ORS 459A.660
Manufacturer records

  • certification by package manufacturer
  • exempt containers

(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 (Minimum reuse, recycled material or recycled content for rigid plastic containers), or for what reason, if any, the containers are exempt under subsection (5) of this section for the applicable period of time. 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 (Minimum reuse, recycled material or recycled content for rigid plastic containers) (2) for the calendar year 1995.

(2)

To the extent a rigid plastic container complies with ORS 459A.655 (Minimum reuse, recycled material or recycled content for rigid plastic containers) (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 (Minimum reuse, recycled material or recycled content for rigid plastic containers) (1)(c) or recycled in the state at the rate specified in ORS 459A.655 (Minimum reuse, recycled material or recycled content for rigid plastic containers) (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 (Minimum reuse, recycled material or recycled content for rigid plastic containers) (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 (Minimum reuse, recycled material or recycled content for rigid plastic containers) (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 (Definitions for ORS 459A.650 to 459A.665) to 459A.665 (Opportunity to recycle rigid plastic containers), whether such action or proceeding is brought under ORS 459.992 (Criminal penalties), 459.995 (Civil penalties) or under any other law.

(5)

Rigid plastic containers are exempt from the requirements of ORS 459A.655 (Minimum reuse, recycled material or recycled content for rigid plastic containers) if the containers are not subject to the requirements of ORS 459A.700 (Definitions for ORS 459A.700 to 459A.744) to 459A.744 (Bottle Bill Fund) 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 that 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 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 (Minimum reuse, recycled material or recycled content for rigid plastic containers).

(7)

The department shall not enforce the provisions of ORS 459A.650 (Definitions for ORS 459A.650 to 459A.665) to 459A.660 (Manufacturer records) during the first full calendar year after the department determines for the first time that the rate for compliance for rigid plastic containers in the aggregate is less than 25 percent. For any period for which the department determines that the rate for compliance for rigid plastic containers in the aggregate equals or exceeds 25 percent, product manufacturers and package manufacturers are not required to keep records under this section and are not required to comply with the requirements of ORS 459A.655 (Minimum reuse, recycled material or recycled content for rigid plastic containers) (1)(a) and (c) and (2)(b) and (c). [1991 c.385 §34c; 1993 c.560 §98; 1993 c.563 §1; 1993 c.568 §3; 1995 c.584 §§3,4]

Source: Section 459A.660 — Manufacturer records; certification by package manufacturer; exempt containers, https://www.­oregonlegislature.­gov/bills_laws/ors/ors459A.­html.

459A.005
“Opportunity to recycle” defined
459A.007
Opportunity to recycle program elements
459A.008
Expanded education and promotion program
459A.010
Policy
459A.012
Alternative recovery rate calculation methods
459A.015
Commission duties
459A.020
Statewide integrated solid waste management plan
459A.025
Adoption of rules regarding waste disposal and recycling
459A.027
Legislative findings
459A.029
Provision of materials to local governments
459A.030
Technical assistance to local governments
459A.035
Solid waste composition study
459A.045
Request for modification or variance
459A.050
Recycling reports
459A.055
Variance or request for extension to provide opportunity to recycle
459A.065
Mandatory participation in recycling
459A.070
Limitation on amount charged person who source separates recyclable material
459A.075
Exemptions
459A.080
Prohibitions against removing or mixing recyclable material
459A.085
City, county authority to issue collection service franchises
459A.100
Definitions for ORS 459A.100 to 459A.120
459A.105
Policy
459A.110
Additional fees for programs for reduction of waste and environmental risks
459A.120
Use of additional fees
459A.125
Maximum amount of additional fee
459A.130
Rebate of additional fee to economically distressed counties
459A.200
Definitions
459A.203
Requirement to participate in drug take-back program
459A.206
Organization of program operator
459A.209
Plan for drug take-back program
459A.212
Changes to program
459A.215
Authorized collectors
459A.218
Drop-off sites
459A.221
Covered drug collection events
459A.224
Disposal of covered drugs
459A.227
Public awareness
459A.230
Annual report
459A.233
Costs of participation in drug take-back program
459A.236
Inspection and audit
459A.239
Enforcement
459A.242
Fees
459A.245
Secure Drug Take-Back Account
459A.248
Liability
459A.251
Application of antitrust laws
459A.254
Confidentiality
459A.257
Nonapplicability of Uniform Controlled Substances Act
459A.260
State preemption of local laws
459A.263
Interagency agreements
459A.266
Rules
459A.300
Legislative findings
459A.305
Definitions for ORS 459A.305 to 459A.355
459A.310
Applicability to manufacturers
459A.315
Registration by manufacturer
459A.320
Manufacturer program plan
459A.322
Recycling credits
459A.325
Recycling fee for manufacturer participating in state contractor program
459A.330
Prohibition against charging fee for collection, transportation or recycling of covered electronic devices
459A.335
Requirements for sale of covered electronic devices by retailers
459A.340
Duties of department
459A.345
Rules
459A.350
Disposition of fees
459A.355
Covered Electronic Devices Account
459A.360
Evaluation by department of certain federal laws
459A.365
City and county regulation of collection of solid waste
459A.475
Legislative findings
459A.480
State agency recycling program
459A.485
System and procedures for separation and collection of solid waste
459A.490
Paper conservation
459A.500
Definitions for ORS 459A.500 to 459A.520
459A.505
Minimum recycled content for newsprint
459A.510
Report to consumer of amount of post-consumer waste in shipment
459A.515
Annual report to department
459A.520
Minimum recycled content for directories
459A.550
Report on use of new and recycled glass
459A.552
Recycling and recovery of used oil
459A.554
Reduction, reuse and recovery of used oil
459A.555
Definitions for ORS 459A.552 to 459A.599
459A.560
Legislative findings
459A.565
Used oil to be collected and recycled
459A.570
Used oil information center
459A.575
Oil recycling information to be posted
459A.580
Prohibited disposal of used oil
459A.585
Enforcement powers of commission
459A.590
Use, management, disposal and resource recovery
459A.595
Use for dust suppression or as herbicide
459A.599
Short title
459A.600
“Compost” defined
459A.605
Rules for purchase of compost and sewage sludge by state
459A.615
Programs to use compost and sewage sludge
459A.620
Use of compost or sewage sludge by state agencies given priority
459A.630
Motor vehicle mercury light switches
459A.650
Definitions for ORS 459A.650 to 459A.665
459A.655
Minimum reuse, recycled material or recycled content for rigid plastic containers
459A.657
Recycling rate
459A.660
Manufacturer records
459A.665
Opportunity to recycle rigid plastic containers
459A.700
Definitions for ORS 459A.700 to 459A.744
459A.702
Applicability of ORS 459A.700 to 459A.744
459A.705
Refund value
459A.710
Practices required of dealers and distributors
459A.711
Space occupied by dealer described
459A.712
Liability of manufacturer, distributor and importer for failure to pay refund value of beverage containers
459A.715
Refusal of dealer or distributor to accept or pay refund in certain cases
459A.716
Return with intent to defraud
459A.717
Civil penalties
459A.718
Distributor cooperatives
459A.720
Indication of refund value
459A.725
Certification of containers as reusable by more than one manufacturer
459A.730
Decision upon certification applications
459A.735
Full-service redemption centers
459A.737
Full-service redemption centers
459A.738
Convenience zones
459A.741
Dealer redemption centers
459A.742
Inspection authority
459A.743
Certification and withdrawal procedures
459A.744
Bottle Bill Fund
459A.750
Recycling and waste reduction component of curriculum
459A.755
Definitions
459A.757
Prohibition on provision of certain checkout bags
459A.759
State preemption of certain local provisions
459A.775
“State agency” defined
459A.780
Prohibition against purchase or use of nonbiodegradable and nonrecyclable food packaging
459A.785
Effective recycling program
459A.820
Findings
459A.822
Definitions for ORS 459A.820 to 459A.855
459A.825
Participation in architectural paint stewardship program
459A.827
Plan for architectural paint stewardship program
459A.830
Collection system for post-consumer architectural paint
459A.832
Approval or denial of new or updated plans for architectural paint stewardship programs
459A.835
Approval for amendment or update to plan for architectural paint stewardship program
459A.837
Notification regarding changes to architectural paint stewardship program
459A.840
Conduct authorized
459A.842
Reports by stewardship organizations
459A.845
Estimate by Department of Environmental Quality of total volume of post-consumer architectural paint collected
459A.847
Data disclosure
459A.850
Orders
459A.852
Fees
459A.855
Product Stewardship Fund
459A.860
Legislative findings
459A.863
Definitions
459A.866
Determining producers of covered products
459A.869
Requirements for producers and producer responsibility organizations
459A.872
Exemptions
459A.875
Producer responsibility program plan
459A.878
Approval of producer responsibility program plan
459A.881
Producer responsibility program plan amendments
459A.884
Membership fees charged by producer responsibility organization
459A.887
Annual report
459A.890
Compensation to local governments
459A.893
Development of educational resources
459A.896
Other duties of producer responsibility organization
459A.899
Oregon Recycling System Advisory Council
459A.902
Duties of council
459A.905
Prohibition on delivery of commingled recyclables to certain facilities
459A.908
Roll carts
459A.911
Other duties of local governments
459A.914
Uniform statewide collection list
459A.917
Specifically identified materials
459A.920
Contamination management fee
459A.923
Processor commodity risk fee
459A.926
Recycling rate of plastic
459A.929
Contamination reduction
459A.932
Equity study
459A.935
Multifamily housing needs assessment
459A.938
Fees
459A.941
Waste prevention and reuse
459A.944
Life cycle evaluation
459A.947
Producer Responsibility Fund
459A.950
Waste Prevention and Reuse Fund
459A.955
Permit required for commingled recycling processing facility
459A.956
Certification program
459A.959
Contamination
459A.962
Enforcement and record keeping
459A.965
Prohibition on promoting acceptance of certain materials for composting
459A.968
Antitrust
459A.975
Rules
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