Oregon § 618.070 - [Repealed by 1973 c.293 55]

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 [Repealed by 1973 c.293 55]

618.070 [Repealed by 1973 c.293 55]

618.071 Inspection and investigation authority of department; written notices for minor violations. When necessary for the enforcement of ORS 618.010 to 618.246, or rules promulgated pursuant thereto, the State Department of Agriculture is:

(1) Authorized to enter during normal business hours any premises, including buildings or mobile facilities, where commercial transactions are conducted, commodities are located, or weights and measures are employed. If such premises are not open to the public, a department representative shall first present the credentials of the representative and obtain consent before making entry thereto. If such entry is denied, the department may apply for a search warrant from any person authorized to issue search warrants.

(2) Empowered to stop any commercial vehicle and, after presentment of credentials, require the person in charge to move the vehicle to a designated place for inspection on probable cause that a violation of ORS 618.010 to 618.246 has occurred or is occurring.

(3) Authorized, in the public interest, to issue written notices or warnings to violators for minor infractions of ORS 618.010 to 618.246 in lieu of referring the matter to the district attorney. [1973 c.293 13; 1999 c.59 183; 2005 c.22 421]

618.076 Approving use of weights and measures; use of certain terms describing condition of equipment; seizure and destruction of nonconforming equipment. (1) The State Department of Agriculture shall approve for use such weights and measures as it finds upon inspection and test to be correct, as provided in ORS 618.051, and shall reject such weights and measures as it finds upon inspection or test to be incorrect, as provided in ORS 618.051, but which in its best judgment are susceptible of satisfactory repair.

(2) In carrying out this section and pursuant to ORS 618.031, the department may use such terms as rejected, illegal, incorrect, condemned, correct, tested, approved, certified or terms of similar import on marks or tags or certificates necessary to convey to all interested parties the condition or status of the device or apparatus so marked or tagged.

(3) In accordance with ORS 561.605 to 561.630, the department may condemn, seize and destroy incorrect weights and measures that are not susceptible of satisfactory repair. Similarly, weights and measures that have been rejected may also be seized, confiscated and destroyed by the department if such are not corrected as required by ORS 618.081, or if such weights and measures are used or disposed of contrary to the requirements of ORS 618.081. [1973 c.293 12]