OAR 333-015-0305
Packaging and Labeling: Definitions

For the purposes of OAR 333-015-0300 (Packaging and Labeling: Purpose, Scope and Effective Date) to 333-015-0375 (Civil Penalties):
(1) “Authority” means the Oregon Health Authority.
(2) “Cannabinoid” means any of the chemical compounds that are the active constituents of marijuana.
(3) “Cartoon” means any drawing or other depiction of an object, person, animal or creature or any similar caricature that satisfies any of the following criteria:
(a) The use of comically exaggerated features;
(b) The attribution of human characteristics to animals, plants or other objects, or the similar use of anthropomorphic technique; or
(c) The attribution of unnatural or extra-human abilities, such as imperviousness to pain or injury, X-ray vision, tunneling at very high speeds or transformation.
(4) “Child-resistant” means having inner or outer packaging that is:
(a) Intended to protect children from nicotine exposure in the household environment or other environment where the product is used;
(b) Designed or constructed to be significantly difficult for children under five years of age to open and not difficult for adults to use properly, as defined by 16 CFR 1700.20 (1995); and
(c) Re-sealable for any product intended for more than a single use, such as a fillable inhalant delivery system.
(5) “Consumer product” means any article, or component part thereof, produced or distributed for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise.
(6) “Distributor” means a person or company that supplies stores or businesses with goods.
(7) “Fillable inhalant delivery system” means a product that is sold without nicotine or non-nicotine inhalants, not permanently sealed and can be opened and filled with any inhalant.
(8) “Inhalant” means nicotine, or any other substance that:
(a) Is in a form that allows the nicotine, cannabinoid or substance to be delivered into a person’s respiratory system;
(b) Is inhaled for the purpose of delivering the nicotine, cannabinoid or other substance into a person’s respiratory system; and
(c)(A) Is not approved by, or emitted by a device approved by, the United States Food and Drug Administration (FDA) for a therapeutic purpose; or
(B) If approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose, is not marketed and sold solely for that purpose.
(9)(a) “Inhalant delivery system” means:
(A) A device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or
(B) A component of a device described in this section or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this section, whether the component or substance is sold separately or is not sold separately.
(b)(A) Inhalant delivery system does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for any other therapeutic purpose, if the product is marketed and sold solely for the approved purpose; and
(B) Tobacco products.
(10) “Inner package” or “inner packaging” means the materials used to wrap or protect a product that must be opened by a consumer in order to have access to the product and that may also be but is not required to be the outer package.
(11) “Liquid nicotine container” means a consumer product that consists of a container that:
(a) Has an opening from which nicotine in a solution or other form is accessible and can flow freely through normal and foreseeable use by a consumer; and
(b) Is used to hold soluble nicotine in any concentration.
(12) “Manufacturer or distributor contact information” means the name, city, state and country of the manufacturer who made the inhalant delivery system.
(13) “Minor” means an individual under 18 years of age.
(14) “Nicotine” means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.
(15) “Non-nicotine liquid container” means a container that:
(a) Has an opening from which liquid non-nicotine or liquid non-cannabinoid substances can flow freely through normal and foreseeable use by a consumer; and
(b) Is not used to hold liquid nicotine or cannabinoids.
(16) “Outer package” or “outer packaging” means the external material used to wrap or protect a product that is visible to a consumer in the retail setting such as, but not limited to, a box or container.
(17) “Outlet” means any location in Oregon which sells at retail or otherwise distributes tobacco products or inhalant delivery systems to consumers including, but not limited to, locations that sell such products over the counter or through vending machines.
(18) “Packaging” means any of the materials used to wrap or protect an inhalant delivery system and includes but is not limited to the inner packaging and outer packaging.
(19) “Prefilled inhalant delivery system” means an inhalant delivery system that is permanently sealed, prefilled, disposable and not intended to be disassembled by the consumer.
(20) “Retail setting” means a place of business in which merchandise is primarily sold directly to an ultimate consumer.
(21) “These rules” means OAR 333-015-0300 (Packaging and Labeling: Purpose, Scope and Effective Date) to 333-015-0375 (Civil Penalties).

Source: Rule 333-015-0305 — Packaging and Labeling: Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-015-0305.

333–015–0025
Oregon Indoor Clean Air Act: Authority and Purpose 333–015–0030
Oregon Indoor Clean Air Act: Definitions 333–015–0035
Oregon Indoor Clean Air Act: General Provision 333–015–0040
Oregon Indoor Clean Air Act: Signs 333–015–0045
Oregon Indoor Clean Air Act: Ashtrays 333–015–0056
Oregon Indoor Clean Air Act: Smoke Shop Application for Certification 333–015–0057
Oregon Indoor Clean Air Act: Smoke Shop Application Review 333–015–0058
Oregon Indoor Clean Air Act: Smoke Shop Ongoing Requirements for Certification 333–015–0059
Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification 333–015–0061
Oregon Indoor Clean Air Act: Transfer of Ownership or Location 333–015–0062
Oregon Indoor Clean Air Act: Vehicles 333–015–0064
Oregon Indoor Clean Air Act: Outdoor Smoking Areas 333–015–0066
Oregon Indoor Clean Air Act: Cigar Bars 333–015–0070
Oregon Indoor Clean Air Act: Oregon Health Authority Responsibilities 333–015–0075
Oregon Indoor Clean Air Act: Complaint Response 333–015–0078
Oregon Indoor Clean Air Act: Violations 333–015–0080
Oregon Indoor Clean Air Act: Public Places which Oregon Health Authority, Public Health Authority Regularly Inspects 333–015–0082
Oregon Indoor Clean Air Act: Public Places Regulated by Other State Agencies or Local Governments 333–015–0085
Oregon Indoor Clean Air Act: Penalties 333–015–0090
Effective Date 333–015–0100
Oregon Menu Labeling Act: Authority and Purpose 333–015–0105
Oregon Menu Labeling Act: Definitions 333–015–0110
Oregon Menu Labeling Act: General Provisions 333–015–0115
Oregon Menu Labeling Act: Written Formats for Nutrition Information 333–015–0120
Oregon Menu Labeling Act: Nutrition Labeling of Variable Menu Items 333–015–0125
Oregon Menu Labeling Act: Nutrition Labeling of Combination Meal Menu Items 333–015–0130
Oregon Menu Labeling Act: Nutrition Information for Shared Menu Items or Shared Combination Meal Menu Items 333–015–0135
Oregon Menu Labeling Act: Acceptable Methods for Determining Typical Nutrient Values for Required Nutrition Information 333–015–0140
Oregon Menu Labeling Act: Verifiable and Accurate Information 333–015–0145
Oregon Menu Labeling Act: Nutrition Information for Self-Service Items 333–015–0150
Oregon Menu Labeling Act: Trans Fat 333–015–0155
Oregon Menu Labeling Act: Rounding Rules 333–015–0160
Oregon Menu Labeling Act: Alcoholic Beverages 333–015–0165
Oregon Menu Labeling Act: Disclaimers and Additional Nutrition Information 333–015–0200
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Definitions 333–015–0205
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Notice Posting Requirement 333–015–0210
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Location of Tobacco Products Within a Retail Store 333–015–0215
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Enforcement 333–015–0220
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Biennial Report 333–015–0300
Packaging and Labeling: Purpose, Scope and Effective Date 333–015–0305
Packaging and Labeling: Definitions 333–015–0310
Labeling Requirements for Liquid Nicotine Containers 333–015–0320
Labeling Requirements for Prefilled Inhalant Delivery Systems 333–015–0325
Labeling Requirements for Fillable Inhalant Delivery Systems 333–015–0340
Packaging Requirements for Liquid Nicotine Containers 333–015–0345
Packaging Requirements for Non-nicotine Liquid Containers 333–015–0350
Packaging Requirements for Prefilled Inhalant Delivery Systems 333–015–0355
Packaging Requirements for Fillable Inhalant Delivery Systems 333–015–0357
Packaging Attractive to Minors 333–015–0360
Verification of Packaging that is Child-Resistant 333–015–0365
Enforcement: Inspections 333–015–0370
Enforcement: Violations 333–015–0375
Civil Penalties
Last Updated

Jun. 8, 2021

Rule 333-015-0305’s source at or​.us