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Tobacco Laws and Legislation

Tobacco Prevention Laws and Policies


By selecting any of these links, you will be leaving the Public Health Division Web site.

Instructions for Navigating the ORS/OARs

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Oregon State Laws and Administrative Rules

  • Board of Cosmetology
    OAR 817-010-0009 sets out the rules establishing compliance with the Clean Indoor Air Act for cosmetology establishments.
  • Certified Child Care Centers
    OAR 414-300-0030 (6) sets out the prohibitions on smoking in Certified Child Care Centers.
  • Certified Group Child Care Homes
    OAR 414-350-0050 (3) sets out the prohibitions on smoking in Certified Group Child Care Homes.
  • Cessation Service Coverage for Native Americans
    OAR 410-146-0140 sets out the tobacco cessation services that will be covered for American Indian and Alaska Native Health Care Facilities, including what will be covered in basic tobacco cessation treatment, how services will be documented in the client's chart, and how to code services provided.
  • Cigarette Taxes (multiple sections)
    ORS 323.005 through 323.995 states the law regarding cigarette and tobacco products tax. ORS 323.030 gives the tax rate imposed on distributors for cigarettes. ORS 323.030 Sec. 3 (3) describes an additional cigarette tax and the distribution of that tax revenue. ORS 323.455 states the law regarding distribution of cigarette tax revenue from ORS 323.030 (1).
  • Electrology: Practice Standards
    OAR 331-535-0070 sets out the rules establishing compliance with the Clean Indoor Air Act for Electrolysis establishments.
  • Employer Prohibition on Use of Tobacco in Nonworking Hours  ORS 659A.315 states the law restricting an employer's right to prohibit use of lawful tobacco products during non-working hours.
  • Enforcement Fund
    ORS 293.537 establishes the Tobacco Settlement Funds Account as an account in the General Fund. ORS 180.205 establishes the Tobacco Enforcement Fund.
  • Family Child Care Centers
    OAR 414-205-0100(a) prohibits use of tobacco in the home or in transportation vehicles of during business hours in Family Child Care Centers.
  • Funding of Cessation Programs
    ORS 431.831 was passed in the 1999 legislative session (also known as HB 3204). Legislation would use Master Settlement Agreement funds to pay for certain cessation programs. Administrative Rules to administer this program must be approved.
  • Local Board of Health
    ORS 431.405-605 set forth the authority and responsibility of the Local Board of Health
  • Local Public Health Services
    ORS 431.375-385 sets out the responsibilities of Local Government and Local Health Authorities.
  • Locating Tobacco Products
    ORS 167.407 prohibits direct access to products by customers (vendor-assisted sales).
  • Location of Vending Machines
    ORS 167.402 states the law regarding placement of vending machines that sell tobacco products. ORS 431.853 states the law regarding random inspections of tobacco retailers and wholesalers to insure compliance with the laws regarding sale of tobacco to minors.
  • Measure 44 Rules
    OAR 333-010-(0300 to 0370) contains rules promulgated under authority of Measure 44. These rules set out the structure and function of TPEP.
  • Measure 44 Statute
    ORS 431.832-836 are codified Measure 44 statutes. This sets out the statutes governing TPEP, and authorizes the promulgation of rules governing the Measure.
  • Oregon Health Plan and Cessation Coverage
    OAR 410-130-0190 sets out the services that the Oregon Health Plan will cover, what will be included in basic tobacco cessation treatment, how services will be documented in the client's chart, and how to code services provided.
  • Oregon's Smokefree Workplace Law
    Prohibits smoking in most workplaces. OAR 333-015-0025 through 333-015-0080 sets out the rules which implement ORS 433.
  • Policy on Smoking in University Buildings
    OAR 576-040-0010 sets out the policy of the Oregon State University regarding prohibitions on smoking.
  • Possession of Tobacco by Minors
    ORS 167.400 states the law regarding tobacco possession by people under age 18. It should be read along with the last sentence of ORS 167.401(1) which sets out the law regarding minor's possession in a private residence with parental supervision.
  • Prohibition on Free Distribution of Tobacco Products to Minors
    ORS 431.840 (1) (a) states the law regarding distribution of free tobacco products to people under age 18.
  • Purchase of Tobacco by Minors
    ORS 167.401 states the law regarding tobacco purchases by people under age 18. It includes penalties. It also includes an exception for minors participating in compliance testing of retail sales. (ORS 167.401(4))
  • RCF for Mentally or Emotionally Disturbed Persons
    OAR 309-035-0125 Facilities Requirements at section (18) sets out the requirements concerning smoking and sleeping areas and required exhaust systems.
  • Random Inspections of Retailers
    ORS 431 covers state and local administration and enforcement of health laws
  • Retailer Notice Regarding Sales to Minors
    ORS 431.840 (1)(b) states the law regarding required retailer notices prohibiting sale of tobacco products to people under 18. ORS 431.840(3) provides required language for the notice. ORS 431.845 gives the civil penalty for violation of ORS 431.840.
  • Sale of Tobacco to Minors
    ORS 163.575 states the law regarding the crime of endangering the welfare of a minor.
  • Smoking in Public
    ORS 433.835 through 433.900
  • Supersedeas (a bond that suspends a judgment creditor's power to levy execution, usually pending appeal)
    ORS 19.312 provides for a maximum $150 million bond that suspends financial judgement on tobacco litiagation pending appeal.
  • Tobacco-Free Schools
    OAR 581-021-0110 establishes Oregon schools as tobacco-free areas.

Tobacco Master Settlement Agreements

Federal Laws