Oregon 2007 bill text
Senate Bill 707
The following text was found at http://www.leg.state.or.us/07reg/measures/sb0700.dir/sb0707.en.html
Sponsored by Senators VERGER, COURTNEY, AVAKIAN, Representatives
BERGER, MERKLEY, DINGFELDER
CHAPTER ................
AN ACT
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 Oregon:
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 Oregon and includes all territory
within these limits owned by or ceded to the United States of
America.
{ - (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
Enrolled Senate Bill 707 (SB 707-B) Page 1
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:
_________________________________________________________________
Enrolled Senate Bill 707 (SB 707-B) Page 2
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 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
Enrolled Senate Bill 707 (SB 707-B) Page 3
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 - }
Enrolled Senate Bill 707 (SB 707-B) Page 4
{ + 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 Oregon as a whole. No
more than three members of the task force appointed by the
Governor may receive or have previously received a substantial
portion of their own income or their family's income from the
beverage container industry.
(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.
Enrolled Senate Bill 707 (SB 707-B) Page 5
(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. + }
----------
Passed by Senate April 23, 2007
Repassed by Senate May 25, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 24, 2007
...........................................................
Speaker of House
Updated
August 30, 2009
