ORS 618.071
Inspection and investigation authority of department

  • written notices for minor violations
When necessary for the enforcement of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products), or rules promulgated pursuant thereto, the State Department of Agriculture is:

(1)

Authorized to enter during normal business hours any premises, including buildings or mobile facilities, where commercial transactions are conducted, commodities are located, or weights and measures are employed. If such premises are not open to the public, a department representative shall first present the credentials of the representative and obtain consent before making entry thereto. If such entry is denied, the department may apply for a search warrant from any person authorized to issue search warrants.

(2)

Empowered to stop any commercial vehicle and, after presentment of credentials, require the person in charge to move the vehicle to a designated place for inspection on probable cause that a violation of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) has occurred or is occurring.

(3)

Authorized, in the public interest, to issue written notices or warnings to violators for minor infractions of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) in lieu of referring the matter to the district attorney. [1973 c.293 §13; 1999 c.59 §183; 2005 c.22 §421]

Source: Section 618.071 — Inspection and investigation authority of department; written notices for minor violations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html.

618.010
Definitions 618.016
Policy 618.021
Duties of director 618.026
Delegation of duties and powers of department and director 618.031
Rulemaking authority 618.036
Establishing weights and measures system 618.041
Standards for weights and measures system 618.046
Secondary standards 618.051
Specifications and tolerances of commercial weights and measures 618.056
Testing and inspecting weights and measures offered for sale or used commercially 618.061
Testing weights and measures at institutions supported by state funds 618.066
Department investigation of alleged weights and measures law violations 618.071
Inspection and investigation authority of department 618.076
Approving use of weights and measures 618.081
Owners of weights and measures required to correct deficiencies 618.086
Orders restricting distribution of weights and measures 618.091
Security seal to be attached to weights and measures devices 618.096
Prohibited acts involving commercial weights and measures 618.101
Evidentiary presumptions regarding weights and measures law 618.115
Voluntary inspection of weighing or measuring instruments 618.121
License required for commercially operated weighing or measuring instrument 618.126
Exemptions from licensing requirement 618.131
Weights and measures licenses in addition to other licenses 618.136
Establishing license fees 618.141
Maximum license fees 618.146
Term of licenses 618.151
Commercial use of unlicensed weighing or measuring instrument prohibited 618.156
Forms, certificates and identification tags 618.161
Notice of violation to owner or operator of unlicensed weighing or measuring instrument 618.201
Sampling of packages and commodities 618.206
Manner of selling commodities 618.211
Labeling of packaged commodities 618.216
Cost per unit labeling requirements 618.221
Restriction on manner of packaging commodities 618.226
Commodity price and quantity advertising requirements 618.231
“Weight” defined 618.236
Price misrepresentation prohibited 618.241
Written invoice of certain commodity sales required 618.246
Sale by weight required for certain food products 618.275
Testing and inspection of scales 618.406
Definitions 618.501
Definitions 618.506
Enjoining security seal violations 618.511
Remedial power of court 618.516
Civil action by private party 618.521
Investigative demand 618.526
Method of serving investigative demand 618.531
Effect of failure to obey investigative demand 618.541
Loss of license for operation in violation of injunction 618.546
Reports by district attorney to Attorney General 618.551
Remedies supplementary to existing statutory or common law remedies 618.991
Penalties 618.995
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 618.071’s source at oregon​.gov