CHAPTER 745
AN ACT
[HB 1036]
Relating
to beverage containers; and providing penalties.
Be It Enacted by the People of the State of Oregon:
SECTION
1. As used in
this Act, unless the context requires otherwise:
(1) Beverage means beer or other malt beverages and
mineral waters, soda water and similar carbonated soft drinks in liquid form
and intended for human consumption.
(2) Beverage container means the individual,
separate, sealed glass, metal or plastic bottle, can, jar or carton containing
a beverage.
(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 section 8 of this Act.
(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) 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) Manufacturer means every person bottling,
canning or otherwise filling beverage containers for sale to distributors or dealers.
(9) 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) 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.
SECTION
2. (1) Except as
provided in subsection (2) of this section, every beverage container sold or
offered for sale in this state shall have a refund value of not less than five
cents.
(2) Every beverage container certified as provided in
section 6 of this Act, sold or offered for sale in this state, shall have a
refund value of not less than two cents.
SECTION
3. Except as
provided in section 4 of this Act:
(1) A dealer shall not refuse to accept from a
consumer any empty beverage containers of the kind, size and brand
sold by the dealer, or refuse to pay to the consumer the refund value of
a beverage container as established by section 2 of this Act.
(2) A distributor shall not refuse to accept from a
dealer any empty beverage containers of the kind, size and brand
sold by the distributor, or refuse to pay the dealer the refund value of
a beverage container as established by section 2 of this Act.
SECTION
4. (1) A dealer may refuse to accept from a
consumer, and a distributor may refuse to accept from a dealer any empty
beverage container which does not state thereon a
refund value as established by section 2 of this Act.
(2) A dealer may refuse to accept and to pay the
refund value of 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 commission approving a redemption center under section 8 of this
Act.
SECTION
5. (1) Every
beverage container sold or offered for sale in this state by a dealer shall
clearly indicate by embossing or by a stamp, or by a label or other method
securely affixed to the beverage container, the refund value of the container.
(2) Subsection (1) of this section shall not apply to
glass beverage containers designed for beverages having a brand name
permanently marked thereon which, on the operative
date of this Act had a refund value of not less than five cents.
(3) No person shall sell or offer for sale at retail
in this state any metal beverage container so designed and constructed that a
part of the container is detachable in opening the container without the aid of
a can opener.
SECTION
6. (1) To promote
the use in this state of reusable beverage containers of uniform design, and to
facilitate the return of containers to manufacturers for reuse as a beverage
container, the commission shall certify beverage containers
which satisfy the requirements of this section.
(2) A beverage container shall be
certified if:
(a) It is
reusable as a beverage container by more than one manufacturer in the ordinary
course of business; and
(b) More than
one manufacturer will in the ordinary course of business
accept the beverage container for reuse as a beverage container and pay
the refund value of the container.
(3) A beverage container shall not
be certified under this section if by reason of its shape or design, or by
reason of words or symbols permanently inscribed thereon, whether by engraving,
embossing, painting or other permanent method, it is reusable as a beverage
container in the ordinary course of business only by a manufacturer of a
beverage sold under a specific brand name.
SECTION
7. (1) Unless an
application for certification under section 6 of this Act is
denied by the commission within 60 days after the filing of the
application, the beverage container shall be deemed certified.
(2) The commission may review at any time
certification of a beverage container. If
after such review, with written notice and hearing afforded to the person who
filed the application for certification under section 6 of this Act, the
commission determines the container is no longer qualified for certification,
it shall withdraw certification.
(3) Withdrawal of certification shall be effective not
less than 30 days after written notice to the person who filed the application
for certification under section 6 of this Act and to the manufacturers referred
to in subsection (2) of section 6 of this Act.
SECTION
8. (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 consumers 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 beverage containers
which 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
consumers 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 the redemption center must accept.
The order may contain such other provisions to insure 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
9. The procedures
for certification or withdrawal provided for in sections 6 to 8 of this Act
shall be in accordance with ORS chapter 183.
SECTION
10. (1) Any person
who violates section 2, 3 or 5 of this Act shall be punished,
upon conviction, as for a misdemeanor.
(2) In addition to the penalty prescribed by
subsection (1) of this section, the commission or the State Department of
Agriculture may revoke or suspend the license of any person who wilfully violates section 2, 3 or 5 of this Act, who is required by ORS chapter 471 or 635, respectively, to have
a license.
SECTION
11. (1) During the
period commencing October 1, 1972, and ending when it submits the report
provided for in subsection (2) of this section, the Legislative Fiscal
Committee shall cause to be conducted a study of the
operation of sections 1 to 10 of this Act that shall include, but not be
limited to, an analysis of:
(a) Its
economic impact on persons licensed under ORS chapter 635 who engage in the
nonalcoholic beverage manufacturing business, on persons engaged in the
business of manufacturing beer and other malt beverages and on persons engaged
in the business of manufacturing beverage containers in complying with the
provisions of sections 1 to 10 of this Act.
(b) The
problems, if any, incurred in the distribution, sale and return of beverage
containers subject to the provisions of sections 1 to 10 of this Act.
(c) The effectiveness of the provisions of sections 1 to 10 of this Act
in the reduction of the incidence of the littering by beverage containers in
this state.
(d) The costs
incurred in the enforcement of the provisions of sections 1 to 10 of this Act.
(2) Prior to January 1, 1975, the
Legislative Fiscal Committee shall prepare and submit to the Fifty-eighth
Legislative Assembly of the State of Oregon a report of its findings made
pursuant to subsection (1) of this section and its recommendations with respect
to any legislative proposals considered by it to be necessary as the result of
the study conducted as required by subsection (1) of this section.
SECTION
12. This Act shall not become operative until October 1, 1972, and
shall apply to all beverage containers sold or offered for sale after October
1, 1972, except that applications under sections 6 and 8 of this Act may be
made prior to October 1, 1972, the certification referred to in section 6 of
this Act and the approval referred to under section 8 of this Act may be
delivered prior to October 1, 1972, and the commission shall adopt rules and
regulations under sections 6 and 8 of this Act prior to October 1, 1972.
Approved by the Governor July 2, 1971.
Filed in the office of Secretary of State July 2,
1971.
Transcription
of House Bill 1036 from Oregon Laws and
Resolutions: Enacted and Adopted by the Regular Session of the Fifty-sixth
Legislative Assembly Beginning January 11 and Ending June 10 1971. Salem, Oregon: Oregon
Legislative Assembly.