ORS 453.025
Certain practices not affected by ORS 453.005 to 453.135


(1)

Nothing in ORS 453.005 (Definitions for ORS 453.005 to 453.135) to 453.135 (Notice required prior to institution of criminal proceedings) and 453.990 (Criminal penalties) (2) is intended to interfere with or prevent the legitimate sale of completely denatured alcohol or methyl alcohol (methanol) by garages and filling stations, when used for antifreeze purposes and poured directly into the radiator of any automobile or motor vehicle by the seller thereof.

(2)

Stores and shops other than pharmacies may sell completely denatured alcohol or methyl alcohol (methanol) in quantities of not less than one gallon only in original containers and only when properly labeled by distiller or wholesale distributor and bearing also seller’s label. The name and address of seller must be applied by label on the container. The record of such wholesale quantities must be kept by the seller and information including date, means of identification and purported use must also be kept.

(3)

Sellers of denatured alcohol or methyl alcohol (methanol) only are not required to obtain a shopkeepers’ license under ORS 689.305 (Registration of drug outlets).

(4)

Intentionally left blank —Ed.

(a)

Subject to the exemption under paragraph (b) of this subsection, retail sales of completely denatured alcohol, methyl alcohol (methanol), heating fuel mixtures and other forms of denatured alcohol except heating fuel mixtures and other forms of denatured alcohol containing less than five percent methanol by weight and containing additives that render them unpalatable for human consumption, in quantities of less than one gallon, shall be confined to pharmacists and registration of the sales must be made in their poison register.

(b)

Hotel, restaurant or food catering wholesalers or suppliers of heating fuel mixtures and other forms of denatured alcohol are exempt from paragraph (a) of this subsection when the supplying of these products is restricted for use solely in the preparation of commercially prepared foods in businesses supplying food needs directly to the public for immediate consumption. Products so classified when purchased shall be used only for this specified purpose and shall not be resold, given away or in any way made available to the public.

(5)

Distributors and transporters, stores and shops, other than pharmacies, may deliver, or sell carbolic acid (phenol), for commercial use only in quantities of at least one pound but only when the container is properly labeled by the manufacturer or wholesaler and also bears a label containing the name and address of the seller or deliverer. Record of sales or deliveries of quantities of one pound or more of carbolic acid (phenol) shall be kept by the seller and deliverer. The record shall contain information, including the date, name of purchaser or person receiving the delivery and purported use.

(6)

A distributor, transporter, store or shop shall not by reason of the delivery or sale of carbolic acid (phenol) in quantities of at least one pound be required to obtain a shopkeepers’ license under ORS 689.305 (Registration of drug outlets). Retail sales of carbolic acid (phenol) in quantities of less than one pound shall be confined to pharmacies and registration of such sales shall be made on their poison register.

(7)

Except as specifically provided by law, the provisions of laws governing the sale and distribution of poisons do not apply to the sale or distribution of compounds, preparations or remedies which do not contain more than two grains of opium, or more than one-fourth grain of morphine, or more than one-eighth grain of heroin, or more than one grain of codeine, or any salt or derivative of any of them in one fluid ounce, or, if solid or semisolid preparations, in one avoirdupois ounce; or to liniments, ointments or other preparations which are prepared for external use only, when sold or distributed for use as medicines.

(8)

Intentionally left blank —Ed.

(a)

Whenever poisons are dispensed in accordance with a written prescription by a practitioner, and such written prescription is filed and retained by the pharmacist as required by law, all of the requirements of ORS 453.005 (Definitions for ORS 453.005 to 453.135) to 453.135 (Notice required prior to institution of criminal proceedings) and 453.990 (Criminal penalties) (2) are satisfied.

(b)

A pharmacist shall affix a poison label to a prescription when the prescribing practitioner so directs.

(9)

Nothing in ORS 453.005 (Definitions for ORS 453.005 to 453.135) to 453.135 (Notice required prior to institution of criminal proceedings) and 453.990 (Criminal penalties) (2) applies to the manufacture or wholesale of any poisons. However, each box, vessel or package, other than prescriptions, in which any poison is contained must be labeled as provided in ORS 453.035 (Standards for labeling of hazardous substances).

(10)

Nothing in ORS 453.005 (Definitions for ORS 453.005 to 453.135) to 453.135 (Notice required prior to institution of criminal proceedings) and 453.990 (Criminal penalties) (2) applies to:

(a)

The manufacture, sale, repair, distribution, maintenance, refurbishment or modification of any new raw material or component part used in a motor vehicle, as that term is defined in ORS 801.360 (“Motor vehicle.”), or an airplane with component parts, including but not limited to original spare parts, that contain decabrominated diphenyl ether.

(b)

The use of commercial decabrominated diphenyl ether in the maintenance, refurbishment or modification of equipment used for purposes related to transportation. [1971 c.409 §4; 1977 c.785 §4; 1979 c.777 §48; 2009 c.639 §3]
(Regulation; Prohibited Acts)

Source: Section 453.025 — Certain practices not affected by ORS 453.005 to 453.135, https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html.

453.001
Definitions for ORS 453.001 to 453.185
453.005
Definitions for ORS 453.005 to 453.135
453.015
Application
453.025
Certain practices not affected by ORS 453.005 to 453.135
453.035
Standards for labeling of hazardous substances
453.045
Poison registers
453.055
Hazardous, banned hazardous, misbranded hazardous substances
453.065
Detention of suspected substances
453.075
Repurchase of banned hazardous substances previously sold
453.085
Prohibited acts
453.095
Rules
453.105
Authority to enter premises
453.115
Access to records of persons carrying, receiving or storing in commerce
453.125
Enjoining violations
453.135
Notice required prior to institution of criminal proceedings
453.175
Necessity for poison label
453.185
False representation by purchaser prohibited
453.205
Definitions for ORS 453.205 to 453.275
453.215
Legislative findings
453.225
When presumption of toxic ingredient arises
453.235
Distribution of material containing toxic substances
453.245
Order or purchase by school of material considered to contain toxic substance prohibited
453.255
List of authorized art and craft materials
453.265
Filing of formulation information with poison control centers required
453.275
Civil penalty
453.307
Definitions for ORS 453.307 to 453.414
453.312
Legislative findings
453.317
Hazardous substance survey
453.322
Retention of information
453.327
Public access
453.332
When disclosure of identity may be withheld
453.337
When disclosure of identity of hazardous substance required
453.342
When incident of injury to be reported
453.347
Emergency response planning
453.352
Exemption from reporting requirements
453.357
Civil penalty
453.362
Department of Consumer and Business Services to supply employers’ names
453.367
Rules
453.370
Limitations on local community right to know regulatory programs
453.372
Short title
453.374
Hazardous material emergency response system
453.376
Disclosure of information to State Fire Marshal
453.378
Disclosure of information to local government official
453.380
Regional hazardous material response team
453.382
Cost of responding to emergency
453.384
Immunity of team members from liability
453.386
Equipment and personnel
453.388
Contracts for equipment, personnel loans or equipment purchases
453.390
Revolving fund
453.392
Spills or releases during transportation by rail
453.394
Oil and Hazardous Material Transportation by Rail Action Fund
453.396
Definitions for ORS 453.396 to 453.414
453.398
Purpose
453.400
Possession of hazardous substance
453.402
Fees
453.404
Extension of payment date
453.406
Records of hazardous substance possessed
453.408
Rules
453.410
Application of ORS chapters 305 and 314
453.412
Deposit and distribution of moneys received from fees
453.414
Exemption for local government
453.520
Department of the State Fire Marshal as state emergency response commission
453.605
Definitions for ORS 453.605 to 453.800
453.615
Statement of policy
453.625
Purpose of ORS 453.605 to 453.800
453.635
State Radiation Control Agency
453.645
Radiation Advisory Committee
453.655
License or registration required for radiation source
453.665
Licenses
453.671
Vendor license
453.675
State assumption of federal responsibility for radiation sources
453.685
Entry on property for inspection purposes
453.695
Records concerning radiation source
453.705
Impounding radiation source upon violation
453.715
Injunction against violation
453.726
Definitions for ORS 453.726 to 453.734
453.727
Purpose of ORS 453.726 to 453.734
453.728
Tanning device to comply with federal requirements
453.729
Standards and regulation of tanning devices
453.730
Written warning statement and sign
453.731
Civil penalty for violation of ORS 453.726 to 453.734
453.732
Disposition of receipts
453.734
Prohibition on use of tanning devices by persons under 18 years of age
453.735
ORS 453.605 to 453.800 and rules supersede contrary laws or regulations
453.745
Intergovernmental cooperation to control radiation sources
453.752
X-ray machine registration
453.754
Application for X-ray machine registration
453.757
X-ray machine biennial registration fee
453.761
X-ray machine registration period
453.766
Prohibited conduct
453.771
Imposition of civil penalty for X-ray machine registration violations
453.775
Duties of Oregon Health Authority pertaining to X-ray machines
453.780
Radiology inspectors
453.785
Accreditation
453.790
Power of Oregon Health Authority to condition, suspend, revoke or refuse to renew radiology inspector accreditation
453.795
Duties of Oregon Health Authority pertaining to accreditation of radiology inspectors
453.800
X-ray Machine Inspection Account
453.805
Elimination of radiation source danger
453.807
When hearing required
453.825
Department of Transportation plan for regulating transport of hazardous substances and radioactive waste
453.835
Report to legislative committee
453.855
Purpose
453.858
Definitions for ORS 453.855 to 453.912
453.861
Applicability
453.864
Rules
453.867
Restriction on transfer of property used as illegal drug manufacturing site
453.870
Transfer allowed after full disclosure
453.873
Entry onto property
453.876
Determination that property is not fit for use
453.879
Director of the Department of Consumer and Business Services to be notified of determination
453.882
Contaminated property as public nuisance
453.885
Decontamination of property
453.886
Notice by county or local government required before incurring costs
453.888
License required to perform decontamination
453.891
Oregon Health Authority to provide information to licensed contractors and those planning to become licensed
453.894
Licensing fees
453.897
Lists of licensed contractors to be made available
453.900
Inspection of decontamination work
453.903
Evaluation of decontamination projects
453.906
Condemnation or demolition of property
453.909
Authority of counties and cities
453.912
Governmental immunity from liability
453.990
Criminal penalties
453.995
Civil penalties
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