2017 ORS 431A.183¹
Random inspections of sellers of tobacco and inhalant delivery systems
  • rules

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This section is amended
Effective June 20, 2019
Relating to public health; creating new provisions; amending ORS 109.610, 413.101, 418.325, 431A.055, 431A.070, 431A.183, 432.510, 432.520, 433.004, 433.045, 433.055, 433.075, 433.269, 433.847, 435.010, 442.315, 443.035, 448.011, 448.020, 448.030, 448.051, 448.060, 448.100, 475B.895, 676.150, 676.560, 676.565, 676.579, 676.590, 676.595, 676.608, 676.612, 676.613, 676.622, 676.669, 676.689, 677.370, 681.730, 681.743, 681.746, 681.749, 681.758, 682.025, 682.035, 682.039, 682.208, 688.815 and 700.035; repealing ORS 181A.330 and 181A.335 and section 2, chapter 280, Oregon Laws 2019 (Enrolled Senate Bill 142); and declaring an emergency.

(1) The Oregon Health Authority shall:

(a) Coordinate with law enforcement agencies to conduct random, unannounced inspections of wholesalers and retailers of tobacco products or inhalant delivery systems to ensure compliance with the laws of this state designed to discourage the use of tobacco products and inhalant delivery systems by persons under 21 years of age, including ORS 167.750 (Definition for ORS 167.755 and 431A.175), 167.755 (Selling tobacco products or inhalant delivery systems to person under 21 years of age), 167.760 (Purchase or attempted purchase of tobacco products or inhalant delivery system by person under 21 years of age), 167.765 (Retail store location of tobacco products or inhalant delivery systems), 167.775 (Local regulation of vending machines), 167.780 (Sale or dispensing of tobacco products or inhalant delivery systems by vending machine) and 431A.175 (Definitions); and

(b) Submit a report describing:

(A) The activities carried out to enforce the laws listed in paragraph (a) of this subsection during the previous fiscal year;

(B) The extent of success achieved in reducing the availability of tobacco products and inhalant delivery systems to persons under 21 years of age; and

(C) The strategies to be utilized for enforcing the laws listed in paragraph (a) of this subsection during the year following the report.

(2) The authority shall adopt rules for conducting random inspections of establishments that distribute or sell tobacco products or inhalant delivery systems. The rules shall provide that inspections may take place:

(a) Only in areas open to the public;

(b) Only during the hours that tobacco products or inhalant delivery systems are distributed or sold; and

(c) No more frequently than once a month in any single establishment unless a compliance problem exists or is suspected.

(3) The Oregon Liquor Control Commission, pursuant to an agreement or otherwise, may assist the authority with the authority’s duties under subsection (1)(a) of this section and the enforcement of ORS 431A.175 (Definitions). [Formerly 431.853; 2017 c.701 §11]

TOXIC-FREE KIDS ACT

1 Legislative Counsel Committee, CHAPTER 431A—Public Health Programs and Activities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors431A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.