROVISIONS
618.010 Definitions.
As used in this chapter, unless the context requires otherwise:
(1)
“Advertising” or “advertisement” means any public notice or announcement of commodities
for sale, services to be performed, equipment or facilities for hire, or any
other thing offered to the public, via publishing or broadcasting media or by
signs, banners, posters, handbills, labels or similar devices, for the purpose
of inducing, directly or indirectly, the purchase or use of such commodities,
services, equipment or facilities.
(2)
“Commercial” or “commercially used” means any application or use in connection
with or related to transactions in which, in exchange for commodities received
or services rendered, consideration is given in terms of currency, negotiable
instruments, credit, merchandise or any other thing of value.
(3)
“Commodity” means any merchandise, product or substance produced or distributed
for sale to, or use by, others.
(4)
“Commodity in bulk form” means any quantity of a commodity that is not a
commodity in package form.
(5)
“Commodity in package form” means any quantity of a commodity put up or
packaged in any manner in advance of sale, in units suitable for either
wholesale or retail sale by weight, volume, measure or count, exclusive,
however, of any auxiliary shipping container enclosing packages that
individually conform to the requirements of ORS 618.010 to 618.246. An
individual item or lot of any commodity not in package form as defined in this
subsection, but on which there is marked a selling price based on an
established price per unit of weight or of measure, is a commodity in package
form.
(6)
“Department” means the State Department of Agriculture.
(7)
“Director” means the Director of Agriculture.
(8)
“Inspector” means any state officer or employee designated by the director as a
supervisor of, or an inspector of, weights and measures.
(9)
“Intrastate commerce” means any and all commerce or trade begun, carried on and
completed wholly within the limits of this state.
(10)
“Introduced into intrastate commerce” means the time and place at which the
first sale and delivery of a commodity is made within this state, the delivery
being made either directly to the purchaser or to a common carrier for shipment
to the purchaser.
(11)
“Liquid-fuel measuring device” means any meter, pump, tank, gage or apparatus
used for volumetrically determining the quantity of any internal combustion
engine fuel, liquefied petroleum gas or low-viscosity heating oil.
(12)
“National Institute of Standards and Technology” means the National Institute
of Standards and Technology of the Department of Commerce of the United States.
(13)
“Sale” and “sell” include barter and exchange.
(14)
“Security seal” means a lead-and-wire seal, or similar nonreusable closure,
attached to a weighing or measuring instrument or device for protection against
undetectable access, removal, adjustment or unauthorized use.
(15)
“Vehicle” means any wheeled conveyance in, upon or by which any property,
livestock or commodity is or may be transported or drawn, but does not include
railroad rolling stock.
(16)
“Weighing device” means any scale, balance or apparatus used for
gravimetrically determining the quantity of any commodity on a discrete or
continuous basis.
(17)
“Weights and measures” means all weights and measures, instruments and devices
of every kind for weighing and measuring, and any appliances and accessories
associated with any or all such instruments and devices. However, “weights and
measures” does not include meters for the measurement of electricity, gas or
water when operated in a system of a public utility, as that term is defined in
ORS 757.005. [Amended by 1973 c.293 §1; 1975 c.615 §1; 1977 c.132 §3; 1999
c.237 §1; 2003 c.14 §366; 2005 c.22 §413; 2007 c.71 §186]
618.016 Policy.
It is the express intent and purpose of ORS 618.010 to 618.246 and 618.991 to
establish statutory authority for the administration, regulation and enforcement
of weights and measures requirements generally within this state. The
objectives of state supervision of weights and measures under ORS 618.010 to
618.246 include the following:
(1)
Ensuring that weights and measures in commercial service within the state are
suitable for their intended use, properly installed and accurate and are so
maintained by their owner or user.
(2)
Preventing unfair dealing by weight or measure in any commodity or service
advertised, packaged, sold or purchased within this state.
(3)
Making available to all users of physical standards or weighing and measuring
equipment the precision calibration and related metrological certification
capabilities of the weights and measures facilities of the State Department of
Agriculture.
(4)
Promoting uniformity, to the extent such conformance is practicable and
desirable, between weights and measures requirements of this state and those of
other states and federal agencies.
(5)
Encouraging desirable economic growth while protecting the consumer through the
adoption by rule of weights and measures requirements as necessary to ensure
equity among buyers and sellers. [1973 c.293 §3; 2005 c.22 §414]
618.021 Duties of director.
The Director of Agriculture shall:
(1)
Maintain custody of the state standards of weight and measure and of the other
standards and equipment provided for by ORS 618.010 to 618.246;
(2)
Keep accurate records of all standards and equipment;
(3)
Exercise general supervision over the weights and measures sold or offered for
sale or in use in this state; and
(4)
Report to the Governor annually, and at such other times as the Governor may
require, on all of the activities of the director in carrying out ORS 618.010
to 618.246. [1973 c.293 §5; 2005 c.22 §415]
618.026 Delegation of duties and powers of
department and director. Except for rulemaking, the
duties and powers of the State Department of Agriculture and the Director of
Agriculture pursuant to ORS 618.010 to 618.246 may be delegated at the
discretion of the director. [1973 c.293 §14; 2005 c.22 §416]
618.031 Rulemaking authority.
(1) The State Department of Agriculture is authorized to make any rules
necessary to carry out ORS 618.010 to 618.246, but in making such rules the
department shall consider so far as is practicable and desirable the
requirements established by other states and by authority of the United States.
Such rules shall govern the use or application of weights and measures and
weights and measures transactions in this state.
(2)
Such rules may:
(a)
Establish standards of net weight, measure or count, and reasonable standards
of fill for any commodity in package form;
(b)
Establish procedures governing the technical and reporting activities to be
followed, and prescribe report and record forms and marks of approval and
rejection to be used by inspectors of weights and measures in the discharge of
their duties;
(c)
Prescribe exemptions for weights and measures from the sealing, labeling or
marking requirements of ORS 618.010 to 618.246;
(d)
Establish procedures governing the voluntary registration of commercial
weighing and measuring device service persons and service agencies;
(e)
Establish schedules of fees for licensing commercial weighing and measuring
devices and for testing or certification;
(f)
Prescribe specifications relating to the advertising, labeling, dispensing and
selling of commodities in bulk form to or by retail outlets reasonably
necessary for the protection of purchasers thereof;
(g)
Establish guidelines to ensure that amounts of commodities or services sold or
offered for sale are represented accurately and informatively to all interested
parties; and
(h)
Prescribe specifications, tolerances and other technical requirements for
weights and measures so as to eliminate from use weights and measures:
(A)
That are not accurate;
(B)
That are of such construction that they are faulty, in that they are not
reasonably permanent in their adjustment or will not repeat their indications
correctly; or
(C)
That facilitate the perpetration of deceit or misrepresentation.
(3)
Nothing in subsection (2) of this section is intended to limit the authority of
the department to make any other rules necessary to carry out ORS 618.010 to
618.246. [1973 c.293 §6; 1975 c.615 §2; 1977 c.132 §4; 2011 c.9 §80]
618.036 Establishing weights and measures
system; use of federal system. The State
Department of Agriculture may utilize, for all commercial purposes in this
state, either that system of weights and measures customarily used in the
United States or the metric system of weights and measures. In prescribing the
basic units of weight and measure, tables of weight and measure, weight and
measure equivalents, specifications, tolerances and other technical
requirements for commercial weighing and measuring devices, the department
shall recognize those published by the National Institute of Standards and
Technology, and they shall be applicable to weighing and measuring equipment
and transactions in this state. [1973 c.293 §15; 2003 c.14 §367]
618.041 Standards for weights and measures
system; security of state primary standard. (1)
Standards of weight and measure that are traceable to the United States
prototype standards and that are supplied by the federal government or that are
otherwise approved as being satisfactory by the National Institute of Standards
and Technology shall be the state’s primary standards of weight and measure.
(2)
The state primary standards shall be kept in a safe and suitable place in the
metrology laboratory of the office of weights and measures, and shall not be
removed from the laboratory except for repairs or for calibration as may be
prescribed by the National Institute of Standards and Technology. [1973 c.293 §16;
2003 c.14 §368]
618.046 Secondary standards; verification
of accuracy. The state shall supply secondary
standards and such other equipment as is necessary to carry out ORS 618.010 to
618.246. Such standards shall be verified, by comparison with the state primary
standards prescribed in ORS 618.041, upon their initial receipt and thereafter
as often as the State Department of Agriculture considers necessary. [1973
c.293 §17; 2005 c.22 §417]
618.050
[Repealed by 1973 c.293 §55]
618.051 Specifications and tolerances of
commercial weights and measures; consideration of federal requirements; status
of nonconforming weights and measures; rules. The
State Department of Agriculture by rule shall prescribe the specifications,
tolerances and other technical requirements applicable to commercial weights
and measures within this state. In so doing the department shall take
cognizance of those uniform requirements recommended by the National Institute
of Standards and Technology and published in appropriate National Institute of
Standards and Technology handbooks and supplements thereto. For the purposes of
ORS 618.010 to 618.246, weights and measures are correct when in conformance
with all applicable sections of ORS 618.010 to 618.246 and rules promulgated
pursuant thereto. All other weights and measures are incorrect. [1973 c.293 §18;
2003 c.14 §369; 2005 c.22 §418]
618.056 Testing and inspecting weights and
measures offered for sale or used commercially; rules.
The State Department of Agriculture may inspect and test, to ascertain if they
are correct, all weights and measures sold, offered or exposed for sale. The
department may, as often as it considers necessary, cause to be inspected and
tested, to ascertain if they are correct, all weights and measures commercially
used for one or more of the following purposes:
(1)
Determining the weight, measurement or count of commodities or things sold,
offered or exposed for sale, on the basis of weight, measure or count.
(2)
Computing the basic charge or payment for services rendered on the basis of
weight, measure or count. However, the department by rule may provide for tests
to be made on representative samples of such devices. The lots of which samples
are representative shall be held to be correct or incorrect upon the basis of
the results of the inspection and tests on such samples.
(3)
Determining quantities or amounts when a charge is made for such determination.
However, in the case of single-service devices designed to be used commercially
only once and to be then discarded, or devices uniformly mass-produced, as by
means of a mold or die, and not susceptible of individual adjustment, the
inspection and testing of each individual device is not required and the
inspecting and testing requirements of this section will be satisfied when
inspections and tests are made on representative samples of such devices. The
lots of which samples are representative shall be held to be correct or
incorrect upon the basis of the results of the inspections and tests on such
samples. [1973 c.293 §8; 1977 c.132 §5; 2005 c.22 §419]
618.060
[Repealed by 1973 c.293 §55]
618.061 Testing weights and measures at
institutions supported by state funds. The State
Department of Agriculture shall, from time to time, test all weights and
measures used in checking the receipt or disbursement of supplies in every
institution for the maintenance of which moneys are appropriated by the
Legislative Assembly, and report its findings in writing to the supervisory
board or to the executive officer of the institution concerned. [1973 c.293 §7]
618.065
[Formerly 618.750; repealed by 1973 c.293 §55]
618.066 Department investigation of
alleged weights and measures law violations; exempt devices.
(1) The State Department of Agriculture shall investigate complaints made to it
concerning violations of ORS 618.010 to 618.246 and, upon its own initiative,
shall conduct such investigations as it considers appropriate to develop
information relating to prevailing procedures in commercial quantity
determination and relating to possible violations of ORS 618.010 to 618.246,
and in order to promote the general objective of accuracy in the determination
and representation of quantity in commercial transactions.
(2)
ORS 618.010 to 618.246 do not apply to meters for the measurement of
electricity, gas or water when operated in a system of a public utility, as
defined in ORS 757.005, or to any associated appliances or accessories. [1973
c.293 §9; 2005 c.22 §420; 2007 c.71 §187]
618.070
[Repealed by 1973 c.293 §55]
618.071 Inspection and investigation
authority of department; written notices for minor violations.
When necessary for the enforcement of ORS 618.010 to 618.246, or rules
promulgated pursuant thereto, the State Department of Agriculture is:
(1)
Authorized to enter during normal business hours any premises, including
buildings or mobile facilities, where commercial transactions are conducted,
commodities are located, or weights and measures are employed. If such premises
are not open to the public, a department representative shall first present the
credentials of the representative and obtain consent before making entry
thereto. If such entry is denied, the department may apply for a search warrant
from any person authorized to issue search warrants.
(2)
Empowered to stop any commercial vehicle and, after presentment of credentials,
require the person in charge to move the vehicle to a designated place for
inspection on probable cause that a violation of ORS 618.010 to 618.246 has
occurred or is occurring.
(3)
Authorized, in the public interest, to issue written notices or warnings to
violators for minor infractions of ORS 618.010 to 618.246 in lieu of referring
the matter to the district attorney. [1973 c.293 §13; 1999 c.59 §183; 2005 c.22
§421]
618.076 Approving use of weights and
measures; use of certain terms describing condition of equipment; seizure and
destruction of nonconforming equipment. (1) The State
Department of Agriculture shall approve for use such weights and measures as it
finds upon inspection and test to be correct, as provided in ORS 618.051, and
shall reject such weights and measures as it finds upon inspection or test to
be incorrect, as provided in ORS 618.051, but which in its best judgment are
susceptible of satisfactory repair.
(2)
In carrying out this section and pursuant to ORS 618.031, the department may
use such terms as “rejected,” “illegal,” “incorrect,” “condemned,” “correct,” “tested,”
“approved,” “certified” or terms of similar import on marks or tags or
certificates necessary to convey to all interested parties the condition or
status of the device or apparatus so marked or tagged.
(3)
In accordance with ORS 561.605 to 561.630, the department may condemn, seize
and destroy incorrect weights and measures that are not susceptible of
satisfactory repair. Similarly, weights and measures that have been rejected
may also be seized, confiscated and destroyed by the department if such are not
corrected as required by ORS 618.081, or if such weights and measures are used
or disposed of contrary to the requirements of ORS 618.081. [1973 c.293 §12]
618.080
[Repealed by 1973 c.293 §55]
618.081 Owners of weights and measures
required to correct deficiencies; reexamination of incorrect weights and
measures prior to use. The owner of weights and
measures rejected pursuant to ORS 618.076 shall cause such weights and measures
to be made correct within the time specified by the State Department of
Agriculture or may dispose of such weights and measures in such manner as is
authorized by the department. Weights and measures that have been rejected
shall not again be used commercially until they have been officially reexamined
by the department and found to be correct, or approval for use is given by the
department, or the rejection tag has been removed and the rejected device
repaired and placed in service by a person or firm so authorized by the
department. [1973 c.293 §20]
618.086 Orders restricting distribution of
weights and measures. (1) The State Department of
Agriculture is authorized to issue stop-use orders, hold orders and removal
orders with respect to weights and measures being, or susceptible of being,
commercially used, and to issue hold orders and removal orders with respect to
packages or amounts of commodities sold, offered or exposed for sale, or in
process of delivery, whenever in the course of its enforcement of ORS 618.010
to 618.246 it is considered necessary.
(2)
No person shall use, remove from the premises or vehicles specified, or fail to
remove from the premises or vehicles specified, any weight, measure or package
or amount of commodity contrary to the terms of a stop-use order, hold order or
removal order issued under the authority of this section. [1973 c.293 §11; 2005
c.22 §422]
618.090
[Repealed by 1973 c.293 §55]
618.091 Security seal to be attached to weights
and measures devices. A security seal shall be affixed
to any adjustment mechanism, readout compensator, primary indicator, or
retainer to prevent removal of a measurement element, in such manner as the
State Department of Agriculture by rule may prescribe, on all commercial
weights and measures. [1973 c.293 §19]
618.096 Prohibited acts involving
commercial weights and measures. No person
shall:
(1)
Use, or have in the possession of the person for the purpose of using for any
commercial purpose specified in ORS 618.056, sell, offer or expose for sale or
hire, or have in the possession of the person for the purpose of selling or
hiring, an incorrect weight or measure or any device or instrument used or
intended for use to falsify any weight or measure.
(2)
Use, or have in the possession of the person for the purpose of current use for
any commercial purpose specified in ORS 618.056, a weight or measure that does
not bear a seal or mark such as is specified in ORS 618.076 unless such weight
or measure has been exempted from testing by ORS 618.056 or by a rule of the
State Department of Agriculture or unless the device has been placed in service
as provided by rule of the department.
(3)
Dispose of any rejected or condemned weight or measure in a manner contrary to
ORS 618.010 to 618.246 or rules promulgated pursuant thereto.
(4)
Remove, alter or deface any security seal, tag, seal or mark placed on any
weight or measure by the department.
(5)
Sell, offer or expose for sale, less than the quantity the person represents of
any commodity, thing or service.
(6)
Take more than the quantity the person represents of any commodity, thing or
service when, as buyer, the person furnishes the weight or measure by means of
which the amount of the commodity, thing or service is determined.
(7)
Keep for the purpose of sale, advertise, sell, offer or expose for sale, any
commodity, thing or service in a condition or manner contrary to ORS 618.010 to
618.246 or rules promulgated pursuant thereto.
(8)
Use in retail trade, except in the preparation of packages put up in advance of
sale and of medical prescriptions, a weight or measure that is not so
positioned that its indications may be accurately read and the weighing or
measuring operation observed from a reasonable customer position.
(9)
Violate any other provision of ORS 618.010 to 618.246 or rules promulgated
pursuant thereto. [1973 c.293 §50; 2005 c.22 §423]
618.100
[Repealed by 1973 c.293 §55]
618.101 Evidentiary presumptions regarding
weights and measures law. For the purposes of ORS 618.010
to 618.246, proof of the existence of a weight or measure or a weighing or
measuring instrument or device in or about any building, enclosure, stand or
vehicle in which or from which it is shown that buying or selling is commonly
carried on is presumptive proof of the regular use of such weight or measure or
weighing or measuring instrument or device for commercial purposes and of such
use by the person in charge of such building, enclosure, stand or vehicle. [1973
c.293 §51; 2005 c.22 §424]
618.110
[Repealed by 1973 c.293 §55]
618.115 Voluntary inspection of weighing
or measuring instruments; fees. In addition
to the authority otherwise granted to the State Department of Agriculture to
inspect and test weighing or measuring instruments or devices, the department
may, at the request of an owner or user thereof, inspect and test weighing or
measuring instruments or devices to ascertain if they are correct. As
authorized by ORS 618.031 (2)(e), the department may establish fees for
performing the services and the person requesting the services shall pay the
established fees to the department. [1977 c.132 §2]
Note:
618.115 was added to and made a part of ORS chapter 618 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
618.120
[Repealed by 1973 c.293 §55]
LICENSING OF COMMERCIALLY OPERATED
WEIGHING OR MEASURING
INSTRUMENTS
618.121 License required for commercially
operated weighing or measuring instrument; scope of license.
No person shall operate or use for commercial purposes within the state any
weighing or measuring instrument or device specified in ORS 618.141 that is not
licensed in accordance with the requirements of ORS 618.010 to 618.246 unless
exempted as provided in ORS 618.126. Any license issued under ORS 618.010 to
618.246 applies only to the instrument or device specified in the license.
However, the State Department of Agriculture may permit such license to be
applicable to a replacement for the original instrument or device. [1973 c.293 §30;
2005 c.22 §425]
618.126 Exemptions from licensing
requirement. Commercial weighing or measuring
instruments or devices specified in ORS 618.141 are exempt from the licensing
requirements in ORS 618.121 if any of the following apply:
(1)
Ownership and use of the instrument or device is limited to federal, state or
local government agencies in the performance of official functions.
(2)
The instrument or device is of a readily portable type, not intended for use
within the state in excess of 30 days annually, and for which proof exists of
satisfactory examination within the immediately preceding six months by a state
or local weights and measures authority. [1973 c.293 §31; 1989 c.405 §5]
618.130
[Repealed by 1973 c.293 §55]
618.131 Weights and measures licenses in
addition to other licenses; effect of conflicting laws.
(1) The licenses required by ORS 618.010 to 618.246 are in addition to any
other licenses required by law.
(2)
If ORS 618.010 to 618.246 and 618.991 are in conflict with any other statutes,
ordinances or regulations, the provisions of ORS 618.010 to 618.246 and 618.991
take precedence. [1973 c.293 §53; 2005 c.22 §426]
618.136 Establishing license fees; renewals;
disposition of fees. (1) The license fee for each
type or class of commercial weighing or measuring instrument or device shall be
established by the State Department of Agriculture in an amount not to exceed
the maximum limits set forth in ORS 618.141. Such fees shall be established in
the amounts necessary for the department to carry out and enforce the
provisions of ORS 618.010 to 618.246 relating to the supervision of commercial
weighing and measuring instruments or devices, and to maintain an emergency fund
with an unencumbered balance in an amount not to exceed the cost of
administering ORS 618.010 to 618.246 during a representative four-month period
in order to assure the orderly supervision of commercial weighing and measuring
instruments or devices within this state.
(2)
License fees become past due July 1 each year for renewals, and on the date of
first commercial use for original installations.
(3)
All moneys received by the department pursuant to ORS 618.010 to 618.246 shall
be paid into the Department of Agriculture Service Fund. Such moneys are
continuously appropriated to the department for the purpose of administering
those provisions of ORS 618.010 to 618.246 relating to testing, inspection,
licensing and regulation of commercial weighing and measuring instruments or
devices. [1973 c.293 §32; 1977 c.132 §8; 1979 c.499 §21]
618.141 Maximum license fees.
(1) The license fees established pursuant to ORS 618.136 for weighing or
measuring instruments or devices shall not exceed the following:
______________________________________________________________________________
Discrete
Weighing Devices Maximum
(Manufacturer’s
rated capacity) Fee
Not over 400
pounds $ 39
Over 400
pounds,
but not over 1,160 pounds $ 80
Over 1,160
pounds,
but not over 7,500 pounds $ 161
Over 7,500
pounds,
but not over 60,000 pounds $ 242
Over 60,000
pounds $ 242
Static railroad
track scales $ 1,051
Continuous
Weighing Systems
(Manufacturer’s
rated capacity)
Under 10 tons
per hour $ 304
10-150 tons per hour $ 473
Over 150 tons
per hour, but
not over 1,000 tons per hour $ 946
Over 1,000 tons
per hour $ 2,101
In-motion
railroad track scales $ 1,051
Liquid-Fuel
Metering Devices for
Noncorrosive
Fuels Contained at
Atmospheric
Pressure
(Maximum device
flowrate)
Under 20
gallons per minute $ 32
20-150 gallons
per minute $ 161
Over 150
gallons per minute $ 242
Special
Liquid-Fuel Measuring
Equipment
(Type)
Liquefied
petroleum gas meters
One inch pipe diameter or under $ 242
Over one inch pipe diameter $ 242
Tanks, under
500 gallons capacity
when used as measure containers
with or without gage rods or
markers $ 100
Tanks, 500 or
more gallons capacity
when used as measure containers
with or without gage rods or
markers $ 200
______________________________________________________________________________
(2) For licensing periods beginning on or
after July 1, 2011, and before July 1, 2016, the maximum fee amounts described
in subsection (1) of this section shall increase by two percent annually. The
maximum fee for a year shall be rounded to the nearest whole dollar amount for
assessment and collection purposes. Each annual increase shall be determined
using the unrounded dollars and cents from the preceding year. [1973 c.293 §34;
1977 c.132 §6; 1983 c.210 §1; 1989 c.405 §6; 1991 c.610 §1; 1993 c.122 §1; 1999
c.237 §2; 2007 c.489 §1]
Note:
The amendments to 618.141 by section 3, chapter 489, Oregon Laws 2007, become
operative January 1, 2016. See section 4, chapter 489, Oregon Laws 2007. The
text that is operative on and after January 1, 2016, is set forth for the user’s
convenience.
618.141.
The license fees established pursuant to ORS 618.136 for weighing or measuring
instruments or devices shall not exceed the following:
______________________________________________________________________________
Discrete
Weighing Devices Maximum
(Manufacturer’s
rated capacity) Fee
Not over 400
pounds $ 43
Over 400
pounds,
but not over 1,160 pounds $ 88
Over 1,160
pounds,
but not over 7,500 pounds $ 178
Over 7,500
pounds,
but not over 60,000 pounds $ 267
Over 60,000
pounds $ 267
Static railroad
track scales $ 1,160
Continuous
Weighing Systems
(Manufacturer’s
rated capacity)
Under 10 tons
per hour $ 336
10-150 tons per hour $ 522
Over 150 tons
per hour, but
not over 1,000 tons per hour $ 1,044
Over 1,000 tons
per hour $ 2,320
In-motion
railroad track scales $ 1,160
Liquid-Fuel
Metering Devices for
Noncorrosive
Fuels Contained at
Atmospheric
Pressure
(Maximum device
flowrate)
Under 20
gallons per minute $ 35
20-150 gallons per minute $ 178
Over 150
gallons per minute $ 267
Special
Liquid-Fuel Measuring
Equipment
(Type)
Liquefied
petroleum gas meters
One inch pipe diameter or under $ 267
Over one inch pipe diameter $ 267
Tanks, under
500 gallons capacity
when used as measure containers
with or without gage rods or
markers $ 100
Tanks, 500 or
more gallons capacity
when used as measure containers
with or without gage rods or
markers $ 200
______________________________________________________________________________
618.146
Term of licenses; suspension and revocation of licenses.
(1) All weighing and measuring instrument or device licenses issued under ORS
618.010 to 618.246 expire on June 30 next after the date of issuance or on such
date as may be specified by rule of the State Department of Agriculture.
(2) In accordance with the provisions of
ORS chapter 183, any license issued under ORS 618.010 to 618.246 may be
suspended or revoked by the department if the instrument or device is operated
or used contrary to ORS 618.010 to 618.246 or rules promulgated pursuant
thereto. [1973 c.293 §33; 2005 c.22 §427; 2007 c.768 §24]
618.150
[Repealed by 1973 c.293 §55]
618.151
Commercial use of unlicensed weighing or measuring instrument prohibited.
The owner or person in possession of weighing or measuring instruments or
devices for which the license fees have not been paid in the manner required by
ORS 618.010 to 618.246 may not use the weighing or measuring instruments or
devices for commercial purposes. [1973 c.293 §35; 1979 c.333 §1; 2005 c.22 §428]
618.156
Forms, certificates and identification tags; license application forms.
(1) The State Department of Agriculture shall prescribe such forms,
certificates and identification tags as it considers necessary to carry out the
licensing provisions of ORS 618.010 to 618.246.
(2) The department shall provide a
certificate or other evidence of device license compliance to each person
fulfilling the weighing or measuring device licensing requirements of ORS
618.010 to 618.246.
(3) Application for a weights and measures
license shall be made upon a form prescribed and furnished by the department
and shall contain such information as the department may require. [1973 c.293 §36;
2005 c.22 §429]
618.160
[Repealed by 1973 c.293 §55]
618.161
Notice of violation to owner or operator of unlicensed weighing or measuring
instrument; tagging or sealing instruments to prevent unauthorized use.
When weighing or measuring instruments or devices specified in ORS 618.141 are
in commercial use and a valid license for such instruments or devices has not
been procured by the owner or operator thereof, the State Department of
Agriculture after giving notice of such requirements to the owner or operator
is authorized to prohibit the further commercial use of the unlicensed
instruments or devices until the proper license has been issued. The department
may employ and attach to the instruments or devices such forms, notices or
security seals as it considers necessary to prevent the continued unauthorized
use of the instruments or devices. [1973 c.293 §37]
618.170
[Repealed by 1973 c.293 §55]
618.175
[1961 c.643 §6; repealed by 1973 c.293 §55]
618.180
[Repealed by 1973 c.293 §55]
618.190
[Amended by 1961 c.643 §1; repealed by 1973 c.293 §55]
618.200
[Repealed by 1973 c.293 §55]
COMMODITY
SALES REGULATIONS
618.201
Sampling of packages and commodities; ordering packages and commodities
withheld from sale; disposition after order. (1)
The State Department of Agriculture, as often as necessary to provide adequate
protection, shall weigh or measure and inspect packages or amounts of
commodities sold, offered or exposed for sale, or in the process of delivery,
to determine whether they contain the amounts represented and whether they are
sold, offered or exposed for sale in accordance with ORS 618.010 to 618.246. If
such packages or amounts of commodities are found not to contain the amounts
represented, or are found to be sold, offered or exposed for sale in violation
of ORS 618.010 to 618.246, the department may order them withheld from sale and
may so mark or tag them.
(2) In carrying out the provisions of this
section, the department may employ recognized sampling procedures under which
the compliance of a given lot of packages will be determined on the basis of
the result obtained on a sample selected from and representative of such lot.
(3) No person shall:
(a) Sell, offer or expose for sale, in
intrastate commerce, any package or amount of commodity that has been ordered
withheld from sale and marked or tagged as provided in this section until such
package or amount of commodity has been brought into full compliance with all
the requirements of ORS 618.010 to 618.246; or
(b) Otherwise dispose of any package or
amount of the commodity that has been ordered withheld from sale and marked or
tagged as provided in this section and that has not been brought into
compliance with the requirements of ORS 618.010 to 618.246, in any manner,
except with the specific approval of the department. [1973 c.293 §10; 2005 c.22
§430]
618.206
Manner of selling commodities; exemptions; rules.
(1) Commodities in liquid form shall be sold only by liquid measure or weight
and, except as otherwise provided in ORS 618.010 to 618.246, commodities not in
liquid form shall be sold only by weight, measure of length or area, or count.
However, liquid commodities may be sold by weight, and commodities not in
liquid form may be sold by count only if such methods give accurate information
as to the quantity of commodity sold.
(2) The provisions of subsection (1) of
this section do not apply to:
(a) Commodities sold for immediate
consumption on the premises where sold;
(b) Vegetables sold by the head or bunch;
(c) Commodities in containers standardized
by the laws of this state or the United States;
(d) Commodities in package form when there
exists a general consumer usage to express the quantity in some other manner;
(e) Concrete aggregates, concrete mixtures
and loose solid materials such as earth, soil, gravel, crushed stone and like
substances sold by cubic measure; or
(f) Unprocessed vegetable and animal
fertilizer sold by cubic measure.
(3) The State Department of Agriculture
may make such reasonable rules as are necessary to ensure that the amounts of
commodity for sale reflect accurate and fair practices. [1973 c.293 §21; 2005
c.22 §431]
618.210
[Repealed by 1973 c.293 §55]
618.211
Labeling of packaged commodities; use of labeling terms restricted; scope of
rules. (1) Except as otherwise provided in ORS
618.010 to 618.246 and the rules promulgated pursuant thereto, any commodity in
package form introduced, delivered for introduction into or received in
intrastate commerce and sold, offered or exposed for sale in intrastate
commerce shall bear on the outside of the package definite, plain and
conspicuous declarations of:
(a) The identity of the commodity in the
package, unless it is visible through the wrapper;
(b) The net quantity of the contents in
terms of weight, measure or count; and
(c) In the case of any package sold,
offered or exposed for sale in any place other than on the premises where
packed, the name and place of business of the manufacturer, packer or
distributor, as may be prescribed by rule.
(2) In connection with the requirements of
subsection (1)(b) of this section, neither the qualifying term “when packed” or
any words of similar import, nor any term qualifying a unit of weight, measure
or count such as “jumbo,” “giant” or “full” that tends to exaggerate the amount
of commodity in a package shall be used.
(3) In connection with the requirements of
subsection (1)(b) of this section, the State Department of Agriculture by rule
may establish:
(a) Reasonable variations to be allowed,
including variations below the declared weight or measure caused by ordinary
and customary exposure, only after the commodity is introduced into intrastate
commerce, to conditions that normally occur in good distribution practice and
that unavoidably result in decreased weight or measure. However, such variations
may not be permitted to the extent that the average of the quantities in the
packages comprising a shipment, display or other lot is below the quantity
stated, and no unreasonable shortage in any package shall be permitted even
though overages in other packages in the same shipment, display or lot
compensate for such shortage;
(b) Exemptions for small packages; and
(c) Exemptions for commodities put up in
variable weights or sizes for sale intact and either customarily not sold as
individual units or customarily weighed or measured at time of sale to the
consumer. [1973 c.293 §22; 2005 c.22 §432]
618.216
Cost per unit labeling requirements. In addition
to the declarations required by ORS 618.211, any commodity in package form
which is one of a lot containing random weights, measures or counts of the same
commodity and which states the total selling price of the package, shall bear
on the outside of the package a plain and conspicuous declaration of the
corresponding price per unit of weight, measure or count in terms consistent
with ORS 618.206. [1973 c.293 §23]
618.220
[Repealed by 1973 c.293 §55]
618.221
Restriction on manner of packaging commodities; fill of container requirements.
No commodity in package form shall be so wrapped, nor shall it be in a
container so made, formed or filled as to mislead the purchaser as to the
quantity of the contents of the package, and the contents of a container shall
not fall below such reasonable standard of fill as may be prescribed for the
commodity by the State Department of Agriculture. [1973 c.293 §24]
618.226
Commodity price and quantity advertising requirements; restriction on use of certain
advertising terms. (1) Whenever a commodity in
package form is advertised in any manner and the retail price of the package is
stated in the advertisement, there shall be closely and conspicuously
associated with such statement of price a declaration of the quantity of
contents of the package as is required to appear on the package.
(2) If the applicable law requires a dual
declaration of net quantity to appear on the package, only the declaration that
sets forth the quantity in terms of the smaller unit of weight or measure need
appear in the advertisement.
(3) There shall not be included as part of
the declaration required under this section such qualifying terms as “when
packed,” “minimum,” “not less than” or any other terms of similar import, nor
any term qualifying a unit of weight, measure or count such as “jumbo,” “giant”
or “full” that tends to exaggerate the amount of commodity in the package. [1973
c.293 §25]
618.230
[Repealed by 1973 c.293 §55]
618.231
“Weight” defined; construction of term in sales transactions.
The word “weight” when referring to the quantity of any commodity means net
weight. Whenever any commodity is sold on the basis of weight, the net weight
of the commodity shall be employed, and all contracts concerning commodities
shall be so construed. [1973 c.293 §26]
618.236
Price misrepresentation prohibited; expressing fractional prices.
(1) Whenever any commodity or service is sold, offered or exposed for sale, by
weight, measure or count, the price shall not be misrepresented, nor shall the
price be represented in any manner calculated or tending to mislead or deceive
an actual or prospective purchaser.
(2) Whenever an advertised, posted or
labeled price per unit of weight, measure or count includes a fraction of a
cent, all elements of the fraction shall be prominently displayed and the
numeral or numerals expressing the fraction shall be immediately adjacent to,
of the same general design and style as, and at least one-half the height and
width of, the numerals representing the whole cents. [1973 c.293 §27]
618.240
[Repealed by 1973 c.293 §55]
618.241
Written invoice of certain commodity sales required; contents of writing.
In the case of sales to or by retail outlets including restaurants, hospitals,
boarding houses and similar institutions, sales of commodities in bulk form
whose value exceeds $10 shall be accompanied by a printed or written delivery
ticket or invoice bearing the following information:
(1) Name and address of the vendor and the
purchaser.
(2) Date and place of the delivery.
(3) Product identity and net quantity
delivered.
(4) Quantity upon which charges are based
if different from the delivered quantity by reason of processing customarily
performed subsequent to a sale, but prior to delivery to a purchaser. [1973
c.293 §28]
618.246
Sale by weight required for certain food products; labeling requirements.
(1) Except for immediate consumption on the premises where sold, or as one of
several elements comprising a ready-to-eat meal sold as a unit for consumption
elsewhere than on the premises where sold, all poultry, or parts thereof, meat,
meat products, fish and seafood, sold, offered or exposed for sale as food,
shall be sold, offered or exposed for sale by weight.
(2) If meat, poultry, fish or seafood is
combined with or associated with some other food element to form either a
distinctive food product or a food combination, such food product or
combination shall be sold, offered or exposed for sale by weight. The quantity
representation may be the total weight of the food product or combination and a
quantity representation need not be made for each of the several elements of
the food product or combination.
(3) In the case of ready-to-cook
whole-carcass stuffed poultry, ready-to-cook stuffed poultry roasts, rolls,
bars and logs, and ready-to-cook stuffed poultry products designated by terms
of similar import, the label must show the total net weight and, in close
proximity, the net weight of the poultry exclusive of stuffing ingredients. [1973
c.293 §29]
618.250
[Repealed by 1973 c.293 §55]
618.260
[Repealed by 1973 c.293 §55]
618.270
[Repealed by 1973 c.293 §55]
RAILROAD
TRACK SCALE REGULATION
618.275
Testing and inspection of scales; use without seal prohibited; sealing device;
tests and inspection of cars; interstate cooperation.
(1) All railroad track scales within this state used to weigh cars, commodities
or freight offered for shipment shall be under the jurisdiction of the Director
of Agriculture and subject to inspection by the State Department of
Agriculture. The department may also test other track scales.
(2) The department shall, from time to time,
test and inspect all such scales. No track scale shall be used in determining
weights for the purpose of determining freight charges without first obtaining
a seal from the department approving such use.
(3) The department shall approve a
suitable sealing device, and cause all track scales inspected under this
section to be officially sealed with such device, when such scales are found,
or made to be in compliance with the department’s rules.
(4) The department may procure or
otherwise secure the use of the car, apparatus or facilities used for tests and
inspections as the department may require for the purposes of this section.
Such car, apparatus or facilities may be used jointly with another state or
states to test track scales and for that purpose may be taken beyond the limits
of the state under such terms and conditions agreed upon with such other
states. The car and apparatus needed to test track scales shall be transported
free by every railroad in this state. [1989 c.405 §2]
618.280
[Repealed by 1973 c.293 §55]
618.290
[Repealed by 1971 c.743 §432]
618.300
[Repealed by 1973 c.293 §55]
618.301
[1973 c.293 §38; repealed by 1977 c.132 §9 and 1977 c.842 §23]
618.306
[1973 c.293 §39; repealed by 1977 c.132 §9 and 1977 c.842 §23]
618.310
[Repealed by 1973 c.293 §55]
618.311
[1973 c.293 §40; 1975 c.304 §3; repealed by 1977 c.132 §9 and 1977 c.842 §23]
618.316
[1973 c.293 §46; repealed by 1977 c.132 §9 and 1977 c.842 §23]
618.320
[Repealed by 1973 c.293 §55]
618.321
[1973 c.293 §47; repealed by 1977 c.132 §9 and 1977 c.842 §23]
618.326
[1973 c.293 §49; repealed by 1977 c.132 §9 and 1977 c.842 §23]
618.330
[Repealed by 1973 c.293 §55]
618.331
[1973 c.293 §41; repealed by 1977 c.132 §9 and 1977 c.842 §23]
618.336
[1973 c.293 §42; repealed by 1977 c.132 §9 and 1977 c.842 §23]
618.340
[Amended by 1953 c.373 §8; repealed by 1973 c.293 §55]
618.341
[1973 c.293 §43; repealed by 1977 c.132 §9 and 1977 c.842 §23]
618.346
[1973 c.293 §44; repealed by 1977 c.132 §9 and 1977 c.842 §23]
618.351
[1973 c.293 §45; repealed by 1977 c.132 §9 and 1977 c.842 §23]
618.356
[1973 c.293 §48; repealed by 1977 c.132 §9 and 1977 c.842 §23]
LICENSING
LAW ENFORCEMENT
618.401
[1973 c.374 §4; repealed by 2005 c.22 §433]
618.406
Definitions; citations for certain violations; delegation of authority; service
of citations; recording. (1) As used in this section:
(a) “Deputy state sealer” means the person
appointed by the Director of Agriculture to supervise the weights and measures
section.
(b) “Inspector” means a state employee
designated by the director as a supervisor or inspector of weights and
measures.
(2) In enforcing violations subject to
penalty under ORS 618.991, the director has authority to issue and serve
citations to any person violating such laws.
(3) The director may delegate the powers
referred to in subsection (2) of this section to the deputy state sealer and to
inspectors. The deputy state sealer and inspectors with authority to serve
citations under this section shall issue those citations in the manner provided
by ORS chapter 153.
(4) Upon issuance of a citation for a
violation subject to penalty under ORS 618.991, the deputy state sealer or
inspector issuing the citation shall retain a record copy for the State
Department of Agriculture. [1973 c.374 §5; 1999 c.1051 §109; 2005 c.22 §434]
618.410
[Repealed by 1973 c.293 §55]
618.411
[1973 c.374 §7; 1985 c.725 §13; repealed by 1999 c.1051 §111]
618.416
[1973 c.374 §8; 1985 c.725 §14; repealed by 1999 c.1051 §111]
618.420
[Repealed by 1973 c.293 §55]
618.421
[1973 c.374 §9; 1979 c.477 §15; repealed by 1999 c.1051 §111]
618.426
[1973 c.374 §10; repealed by 1999 c.1051 §111]
618.430
[Repealed by 1973 c.293 §55]
618.431
[1973 c.374 §11; repealed by 1999 c.1051 §111]
618.436
[1973 c.374 §12; repealed by 1999 c.1051 §111]
618.441
[1973 c.374 §13; repealed by 1999 c.1051 §111]
618.446
[1973 c.374 §14; repealed by 1999 c.1051 §111]
618.451
[1973 c.374 §15; repealed by 1999 c.1051 §111]
618.456
[1973 c.374 §16; repealed by 1999 c.1051 §111]
618.460
[Repealed by 1973 c.293 §55]
618.461
[1973 c.374 §17; 1987 c.905 §28; repealed by 1999 c.1051 §111]
618.466
[1973 c.374 §18; repealed by 1999 c.1051 §111]
618.470
[Repealed by 1973 c.293 §55]
618.480
[Repealed by 1973 c.293 §55]
618.490
[Repealed by 1973 c.293 §55]
618.500
[Repealed by 1973 c.293 §55]
SECURITY
SEAL ENFORCEMENT
618.501
Definitions. As used in ORS 618.501 to 618.551 and
618.995, unless the context requires otherwise:
(1) “Appropriate court” means the circuit
court of a county:
(a) Where one or more of the defendants
reside;
(b) Where one or more of the defendants
maintain a principal place of business;
(c) Where one or more of the defendants
are alleged to have committed a security seal violation; or
(d) With the defendant’s consent, where
the prosecuting officer maintains an office.
(2) “Prosecuting attorney” means the
Attorney General or the district attorney of any county in which a security
seal violation is alleged to have been committed.
(3) “Security seal” means a lead-and-wire
seal or similar nonreusable closure, attached to a weighing or measuring
instrument or device for protection against undetectable access, removal,
adjustment or unauthorized use.
(4) “Security seal violation” means the
use, in violation of this chapter or any rule promulgated pursuant thereto, of
any liquid or gaseous metering instrument or device to which a security seal is
required to be affixed, when the security seal has been broken or removed.
(5) A “willful violation” occurs when the
person committing the violation knew or should have known that the conduct of
the person was a violation. [1973 c.294 §2; 2003 c.14 §370; 2005 c.22 §435]
618.506
Enjoining security seal violations; notice to defendant; voluntary compliance;
temporary order; attorney fees and costs. (1) A
prosecuting attorney who has probable cause to believe that a person is
committing or has committed a security seal violation may bring suit in the
name of the State of Oregon in the appropriate court to restrain such person
from committing the alleged violation.
(2) Before filing a suit under subsection
(1) of this section, the prosecuting attorney shall in writing notify the
person charged of the alleged security seal violation and the relief to be
sought. Such notice shall be served in the manner set forth in ORS 618.526 for
the service of investigative demands. The person charged thereupon shall have
10 days within which to execute and deliver to the prosecuting attorney an
assurance of voluntary compliance. Such assurance shall set forth what actions,
if any, the person charged intends to take with respect to the alleged
violation. The assurance of voluntary compliance shall not be considered an
admission of a violation for any purpose. If the prosecuting attorney is
satisfied with the assurance of voluntary compliance, it may be submitted to an
appropriate court for approval and if approved shall thereafter be filed with
the clerk of the court. Violation of an assurance of voluntary compliance which
has been approved by and filed with the court constitutes a contempt of court.
The notice of the prosecuting attorney under this subsection is not a public
record until the expiration of 10 days from the service of the notice.
(3) Notwithstanding subsection (2) of this
section, if the prosecuting attorney alleges that the prosecuting attorney has
reason to believe that the delay caused by complying with the provisions of
subsection (2) of this section would cause immediate harm to the public health,
safety or welfare, the prosecuting attorney may immediately institute a suit
under subsection (1) of this section.
(4) A temporary restraining order may be
granted without prior notice to the person if the court finds there is a threat
of immediate harm to the public health, safety or welfare. Such a temporary
restraining order shall expire by its terms within such time after entry, not
to exceed 10 days, as the court fixes, unless within the time so fixed the
order, for good cause shown, is extended for a like period or unless the person
restrained consents that it may be extended for a longer period.
(5) The court may award reasonable
attorney fees at trial and on appeal to the prevailing party in a suit brought
under this section. If the defendant prevails in such a suit and the court
finds that the defendant had in good faith submitted to the prosecuting
attorney a satisfactory assurance of voluntary compliance prior to the
institution of the suit or that the prosecuting attorney, in a suit brought
under subsection (3) of this section, did not have reasonable grounds to
proceed under that subsection, the court shall award reasonable attorney fees
at trial and on appeal to the defendant. If the state prevails, the reasonable
expenses of investigation, preparation and prosecution shall be taxed against
the defendant, upon application of the prosecuting attorney, in the same manner
as costs are taxed and shall be in addition thereto. [1973 c.294 §3; 1981 c.897
§70]
618.510
[Repealed by 1973 c.293 §55]
618.511
Remedial power of court. The court may make such
additional orders or judgments as may be necessary to restore to any person in
interest any moneys or property, real or personal, of which the person was
deprived by means of a security seal violation, or as may be necessary to
insure cessation of such violations, pursuant to ORS 618.506. [1973 c.294 §4]
618.516
Civil action by private party; damages; attorney fees and costs; effect of
court action; time for commencing action. (1)
Any person who purchases or leases goods or services and thereby suffers any
ascertainable loss of money or property, real or personal, as a result of a
willful security seal violation may bring an individual action in an
appropriate court to recover actual damages or $200, whichever is greater. The
court or the jury, as the case may be, may award punitive damages and the court
may provide such equitable relief as it considers necessary or proper.
(2) Upon commencement of any action
brought under subsection (1) of this section, the clerk of the court shall mail
a copy of the complaint or other initial pleading to the Attorney General and,
upon entry of any judgment in the action, shall mail a copy of such judgment to
the Attorney General.
(3) In any action brought by a person
under this section, the court may award to the prevailing party reasonable
attorney fees at trial and on appeal and costs.
(4) Any permanent injunction or judgment
or order of the court made under ORS 618.506 or 618.511 is prima facie evidence,
in an action brought under this section, that the respondent committed a
security seal violation, but an assurance of voluntary compliance, whether or
not approved by the court, shall not be evidence of such violation.
(5) Actions brought under this section
shall be commenced within one year from the discovery of the security seal
violation. However, whenever any complaint is filed by a prosecuting attorney
to prevent, restrain or punish security seal violations, the running of the
statute of limitations with respect to every private right of action under this
section and based in whole or in part on any matter complained of in the
proceeding shall be suspended during the pendency thereof. [1973 c.294 §5; 1981
c.897 §71; 1995 c.618 §91; 2003 c.576 §526]
618.520
[Repealed by 1973 c.293 §55]
618.521
Investigative demand; petition to modify. (1)
When it appears to the prosecuting attorney that a person has committed or is
committing a security seal violation, the attorney may execute in writing and
cause to be served an investigative demand upon any person who is believed to
have information, documentary material or physical evidence relevant to the
alleged violation. The investigative demand shall require such person, under
oath or otherwise, to appear and testify or to produce relevant documentary
material or physical evidence for examination, at such reasonable time and
place as may be stated in the investigative demand or to do any of the
foregoing, concerning the advertisement, sale or offering for sale of any goods
or services or the conduct of any trade or commerce which is the subject matter
of the investigation.
(2) At any time before the return date
specified in an investigative demand, or within 20 days after the demand has
been served, whichever period is shorter, a petition to extend the return date,
or to modify or set aside the demand, stating good cause including privileged
material, may be filed in the appropriate court. [1973 c.294 §6]
618.526
Method of serving investigative demand. Service of
any investigative demand under ORS 618.521 shall be made personally within this
state. If personal service cannot be made, substituted service therefor may be
made in the following manner:
(1) Personal service thereof without this
state;
(2) The mailing thereof by registered or
certified mail to the last-known place of business, residence or abode within
or without this state of such person for whom the same is intended;
(3) As to any person other than a natural
person, in the manner provided for service of summons in an action or suit; or
(4) Such service as the court may direct
in lieu of personal service within this state. [1973 c.294 §7]
618.530
[Repealed by 1973 c.293 §55]
618.531
Effect of failure to obey investigative demand.
(1) If any person after being served with an investigative demand under ORS
618.526, fails to obey an investigative demand issued by the prosecuting
attorney, the prosecuting attorney may, after notice, apply to an appropriate
court and, after hearing thereon, request an order:
(a) Granting injunctive relief to restrain
the person from engaging in the conduct of any activity that is involved in the
alleged or suspected violation; or
(b) Granting such other relief as may be
required, until the person obeys the investigative demand.
(2) Any disobedience of any final order of
a court under this section shall be punished as a contempt of court. [1973
c.294 §8]
618.536
[1973 c.294 §9; renumbered 618.995 in 2001]
618.540
[Repealed by 1973 c.293 §55]
618.541
Loss of license for operation in violation of injunction.
Upon petition by the prosecuting attorney, the court may, in its discretion,
order suspension or forfeiture of the license for any liquid or gaseous
metering instrument or device operated in violation of the terms of any
injunction issued under ORS 618.506. [1973 c.294 §10]
618.546
Reports by district attorney to Attorney General; filing of voluntary
compliances. A district attorney shall make a full
report to the Attorney General of any action, suit, or proceeding prosecuted by
such district attorney under ORS 618.506 to 618.541 and 618.995, including the
final disposition of the matter, and shall file with the Attorney General
copies of all assurances of voluntary compliance accepted under ORS 618.506. [1973
c.294 §11]
618.550
[Repealed by 1973 c.293 §55]
618.551
Remedies supplementary to existing statutory or common law remedies.
The remedies provided in ORS 618.506 to 618.541 and 618.995 are in addition to
all other remedies, civil or criminal, existing at common law or under the laws
of this state. [1973 c.294 §12]
618.610
[Repealed by 1973 c.293 §55]
618.620
[Repealed by 1973 c.293 §55]
618.630
[Amended by 1955 c.97 §1; repealed by 1973 c.293 §55]
618.640
[Repealed by 1973 c.293 §55]
618.710
[Amended by 1953 c.373 §8; repealed by 1973 c.293 §55]
618.720
[Amended by 1953 c.373 §8; repealed by 1973 c.293 §55]
618.730
[Amended by 1953 c.373 §8; 1961 c.643 §2; 1967 c.122 §1; 1969 c.88 §1; repealed
by 1973 c.293 §55]
618.732
[1967 c.122 §3; repealed by 1973 c.293 §55]
618.735
[1961 c.643 §5; 1969 c.88 §2; repealed by 1973 c.293 §55]
618.740
[Amended by 1967 c.122 §2; repealed by 1973 c.293 §55]
618.750
[Amended by 1961 c.643 §3; renumbered 618.065]
618.760
[1953 c.373 §6; repealed by 1973 c.293 §55]
618.770
[Repealed by 1973 c.293 §55]
618.780
[Repealed by 1973 c.293 §55]
618.790
[Repealed by 1973 c.293 §55]
618.800
[Repealed by 1973 c.293 §55]
618.810
[Repealed by 1973 c.293 §55]
PENALTIES
618.990
[Repealed by 1973 c.293 §55]
618.991
Penalties. (1) Violation of ORS 618.086, 618.096,
618.121 or 618.201 is a Class B misdemeanor.
(2) For the purposes of this section, each
day of violation of ORS 618.086, 618.096, 618.121 or 618.201 is a separate
offense and the penalties provided in subsection (1) of this section apply to
each such offense. [1973 c.293 §54; 2011 c.597 §252]
618.995
Civil penalties. (1) Any person who willfully
violates the terms of an injunction issued under ORS 618.506 shall forfeit and
pay to the state a civil penalty of not more than $1,000 per violation. For the
purposes of this section, the court issuing the injunction shall retain
jurisdiction and the cause shall be continued, and in such cases the
prosecuting attorney acting in the name of the state may petition for recovery
of civil penalties.
(2) Any person who by an assurance of
voluntary compliance submitted under ORS 618.506 agrees not to commit a
security seal violation and thereafter willfully violates such assurance shall
forfeit and pay to the state a civil penalty of not more than $1,000 per
violation. The prosecuting attorney may apply to an appropriate court for
recovery of such civil penalty.
(3) In any suit brought under ORS 618.506,
if the court finds that a person is willfully committing or has willfully
committed a security seal violation, the prosecuting attorney, upon petition to
the court, may recover, on behalf of the state, a civil penalty not exceeding
$500 per violation. [Formerly 618.536]
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