Or. Admin. R. 333-015-0257

Current through Register Vol. 63, No. 8, August 1, 2024

Section 333-015-0257 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Violations

(1) Violations for a retailer include the following acts or omissions by the retailer or their designee:

(a) Selling or allowing to be sold tobacco products or inhalant delivery systems to a person under 21 years of age in violation of ORS 431A.175(2)(a) or 21 USC 387f(d)(5). A violation of this subsection occurs regardless of whether the retailer or their designee knows the buyer was under the age of 21;

(b) Failing to post a notice substantially similar to the following notice: The sale of tobacco products and inhalant delivery systems to persons under 21 years of age is prohibited by law. Any person who sells, or allows to be sold, a tobacco product or inhalant delivery system to a person under 21 years of age is in violation of Oregon law. Such notice shall be posted in a location that is clearly visible to the seller and the purchaser;

(c) Selling, distributing, or allowing to be sold an inhalant delivery system that does not comply with a labeling requirement in OAR 333-015-0310 to 333-015-0320;

(d) Selling, distributing, or allowing to be sold an inhalant delivery system that does not comply with packaging requirements in OAR 333-015-0340 to 333-015-0360 to be child-resistant and not attractive to minors;

(e) Selling, distributing, or allowing to be sold cigarettes in any form other than a sealed package that contains at least 20 cigarettes;

(f) Locating tobacco products or inhalant delivery systems where they are accessible by store customers without assistance by a store employee, unless persons under 21 years of age are prohibited from entering the premises. Vending machines selling cigarettes, smokeless tobacco or inhalant delivery systems, whether or not they are only accessible to individuals over the age of 21, are prohibited;

(g) Selling or dispensing cigarettes, smokeless tobacco or inhalant delivery systems from a vending machine, per ORS 180.441(2), regardless of whether persons under 21 years of age are prohibited from entering the premises;

(h) Selling or distributing any quantity of smokeless tobacco or cigarette tobacco that is smaller than the smallest package distributed by the manufacturer for individual consumer use;

(i) Selling flavored cigarettes, other than menthol;

(j) Offering, or causing to offer, gifts with a cigarette or smokeless tobacco purchase;

(k) Distributing free samples of tobacco products or inhalant delivery systems, except smokeless tobacco may be distributed in an area where persons under the age of 21 are prohibited, as described in ORS 180.486;

(l) Selling "light", "low" or "mild" cigarettes;

(m) Selling misbranded or adulterated tobacco products or inhalant delivery systems;

(n) Failing to display a tobacco retail license;

(o) Operating without a license;

(p) Failing to cooperate with an inspection, which includes, but is not limited to, refusing access to the premises, interference, a threat, or harassment that delays, impairs or obstructs the Oregon Health Authority (Authority) or the local public health authority (LPHA) from carrying out its inspection or other duties under these rules;

(q) Failing to comply with the requirement of OAR 333-015-0237 before selling or allowing to be sold a tobacco product or inhalant delivery system to a person;

(r) Any other violation of state law or rule or federal law or regulation that governs the wholesale or retail sale of tobacco products or inhalant delivery systems for purposes related to public health and safety.

(2) Each product not in compliance with OAR 333-015-0340 to 333-015-0360 or sold in violation of these rules may be considered a separate violation. For example, if 10 liquid nicotine containers are sold without child-resistant packaging that may be considered a total of 10 violations.

Or. Admin. R. 333-015-0257

PH 16-2022, adopt filed 02/10/2022, effective 2/10/2022; PH 48-2023, amend filed 10/09/2023, effective 10/9/2023

Statutory/Other Authority: ORS 431A.218, ORS 167.755, ORS 167.765, ORS 167.780, ORS 431A.175, ORS 431A.178, ORS 431A.183, ORS 180.486 & ORS 413.042

Statutes/Other Implemented: ORS 167.755, ORS 167.765, ORS 167.780, ORS 431A.175, ORS 431A.178, ORS 431A.183, ORS 180.486, ORS 431A.190-431A.220, ORS 431.110 & ORS 431.141-431.144