(a) Collecting the refund value of beverage containers specified in ORS 459A.705 from distributors or importers and refunding to dealers the amount the dealers paid for the refund value of empty beverage containers;
(b) Paying the refund value specified in ORS 459A.705 for beverage containers sold in this state;
(c) Processing beverage containers sold in this state; and
(d) Maintaining a registry of all beverage containers sold and redeemed in this state.
(2) A distributor cooperative established under this section must service a majority of the dealers in this state.
(3) If a distributor cooperative is established, a dealer that uses the distributor cooperative to redeem and process beverage containers sold in this state is not required to return beverage containers to a distributor or importer that does not participate in the distributor cooperative, provided that the dealer or the distributor cooperative provides an accounting to the distributor or importer of the beverage containers by brand and kind that were distributed by the distributor or importer and subsequently redeemed by the dealer or distributor cooperative.
(4) Upon receipt of the accounting required by subsection (3) of this section, a distributor or importer that does not participate in the distributor cooperative must pay the refund value of the redeemed beverage containers specified in the accounting to the dealer or distributor cooperative that provided the accounting.
(5) A distributor or importer that does not participate in a distributor cooperative to redeem and process beverage containers shall register with the distributor cooperative as a nonparticipating distributor or importer and shall report, in a form and manner as required by the distributor cooperative, information necessary for the distributor cooperative to maintain the beverage container registry described in subsection (6) of this section.
(6) A distributor cooperative shall maintain a registry of all types of beverage containers sold and redeemed in this state for all registered entities that describes the beverage containers using the following information for each beverage container:
(a) The name of the beverage contained in the beverage container as identified through the use of letters, words or symbols on the product label affixed to the beverage container;
(b) The type of beverage contained in the beverage container using an appropriate categorization method for beverages as determined by the distributor cooperative;
(c) The size of the beverage container;
(d) Whether the beverage container is glass, metal or plastic; and
(e) If applicable, the universal product code or European article number on the product label affixed to the beverage container.
(7)(a) For purposes of this subsection, beverage container return data is the number of beverage containers returned for the refund value specified in ORS 459A.705 in Oregon during the calendar year and the number of beverage containers that carry a refund value specified in ORS 459A.705 sold in Oregon during the calendar year, calculated separately.
(b) By July 1 of each calendar year, a distributor cooperative shall provide the Oregon Liquor and Cannabis Commission with a report that lists, in aggregate form:
(A) For all distributors and importers that participate in the distributor cooperative, the previous calendar year’s beverage container return data, calculated separately for glass, metal and plastic beverage containers; and
(B) The registry of all beverage containers sold and redeemed in this state during the previous calendar year.
(c) By July 1 of each calendar year, a distributor or importer that does not participate in a distributor cooperative shall provide the commission with a report that lists the distributor’s or the importer’s beverage container return data for the previous calendar year, calculated separately for glass, metal and plastic beverage containers.
(8)(a) By August 1 of each calendar year, using the beverage container return data provided in subsection (7)(b) of this section, the Oregon Liquor and Cannabis Commission shall calculate the previous calendar year’s percentage of beverage containers returned for the refund value specified in ORS 459A.705 for each distributor cooperative. The commission shall carry out the calculation separately for glass, metal and plastic beverage containers and shall post the percentages on the commission’s website.
(b) By August 1 of each calendar year, using the beverage container return data provided in subsection (7)(c) of this section, the commission shall calculate the previous calendar year’s percentage of beverage containers returned for the refund value specified in ORS 459A.705 for each distributor or importer that does not participate in a distributor cooperative. The commission shall carry out the calculation separately for glass, metal and plastic beverage containers and shall post the percentages on the commission’s website.
(c) By August 1 of each calendar year, using the beverage container return data provided in subsection (7)(b) and (c) of this section, the commission shall calculate the previous calendar year’s percentage of beverage containers returned for the refund value specified in ORS 459A.705 for all distributors and importers in Oregon. The commission shall carry out the calculation for all beverage containers, and separately for glass, metal and plastic beverage containers, and shall post the percentages on the commission’s website.
(d) Except for the percentages described in paragraphs (a) to (c) of this subsection or in a proceeding under ORS 459A.717 for a violation of subsection (7) of this section, the commission may not disclose any information provided by a distributor, an importer or a distributor cooperative under subsection (7) of this section.
(9)(a) In order to determine compliance with the provisions of subsection (7) of this section, within six months of the date that the commission receives a report described in subsection (7)(b) and (c) of this section, the commission may review or audit the records of each reporting distributor cooperative, or each reporting distributor or importer that does not participate in a distributor cooperative.
(b)(A) If in the course of a review described in paragraph (a) of this subsection the commission determines that an audit of a distributor cooperative, distributor or importer is necessary, the commission shall require the distributor cooperative, distributor or importer to retain an independent financial audit firm to determine the accuracy of information contained in the report. The distributor cooperative, distributor or importer that is the subject of review shall pay the costs of the audit. The audit must be limited to the records described in paragraph (a) of this subsection.
(B) The commission shall adopt rules to carry out the provisions of this paragraph. [2012 c.100 §2; 2013 c.157 §4; 2019 c.183 §1; 2021 c.351 §28]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 459A - Reuse and Recycling
Section 459A.005 - "Opportunity to recycle" defined.
Section 459A.007 - Opportunity to recycle program elements; local government fee.
Section 459A.008 - Expanded education and promotion program.
Section 459A.010 - Policy; statewide goals; recovery rates.
Section 459A.012 - Alternative recovery rate calculation methods; rules.
Section 459A.015 - Commission duties.
Section 459A.020 - Statewide integrated solid waste management plan; review; revision.
Section 459A.025 - Adoption of rules regarding waste disposal and recycling.
Section 459A.027 - Legislative findings.
Section 459A.035 - Solid waste composition study.
Section 459A.045 - Request for modification or variance.
Section 459A.050 - Recycling reports.
Section 459A.055 - Variance or request for extension to provide opportunity to recycle.
Section 459A.065 - Mandatory participation in recycling.
Section 459A.070 - Limitation on amount charged person who source separates recyclable material.
Section 459A.075 - Exemptions.
Section 459A.080 - Prohibitions against removing or mixing recyclable material; rules.
Section 459A.100 - Definitions for ORS 459A.100 to 459A.120.
Section 459A.120 - Use of additional fees.
Section 459A.125 - Maximum amount of additional fee; adjustments.
Section 459A.130 - Rebate of additional fee to economically distressed counties.
Section 459A.200 - Definitions.
Section 459A.203 - Requirement to participate in drug take-back program; rules; fines.
Section 459A.206 - Organization of program operator.
Section 459A.209 - Plan for drug take-back program; requirements; approval; updated plans.
Section 459A.212 - Changes to program; preapproval; notification; rules.
Section 459A.215 - Authorized collectors; rules.
Section 459A.218 - Drop-off sites; rules.
Section 459A.221 - Covered drug collection events.
Section 459A.224 - Disposal of covered drugs.
Section 459A.227 - Public awareness.
Section 459A.230 - Annual report.
Section 459A.233 - Costs of participation in drug take-back program.
Section 459A.236 - Inspection and audit.
Section 459A.239 - Enforcement; civil penalties.
Section 459A.245 - Secure Drug Take-Back Account.
Section 459A.251 - Application of antitrust laws.
Section 459A.254 - Confidentiality.
Section 459A.257 - Nonapplicability of Uniform Controlled Substances Act.
Section 459A.260 - State preemption of local laws.
Section 459A.263 - Interagency agreements.
Section 459A.300 - Legislative findings.
Section 459A.305 - Definitions for ORS 459A.305 to 459A.355.
Section 459A.315 - Registration by manufacturer; fees.
Section 459A.320 - Manufacturer program plan; state contractor program.
Section 459A.322 - Recycling credits; reporting; rules.
Section 459A.325 - Recycling fee for manufacturer participating in state contractor program.
Section 459A.340 - Duties of department.
Section 459A.350 - Disposition of fees.
Section 459A.355 - Covered Electronic Devices Account; interest; uses.
Section 459A.360 - Evaluation by department of certain federal laws.
Section 459A.365 - City and county regulation of collection of solid waste.
Section 459A.475 - Legislative findings; policy.
Section 459A.480 - State agency recycling program; requirements; training.
Section 459A.490 - Paper conservation.
Section 459A.500 - Definitions for ORS 459A.500 to 459A.520.
Section 459A.505 - Minimum recycled content for newsprint.
Section 459A.515 - Annual report to department; content.
Section 459A.520 - Minimum recycled content for directories.
Section 459A.552 - Recycling and recovery of used oil; goal.
Section 459A.554 - Reduction, reuse and recovery of used oil.
Section 459A.555 - Definitions for ORS 459A.552 to 459A.599.
Section 459A.560 - Legislative findings.
Section 459A.565 - Used oil to be collected and recycled.
Section 459A.570 - Used oil information center; public education.
Section 459A.575 - Oil recycling information to be posted; rules.
Section 459A.580 - Prohibited disposal of used oil.
Section 459A.585 - Enforcement powers of commission.
Section 459A.590 - Use, management, disposal and resource recovery; rules.
Section 459A.595 - Use for dust suppression or as herbicide.
Section 459A.599 - Short title.
Section 459A.630 - Motor vehicle mercury light switches.
Section 459A.650 - Definitions for ORS 459A.650 to 459A.665.
Section 459A.657 - Recycling rate; hearings on decreased rate.
Section 459A.660 - Manufacturer records; certification by package manufacturer; exempt containers.
Section 459A.700 - Definitions for ORS 459A.700 to 459A.744.
Section 459A.702 - Applicability of ORS 459A.700 to 459A.744.
Section 459A.705 - Refund value.
Section 459A.710 - Practices required of dealers and distributors.
Section 459A.711 - Space occupied by dealer described.
Section 459A.717 - Civil penalties.
Section 459A.725 - Certification of containers as reusable by more than one manufacturer; rules.
Section 459A.737 - Full-service redemption centers; registration; fees; rules.
Section 459A.738 - Convenience zones.
Section 459A.741 - Dealer redemption centers.
Section 459A.755 - Definitions.
Section 459A.757 - Prohibition on provision of certain checkout bags; exceptions.
Section 459A.759 - State preemption of certain local provisions.
Section 459A.775 - "State agency" defined.
Section 459A.785 - Effective recycling program; standards for determining.
Section 459A.822 - Definitions for ORS 459A.820 to 459A.855.
Section 459A.825 - Participation in architectural paint stewardship program.
Section 459A.837 - Notification regarding changes to architectural paint stewardship program.
Section 459A.840 - Conduct authorized; supervision by Department of Environmental Quality; rules.
Section 459A.842 - Reports by stewardship organizations.
Section 459A.847 - Data disclosure.
Section 459A.850 - Orders; actions.
Section 459A.855 - Product Stewardship Fund; sources; uses.
Section 459A.860 - Legislative findings.
Section 459A.863 - Definitions.
Section 459A.866 - Determining producers of covered products.
Section 459A.869 - Requirements for producers and producer responsibility organizations; rules.
Section 459A.872 - Exemptions; rules.
Section 459A.875 - Producer responsibility program plan.
Section 459A.878 - Approval of producer responsibility program plan.
Section 459A.881 - Producer responsibility program plan amendments.
Section 459A.884 - Membership fees charged by producer responsibility organization.
Section 459A.887 - Annual report; materials disposition report.
Section 459A.890 - Compensation to local governments; needs assessment; rules.
Section 459A.893 - Development of educational resources; promotional campaigns.
Section 459A.896 - Other duties of producer responsibility organization.
Section 459A.899 - Oregon Recycling System Advisory Council.
Section 459A.902 - Duties of council.
Section 459A.905 - Prohibition on delivery of commingled recyclables to certain facilities.
Section 459A.908 - Roll carts.
Section 459A.911 - Other duties of local governments.
Section 459A.914 - Uniform statewide collection list; producer-collected materials; rules.
Section 459A.917 - Specifically identified materials.
Section 459A.920 - Contamination management fee; rules.
Section 459A.923 - Processor commodity risk fee; rules.
Section 459A.926 - Recycling rate of plastic.
Section 459A.929 - Contamination reduction.
Section 459A.932 - Equity study.
Section 459A.935 - Multifamily housing needs assessment.
Section 459A.941 - Waste prevention and reuse; rules.
Section 459A.944 - Life cycle evaluation; rules.
Section 459A.955 - Permit required for commingled recycling processing facility; rules.
Section 459A.956 - Certification program.
Section 459A.959 - Contamination.