Public Health Programs and Activities

ORS 431A.183
Agreements to enforce regulation of tobacco products and inhalant delivery systems

  • report
  • rules

(1)(a) The Oregon Health Authority may enter into an agreement with federal agencies to assist the authority in monitoring and enforcing federal laws and regulations related to tobacco products or inhalant delivery systems.

(b)

The authority may commission employees of the authority as federal officers for the purpose of carrying out the duties prescribed under an agreement entered into under paragraph (a) of this subsection.

(c)

The authority may adopt rules and take any action necessary to carry out the authority’s duties as established under an agreement entered into under paragraph (a) of this subsection.
(2)(a) The authority may enter into an agreement with federal, state and local government agencies, including federal, state and local law enforcement agencies, to assist the authority in carrying out the authority’s duties under ORS 431A.175 (Definitions) and to conduct random, unannounced inspections of wholesalers and retailers of tobacco products or inhalant delivery systems to ensure compliance with the laws of this state designed to discourage the use of tobacco products and inhalant delivery systems by persons under 21 years of age, including ORS 167.750 (Definition for ORS 167), 167.755 (Selling tobacco products or inhalant delivery systems to person under 21 years of age), 167.760 (Purchase or attempted purchase of tobacco products or inhalant delivery system by person under 21 years of age), 167.765 (Retail store location of tobacco products or inhalant delivery systems), 167.775 (Local regulation of vending machines), 167.780 (Sale or dispensing of tobacco products or inhalant delivery systems by vending machine) and 431A.175 (Definitions).

(b)

The authority shall ensure that a retailer is inspected as described in this subsection at least once each year. A retailer that is found to be out of compliance with the laws described in paragraph (a) of this subsection may be reinspected as the authority determines necessary.

(c)

The authority may adopt rules to carry out paragraph (b) of this subsection.
(3)(a) If the authority enters into an agreement with the Department of State Police under subsection (2) of this section, the department may employ retired state police officers who are active reserve officers. Service by a retired state police officer under this paragraph is subject to ORS 238.082 (Limits on hours worked by retired members).

(b)

The department may not use the services of a retired state police officer to displace an active state police member.
(4)(a) The authority may apply for and accept moneys from the federal government or other public or private sources and, in accordance with any federal restrictions or other funding source restrictions, use those moneys to carry out the duties and functions related to preventing the use of tobacco products or inhalant delivery systems by persons who are not of the minimum age to purchase tobacco products or inhalant delivery systems.

(b)

Moneys received by the authority under paragraph (a) of this subsection shall be deposited in the Oregon Health Authority Fund established under ORS 413.101 (Oregon Health Authority Fund). Moneys subject to a federal restriction or other funding source restriction must be accounted for separately from other fund moneys.
(5)(a) The authority shall submit a written report each biennium to the Governor and to the appropriate committee or interim committee of the Legislative Assembly to which matters of public health are assigned.

(b)

The report submitted under this subsection must contain information describing:

(A)

The activities carried out to enforce the laws listed in subsection (2) of this section during the previous biennium;

(B)

The extent of success achieved in reducing the availability of tobacco products and inhalant delivery systems to persons under 21 years of age; and

(C)

The strategies to be utilized for enforcing the laws listed in subsection (2) of this section during the biennium following the report.

(6)

The authority shall adopt rules for conducting random inspections of establishments that distribute or sell tobacco products or inhalant delivery systems. The rules shall provide that inspections may take place:

(a)

Only in areas open to the public;

(b)

Only during the hours that tobacco products or inhalant delivery systems are distributed or sold; and

(c)

No more frequently than once a month in any single establishment unless a compliance problem exists or is suspected. [Formerly 431.853; 2017 c.701 §11; 2019 c.456 §8; 2021 c.586 §16]
TOBACCO RETAILER LICENSURE
(Generally)
Source

Last accessed
Mar. 11, 2023

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