167.502 Sale of certain items at unused property market prohibited; exceptions. (1) Except as provided in subsection (2) of this section, a person may not offer for sale or exchange or knowingly permit the sale or exchange of baby food, infant formula, cosmetics, personal care products, nonprescription drugs or medical devices at an unused property market.
(2) A person may sell or exchange the items listed in subsection (1) of this section if the person:
(a) Has a written authorization that identifies the person as an authorized representative of the manufacturer or distributor of those items; and
(b) Makes the written authorization available for public inspection.
(3)(a) A person who violates this section commits a Class C misdemeanor.
(b) A person who violates this section and who has one prior conviction under this section that was entered within the last 10 years commits a Class B misdemeanor.
(c) A person who violates this section and who has two or more prior convictions under this section that were entered within the last 10 years commits a Class A misdemeanor. [2003 c.338 §2]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 167 — Offenses Against General Welfare and Animals
2025 EDITION
GENERAL WELFARE AND ANIMAL OFFENSES
CRIMES AND PUNISHMENTS
PROSTITUTION AND RELATED OFFENSES
OBSCENITY AND RELATED OFFENSES
GAMBLING OFFENSES
OFFENSES INVOLVING CONTROLLED SUBSTANCES
OFFENSES AGAINST ANIMALS
OFFENSES INVOLVING FIGHTING BIRDS
OFFENSES INVOLVING UNUSED PROPERTY MARKETS
OFFENSES INVOLVING TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS
MISCELLANEOUS
PROSTITUTION AND RELATED OFFENSES
File SHA-256: f4f826629425538e2343128bb4dd830f0f037cb4b94695716fb19828f0666290. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:167.502 Source file: ors167.html Pages: Not recorded – Not recorded Passage SHA-256: 63d0fbb6fe9f86f3837aee27f054436d409237988f7a9d181a1e7824b9b01d53 Retained source evidence SHA-256: f4f826629425538e2343128bb4dd830f0f037cb4b94695716fb19828f0666290
Source location: ORS 167.502 (all printed versions and notes)
Stored source content
167.502 Sale of certain items at unused property market prohibited; exceptions. (1) Except as provided in subsection (2) of this section, a person may not offer for sale or exchange or knowingly permit the sale or exchange of baby food, infant formula, cosmetics, personal care products, nonprescription drugs or medical devices at an unused property market.
(2) A person may sell or exchange the items listed in subsection (1) of this section if the person:
(a) Has a written authorization that identifies the person as an authorized representative of the manufacturer or distributor of those items; and
(b) Makes the written authorization available for public inspection.
(3)(a) A person who violates this section commits a Class C misdemeanor.
(b) A person who violates this section and who has one prior conviction under this section that was entered within the last 10 years commits a Class B misdemeanor.
(c) A person who violates this section and who has two or more prior convictions under this section that were entered within the last 10 years commits a Class A misdemeanor. [2003 c.338 §2]
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
167.500 Definitions for ORS 167.502, 167.506 and 167.508. As used in ORS 167.502, 167.506 and 167.508:
(1) “Baby food” or “infant formula” means food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of two years.
(2) “Medical device” means an object or substance that is:
(a) Required under federal law to bear the label “Caution: Federal law requires dispensing by or on the order of a physician”; or
(b) Defined by federal law as a medical device and is intended:
(A) For use in the diagnosis of disease or other conditions in humans or animals;
(B) For use in the cure, mitigation, treatment or prevention of disease in humans or animals; or
(C) To affect the structure or a function of the bodies of humans or animals without achieving any of its principal intended purposes through metabolism or through chemical action within or on the bodies of humans or animals.
(3) “New and unused property” means tangible personal property:
(a) That was acquired by a person directly from a producer, manufacturer, wholesaler or retailer in the ordinary course of business and has not been used since its production or manufacture; or
(b) That was packaged when it was originally produced or manufactured and the property is in its original and unopened package.
(4)(a) “Nonprescription drugs” means drugs that may be sold without a prescription and that, in accordance with the requirements of the statutes and regulations of this state and the federal government, are:
(A) Prepackaged for use by a consumer;
(B) Prepared by a manufacturer or producer for use by a consumer; and
(C) Labeled and unadulterated.
(b) “Nonprescription drugs” does not include herbal products, dietary supplements, botanical extracts or vitamins.
(5) “Prior conv
167.508 Exemptions from ORS 167.502 and 167.506. (1) ORS 167.502 and 167.506 do not apply to a person who:
(a) Sells or exchanges new and unused property that was not produced or manufactured within the last five years as indicated by the style of the packaging or of the material itself;
(b) Sells by sample, catalog or brochure for future delivery; or
(c) Makes a sales presentation to a consumer who received an individualized invitation to attend the sales presentation prior to the sales presentation from an owner or legal occupant of the premises where the sales presentation takes place.
(2) The recordkeeping requirements in ORS 167.506 do not apply to:
(a) A person who sells or exchanges new and unused property at an event that is organized and operated:
(A) For the exclusive benefit of a community chest, a fund, a foundation, an association or a corporation; and
(B) For religious, educational or charitable purposes.
(b) A person who sells or exchanges motor vehicles or trailers that are subject to state vehicle registration requirements.
(c) A person who sells or exchanges new and unused property at a gun show as defined in ORS 166.432.
(d) A person who sells or exchanges new and unused property at a livestock auction market as defined in ORS 599.205. [2003 c.338 §4]