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Notwithstanding ORS 480.320 [repealed], 480.330 [repealed], 480.340 (Automatic shut-off devices regulated) and 480.349 [repealed], and subject to ORS 480.344 (Equal access for persons with disabilities), a filling station, service station, garage or other dispensary where Class 1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