68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

HA to A-Eng. SB 949

LC 2581

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 949

                By COMMITTEE ON LEGISLATIVE RULES

                             June 2

  On ****************************page 1 of the printed
A-engrossed bill, line 2, delete the first 'and' and after
'459A.660' insert '; and repealing section 1, chapter ___, Oregon
Laws 1995 (Enrolled Senate Bill 279)'.
  On ****************************page 3, line 2, delete '(5)' and
insert '(3)'.
  In line 4, delete 'section 2 of this' and insert 'ORS
459A.655.'.
  Delete lines 5 through 11 and insert:
  ' (7) The department shall not enforce the provisions of ORS
459A.650 to 459A.660 during the first full calendar year after
the department determines that the rate for compliance for rigid
plastic containers in the aggregate is less than 25 percent. For
any period for which the department determines that the rate for
compliance for rigid plastic containers in the aggregate equals
or exceeds 25 percent, product manufacturers and package
manufacturers are not required to keep records under this section
and are not required to comply with the requirements of ORS
459A.655 (1)(a) and (c) and (2)(b) and (c).
  ' ****************************  { +  SECTION 4. + }  { + If
Senate Bill 279 becomes law, section 1, chapter ___, Oregon Laws
1995 (Enrolled Senate Bill 279) (amending ORS 459A.660), is
repealed, and ORS 459A.660, as amended by section 3 of this Act,
is further amended to read: + }
  ' 459A.660. (1) Each product manufacturer and package
manufacturer shall maintain the records specified in this section
that demonstrate for all rigid plastic containers of the
manufacturer, how the manufacturer has complied with one or more
of the requirements of ORS 459A.655, or for what reason, if any,
the containers are exempt under subsection (5) of this section
for the applicable period of time. Proprietary information
included in the records, if submitted to the Department of
Environmental Quality under this section shall not be made
available to the general public. The records documenting the
compliance shall be submitted to the department upon its request.
Each manufacturer required to keep records under this section may
be audited by the department. The department shall not take
enforcement action, audit or request copies of the records kept
by a manufacturer under this section before January 1, 1996, and
until the department calculates the recycling rates in ORS
459A.655 (2) for the calendar year 1995.
  ' (2) To the extent a rigid plastic container complies with ORS
459A.655 (1)(c) or (2)(c) because the product manufacturer's
particular product-associated package or all of the product
manufacturer's rigid plastic containers are being reused under
ORS 459A.655 (1)(c) or recycled in the state at the rate
specified in ORS 459A.655 (2)(c), the product manufacturer shall
keep records that include the information the department may
require to determine the product manufacturer's compliance.

  ' (3) To the extent a rigid plastic container complies with ORS
459A.655 (1)(a) or (b) or (2)(a) or (b), the package manufacturer
shall keep records that include the information the department
may require to determine the package manufacturer's compliance.
  ' (4) If subsection (3) of this section applies, the product
manufacturer also shall maintain a record of the written
certification by the package manufacturer that the rigid plastic
containers comply with ORS 459A.655 (1)(a) or (b) or (2)(a) or
(b). The certification also shall state that the package
manufacturer will maintain the records required in subsection (3)
of this section, and upon request of the department, submit to
the department records that include the information the
department may require to determine compliance. The product
manufacturer may rely on the certification as a defense in any
action or proceeding for violation of or to enforce ORS 459A.650
to 459A.665, whether such action or proceeding is brought under
ORS 459.992, 459.995 or under any other law.
  ' (5) Rigid plastic containers are exempt from the requirements
of ORS 459A.655 if { +  the containers are not subject to the
requirements of ORS 459A.700 to 459A.740 and if + }:
  ' (a) The containers contain drugs, medical devices, medical
food or infant formula as defined by the Federal Food, Drug and
Cosmetic Act, 21 U.S.C. 301 et seq.
  ' (b) The packages are associated with products produced in or
brought into the state that are destined for shipment to other
destinations outside the state and that remain with such products
upon such shipment.
  ' (c) The packaging is necessary to provide tamper-resistant
seals for public health purposes.
  ' (d) The packages are reduced packages. A package shall
qualify as reduced when the ratio of package weight per unit of
product has been reduced by at least 10 percent when compared
with the packaging used for the same product by the same packager
five years earlier. In no case may packaging reduction be
achieved, for purposes of this paragraph, by substituting a
different material category for a material that constituted a
substantial part of the packaging in question, or by packaging
changes that adversely impact either the potential for the
package to be recycled or contain recycled material. Exemptions
under this paragraph shall be limited to five years, shall not be
renewable and shall not be applicable to packages for which the
ratio of package weight per unit of product increased after
January 1, 1990.
  ' (e) There has been substantial investment in achieving the
recycling goal, viable markets for the material, if collected,
can be demonstrated, the material is within five percent of the
goal, there is substantial evidence of accelerating recycling
rates and reasonable projections show that the material will meet
the goal within two years.
  '  { +  (f) The containers contain food. A container shall be
considered to contain food if it contains an article used, or
intended to be used, for food, ice, confection or condiment,
whether simple or compound, or any part or ingredient thereof or
in the preparation thereof, and for human consumption, but a
container shall not be considered to contain food if it contains
a drinkable liquid and is a rigid plastic bottle. As used in this
paragraph, 'rigid plastic bottle' means a container that has a
mouth narrower than its base. + }
  ' (6) For any rigid plastic container not described in
subsection (3) of this section, each product manufacturer shall
keep records that include the information the department may
require as evidence that the container is exempt from the
requirements of ORS 459A.655.
  ' (7) The department shall not enforce the provisions of ORS
459A.650 to 459A.660 during the first full calendar year after
the department determines that the rate for compliance for rigid
plastic containers in the aggregate is less than 25 percent. For
any period for which the department determines that the rate for
compliance for rigid plastic containers in the aggregate equals
or exceeds 25 percent, product manufacturers and package
manufacturers are not required to keep records under this section
and are not required to comply with the requirements of ORS
459A.655 (1)(a) and (c) and (2)(b) and (c).'.
  In line 12, delete '4' and insert '5'.
  In line 34, delete '5' and insert '6'.
  In line 40, delete '6' and insert '7'.
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