2017 ORS 459A.305¹
Definitions for ORS 459A.305 to 459A.355

As used in ORS 459A.305 (Definitions for ORS 459A.305 to 459A.355) to 459A.355 (Covered Electronic Devices Account):

(1) “Brand” means a name, symbols, words or marks that identify a covered electronic device, rather than any of its components, and attribute the device to the owner of the brand as the manufacturer.

(2) “Collector” means an entity that collects covered electronic devices as part of a manufacturer program or the state contractor program.

(3) “Computer peripheral” means:

(a) A keyboard or mouse sold exclusively for external use with a computer as a wireless or corded device that provides input into, or output from, a computer; or

(b) Cords used with a keyboard or mouse described in paragraph (a) of this subsection.

(4)(a) “Covered electronic device” means:

(A) A computer monitor of any type having a viewable area greater than four inches measured diagonally;

(B) A desktop computer or portable computer;

(C) A television of any type having a viewable area greater than four inches measured diagonally;

(D) A computer peripheral; or

(E) A printer.

(b) “Covered electronic device” does not include:

(A) Any part of a motor vehicle;

(B) Any part of a larger piece of equipment designed and intended for use in an industrial, commercial or medical setting, such as diagnostic, monitoring or control equipment;

(C) Telephones or personal digital assistants of any type unless the telephone or personal digital assistant contains a viewable area greater than four inches measured diagonally; or

(D) Any part of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier.

(5) “Covered entity” means any Oregon household, a business that employs 10 or fewer individuals, a not-for-profit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code that employs 10 or fewer individuals, or any person giving seven or fewer covered electronic devices to a collector at any one time.

(6) “Environmentally sound management practices” means practices that comply with all applicable laws, including but not limited to adequate record keeping, tracking the fate of recycled materials, performance audits and inspections, provisions for reuse and refurbishment, compliance with worker health and safety requirements, maintaining liability insurance and financial assurances and practices that may be adopted by rule by the Environmental Quality Commission.

(7)(a) “Manufacturer” means any person, irrespective of the selling technique used, including by means of remote sale:

(A) That manufactures covered electronic devices under a brand that it owns or is licensed to use;

(B) That sells covered electronic devices manufactured by others under a brand that the seller owns;

(C) That manufactures covered electronic devices without affixing a brand;

(D) That manufactures covered electronic devices to which it affixes a brand that it does not own; or

(E) On whose account covered electronic devices manufactured outside the United States are imported into the United States. This subparagraph does not apply if, at the time the covered electronic devices are imported into the United States, another person is registered as the manufacturer of the brand of the covered electronic devices.

(b) “Manufacturer” does not include a person:

(A) With a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licenser.

(B) That manufactures only computer peripherals and no other covered electronic devices.

(8) “Manufacturer program” means a statewide plan for collecting, transporting and recycling covered electronic devices that is provided by a single manufacturer or group of manufacturers pursuant to ORS 459A.320 (Manufacturer program plan).

(9) “Orphan device” means a covered electronic device for which no manufacturer can be identified.

(10) “Person” means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or other legal entity.

(11) “Portable computer” means any of the following that has a viewable area greater than four inches measured diagonally and that can be carried as one unit by an individual:

(a) A laptop computer;

(b) A notebook computer; or

(c) A notepad computer.

(12) “Premium service” means services such as at-location system upgrade services and at-home pickup services, including curbside pickup service.

(13)(a) “Printer” means a device that:

(A) Is used to make reproductions, or is multifunctional and performs one or more operations such as scanning or faxing in addition to making reproductions;

(B) Is designed to be placed on a desk or other work surface and may include an optional floor stand; and

(C) Uses print technology such as laser, electrographic, ink jet, dot matrix, thermal or digital sublimation.

(b) “Printer” does not include a device used to make reproductions that:

(A) Is floor-standing;

(B) Is a point of sale receipt printer;

(C) Is also a calculator;

(D) Can also make labels; or

(E) Is embedded in something other than a covered electronic device.

(14)(a) “Recycling” means:

(A) Processing through disassembling, dismantling, shredding, transforming or remanufacturing covered electronic devices, components and by-products into usable or marketable raw materials or products in a manner such that the original products may lose their identity; or

(B) Smelting materials from components removed from covered electronic devices to recover metals for reuse in conformance with applicable laws and rules.

(b) “Recycling” does not include:

(A) Landfill disposal or incineration of covered electronic devices; or

(B) Energy recovery or energy generation by means of combusting covered electronic devices, components and by-products with or without other waste.

(15) “Recycling credit” means a credit granted to a manufacturer program or a state contractor program for the collection, transport and recycling of covered electronic devices in an amount that exceeds the program’s return share by weight for a calendar year.

(16) “Retailer” means a person that offers new covered electronic devices for sale at retail through any means, including but not limited to remote offerings such as sales outlets, catalogs or the Internet.

(17) “Return share” means the minimum percentage of covered electronic devices that an individual manufacturer is responsible for collecting, transporting and recycling.

(18) “Return share by weight” means the minimum total weight of covered electronic devices that an individual manufacturer is responsible for collecting, transporting and recycling.

(19)(a) “Sell” or “sale” means any transfer of title for consideration, including but not limited to remote sales conducted through sales outlets, catalogs or the Internet, or any other similar electronic means.

(b) “Sell” or “sale” does not include leases.

(20) “State contractor program” means a statewide program for collecting, transporting and recycling covered electronic devices that is provided by the Department of Environmental Quality for manufacturers who pay a recycling fee to the department pursuant to ORS 459A.325 (Recycling fee for manufacturer participating in state contractor program). [2007 c.302 §2; 2011 c.548 §§3,4]

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

(formerly 459.810 to 459.890)

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)

(formerly 459.165 to 459.200)

Law Review Cita­tions

15 EL 387 (1985)

1 Legislative Counsel Committee, CHAPTER 459A—Reuse and Recycling, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 459A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.