ORS 616.250
When food deemed misbranded

  • rules

A food shall be deemed to be misbranded:

(1)

If its labeling is false or misleading in any particular, or fails to conform to ORS 616.325 (Consumer commodity labeling requirements).

(2)

If it is offered for sale under the name of another food.

(3)

If it is an imitation of another food, unless its label bears in type of uniform size and prominence the word “imitation” and, immediately thereafter, the name of the food imitated.

(4)

If its container is so made, formed or filled as to be misleading.

(5)

If in package form:

(a)

Unless it bears a label containing:

(A)

The name and place of business of the manufacturer, packer or distributor; and

(B)

An accurate statement of the net quantity of the contents in terms of weight, measure, volume or numerical count. The statement shall be separately and accurately stated upon the principal display panel of the label.

(b)

The same reasonable variations allowed in ORS chapter 618 shall be permitted.

(c)

Exemptions as to small packages shall be established by rules promulgated by the State Department of Agriculture.

(6)

If any word, statement or other information required by or under authority of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.295 (Reports and information issuable by department) to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(7)

If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rule as provided by ORS 616.230 (Definitions and standards), unless it conforms to such definition and standard and its label bears the name of the food specified in the definition and standard, and, in so far as may be required by such rule, the common names of optional ingredients, other than spices, flavoring and coloring present in such food.

(8)

If it purports to be or is represented as a food for which a standard of quality has been prescribed by rule as provided by ORS 616.230 (Definitions and standards) and its quality falls below the standards such rule specifies, a statement that it falls below such standard.

(9)

If it is a food for which a standard or standards of fill of container have been prescribed by rule as provided by ORS 616.230 (Definitions and standards), and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such rule specifies, a statement that it falls below such standard.

(10)

If it is not subject to the provisions of subsection (7) of this section, unless its label bears:

(a)

The common or usual name of the food, if any there be; and

(b)

In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient.
However, spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings, without naming them. To the extent that compliance with the requirements of paragraph (b) of this subsection is impractical or results in deception or unfair competition, exemptions shall be established by rule promulgated by the department.

(11)

If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the department determines to be, and by rule prescribed as, necessary in order to fully inform purchasers as to its value for such uses.

(12)

If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subsection is impracticable, exemptions shall be established by rule promulgated by the department. This subsection and subsections (7) and (10) of this section with respect to artificial coloring do not prohibit the use of harmless coloring matter in butter, cheese or ice cream. The provisions of this subsection with respect to chemical preservatives do not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the product of the soil.

(13)

If it is a raw agricultural commodity which is the product of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common or usual name and the function of such chemical. However, no such declaration is required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade.

(14)

If following the labeled directions or instructions on the product in using it as a food ingredient will result in the final food being adulterated or misbranded.

(15)

If it is a color additive, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal Act.

(16)

If it has been salvaged, unless it bears labeling or notification stating that fact. For the purposes of this subsection, “salvaged” means the reconditioning, repacking, relabeling, cleaning or culling of foods that have been damaged or adulterated as a result of fire, storm, flood, water, smoke, chemicals, radiation or commercial transit accident. [Amended by 1953 c.267 §2; 1973 c.227 §8; 1973 c.563 §1; 1983 c.740 §232; 1989 c.1025 §9; 2001 c.320 §4]

Source: Section 616.250 — When food deemed misbranded; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html.

616.010
State Department of Agriculture and Oregon Health Authority to administer and enforce food laws
616.015
Cooperation between Oregon Health Authority and State Department of Agriculture
616.020
Surveys, investigations and inquiries by Oregon Health Authority
616.028
State Department of Agriculture administration and enforcement of federal or interstate food safety systems
616.065
Certificate of analysis or test as evidence
616.073
Policy and prohibitions on sulfite use
616.077
Oregon Health Authority rules
616.205
Definitions for ORS 616.205 to 616.385
616.210
“Selling of food” construed
616.215
Prohibited acts
616.217
Restriction on labeling or selling food fish product as halibut
616.220
Injunction against violations of ORS 616.215
616.223
Processing of reclaimed fish for food banks
616.225
Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity
616.230
Definitions and standards
616.235
When food deemed adulterated
616.245
Adding poisonous or deleterious substance
616.250
When food deemed misbranded
616.256
Labeling exemption for foods to be repackaged
616.265
When advertisement deemed false
616.270
Determining when label or advertisement misleading
616.275
Liability for dissemination of false advertisement
616.286
Inspection and investigation powers of department
616.295
Reports and information issuable by department
616.305
District attorney to prosecute violations
616.310
Notice or warning of minor violations
616.315
Jurisdiction of courts
616.320
Short title
616.325
Consumer commodity labeling requirements
616.330
Alcoholic beverage exemption
616.333
Diethylstilbestrol use in food
616.335
Definition for ORS 616.205 and 616.335 to 616.385
616.341
Use of poisons, pesticides or food additives restricted
616.345
Rules governing use of pesticide chemicals
616.350
Control of food additives
616.355
Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350
616.360
Standards for rules
616.366
Rules for use of poisons, pesticides, food or color additives
616.380
Enforcement procedure for control of food additives
616.385
Public hearing required for rules
616.555
Definitions for ORS 616.555 to 616.585
616.560
Determination of menu item typical values
616.565
Calorie content information for combination or multiserving items
616.570
Menus, menu boards and food tags
616.575
Rules
616.580
Inspections
616.585
Local disclosure requirements prohibited
616.590
Lack of cause of action or claim
616.680
Definitions for ORS 616.680, 616.683 and 616.686
616.683
Regulatory exemption for sales location and farm direct marketer of certain agricultural products
616.686
Farm direct marketing rules
616.695
Definitions for ORS 616.695 to 616.755
616.700
Department to enforce sanitation requirements for food and food establishments
616.706
Licenses
616.708
Additional users of establishment
616.711
Where licenses not required
616.713
Unauthorized food establishments
616.716
When inspection authorized
616.718
Waiver of routine inspection
616.721
Exemption from ORS 616.695 to 616.755 for federally inspected establishments
616.723
Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings
616.726
City regulation of food and food establishments authorized
616.731
Deposit and use of fees and money
616.735
When insanitary conditions exist
616.740
Condemnation where insanitary conditions exist
616.745
Handling of food by diseased persons prohibited
616.750
Procedure where food handler suspected of disease
616.755
Securing information from health officers
616.761
Standards of identity and quality for olive oil
616.766
Standards of identity and quality for honey
616.775
Definitions for ORS 616.775 to 616.790
616.780
Standards of identity or quality for flours, macaroni and noodle products
616.785
Sale of unenriched flours, macaroni or noodle products prohibited
616.790
Enforcement of ORS 616.775 to 616.790 by department
616.800
Short title
616.805
Definitions for ORS 616.800 to 616.835 and 616.994
616.810
Exemption for alcoholic beverages
616.815
Open date labeling required for packaged perishable food sold at retail
616.820
Label required to be affixed to package not later than time of delivery to retail seller
616.825
Sale of perishable food after expiration of pull date prohibited
616.830
Altering labels or using nonconforming labels prohibited
616.835
Rulemaking authority
616.850
Definitions for ORS 616.850 to 616.890
616.855
Items exempt from unit pricing requirements
616.860
Unit pricing of packaged consumer commodities required
616.865
Temporary sale items exempt
616.870
Prescribed pricing by units of measurement
616.875
Rules
616.880
Written warning notice for minor violation
616.890
Short title
616.892
Single-use plastic straws
616.894
Local plastic straw laws
616.992
General criminal penalty
616.994
Criminal penalty for open date labeling law violations
616.997
Civil penalties
Green check means up to date. Up to date