IPCPR Legislative | Restrictions in Oregon

Restrictions in Oregon

oregon

Smoking, Age and Sampling Restrictions in Oregon

Oregon law prohibits smoking: in public places; in places of employment, including 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, hallways, meeting rooms, elevators, stairways, and private residences used as child care or adult day care facilities; within 10 feet of entrances, exits, windows that open, and ventilation intakes that serve an enclosed area of a public place or place of employment; and in a room during the time that jurors are required to use the room.

 

Or. Rev. Stat. § 433.845: Smoking prohibited except in designated areas
Or. Rev. Stat. § 433.845: Definitions for ORS 433.835 to 433.875

 

An employer, except in those places exempted from the ban on smoking, must post signs that provide notice of the provisions of the Oregon Indoor Clean Air Act.

 

Or. Rev. Stat. § 433.850: Smoke free place of employment required; exceptions; posting signs

 

Oregon law contains no specific provisions concerning state preemption of local smoking restrictions, so local communities may pass more stringent laws or ordinances in this area.

 

Exemptions

 

The following are exempt from the ban on smoking, subject to conditions:

  • Designated hotel or motel rooms
  • Smoking of noncommercial tobacco products for ceremonial purposes in spaces designated for traditional ceremonies in accordance with the American Indian Religious Freedom Act
  • Smoke shops
    • The Oregon Health Authority will issue a Smoke Shop Certification to a business that:
      • New Smoke Shop Certification Requirements
        • Is primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, with at least 75% of the gross revenues of the business resulting from such sales
        • Prohibits persons under 18 years of age from entering the premises
        • Does not offer video lottery games, social gaming, or betting on the premises
        • Does not sell, offer, or allow on-premises consumption of food or beverages, including alcoholic beverages
        • Is a stand-alone business with no other businesses or residential property attached to the premises
        • Has a maximum seating capacity of 4 persons AND
        • Allows smoking only for the purpose of sampling tobacco products for making retail purchase decisions
      • Alternative Smoke Shop Certification Requirements for Smoke Shops Existing on December 31, 2008
        • On December 31, 2008:
          • Was primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, with at least 75% of the gross revenues of the business resulting from such sales
          • Prohibited persons under 18 years of age from entering the premises
          • Did not offer video lottery games, social gaming, or betting on the premises
          • Did not sell, offer, or allow on-premises consumption of food or beverages, including alcoholic beverages AND
          • Was a stand-alone business with no other businesses or residential property attached OR
          • Had a ventilation system that exhausted smoke from the business and was designed and terminated in accordance with the state building code standards for the occupancy classification in use
        • Grandfathered Smoke Shop Certification Requirements for Businesses that Applied Prior to June 30, 2011
          • Filed an application for certification as a smoke shop before June 30, 2011
          • Qualified as a smoke shop at the time of application
          • Was certified as a smoke shop by the authority on or before December 31, 2012 AND
          • Allows smoking of cigarettes only if at least 75% of the gross revenues of the business results from the sale of cigarettes
        • Smoke shops that existed on December 31, 2008 must renew the smoke shop certification every five years by demonstrating to the satisfaction of the authority that the smoke shop:
          • Is primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, with at least 75% of the gross revenues of the business resulting from such sales
          • Prohibits persons under 18 years of age from entering the premises
          • Does not offer video lottery games, social gaming, or betting on the premises
          • Does not sell, offer, or allow on-premises consumption of food or beverages, including alcoholic beverages AND
          • Is a stand-alone business with no other businesses or residential property attached OR
          • Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use AND
          • Allows smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes
        • Grandfathered smoke shops must renew the smoke shop certification every five years by demonstrating to the satisfaction of the authority that the smoke shop:
          • Qualifies as a smoke shop AND
          • Allows smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes
        • The owner of smoke shops that existed on December 31, 2008 or grandfathered smoke shops may transfer the certification with ownership of the smoke shop.
        • Smoke shops that existed on December 31, 2008 may continue to be certified in a new location under subsection (2)(b) of this section if:
          • The new location occupies no more than 3,500 square feet OR
          • If the old location occupied more than 3,500 square feet, the new location occupies no more than 110% of the space occupied by the old location AND
          • The smoke shop as operated in the new location:
            • Is primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, with at least 75% of the gross revenues of the business resulting from such sales
            • Prohibits persons under 18 years of age from entering the premises
            • Does not offer video lottery games, social gaming, or betting on the premises
            • Does not sell, offer, or allow on-premises consumption of food or beverages, including alcoholic beverages AND
            • Is a stand-alone business with no other businesses or residential property attached OR
            • Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use AND
            • Allows smoking of cigarettes only if at least 75% of the gross revenues of the business results from the sale of cigarettes
          • Grandfathered smoke shops may continue to be certified in a new location if:
          • Cigar bars that generated on-site retail sales of cigars of at least $5,000 for the calendar year ending December 31, 2006
            • A “cigar bar” is a business that:
              • Has on-site sales of cigars
              • Has a humidor on the premises
              • Allows the smoking of cigars on the premises but prohibits the smoking of all other tobacco products in any form including, loose tobacco, pipe tobacco, cigarettes, and cigarillos
              • Has been issued and operates under a Full On-Premises Liquor Sales License
              • Prohibits persons under 21 years of age from entering the premises and posts notice of the prohibition
              • Does not offer video lottery games
              • Has a maximum seating capacity of 40 persons
              • Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use AND
              • Requires all employees to read and sign a document that explains the dangers of exposure to secondhand smoke
            • Cigar Bar Certification Applications and Forms can be found on the Oregon Health Authority’s website at
              https://public.health.oregon.gov/PreventionWellness/TobaccoPrevention/SmokefreeWorkplaceLaw/Pages/certification.aspx#cigarbar_app_forms
          • Performers carrying a lighted smoking instrument that does not contain tobacco while performing in a scripted state, motion picture, or television production if the production is produced by an organization whose primary purpose is producing scripted productions and smoking is an integral part of the production

 

Or. Rev. Stat. § 433.850: Smoke free place of employment required; exceptions; posting signs
Or. Rev. Stat. § 433.847: Smoke shop certification; rules
Or. Rev. Stat. § 433.845: Definitions for ORS 433.835 to 433.875

Individuals under 18 years of age cannot possess, purchase, attempt to purchase, or acquire tobacco products. This prohibition does not apply when the minor is in a private residence accompanied by his or her parent or guardian and with the consent of such parent or guardian.

 

Or. Rev. Stat. § 167.400: Tobacco possession by minors prohibited
Or. Rev. Stat. § 167.401: Tobacco purchase by minors prohibited; exceptions

 

Bureau of Labor and Industries staff reported that there is no minimum age to sell tobacco products in Oregon and that the minimum age to work is 14.

 

It is illegal to knowingly distribute, sell, or cause to be sold, tobacco in any form to a person under 18 years of age.

 

Or. Rev. Stat. § 163.575(d): Endangering the welfare of a minor

 

It is illegal to fail as a retailer to post a notice in a location clearly visible to the seller and the purchaser that sale of tobacco products to persons under 18 years of age is prohibited. The notice must be substantially as follows:

 

The sale of tobacco in any form to persons under 18 years of age is prohibited by law. Any person who knowingly sells, or causes to be sold, tobacco to a person under 18 years of age commits the crime of endangering the welfare of a minor, pursuant to ORS 163.575.

 

Or. Rev. Stat. § 431.840: Free distribution to minors prohibited; restriction on sales; notice

 

Cities and counties by ordinance or resolution may not regulate vending machines that dispense tobacco products in any form and that are in any manner accessible to minors.

 

Or. Rev. Stat. § 167.404: Limitation on local regulation of tobacco vending machines

 

Oregon law contains no other specific provision concerning state preemption of local youth access laws, so local communities may pass more stringent laws or ordinances on tobacco sampling.

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/PublicHealthEducation/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Oregon, a person may not distribute free samples of smokeless tobacco products to persons under 21 years of age or in any area, unless access by persons under 21 years of age to that area is prohibited.

 

Or. Rev. Stat. § 180.486(d): Prohibited conduct; penalty

 

It is illegal 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.

 

Or. Rev. Stat. § 431.840(a): Free distribution to minors prohibited; restriction on sales; notice

 

Distribution of tobacco product samples is subject to tax and licensing requirements, as the term “sale” includes a gift by a person engaged in the business of selling tobacco products, for advertising, as a means of evading the provisions of the Tobacco Products Tax, or for any other purpose.

 

Or. Rev. Stat. § 323.500(12)

 

Cities and counties by ordinance or resolution may not regulate vending machines that dispense tobacco products in any form and that are in any manner accessible to minors.

 

Or. Rev. Stat. § 167.404: Limitation on local regulation of tobacco vending machines

 

Oregon law contains no other specific provision concerning state preemption of sampling, so local communities may pass more stringent laws or ordinances on tobacco sampling.

CONTACT IPCPR LEGISLATIVE
Questions? Comments? Interested in Getting Involved? Contact the IPCPR Legislative Team!
CONTACT US
Thank You. We will contact you as soon as possible.