2021 Oregon Revised Statutes
Chapter 453 - Hazardous Substances; Radiation Sources
Section 453.025 - Certain practices not affected by ORS 453.005 to 453.135.


(2) Stores and shops other than pharmacies may sell completely denatured alcohol or methyl alcohol (methanol) in quantities of not less than one gallon only in original containers and only when properly labeled by distiller or wholesale distributor and bearing also seller’s label. The name and address of seller must be applied by label on the container. The record of such wholesale quantities must be kept by the seller and information including date, means of identification and purported use must also be kept.
(3) Sellers of denatured alcohol or methyl alcohol (methanol) only are not required to obtain a shopkeepers’ license under ORS 689.305.
(4)(a) Subject to the exemption under paragraph (b) of this subsection, retail sales of completely denatured alcohol, methyl alcohol (methanol), heating fuel mixtures and other forms of denatured alcohol except heating fuel mixtures and other forms of denatured alcohol containing less than five percent methanol by weight and containing additives that render them unpalatable for human consumption, in quantities of less than one gallon, shall be confined to pharmacists and registration of the sales must be made in their poison register.
(b) Hotel, restaurant or food catering wholesalers or suppliers of heating fuel mixtures and other forms of denatured alcohol are exempt from paragraph (a) of this subsection when the supplying of these products is restricted for use solely in the preparation of commercially prepared foods in businesses supplying food needs directly to the public for immediate consumption. Products so classified when purchased shall be used only for this specified purpose and shall not be resold, given away or in any way made available to the public.
(5) Distributors and transporters, stores and shops, other than pharmacies, may deliver, or sell carbolic acid (phenol), for commercial use only in quantities of at least one pound but only when the container is properly labeled by the manufacturer or wholesaler and also bears a label containing the name and address of the seller or deliverer. Record of sales or deliveries of quantities of one pound or more of carbolic acid (phenol) shall be kept by the seller and deliverer. The record shall contain information, including the date, name of purchaser or person receiving the delivery and purported use.
(6) A distributor, transporter, store or shop shall not by reason of the delivery or sale of carbolic acid (phenol) in quantities of at least one pound be required to obtain a shopkeepers’ license under ORS 689.305. Retail sales of carbolic acid (phenol) in quantities of less than one pound shall be confined to pharmacies and registration of such sales shall be made on their poison register.
(7) Except as specifically provided by law, the provisions of laws governing the sale and distribution of poisons do not apply to the sale or distribution of compounds, preparations or remedies which do not contain more than two grains of opium, or more than one-fourth grain of morphine, or more than one-eighth grain of heroin, or more than one grain of codeine, or any salt or derivative of any of them in one fluid ounce, or, if solid or semisolid preparations, in one avoirdupois ounce; or to liniments, ointments or other preparations which are prepared for external use only, when sold or distributed for use as medicines.
(8)(a) Whenever poisons are dispensed in accordance with a written prescription by a practitioner, and such written prescription is filed and retained by the pharmacist as required by law, all of the requirements of ORS 453.005 to 453.135 and 453.990 (2) are satisfied.
(b) A pharmacist shall affix a poison label to a prescription when the prescribing practitioner so directs.
(9) Nothing in ORS 453.005 to 453.135 and 453.990 (2) applies to the manufacture or wholesale of any poisons. However, each box, vessel or package, other than prescriptions, in which any poison is contained must be labeled as provided in ORS 453.035.
(10) Nothing in ORS 453.005 to 453.135 and 453.990 (2) applies to:
(a) The manufacture, sale, repair, distribution, maintenance, refurbishment or modification of any new raw material or component part used in a motor vehicle, as that term is defined in ORS 801.360, or an airplane with component parts, including but not limited to original spare parts, that contain decabrominated diphenyl ether.
(b) The use of commercial decabrominated diphenyl ether in the maintenance, refurbishment or modification of equipment used for purposes related to transportation. [1971 c.409 §4; 1977 c.785 §4; 1979 c.777 §48; 2009 c.639 §3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 12 - Public Health

Chapter 453 - Hazardous Substances; Radiation Sources

Section 453.001 - Definitions for ORS 453.001 to 453.185.

Section 453.005 - Definitions for ORS 453.005 to 453.135.

Section 453.015 - Application.

Section 453.025 - Certain practices not affected by ORS 453.005 to 453.135.

Section 453.035 - Standards for labeling of hazardous substances.

Section 453.045 - Poison registers; contents.

Section 453.055 - Hazardous, banned hazardous, misbranded hazardous substances; declaration; removal from commerce.

Section 453.065 - Detention of suspected substances; petition for label of condemnation; judgment, relabeling or destruction of substances; expenses.

Section 453.075 - Repurchase of banned hazardous substances previously sold; refund of purchase price.

Section 453.085 - Prohibited acts.

Section 453.095 - Rules; determination of combustibility, flammability; designating strong sensitizers.

Section 453.105 - Authority to enter premises; inspections; taking samples; payment.

Section 453.115 - Access to records of persons carrying, receiving or storing in commerce; use as evidence limited; exemption for carriers.

Section 453.205 - Definitions for ORS 453.205 to 453.275.

Section 453.215 - Legislative findings.

Section 453.235 - Distribution of material containing toxic substances; warnings required; exemptions.

Section 453.245 - Order or purchase by school of material considered to contain toxic substance prohibited; exceptions.

Section 453.255 - List of authorized art and craft materials; distribution of lists; information about and disposal of toxic materials.

Section 453.265 - Filing of formulation information with poison control centers required; labeling.

Section 453.307 - Definitions for ORS 453.307 to 453.414.

Section 453.312 - Legislative findings.

Section 453.317 - Hazardous substance survey; rules; information to be supplied.

Section 453.322 - Retention of information; distribution of and access to information.

Section 453.327 - Public access; identity of requester.

Section 453.332 - When disclosure of identity may be withheld.

Section 453.337 - When disclosure of identity of hazardous substance required.

Section 453.342 - When incident of injury to be reported; summary of injuries.

Section 453.347 - Emergency response planning.

Section 453.357 - Civil penalty.

Section 453.362 - Department of Consumer and Business Services to supply employers’ names; reimbursement.

Section 453.370 - Limitations on local community right to know regulatory programs; local fees.

Section 453.374 - Hazardous material emergency response system; implementation; contents; rules; fees.

Section 453.376 - Disclosure of information to State Fire Marshal; entry onto premises.

Section 453.378 - Disclosure of information to local government official; entry onto premises.

Section 453.382 - Cost of responding to emergency; responsibility; billing; recovery.

Section 453.386 - Equipment and personnel; loaning; grants.

Section 453.388 - Contracts for equipment, personnel loans or equipment purchases; provisions; rules.

Section 453.390 - Revolving fund; use.

Section 453.392 - Spills or releases during transportation by rail; coordinated response plan; report.

Section 453.394 - Oil and Hazardous Material Transportation by Rail Action Fund.

Section 453.396 - Definitions for ORS 453.396 to 453.414.

Section 453.400 - Possession of hazardous substance; fee.

Section 453.402 - Fees; statement; schedules; uses; collection; local hazardous substance fees.

Section 453.404 - Extension of payment date.

Section 453.406 - Records of hazardous substance possessed; examinations.

Section 453.408 - Rules.

Section 453.520 - Department of the State Fire Marshal as state emergency response commission.

Section 453.605 - Definitions for ORS 453.605 to 453.800.

Section 453.615 - Statement of policy.

Section 453.625 - Purpose of ORS 453.605 to 453.800.

Section 453.635 - State Radiation Control Agency; duties; applicability of ORS 453.605 to 453.800.

Section 453.665 - Licenses; application; modifications; exemptions; rules.

Section 453.671 - Vendor license; rules.

Section 453.675 - State assumption of federal responsibility for radiation sources; effect of federal licenses.

Section 453.685 - Entry on property for inspection purposes; issuance of warrant; liability for entry.

Section 453.695 - Records concerning radiation source; notice of exposure to radiation source.

Section 453.726 - Definitions for ORS 453.726 to 453.734.

Section 453.727 - Purpose of ORS 453.726 to 453.734.

Section 453.728 - Tanning device to comply with federal requirements; exception for certain phototherapy devices.

Section 453.729 - Standards and regulation of tanning devices; rules; fee; inspection.

Section 453.730 - Written warning statement and sign; content; rules.

Section 453.734 - Prohibition on use of tanning devices by persons under 18 years of age; exceptions; rules.

Section 453.745 - Intergovernmental cooperation to control radiation sources.

Section 453.752 - X-ray machine registration; inspection and testing requirements; evidence of registration.

Section 453.754 - Application for X-ray machine registration; renewal notice.

Section 453.757 - X-ray machine biennial registration fee; annual license fees; use of fees; rules.

Section 453.761 - X-ray machine registration period; denial, conditioning, suspension or revocation of registration; termination.

Section 453.766 - Prohibited conduct.

Section 453.775 - Duties of Oregon Health Authority pertaining to X-ray machines.

Section 453.780 - Radiology inspectors; license; minimum qualifications.

Section 453.785 - Accreditation; renewal.

Section 453.790 - Power of Oregon Health Authority to condition, suspend, revoke or refuse to renew radiology inspector accreditation; rules.

Section 453.795 - Duties of Oregon Health Authority pertaining to accreditation of radiology inspectors; rules.

Section 453.800 - X-ray Machine Inspection Account; sources; use of moneys in account.

Section 453.805 - Elimination of radiation source danger; compelling compliance.

Section 453.807 - When hearing required; procedure; rules.

Section 453.825 - Department of Transportation plan for regulating transport of hazardous substances and radioactive waste.

Section 453.858 - Definitions for ORS 453.855 to 453.912.

Section 453.864 - Rules.

Section 453.867 - Restriction on transfer of property used as illegal drug manufacturing site; contracts voidable.

Section 453.870 - Transfer allowed after full disclosure.

Section 453.873 - Entry onto property; purposes; inspection.

Section 453.876 - Determination that property is not fit for use; appeal; notice to local residents.

Section 453.882 - Contaminated property as public nuisance.

Section 453.885 - Decontamination of property; certification process.

Section 453.886 - Notice by county or local government required before incurring costs; owner’s or lienholder’s proposal for decontamination and certification; injunction to prevent use of property; priority for liens for costs incurred.

Section 453.888 - License required to perform decontamination; procedure; grounds for denial, revocation or suspension of license; civil penalty; rules.

Section 453.894 - Licensing fees; rules.

Section 453.990 - Criminal penalties.

Section 453.995 - Civil penalties.