Oregon § 618.090 - [Repealed by 1973 c.293 55]

§ 618.090. [Repealed by 1973 c.293 55]

618.090 [Repealed by 1973 c.293 55]

618.091 Security seal to be attached to weights and measures devices. A security seal shall be affixed to any adjustment mechanism, readout compensator, primary indicator, or retainer to prevent removal of a measurement element, in such manner as the State Department of Agriculture by rule may prescribe, on all commercial weights and measures. [1973 c.293 19]

618.096 Prohibited acts involving commercial weights and measures. No person shall:

(1) Use, or have in the possession of the person for the purpose of using for any commercial purpose specified in ORS 618.056, sell, offer or expose for sale or hire, or have in the possession of the person for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used or intended for use to falsify any weight or measure.

(2) Use, or have in the possession of the person for the purpose of current use for any commercial purpose specified in ORS 618.056, a weight or measure that does not bear a seal or mark such as is specified in ORS 618.076 unless such weight or measure has been exempted from testing by ORS 618.056 or by a rule of the State Department of Agriculture or unless the device has been placed in service as provided by rule of the department.

(3) Dispose of any rejected or condemned weight or measure in a manner contrary to ORS 618.010 to 618.246 or rules promulgated pursuant thereto.

(4) Remove, alter or deface any security seal, tag, seal or mark placed on any weight or measure by the department.

(5) Sell, offer or expose for sale, less than the quantity the person represents of any commodity, thing or service.

(6) Take more than the quantity the person represents of any commodity, thing or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined.

(7) Keep for the purpose of sale, advertise, sell, offer or expose for sale, any commodity, thing or service in a condition or manner contrary to ORS 618.010 to 618.246 or rules promulgated pursuant thereto.

(8) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from a reasonable customer position.

(9) Violate any other provision of ORS 618.010 to 618.246 or rules promulgated pursuant thereto. [1973 c.293 50; 2005 c.22 423]

618.100 [Repealed by 1973 c.293 55]

618.101 Evidentiary presumptions regarding weights and measures law. For the purposes of ORS 618.010 to 618.246, proof of the existence of a weight or measure or a weighing or measuring instrument or device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on is presumptive proof of the regular use of such weight or measure or weighing or measuring instrument or device for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle. [1973 c.293 51; 2005 c.22 424]

618.110 [Repealed by 1973 c.293 55]

618.115 Voluntary inspection of weighing or measuring instruments; fees. In addition to the authority otherwise granted to the State Department of Agriculture to inspect and test weighing or measuring instruments or devices, the department may, at the request of an owner or user thereof, inspect and test weighing or measuring instruments or devices to ascertain if they are correct. As authorized by ORS 618.031 (2)(e), the department may establish fees for performing the services and the person requesting the services shall pay the established fees to the department. [1977 c.132 2]

Note: 618.115 was added to and made a part of ORS chapter 618 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

618.120 [Repealed by 1973 c.293 55]

LICENSING OF COMMERCIALLY OPERATED WEIGHING OR MEASURING

INSTRUMENTS

618.121 License required for commercially operated weighing or measuring instrument; scope of license. No person shall operate or use for commercial purposes within the state any weighing or measuring instrument or device specified in ORS 618.141 that is not licensed in accordance with the requirements of ORS 618.010 to 618.246 unless exempted as provided in ORS 618.126. Any license issued under ORS 618.010 to 618.246 applies only to the instrument or device specified in the license. However, the State Department of Agriculture may permit such license to be applicable to a replacement for the original instrument or device. [1973 c.293 30; 2005 c.22 425]

618.126 Exemptions from licensing requirement. Commercial weighing or measuring instruments or devices specified in ORS 618.141 are exempt from the licensing requirements in ORS 618.121 if any of the following apply:

(1) Ownership and use of the instrument or device is limited to federal, state or local government agencies in the performance of official functions.

(2) The instrument or device is of a readily portable type, not intended for use within the state in excess of 30 days annually, and for which proof exists of satisfactory examination within the immediately preceding six months by a state or local weights and measures authority. [1973 c.293 31; 1989 c.405 5]

618.130 [Repealed by 1973 c.293 55]

618.131 Weights and measures licenses in addition to other licenses; effect of conflicting laws. (1) The licenses required by ORS 618.010 to 618.246 are in addition to any other licenses required by law.

(2) If ORS 618.010 to 618.246 and 618.991 are in conflict with any other statutes, ordinances or regulations, the provisions of ORS 618.010 to 618.246 and 618.991 take precedence. [1973 c.293 53; 2005 c.22 426]

618.136 Establishing license fees; limits on fee increases; disposition of fees. (1) The license fee for each type or class of commercial weighing or measuring instrument or device shall be established by the State Department of Agriculture in an amount not to exceed the maximum limits under ORS 618.141. Such fees shall be established in the amounts necessary for the department to carry out and enforce the provisions of ORS 618.010 to 618.246 relating to the supervision of commercial weighing and measuring instruments or devices, and to maintain an emergency fund with an unencumbered balance in an amount not to exceed the cost of administering ORS 618.010 to 618.246 during a representative four-month period in order to ensure the orderly supervision of commercial weighing and measuring instruments or devices within this state.

(2) License fees become past due July 1 each year for renewals, and on the date of first commercial use for original installations.

(3) Except as provided in this subsection, the department may not establish a license fee under this section that is more than three percent higher than the license fee charged during the preceding year for a commercial weighing or measuring instrument or device of the same type and class. Notwithstanding the three percent limit but subject to the maximum limits under ORS 618.141, when establishing a license fee under this section the department may round the fee amount to the next higher whole dollar amount. The department may not change the license fee for the same type and class of commercial weighing or measuring instrument or device more than once each year.

(4) All moneys received by the department pursuant to ORS 618.010 to 618.246 shall be paid into the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of administering those provisions of ORS 618.010 to 618.246 relating to testing, inspection, licensing and regulation of commercial weighing and measuring instruments or devices. [1973 c.293 32; 1977 c.132 8; 1979 c.499 21; 2019 c.385 1,2; 2025 c.441 4]

Note: Section 2, chapter 441, Oregon Laws 2025, provides: Sec. 2. Notwithstanding the three percent limit established by ORS 618.136 (3) but subject to the maximum limits under ORS 618.141, the State Department of Agriculture may, by rule, increase a license fee described in ORS 618.136 (1) by:

(1) For the fiscal year beginning July 1, 2026, up to 10 percent of the amount of the license fee for the fiscal year beginning July 1, 2025; and

(2) For the fiscal year beginning July 1, 2027, up to 10 percent of the amount of the license fee for the fiscal year beginning July 1, 2026. [2025 c.441 2]

618.141 Maximum license fees. The license fees established pursuant to ORS 618.136 for commercial weighing or measuring instruments or devices may not exceed the following:

______________________________________________________________________________

Discrete Weighing Devices Maximum

(Manufacturer s rated capacity) Fee

Not over 400 pounds $ 68

Over 400 pounds,

but not over 1,160 pounds $ 134

Over 1,160 pounds,

but not over 7,500 pounds $ 270

Over 7,500 pounds,

but not over 60,000 pounds $ 404

Over 60,000 pounds $ 404

Static railroad track scales $ 1,730

Continuous Weighing Systems

(Manufacturer s rated capacity)

Under 10 tons per hour $ 505

10-150 tons per hour $ 782

Over 150 tons per hour, but

not over 1,000 tons per hour $ 1,560

Over 1,000 tons per hour $ 3,456

In-motion railroad track scales $ 1,730

Liquid-Fuel Metering Devices for

Noncorrosive Fuels Contained at

Atmospheric Pressure

(Maximum device flowrate)

Under 20 gallons per minute $ 59

20-150 gallons per minute $ 270

Over 150 gallons per minute $ 404

Special Liquid-Fuel Measuring

Equipment

(Type)

Liquefied petroleum gas meters

One inch pipe diameter or

under $ 404

Over one inch pipe diameter $ 404

Tanks, under 500 gallons

capacity when used as

measure containers with

or without gage rods or

markers $ 115

Tanks, 500 or more gallons

capacity when used as

measure containers with

or without gage rods or

markers $ 230

______________________________________________________________________________ [1973 c.293 34; 1977 c.132 6; 1983 c.210 1; 1989 c.405 6; 1991 c.610 1; 1993 c.122 1; 1999 c.237 2; 2007 c.489 1,3; 2019 c.385 3; 2025 c.441 1]

618.146 Term of licenses; suspension and revocation of licenses. (1) All weighing and measuring instrument or device licenses issued under ORS 618.010 to 618.246 expire on June 30 next after the date of issuance or on such date as may be specified by rule of the State Department of Agriculture.

(2) In accordance with the provisions of ORS chapter 183, any license issued under ORS 618.010 to 618.246 may be suspended or revoked by the department if the instrument or device is operated or used contrary to ORS 618.010 to 618.246 or rules promulgated pursuant thereto. [1973 c.293 33; 2005 c.22 427; 2007 c.768 24]

618.150 [Repealed by 1973 c.293 55]

618.151 Commercial use of unlicensed weighing or measuring instrument prohibited. The owner or person in possession of weighing or measuring instruments or devices for which the license fees have not been paid in the manner required by ORS 618.010 to 618.246 may not use the weighing or measuring instruments or devices for commercial purposes. [1973 c.293 35; 1979 c.333 1; 2005 c.22 428]

618.156 Forms, certificates and identification tags; license application forms. (1) The State Department of Agriculture shall prescribe such forms, certificates and identification tags as it considers necessary to carry out the licensing provisions of ORS 618.010 to 618.246.

(2) The department shall provide a certificate or other evidence of device license compliance to each person fulfilling the weighing or measuring device licensing requirements of ORS 618.010 to 618.246.

(3) Application for a weights and measures license shall be made upon a form prescribed and furnished by the department and shall contain such information as the department may require. [1973 c.293 36; 2005 c.22 429]

618.160 [Repealed by 1973 c.293 55]

618.161 Notice of violation to owner or operator of unlicensed weighing or measuring instrument; tagging or sealing instruments to prevent unauthorized use. When weighing or measuring instruments or devices specified in ORS 618.141 are in commercial use and a valid license for such instruments or devices has not been procured by the owner or operator thereof, the State Department of Agriculture after giving notice of such requirements to the owner or operator is authorized to prohibit the further commercial use of the unlicensed instruments or devices until the proper license has been issued. The department may employ and attach to the instruments or devices such forms, notices or security seals as it considers necessary to prevent the continued unauthorized use of the instruments or devices. [1973 c.293 37]

618.170 [Repealed by 1973 c.293 55]

618.175 [1961 c.643 6; repealed by 1973 c.293 55]

618.180 [Repealed by 1973 c.293 55]

618.190 [Amended by 1961 c.643 1; repealed by 1973 c.293 55]

618.200 [Repealed by 1973 c.293 55]

COMMODITY SALES REGULATIONS

618.201 Sampling of packages and commodities; ordering packages and commodities withheld from sale; disposition after order. (1) The State Department of Agriculture, as often as necessary to provide adequate protection, shall weigh or measure and inspect packages or amounts of commodities sold, offered or exposed for sale, or in the process of delivery, to determine whether they contain the amounts represented and whether they are sold, offered or exposed for sale in accordance with ORS 618.010 to 618.246. If such packages or amounts of commodities are found not to contain the amounts represented, or are found to be sold, offered or exposed for sale in violation of ORS 618.010 to 618.246, the department may order them withheld from sale and may so mark or tag them.

(2) In carrying out the provisions of this section, the department may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot.

(3) No person shall:

(a) Sell, offer or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered withheld from sale and marked or tagged as provided in this section until such package or amount of commodity has been brought into full compliance with all the requirements of ORS 618.010 to 618.246; or

(b) Otherwise dispose of any package or amount of the commodity that has been ordered withheld from sale and marked or tagged as provided in this section and that has not been brought into compliance with the requirements of ORS 618.010 to 618.246, in any manner, except with the specific approval of the department. [1973 c.293 10; 2005 c.22 430]

618.206 Manner of selling commodities; exemptions; rules. (1) Commodities in liquid form shall be sold only by liquid measure or weight and, except as otherwise provided in ORS 618.010 to 618.246, commodities not in liquid form shall be sold only by weight, measure of length or area, or count. However, liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold.

(2) The provisions of subsection (1) of this section do not apply to:

(a) Commodities sold for immediate consumption on the premises where sold;

(b) Vegetables sold by the head or bunch;

(c) Commodities in containers standardized by the laws of this state or the United States;

(d) Commodities in package form when there exists a general consumer usage to express the quantity in some other manner;

(e) Concrete aggregates, concrete mixtures and loose solid materials such as earth, soil, gravel, crushed stone and like substances sold by cubic measure; or

(f) Unprocessed vegetable and animal fertilizer sold by cubic measure.

(3) The State Department of Agriculture may make such reasonable rules as are necessary to ensure that the amounts of commodity for sale reflect accurate and fair practices. [1973 c.293 21; 2005 c.22 431]

618.210 [Repealed by 1973 c.293 55]

618.211 Labeling of packaged commodities; use of labeling terms restricted; scope of rules. (1) Except as otherwise provided in ORS 618.010 to 618.246 and the rules promulgated pursuant thereto, any commodity in package form introduced, delivered for introduction into or received in intrastate commerce and sold, offered or exposed for sale in intrastate commerce shall bear on the outside of the package definite, plain and conspicuous declarations of:

(a) The identity of the commodity in the package, unless it is visible through the wrapper;

(b) The net quantity of the contents in terms of weight, measure or count; and

(c) In the case of any package sold, offered or exposed for sale in any place other than on the premises where packed, the name and place of business of the manufacturer, packer or distributor, as may be prescribed by rule.

(2) In connection with the requirements of subsection (1)(b) of this section, neither the qualifying term when packed or any words of similar import, nor any term qualifying a unit of weight, measure or count such as jumbo, giant or full that tends to exaggerate the amount of commodity in a package shall be used.

(3) In connection with the requirements of subsection (1)(b) of this section, the State Department of Agriculture by rule may establish:

(a) Reasonable variations to be allowed, including variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure. However, such variations may not be permitted to the extent that the average of the quantities in the packages comprising a shipment, display or other lot is below the quantity stated, and no unreasonable shortage in any package shall be permitted even though overages in other packages in the same shipment, display or lot compensate for such shortage;

(b) Exemptions for small packages; and

(c) Exemptions for commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer. [1973 c.293 22; 2005 c.22 432]

618.216 Cost per unit labeling requirements. In addition to the declarations required by ORS 618.211, any commodity in package form which is one of a lot containing random weights, measures or counts of the same commodity and which states the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the corresponding price per unit of weight, measure or count in terms consistent with ORS 618.206. [1973 c.293 23]

618.220 [Repealed by 1973 c.293 55]

618.221 Restriction on manner of packaging commodities; fill of container requirements. No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may be prescribed for the commodity by the State Department of Agriculture. [1973 c.293 24]

618.226 Commodity price and quantity advertising requirements; restriction on use of certain advertising terms. (1) Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the quantity of contents of the package as is required to appear on the package.

(2) If the applicable law requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.

(3) There shall not be included as part of the declaration required under this section such qualifying terms as when packed, minimum, not less than or any other terms of similar import, nor any term qualifying a unit of weight, measure or count such as jumbo, giant or full that tends to exaggerate the amount of commodity in the package. [1973 c.293 25]

618.230 [Repealed by 1973 c.293 55]

618.231 Weight defined; construction of term in sales transactions. The word weight when referring to the quantity of any commodity means net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed. [1973 c.293 26]

618.236 Price misrepresentation prohibited; expressing fractional prices. (1) Whenever any commodity or service is sold, offered or exposed for sale, by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser.

(2) Whenever an advertised, posted or labeled price per unit of weight, measure or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of, the numerals representing the whole cents. [1973 c.293 27]

618.240 [Repealed by 1973 c.293 55]

618.241 Written invoice of certain commodity sales required; contents of writing. In the case of sales to or by retail outlets including restaurants, hospitals, boarding houses and similar institutions, sales of commodities in bulk form whose value exceeds $10 shall be accompanied by a printed or written delivery ticket or invoice bearing the following information:

(1) Name and address of the vendor and the purchaser.

(2) Date and place of the delivery.

(3) Product identity and net quantity delivered.

(4) Quantity upon which charges are based if different from the delivered quantity by reason of processing customarily performed subsequent to a sale, but prior to delivery to a purchaser. [1973 c.293 28]

618.246 Sale by weight required for certain food products; labeling requirements. (1) Except for immediate consumption on the premises where sold, or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all poultry, or parts thereof, meat, meat products, fish and seafood, sold, offered or exposed for sale as food, shall be sold, offered or exposed for sale by weight.

(2) If meat, poultry, fish or seafood is combined with or associated with some other food element to form either a distinctive food product or a food combination, such food product or combination shall be sold, offered or exposed for sale by weight. The quantity representation may be the total weight of the food product or combination and a quantity representation need not be made for each of the several elements of the food product or combination.

(3) In the case of ready-to-cook whole-carcass stuffed poultry, ready-to-cook stuffed poultry roasts, rolls, bars and logs, and ready-to-cook stuffed poultry products designated by terms of similar import, the label must show the total net weight and, in close proximity, the net weight of the poultry exclusive of stuffing ingredients. [1973 c.293 29]

618.250 [Repealed by 1973 c.293 55]

618.260 [Repealed by 1973 c.293 55]

618.270 [Repealed by 1973 c.293 55]

RAILROAD TRACK SCALE REGULATION

618.275 Testing and inspection of scales; use without seal prohibited; sealing device; tests and inspection of cars; interstate cooperation. (1) All railroad track scales within this state used to weigh cars, commodities or freight offered for shipment shall be under the jurisdiction of the Director of Agriculture and subject to inspection by the State Department of Agriculture. The department may also test other track scales.

(2) The department shall, from time to time, test and inspect all such scales. No track scale shall be used in determining weights for the purpose of determining freight charges without first obtaining a seal from the department approving such use.

(3) The department shall approve a suitable sealing device, and cause all track scales inspected under this section to be officially sealed with such device, when such scales are found, or made to be in compliance with the department s rules.

(4) The department may procure or otherwise secure the use of the car, apparatus or facilities used for tests and inspections as the department may require for the purposes of this section. Such car, apparatus or facilities may be used jointly with another state or states to test track scales and for that purpose may be taken beyond the limits of the state under such terms and conditions agreed upon with such other states. The car and apparatus needed to test track scales shall be transported free by every railroad in this state. [1989 c.405 2]

618.280 [Repealed by 1973 c.293 55]

618.290 [Repealed by 1971 c.743 432]

618.300 [Repealed by 1973 c.293 55]

618.301 [1973 c.293 38; repealed by 1977 c.132 9 and 1977 c.842 23]

618.306 [1973 c.293 39; repealed by 1977 c.132 9 and 1977 c.842 23]

618.310 [Repealed by 1973 c.293 55]

618.311 [1973 c.293 40; 1975 c.304 3; repealed by 1977 c.132 9 and 1977 c.842 23]

618.316 [1973 c.293 46; repealed by 1977 c.132 9 and 1977 c.842 23]

618.320 [Repealed by 1973 c.293 55]

618.321 [1973 c.293 47; repealed by 1977 c.132 9 and 1977 c.842 23]

618.326 [1973 c.293 49; repealed by 1977 c.132 9 and 1977 c.842 23]

618.330 [Repealed by 1973 c.293 55]

618.331 [1973 c.293 41; repealed by 1977 c.132 9 and 1977 c.842 23]

618.336 [1973 c.293 42; repealed by 1977 c.132 9 and 1977 c.842 23]

618.340 [Amended by 1953 c.373 8; repealed by 1973 c.293 55]

618.341 [1973 c.293 43; repealed by 1977 c.132 9 and 1977 c.842 23]

618.346 [1973 c.293 44; repealed by 1977 c.132 9 and 1977 c.842 23]

618.351 [1973 c.293 45; repealed by 1977 c.132 9 and 1977 c.842 23]

618.356 [1973 c.293 48; repealed by 1977 c.132 9 and 1977 c.842 23]

618.401 [1973 c.374 4; repealed by 2005 c.22 433]

LICENSING LAW ENFORCEMENT

618.406 Definitions; citations for certain violations; delegation of authority; service of citations; recording. (1) As used in this section:

(a) Deputy state sealer means the person appointed by the Director of Agriculture to supervise the weights and measures section.

(b) Inspector means a state employee designated by the director as a supervisor or inspector of weights and measures.

(2) In enforcing violations subject to penalty under ORS 618.991, the director has authority to issue and serve citations to any person violating such laws.

(3) The director may delegate the powers referred to in subsection (2) of this section to the deputy state sealer and to inspectors. The deputy state sealer and inspectors with authority to serve citations under this section shall issue those citations in the manner provided by ORS chapter 153.

(4) Upon issuance of a citation for a violation subject to penalty under ORS 618.991, the deputy state sealer or inspector issuing the citation shall retain a record copy for the State Department of Agriculture. [1973 c.374 5; 1999 c.1051 109; 2005 c.22 434]

618.410 [Repealed by 1973 c.293 55]

618.411 [1973 c.374 7; 1985 c.725 13; repealed by 1999 c.1051 111]

618.416 [1973 c.374 8; 1985 c.725 14; repealed by 1999 c.1051 111]

618.420 [Repealed by 1973 c.293 55]

618.421 [1973 c.374 9; 1979 c.477 15; repealed by 1999 c.1051 111]

618.426 [1973 c.374 10; repealed by 1999 c.1051 111]

618.430 [Repealed by 1973 c.293 55]

618.431 [1973 c.374 11; repealed by 1999 c.1051 111]

618.436 [1973 c.374 12; repealed by 1999 c.1051 111]

618.441 [1973 c.374 13; repealed by 1999 c.1051 111]

618.446 [1973 c.374 14; repealed by 1999 c.1051 111]

618.451 [1973 c.374 15; repealed by 1999 c.1051 111]

618.456 [1973 c.374 16; repealed by 1999 c.1051 111]

618.460 [Repealed by 1973 c.293 55]

618.461 [1973 c.374 17; 1987 c.905 28; repealed by 1999 c.1051 111]

618.466 [1973 c.374 18; repealed by 1999 c.1051 111]

618.470 [Repealed by 1973 c.293 55]

618.480 [Repealed by 1973 c.293 55]

618.490 [Repealed by 1973 c.293 55]

618.500 [Repealed by 1973 c.293 55]

SECURITY SEAL ENFORCEMENT

618.501 Definitions. As used in ORS 618.501 to 618.551 and 618.995, unless the context requires otherwise:

(1) Appropriate court means the circuit court of a county:

(a) Where one or more of the defendants reside;

(b) Where one or more of the defendants maintain a principal place of business;

(c) Where one or more of the defendants are alleged to have committed a security seal violation; or

(d) With the defendant s consent, where the prosecuting officer maintains an office.

(2) Prosecuting attorney means the Attorney General or the district attorney of any county in which a security seal violation is alleged to have been committed.

(3) 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.

(4) Security seal violation means the use, in violation of this chapter or any rule promulgated pursuant thereto, of any liquid or gaseous metering instrument or device to which a security seal is required to be affixed, when the security seal has been broken or removed.

(5) A willful violation occurs when the person committing the violation knew or should have known that the conduct of the person was a violation. [1973 c.294 2; 2003 c.14 370; 2005 c.22 435]

618.506 Enjoining security seal violations; notice to defendant; voluntary compliance; temporary order; attorney fees and costs. (1) A prosecuting attorney who has probable cause to believe that a person is committing or has committed a security seal violation may bring suit in the name of the State of Oregon in the appropriate court to restrain such person from committing the alleged violation.

(2) Before filing a suit under subsection (1) of this section, the prosecuting attorney shall in writing notify the person charged of the alleged security seal violation and the relief to be sought. Such notice shall be served in the manner set forth in ORS 618.526 for the service of investigative demands. The person charged thereupon shall have 10 days within which to execute and deliver to the prosecuting attorney an assurance of voluntary compliance. Such assurance shall set forth what actions, if any, the person charged intends to take with respect to the alleged violation. The assurance of voluntary compliance shall not be considered an admission of a violation for any purpose. If the prosecuting attorney is satisfied with the assurance of voluntary compliance, it may be submitted to an appropriate court for approval and if approved shall thereafter be filed with the clerk of the court. Violation of an assurance of voluntary compliance which has been approved by and filed with the court constitutes a contempt of court. The notice of the prosecuting attorney under this subsection is not a public record until the expiration of 10 days from the service of the notice.

(3) Notwithstanding subsection (2) of this section, if the prosecuting attorney alleges that the prosecuting attorney has reason to believe that the delay caused by complying with the provisions of subsection (2) of this section would cause immediate harm to the public health, safety or welfare, the prosecuting attorney may immediately institute a suit under subsection (1) of this section.

(4) A temporary restraining order may be granted without prior notice to the person if the court finds there is a threat of immediate harm to the public health, safety or welfare. Such a temporary restraining order shall expire by its terms within such time after entry, not to exceed 10 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the person restrained consents that it may be extended for a longer period.

(5) The court may award reasonable attorney fees at trial and on appeal to the prevailing party in a suit brought under this section. If the defendant prevails in such a suit and the court finds that the defendant had in good faith submitted to the prosecuting attorney a satisfactory assurance of voluntary compliance prior to the institution of the suit or that the prosecuting attorney, in a suit brought under subsection (3) of this section, did not have reasonable grounds to proceed under that subsection, the court shall award reasonable attorney fees at trial and on appeal to the defendant. If the state prevails, the reasonable expenses of investigation, preparation and prosecution shall be taxed against the defendant, upon application of the prosecuting attorney, in the same manner as costs are taxed and shall be in addition thereto. [1973 c.294 3; 1981 c.897 70]

618.510 [Repealed by 1973 c.293 55]

618.511 Remedial power of court. The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of a security seal violation, or as may be necessary to insure cessation of such violations, pursuant to ORS 618.506. [1973 c.294 4]

618.516 Civil action by private party; damages; attorney fees and costs; effect of court action; time for commencing action. (1) Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of a willful security seal violation may bring an individual action in an appropriate court to recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide such equitable relief as it considers necessary or proper.

(2) Upon commencement of any action brought under subsection (1) of this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment in the action, shall mail a copy of such judgment to the Attorney General.

(3) In any action brought by a person under this section, the court may award to the prevailing party reasonable attorney fees at trial and on appeal and costs.

(4) Any permanent injunction or judgment or order of the court made under ORS 618.506 or 618.511 is prima facie evidence, in an action brought under this section, that the respondent committed a security seal violation, but an assurance of voluntary compliance, whether or not approved by the court, shall not be evidence of such violation.

(5) Actions brought under this section shall be commenced within one year from the discovery of the security seal violation. However, whenever any complaint is filed by a prosecuting attorney to prevent, restrain or punish security seal violations, the running of the statute of limitations with respect to every private right of action under this section and based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency thereof. [1973 c.294 5; 1981 c.897 71; 1995 c.618 91; 2003 c.576 526]

618.520 [Repealed by 1973 c.293 55]

618.521 Investigative demand; petition to modify. (1) When it appears to the prosecuting attorney that a person has committed or is committing a security seal violation, the attorney may execute in writing and cause to be served an investigative demand upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged violation. The investigative demand shall require such person, under oath or otherwise, to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand or to do any of the foregoing, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce which is the subject matter of the investigation.

(2) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause including privileged material, may be filed in the appropriate court. [1973 c.294 6]

618.526 Method of serving investigative demand. Service of an investigative demand under ORS 618.521 shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made in the following manner:

(1) By personal service outside this state;

(2) By registered or certified mail to the last-known place of business, residence or abode within or outside this state of the person for whom the investigative demand is intended;

(3) In the manner provided for service of summons in an action or suit; or

(4) In accordance with the direction of a court. [1973 c.294 7; 2015 c.83 2]

618.530 [Repealed by 1973 c.293 55]

618.531 Effect of failure to obey investigative demand. (1) If any person after being served with an investigative demand under ORS 618.526, fails to obey an investigative demand issued by the prosecuting attorney, the prosecuting attorney may, after notice, apply to an appropriate court and, after hearing thereon, request an order:

(a) Granting injunctive relief to restrain the person from engaging in the conduct of any activity that is involved in the alleged or suspected violation; or

(b) Granting such other relief as may be required, until the person obeys the investigative demand.

(2) Any disobedience of any final order of a court under this section shall be punished as a contempt of court. [1973 c.294 8]

618.536 [1973 c.294 9; renumbered 618.995 in 2001]

618.540 [Repealed by 1973 c.293 55]

618.541 Loss of license for operation in violation of injunction. Upon petition by the prosecuting attorney, the court may, in its discretion, order suspension or forfeiture of the license for any liquid or gaseous metering instrument or device operated in violation of the terms of any injunction issued under ORS 618.506. [1973 c.294 10]

618.546 Reports by district attorney to Attorney General; filing of voluntary compliances. A district attorney shall make a full report to the Attorney General of any action, suit, or proceeding prosecuted by such district attorney under ORS 618.506 to 618.541 and 618.995, including the final disposition of the matter, and shall file with the Attorney General copies of all assurances of voluntary compliance accepted under ORS 618.506. [1973 c.294 11]

618.550 [Repealed by 1973 c.293 55]

618.551 Remedies supplementary to existing statutory or common law remedies. The remedies provided in ORS 618.506 to 618.541 and 618.995 are in addition to all other remedies, civil or criminal, existing at common law or under the laws of this state. [1973 c.294 12]

618.610 [Repealed by 1973 c.293 55]

618.620 [Repealed by 1973 c.293 55]

618.630 [Amended by 1955 c.97 1; repealed by 1973 c.293 55]

618.640 [Repealed by 1973 c.293 55]

618.710 [Amended by 1953 c.373 8; repealed by 1973 c.293 55]

618.720 [Amended by 1953 c.373 8; repealed by 1973 c.293 55]

618.730 [Amended by 1953 c.373 8; 1961 c.643 2; 1967 c.122 1; 1969 c.88 1; repealed by 1973 c.293 55]

618.732 [1967 c.122 3; repealed by 1973 c.293 55]

618.735 [1961 c.643 5; 1969 c.88 2; repealed by 1973 c.293 55]

618.740 [Amended by 1967 c.122 2; repealed by 1973 c.293 55]

618.750 [Amended by 1961 c.643 3; renumbered 618.065]

618.760 [1953 c.373 6; repealed by 1973 c.293 55]

618.770 [Repealed by 1973 c.293 55]

618.780 [Repealed by 1973 c.293 55]

618.790 [Repealed by 1973 c.293 55]

618.800 [Repealed by 1973 c.293 55]

618.810 [Repealed by 1973 c.293 55]

618.990 [Repealed by 1973 c.293 55]

PENALTIES

618.991 Penalties. (1) Violation of ORS 618.086, 618.096, 618.121 or 618.201 is a Class B misdemeanor.

(2) For the purposes of this section, each day of violation of ORS 618.086, 618.096, 618.121 or 618.201 is a separate offense and the penalties provided in subsection (1) of this section apply to each such offense. [1973 c.293 54; 2011 c.597 252]

618.995 Civil penalties. (1) Any person who willfully violates the terms of an injunction issued under ORS 618.506 shall forfeit and pay to the state a civil penalty of not more than $1,000 per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction and the cause shall be continued, and in such cases the prosecuting attorney acting in the name of the state may petition for recovery of civil penalties.

(2) Any person who by an assurance of voluntary compliance submitted under ORS 618.506 agrees not to commit a security seal violation and thereafter willfully violates such assurance shall forfeit and pay to the state a civil penalty of not more than $1,000 per violation. The prosecuting attorney may apply to an appropriate court for recovery of such civil penalty.

(3) In any suit brought under ORS 618.506, if the court finds that a person is willfully committing or has willfully committed a security seal violation, the prosecuting attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty not exceeding $500 per violation. [Formerly 618.536]

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