(2) Cigarette packaging may not bear a marking or other device identifying the packaged cigarettes as having reduced ignition propensity other than a packaging marking approved for use with those cigarettes by the State Fire Marshal under ORS 476.785. This subsection does not apply if the cigarettes are in interstate commerce and not intended for distribution in this state.
(3) The State Fire Marshal, an authorized representative of the State Fire Marshal or any law enforcement agency may immediately seize and subject to forfeiture any cigarettes distributed or offered for sale in violation of subsection (1) of this section and any packaging, and cigarettes contained in that packaging, that violates subsection (2) of this section. The State Fire Marshal shall destroy cigarettes and packaging seized and forfeited under this subsection. However, prior to destroying cigarettes or packaging seized under this subsection, the State Fire Marshal shall allow the true holder of the trademark rights in the cigarette variety to inspect the cigarettes and packaging.
(4) The State Fire Marshal may enter into a cooperative agreement with any state or local agency that allows the agency to act as an authorized representative of the State Fire Marshal for enforcement purposes under this section.
(5)(a) The State Fire Marshal or an authorized representative, upon oral or written demand, may inspect the inventory of cigarette manufacturers, wholesale or retail dealers and transporters as the State Fire Marshal or an authorized representative deems necessary to ensure compliance with this section. The State Fire Marshal may adopt rules to require reports, in a form prescribed by the State Fire Marshal, by cigarette manufacturers, wholesale or retail dealers and transporters for the purpose of ensuring compliance with this section.
(b) As used in this subsection, "transporter" has the meaning given that term in ORS 323.010. [2007 c.34 §2]
Note: See note under 476.755.
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 476 - State Fire Marshal; Protection From Fire Generally
Section 476.005 - Definitions.
Section 476.010 - Additional definitions.
Section 476.020 - State Fire Marshal; appointment; qualifications.
Section 476.033 - Discretionary powers of State Fire Marshal.
Section 476.035 - Adjustments and variances in application of statutes and regulations.
Section 476.050 - Payment of salaries and expenses.
Section 476.055 - State Fire Marshal Fund; uses.
Section 476.060 - Local officers and constables as assistants to State Fire Marshal.
Section 476.070 - Entering buildings and premises.
Section 476.090 - Records of fires.
Section 476.115 - Functions of regional appeal advisory boards; reports submitted to board.
Section 476.130 - Statistical reports; price; sale; deposit of proceeds.
Section 476.132 - Wildfire readiness and response capacity.
Section 476.150 - Entry and inspection of premises; interfering with or preventing entry prohibited.
Section 476.160 - Circumstances under which warrant may be issued.
Section 476.165 - Establishing cause to issue warrant; content.
Section 476.170 - Execution of warrant.
Section 476.175 - Contents of citation or order.
Section 476.210 - Investigation of fires by municipal officers and constables; reports; exemption.
Section 476.220 - Report by officer investigating fire; exemption.
Section 476.320 - Determination of form of fire protection for lands in zone 1; costs.
Section 476.330 - Prevention and control of fires in zone 2; tax levy.
Section 476.380 - Fire permits; limitations upon burning; records.
Section 476.392 - Minimum defensible space requirements; rules.
Section 476.394 - Limitations on use of minimum defensible space requirements.
Section 476.396 - Community Risk Reduction Fund.
Section 476.398 - Biannual reports.
Section 476.574 - Leave of absence for volunteers; employment rights.
Section 476.576 - Violation of job restoration rights of volunteers as unlawful employment practice.
Section 476.590 - Preparation of plans by State Fire Marshal; advice and counsel to Governor.
Section 476.680 - Governor’s Fire Service Policy Council; membership; terms; duties.
Section 476.685 - Biennial reports.
Section 476.687 - State Wildfire Programs Director.
Section 476.690 - Wildfire Programs Advisory Council.
Section 476.694 - Oregon Conservation Corps Program.
Section 476.696 - Oregon Conservation Corps Advisory Committee.
Section 476.698 - Oregon Conservation Corps Fund.
Section 476.725 - Statewide standards for residential carbon monoxide alarms; rules.
Section 476.730 - Notice prior to release or after escape of arsonist from state institution.
Section 476.735 - Sky lantern prohibition.
Section 476.755 - Definitions for ORS 476.755 to 476.790 and 476.995.
Section 476.765 - Imposition of civil penalties; bringing of actions.
Section 476.775 - Laboratories; ignition propensity testing.
Section 476.785 - Cigarette packaging markings.
Section 476.795 - Interpretation of ORS 476.755 to 476.790 and 476.995.
Section 476.801 - Cigarette varieties not subject to ORS 476.755 to 476.790 and 476.995.
Section 476.806 - Cigarette Fire Safety Fund.
Section 476.831 - Definitions for ORS 476.831 to 476.856.
Section 476.836 - Identification of novelty lighters; rules; disposition of contraband lighters.
Section 476.841 - Prohibition against sale or distribution of novelty lighters; civil penalties.
Section 476.846 - Compliance inspections.
Section 476.851 - Agreements with State Fire Marshal representatives.
Section 476.856 - Attorney General actions to enforce ORS 476.841 and 476.846.
Section 476.905 - Approval of application by State Fire Marshal.
Section 476.910 - Loan agreement; terms; conditions.
Section 476.915 - Source of revenue to repay loan.
Section 476.920 - Rules; acceptance of gifts, donations and grants.
Section 476.925 - Fire Protection Equipment Loan Fund; uses.