Oregon · statute · Or. Rev. Stat. ch. 453 · 124 active provisions
As used in ORS 453.001 to 453.185, unless the context requires otherwise: (1) “Authority” means the Oregon Health Authority. (2) “Director” means the Director of the Oregon Health Authority. [1973 c.829 §15b; 2001 c.900 §200; 2009 c.595 §878; 2021 c.513 §1] (Generally)
As used in ORS 453.005 to 453.135 unless the context requires otherwise: (1) “Combustible” means any substance that has a flash point above 80 degrees Fahrenheit to and including 140 degrees, as determined by the Tagliabue Open Cup Tester. (2) “Commerce” means any and all commerce within the State of Oregon and subject…
ORS 453.005 to 453.135 and 453.990 (2) do not apply to: (1) Articles such as chemical sets which by reason of functional purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical or thermal hazard, and which bear labeling giving adequate directions and warnings f…
(1) Nothing in ORS 453.005 to 453.135 and 453.990 (2) is intended to interfere with or prevent the legitimate sale of completely denatured alcohol or methyl alcohol (methanol) by garages and filling stations, when used for antifreeze purposes and poured directly into the radiator of any automobile or motor vehicle by t…
(1) The Director of the Oregon Health Authority shall adopt standards for the labeling of hazardous substances. The director may permit or require the use of a recognized generic name or may require the common or usual name or the chemical name, if there is no common or usual name, of the hazardous substance or of each…
(1) Every person who purchases poison shall be registered in a poison register, kept solely for that purpose, stating the date and hour of the sale, the name and address and the signature of the purchaser, the kind and quantity of the poison sold, a statement by the purchaser of the purpose for which it is required, an…
(1) The Director of the Oregon Health Authority shall declare to be a hazardous substance any substance or mixture of substances which the director finds to be within the definition of hazardous substance in ORS 453.005. (2) If the director finds that any hazardous substance is a misbranded hazardous substance, the dir…
(1) Whenever the Director of the Oregon Health Authority or a designated representative finds or has probable cause to believe that any hazardous household substance is misbranded, or is a banned hazardous substance, the director or designated representative shall affix to such article a tag or other appropriate markin…
(1) Any article or substance sold by its manufacturer, distributor, or dealer that is a banned hazardous substance, whether or not it was such at the time of its sale, shall, in accordance with rules of the Director of the Oregon Health Authority, be repurchased as provided in this section. (2) The manufacturer or dist…
A person may not perform any of the following acts: (1) The introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance. (2) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of a hazardous substance. (…
(1) The authority to adopt rules for the administration and enforcement of ORS 453.005 to 453.135 and 453.990 (2) is vested in the Director of the Oregon Health Authority pursuant to ORS chapter 183. (2) The director shall cause the rules adopted under ORS 453.005 to 453.135 and 453.990 (2) to be no less strict than ru…
(1) For the purposes of enforcement of ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority or a designated representative upon presenting appropriate credentials to the owner, operator or agent in charge, may: (a) Enter, at reasonable times, any factory, warehouse or establishment in whi…
(1) For the purpose of enforcing the provisions of ORS 453.005 to 453.135 and 453.990 (2), carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon request, permit the Director of the Oregon Health Authority or a designated represe…
In addition to the remedies provided in ORS 453.005 to 453.135 and 453.990 (2), the Director of the Oregon Health Authority may apply to the circuit court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any…
Before any violation of ORS 453.005 to 453.135 and 453.990 (2) is reported to any district attorney or police official for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present the person’s views before the Direc…
Except as otherwise specifically provided by law, no person shall sell or dispense at retail any poison without affixing to the box, bottle, vessel or package containing the poison, a clear and legible label, either printed or written, bearing the name of the poison in English with the name and the place of business of…
It is unlawful for any person to give a fictitious name or make any false representations to the seller or dealer when buying any of the poisons or any caustic or corrosive substances specified in ORS 453.005 (14) or in the rules of the State Board of Pharmacy. [Formerly 453.070; 1977 c.582 §51] (Generally)
As used in ORS 453.205 to 453.275: (1) “Art or craft material” means any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or principal importer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. “Art o…
The Legislative Assembly: (1) Finds and declares that there exists a significant danger to the public health and safety from exposure to art or craft material which contains toxic chemicals. This health risk threatens not only professional artists and craftspersons, but art teachers, students at every educational level…
For the purposes of ORS 453.205 to 453.275, an art or craft material shall be presumed to contain an ingredient which is a toxic substance causing chronic illness if the ingredient, whether an intentional ingredient or an impurity, is one percent or more by weight of the mixture or product, or if the Oregon Health Auth…
(1) No person shall distribute any art or craft material containing toxic substances causing chronic illness on which the person: (a) Has failed to affix a conspicuous label containing the signal word “WARNING,” to alert users of potential adverse health effects. (b) Has failed to affix a conspicuous label warning of t…
(1) Art or craft material that is considered by the Oregon Health Authority to contain a toxic substance causing chronic illness may not be ordered or purchased by a school or school district for use by students in kindergarten and grades 1 through 6. (2) Any substance that is a toxic substance causing chronic illness…
(1) By June 1, 1986, the Oregon Health Authority shall develop a list of those art or craft materials which can be purchased or ordered for use in kindergarten and in grades 1 through 6 and a list of materials which, while not currently sold or manufactured, may be reasonably suspected to still exist at some schools. I…
(1) The manufacturer of any art or craft material sold, distributed, offered for sale or exposed for sale in this state shall supply to a national poison control network approved by the Director of the Oregon Health Authority the formulation information required by that network for dissemination to poison control cente…
Violation of ORS 453.235 or 453.265 is punishable by a civil penalty of not to exceed $1,000 that may be imposed and collected in the manner prescribed in ORS 441.705 to 441.745.