ORS 618.010
Definitions


As used in this chapter, unless the context requires otherwise:

(1)

“Advertising” or “advertisement” means any public notice or announcement of commodities for sale, services to be performed, equipment or facilities for hire, or any other thing offered to the public, via publishing or broadcasting media or by signs, banners, posters, handbills, labels or similar devices, for the purpose of inducing, directly or indirectly, the purchase or use of such commodities, services, equipment or facilities.

(2)

“Commercial” or “commercially used” means any application or use in connection with or related to transactions in which, in exchange for commodities received or services rendered, consideration is given in terms of currency, negotiable instruments, credit, merchandise or any other thing of value.

(3)

“Commodity” means any merchandise, product or substance produced or distributed for sale to, or use by, others.

(4)

“Commodity in bulk form” means any quantity of a commodity that is not a commodity in package form.

(5)

“Commodity in package form” means any quantity of a commodity put up or packaged in any manner in advance of sale, in units suitable for either wholesale or retail sale by weight, volume, measure or count, exclusive, however, of any auxiliary shipping container enclosing packages that individually conform to the requirements of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products). An individual item or lot of any commodity not in package form as defined in this subsection, but on which there is marked a selling price based on an established price per unit of weight or of measure, is a commodity in package form.

(6)

“Department” means the State Department of Agriculture.

(7)

“Director” means the Director of Agriculture.

(8)

“Inspector” means any state officer or employee designated by the director as a supervisor of, or an inspector of, weights and measures.

(9)

“Intrastate commerce” means any and all commerce or trade begun, carried on and completed wholly within the limits of this state.

(10)

“Introduced into intrastate commerce” means the time and place at which the first sale and delivery of a commodity is made within this state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

(11)

“Liquid-fuel measuring device” means any meter, pump, tank, gage or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low-viscosity heating oil.

(12)

“National Institute of Standards and Technology” means the National Institute of Standards and Technology of the Department of Commerce of the United States.

(13)

“Sale” and “sell” include barter and exchange.

(14)

“Security seal” means a lead-and-wire seal, or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use.

(15)

“Vehicle” means any wheeled conveyance in, upon or by which any property, livestock or commodity is or may be transported or drawn, but does not include railroad rolling stock.

(16)

“Weighing device” means any scale, balance or apparatus used for gravimetrically determining the quantity of any commodity on a discrete or continuous basis.

(17)

“Weights and measures” means all weights and measures, instruments and devices of every kind for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. However, “weights and measures” does not include meters for the measurement of electricity, gas or water when operated in a system of a public utility, as that term is defined in ORS 757.005 (Definition of public utility). [Amended by 1973 c.293 §1; 1975 c.615 §1; 1977 c.132 §3; 1999 c.237 §1; 2003 c.14 §366; 2005 c.22 §413; 2007 c.71 §186]

Source: Section 618.010 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html.

618.010
Definitions
618.016
Policy
618.021
Duties of director
618.026
Delegation of duties and powers of department and director
618.031
Rulemaking authority
618.036
Establishing weights and measures system
618.041
Standards for weights and measures system
618.046
Secondary standards
618.051
Specifications and tolerances of commercial weights and measures
618.056
Testing and inspecting weights and measures offered for sale or used commercially
618.061
Testing weights and measures at institutions supported by state funds
618.066
Department investigation of alleged weights and measures law violations
618.071
Inspection and investigation authority of department
618.076
Approving use of weights and measures
618.081
Owners of weights and measures required to correct deficiencies
618.086
Orders restricting distribution of weights and measures
618.091
Security seal to be attached to weights and measures devices
618.096
Prohibited acts involving commercial weights and measures
618.101
Evidentiary presumptions regarding weights and measures law
618.115
Voluntary inspection of weighing or measuring instruments
618.121
License required for commercially operated weighing or measuring instrument
618.126
Exemptions from licensing requirement
618.131
Weights and measures licenses in addition to other licenses
618.136
Establishing license fees
618.141
Maximum license fees
618.146
Term of licenses
618.151
Commercial use of unlicensed weighing or measuring instrument prohibited
618.156
Forms, certificates and identification tags
618.161
Notice of violation to owner or operator of unlicensed weighing or measuring instrument
618.201
Sampling of packages and commodities
618.206
Manner of selling commodities
618.211
Labeling of packaged commodities
618.216
Cost per unit labeling requirements
618.221
Restriction on manner of packaging commodities
618.226
Commodity price and quantity advertising requirements
618.231
“Weight” defined
618.236
Price misrepresentation prohibited
618.241
Written invoice of certain commodity sales required
618.246
Sale by weight required for certain food products
618.275
Testing and inspection of scales
618.406
Definitions
618.501
Definitions
618.506
Enjoining security seal violations
618.511
Remedial power of court
618.516
Civil action by private party
618.521
Investigative demand
618.526
Method of serving investigative demand
618.531
Effect of failure to obey investigative demand
618.541
Loss of license for operation in violation of injunction
618.546
Reports by district attorney to Attorney General
618.551
Remedies supplementary to existing statutory or common law remedies
618.991
Penalties
618.995
Civil penalties
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