ORS § 616.850 to 616.890 do not apply to:

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(1) Fresh fruits and vegetables.

(2) Products sold in quantities of one avoirdupois ounce, or 28.35 grams or one fluid ounce, or less.

(3) Packaged consumer commodities that may be lawfully sold only upon the written or oral direction of a licensed practitioner. As used in this subsection, ‘practitioner’ has the meaning for the term provided in ORS § 689.005.

(4) Alcoholic beverages that are subject to the Federal Alcohol Administration Act.

(5) Tobacco, cosmetics and personal care products, hardware and household equipment.

(6) Products sold in one size limit only, or in such manner that the State Department of Agriculture determines that no comparison is meaningful.

(7) Consumer commodities sold for immediate consumption on the premises.

(8) Patent or proprietary medicines.

(9) Products sold through coin-operated vending machines or products sold by manual distribution from mobile catering units to individual consumers. [1977 c.181 § 4; 1979 c.777 § 57; 1979 c.785 § 6; 1979 c.827 § 4; 2009 c.175 § 7]