General and Miscellaneous Provisions

ORS 616.215
Prohibited acts

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


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


The adulteration or misbranding of any food.


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


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:


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


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


The dissemination of any false advertisement.


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.


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.


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).


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.


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).


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]


Last accessed
Jun. 26, 2021