2021 Oregon Revised Statutes
Chapter 616 - General and Miscellaneous Provisions
Section 616.215 - Prohibited acts.


(1) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded.
(2) The adulteration or misbranding of any food.
(3) The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.
(4) The distribution in commerce of a consumer commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and 616.992 and of rules promulgated pursuant thereto. However, this prohibition does not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons:
(a) Are engaged in the packaging or labeling of such commodities; or
(b) Prescribe or specify by any means the manner in which such commodities are packaged or labeled.
(5) The dissemination of any false advertisement.
(6) The refusal to permit entry or inspection, or to permit the taking of a sample, or to permit access to or the copying of any record, as authorized.
(7) The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person from whom the person received in good faith the food.
(8) The removal or disposal of a detained or embargoed article in violation of ORS 616.225.
(9) The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, if such act is done while such article is held for sale and results in such article being adulterated or misbranded.
(10) Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification device authorized or required by rules promulgated under the provisions of ORS 616.205 to 616.295 and 616.305 to 616.315.
(11) The use by any person to the person’s own advantage, or disclosure, other than to the Director of Agriculture or the authorized representative of the director or to the courts when relevant in any judicial proceeding under ORS 616.205 to 616.385, of any information acquired under the authority of ORS 616.205 to 616.385 concerning any method or process which is a trade secret entitled to protection. [Amended by 1973 c.227 §3; 2001 c.320 §3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 15 - Water Resources, Agriculture and Food

Chapter 616 - General and Miscellaneous Provisions

Section 616.010 - State Department of Agriculture and Oregon Health Authority to administer and enforce food laws.

Section 616.020 - Surveys, investigations and inquiries by Oregon Health Authority.

Section 616.028 - State Department of Agriculture administration and enforcement of federal or interstate food safety systems; rules; penalties.

Section 616.073 - Policy and prohibitions on sulfite use; exceptions.

Section 616.077 - Oregon Health Authority rules; exception.

Section 616.205 - Definitions for ORS 616.205 to 616.385.

Section 616.215 - Prohibited acts.

Section 616.223 - Processing of reclaimed fish for food banks; sale and purchase exemption.

Section 616.225 - Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity.

Section 616.230 - Definitions and standards; conformity to federal regulations; rules.

Section 616.235 - When food deemed adulterated; rules.

Section 616.250 - When food deemed misbranded; rules.

Section 616.286 - Inspection and investigation powers of department.

Section 616.295 - Reports and information issuable by department.

Section 616.325 - Consumer commodity labeling requirements; restrictions on consumer commodity distribution; rulemaking; conformance to federal standards.

Section 616.330 - Alcoholic beverage exemption.

Section 616.333 - Diethylstilbestrol use in food; label.

Section 616.345 - Rules governing use of pesticide chemicals.

Section 616.350 - Control of food additives; rules.

Section 616.355 - Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350.

Section 616.360 - Standards for rules.

Section 616.366 - Rules for use of poisons, pesticides, food or color additives; matters to be considered.

Section 616.555 - Definitions for ORS 616.555 to 616.585.

Section 616.560 - Determination of menu item typical values; provision of accurate information to customers.

Section 616.565 - Calorie content information for combination or multiserving items.

Section 616.570 - Menus, menu boards and food tags; additional information; disclaimer.

Section 616.575 - Rules; typical values for alcoholic beverages.

Section 616.580 - Inspections; notice and opportunity to cure violation; penalties.

Section 616.585 - Local disclosure requirements prohibited.

Section 616.590 - Lack of cause of action or claim.

Section 616.680 - Definitions for ORS 616.680, 616.683 and 616.686.

Section 616.683 - Regulatory exemption for sales location and farm direct marketer of certain agricultural products; rules.

Section 616.686 - Farm direct marketing rules.

Section 616.695 - Definitions for ORS 616.695 to 616.755.

Section 616.700 - Department to enforce sanitation requirements for food and food establishments; rules.

Section 616.706 - Licenses; sanctions; changes; posting; cancellation; fees; rules.

Section 616.708 - Additional users of establishment; fees; rules.

Section 616.711 - Where licenses not required; when ORS 616.695 to 616.755 not applicable.

Section 616.713 - Unauthorized food establishments.

Section 616.716 - When inspection authorized; ORS 616.695 to 616.755 in addition to other laws.

Section 616.718 - Waiver of routine inspection; rules.

Section 616.721 - Exemption from ORS 616.695 to 616.755 for federally inspected establishments.

Section 616.723 - Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings; rules.

Section 616.726 - City regulation of food and food establishments authorized; department to examine city regulation for adequacy.

Section 616.735 - When insanitary conditions exist.

Section 616.740 - Condemnation where insanitary conditions exist.

Section 616.745 - Handling of food by diseased persons prohibited; rules.

Section 616.761 - Standards of identity and quality for olive oil; prohibition of imitation olive oil; rules.

Section 616.775 - Definitions for ORS 616.775 to 616.790.

Section 616.785 - Sale of unenriched flours, macaroni or noodle products prohibited; certain products exempted.

Section 616.790 - Enforcement of ORS 616.775 to 616.790 by department; inspection; sampling; failure to permit inspection; rules.

Section 616.805 - Definitions for ORS 616.800 to 616.835 and 616.994.

Section 616.820 - Label required to be affixed to package not later than time of delivery to retail seller.

Section 616.825 - Sale of perishable food after expiration of pull date prohibited; exceptions; time for removal of packages with expired pull dates.

Section 616.830 - Altering labels or using nonconforming labels prohibited.

Section 616.835 - Rulemaking authority.

Section 616.850 - Definitions for ORS 616.850 to 616.890.

Section 616.855 - Items exempt from unit pricing requirements.

Section 616.860 - Unit pricing of packaged consumer commodities required; explanation to consumers.

Section 616.875 - Rules; retail establishments presumed subject to unit pricing until exempted by department.

Section 616.892 - Single-use plastic straws; penalties.

Section 616.894 - Local plastic straw laws.

Section 616.997 - Civil penalties; rules; hearing; disposition of moneys.