Oregon Statutes 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:
Terms Used In Oregon Statutes 618.211
- Commodity: means any merchandise, product or substance produced or distributed for sale to, or use by, others. See Oregon Statutes 618.010
- Department: means the State Department of Agriculture. See Oregon Statutes 618.010
- Intrastate commerce: means any and all commerce or trade begun, carried on and completed wholly within the limits of this state. See Oregon Statutes 618.010
- Introduced into intrastate commerce: means the time and place at which the first sale and delivery of a commodity is made within this state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser. See Oregon Statutes 618.010
(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]