(1) Commodities in liquid form shall be sold only by liquid measure or weight and, except as otherwise provided in ORS § 618.010 to 618.246, commodities not in liquid form shall be sold only by weight, measure of length or area, or count. However, liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold.

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(2) The provisions of subsection (1) of this section do not apply to:

(a) Commodities sold for immediate consumption on the premises where sold;

(b) Vegetables sold by the head or bunch;

(c) Commodities in containers standardized by the laws of this state or the United States;

(d) Commodities in package form when there exists a general consumer usage to express the quantity in some other manner;

(e) Concrete aggregates, concrete mixtures and loose solid materials such as earth, soil, gravel, crushed stone and like substances sold by cubic measure; or

(f) Unprocessed vegetable and animal fertilizer sold by cubic measure.

(3) The State Department of Agriculture may make such reasonable rules as are necessary to ensure that the amounts of commodity for sale reflect accurate and fair practices. [1973 c.293 § 21; 2005 c.22 § 431]

[Repealed by 1973 c.293 § 55]