ORS 180.440
Prohibited conduct

  • penalty

(1)

A person may not:

(a)

Affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family that is not included in the directory developed under ORS 180.425 (Attorney General’s directory);

(b)

Sell, offer for sale or possess for sale cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425 (Attorney General’s directory); or

(c)

Possess in this state for sale in another jurisdiction cigarettes of a tobacco product manufacturer or brand family that the person acquired at a time when the tobacco product manufacturer or brand family was not included in the directory developed under ORS 180.425 (Attorney General’s directory) and was not in compliance with the Master Settlement Agreement qualifying statute in the other jurisdiction or with statutes that supplement the qualifying statute in that jurisdiction.

(2)

A person who sells, offers for sale, distributes, acquires, holds, owns, possesses, transports, imports or causes to be imported cigarettes that the person knows or should know are intended for sale or distribution in violation of subsection (1) of this section commits a Class A misdemeanor.

(3)

A distributor may not affix a stamp to a package or other container of cigarettes or purchase untaxed roll-your-own tobacco unless the distributor certifies to the Attorney General, in a manner prescribed by the Attorney General, that the distributor has purchased the cigarettes or roll-your-own tobacco directly from the tobacco product manufacturer or from the first importer of the cigarettes or roll-your-own tobacco into the United States. [2003 c.801 §11; 2009 c.70 §1; 2019 c.240 §3]
Note: See note under 180.400 (Legislative findings).

Source: Section 180.440 — Prohibited conduct; penalty, https://www.­oregonlegislature.­gov/bills_laws/ors/ors180.­html.

Notes of Decisions

Prohibition against selling, offering to sell or possessing cigarettes from manufacturers not included in directory applies regardless of whether cigarettes have Oregon tax stamp. State v. Maybee, 235 Or App 292, 232 P3d 970 (2010), Sup Ct review denied

Sales that occur in this state include sales of cigarettes from out-of-state sellers to in-state purchasers. State v. Maybee, 235 Or App 292, 232 P3d 970 (2010), Sup Ct review denied

180.010
Office of Attorney General 180.020
Election 180.030
Filing certificate of election or appointment 180.040
Governor to fill vacancy by appointment 180.050
Location of office 180.060
Powers and duties of Attorney General 180.070
Power of Attorney General to conduct investigations and prosecutions 180.073
Subpoena authority in criminal investigation 180.075
Disclosure of information obtained under subpoena 180.080
Attorney General to manage criminal proceedings in court or before grand jury at request of Governor 180.090
Investigations and special prosecutions 180.095
Department of Justice Protection and Education Revolving Account 180.096
Use of Countrywide Financial Corporation settlement proceeds 180.100
Legislative bills 180.110
Keeping copies of opinions and records of cases 180.120
Defending in criminal proceedings for Oregon State Police or member thereof 180.125
Intergovernmental road maintenance agreements 180.130
Deputy Attorney General 180.140
Other assistants 180.150
Clerks 180.160
Charges for services to public agencies 180.170
Billing for services to public agencies 180.180
Department of Justice Operating Account 180.190
Department of Justice Current Expense Account 180.200
Department of Justice Client Trust Account 180.205
Tobacco Enforcement Fund 180.210
Department of Justice 180.220
Powers and duties 180.225
Attorney General representing public bodies in antitrust proceedings 180.230
Compensation not allowed state departments for attorney services 180.235
Authority of agency to employ counsel 180.240
Attorney General and Department of Justice to have powers and prerogatives of district attorneys 180.260
Service of process by department employees 180.265
Authority of department to delegate certain duties to employees of Department of Revenue 180.267
Authority of Department of Justice to require fingerprints 180.269
Biennial litigation reports to Legislative Assembly 180.320
Cooperation with division in enforcement 180.330
District attorneys not relieved from duties relating to enforcement of support laws 180.340
Division of Child Support established 180.345
Child Support Program 180.350
Investigators to have authority of peace officers 180.360
Division exempt from payment of certain court fees 180.365
Child Support Suspense Fund 180.380
Disclosure of information to authorized persons 180.400
Legislative findings 180.405
Definitions 180.410
Manufacturer certification 180.415
Nonparticipating manufacturer certification 180.416
Nonparticipating manufacturer bond 180.420
Document retention period 180.425
Attorney General’s directory 180.430
Nonresident nonparticipating manufacturer service agent 180.435
Distributor obligations 180.440
Prohibited conduct 180.441
Prohibited shipping 180.445
Quarterly escrow deposits 180.448
Attorney General investigative demand 180.450
Judicial review 180.451
Civil remedies for violation of ORS 180.441 180.455
Revocation or suspension of distributor license 180.465
Legislative findings 180.468
Definitions 180.471
Manufacturer certification 180.474
Nonparticipating manufacturer certification 180.477
Attorney General’s directory 180.480
Nonresident nonparticipating manufacturer service agent 180.483
Distributor obligations 180.486
Prohibited conduct 180.489
Quarterly escrow deposits 180.491
Judicial review 180.494
Revocation or suspension of distributor license 180.500
Grants for training for groups and agencies that interact with persons who have experienced trauma 180.510
Functions of Department of Justice 180.520
Duties of department 180.540
Review of consumer contracts for conformity with plain language standards 180.545
Plain language standards 180.550
Compliance statement 180.555
Exemptions 180.600
Definitions 180.610
Investigation of organized criminal activity 180.620
Investigators to have authority of peace officers 180.630
Acceptance of federal grant of funds 180.640
Criminal Justice Revolving Account 180.700
Advisory committee 180.710
Program reviews 180.720
Hope Card Program 180.750
Definitions 180.755
Prohibited acts 180.760
Civil action for violation 180.765
Statute of limitation 180.770
Estoppel 180.775
Investigative demand 180.780
Distribution of recovered amounts 180.785
Remedy not exclusive 180.805
Prohibited involvement of public bodies in federal immigration law enforcement 180.810
Model confidentiality policy
Green check means up to date. Up to date

Current through early 2024

§ 180.440’s source at oregon​.gov