(1) The State Department of Agriculture is authorized to make any rules necessary to carry out ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products), but in making such rules the department shall consider so far as is practicable and desirable the requirements established by other states and by authority of the United States. Such rules shall govern the use or application of weights and measures and weights and measures transactions in this state.
(2) Such rules may:
(a) Establish standards of net weight, measure or count, and reasonable standards of fill for any commodity in package form;
(b) Establish procedures governing the technical and reporting activities to be followed, and prescribe report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their duties;
(c) Prescribe exemptions for weights and measures from the sealing, labeling or marking requirements of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products);
(d) Establish procedures governing the voluntary registration of commercial weighing and measuring device servicemen and service agencies;
(e) Establish schedules of fees for licensing commercial weighing and measuring devices and for testing or certification;
(f) Prescribe specifications relating to the advertising, labeling, dispensing and selling of commodities in bulk form to or by retail outlets reasonably necessary for the protection of purchasers thereof;
(g) Establish guidelines to assure that amounts of commodities or services sold or offered for sale are represented accurately and informatively to all interested parties; and
(h) Prescribe specifications, tolerances and other technical requirements for weights and measures so as to eliminate from use, weights and measures:
(A) That are not accurate;
(B) That are of such construction that they are faulty, in that they are not reasonably permanent in their adjustment or will not repeat their indications correctly; or
(C) That facilitate the perpetration of deceit or misrepresentation.
(3) Nothing in subsection (2) of this section is intended to limit the authority of the department to make any other rules necessary to carry out ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products). [1973 c.293 §6; 1975 c.615 §2; 1977 c.132 §4]
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