Oregon

Public Places

No person shall smoke in a public place or place of employment, including restaurants and bars. “Public place” means any enclosed indoor area open to the public. Smoking is also prohibited within 10 feet of entrances, exits, windows that open and ventilation intakes to public places and places of employment. The following areas are not subject to these restrictions: 1) up to 25 percent of hotel/motel rooms, 2) smoking of noncommercial tobacco products for ceremonial purposes in spaces designated for traditional ceremonies, 3) smoke shops as defined and 4) cigar bars as specified and defined.

OR. REV. STAT. §§ 433.835 to 433.990 (2009).

The use of lighted tobacco in any form in vehicles engaged in transporting passengers in regularly scheduled service is prohibited.

OR. ADMIN. RULE, CHAP. 860, DIV. 65, Public Utility Commission (2001).

Government Buildings

Smoking is prohibited in all places of employment, including all places of public employment. “Place of employment” means every enclosed area under the control of a public or private employer that employees frequent during the course of employment, including but not limited to work areas, employee lounges, vehicles that are operated in the course of an employer’s business that are not operated exclusively by one employee, rest rooms, conference rooms, classrooms, cafeterias, and hallways, meeting rooms, elevators and stairways.

OR. REV. STAT. §§ 433.835 to 433.990 (2009).

Private Workplaces

Smoking is prohibited in all places of employment. “Place of employment” means every enclosed area under the control of a public or private employer that employees frequent during the course of employment, including but not limited to work areas, employee lounges, vehicles that are operated in the course of an employer’s business that are not operated exclusively by one employee, rest rooms, conference rooms, classrooms, cafeterias, and hallways, meeting rooms, elevators and stairways.

OR. REV. STAT. §§ 433.835 to 433.990 (2009).

Schools

No student, staff member, or school visitor is permitted to smoke, inhale, dip, or chew or sell tobacco at any time, including non-school hours, in any building, facility, or vehicle owned, leased, rented, or chartered by the school district, school, or public charter school; or on school grounds, athletic grounds or parking lots.

OR ADMIN. RULES 581-021-0110 (2006).

To the extent not covered by the restrictions above, smoking is prohibited in all public places, including educational facilities.

OR. REV. STAT. §§ 433.835 to 433.990 (2009).

Child Care Centers

Smoking is prohibited in all public places and places of employment, including child care facilities. Home-based child care and adult day care facilities are specifically included in the definition of place of employment.

OR. REV. STAT. §§ 433.835 to 433.990 (2009).

Children in the custody of the State Office for Services to Children and Families (SOSCF) shall not be exposed to second hand smoke in the foster parent/relative caregiver’s home or vehicle.

OR ADMIN. RULES § 413-200-0346(3)(b) (2001).

Health Facilities

The administrator or person in charge of a hospital may not permit a person to smoke tobacco in the hospital; or within 10 feet of a doorway, open window or ventilation intake of the hospital. The Director of Human Services may impose a civil penalty of not more than $500 per day on a person for violation of this section. Civil penalties imposed against a person under this subsection may not exceed $2,000 in any 30-day period.

OR. REV. STAT. § 441.815 (2009).

To the extent not covered by the restrictions above, smoking is prohibited in all public places and places of employment, including all other health care facilities.

OR. REV. STAT. §§ 433.835 to 433.990 (2009).

Restaurants

Restaurants: Smoking is prohibited in all public places and places of employment, including restaurants.

OR. REV. STAT. §§ 433.835 to 433.990 (2009).

Bars/Taverns: Smoking is prohibited in all public places and places of employment, including bars/taverns. Smoking is allowed in cigar bars as defined, and as long as they generated on-site retail sales of cigars of at least $5,000 for the calendar year ending December 31, 2006.

OR. REV. STAT. §§ 433.835 to 433.990 (2009).

Penalties/Enforcement

An employer shall post signs notifying people of the above provisions. The Department of Human Services is responsible for adopting and implementing rules; and enforcing compliance with these rules. Violation of the above provisions and sign-posting requirements is a Class A violation punishable by a fine totaling no more than $500 per day, not to exceed $2,000 within a 30-day period.

OR. REV. STAT. §§ 433.835 to 433.990 (2009).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: $1.18

Date last changed: January 1, 2004 — from $1.28 to $1.18

Year first enacted: 1966

OR. REV. STAT. §§ 323.030 & 323.031 (2004).

The revenue from 58 cents of the cigarette tax is first deposited into a suspense account in the state Treasury, and used to reimburse state Department of Revenue, state Police, and state Department of Justice for administration and enforcement of the tax. After the payment of administrative and enforcement expenses, 89.65 percent shall be credited to the General Fund, 3.45 percent is appropriated to the cities of this state, 3.45 percent is appropriated to the counties of this state and 3.45 percent is continuously appropriated to the Department of Transportation for the purpose of financing and improving transportation services for elderly and disabled individuals. Of the money going to the General Fund, 51.92 percent is dedicated to medical assistance under the Oregon Health Plan and 5.77 percent is credited to the Tobacco Use Reduction Account.

OR. REV. STAT. § 323.455 (2003).

The revenue from the other 60 cents of the cigarette tax is first deposited into a suspense account in the state Treasury, and used to reimburse the state Department of Revenue, state Police, and the state Department of Justice for administration and enforcement of the tax. After the payment of administrative and enforcement expenses, 97.9 percent is distributed to the Oregon Health Plan Fund, 0.467 percent is appropriated to the Department of Administrative Services for the cities of this state, 0.467 percent is appropriated to the Department of Administrative Services for the counties of this state, 0.467 is appropriated to the Department of Transportation to be transferred to the Elderly and Disabled Special Transportation Fund, and 0.7 percent is credited to the Tobacco Use Reduction Fund.

OR. REV. STAT. § 323.457 (2003).

Other Tobacco Products

Cigars: 65% of the wholesale sales price of cigars, but not to exceed 50 cents per cigar;

All other tobacco products: 65% of the wholesale sales price

OR. REV. STAT. § 323.505 (2003).

The revenue from the taxes on other tobacco products is first deposited into a suspense account in the state Treasury, and used to reimburse state Department of Revenue, state Police, and state Department of Justice for administration and enforcement of the tax. Remaining revenue is then credited to the General Fund where 41.54 percent is used for medical assistance under the Oregon Health Plan and 4.62 percent is credited to the Tobacco Use Reduction Account.

OR. REV. STAT. § 323.625 (2003).

Revenue Collected

$240,164,000

Youth Access

Compliance/Enforcement

The Department of Human Resources shall coordinate with law enforcement agencies to conduct random, unannounced inspections of tobacco retailers and wholesalers to ensure compliance with laws designed to discourage the use of tobacco by minors. The department shall adopt rules concerning these inspections providing that inspection may only take place in areas open to the public and during the hours that tobacco products are sold or distributed, and shall not be more frequent than once a month in any single establishment unless a compliance problem exists or is suspected. A minor acting under the supervision of an adult may purchase, attempt to purchase or acquire tobacco products for the purpose of testing compliance with a federal law, state statute, local law or retailer management policy limiting or regulating the delivery of tobacco products to minors.

OR. REV. STAT. ANN. §§ 167.401 (1999) & 431.853 (1993).

Penalties for Sales to Minors

A person commits the crime of endangering the welfare of a minor if the person knowingly distributes, sells, or causes to be sold any tobacco product or device for the use of tobacco to a person less than 18 years of age. A violation is a Class A violation punishable by a fine of not less than $100.

OR. REV. STAT. ANN. § 163.575 (1991).

Penalties to Minors

No person under 18 years of age shall purchase, attempt to purchase or acquire tobacco products. Except when such minor is in a private residence accompanied by the parent or guardian of the minor and with the consent of such parent or guardian, no person under 18 years of age shall have personal possession of tobacco products. Any person who violates this is guilty of a violation. For the first offense, in lieu of any other penalty, the person may be ordered to participate in a tobacco education program or a tobacco use cessation program or to perform community service related to diseases associated with the consumption of tobacco products. A person may be ordered to participate in such a program only once. For a second violation, in addition to any other penalty, a person who is convicted through misrepresentation of age may be required to participate in a tobacco education or a tobacco use cessation program or to perform community service related to diseases associated with the consumption of tobacco products, and the court shall order that the person’s driving privileges and right to apply for driving privileges be suspended for a period not to exceed one year. This does not apply to minors involved in efforts to test compliance.

OR. REV. STAT. ANN. § 167.401 (1999).

It is unlawful for any person under the age of 18 to possess tobacco products. Any person who violates this law is guilty of a Class D violation.

OR. REV. STAT. ANN. § 167.400 (1999).

Placement of Tobacco Products

A person having authority over the location of cigarettes and other tobacco products in a retail store may not locate cigarettes or other tobacco products in a location in the store where the cigarettes or other tobacco products are accessible by store customers without assistance by a store employee. This does not apply if the location at which the cigarettes or tobacco products are sold is a store or other establishment at which persons under 18 years of age are prohibited. Violation is a Class B violation. Each day of violation constitutes a separate offense.

OR. REV. STAT. ANN. § 167.407 (2005).

Sign Posting

Notice shall be posted in a location clearly visible to the seller and purchaser that the sale of tobacco products to persons under 18 years of age is prohibited. Violation constitutes a civil penalty of between $100 and $500.

OR. REV. STAT. ANN. §§ 431.840 (2001) & 431.845 (1991).

Bidis

The definition of “tobacco products” includes bidis making it unlawful to knowingly distribute, sell or cause to be sold bidis to a person less than 18 years of age. Violation is a Class A violation punishable by a fine of $100.

OR. REV. STAT. ANN. § 431.840 (2001).

Other Provisions

Internet Sales: Prior to the first delivery of tobacco to a consumer relating to a delivery sale purchase order the person shall comply with specific age-verification requirements, including obtaining a certification from the prospective consumer and verifying the information against a commercially available database of government collected information and a photocopy of a government-issued identification; the requirement to get a cigarette or tobacco products distributor’s license; specific disclosure requirements; specific shipping requirements, including use of a delivery service that requires a signature from the consumer or another adult of legal purchasing age upon delivery and proof, in the form of a government-issued identification; and specific reporting requirements. A first violation is subject to a fine of $1,000 or five times the retail value of the tobacco involved, whichever is greater. A second violation is a $5,000 fine or five times the retail value of the tobacco involved, whichever is greater. Knowingly violating this law or knowingly submitting a false certification under the name of another person is subject to a $10,000 fine or five times the retail value of the tobacco involved, whichever is greater, or may be imprisoned for up to five years.

OR. REV. STAT. §§ 323.700 to 323.730 (2003).

Note: Some parts of this law may be affected by the U.S. Supreme Court decision in Rowe v. New Hampshire Motor Transport Association, decided February 20, 2008.

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

It is unlawful to distribute free tobacco products to persons under 18 years of age as part of a marketing strategy to encourage the use of tobacco products. Violation constitutes a civil penalty of between $100 and $500.

OR. REV. STAT. §§ 431.840 (2001) & 431.845 (1991).

Single Cigarettes

It is unlawful to sell cigarettes in any form other than a sealed package. Violation constitutes a civil penalty of between $100 and $500.

OR. REV. STAT. §§ 431.840 (2001) & 431.845 (1991).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Vending machines are prohibited in areas legally accessible to minors, except for taverns, industrial plants and hotels and motels. Cities and counties by ordinance or resolution shall not regulate vending machines that dispense tobacco products in any form and that are in any manner accessible to minors.

OR. REV. STAT. §§ 167.402 (1999) & 167.404 (1991).

Penalty

Violation is punishable by a fine up to $250 for each day the violation exists. Cities and counties by ordinance or resolution shall not regulate vending machines that dispense tobacco products in any form and that are in any manner accessible to minors.

OR. REV. STAT. §§ 167.402 (1999) & 167.404 (1991).

Licensing Requirements

Requirements

Wholesalers and distributors must obtain a license to sell cigarettes from the Department of Revenue. A separate license is required for each place of business.

OR. REV. STAT. §§ 323.105 & 323.107 (2003).

Fee

No fee for distributors; no fee specified for wholesalers.

OR. REV. STAT. §§ 323.105 & 323.107 (2003).

Smoker Protection Laws

It is an unlawful employment practice for any employer to require, as a condition of employment, that any employee or prospective employee refrain from using lawful tobacco products during non-working hours, except when the restriction relates to a bona fide occupational requirement. This section does not apply if an applicable collective bargaining agreement prohibits off-duty use of tobacco products. A civil action may be filed in circuit court for a violation.

OR. REV. STAT. §§ 659A.315 & 659A.885 (2005).

Tobacco Liability

Industry Protection

In any civil action, against a tobacco product manufacturer, or against an affiliate or successor of a tobacco product manufacturer subject to the requirements of the Master Settlement Agreement, the supersedeas undertaking required as a condition of a stay of judgment throughout all appeals or discretionary appellate review, shall be established in the manner provided by the laws and court rules of this state applicable to supersedeas undertakings, but the amount of the supersedeas undertaking may not exceed $150 million. If at any time after the posting of the supersedeas undertaking the court determines that a tobacco product manufacturer, affiliate or successor, outside of the ordinary course of its business, is purposely dissipating or diverting assets for the purpose of avoiding payment on final judgment in the action, the court may condition continuance of the stay on an order requiring that the tobacco product manufacturer, affiliate or successor post a supersedeas undertaking in an amount up to the full amount of the judgment.

OR. REV. STAT. § 19.312 (2003).

Tobacco Settlement

Tobacco Control Appropriationst

Oregon appropriated $7,900,000 for tobacco prevention and cessation programs in FY2009 (July 1, 2008 to June 30, 2009) from a portion of the state tobacco tax revenue. The same amount was appropriated in FY2008. This is the second year of the FY2008-FY2009 biennium.

FY2008-FY2009 Department of Human Services Biennial Budget (H.B. 5031) enacted and effective 7/3/07 (FY2008) & 7/1/08 (FY2009).

The Tobacco Settlement Funds Account is established as an account in the General Fund. Except as specified otherwise, the account shall consist of all moneys received from the Master Settlement Agreement (MSA). On July 1 of each odd-numbered year, an amount requested by the state Department of Justice to enforce certain laws is transferred to a Tobacco Enforcement Fund. All other moneys in the account are appropriated as directed by the legislature.

OR. REV. STAT. § 293.537 (2003).

The Health Care Trust Fund was established in the state Treasury. The trust fund shall consist of moneys from the MSA as directed by the legislature. Earnings on the trust fund are appropriated to the Department of Administrative Services to be used only for the purpose of financing health programs.

OR. REV. STAT. § 293.540 (2001).

Non-Monetary Provisions

The Tobacco Use Reduction Account was established in the General Fund. Amounts credited to the account are continuously appropriated to the Department of Human Services for the funding of prevention and education programs designed to reduce cigarette and tobacco use. The department shall develop and adopt rules for awarding grants to programs for educating the public on the risk of tobacco use, including, but not limited to, educating children on the health hazards and consequences of tobacco use, and promoting enrollment in smoking cessation programs and programs that prevent smoking-related diseases including cancer and other diseases of the heart, lungs and mouth.

OR. REV. STAT. §§ 431.832 & 431.834 (1997).

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