California Table Grape Commission v. Health Division

I would hold that there is no statutory authority for the part of OAR 333-151-010(4) that prohibits restaurants and certain other establishments from serving fresh fruits and vegetables to which sulfites have been added before delivery to the restaurant. Accordingly, I dissent.

The scope of regulation by a state agency may not be broader than the terms of the statute that authorizes the agency to act. U. of O. Co-Oper. v. Dept. of Rev., 273 Or 539, 550, 542 P2d 900 (1975). In determining the meaning of a statute, we must first decide if it is free from ambiguity. Murphy v. Nilsen, 19 Or App…