2015 ORS 646.923¹
Retention of certificate of analysis
  • powers of Director of Agriculture
  • biodiesel testing
  • rules

(1) Each biodiesel or other renewable diesel producer, each operator of a biodiesel bulk facility and each person who imports biodiesel or other renewable diesel into this state for sale in this state shall keep for at least one year, at the person’s registered place of business, the certificate of analysis for each batch or production lot of B100 biodiesel sold or delivered in this state.

(2) The Director of Agriculture, or the director’s authorized agent, upon reasonable oral or written notice, may make such examinations of books, papers, records and equipment the director requires to be kept by a biodiesel or other renewable diesel producer, facility operator or importer as may be necessary to carry out the duties of the director under ORS 646.910 (Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements) to 646.923 (Retention of certificate of analysis).

(3) The director, or the director’s authorized agent, may test biodiesel or other renewable diesel for the purpose of inspecting the biodiesel or other renewable diesel of any producer, bulk facility, business or other establishment that sells, offers for sale, distributes, transports, hauls, delivers or stores biodiesel or other renewable diesel that is subsequently sold or offered for sale, for compliance with the motor fuel quality standards adopted pursuant to ORS 646.957 (Rules).

(4) For the purpose of ensuring the quality of B100 biodiesel, the director, or the director’s authorized agent, may obtain, at no cost to the department and as often as deemed necessary, a representative sample of B100 biodiesel from any producer, bulk facility, business or other establishment that sells, offers for sale, distributes, transports, hauls, delivers or stores biodiesel. The State Department of Agriculture shall adopt rules establishing the number of samples to be tested. The entire cost of transportation and testing of the samples shall be the responsibility of and invoiced directly to the business from which the sample was obtained. [2007 c.739 §15]

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunc­tion should issue when a court finds a viola­tion of the Act is a matter of discre­tion. State ex rel Johnson v. Interna­tional Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no af­firm­a­tive duty to inform customers of rates in absence of request, but prohibits making in­for­ma­­tion about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 646—Trade Practices and Antitrust Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646.­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.