2021 Oregon Revised Statutes
Chapter 433 - Disease and Condition Control; Mass Gatherings; Indoor Air
Section 433.835 - Definitions for ORS 433.835 to 433.875.


(1) "Cigar bar" means a business that:
(a) Has on-site sales of cigars as defined in ORS 323.500;
(b) Has a humidor on the premises;
(c) Allows the smoking of cigars on the premises but prohibits the smoking, aerosolizing or vaporizing of other inhalants on the premises;
(d) Has been issued and operates under a full on-premises sales license issued under ORS 471.175;
(e) Prohibits persons under 21 years of age from entering the premises and posts notice of the prohibition;
(f) Does not offer video lottery games as authorized under ORS 461.217;
(g) Has a maximum seating capacity of 40 persons;
(h) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and
(i) Requires all employees to read and sign a document that explains the dangers of exposure to secondhand smoke.
(2) "Enclosed area" means the entirety of the space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling.
(3) "Inhalant" means nicotine, a cannabinoid or any other substance that:
(a) Is in a form that allows the nicotine, cannabinoid or substance to be delivered into a person’s respiratory system;
(b) Is inhaled for the purpose of delivering the nicotine, cannabinoid or other substance into a person’s respiratory system; and
(c)(A) Is not approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose; or
(B) If approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose, is not marketed and sold solely for that purpose.
(4)(a) "Place of employment" means an enclosed area under the control of a public or private employer, including work areas, employee lounges, vehicles that are operated in the course of an employer’s business and that are not operated exclusively by one employee, rest rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators and stairways.
(b) "Place of employment" does not include a private residence unless it is used as a child care facility as defined in ORS 329A.250 or a facility providing adult day care as defined in ORS 410.490.
(5) "Public place" means an enclosed area open to the public.
(6) "Smoke shop" means a business that is certified with the Oregon Health Authority as a smoke shop pursuant to the rules adopted under ORS 433.847.
(7) "Smoking instrument" means any cigar, cigarette, pipe or other instrument used to smoke tobacco, cannabis or any other inhalant. [1981 c.384 §2; 2001 c.990 §1; 2007 c.602 §1; 2009 c.595 §684; 2011 c.601 §1; 2015 c.158 §14; 2017 c.21 §108; 2017 c.732 §1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 12 - Public Health

Chapter 433 - Disease and Condition Control; Mass Gatherings; Indoor Air

Section 433.001 - Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770.

Section 433.004 - Reportable diseases; duty to report; investigation; effect of failure to report; rules.

Section 433.006 - Investigation and control measures; rules.

Section 433.008 - Confidentiality of disclosure; exceptions; privilege.

Section 433.009 - Reporting by law enforcement unit.

Section 433.010 - Spreading disease prohibited; health certificates to be issued by health professionals; rules.

Section 433.017 - Test of blood of pregnant woman required; patient consent; rules.

Section 433.035 - Testing or examination of persons with certain diseases or conditions; order for medication or treatment.

Section 433.040 - Oregon Vaccine Education and Prioritization Plan; implementation of plan during vaccine shortage; rules; penalties.

Section 433.045 - Notice of HIV test required; exceptions.

Section 433.055 - Prevalence studies.

Section 433.060 - Definitions for ORS 433.060 to 433.080.

Section 433.065 - Procedures for HIV testing; rules.

Section 433.070 - Compliance with procedures required.

Section 433.075 - Responsibility for cost of test; confidentiality.

Section 433.080 - When test may be required; procedure to require test; rules.

Section 433.090 - Definitions for ORS 433.090 to 433.102.

Section 433.094 - Development of immunization registry and tracking and recall system; standards; release of information.

Section 433.095 - Reporting information to registry; rules.

Section 433.096 - Receiving and disclosing registry information.

Section 433.098 - Nonliability for disclosing or using information; confidentiality of information; removal of information.

Section 433.100 - Parental consent not required for enrollment in registry; rules; fees.

Section 433.102 - Parental responsibility for immunization; medical or religious exemptions.

Section 433.103 - Reporting and training requirements; exemptions; rules; redistribution of unused vaccines.

Section 433.104 - Use of immunization registry for potential catastrophic disease threat.

Section 433.121 - Emergency administrative order for isolation or quarantine; contents; ex parte court order.

Section 433.123 - Petition for court order for isolation or quarantine; contents; hearing on petition; contents of order; duration of isolation or quarantine.

Section 433.126 - Notice to persons subject to order; rules.

Section 433.128 - Conditions of and principles for isolation or quarantine; notice to manager of health care facility.

Section 433.131 - Entry into premises used for isolation or quarantine; rules.

Section 433.133 - Court hearing and order for release from isolation or quarantine or for remedy for breach of required conditions of isolation or quarantine.

Section 433.136 - Consolidation of proceedings regarding isolation or quarantine.

Section 433.137 - Court records; disclosure.

Section 433.140 - Payment of isolation or quarantine expenses; assistance.

Section 433.142 - Petition for isolation of contaminated property; contents; hearing; court order.

Section 433.150 - Quarantine hospital; seizure, control of and compensation for emergency hospital.

Section 433.220 - Measures taken on discovery of disease or toxic substance; rules; jurisdiction over emergency.

Section 433.235 - Definitions for ORS 433.235 to 433.284.

Section 433.240 - Parental responsibility.

Section 433.245 - Advisory committee; membership.

Section 433.255 - Persons with or exposed to restrictable disease excluded from school or children’s facility.

Section 433.260 - Exclusion of persons exposed to or having restrictable disease from school or children’s facility; certificate for readmission.

Section 433.267 - Immunization of school children; rules; exceptions; effect of failure to comply.

Section 433.269 - Local public health authority to ensure availability of immunizations; reports and records.

Section 433.271 - Thimerosal prohibited in school entry immunizations provided by Oregon Health Authority; exceptions.

Section 433.273 - Rules.

Section 433.280 - Status of immunization records as public records.

Section 433.281 - Post-secondary institution of education that provides student housing to provide information about vaccine-preventable diseases.

Section 433.282 - Required immunizations at certain post-secondary educational institutions; rules.

Section 433.283 - Immunizations against measles for certain students at community colleges; rules.

Section 433.285 - Policy to control metabolic diseases; testing; fees; exemptions; waiver of fees; rules.

Section 433.290 - Oregon Health Authority to conduct educational program concerning metabolic diseases.

Section 433.295 - Report of cases required; forms to be furnished.

Section 433.298 - Oregon Health Authority to compile information about congenital cytomegalovirus; dissemination of information.

Section 433.299 - Newborn Bloodspot Screening Advisory Board; members; term; meetings; reports.

Section 433.301 - Newborn nurse home visiting services program; rules.

Section 433.306 - Duty to administer vitamin; religious objection; effect of inability to pay.

Section 433.312 - Determining dosage; rules; notice to practitioners.

Section 433.318 - Newborn pulse oximetry screening; rules.

Section 433.321 - Hearing screening tests for newborns; disclosure of information; religious exemption; effect of inability to pay.

Section 433.323 - Newborn hearing screening test registry and tracking and recall system; rules.

Section 433.326 - Waiver of requirement of authorization to disclose information.

Section 433.327 - Limitation on liability for good faith disclosure.

Section 433.329 - Reporting known cases; records maintained.

Section 433.332 - Investigation and control of reported cases; rules.

Section 433.340 - Definitions for ORS 433.340 to 433.390.

Section 433.345 - Report of animal bites; rules; handling and disposition of animals.

Section 433.355 - Procedure to force compliance with ORS 433.350.

Section 433.360 - Report of rabies cases; quarantine.

Section 433.365 - Inoculation against rabies; rules; exception; costs.

Section 433.375 - Filing of inoculation certificate; certificate required for license; issuance of tag.

Section 433.385 - Impoundment of animals; notice to owner; redeeming animal; disposition of animals.

Section 433.390 - County dog control fund; sources and uses.

Section 433.407 - Definitions for ORS 433.407 to 433.423.

Section 433.411 - Legislative finding.

Section 433.416 - When employer to provide preventive immunization.

Section 433.419 - Notice to employer and worker of exposure.

Section 433.423 - Content of rules.

Section 433.441 - Declaration of public health emergency.

Section 433.442 - Definitions for ORS 433.441 to 433.452.

Section 433.443 - Authority of Public Health Director during public health emergency; penalties; access to and use of individually identifiable health information; rules.

Section 433.444 - Authority of Public Health Director during disease outbreak.

Section 433.448 - Use of immunization registry and tracking and recall system during state of public health emergency.

Section 433.449 - Disposal of human remains during state of public health emergency.

Section 433.452 - Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency.

Section 433.466 - Right to legal counsel by persons subject to public health measure.

Section 433.502 - Definitions.

Section 433.507 - Legislative findings.

Section 433.511 - Public information program.

Section 433.517 - Field investigations and epidemiological studies.

Section 433.521 - Indoor air quality standards.

Section 433.526 - Public recognition program for compliance; rules.

Section 433.735 - Definitions for ORS 433.735 to 433.770.

Section 433.745 - Outdoor mass gathering without permit prohibited.

Section 433.750 - Application for outdoor mass gathering for which county decides land use permit is not required; criteria; procedure; fee.

Section 433.755 - Additional information required before permit issued; liability of permit holder; casualty insurance; county as additional insured.

Section 433.760 - Rulemaking authority.

Section 433.763 - Application for outdoor mass gathering for which county decides land use permit is required; criteria; procedure.

Section 433.770 - Enforcement.

Section 433.800 - Definitions for ORS 433.800 to 433.830.

Section 433.805 - Policy.

Section 433.810 - Duties of Oregon Health Authority; rules.

Section 433.815 - Educational training.

Section 433.817 - Educational training conducted by public health authority or organization or by other entity or individual approved by Oregon Health Authority.

Section 433.820 - Eligibility for training.

Section 433.825 - Availability of doses of epinephrine, glucagon and medication that treats adrenal insufficiency to trained persons.

Section 433.830 - Immunity of trained person and institution rendering emergency assistance.

Section 433.835 - Definitions for ORS 433.835 to 433.875.

Section 433.845 - Prohibition on aerosolizing, smoking or vaporizing in public place or place of employment.

Section 433.847 - Smoke shop certification; rules.

Section 433.850 - Prohibition on aerosolizing, smoking or vaporizing in place of employment; exceptions; posting signs.

Section 433.855 - Duties of Oregon Health Authority; civil penalties; rules; limitations; compliance checks.

Section 433.990 - Penalties.