ORS 618.211
Labeling of packaged commodities

  • use of labeling terms restricted
  • scope of rules

(1)

Except as otherwise provided in ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) and the rules promulgated pursuant thereto, any commodity in package form introduced, delivered for introduction into or received in intrastate commerce and sold, offered or exposed for sale in intrastate commerce shall bear on the outside of the package definite, plain and conspicuous declarations of:

(a)

The identity of the commodity in the package, unless it is visible through the wrapper;

(b)

The net quantity of the contents in terms of weight, measure or count; and

(c)

In the case of any package sold, offered or exposed for sale in any place other than on the premises where packed, the name and place of business of the manufacturer, packer or distributor, as may be prescribed by rule.

(2)

In connection with the requirements of subsection (1)(b) of this section, neither the qualifying term “when packed” or any words of similar import, nor any term qualifying a unit of weight, measure or count such as “jumbo,” “giant” or “full” that tends to exaggerate the amount of commodity in a package shall be used.

(3)

In connection with the requirements of subsection (1)(b) of this section, the State Department of Agriculture by rule may establish:

(a)

Reasonable variations to be allowed, including variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure. However, such variations may not be permitted to the extent that the average of the quantities in the packages comprising a shipment, display or other lot is below the quantity stated, and no unreasonable shortage in any package shall be permitted even though overages in other packages in the same shipment, display or lot compensate for such shortage;

(b)

Exemptions for small packages; and

(c)

Exemptions for commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer. [1973 c.293 §22; 2005 c.22 §432]

Source: Section 618.211 — Labeling of packaged commodities; use of labeling terms restricted; scope of rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html.

See annotations under ORS 618.160 in permanent edition.

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
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