ORS 616.215
Prohibited acts


The following acts and the causing thereof within the State of Oregon are prohibited:

(1)

The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded.

(2)

The adulteration or misbranding of any food.

(3)

The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

(4)

The distribution in commerce of a consumer commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.215 (Prohibited acts), 616.225 (Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity) to 616.256 (Labeling exemption for foods to be repackaged), 616.286 (Inspection and investigation powers of department), 616.295 (Reports and information issuable by department), 616.310 (Notice or warning of minor violations), 616.315 (Jurisdiction of courts), 616.325 (Consumer commodity labeling requirements), 616.330 (Alcoholic beverage exemption), 616.341 (Use of poisons, pesticides or food additives restricted), 616.350 (Control of food additives) to 616.366 (Rules for use of poisons, pesticides, food or color additives), 616.790 (Enforcement of ORS 616.775 to 616.790 by department) and 616.992 (General criminal penalty) and of rules promulgated pursuant thereto. However, this prohibition does not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons:

(a)

Are engaged in the packaging or labeling of such commodities; or

(b)

Prescribe or specify by any means the manner in which such commodities are packaged or labeled.

(5)

The dissemination of any false advertisement.

(6)

The refusal to permit entry or inspection, or to permit the taking of a sample, or to permit access to or the copying of any record, as authorized.

(7)

The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person from whom the person received in good faith the food.

(8)

The removal or disposal of a detained or embargoed article in violation of ORS 616.225 (Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity).

(9)

The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, if such act is done while such article is held for sale and results in such article being adulterated or misbranded.

(10)

Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification device authorized or required by rules promulgated under the provisions of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.295 (Reports and information issuable by department) and 616.305 (District attorney to prosecute violations) to 616.315 (Jurisdiction of courts).

(11)

The use by any person to the person’s own advantage, or disclosure, other than to the Director of Agriculture or the authorized representative of the director or to the courts when relevant in any judicial proceeding under ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules), of any information acquired under the authority of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) concerning any method or process which is a trade secret entitled to protection. [Amended by 1973 c.227 §3; 2001 c.320 §3]

Source: Section 616.215 — Prohibited acts, https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html.

616.010
State Department of Agriculture and Oregon Health Authority to administer and enforce food laws
616.015
Cooperation between Oregon Health Authority and State Department of Agriculture
616.020
Surveys, investigations and inquiries by Oregon Health Authority
616.028
State Department of Agriculture administration and enforcement of federal or interstate food safety systems
616.065
Certificate of analysis or test as evidence
616.073
Policy and prohibitions on sulfite use
616.077
Oregon Health Authority rules
616.205
Definitions for ORS 616.205 to 616.385
616.210
“Selling of food” construed
616.215
Prohibited acts
616.217
Restriction on labeling or selling food fish product as halibut
616.220
Injunction against violations of ORS 616.215
616.223
Processing of reclaimed fish for food banks
616.225
Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity
616.230
Definitions and standards
616.235
When food deemed adulterated
616.245
Adding poisonous or deleterious substance
616.250
When food deemed misbranded
616.256
Labeling exemption for foods to be repackaged
616.265
When advertisement deemed false
616.270
Determining when label or advertisement misleading
616.275
Liability for dissemination of false advertisement
616.286
Inspection and investigation powers of department
616.295
Reports and information issuable by department
616.305
District attorney to prosecute violations
616.310
Notice or warning of minor violations
616.315
Jurisdiction of courts
616.320
Short title
616.325
Consumer commodity labeling requirements
616.330
Alcoholic beverage exemption
616.333
Diethylstilbestrol use in food
616.335
Definition for ORS 616.205 and 616.335 to 616.385
616.341
Use of poisons, pesticides or food additives restricted
616.345
Rules governing use of pesticide chemicals
616.350
Control of food additives
616.355
Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350
616.360
Standards for rules
616.366
Rules for use of poisons, pesticides, food or color additives
616.380
Enforcement procedure for control of food additives
616.385
Public hearing required for rules
616.555
Definitions for ORS 616.555 to 616.585
616.560
Determination of menu item typical values
616.565
Calorie content information for combination or multiserving items
616.570
Menus, menu boards and food tags
616.575
Rules
616.580
Inspections
616.585
Local disclosure requirements prohibited
616.590
Lack of cause of action or claim
616.680
Definitions for ORS 616.680, 616.683 and 616.686
616.683
Regulatory exemption for sales location and farm direct marketer of certain agricultural products
616.686
Farm direct marketing rules
616.695
Definitions for ORS 616.695 to 616.755
616.700
Department to enforce sanitation requirements for food and food establishments
616.706
Licenses
616.708
Additional users of establishment
616.711
Where licenses not required
616.713
Unauthorized food establishments
616.716
When inspection authorized
616.718
Waiver of routine inspection
616.721
Exemption from ORS 616.695 to 616.755 for federally inspected establishments
616.723
Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings
616.726
City regulation of food and food establishments authorized
616.731
Deposit and use of fees and money
616.735
When insanitary conditions exist
616.740
Condemnation where insanitary conditions exist
616.745
Handling of food by diseased persons prohibited
616.750
Procedure where food handler suspected of disease
616.755
Securing information from health officers
616.761
Standards of identity and quality for olive oil
616.766
Standards of identity and quality for honey
616.775
Definitions for ORS 616.775 to 616.790
616.780
Standards of identity or quality for flours, macaroni and noodle products
616.785
Sale of unenriched flours, macaroni or noodle products prohibited
616.790
Enforcement of ORS 616.775 to 616.790 by department
616.800
Short title
616.805
Definitions for ORS 616.800 to 616.835 and 616.994
616.810
Exemption for alcoholic beverages
616.815
Open date labeling required for packaged perishable food sold at retail
616.820
Label required to be affixed to package not later than time of delivery to retail seller
616.825
Sale of perishable food after expiration of pull date prohibited
616.830
Altering labels or using nonconforming labels prohibited
616.835
Rulemaking authority
616.850
Definitions for ORS 616.850 to 616.890
616.855
Items exempt from unit pricing requirements
616.860
Unit pricing of packaged consumer commodities required
616.865
Temporary sale items exempt
616.870
Prescribed pricing by units of measurement
616.875
Rules
616.880
Written warning notice for minor violation
616.890
Short title
616.892
Single-use plastic straws
616.894
Local plastic straw laws
616.992
General criminal penalty
616.994
Criminal penalty for open date labeling law violations
616.997
Civil penalties
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