Oregon - Tobacco-Free Environments: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
regulation; statute
Summary: 

State law prohibits any smoking or use of tobacco products on school grounds when students are present and/or requires districts to adopt tobacco-free school policies that address some CDC components.

Oregon Administrative Rules 581-022-2045 Prevention Education in Drugs and Alcohol

(1) Each school district shall develop a comprehensive plan for alcohol and drug abuse prevention program which shall include, but not limited to:

  • (a) Instruction in the effects of tobacco, alcohol, drugs, including anabolic steroids, performance-enhancing and controlled substances as an integral part of the district's K-12 comprehensive health education program. In addition, at least annually, all high school students, grades 9-12 shall receive age-appropriate instruction about drug and alcohol prevention
    • (A) The age-appropriate curriculum for this instruction shall:
      • (i) Emphasize prevention strategies;
      • (ii) Be reviewed and updated annually to reflect current research; and
      • (iii) Be consistent with State Board adopted Health Education Academic Content Standards.
    • (B) Basic information shall include:
      • (i) The effects of alcohol, tobacco and other drug use, including anabolic steroids, performance-enhancing and controlled substances
      • (ii) All laws relating to the use, especially by minors, of alcohol and other illegal drugs; and
      • (iii) The availability of school and community resources.
    • (C) The instructional program shall include activities which will assist students in developing and reinforcing skills to:
      • (i) Understand and manage peer pressure;
      • (ii) Understand the consequences of consuming alcohol and other drugs;
      • (iii) Make informed and responsible decisions; and
      • (iv) Motivate students to adopt positive attitudes towards health and wellness.
  • (b) A public information program for students, parents, and district staff; and
  • (c) Policies, rules, and procedures which:
    • (A) Include a philosophy statement relating to drug-free schools and the established tobacco-free policies and procedures for students, staff and visitors.
    • (B) Define the nature and extent of the district's program, including a plan to access and use federal funds;
    • (C) State that alcohol, tobacco, and other drug use by student is illegal and harmful;
    • (D) In accordance with OAR 581-021-0050 and 581-021-0055, indicate the consequences for using and/or selling alcohol and other drugs, including the specific rule of the school as it relates to law enforcement agencies;
    • (E) Describe the district's intervention and referral procedures, including those for drug-related medical emergencies;
    • (F) Indicate clearly that the school district's jurisdiction includes all school sponsored events including student activities; and
    • (G) Are reviewed and updated annually.

(2) The district's drug and alcohol prevention and intervention program shall be approved by the school district board after consultation from parents, teachers, school administrators, local community agencies, and persons from the health or alcohol and drug service community who are knowledgeable of the latest research information.

(3) Staff development in the district shall:

  • (a) Inform all staff of the district plan and their responsibilities within that plan; and
  • (b) Provide alcohol and drug abuse prevention education to all staff.

Oregon Revised Statutes 339.883 Possession of tobacco products or inhalent delivery systems by person under 21 prohibited at certain facilities

(1) As used in this section:

  • (a) “Facility” means a public or private school, college, community college, university, career school, technical education school, youth correction facility or juvenile detention facility.
  • (b) “Inhalant delivery system” has the meaning given that term in ORS 431A.175.
  • (c) “Tobacco products” has the meaning given that term in ORS 431A.175.

(2) A facility shall not permit a person under 21 years of age to possess tobacco products or inhalant delivery systems while the person is present on facility grounds or in facility buildings or attending facility-sponsored activities.

(3) A facility must have a written policy prohibiting the possession of tobacco products and inhalant delivery systems by persons under 21 years of age under the conditions described in subsection (2) of this section. The facility must have a written plan to implement the policy.

(4) This section does not apply to a person for whom a tobacco or nicotine product or a substance to be used with an inhalant delivery system has been lawfully prescribed.
Oregon State Legislature


Oregon Administrative Rules 333-051-0040 Oregon Indoor Clean Air Act: Signs

(1) An employer or entity in charge, except in those places described in OAR 333-015-0035(5) and (6), shall post signs prohibiting smoking, aerosolizing or vaporizing of inhalants. Nothing in these rules shall prevent an employer from increasing the amount of property where smoking, aerosolizing or vaporizing of inhalants is prohibited beyond the 10-foot requirement or from designating the entire premises as smoke, aerosol or vapor free. Signs may be used without specifically including the words "within 10 feet" if the signs specify a restriction greater than 10 feet or designate the entire premises as smoke, aerosol or vapor free. Signs shall be posted prominently at each entrance and exit to the place of employment or public place.
(2) In addition to requirements under this rule, an owner or entity in charge of a hotel or motel shall comply with signage requirements as described in OAR 333-015-0035(4).
(3) An owner or entity in charge of tables or outdoor seating or dining areas within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of a public place or place of employment, or any portion of an accessibility ramp shall clearly mark the tables or outdoor seating or dining areas as non-smoking, non-vaporizing and non-aerosolizing.
(4) In a cigar bar where smoking is allowed under OAR 333-015-0035(6), the employer or entity in charge shall post signs at each entrance and exit clearly stating that:

  • (a) Smoking is allowed on all or part of the premises;
  • (b) Smoking, aerosolizing or vaporizing of inhalants that are not cigars is prohibited; and
  • (c) Anyone under the age of 21 is prohibited from entering the premises.
    (5) In a smoke shop certified under OAR 333-015-0068(5)(a) and (b), where smoking is allowed under OAR 333-015-0035(6), the employer or entity in charge shall post signs at each entrance and exit clearly stating that:
  • (a) Smoking is allowed on all or part of the premises;
  • (b) Anyone under the age of 21 is prohibited from entering the premises;
  • (c) It is unlawful to sell tobacco products or inhalant delivery systems to anyone under the age of 21;
  • (d) Cigarette smoking is prohibited on the premises, in smoke shops where cigarette smoking is not allowed under OAR 333-015-0068(7)(e);
  • (e) Smoking, aerosolizing or vaporizing of inhalants that are not tobacco products is prohibited; and
  • (f) On premises consumption of alcohol is prohibited.
    (6) In a smoke shop certified under OAR 333-015-0068(5)(c), where smoking is allowed under OAR 333-015-0035(6), the employer or entity in charge shall post signs at each entrance and exit clearly stating that:
  • (a) Smoking is allowed on all or part of the premises;
  • (b) Anyone under the age of 18 is prohibited from entering the premises;
  • (c) It is unlawful to sell tobacco products or inhalant delivery systems to anyone under the age of 21;
  • (d) Cigarette smoking is prohibited on the premises, in smoke shops where cigarette smoking is not allowed under OAR 333-015-0068(7)(e);
  • (e) Smoking, aerosolizing or vaporizing of inhalants that are not tobacco products is prohibited; and
  • (f) On premises consumption of alcohol is prohibited.
    (7) All signs used to describe whether smoking is prohibited or allowed in place of employment or public place shall be placed at a height and location easily seen by a person entering the establishment and shall not be obscured in any way.

Oregon Administrative Rules 581-021-0110 Tobacco Free Schools

(1) For the purpose of this rule "tobacco" is defined to include any lighted or unlighted cigarette, cigar, pipe, bidi, clove cigarette, and any other smoking product, and spit tobacco, also known as smokeless, dip, chew, and snuff, in any form.
(2) No student, staff member, or school visitor is permitted to smoke, inhale, dip, or chew or sell tobacco at any time, including non-school hours

  • (a) In any building, facility, or vehicle owned, leased, rented, or chartered by the school district, school, or public charter school; or
  • (b) On school grounds, athletic grounds, or parking lots.
    (3) No student is permitted to possess a tobacco product:
  • (a) In any building, facility, or vehicle owned, leased, rented, or chartered by the school district, school, or public charter school; or
  • (b) On school grounds, athletic grounds, or parking lots.
    (4) By January 1, 2006, school districts must establish policies and procedures to implement and enforce this rule for students, staff and visitors.
    (5) For purposes of this rule, the term "school district" includes the Oregon School for the Deaf (OSD). The Oregon School for the Deaf must establish, in cooperation with the Oregon Department of Education, policies and procedures to implement and enforce this rule for students, staff and visitors by June 30, 2006.

Oregon Administrative Rules 333-015-0030 Oregon Indoor Clean Air Act: Definitions

(24) "Public place" means an enclosed area open to the public.

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