Chapter 303
AN ACT
SB 707
Relating to beverage containers; creating new provisions; amending ORS
459A.700, 459A.710, 459A.715 and 459A.735; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 459A.700 is amended to read:
459A.700. As used in ORS 459.992 (3) and (4) and 459A.700 to 459A.740,
unless the context requires otherwise:
(1) “Beverage” means water
and flavored water, beer or other malt beverages and mineral waters, soda
water and similar carbonated soft drinks in liquid form and intended for human
consumption.
(2)(a) “Beverage
container” means [the] an
individual, separate, sealed glass, metal or plastic [bottle, can, jar, or carton] bottle or can containing a
beverage in a quantity less than or equal to three fluid liters.
(b) “Beverage container”
does not include cartons, foil pouches and drink boxes.
(3) “Commission” means
the Oregon Liquor Control Commission.
(4) “Consumer” means
every person who purchases a beverage in a beverage container for use or
consumption.
(5) “Dealer” means every
person in this state who engages in the sale of beverages in beverage
containers to a consumer, or means a redemption center certified under ORS
459A.735.
(6) “Distributor” means
every person who engages in the sale of beverages in beverage containers to a
dealer in this state including any manufacturer who engages in such sales.
(7) “Importer” means
any dealer or manufacturer who directly imports beverage containers into this
state.
[(7)] (8) “In this state” means within the exterior limits of
the State of
[(8)] (9) “Manufacturer” means every person bottling, canning
or otherwise filling beverage containers for sale to distributors, importers
or dealers.
[(9)] (10) “Place of business of a dealer” means the location
at which a dealer sells or offers for sale beverages in beverage containers to
consumers.
[(10)] (11) “Use or consumption” includes the exercise of any
right or power over a beverage incident to the ownership thereof, other than
the sale or the keeping or retention of a beverage for the purposes of sale.
(12) “Water and
flavored water” means any beverage identified through the use of letters, words
or symbols on its product label as a type of water.
SECTION 2. ORS 459A.710 is amended to read:
459A.710. Except as provided in ORS 459A.715:
(1)(a) Except as
provided in paragraph (b) of this subsection, a dealer [shall] may not refuse to accept
from any person any empty beverage containers [of] that contained the kind[, size and brand] of beverage sold by the dealer, or refuse
to pay to that person the refund value of a beverage container as established
by ORS 459A.705.
(b) A dealer that
occupies a space of less than 5,000 square feet in a single area may refuse to
accept from any person any empty beverage containers of the kind, size and
brand that the dealer does not sell.
(2) A distributor [shall] or importer may not refuse
to accept from a dealer any empty beverage containers of the kind, size and
brand sold by the distributor or importer, or refuse to pay the dealer
the refund value of a beverage container as established by ORS 459A.705.
(3) The manufacturer,
distributor or importer of any beverage sold in this state shall ensure that
all dealers or redemption centers in this state that redeem beverage containers
are paid the refund value for those beverage containers and that those beverage
containers are collected from the dealer or redemption center in a timely
manner.
SECTION 3. ORS 459A.715 is amended to read:
459A.715. (1) A dealer
may refuse to accept from any person, and a distributor may refuse to accept
from a dealer, any empty beverage container that does not state thereon a
refund value as established by ORS 459A.705.
(2) A dealer may refuse
to accept and to pay the refund value of:
(a) Empty beverage
containers if the place of business of the dealer and the kind [and brand] of empty beverage containers
are included in an order of the Oregon Liquor Control Commission approving a
redemption center under ORS 459A.735.
(b) Any beverage
container visibly containing or contaminated by a substance other than water,
residue of the original contents or ordinary dust.
(c)(A) More than
144 individual beverage containers returned by any one person during one day,
if the dealer occupies a space of 5,000 or more square feet in a single area.
(B) More than 50
individual beverage containers returned by any one person during one day, if
the dealer occupies a space of less than 5,000 square feet in a single area.
(d) Any beverage
container that is damaged to the extent that the brand appearing on the
container cannot be identified.
(3)(a) In order
to refuse containers under subsection (2)(b), (c)(A) or (d) of this
section, if a dealer occupies a space of 5,000 or more square feet in a
single area, the dealer must post in each area where containers are
received a clearly visible and legible sign containing the following information:
______________________________________________________________________________
NOTICE:
Oregon Law allows a dealer to refuse to accept:
1. Beverage containers
visibly containing or contaminated by a substance other than water, residue of
the original contents or ordinary dust;
2. More than 144
individual beverage containers from any one person during one day; or
3. Beverage containers
that are damaged to the extent that the brand appearing on the container cannot
be identified.
______________________________________________________________________________
(b) In order to
refuse containers under subsection (2)(b), (c)(B) or (d) of this section, if a
dealer occupies a space of less than 5,000 square feet in a single area, the
dealer must post in each area where containers are received a clearly visible
and legible sign containing the following information:
____________________________________________________________________________
NOTICE:
1. Beverage containers
visibly containing or contaminated by a substance other than water, residue of
the original contents or ordinary dust;
2. More than 50
individual beverage containers from any one person during one day; or
3. Beverage containers
that are damaged to the extent that the brand appearing on the container cannot
be identified.
____________________________________________________________________________
SECTION 4. ORS 459A.715, as amended by section 3 of this
2007 Act, is amended to read:
459A.715. (1) A dealer
may refuse to accept from any person, and a distributor or importer may
refuse to accept from a dealer, any empty beverage container that does not
state thereon a refund value as established by ORS 459A.705.
(2) A dealer may refuse
to accept and to pay the refund value of:
(a) Empty beverage
containers if the place of business of the dealer and the kind of empty
beverage containers are included in an order of the Oregon Liquor Control
Commission approving a redemption center under ORS 459A.735.
(b) Any beverage
container visibly containing or contaminated by a substance other than water,
residue of the original contents or ordinary dust.
(c)(A) More than 144
individual beverage containers returned by any one person during one day, if the
dealer occupies a space of 5,000 or more square feet in a single area.
(B) More than 50
individual beverage containers returned by any one person during one day, if
the dealer occupies a space of less than 5,000 square feet in a single area.
(d) Any beverage
container that is damaged to the extent that the brand appearing on the
container cannot be identified.
(3)(a) In order to
refuse containers under subsection (2)(b), (c)(A) or (d) of this section, if a
dealer occupies a space of 5,000 or more square feet in a single area, the
dealer must post in each area where containers are received a clearly visible
and legible sign containing the following information:
______________________________________________________________________________
NOTICE:
Oregon Law allows a dealer to refuse to accept:
1. Beverage containers
visibly containing or contaminated by a substance other than water, residue of
the original contents or ordinary dust;
2. More than 144
individual beverage containers from any one person during one day; or
3. Beverage containers
that are damaged to the extent that the brand appearing on the container cannot
be identified.
______________________________________________________________________________
(b) In order to refuse
containers under subsection (2)(b), (c)(B) or (d) of this section, if a dealer
occupies a space of less than 5,000 square feet in a single area, the dealer
must post in each area where containers are received a clearly visible and
legible sign containing the following information:
____________________________________________________________________________
NOTICE:
Oregon Law allows a dealer to refuse to accept:
1. Beverage containers
visibly containing or contaminated by a substance other than water, residue of
the original contents or ordinary dust;
2. More than 50
individual beverage containers from any one person during one day; or
3. Beverage containers
that are damaged to the extent that the brand appearing on the container cannot
be identified.
____________________________________________________________________________
SECTION 5. ORS 459A.735 is amended to read:
459A.735. (1) To
facilitate the return of empty beverage containers and to serve dealers of
beverages, any person may establish a redemption center, subject to the
approval of the Oregon Liquor Control Commission, at which any person may
return empty beverage containers and receive payment of the refund value of
such beverage containers.
(2) Application for
approval of a redemption center shall be filed with the commission. The
application shall state the name and address of the person responsible for the
establishment and operation of the redemption center, the kind [and brand names of the] of
beverage containers [which] that
will be accepted at the redemption center and the names and addresses of the
dealers to be served by the redemption center. The application shall include
such additional information as the commission may require.
(3) The commission shall
approve a redemption center if it finds the redemption center will provide a
convenient service to persons for the return of empty beverage containers. The
order of the commission approving a redemption center shall state the dealers
to be served by the redemption center and the kind [and brand names] of empty beverage containers [which] that the redemption center must accept. The order may
contain such other provisions to [insure]
ensure the redemption center will provide a convenient service to the
public as the commission may determine.
(4) The commission may
review at any time approval of a redemption center. After written notice to the
person responsible for the establishment and operation of the redemption
center, and to the dealers served by the redemption center, the commission may,
after hearing, withdraw approval of a redemption center if the commission finds
there has not been compliance with its order approving the redemption center,
or if the redemption center no longer provides a convenient service to the
public.
SECTION 6. Section 7 of this 2007 Act is added to and
made a part of ORS 459A.700 to 459A.740.
SECTION 7. Any manufacturer, distributor or importer
that fails to pay to a dealer or redemption center the refund value of beverage
containers and to collect beverage containers as required by ORS 459A.710 (3)
is liable to the dealer or redemption center for treble the unpaid refund value
and treble the collection costs incurred by the dealer or redemption center for
any beverage containers that were not collected as required.
SECTION 8. (1) There is created the Bottle Bill Task
Force, consisting of nine members appointed as follows:
(a) The President of the
Senate shall appoint one member from among members of the Senate.
(b) The Speaker of the
House of Representatives shall appoint one member from among members of the
House of Representatives.
(c) The Governor shall
appoint seven members based upon their ability to represent the best interests
of
(2) The task force shall
study and make recommendations on beverage container collection and refund
matters, including but not limited to:
(a) Establishing and
paying for redemption centers to redeem beverage containers;
(b) Expanding the list
of beverages to be included in the definition of “beverage” in ORS 459A.700;
(c) Increasing the
refund value to be paid when redeeming beverage containers;
(d) Limiting the
redemption of beverage containers that are purchased out of state; and
(e) Collecting and
utilizing the refund value of unredeemed beverage containers.
(3) A majority of the
members of the task force constitutes a quorum for the transaction of business.
(4) Official action by
the task force requires the approval of a majority of the members of the task
force.
(5) The Governor shall
designate one member of the Bottle Bill Task Force to serve as chairperson, who
shall serve as chairperson at the pleasure of the Governor.
(6) If there is a
vacancy for any cause, the appointing authority shall make an appointment to
become immediately effective.
(7) The task force shall
meet at times and places specified by the call of the chairperson or of a
majority of the members of the task force.
(8) The task force may
adopt rules necessary for the operation of the task force.
(9) The task force shall
submit a report, and shall include recommendations for legislation, to the
interim legislative committees on environment and natural resources on or
before November 1, 2008.
(10) The Legislative
Administrator shall provide staff support to the task force, with the support
of the Department of Environmental Quality.
(11) Members of the task
force are not entitled to compensation or reimbursement for expenses and serve
as volunteers on the task force.
(12) All agencies of
state government, as defined in ORS 174.111, are directed to assist the task
force in the performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their duties.
(13) For the purposes of
this section, “beverage” and “beverage container” have the meanings given those
terms in ORS 459A.700.
SECTION 9. Section 8 of this 2007 Act is repealed on
July 1, 2009.
SECTION 10. Sections 6 and 7 of this 2007 Act and the
amendments to ORS 459A.700, 459A.710, 459A.715 and 459A.735 by sections 1, 2, 4
and 5 of this 2007 Act become operative January 1, 2009.
SECTION 11. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 7, 2007
Filed in the office of Secretary of State June 7, 2007
Effective date June 7, 2007
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