ORS 480.340
Automatic shut-off devices regulated

  • aviation fuel exception

An owner, operator or employee of a filling station, service station, garage or other dispensary where Class 1 flammable liquids, except aviation fuels, are dispensed at retail may not install or use or permit the use of a device that permits the dispensing of the liquids when the operator of the discharge nozzle removes the operator’s hand from the control lever, unless the device is equipped with an automatic nozzle of a type that has been approved by the State Fire Marshal and that has as an integral part of the automatic nozzle assembly a latch-open device capable of shutting off the flow of the liquids reliably when the tank is filled or when the nozzle falls or slips from the filling neck of the tank. [Amended by 1959 c.73 §2; 2001 c.285 §2; 2023 c.607 §3]
Note: Sections 1 and 2, chapter 261, Oregon Laws 2023, provide:
Sec. 1. (1) As used in this section, “2020 wildfires” includes all wildfires within Marion County that were identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act under ORS 476.510 (Short title) to 476.610 (Payment of claims) between August 1 and September 30, 2020.

(2)

Notwithstanding ORS 480.320 [repealed], 480.330 [repealed], 480.340 (Automatic shut-off devices regulated) and 480.349 [repealed], and subject to ORS 480.344 (Equal access for persons with disabilities), a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail may permit a customer to use or manipulate a device for dispensing liquids into the fuel tank of a motor vehicle or other retail container, regardless of whether an owner, operator or employee of the dispensary is present at the dispensary if:

(a)

The dispensary is located within a city of Marion County that was directly impacted as a result of the 2020 wildfires; and

(b)

The city described in paragraph (a) of this subsection is located at least 15 driving miles from another city with a retail dispensary, measured by the shortest distance by public roads between the two dispensaries.

(3)

Sales under subsection (2) of this section do not make a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail subject to any provisions of ORS 480.315 to 480.385 (Civil penalty for gasoline dispensing law violations) [series became 480.310 (Definitions for ORS 480.310 to 480.385) to 480.385 (Civil penalty for gasoline dispensing law violations)] regulating nonretail facilities.

(4)

This section does not prohibit, limit or condition any dispensing of Class 1 flammable liquids or diesel fuel otherwise authorized under ORS 480.315 to 480.385 (Civil penalty for gasoline dispensing law violations). [2023 c.261 §1]
Sec. 2. Section 1 of this 2023 Act is repealed on January 2, 2029. [2023 c.261 §2]

Source: Section 480.340 — Automatic shut-off devices regulated; aviation fuel exception, https://www.­oregonlegislature.­gov/bills_laws/ors/ors480.­html (accessed May 26, 2025).

Notes of Decisions

This section does not bestow privilege or immunity on “true class” therefore it does not violate Article I, section 20, of the Oregon Constitution. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied

Where rational basis exists for prohibiting retail coin-operated or self-service dispensing device for gasoline, there is no Equal Protection Clause violation. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied

Where this section does not raise economic protectionist concerns, it does not violate Commerce Clause of United States Constitution. Atlantic Richfield Co. v. Greene, 100 Or App 16, 784 P2d 442 (1989), Sup Ct review denied

Attorney General Opinions

Self-service gasoline sales, (1990) Vol 46, p 342

480.010
Labels for blasting powder and fuse
480.020
Prohibition against sale of bad powder
480.030
Fuse unfit for use and sale
480.040
Sale, exchange or possession, when unlawful
480.050
Prohibition against intrastate transportation of explosives in passenger vehicle operated by common carrier
480.060
Transportation of certain explosives prohibited
480.070
Fire bombs prohibited
480.085
Requirement for removal of unused explosives from work area
480.095
Penalty and civil liability for violation of ORS 480.085
480.111
Definitions for ORS 480.111 to 480.165
480.120
Sale, possession and use of fireworks prohibited
480.123
Use for repelling birds or other animals
480.124
Use for control of predatory animals allowed
480.127
Permit for retail sale of consumer fireworks
480.130
Permit for fireworks display
480.140
Fireworks displays to be under supervision of police and fire department chiefs or county court
480.150
Permits for fireworks sales or displays
480.152
Publication of advertisement for sale of unlawful fireworks prohibited
480.154
Manufacturer or wholesaler required to maintain records of sale of fireworks
480.156
Sale of fireworks to out-of-state resident without valid license or permit prohibited
480.158
Parents of minor liable for costs incurred in suppressing fires caused by use of fireworks by minor
480.160
Local regulation and effect of state law
480.165
Civil penalty for fireworks law violations
480.200
Definitions for ORS 480.200 to 480.290
480.205
Application
480.210
Certificate, license or permit required
480.215
Transfer of explosives limited
480.225
Eligibility for certificate of possession
480.230
Application for certificate of possession
480.235
Waiting period for issuance of certificate of possession
480.239
Application for renewal of certificate of possession
480.244
Storage facility approval
480.265
Report of loss, theft or unlawful removal of explosives required
480.270
Revocation or suspension for violations
480.275
Hearings on denial, suspension or revocation of certificate
480.280
Administration and enforcement by State Fire Marshal
480.290
Requirements for person driving vehicle transporting explosives
480.310
Definitions for ORS 480.310 to 480.385
480.332
Fuel dispensing devices
480.340
Automatic shut-off devices regulated
480.341
Customer operation of gasoline dispensing device in low-population county of eastern Oregon
480.344
Equal access for persons with disabilities
480.345
Conditions for operation of dispensing device by certain nonretail customers
480.347
Use of gasoline dispensing device by emergency service volunteer
480.350
License required for operation of nonretail facility
480.355
Conditional use license
480.360
Exemption from gallonage requirements of ORS 480.345
480.365
Suspension, revocation, refusal to issue or renew nonretail facility license
480.370
Subpoenas for investigation
480.375
Safety inspection of facilities by State Fire Marshal
480.380
Rules
480.385
Civil penalty for gasoline dispensing law violations
480.387
Timeline for imposing civil penalties
480.390
Nonretail facilities at airports
480.410
Definition
480.420
Liquefied petroleum gas rules and regulations
480.430
Liquefied petroleum gas containers
480.432
Licenses required
480.434
Examination of applicants for licenses
480.435
Licenses
480.436
License fees
480.440
Inspection of certain storage tanks
480.445
Regulation of liquefied petroleum gas container or receptacle siting and installation
480.450
Notice of new installations
480.460
Disposition of fees
480.510
Short title
480.515
Definitions for ORS 480.510 to 480.670
480.520
Purpose of ORS 480.510 to 480.670
480.525
Exempt vessels
480.530
Powers and duties of department
480.535
Board of Boiler Rules
480.540
Term of members
480.545
Rules
480.550
Minimum safety standards
480.555
Prohibitions relating to nonconforming vessels
480.560
Inspections
480.565
Chief and deputy inspectors
480.570
Inspections by special inspectors or others
480.580
Access to buildings and premises by inspectors
480.585
Temporary operation authorization
480.595
Permits
480.600
Special provisions on permit and inspection fees
480.605
Miscellaneous fees
480.610
Disposition of fees
480.615
Appeals
480.630
Licensing of boiler contractors and persons installing, altering or repairing boilers or pressure vessels
480.632
Employment of unlicensed worker prohibited
480.634
Exemption of journeyman plumber for certain activities
480.640
When court action not available
480.645
Standardized examination
480.647
Quality control procedures for welding on nonboiler external piping
480.660
Notice of violation
480.670
Civil penalty for Boiler and Pressure Vessel Law violations
480.990
Penalties
Green check means up to date. Up to date

Current through early 2026

§ 480.340. Automatic shut-off devices regulated's source at oregon​.gov