Chapter 459A — Chapter 459A
217 sections in this chapter.
ORS 459A.218 Drop-off sites; rules. (1) The system by which a program operator collects covered drugs under a drug take-back program must be safe and secure to use on an ongoing basis
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(2) For purposes of a drug take-back program: (a) A drop-off site must be available for use during the normal business hours of the authorized collector; (b) A drop-off site must use a secure repository in compliance with all state laws and rules and federal laws and regulations …
ORS 459A.221 Covered drug collection events. If a drug take-back program provides for the periodic collection of covered drugs through collection events, the collection events must be conducted
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(1) In accordance with the applicable regulations and protocols of the Drug Enforcement Administration of the United States Department of Justice; and (2) In coordination with the local solid waste management officials who have jurisdiction over the impacted area. [2019 c.659 §8]…
ORS 459A.224 Disposal of covered drugs. Covered drugs must be disposed of
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(1) At a hazardous waste disposal facility that meets the requirements of 40 C.F.R. parts 264 and 265, as in effect on September 29, 2019; (2) At a municipal solid waste incinerator that is permitted to accept pharmaceutical waste; or (3) At a hospital, medical and infectious was…
ORS 459A.227 Public awareness. (1) A program operator must promote, and provide public outreach and education about, the safe and secure collection of covered drugs under the drug take-back program through the use of a website and written materials provided at the time a covered drug is delivered to a covered entity, and through the use of any signage, advertising or other means of fostering public awareness. At a minimum, a program operator must
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(a) Promote the safe and secure storage of covered drugs by covered entities; (b) Disseminate information on the inherent risks of improperly storing or disposing of opioids or opiates and other covered drugs; (c) Discourage the disposal of covered drugs in the garbage or sewer s…
ORS 459A.230 Annual report. (1) In a form and manner prescribed by the Department of Environmental Quality, a program operator must submit to the department an annual report on the development, implementation and operation of the drug take-back program that includes
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(a) A list of covered manufacturers participating in the drug take-back program; (b) The total amount, by weight, of drugs collected under the drug take-back program; (c) The amount, by weight, of drugs collected under each method of collecting drugs under the drug take-back prog…
ORS 459A.233 Costs of participation in drug take-back program. Each covered manufacturer or group of covered manufacturers must pay all costs associated with participating in a drug take-back program. A program operator or authorized collector may not impose a charge, including any charge imposed at the time that a covered drug is sold to or collected from a covered entity, against covered entities for the purpose of recouping the costs of a drug take-back program. [2019 c.659 §12]
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Note: See note under 459A.200.
ORS 459A.236 Inspection and audit. The Department of Environmental Quality shall ensure compliance with ORS 459A.200 to 459A.266 by
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(1) Entering into an agreement with the State Board of Pharmacy whereby the board, during routine inspections of retail drug outlets: (a) Inspects drop-off sites located at retail drug outlets; and (b) Informs the department of drop-off sites that are not in compliance with ORS 4…
ORS 459A.239 Enforcement; civil penalties. (1)(a) The Environmental Quality Commission shall send notice to a covered manufacturer if the covered manufacturer fails to participate in a drug take-back program as required by ORS 459A.200 to 459A.266. Notice sent under this subsection must explain the possible penalties that may be incurred by the covered manufacturer for committing the violation
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(b) If, 30 days after the date on which the commission sent notice under paragraph (a) of this subsection, the covered manufacturer continues to sell drugs within this state without participating in a drug take-back program, the commission may impose a civil penalty against the c…
ORS 459A.242 Fees. (1) The Department of Environmental Quality shall establish the following fees for the purpose of paying the costs of administering ORS 459A.200 to 459A.266
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(a) A one-time fee for reviewing a drug take-back program plan submitted under ORS 459A.209. (b) An annual fee for expenses associated with the ongoing costs of administering ORS 459A.200 to 459A.266. (c) An hourly fee for any other work that the department must do on behalf of a…
ORS 459A.245 Secure Drug Take-Back Account. (1) The Secure Drug Take-Back Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Department of Environmental Quality for purposes of administering ORS 459A.200 to 459A.266
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(2) The account shall consist of all moneys deposited into or credited to the account, including: (a) Moneys collected under and deposited into the account pursuant to ORS 459A.239 and 459A.242; and (b) Moneys appropriated or transferred to the account by the Legislative Assembly…
ORS 459A.248 Liability. An authorized collector, covered manufacturer, drug take-back organization, drug take-back program and program operator may not be held criminally or civilly liable for any function, duty or power performed for the purpose of complying with ORS 459A.200 to 459A.266, unless the function, duty or power was performed with gross negligence or willful and wanton misconduct. [2019 c.659 §17]
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Note: See note under 459A.200.
ORS 459A.251 Application of antitrust laws. The Legislative Assembly declares that program operators providing covered entities with drug take-back program services, including the safe and secure collection, transportation and disposal of covered drugs, is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that participating in drug take-back programs as required by ORS 459A.200 to 459A.266 shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for participating in drug take-back programs as required by ORS 459A.200 to 459A.266 from federal antitrust laws. This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under ORS 459A.200 to 459A.266. [2019 c.659 §18]
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Note: See note under 459A.200.
ORS 459A.254 Confidentiality. Any proprietary information or any financial, manufacturing or sales information or data that the Department of Environmental Quality receives from a covered manufacturer or drug take-back organization under ORS 459A.200 to 459A.266 is confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the information or data does not directly or indirectly identify the proprietary information or the financial, manufacturing or sales information or data of a specific covered manufacturer or drug take-back organization. [2019 c.659 §19]
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Note: See note under 459A.200.
ORS 459A.257 Nonapplicability of Uniform Controlled Substances Act. The provisions of the Uniform Controlled Substances Act do not apply to a program operator or authorized collector, insofar as the program operator is collecting, transporting and disposing of covered drugs pursuant to ORS 459A.200 to 459A.266. [2019 c.659 §20]
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Note: See note under 459A.200.
ORS 459A.260 State preemption of local laws. Except as expressly authorized by state law, ORS 459A.200 to 459A.266 supersede and preempt any ordinance or other regulation enacted before, on or after September 29, 2019, by the governing body of a city, county or other political subdivision of this state that establishes or requires a program for the collection, by or on behalf of covered manufacturers, of
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(1) Biologics; (2) Covered drugs; (3) Drugs for which a covered manufacturer administers a drug take-back program as part of a risk evaluation and mitigation strategy under the oversight of the federal Food and Drug Administration; (4) Drugs that are used for animal medicines, in…
ORS 459A.263 Interagency agreements. The Department of Environmental Quality may enter into agreements with other state agencies for purposes including covering costs incurred in the administration of ORS 459A.200 to 459A.266. [2019 c.659 §22]
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Note: See note under 459A.200.
ORS 459A.266 Rules. The Environmental Quality Commission shall adopt any rules necessary for the effective administration of ORS 459A.200 to 459A.266. Upon request, the State Board of Pharmacy shall assist the commission in adopting rules under this section. [2019 c.659 §23]
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Note: See note under 459A.200. PRODUCER RESPONSIBILITY FOR ELECTRONIC DEVICES
ORS 459A.300 Legislative findings. The Legislative Assembly finds that
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(1) It is necessary to encourage the design of electronic devices that are more resource-efficient, more recyclable and less environmentally toxic; (2) The development and availability of a statewide system that conveniently serves both urban and rural areas of Oregon for the col…
ORS 459A.305 Definitions for ORS 459A.305 to 459A.355. As used in ORS 459A.305 to 459A.355
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(1) “Brand” means a name, symbols, words or marks that identify a covered electronic device, rather than any of its components, and attribute the device to the owner of the brand as the manufacturer. (2) “Collector” means an entity that collects covered electronic devices as part…
ORS 459A.310 Applicability to manufacturers; applicability to reused or refurbished covered electronic devices; requirements for sale of covered electronic devices by manufacturers. (1) ORS 459A.305 to 459A.355 apply to all manufacturers engaging in the activities set forth in ORS 459A.305 (9) before, on or after June 7, 2007
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(2) ORS 459A.305 to 459A.355 do not apply to reused or refurbished covered electronic devices. (3) A manufacturer may not sell or offer for sale any covered electronic device, except for peripherals, in or for delivery in this state unless: (a) Except as provided in subsection (4…
ORS 459A.315 Registration by manufacturer. Before January 1 of each year, a manufacturer of covered electronic devices sold or offered for sale in this state shall register with the Department of Environmental Quality, for a period to cover the upcoming calendar year, on a form provided by the department. The registration shall include
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(1) A list of all the brands of covered electronic devices, not including peripherals, manufactured, sold or imported by the manufacturer, including: (a) Those brands being offered for sale in this state by the manufacturer; and (b) Those brands that were offered for sale in this…
ORS 459A.320 Electronics producer responsibility program plan; requirements; annual report; rules. (1) In the form and manner prescribed by the Department of Environmental Quality, an electronics producer responsibility organization must annually submit to the department a plan for implementing an electronics producer responsibility program
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(2) The electronics producer responsibility organization’s plan must describe how the electronics producer responsibility organization will implement an electronics producer responsibility program that complies with ORS 459A.305 to 459A.355, including how the electronics producer…
ORS 459A.321 Approval of electronics producer responsibility plan. (1) The Department of Environmental Quality shall approve an electronics producer responsibility program plan as provided in this section if the department determines that the plan satisfies the requirements of ORS 459A.320
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(2) Not later than 60 days after receiving a plan under ORS 359A.320, the department shall either approve, approve with conditions or reject the plan. If the department rejects the plan, the department shall provide the reason or reasons for the rejection. An electronics producer…
ORS 459A.322 [2011 c.548 §2; repealed by 2023 c.259 §15]
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[Repealed or reserved.]
ORS 459A.323 Coordinating body; manufacturer obligation. (1) If the Department of Environmental Quality approves more than one electronics producer responsibility program plan to be implemented
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(a) The department shall set a timeline for all electronics producer responsibility organizations to designate a coordinating body. If all electronics producer responsibility organizations are unable to designate a coordinating body in accordance with the timeline set by the depa…
ORS 459A.325 [2007 c.302 §7; repealed by 2023 c.259 §15]
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[Repealed or reserved.]
ORS 459A.327 Education and public awareness. (1) An electronics producer responsibility organization, or the coordinating body if one is designated under ORS 459A.323, shall consult with the department to develop educational resources and public awareness activities to advertise and promote, on a regular basis, recycling of covered electronic devices and collection opportunities statewide. At a minimum, an electronics producer responsibility organization must
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(a) Promote recycling of covered electronic devices through the electronics producer responsibility program; (b) Establish a toll-free telephone number and a website address that a covered entity may use to contact the electronics producer responsibility organization about the el…
ORS 459A.330 Prohibition against charging fee for collection, transportation or recycling of covered electronic devices; exception. (1) Except as authorized in subsection (2) of this section, an electronics producer responsibility program or a collector participating in an electronics producer responsibility program may not charge a fee to covered entities for the collection, transportation or recycling of covered electronic devices
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(2) A collector that provides a premium service to a covered entity may charge for the additional cost of providing the premium service. [2007 c.302 §8; 2023 c.259 §17] Note: See note under 459A.300.
ORS 459A.332 Submission of information to Department of Environmental Quality; confidentiality. (1) The Department of Environmental Quality may require a manufacturer or an electronics producer responsibility organization to submit information to the department to evaluate compliance with ORS 459A.305 to 459A.355. A manufacturer or electronics producer responsibility organization must submit any data or information required by the department under this subsection in the format requested by the department
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(2) Trade secrets, as defined in ORS 646.461, and information protected by trademark or patent that the department receives from an electronics producer responsibility organization or manufacturer pursuant to ORS 459A.305 to 459A.355 are confidential and not subject to public dis…
ORS 459A.334 Fees; rules. (1) The Environmental Quality Commission shall establish by rule an annual fee, which must be reasonably calculated to cover the costs to the Department of Environmental Quality of implementing, administering and enforcing ORS 459A.305 to 459A.355
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(2) The commission shall establish by rule a one-time plan review fee reasonably calculated to cover the costs to the department of reviewing the initial electronics producer responsibility program plan submitted to the department for approval under ORS 459A.321 by each electroni…
ORS 459A.335 Requirements for sale of covered electronic devices by retailers; retailer’s duty to consumers regarding information about recycling covered electronic devices. (1) A retailer may not sell or offer for sale any covered electronic device, except for peripherals, in or for delivery into this state unless
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(a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; (b) The brand is included on the list made publicly available by the Department of Environmental Quality pursuant to ORS 459A.340 (1); and (c) The list made publicl…
ORS 459A.340 Duties of department. The Department of Environmental Quality shall
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(1) Maintain and make publicly available: (a) A list of registered manufacturers and their brands; (b) A list of brands for which no manufacturer has registered; (c) A list that identifies which manufacturers are in compliance with ORS 459A.305 to 459A.355; (d) Electronics produc…
ORS 459A.345 Rules. The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.305 to 459A.355. [2007 c.302 §11]
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Note: See note under 459A.300.
ORS 459A.350 Disposition of fees. Fees collected by the Department of Environmental Quality under ORS 459A.305 to 459A.355 shall be deposited in the State Treasury to the credit of the Covered Electronic Devices Account established under ORS 459A.355. [2007 c.302 §12]
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Note: See note under 459A.300.
ORS 459A.353 Application of antitrust laws. The Legislative Assembly declares that electronics producer responsibility organizations providing covered entities with program services for covered electronic devices, including the use of environmentally sound management practices to collect, transport and recycle covered electronic devices, is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that participation in electronics producer responsibility programs as required by ORS 459A.305 to 459A.355 shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for participating in electronics producer responsibility programs as required by ORS 459A.305 to 459A.355 from federal antitrust laws. This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under ORS 459A.305 to 459A.355. [2023 c.259 §12]
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Note: See note under 459A.300.
ORS 459A.355 Covered Electronic Devices Account; interest; uses. The Covered Electronic Devices Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of administering, implementing and enforcing ORS 459A.305 to 459A.355 and enforcing the prohibition in ORS 459.247 relating to disposal of covered electronic devices. [2007 c.302 §13; 2023 c.259 §18]
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Note: See note under 459A.300.
ORS 459A.360 Evaluation by department of certain federal laws. (1) The Department of Environmental Quality shall evaluate any federal law that establishes a national program for the collection and recycling of electronic devices
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(2) If the department determines that the federal law substantially meets or exceeds the requirements and intent of ORS 459A.305 to 459A.355, the department shall include information on the federal law in a report to the Legislative Assembly in the manner provided by ORS 192.245.…
ORS 459A.365 City and county regulation of collection of solid waste. ORS 459A.305 to 459A.355 do not supersede any authority under ORS chapter 459 or 459A for cities and counties to regulate the collection of solid waste. [2007 c.302 §14a]
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Note: See note under 459A.300. SPECIFIC RECYCLING REQUIREMENTS (State Agencies)
ORS 459A.475 Legislative findings; policy. The Legislative Assembly finds and declares that
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(1) It is the policy of the State of Oregon to conserve and protect its resources. The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern. (2) The volume of solid waste generated within the state, an increased …
ORS 459A.480 State agency recycling program; requirements; training. (1) For the current state waste paper collection program, the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall provide participating locations with public awareness information and training to state and legislative employees, including but not limited to the proper separation and disposal of recycled resources. Additionally, the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall provide training for personnel, including but not limited to state buildings and grounds personnel responsible for the collection of waste materials. This training shall include but is not limited to educating and training the personnel concerning the separation and collection of recyclable materials
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(2) The Oregon Department of Administrative Services shall continue the current state waste paper collection program for employees of state government, as defined in ORS 174.111. This program shall include recycling opportunities for office paper, corrugated cardboard, newsprint,…
ORS 459A.485 System and procedures for separation and collection of solid waste; rules; exemption. (1) Notwithstanding ORS 183.335 (5), the Oregon Department of Administrative Services shall adopt rules pursuant to ORS chapter 183 that
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(a) Establish procedures for the separation of solid waste generated by state agencies that can be recycled or reused. (b) Establish a system for the collection of solid waste generated by state agencies that can be recycled or reused. The system shall ensure that the material is…
ORS 459A.490 Paper conservation. (1) The Oregon Department of Administrative Services shall encourage paper conservation
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(2) The department shall provide guidelines to state agencies and contractors on the availability of recycled paper and paper products, including the sources of supply and the potential uses of various grades of recycled paper. (3) The department shall review the total paper purc…
ORS 459A.500 Definitions for ORS 459A.500 to 459A.520. As used in ORS 459A.500 to 459A.520
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(1) “Consumer of newsprint” means a person who uses newsprint in a commercial or government printing or publishing operation. (2) “Newsprint” means paper that meets the specifications for Standard Newsprint Paper and Roto Newsprint Paper as set forth in the current edition of the…
ORS 459A.505 Minimum recycled content for newsprint. Every consumer of newsprint in Oregon shall ensure that at least 7.5 percent of the annual aggregate fiber content of all newsprint used by the consumer of newsprint is composed of post-consumer waste paper, if
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(1) Recycled-content newsprint is available at the same or lower weighted net price compared to that of newsprint made from virgin material; (2) The average mechanical and optical properties of recycled-content newsprint from any individual mill measured quarterly meets or exceed…
ORS 459A.510 Report to consumer of amount of post-consumer waste in shipment. Each person who supplies a consumer of newsprint with newsprint shall report with each supply the amounts of post-consumer waste contained in each shipment to each consumer of newsprint. If a shipment contains no post-consumer waste paper, the supplier shall so report. [1991 c.385 §28]
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[Repealed or reserved.]
ORS 459A.515 Annual report to department; content. No later than February 28 each year, each consumer of newsprint shall report to the Department of Environmental Quality the following information for the previous calendar year
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(1) The amount of newsprint used in short tons; (2) The amount of recycled-content newsprint used in short tons; and (3) The aggregate recycled content of the newsprint used as a percent. [1991 c.385 §29; 1993 c.560 §91; 2003 c.14 §292]
ORS 459A.520 Minimum recycled content for directories. (1) Every directory publisher shall ensure that directories distributed in Oregon
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(a) Have a minimum recycled content of at least 25 percent by weight, with no less than 15 percent of the total weight consisting of post-consumer waste, if: (A) The recycled-content paper is available on the market; and (B) The recycled-content paper is of the same quality as pa…
ORS 459A.550 Report on use of new and recycled glass; minimum percentage of recycled glass required. (1) On or before February 28 each year, every glass container manufacturer shall report to the Department of Environmental Quality, in accordance with a method established by the department, the total amount, in tons, of new glass food, drink and beverage containers made in Oregon or sold to packagers located in Oregon by the glass container manufacturer during the previous calendar year, and the tons of recycled glass used in manufacturing the new containers. A glass container manufacturer located more than 750 miles from the borders of this state shall report to the department only for those years in which the glass container manufacturer sells more than 1,000 tons of new glass containers to packagers located in Oregon
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(2) For glass containers manufactured in Oregon or within 750 miles of the borders of this state, each glass container manufacturer shall use the following minimum percentages of recycled glass in manufacturing glass food, drink or beverage containers: (a) Thirty-five percent on …
ORS 459A.552 Recycling and recovery of used oil; goal. It is the goal of the State of Oregon that the amount of recycling and recovery of used oil from households in Oregon shall be at least 70 percent. [1993 c.527 §2; 2005 c.22 §337]
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Note: 459A.552 to 459A.599 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 459A.554 Reduction, reuse and recovery of used oil. After consideration of technical and economic feasibility, the Department of Environmental Quality and all persons in Oregon shall encourage the management of used oil in Oregon as follows
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(1) First, to reduce the amount of used oil generated; (2) Second, to reuse oil by rerefining the oil; and (3) Third, to recover energy from the used oil and use the oil for other secondary uses. [1993 c.527 §3] Note: See note under 459A.552.