Oregon Statutes 618.071 – Inspection and investigation authority of department; written notices for minor violations
When necessary for the enforcement of ORS § 618.010 to 618.246, or rules promulgated pursuant thereto, the State Department of Agriculture is:
Terms Used In Oregon Statutes 618.071
- Department: means the State Department of Agriculture. See Oregon Statutes 618.010
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Vehicle: means any wheeled conveyance in, upon or by which any property, livestock or commodity is or may be transported or drawn, but does not include railroad rolling stock. See Oregon Statutes 618.010
- Weights and measures: means all weights and measures, instruments and devices of every kind for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. See Oregon Statutes 618.010
(1) Authorized to enter during normal business hours any premises, including buildings or mobile facilities, where commercial transactions are conducted, commodities are located, or weights and measures are employed. If such premises are not open to the public, a department representative shall first present the credentials of the representative and obtain consent before making entry thereto. If such entry is denied, the department may apply for a search warrant from any person authorized to issue search warrants.
(2) Empowered to stop any commercial vehicle and, after presentment of credentials, require the person in charge to move the vehicle to a designated place for inspection on probable cause that a violation of ORS § 618.010 to 618.246 has occurred or is occurring.
(3) Authorized, in the public interest, to issue written notices or warnings to violators for minor infractions of ORS § 618.010 to 618.246 in lieu of referring the matter to the district attorney. [1973 c.293 § 13; 1999 c.59 § 183; 2005 c.22 § 421]