Public Health Programs and Activities

ORS 431A.175
Definitions

  • unlawful activities
  • notice
  • rules


(1)

As used in this section and ORS 431A.183 (Agreements to enforce regulation of tobacco products and inhalant delivery systems):

(a)

(A) “Inhalant delivery system” means:

(i)

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

(ii)

A component of a device described in this subparagraph or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this subparagraph, whether the component or substance is sold separately or is not sold separately.

(B)

“Inhalant delivery system” does not include:

(i)

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

(ii)

Tobacco products.

(b)

“Tobacco products” means:

(A)

Bidis, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco and other forms of tobacco, prepared in a manner that makes the tobacco suitable for chewing or smoking in a pipe or otherwise, or for both chewing and smoking;

(B)

Cigarettes as defined in ORS 323.010 (Definitions for ORS 323.005 to 323.482) (1); or

(C)

A device that:

(i)

Can be used to deliver tobacco products to a person using the device; and

(ii)

Has not 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.

(2)

It is unlawful:

(a)

To violate ORS 167.750 (Definition for ORS 167.755 and 431A.175).

(b)

To fail as a retailer of tobacco products to post a notice substantially similar to the notice described in subsection (3) of this section in a location that is clearly visible to the seller and the purchaser of the tobacco products.

(c)

To fail as a retailer of inhalant delivery systems to post a notice in a location that is clearly visible to the seller and the purchaser of the inhalant delivery systems that it is unlawful to sell inhalant delivery systems to persons under 21 years of age. The Oregon Health Authority shall adopt by rule the content of the notice required under this paragraph.

(d)

To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery system is not labeled in accordance with rules adopted by the authority.

(e)

To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery system is not packaged in child-resistant safety packaging, as required by the authority by rule.

(f)

To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery system is packaged in a manner that is attractive to minors, as determined by the authority by rule.

(g)

To distribute, sell or allow to be sold cigarettes in any form other than a sealed package.

(3)

The notice required by subsection (2)(b) of this section must be substantially as follows:
NOTICE
The sale of tobacco in any form to persons under 21 years of age is prohibited by law. Any person who sells, or allows to be sold, tobacco to a person under 21 years of age is in violation of Oregon law.

(4)

Rules adopted under subsection (2)(d), (e) and (f) of this section must be consistent with any regulation adopted by the United States Food and Drug Administration related to labeling or packaging requirements for inhalant delivery systems. [Formerly 431.840; 2017 c.701 §10]
Note: The amendments to 431A.175 (Definitions) by section 16, chapter 525, Oregon Laws 2019, were referred to the people for their approval or rejection at the regular general election to be held throughout this state on November 3, 2020. See section 22, chapter 525, Oregon Laws 2019. 431A.175 (Definitions), as amended by section 16, chapter 525, Oregon Laws 2019, is set forth for the user’s convenience.
431A.175 (Definitions). (1) As used in this section and ORS 431A.183 (Agreements to enforce regulation of tobacco products and inhalant delivery systems):

(a)

(A) “Inhalant delivery system” means:

(i)

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

(ii)

A component of a device described in this subparagraph or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this subparagraph, whether the component or substance is sold separately or is not sold separately.

(B)

“Inhalant delivery system” does not include:

(i)

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

(ii)

Tobacco products.

(b)

“Tobacco products” means:

(A)

Bidis, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco and other forms of tobacco, prepared in a manner that makes the tobacco suitable for chewing or smoking in a pipe or otherwise, or for both chewing and smoking;

(B)

Cigarettes as defined in ORS 323.010 (Definitions for ORS 323.005 to 323.482) (1); or

(C)

A device that:

(i)

Can be used to deliver tobacco products to a person using the device; and

(ii)

Has not 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.

(2)

It is unlawful:

(a)

To violate ORS 167.750 (Definition for ORS 167.755 and 431A.175).

(b)

To fail as a retailer of tobacco products to post a notice substantially similar to the notice described in subsection (3) of this section in a location that is clearly visible to the seller and the purchaser of the tobacco products.

(c)

To fail as a retailer of inhalant delivery systems to post a notice in a location that is clearly visible to the seller and the purchaser of the inhalant delivery systems that it is unlawful to sell inhalant delivery systems to persons under 21 years of age. The Oregon Health Authority shall adopt by rule the content of the notice required under this paragraph.

(d)

To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery system is not labeled in accordance with rules adopted by the authority.

(e)

To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery system is not packaged in child-resistant safety packaging, as required by the authority by rule.

(f)

To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery system is packaged in a manner that is attractive to minors, as determined by the authority by rule.

(g)

To distribute, sell or allow to be sold cigarettes in any form other than a sealed package that contains at least 20 cigarettes.

(3)

The notice required by subsection (2)(b) of this section must be substantially as follows:
NOTICE
The sale of tobacco in any form to persons under 21 years of age is prohibited by law. Any person who sells, or allows to be sold, tobacco to a person under 21 years of age is in violation of Oregon law.

(4)

Rules adopted under subsection (2)(d), (e) and (f) of this section must be consistent with any regulation adopted by the United States Food and Drug Administration related to labeling or packaging requirements for inhalant delivery systems.

Source

Last accessed
Jun. 26, 2021