68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
Senate Bill 950
Sponsored by COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND
ENVIRONMENT
CHAPTER ................
AN ACT
Relating to exempt rigid plastic containers; amending ORS
459A.660; and repealing section 1, chapter ___, Oregon Laws
1995 (Enrolled Senate Bill 279).
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. ORS 459A.660 is amended
to read:
459A.660. (1) { - On and after March 1, 1995, - } 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 were exempt under
subsection (5) of this section during the preceding calendar
year. 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) { - 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 to determine that the container is exempt from the
requirements of ORS 459A.655 for one of the following reasons - }
{ + Rigid plastic containers are exempt from the requirements
of ORS 459A.655 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 which 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 products regulated under the
Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. ��136 to 136y.
(g) The containers are manufactured for use in the shipment of
hazardous material and are prohibited without exemption from
being manufactured with used material by federal packaging
material specifications and testing standards set forth in 49 CFR
178.509, 178.522 and 178.600 to 178.609.
(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. + }
**************************** SECTION 2. { + 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 1 of this Act, is further amended
to read: + }
Enrolled Senate Bill 950 Page 2
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 were exempt under subsection (5) of this section
during the preceding calendar year. 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 which 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
Enrolled Senate Bill 950 Page 3
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 products regulated under the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. ��136 to
136y.
(g) The containers are manufactured for use in the shipment of
hazardous material and are prohibited without exemption from
being manufactured with used material by federal packaging
material specifications and testing standards set forth in 49 CFR
178.509, 178.522 and 178.600 to 178.609.
{ + (h) 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.
----------
Passed by Senate May 2, 1995
Repassed by Senate May 26, 1995
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 24, 1995
...........................................................
Speaker of House
Enrolled Senate Bill 950 Page 4
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled Senate Bill 950 Page 5