(b) The authority may commission employees of the authority as federal officers for the purpose of carrying out the duties prescribed under an agreement entered into under paragraph (a) of this subsection.
(c) The authority may adopt rules and take any action necessary to carry out the authority’s duties as established under an agreement entered into under paragraph (a) of this subsection.
(2)(a) The authority may enter into an agreement with federal, state and local government agencies, including federal, state and local law enforcement agencies, to assist the authority in carrying out the authority’s duties under ORS 431A.175 and to conduct random, unannounced inspections of wholesalers and retailers of tobacco products or inhalant delivery systems to ensure compliance with the laws of this state designed to discourage the use of tobacco products and inhalant delivery systems by persons under 21 years of age, including ORS 167.750, 167.755, 167.760, 167.765, 167.775, 167.780 and 431A.175.
(b) The authority shall ensure that a retailer is inspected as described in this subsection at least once each year. A retailer that is found to be out of compliance with the laws described in paragraph (a) of this subsection may be reinspected as the authority determines necessary.
(c) The authority may adopt rules to carry out paragraph (b) of this subsection.
(3)(a) If the authority enters into an agreement with the Department of State Police under subsection (2) of this section, the department may employ retired state police officers who are active reserve officers. Service by a retired state police officer under this paragraph is subject to ORS 238.082.
(b) The department may not use the services of a retired state police officer to displace an active state police member.
(4)(a) The authority may apply for and accept moneys from the federal government or other public or private sources and, in accordance with any federal restrictions or other funding source restrictions, use those moneys to carry out the duties and functions related to preventing the use of tobacco products or inhalant delivery systems by persons who are not of the minimum age to purchase tobacco products or inhalant delivery systems.
(b) Moneys received by the authority under paragraph (a) of this subsection shall be deposited in the Oregon Health Authority Fund established under ORS 413.101. Moneys subject to a federal restriction or other funding source restriction must be accounted for separately from other fund moneys.
(5)(a) The authority shall submit a written report each biennium to the Governor and to the appropriate committee or interim committee of the Legislative Assembly to which matters of public health are assigned.
(b) The report submitted under this subsection must contain information describing:
(A) The activities carried out to enforce the laws listed in subsection (2) of this section during the previous biennium;
(B) The extent of success achieved in reducing the availability of tobacco products and inhalant delivery systems to persons under 21 years of age; and
(C) The strategies to be utilized for enforcing the laws listed in subsection (2) of this section during the biennium following the report.
(6) The authority shall adopt rules for conducting random inspections of establishments that distribute or sell tobacco products or inhalant delivery systems. The rules shall provide that inspections may take place:
(a) Only in areas open to the public;
(b) Only during the hours that tobacco products or inhalant delivery systems are distributed or sold; and
(c) No more frequently than once a month in any single establishment unless a compliance problem exists or is suspected. [Formerly 431.853; 2017 c.701 §11; 2019 c.456 §8; 2021 c.586 §16]
Structure 2021 Oregon Revised Statutes
Chapter 431A - Public Health Programs and Activities
Section 431A.005 - Definitions.
Section 431A.055 - State Trauma Advisory Board.
Section 431A.060 - Designation of trauma areas; rules; trauma system hospitals.
Section 431A.065 - Oregon Health Authority to adopt rules for trauma system hospitals.
Section 431A.070 - Area trauma advisory boards; duties; members.
Section 431A.075 - Liability of provider.
Section 431A.090 - Designation of other trauma centers.
Section 431A.095 - Reporting of certain patients; reimbursement for certain services.
Section 431A.100 - Release of information from Oregon Trauma Registry.
Section 431A.125 - Oregon Health Authority powers; rules.
Section 431A.150 - Smoking cessation program reimbursement; rules.
Section 431A.153 - Tobacco Use Reduction Account.
Section 431A.155 - Oregon Health Authority to adopt rules for awarding grants.
Section 431A.175 - Definitions; unlawful activities; notice; rules.
Section 431A.190 - Definitions for ORS 431A.190 to 431A.216.
Section 431A.198 - Licensure; fees; rules; exemption.
Section 431A.202 - Revocation, suspension, refusal to issue or renew; rules.
Section 431A.204 - Seizure and forfeiture of contraband products; appeal.
Section 431A.206 - Suspense account for administration and enforcement.
Section 431A.212 - Intergovernmental agreements.
Section 431A.214 - Suspense account for fee money transfers.
Section 431A.218 - Local regulation.
Section 431A.253 - Definitions.
Section 431A.255 - List of high priority chemicals of concern in children’s products.
Section 431A.258 - Disclosure by manufacturers; notice requirement; exemption.
Section 431A.263 - Process for substituting chemicals; rules.
Section 431A.265 - Process for waiving requirement to remove or substitute chemicals.
Section 431A.270 - Testing for compliance; fee schedule; rules.
Section 431A.275 - Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263.
Section 431A.278 - High Priority Chemicals of Concern for Children’s Health Fund.
Section 431A.280 - Biennial report to Legislative Assembly.
Section 431A.300 - Definitions.
Section 431A.303 - Legislative findings.
Section 431A.310 - Limitation on liability; application.
Section 431A.313 - Poison Prevention Task Force; members; meetings; duties.
Section 431A.320 - Enforcement by civil action; injunction; damages; attorney fees.
Section 431A.323 - Prohibited conduct.
Section 431A.325 - Civil penalty for violation of ORS 431A.300 to 431A.325.
Section 431A.350 - Lead poisoning.
Section 431A.353 - Definitions.
Section 431A.360 - Lead poisoning prevention clearinghouse for schools.
Section 431A.363 - Civil penalty for violation of ORS 431A.355 or 431A.358; hearing.
Section 431A.365 - Costs imposed pursuant to ORS 431A.363; notice; hearing; lien.
Section 431A.400 - Healthy Homes Program; grants; reporting; rules.
Section 431A.402 - Healthy Homes Repair Fund.
Section 431A.410 - Grants for clean air programs.
Section 431A.415 - Oregon Health Authority grants for purchase of smoke filtration devices; rules.
Section 431A.417 - Reporting on smoke filtration device grants.
Section 431A.450 - Automated external defibrillators required at health clubs; exception.
Section 431A.475 - Oregon Health Authority duties.
Section 431A.500 - Spinal Cord Injury Research Board; members; terms; chairperson; meetings; rules.
Section 431A.505 - Duties of board; grants.
Section 431A.510 - Spinal Cord Injury Research Fund.
Section 431A.525 - Stroke Care Committee.
Section 431A.530 - Oregon Health Authority duties; database; confidentiality.
Section 431A.550 - Facilities to provide notice; rules.
Section 431A.560 - Educational materials about breast reconstruction; requirements.
Section 431A.600 - Oregon Health Authority to conduct prevention and education activities.
Section 431A.625 - Oregon Health Authority to establish services and programs.
Section 431A.650 - Alzheimer’s Disease Research Fund.
Section 431A.680 - Dissemination of informational materials.
Section 431A.700 - Oregon Health Authority to disseminate information.
Section 431A.725 - Qualifying schools; certification; rules.
Section 431A.750 - Examinations by state laboratory; rules; fees.
Section 431A.775 - Definitions.
Section 431A.850 - Definitions.
Section 431A.855 - Establishment of program; rules; report to commission.
Section 431A.860 - Duty of pharmacy to report to program; exceptions.
Section 431A.865 - Disclosure of information; corrections; records; immunity from liability.
Section 431A.867 - Agreement for use of program information.
Section 431A.869 - Sharing and use of program information with other states.
Section 431A.877 - Duty to register; rules.
Section 431A.880 - Licensing information; fees; rules.
Section 431A.890 - Prescription Monitoring Program Advisory Commission; purposes; members.
Section 431A.895 - Term; meetings; rules; quorum; expenses.
Section 431A.896 - Prescription Monitoring Program Prescribing Practices Review Subcommittee.
Section 431A.898 - Practitioner training; rules.
Section 431A.900 - Civil penalty for violation of ORS 431A.855 to 431A.900.