ORS 459A.335¹
Requirements for sale of covered electronic devices by retailers
  • retailer’s duty to consumers regarding information about recycling covered electronic devices

(1) A retailer may not sell or offer for sale any covered electronic device in or for delivery into this state unless:

(a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible;

(b) The brand is included on the list posted by the Department of Environmental Quality pursuant to ORS 459A.340 (Duties of department) (1); and

(c) The list posted by the department pursuant to ORS 459A.340 (Duties of department) (1) specifies that the manufacturer is in compliance with the requirements of ORS 459A.305 (Definitions for ORS 459A.305 to 459A.355) to 459A.355 (Covered Electronic Devices Account).

(2) A retailer shall provide to a consumer at the time of the sale of a covered electronic device information from the department’s website that provides details about where and how a consumer can recycle covered electronic devices in Oregon. The information shall be provided in printed form for in-store sales and in printable form for Internet sales and other sales where the Internet is involved. [2007 c.302 §9]

Note: Section 19 (1), chapter 302, Oregon Laws 2007, provides:

Sec. 19. (1) Section 9 (1) of this 2007 Act [459A.335 (Requirements for sale of covered electronic devices by retailers) (1)] applies to covered electronic devices sold by a retailer on or after January 1, 2009. [2007 c.302 §19(1)]

Note: See note under 459A.300 (Legislative findings).

Notes of Decisions

The "bottle bill" is a valid exercise of Oregon's police power and is valid under the U.S. Constitu­tion and the Oregon Constitu­tion. Am. Can Co. v. Ore. Liquor Control Comm., 15 Or App 618, 517 P2d 691 (1973)

Atty. Gen. Opinions

Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

53 OLR 479-482 (1974); 4 EL 419-427 (1974); 54 OLR 175 (1975)

Law Review Cita­tions

15 EL 387 (1985)

1 Legislative Counsel Committee, CHAPTER 459A—Reuse and Recycling, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors459A.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 459A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­459aano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information