2017 ORS 459A.700¹
Definitions for ORS 459A.700 to 459A.740

As used in ORS 459.992 (Criminal penalties) (3) and (4) and 459A.700 (Definitions for ORS 459A.700 to 459A.740) to 459A.740 (Certification and withdrawal procedures), unless the context requires otherwise:

(1) “Beverage” means a fluid described in ORS 459A.702 (Applicability of ORS 459A.700 to 459A.740).

(2) “Beverage container” means a container described in ORS 459A.702 (Applicability of ORS 459A.700 to 459A.740).

(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 (Redemption centers).

(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.

(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.

(9) “Manufacturer” means every person bottling, canning or otherwise filling beverage containers for sale to distributors, importers or dealers.

(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.

(11) “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.

(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. [Formerly 459.810; 2007 c.303 §1; 2011 c.277 §1]

(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.