The following definitions apply to these rules unless the context indicates otherwise:

1. (1) "Annual Oregon Health Authority license application fee" or "annual Authority license application fee" means the fee adopted by the Authority in OAR 333-015-0227 to be paid by a retailer of tobacco products or inhalant delivery systems at the time that the retailer submits an application under OAR 150-323-0500.
2. (2) "Authority" means the Oregon Health Authority.
3. (3) "Department" means the Oregon Department of Revenue.
4. (4) "Department of Revenue fee" means the annual fee adopted by the Department to be paid by a retailer at the same time the annual Authority license application fee is paid.
5. (5) "Designee" means the agent, or employee of the retailer.
6. (6) "Inhalant delivery system" has the meaning defined in ORS 431A.175.
7. (7) "Local fee" means a fee adopted by a city or governing body of a Local Public Health Authority adopted by an ordinance to be paid by a retailer.
8. (8) "Local Public Health Authority" or "LPHA" means a county government; a health district formed under ORS 431.443; or an intergovernmental entity that provides public health services pursuant to an agreement entered into under ORS 190.010. This does not include LPHAs requiring a license or other authorization as described in ORS 431A.220.
9. (9) "Misbranded and adulterated tobacco product" has the meaning defined in Section 902 and 903 of the Federal Food, Drug, and Cosmetic Act.
10. (10) "Nicotine" has the meaning defined in ORS 431A.175.
11. (11) "Premises" has the meaning defined in OAR 150-323-0500. When used in these rules, "premises" includes "establishments", as used in ORS 431A.183.
12. (12) "Retailer" has the meaning defined in OAR 150-323-0500.
13. (13) “These rules” means OAR 333-015-0202 to 333-015-0272.
14. (14) "Tobacco products" has the meaning defined in ORS 431A.175.
15. (15) "Tobacco retail license" means a license issued by the Department to a retailer for the sale of tobacco products or inhalant delivery systems.
16. (16) "Tobacco retail license fee" means the fee adopted by the Department in OAR 150-323-0500, the fee adopted by the Authority in OAR 333-015-0227, and any local fee adopted by a city or governing body of a LPHA where a retailer is located.
17. (17) "Unique address" has the meaning defined in OAR 150-323-0510.
18. (18) "Vending machine" means a device that, upon the insertion of tokens, money or another form of payment, dispense tobacco product(s) or inhalant delivery system(s).

Statutory/Other Authority

ORS 431A.218, ORS 167.780, ORS 431A.175, ORS 431A.183 & ORS 413.042

Statutes/Other Implemented

ORS 167.780, ORS 431A.175, ORS 431A.183, ORS 431A.190-431A.220, ORS 431.110 & ORS 431.141-431.144

History

PH 24-2026, amend filed 06/02/2026, effective 06/05/2026
PH 48-2023, amend filed 10/09/2023, effective 10/09/2023
PH 16-2022, adopt filed 02/10/2022, effective 02/10/2022