ORS 431A.218
Local regulation
(1)
As used in this section:(a)
“Governing body of a local public health authority” has the meaning given that term in ORS 431.003 (Definitions).(b)
“Inhalant delivery system” has the meaning given that term in ORS 431A.175 (Definitions).(c)
“Local public health authority” has the meaning given that term in ORS 431.003 (Definitions).(d)
“Tobacco products” has the meaning given that term in ORS 431A.175 (Definitions).(2)
Each local public health authority may:(a)
Enforce, pursuant to an ordinance enacted by the governing body of the local public health authority, standards for regulating the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety in addition to the standards described in paragraph (b) of this subsection, including qualifications for engaging in the retail sale of tobacco products or inhalant delivery systems that are in addition to the qualifications described in ORS 431A.198 (Licensure);(b)
Intentionally left blank —Ed.(A)
Administer and enforce standards established by state law or rule relating to the regulation of the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety if the local public health authority and the Oregon Health Authority enter into an agreement pursuant to ORS 190.110 (Authority of units of local government and state agencies to cooperate); or(B)
Perform the duties described in this section in accordance with ORS 431.413 (Powers and duties of local public health authorities) (2) or (3); and(c)
Use outreach and educational services to provide businesses that engage in the retail sale of tobacco products or inhalant delivery systems with information pertaining to local ordinances and rules, state laws and rules and federal laws and regulations regulating the retail sale of tobacco products and inhalant delivery systems.(3)
Intentionally left blank —Ed.(a)
A local public health authority may impose on businesses that engage in the retail sale of tobacco products or inhalant delivery systems a fee for paying the expenses of activities described in subsection (2) of this section. Pursuant to an agreement entered into under ORS 431A.212 (Intergovernmental agreements), the Department of Revenue shall collect the fee moneys for, and transfer the fee moneys to, the local public health authority. Moneys transferred to a local public health authority under this subsection must be deposited in a fund of the local public health authority. Moneys deposited in a fund under this subsection may only be spent by the local public health authority for the purposes of subsection (2) of this section.(b)
The governing body of a local public health authority may, pursuant to ORS 431.415 (Duties of governing bodies of local public health authorities), establish a schedule for the fees described in paragraph (a) of this subsection.(4)
A local public health authority may impose a civil penalty not to exceed $5,000 on a business that engages in the retail sale of tobacco products or inhalant delivery systems for violating a standard described in subsection (2) of this section. If a civil penalty is imposed under this section, a civil penalty may not be imposed for the commission of the same act under ORS 431A.178 (Civil penalty for violation of ORS 431A.175, other law, rule or regulation governing tobacco products or inhalant delivery systems) or 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).(5)
The Oregon Health Authority shall:(a)
Subject to ORS 431A.220 (Continuity), ensure that state standards established by state law and rule regarding the regulation of the retail sale of tobacco products and inhalant delivery systems are administered and enforced consistently throughout this state;(b)
Establish a database or other mechanism for collecting information from local public health authorities and the general public regarding the regulation of the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety, including any information related to complaints about a person that makes retail sales of tobacco products or inhalant delivery systems;(c)
Provide technical assistance to local public health authorities regarding the regulation of the retail sale of tobacco products and inhalant delivery systems;(d)
Assess the effectiveness of state and local programs for regulating the retail sale of tobacco products and inhalant delivery systems; and(e)
Adopt any rules necessary to implement or administer the provisions of this section.(6)
Intentionally left blank —Ed.(a)
A city or local public health authority may not adopt an ordinance that prohibits a premises that makes retail sales of tobacco products or inhalant delivery systems from being located at the same address as a pharmacy, as defined in ORS 689.005 (Definitions).(b)
A city or local public health authority that, on or before September 25, 2021, adopted an ordinance described in paragraph (a) of this subsection may continue to enforce the ordinance on and after September 25, 2021.(7)
Except as provided in ORS 431A.220 (Continuity), a city or local public health authority may not require a person that makes retail sales of tobacco products or inhalant delivery systems to hold a license or other authorization issued by the city or local public health authority in addition to the license issued under ORS 431A.198 (Licensure). [2021 c.586 §17]
Source:
Section 431A.218 — Local regulation, https://www.oregonlegislature.gov/bills_laws/ors/ors431A.html.
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