2015 ORS 433.855¹
Duties of Oregon Health Authority
  • civil penalties
  • rules
  • limitations
  • compliance checks

(1) The Oregon Health Authority, in accordance with the provisions of ORS chapter 183:

(a) Shall adopt rules necessary to implement the provisions of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title);

(b) Is responsible for ensuring compliance with ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title) and rules adopted under ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title); and

(c) May impose a civil penalty not to exceed $500 per day for each violation of ORS 433.845 (Prohibition on aerosolizing, smoking or vaporizing in public place or place of employment) or 433.850 (Prohibition on aerosolizing, smoking or vaporizing in place of employment) or a rule adopted under ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title). Penalties imposed under this paragraph must be collected in the manner provided in ORS 441.705 (Definitions for ORS 441.705 to 441.745) to 441.745 (Penalties to Quality Care Fund). All moneys recovered under this paragraph shall be paid into the State Treasury and credited to:

(A) The Tobacco Use Reduction Account established under ORS 431A.153 (Tobacco Use Reduction Account), if the violation concerns nicotine; or

(B) The Oregon Health Authority Fund established under ORS 413.101 (Oregon Health Authority Fund), if the violation concerns an inhalant other than nicotine.

(2) In carrying out its duties under this section, the authority is not authorized to require any changes in ventilation or barriers in a public place or place of employment. This subsection does not limit the power of the authority to enforce the requirements of any other provision of law.

(3) In public places that the authority regularly inspects, the authority shall check for compliance with the provisions of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title). In other public places and places of employment, the authority shall respond to complaints, notifying the proprietor or person in charge of the requirements of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title). If repeated complaints are received, the authority may take appropriate action to ensure compliance.

(4) When a county has assumed responsibility of the duties and responsibilities under ORS 446.425 (Delegation to county to administer certain sanitation laws) and 448.100 (Delegation to county to administer ORS 448.005 to 448.060), or contracted with the authority under ORS 190.110 (Authority of units of local government and state agencies to cooperate), the county is responsible for enforcing the provisions of ORS 433.835 (Definitions for ORS 433.835 to 433.875) to 433.875 (Short title) and has the same enforcement power as the authority. [1981 c.384 §6; 1991 c.734 §21; 2001 c.104 §162; 2001 c.990 §6; 2003 c.309 §6; 2007 c.445 §36; 2007 c.602 §5; 2009 c.595 §686; 2011 c.597 §84a; 2015 c.158 §19]

Note: Sections 29 and 31, chapter 158, Oregon Laws 2015, provide:

Sec. 29. Report to Legislative Assembly on laws related to regulation of inhalant delivery systems and inhalants. (1) After July 1, 2018, the Oregon Health Authority shall make a report on the laws and rules of this state related to the regulation of inhalant delivery systems, as defined in ORS 431.840 [renumbered 431A.175 (Unlawful activities)], and inhalants, as defined in ORS 433.835 (Definitions for ORS 433.835 to 433.875), that are used with inhalant delivery systems. The authority shall include in the report:

(a) A review of medical research conducted on inhalant delivery systems and of health impacts associated with the use of inhalant delivery systems; and

(b) A review of any federal law or regulation related to regulating inhalant delivery systems, including any applicable regulations related to the labeling and packaging of inhalant delivery systems adopted by the United States Food and Drug Administration.

(2) The authority shall review the consistency of the laws and rules of this state with respect to those federal laws and regulations and determine where the laws and rules of this state are inconsistent or duplicative.

(3) For the purpose of facilitating review by the Legislative Assembly of the laws and rules of this state related to the regulation of inhalant delivery systems and inhalants that are used with inhalant delivery systems, the authority shall report the authority’s findings:

(a) To the Legislative Assembly in the manner required by ORS 192.245 (Form of report to legislature) on or before February 1, 2019; and

(b) To the committees of the Legislative Assembly related to health during the 2019 regular session of the Legislative Assembly. [2015 c.158 §29]

Sec. 31. Section 29 of this 2015 Act is repealed on January 2, 2020. [2015 c.158 §31]

Notes of Decisions

Local govern­ments are not preempted from adopting more stringent limita­tions on smoking than mandated under statewide standards. Oregon Restaurant Associa­tion v. City of Corvallis, 166 Or App 506, 999 P2d 551 (2000)


1 Legislative Counsel Committee, CHAPTER 433—Disease and Condition Control; Mass Gatherings; Indoor Air, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors433.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 433, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano433.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.