2017 ORS 616.205¹
Definitions for ORS 616.205 to 616.385

As used in ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules), unless the context clearly indicates a different meaning:

(1) “Advertisement” includes all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of the food.

(2) “Color” includes black, white and intermediate grays.

(3)(a) “Color additive” means a material that:

(A) Is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; or

(B) When added or applied to a food or to the human body or any part thereof, is capable, alone or through reaction with other substance, of imparting color thereto.

(b) “Color additive” does not include any material that has been exempted under the federal Act.

(c) Notwithstanding paragraph (a) of this subsection, “color additive” does not include any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding or otherwise affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil and thereby affecting its color, whether before or after harvest.

(4) “Consumer commodity” means any food as defined by ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.215 (Prohibited acts), 616.225 (Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity) to 616.256 (Labeling exemption for foods to be repackaged), 616.286 (Inspection and investigation powers of department), 616.295 (Reports and information issuable by department), 616.310 (Notice or warning of minor violations), 616.315 (Jurisdiction of courts), 616.325 (Consumer commodity labeling requirements), 616.330 (Alcoholic beverage exemption), 616.341 (Use of poisons, pesticides or food additives restricted), 616.350 (Control of food additives) to 616.366 (Rules for use of poisons, pesticides, food or color additives), 616.790 (Enforcement of ORS 616.775 to 616.790 by department) and 616.992 (General criminal penalty) or by the federal Act.

(5) “Contaminated with filth” means the condition of any food not securely protected from dust, dirt and, as far as may be necessary by all reasonable means, from all foreign or injurious substances.

(6) “Dietary ingredient” means one or more of the following or a concentrate, constituent, extract or metabolite of one or more of the following:

(a) An amino acid;

(b) An herb or other botanical;

(c) A mineral;

(d) A dietary substance intended to supplement the human diet by increasing total dietary intake; or

(e) A vitamin.

(7) “Dietary supplement” means an article, not including any tobacco product, that:

(a) Is subject to dietary supplement labeling requirements under 21 C.F.R. 101.36;

(b) Is intended to supplement conventional food in the diet of humans and contains a dietary ingredient; and

(c)(A) Is intended for ingestion in tablet, capsule, powder, softgel, gelcap or liquid form; or

(B) Is not represented to be a conventional food or to be for use as the sole item of a meal or diet.

(8) “Director” means the Director of Agriculture.

(9) “Federal Act” means the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq., 52 Stat. 1040 et seq.

(10) “Food” means:

(a) Articles used for food or drink, including ice, for human consumption or food for dogs and cats;

(b) Chewing gum;

(c) Dietary supplements; and

(d) Articles used for components of any such article.

(11) “Food additive” means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food, including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, and including any source of radiation intended for any such use, if such substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures or experience based on common use in food to be safe under the conditions of its intended use. “Food additive” does not include:

(a) A pesticide chemical in or on a raw agricultural commodity;

(b) A pesticide chemical to the extent that it is intended for use, or is used in the production, storage or transportation of any raw agricultural commodity; or

(c) A color additive.

(12) “Food establishment” means:

(a) Any room, building, structure or place, used or intended for use, or operated for storing, preparing, compounding, manufacturing, processing, freezing, packaging, distributing, handling or displaying food.

(b) The ground upon which such place or business is operated or used and so much ground adjacent thereto as is also used in carrying on the business of the establishment. The State Department of Agriculture may prescribe such additional area or places which, although they may not be contiguous or adjacent to the above area or establishment, may be included therein.

(c) Vehicles, machinery, equipment, utensils, tools, fixtures, implements and all other articles or items, used in operating or carrying on the business of a food establishment.

(13) “Immediate container” does not include package liners.

(14) “Label” means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made under authority of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.215 (Prohibited acts), 616.225 (Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity) to 616.256 (Labeling exemption for foods to be repackaged), 616.286 (Inspection and investigation powers of department), 616.295 (Reports and information issuable by department), 616.310 (Notice or warning of minor violations), 616.315 (Jurisdiction of courts), 616.325 (Consumer commodity labeling requirements), 616.330 (Alcoholic beverage exemption), 616.341 (Use of poisons, pesticides or food additives restricted), 616.350 (Control of food additives) to 616.366 (Rules for use of poisons, pesticides, food or color additives), 616.790 (Enforcement of ORS 616.775 to 616.790 by department) and 616.992 (General criminal penalty) that any word, statement or other information appears on a label has not been obeyed unless such word, statement or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article or unless such word, statement or information is easily legible through the outside container or wrapper.

(15) “Labeling” means all labels and other written, printed or graphic matters upon an article or any of its containers or wrappers, or accompanying such article.

(16) “Package” means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include:

(a) Shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers or processors, or to wholesale or retail distributors thereof; or

(b) Shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity.

(17) “Pesticide chemical” means any substance which, alone, in chemical combination or in formulation with one or more other substances is a “pesticide” as defined in ORS 634.006 (Definitions).

(18) “Principal display panel” means that part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.

(19) “Raw agricultural commodity” means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing. [Amended by 1961 c.637 §1; 1973 c.227 §1; 1983 c.160 §2; 1983 c.740 §231; 1987 c.158 §120a; 2001 c.320 §2; 2003 c.14 §§363,364; 2017 c.42 §1]

1 Legislative Counsel Committee, CHAPTER 616—General and Miscellaneous Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors616.­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.