2021 Oregon Revised Statutes
Chapter 618 - Weights and Measures
Section 618.010 - Definitions.


(1) "Advertising" or "advertisement" means any public notice or announcement of commodities for sale, services to be performed, equipment or facilities for hire, or any other thing offered to the public, via publishing or broadcasting media or by signs, banners, posters, handbills, labels or similar devices, for the purpose of inducing, directly or indirectly, the purchase or use of such commodities, services, equipment or facilities.
(2) "Commercial" or "commercially used" means any application or use in connection with or related to transactions in which, in exchange for commodities received or services rendered, consideration is given in terms of currency, negotiable instruments, credit, merchandise or any other thing of value.
(3) "Commodity" means any merchandise, product or substance produced or distributed for sale to, or use by, others.
(4) "Commodity in bulk form" means any quantity of a commodity that is not a commodity in package form.
(5) "Commodity in package form" means any quantity of a commodity put up or packaged in any manner in advance of sale, in units suitable for either wholesale or retail sale by weight, volume, measure or count, exclusive, however, of any auxiliary shipping container enclosing packages that individually conform to the requirements of ORS 618.010 to 618.246. An individual item or lot of any commodity not in package form as defined in this subsection, but on which there is marked a selling price based on an established price per unit of weight or of measure, is a commodity in package form.
(6) "Department" means the State Department of Agriculture.
(7) "Director" means the Director of Agriculture.
(8) "Inspector" means any state officer or employee designated by the director as a supervisor of, or an inspector of, weights and measures.
(9) "Intrastate commerce" means any and all commerce or trade begun, carried on and completed wholly within the limits of this state.
(10) "Introduced into intrastate commerce" means the time and place at which the first sale and delivery of a commodity is made within this state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.
(11) "Liquid-fuel measuring device" means any meter, pump, tank, gage or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low-viscosity heating oil.
(12) "National Institute of Standards and Technology" means the National Institute of Standards and Technology of the Department of Commerce of the United States.
(13) "Sale" and "sell" include barter and exchange.
(14) "Security seal" means a lead-and-wire seal, or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use.
(15) "Vehicle" means any wheeled conveyance in, upon or by which any property, livestock or commodity is or may be transported or drawn, but does not include railroad rolling stock.
(16) "Weighing device" means any scale, balance or apparatus used for gravimetrically determining the quantity of any commodity on a discrete or continuous basis.
(17) "Weights and measures" means all weights and measures, instruments and devices of every kind for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. However, "weights and measures" does not include meters for the measurement of electricity, gas or water when operated in a system of a public utility, as that term is defined in ORS 757.005. [Amended by 1973 c.293 §1; 1975 c.615 §1; 1977 c.132 §3; 1999 c.237 §1; 2003 c.14 §366; 2005 c.22 §413; 2007 c.71 §186]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 15 - Water Resources, Agriculture and Food

Chapter 618 - Weights and Measures

Section 618.010 - Definitions.

Section 618.016 - Policy.

Section 618.021 - Duties of director.

Section 618.031 - Rulemaking authority.

Section 618.041 - Standards for weights and measures system; security of state primary standard.

Section 618.056 - Testing and inspecting weights and measures offered for sale or used commercially; rules.

Section 618.066 - Department investigation of alleged weights and measures law violations; exempt devices.

Section 618.071 - Inspection and investigation authority of department; written notices for minor violations.

Section 618.076 - Approving use of weights and measures; use of certain terms describing condition of equipment; seizure and destruction of nonconforming equipment.

Section 618.086 - Orders restricting distribution of weights and measures.

Section 618.096 - Prohibited acts involving commercial weights and measures.

Section 618.115 - Voluntary inspection of weighing or measuring instruments; fees.

Section 618.126 - Exemptions from licensing requirement.

Section 618.131 - Weights and measures licenses in addition to other licenses; effect of conflicting laws.

Section 618.136 - Establishing license fees; renewals; disposition of fees.

Section 618.141 - Maximum license fees.

Section 618.146 - Term of licenses; suspension and revocation of licenses.

Section 618.156 - Forms, certificates and identification tags; license application forms.

Section 618.201 - Sampling of packages and commodities; ordering packages and commodities withheld from sale; disposition after order.

Section 618.206 - Manner of selling commodities; exemptions; rules.

Section 618.211 - Labeling of packaged commodities; use of labeling terms restricted; scope of rules.

Section 618.226 - Commodity price and quantity advertising requirements; restriction on use of certain advertising terms.

Section 618.236 - Price misrepresentation prohibited; expressing fractional prices.

Section 618.241 - Written invoice of certain commodity sales required; contents of writing.

Section 618.246 - Sale by weight required for certain food products; labeling requirements.

Section 618.275 - Testing and inspection of scales; use without seal prohibited; sealing device; tests and inspection of cars; interstate cooperation.

Section 618.406 - Definitions; citations for certain violations; delegation of authority; service of citations; recording.

Section 618.501 - Definitions.

Section 618.506 - Enjoining security seal violations; notice to defendant; voluntary compliance; temporary order; attorney fees and costs.

Section 618.516 - Civil action by private party; damages; attorney fees and costs; effect of court action; time for commencing action.

Section 618.521 - Investigative demand; petition to modify.

Section 618.526 - Method of serving investigative demand.

Section 618.531 - Effect of failure to obey investigative demand.

Section 618.991 - Penalties.

Section 618.995 - Civil penalties.