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Oregon Revised Statutes

Or. Rev. Stat. § 323.540 (2026)

Records; contents; retention; examination

✓ current as of May 2026
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      323.540 Records; contents; retention; examination. (1) Any distributor, and any person dealing in, transporting or storing tobacco products, shall keep at each registered place of business complete and accurate records for that place of business, including itemized invoices, of tobacco products held, purchased, manufactured, brought in or caused to be brought in from without the state or shipped or transported to retail dealers in this state, and of all sales of tobacco products made, except sales to consumers.

      (2) The records required by subsection (1) of this section shall show the names and addresses of purchasers and other pertinent papers and documents relating to the purchase, sale or disposition of tobacco products.

      (3) When a licensed distributor sells tobacco products exclusively to consumers at the address given in the certificate and sells only tobacco products for which taxes imposed under ORS 323.500 to 323.645 have been paid prior to sale, an invoice of any individual sale of less than 100 cigars or of tobacco products with a wholesale sales price of less than $50 is not required. Itemized invoices of all tobacco products transferred to other places of business owned or controlled by that licensed distributor shall be made and retained.

      (4)(a) All books, records and other papers and documents required by this section to be kept shall be preserved for a period of at least five years after the initial date of the books, records and other papers or documents, or the date of entries appearing therein, unless the Department of Revenue, in writing, authorizes their destruction or disposal at an earlier date.

      (b) The department or its authorized representative, upon oral or written demand, may make such examinations of the books, papers, records and equipment required to be kept under this section as it may deem necessary in carrying out the provisions of ORS 323.500 to 323.645.

      (c) If the department, or any of its agents or employees, are denied free access or are hindered or interfered with in making such examination, the license of the distributor at such premises shall be subject to cancellation, suspension or revocation by the department. [1985 c.816 §23; 2003 c.804 §38]

 

      323.545 [1985 c.816 §24; repealed by 2003 c.804 §70]

 

      323.550 [1985 c.816 §25; repealed by 2003 c.804 §70]

Notes of Decisions
Cited in 2 cases, 2013–2017 · leading case: Lil Pantry Mkt. & Deli LLC v. Dept. of Rev. (Or. T.C. 2017).
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Lil Pantry Mkt. & Deli LLC v. Dept. of Rev. (Or. T.C. 2017). · cites it 16× “220 and $500 for failure to keep invoices related to OTP transactions under ORS 323.540. (See Compl at 5.) Plaintiffs appealed the assessment to the Oregon Tax Court on April 20, 2017.”
Scappoose Smoke Shop v. Dep't of Revenue (Or. T.C. 2013). “ORS 323.540(1). Statutorily mandated record requirements include the retention of invoices specifying: the names and addresses of the seller and purchaser, “the date of the sale of tobacco products, the quantity and product description of tobacco products, the price paid for…”
— Or. Rev. Stat. § 323.540(1) — 1 case
Scappoose Smoke Shop v. Dep't of Revenue (Or. T.C. 2013). “ORS 323.540(1). Statutorily mandated record requirements include the retention of invoices specifying: the names and addresses of the seller and purchaser, “the date of the sale of tobacco products, the quantity and product description of tobacco products, the price paid for…”
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