Or. Admin. R. 333-015-0242

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

Section 333-015-0242 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Compliance Inspections

(1) The Oregon Health Authority (Authority) or the local public health authority (LPHA) shall conduct annual unannounced inspections of retailers to ensure compliance with, and to enforce, state laws and rules and federal laws and regulations that govern the retail sale of tobacco products or inhalant delivery systems for purposes related to public health and safety. Inspections shall check compliance for any of the violations listed in OAR 333-015-0257 other than subsection (1)(a).

(2) Inspections may take place:

(a) Only in areas open to the public;

(b) Only during the hours that tobacco products or inhalant delivery systems are distributed or sold; and

(c) No more frequently than once a month in any single premises unless a compliance problem exists or is suspected. If there is more than one location on the premises where tobacco products or inhalant delivery systems are sold, the Authority or the LPHA may conduct inspections at each location.

(3) Remediation plan:

(a) The Authority or the LPHA may develop a remediation plan with a retailer, or their designee, to correct violations discovered during an inspection under this rule as an alternative to a civil penalty. If the retailer, or their designee, refuses to develop a remediation plan, the Authority or the LPHA may impose a civil penalty, as determined by OAR 333-015-0262. Compliance with the remediation plan must be completed within 15 calendar days of the inspection.

(b) Follow-up inspection:

(A) The Authority or the LPHA may make an unannounced follow-up inspection no sooner than 15 calendar days after the initial inspection.

(B) If a violation of these rules is found during the follow-up inspection or post-remediation plan inspection, the Authority or the LPHA may impose a civil penalty, as determined by OAR 333-015-0262.

(c) A retailer is eligible for a remediation plan described in this rule if either the Authority or the LPHA has discovered a violation of this rule by the retailer and a follow-up inspection has not been conducted within the review period as defined in OAR 333-015-0262.

(4) Cooperation with inspection. The retailer, or their designee, shall permit the Authority or the LPHA access to the business, in order to determine compliance with these rules.

Or. Admin. R. 333-015-0242

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 167.765, ORS 167.770, ORS 167.780, ORS 431A.175, ORS 431A.178, ORS 431A.183 & ORS 413.042

Statutes/Other Implemented: ORS 167.765, ORS 167.770, ORS 167.780, ORS 431A.175, ORS 431A.178, ORS 431A.183, ORS 431A.190-431A.220, ORS 431.110 & ORS 431.141-431.144