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

  • report
  • rules

(1)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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 167.755 and 431A.175), 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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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]

Source: Section 431A.183 — Agreements to enforce regulation of tobacco products and inhalant delivery systems; report; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html.

431A.005
Definitions
431A.010
Power of Oregon Health Authority and local public health administrators to enforce public health laws
431A.015
Authority of Public Health Director to take public health actions
431A.020
Rules
431A.050
Oregon Health Authority to develop comprehensive emergency medical services and trauma system
431A.055
State Trauma Advisory Board
431A.060
Designation of trauma areas
431A.065
Oregon Health Authority to adopt rules for trauma system hospitals
431A.070
Area trauma advisory boards
431A.075
Liability of provider
431A.080
Duties of Oregon Health Authority related to trauma
431A.085
Emergency Medical Services and Trauma Systems Program created in Oregon Health Authority
431A.090
Designation of other trauma centers
431A.095
Reporting of certain patients
431A.100
Release of information from Oregon Trauma Registry
431A.105
Emergency Medical Services for Children Program
431A.125
Oregon Health Authority powers
431A.150
Smoking cessation program reimbursement
431A.153
Tobacco Use Reduction Account
431A.155
Oregon Health Authority to adopt rules for awarding grants
431A.158
Oregon Health Authority to prepare report
431A.175
Definitions
431A.178
Civil penalty for violation of ORS 431A.175, other law, rule or regulation governing tobacco products or inhalant delivery systems
431A.183
Agreements to enforce regulation of tobacco products and inhalant delivery systems
431A.190
Definitions for ORS 431A.190 to 431A.216
431A.192
Purpose
431A.194
Licensure requirement
431A.196
Exempted premises
431A.198
Licensure
431A.200
Proof of licensure
431A.202
Revocation, suspension, refusal to issue or renew
431A.204
Seizure and forfeiture of contraband products
431A.206
Suspense account for administration and enforcement
431A.208
Rules
431A.210
Fees
431A.212
Intergovernmental agreements
431A.214
Suspense account for fee money transfers
431A.216
Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems
431A.218
Local regulation
431A.220
Continuity
431A.250
Short title
431A.253
Definitions
431A.255
List of high priority chemicals of concern in children’s products
431A.258
Disclosure by manufacturers
431A.260
Requirement to remove or substitute high priority chemicals of concern
431A.263
Process for substituting chemicals
431A.265
Process for waiving requirement to remove or substitute chemicals
431A.268
Exemption from requirement to remove or substitute chemicals
431A.270
Testing for compliance
431A.273
Participation in Interstate Chemicals Clearinghouse
431A.275
Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263
431A.278
High Priority Chemicals of Concern for Children’s Health Fund
431A.280
Biennial report to Legislative Assembly
431A.300
Definitions
431A.303
Legislative findings
431A.305
Aversive agent required
431A.308
Toxic household products required to comply with aversive agent requirement
431A.310
Limitation on liability
431A.313
Poison Prevention Task Force
431A.315
Efficacy and toxicity data to be made available to task force
431A.318
Reports to Legislative Assembly
431A.320
Enforcement by civil action
431A.323
Prohibited conduct
431A.325
Civil penalty for violation of ORS 431A.300 to 431A.325
431A.350
Lead poisoning
431A.353
Definitions
431A.355
Power of Oregon Health Authority to regulate lead-based paint activities and renovation
431A.358
Performance of lead-based paint activities and renovation without certification prohibited
431A.360
Lead poisoning prevention clearinghouse for schools
431A.363
Civil penalty for violation of ORS 431A.355 or 431A.358
431A.365
Costs imposed pursuant to ORS 431A.363
431A.400
Healthy Homes Program
431A.402
Healthy Homes Repair Fund
431A.410
Grants for clean air programs
431A.412
Department of Human Services as lead state agency for clean air shelter operations
431A.415
Oregon Health Authority grants for purchase of smoke filtration devices
431A.417
Reporting on smoke filtration device grants
431A.450
Automated external defibrillators required at health clubs
431A.455
Automated external defibrillators required at places of public assembly
431A.460
Legislative findings
431A.463
Prohibition on requiring prior authorization of payment for substance use disorder treatment
431A.475
Oregon Health Authority duties
431A.500
Spinal Cord Injury Research Board
431A.505
Duties of board
431A.510
Spinal Cord Injury Research Fund
431A.525
Stroke Care Committee
431A.530
Oregon Health Authority duties
431A.550
Facilities to provide notice
431A.560
Educational materials about breast reconstruction
431A.570
Significant exposure to bodily fluids
431A.575
Oregon Health Authority to provide pamphlets
431A.600
Oregon Health Authority to conduct prevention and education activities
431A.625
Oregon Health Authority to establish services and programs
431A.650
Alzheimer’s Disease Research Fund
431A.655
Control of fund
431A.675
Maternal Mental Health Patient and Provider Education Program
431A.680
Dissemination of informational materials
431A.685
Funding
431A.700
Oregon Health Authority to disseminate information
431A.725
Qualifying schools
431A.750
Examinations by state laboratory
431A.775
Definitions
431A.780
Recombinant DNA research to comply with federal guidelines
431A.850
Definitions
431A.855
Establishment of program
431A.860
Duty of pharmacy to report to program
431A.865
Disclosure of information
431A.866
Prescribing practices
431A.867
Agreement for use of program information
431A.869
Sharing and use of program information with other states
431A.870
Duty of pharmacist to fill prescription
431A.875
Reports to health professional regulatory boards
431A.877
Duty to register
431A.880
Licensing information
431A.890
Prescription Monitoring Program Advisory Commission
431A.895
Term
431A.896
Prescription Monitoring Program Prescribing Practices Review Subcommittee
431A.898
Practitioner training
431A.900
Civil penalty for violation of ORS 431A.855 to 431A.900
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