ORS 646.990¹

(1) Each violation of any of the provisions of ORS 646.010 (Designation and scope of ORS 646.010 to 646.180) to 646.180 (Illegal contracts) by any person, firm or corporation, whether as principal, agent, officer or director, is punishable, upon conviction, by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not exceeding six months, or by both.

(2) Violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) is a Class A misdemeanor.

(3) Any person who willfully and intentionally violates any provision of ORS 646A.220 (Credit card solicitation) to 646A.230 (Action by Attorney General or district attorney) shall be punished by a fine of not more than $1,000 or by imprisonment for not more than six months or both. Violation of any order or injunction issued pursuant to ORS 646A.230 (Action by Attorney General or district attorney) (1) shall constitute prima facie proof of a violation of this subsection.

(4) Violation of ORS 646.910 (Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements) is a Class D violation.

(5) Violation of ORS 646.915 (Identification of blended gasoline required) is a Class D violation.

(6) Violation of ORS 646.920 (Wholesale dealer) is a Class D violation.

(7) A person violating ORS 646.930 (Motor vehicle fuel prices) commits a Class C misdemeanor. [Amended by 1953 c.391 §2; 1967 c.144 §2; 1967 c.599 §4; subsection (8) enacted as 1969 c.395 §2; 1971 c.744 §24; 1975 c.255 §15; subsection (4) enacted as 1975 c.255 §16 (1); 1985 c.251 §28; subsection (4) enacted as 1985 c.468 §2 (2); subsection (5) enacted as 1985 c.468 §3 (3); subsection (6) enacted as 1985 c.468 §4 (2); subsection (7) enacted as 1985 c.751 §1 (4); subsection (3) enacted as 1987 c.888 §5; 1999 c.1051 §213]

Law Review Cita­tions

51 OLR 344 (1972)

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunc­tion should issue when a court finds a viola­tion of the Act is a matter of discre­tion. State ex rel Johnson v. Interna­tional Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no af­firm­a­tive duty to inform customers of rates in absence of request, but prohibits making in­for­ma­­tion about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 646—Trade Practices and Antitrust Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­646.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­646ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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