ORS Chapter 618 - Oregon Statutes

Chapter 618 — Weightsand Measures

 

2009 EDITION

 

WEIGHTSAND MEASURES

 

FOODAND OTHER COMMODITIES

 

GENERALPROVISIONS

 

618.010     Definitions

 

618.016     Policy

 

618.021     Dutiesof director

 

618.026     Delegationof duties and powers of department and director

 

618.031     Rulemakingauthority

 

618.036     Establishingweights and measures system; use of federal system

 

618.041     Standardsfor weights and measures system; security of state primary standard

 

618.046     Secondarystandards; verification of accuracy

 

618.051     Specificationsand tolerances of commercial weights and measures; consideration of federalrequirements; status of nonconforming weights and measures; rules

 

618.056     Testingand inspecting weights and measures offered for sale or used commercially;rules

 

618.061     Testingweights and measures at institutions supported by state funds

 

618.066     Departmentinvestigation of alleged weights and measures law violations; exempt devices

 

618.071     Inspectionand investigation authority of department; written notices for minor violations

 

618.076     Approvinguse of weights and measures; use of certain terms describing condition ofequipment; seizure and destruction of nonconforming equipment

 

618.081     Ownersof weights and measures required to correct deficiencies; reexamination ofincorrect weights and measures prior to use

 

618.086     Ordersrestricting distribution of weights and measures

 

618.091     Securityseal to be attached to weights and measures devices

 

618.096     Prohibitedacts involving commercial weights and measures

 

618.101     Evidentiarypresumptions regarding weights and measures law

 

618.115     Voluntaryinspection of weighing or measuring instruments; fees

 

LICENSINGOF COMMERCIALLY OPERATED WEIGHING OR MEASURING INSTRUMENTS

 

618.121     Licenserequired for commercially operated weighing or measuring instrument; scope oflicense

 

618.126     Exemptionsfrom licensing requirement

 

618.131     Weightsand measures licenses in addition to other licenses; effect of conflicting laws

 

618.136     Establishinglicense fees; renewals; disposition of fees

 

618.141     Maximumlicense fees

 

618.146     Termof licenses; suspension and revocation of licenses

 

618.151     Commercialuse of unlicensed weighing or measuring instrument prohibited

 

618.156     Forms,certificates and identification tags; license application forms

 

618.161     Noticeof violation to owner or operator of unlicensed weighing or measuringinstrument; tagging or sealing instruments to prevent unauthorized use

 

COMMODITYSALES REGULATIONS

 

618.201     Samplingof packages and commodities; ordering packages and commodities withheld fromsale; disposition after order

 

618.206     Mannerof selling commodities; exemptions; rules

 

618.211     Labelingof packaged commodities; use of labeling terms restricted; scope of rules

 

618.216     Costper unit labeling requirements

 

618.221     Restrictionon manner of packaging commodities; fill of container requirements

 

618.226     Commodityprice and quantity advertising requirements; restriction on use of certainadvertising terms

 

618.231     “Weight”defined; construction of term in sales transactions

 

618.236     Pricemisrepresentation prohibited; expressing fractional prices

 

618.241     Writteninvoice of certain commodity sales required; contents of writing

 

618.246     Saleby weight required for certain food products; labeling requirements

 

RAILROADTRACK SCALE REGULATION

 

618.275     Testingand inspection of scales; use without seal prohibited; sealing device; testsand inspection of cars; interstate cooperation

 

LICENSINGLAW ENFORCEMENT

 

618.406     Definitions;citations for certain violations; delegation of authority; service ofcitations; recording

 

SECURITYSEAL ENFORCEMENT

 

618.501     Definitions

 

618.506     Enjoiningsecurity seal violations; notice to defendant; voluntary compliance; temporaryorder; attorney fees and costs

 

618.511     Remedialpower of court

 

618.516     Civilaction by private party; damages; attorney fees and costs; effect of courtaction; time for commencing action

 

618.521     Investigativedemand; petition to modify

 

618.526     Methodof serving investigative demand

 

618.531     Effectof failure to obey investigative demand

 

618.541     Lossof license for operation in violation of injunction

 

618.546     Reportsby district attorney to Attorney General; filing of voluntary compliances

 

618.551     Remediessupplementary to existing statutory or common law remedies

 

PENALTIES

 

618.991     Penalties

 

618.995     Civilpenalties

 

GENERALPROVISIONS

 

      618.010Definitions.As used in this chapter, unless the context requires otherwise:

      (1)“Advertising” or “advertisement” means any public notice or announcement of commoditiesfor sale, services to be performed, equipment or facilities for hire, or anyother thing offered to the public, via publishing or broadcasting media or bysigns, banners, posters, handbills, labels or similar devices, for the purposeof 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 connectionwith or related to transactions in which, in exchange for commodities receivedor services rendered, consideration is given in terms of currency, negotiableinstruments, credit, merchandise or any other thing of value.

      (3)“Commodity” means any merchandise, product or substance produced or distributedfor sale to, or use by, others.

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

      (5)“Commodity in package form” means any quantity of a commodity put up orpackaged in any manner in advance of sale, in units suitable for eitherwholesale or retail sale by weight, volume, measure or count, exclusive,however, of any auxiliary shipping container enclosing packages thatindividually conform to the requirements of ORS 618.010 to 618.246. Anindividual item or lot of any commodity not in package form as defined in thissubsection, but on which there is marked a selling price based on anestablished price per unit of weight or of measure, is a commodity in packageform.

      (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 asupervisor of, or an inspector of, weights and measures.

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

      (10)“Introduced into intrastate commerce” means the time and place at which thefirst sale and delivery of a commodity is made within this state, the deliverybeing made either directly to the purchaser or to a common carrier for shipmentto the purchaser.

      (11)“Liquid-fuel measuring device” means any meter, pump, tank, gage or apparatusused for volumetrically determining the quantity of any internal combustionengine fuel, liquefied petroleum gas or low-viscosity heating oil.

      (12)“National Institute of Standards and Technology” means the National Instituteof 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 againstundetectable 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 includerailroad rolling stock.

      (16)“Weighing device” means any scale, balance or apparatus used forgravimetrically determining the quantity of any commodity on a discrete orcontinuous basis.

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

 

      618.016Policy.It is the express intent and purpose of ORS 618.010 to 618.246 and 618.991 toestablish statutory authority for the administration, regulation and enforcementof weights and measures requirements generally within this state. Theobjectives of state supervision of weights and measures under ORS 618.010 to618.246 include the following:

      (1)Ensuring that weights and measures in commercial service within the state aresuitable for their intended use, properly installed and accurate and are somaintained by their owner or user.

      (2)Preventing unfair dealing by weight or measure in any commodity or serviceadvertised, packaged, sold or purchased within this state.

      (3)Making available to all users of physical standards or weighing and measuringequipment the precision calibration and related metrological certificationcapabilities of the weights and measures facilities of the State Department ofAgriculture.

      (4)Promoting uniformity, to the extent such conformance is practicable anddesirable, between weights and measures requirements of this state and those ofother states and federal agencies.

      (5)Encouraging desirable economic growth while protecting the consumer through theadoption by rule of weights and measures requirements as necessary to ensureequity among buyers and sellers. [1973 c.293 §3; 2005 c.22 §414]

 

      618.021Duties of director.The Director of Agriculture shall:

      (1)Maintain custody of the state standards of weight and measure and of the otherstandards and equipment provided for by ORS 618.010 to 618.246;

      (2)Keep accurate records of all standards and equipment;

      (3)Exercise general supervision over the weights and measures sold or offered forsale or in use in this state; and

      (4)Report to the Governor annually, and at such other times as the Governor mayrequire, on all of the activities of the director in carrying out ORS 618.010to 618.246. [1973 c.293 §5; 2005 c.22 §415]

 

      618.026Delegation of duties and powers of department and director. Except forrulemaking, the duties and powers of the State Department of Agriculture andthe Director of Agriculture pursuant to ORS 618.010 to 618.246 may be delegatedat the discretion of the director. [1973 c.293 §14; 2005 c.22 §416]

 

      618.031Rulemaking authority.(1) The State Department of Agriculture is authorized to make any rulesnecessary to carry out ORS 618.010 to 618.246, but in making such rules thedepartment shall consider so far as is practicable and desirable therequirements established by other states and by authority of the United States.Such rules shall govern the use or application of weights and measures andweights and measures transactions in this state.

      (2)Such rules may:

      (a)Establish standards of net weight, measure or count, and reasonable standardsof fill for any commodity in package form;

      (b)Establish procedures governing the technical and reporting activities to befollowed, and prescribe report and record forms and marks of approval andrejection to be used by inspectors of weights and measures in the discharge oftheir duties;

      (c)Prescribe exemptions for weights and measures from the sealing, labeling ormarking requirements of ORS 618.010 to 618.246;

      (d)Establish procedures governing the voluntary registration of commercialweighing and measuring device servicemen and service agencies;

      (e)Establish schedules of fees for licensing commercial weighing and measuringdevices and for testing or certification;

      (f)Prescribe specifications relating to the advertising, labeling, dispensing andselling of commodities in bulk form to or by retail outlets reasonablynecessary for the protection of purchasers thereof;

      (g)Establish guidelines to assure that amounts of commodities or services sold oroffered for sale are represented accurately and informatively to all interestedparties; and

      (h)Prescribe specifications, tolerances and other technical requirements forweights and measures so as to eliminate from use, weights and measures:

      (A)That are not accurate;

      (B)That are of such construction that they are faulty, in that they are notreasonably permanent in their adjustment or will not repeat their indicationscorrectly; or

      (C)That facilitate the perpetration of deceit or misrepresentation.

      (3)Nothing in subsection (2) of this section is intended to limit the authority ofthe department to make any other rules necessary to carry out ORS 618.010 to618.246. [1973 c.293 §6; 1975 c.615 §2; 1977 c.132 §4]

 

      618.036Establishing weights and measures system; use of federal system. The StateDepartment of Agriculture may utilize, for all commercial purposes in thisstate, either that system of weights and measures customarily used in theUnited States or the metric system of weights and measures. In prescribing thebasic units of weight and measure, tables of weight and measure, weight andmeasure equivalents, specifications, tolerances and other technicalrequirements for commercial weighing and measuring devices, the departmentshall recognize those published by the National Institute of Standards andTechnology, and they shall be applicable to weighing and measuring equipmentand transactions in this state. [1973 c.293 §15; 2003 c.14 §367]

 

      618.041Standards for weights and measures system; security of state primary standard. (1) Standardsof weight and measure that are traceable to the United States prototypestandards and that are supplied by the federal government or that are otherwiseapproved as being satisfactory by the National Institute of Standards andTechnology shall be the state’s primary standards of weight and measure.

      (2)The state primary standards shall be kept in a safe and suitable place in themetrology laboratory of the office of weights and measures, and shall not beremoved from the laboratory except for repairs or for calibration as may beprescribed by the National Institute of Standards and Technology. [1973 c.293 §16;2003 c.14 §368]

 

      618.046Secondary standards; verification of accuracy. The state shallsupply secondary standards and such other equipment as is necessary to carryout ORS 618.010 to 618.246. Such standards shall be verified, by comparisonwith the state primary standards prescribed in ORS 618.041, upon their initialreceipt and thereafter as often as the State Department of Agricultureconsiders necessary. [1973 c.293 §17; 2005 c.22 §417]