ORS 618.201
Sampling of packages and commodities

  • ordering packages and commodities withheld from sale
  • disposition after order

(1)

The State Department of Agriculture, as often as necessary to provide adequate protection, shall weigh or measure and inspect packages or amounts of commodities sold, offered or exposed for sale, or in the process of delivery, to determine whether they contain the amounts represented and whether they are sold, offered or exposed for sale in accordance with ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products). If such packages or amounts of commodities are found not to contain the amounts represented, or are found to be sold, offered or exposed for sale in violation of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products), the department may order them withheld from sale and may so mark or tag them.

(2)

In carrying out the provisions of this section, the department may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot.

(3)

No person shall:

(a)

Sell, offer or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered withheld from sale and marked or tagged as provided in this section until such package or amount of commodity has been brought into full compliance with all the requirements of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products); or

(b)

Otherwise dispose of any package or amount of the commodity that has been ordered withheld from sale and marked or tagged as provided in this section and that has not been brought into compliance with the requirements of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products), in any manner, except with the specific approval of the department. [1973 c.293 §10; 2005 c.22 §430]

Source: Section 618.201 — Sampling of packages and commodities; ordering packages and commodities withheld from sale; disposition after order, 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

§ 618.201’s source at oregon​.gov