Chapter 459A — Chapter 459A

ORS 459A.746 Convenience zones for alternative access redemption centers and mobile or satellite redemption sites. (1) The Oregon Liquor and Cannabis Commission shall specify a convenience zone for an alternative access redemption center and a convenience zone for a mobile or satellite redemption site as provided in this section. The convenience zone specified for

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ORS 459A.748 Low-impact convenience zones. (1)(a) The Oregon Liquor and Cannabis Commission shall classify the two existing convenience zones specified under ORS 459A.738 for a full-service redemption center as a single low-impact convenience zone if

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ORS 459A.750 [1991 c.385 §35; 1993 c.560 §101; renumbered 459A.765 in 2025]

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ORS 459A.751 Review of convenience zones. (1) No less than once every three years, the Oregon Liquor and Cannabis Commission shall review each convenience zone specified under ORS 459A.738 and each low-impact convenience zone. The review must include consultation with

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ORS 459A.752 Inspection authority. In addition to the authority granted under ORS 459.992, inspectors and investigators employed by the Oregon Liquor and Cannabis Commission have authority to inspect any space occupied by a dealer for compliance with ORS 459A.738. [Formerly 459A.742]

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ORS 459A.753 Certification and withdrawal procedures. The procedures for certification or withdrawal provided for in ORS 459A.725 to 459A.735 shall be in accordance with ORS chapter 183. [Formerly 459A.743]

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ORS 459A.754 Bottle Bill Fund. The Bottle Bill Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Bottle Bill Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Liquor and Cannabis Commission and may be used to pay the costs of the commission in carrying out the duties of the commission under ORS 459A.700 to 459A.754. [Formerly 459A.744]

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ORS 459A.755 As used in this section and ORS 459A.757 and 459A.759

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ORS 459A.757 (1) Except as provided in subsection (2) of this section, a retail establishment may not provide

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ORS 459A.759 To prohibit or limit the use of recycled paper checkout bags or single-use checkout bags by a restaurant or retail establishment, a city, county or other local government, as defined in ORS 174.116

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ORS 459A.765 Recycling and waste reduction component of curriculum; teacher’s guide; informational materials. (1) By January 1, 1995, the Department of Education, in cooperation with the Department of Environmental Quality, shall integrate a recycling and waste reduction component into a required curriculum for all Oregon students in grades kindergarten through 12

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ORS 459A.775 “State agency” defined. As used in ORS 459A.775 to 459A.785, “state agency” means any state officer, department, board, commission or court created by the Constitution or statutes of this state, including the Legislative Assembly, its committees, officers and employees. [Formerly 468.967]

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ORS 459A.780 Prohibition against purchase or use of nonbiodegradable and nonrecyclable food packaging; exemptions. (1) A state agency may not purchase any product to be used for packaging food if the product is composed of material that is not either biodegradable or recyclable through an existing effective recycling program

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ORS 459A.785 Effective recycling program; standards for determining. The Department of Environmental Quality shall establish percentages of plastic material that must be recycled before a recycling program is considered an effective recycling program. In establishing the percentages the department

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ORS 459A.820 Findings. The Legislative Assembly finds that it is in the best interest of this state for architectural paint manufacturers to finance and manage an environmentally sound, cost-effective architectural paint stewardship program, undertaking responsibility for the development and implementation of strategies to reduce the generation of post-consumer architectural paint, promote the reuse of post-consumer architectural paint and collect, transport and process post-consumer architectural paint for end-of-product-life management, including reuse, recycling, energy recovery and disposal. [2009 c.777 §1; 2015 c.27 §50]

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ORS 459A.822 Definitions for ORS 459A.820 to 459A.855. As used in ORS 459A.820 to 459A.855

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ORS 459A.825 Participation in architectural paint stewardship program. (1) A producer or retailer may not sell or offer for sale architectural paint to any person in this state unless the producer is participating in an approved statewide architectural paint stewardship program organized by a stewardship organization. A retailer is in compliance with this subsection if, on the date the architectural paint was ordered from the producer or its agent, the website maintained by the Department of Environmental Quality lists the producer, along with the producer’s product brand, as participating in an approved architectural paint stewardship program

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ORS 459A.827 Plan for architectural paint stewardship program; requirements; exemptions; assessment. (1) A stewardship organization must submit a plan for a statewide architectural paint stewardship program to the Director of the Department of Environmental Quality for approval under ORS 459A.832. The plan must address the requirements set forth in subsections (2) and (4) of this section

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ORS 459A.830 Collection system for post-consumer architectural paint; requirements; exemptions. (1) The convenient system for the collection of post-consumer architectural paint required under ORS 459A.827 (2) must ensure that

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ORS 459A.832 Approval or denial of new or updated plans for architectural paint stewardship programs. (1) The Director of the Department of Environmental Quality shall approve, deny or request additional information on a new or updated plan or a plan amendment no later than 60 days after the date the director receives the plan or amendment from the stewardship organization

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ORS 459A.835 Approval for amendment or update to plan for architectural paint stewardship program. (1) A stewardship organization must submit to the Director of the Department of Environmental Quality for approval an amendment to a plan or updated plan that has been approved by the director under ORS 459A.832 if, at any time

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ORS 459A.837 Notification regarding changes to architectural paint stewardship program. If a stewardship organization makes any of the changes described in this section to an architectural paint stewardship program as provided for in a plan approved by the Director of the Department of Environmental Quality under ORS 459A.832, the organization shall notify the director in writing, within 30 days of the date of the change to the program, of

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ORS 459A.840 Conduct authorized; supervision by Department of Environmental Quality; rules. (1) It is the intent of this section that a stewardship organization operating an architectural paint stewardship program pursuant to ORS 459A.820 to 459A.855, approved by the Department of Environmental Quality and subject to the regulatory supervision of the department, is granted immunity from federal and state antitrust laws for the limited purpose of establishing and operating an architectural paint stewardship program. The activities of the stewardship organization that comply with the provisions of this section may not be considered to be in restraint of trade, a conspiracy or combination or any other unlawful activity in violation of any provisions of ORS 646.705 to 646.826 or federal antitrust laws

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ORS 459A.842 Reports by stewardship organizations. (1) No later than April 1 of each year, a stewardship organization must submit an annual report to the Director of the Department of Environmental Quality describing the operation during the prior calendar year of an architectural paint stewardship program approved by the director under ORS 459A.832. At a minimum, the report must contain

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ORS 459A.845 Estimate by Department of Environmental Quality of total volume of post-consumer architectural paint collected. No later than June 1 of each year, the Director of the Department of Environmental Quality shall publish an estimate of the total volume, in gallons, of post-consumer architectural paint collected in each wasteshed or metropolitan service district as part of an architectural paint stewardship program during the prior calendar year. For each wasteshed or metropolitan service district, the director shall also publish, stated as a percentage, the portion of the total volume in gallons of post-consumer architectural paint collected under the program at each of the following

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ORS 459A.847 Data disclosure. (1)(a) Except for the financial, cost, production or sales data and records specified in paragraph (b) of this subsection, the Department of Environmental Quality may not disclose any financial, cost, production or sales data and records of a stewardship organization, or of a specific producer, obtained by the department as part of the approval of a plan, or updated plan, for a statewide architectural paint stewardship program pursuant to ORS 459A.827 or as part of an annual report submitted pursuant to ORS 459A.842

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ORS 459A.850 Orders; actions. (1) In accordance with the applicable provisions of ORS chapter 183 relating to contested case proceedings, the Department of Environmental Quality may issue an order requiring compliance with the provisions of ORS 459A.820 to 459A.855

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ORS 459A.852 Fees. (1) The Department of Environmental Quality shall charge the following fees to be paid by a stewardship organization for administering ORS 459A.820 to 459A.855

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ORS 459A.855 Product Stewardship Fund; sources; uses. The Product Stewardship Fund is established, separate and distinct from the General Fund. Fees collected by the Department of Environmental Quality under ORS 459A.852 shall be deposited in the State Treasury to the credit of the Product Stewardship Fund. Interest earned by the Product Stewardship Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of implementing the provisions of ORS 459A.820 to 459A.855. [2009 c.777 §10]

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ORS 459A.860 Legislative findings. The Legislative Assembly finds and declares that

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ORS 459A.863 Definitions. As used in ORS 459A.860 to 459A.975

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ORS 459A.866 Determining producers of covered products. For purposes of ORS 459A.860 to 459A.975, the producer of a covered product shall be determined as follows

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ORS 459A.869 Requirements for producers and producer responsibility organizations; rules. (1) Except as provided in subsection (4) of this section and ORS 459A.872, each producer must register with and be a member of a producer responsibility organization that administers a producer responsibility program

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ORS 459A.872 Exemptions; rules. (1) A small producer is exempt from the requirement to be a member of a producer responsibility organization under ORS 459A.869

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ORS 459A.875 Producer responsibility program plan. (1) A producer responsibility organization shall submit to the Department of Environmental Quality, in a form and manner prescribed by the department, a plan for the development and implementation of a producer responsibility program

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ORS 459A.878 (1)(a) The Department of Environmental Quality shall approve, approve with conditions or reject a plan submitted under ORS 459A.875 or an amendment to a plan submitted under ORS 459A.881 no later than 120 days after the date on which the department receives the plan or plan amendment from the producer responsibility organization. The department shall approve a plan or a plan amendment if the department determines to the satisfaction of the department that the plan or plan amendment complies with the requirements of ORS 459A.875. If the department rejects the plan or plan amendment, the department shall provide in writing the reason for the rejection

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ORS 459A.881 Producer responsibility program plan amendments. (1) A producer responsibility organization shall submit an amendment to a producer responsibility program plan

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ORS 459A.884 Membership fees charged by producer responsibility organization. (1) A producer responsibility organization shall establish a schedule of membership fees to be paid by members of the organization. Membership fees established pursuant to this section must be sufficient to meet the financial obligations of the organization under ORS 459A.860 to 459A.975. Membership fees must be designed to differentiate between types of covered products, and the materials and formats that comprise those covered products. Membership fees charged for different covered product types, materials and formats must be proportional to the costs to the producer responsibility organization for that covered product type, material or format

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ORS 459A.887 Annual report; materials disposition report. (1) No later than July 1 of each year, a producer responsibility organization must submit to the Department of Environmental Quality for approval by the department an annual report on the development, implementation and operation of the producer responsibility program. The annual report must

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ORS 459A.890 Compensation to local governments; needs assessment; rules. (1) A producer responsibility organization shall, upon request, fund in advance or reimburse, as appropriate, the eligible expenses of a local government or the local government’s service provider for eligible costs as provided in this section

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ORS 459A.893 Development of educational resources; promotional campaigns. (1) A producer responsibility organization, in consultation with the Oregon Recycling System Advisory Council, shall develop educational resources and promotional campaigns to promote the uniform statewide collection list. Resources and campaigns developed under this section must include, but need not be limited to

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ORS 459A.896 Other duties of producer responsibility organization. (1) A producer responsibility organization must provide for the collection and responsible recycling of covered products identified by the Environmental Quality Commission under ORS 459A.914 (1)(b), in a way that meets collection targets, convenience standards and performance standards established under ORS 459A.914, by

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ORS 459A.899 Oregon Recycling System Advisory Council. (1) The Oregon Recycling System Advisory Council is established

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ORS 459A.902 Duties of council. (1) The Oregon Recycling System Advisory Council shall

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ORS 459A.905 (1) As used in this section, “commingled recycling reload facility” means a facility that receives commingled recyclables collected by a local government or local government’s service provider as an intermediate step prior to delivery to a commingled recycling processing facility

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ORS 459A.908 Roll carts. A local government shall ensure that roll carts, bins and containers purchased by the local government’s service providers are manufactured from at least 10 percent post-consumer recycled material and are certified by an independent verification standard, such as the Postconsumer Resin Certification Program established by the Association of Plastic Recyclers. [2021 c.681 §21]

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ORS 459A.911 Other duties of local governments. A local government providing the opportunity to recycle must, for the recycling collection of materials identified on the uniform statewide collection list at multifamily properties

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ORS 459A.914 Uniform statewide collection list; producer-collected materials; rules. (1) The Environmental Quality Commission, in consultation with producer responsibility organizations and the Oregon Recycling System Advisory Council, shall by rule identify materials that are suitable for recycling collection in this state and the methods for collection of those materials. Rules adopted under this subsection must distinguish between

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ORS 459A.917 Specifically identified materials. (1) The Department of Environmental Quality, in consultation with producer responsibility organizations and the Oregon Recycling System Advisory Council, shall establish and maintain a list of specifically identified materials

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ORS 459A.920 Contamination management fee; rules. (1) The Environmental Quality Commission shall by rule adopt and periodically revise a contamination management fee to be paid by producer responsibility organizations to commingled recycling processing facilities to compensate the facilities for the costs of removing and disposing covered products that are contaminants. The amount of the fee shall be based on the result of the study conducted under subsection (2) of this section. Rules adopted under this section must

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