2017 ORS 459A.702¹
Applicability of ORS 459A.700 to 459A.740

(1) Except as provided in subsection (2) of this section, ORS 459A.700 (Definitions for ORS 459A.700 to 459A.740) to 459A.740 (Certification and withdrawal procedures) apply to any individual, separate, sealed glass, metal or plastic bottle or can, except for cartons, foil pouches and drink boxes, that contains the following beverages, intended for human consumption and in a quantity less than or equal to three fluid liters:

(a) Water and flavored water;

(b) Beer or other malt beverages; and

(c) Mineral waters, soda water and similar carbonated soft drinks.

(2) One year after the date on which the Oregon Liquor Control Commission determines that at least 60 percent of the beverage containers returned for the refund value specified in ORS 459A.705 (Refund value) are returned statewide to redemption centers approved under ORS 459A.735 (Redemption centers), or on January 1, 2018, whichever comes first, ORS 459A.700 (Definitions for ORS 459A.700 to 459A.740) to 459A.740 (Certification and withdrawal procedures) apply to any individual, separate, sealed glass, metal or plastic bottle or can, except for cartons, foil pouches, drink boxes and metal containers that require a tool to be opened, that contains:

(a) The following beverages, intended for human consumption and in a quantity less than or equal to three fluid liters:

(A) Water and flavored water;

(B) Beer or other malt beverages; and

(C) Mineral waters, soda water and similar carbonated soft drinks.

(b) Any beverage other than those specified in paragraph (a) of this subsection that is intended for human consumption and is in a quantity more than or equal to four fluid ounces and less than or equal to one and one-half fluid liters, except distilled liquor, wine, dairy or plant-based milks, infant formula and any other exemptions set forth in rule of the Oregon Liquor Control Commission. [2011 c.277 §2]

Note: Sections 4 and 5, chapter 106, Oregon Laws 2013, provide:

Sec. 4. Report. No later than March 1 of each odd-numbered year, the Oregon Liquor Control Commission shall submit a report to the Legislative Assembly regarding beverage container redemption centers approved pursuant to the provisions of ORS 459A.737 (Redemption centers). The report must include, for the two previous calendar years:

(1) The number of beverage containers that are returned for refund value as a percentage of the total number of beverage containers sold in this state.

(2) The number of beverage container redemption centers operating in this state and the number of redemption centers for which applications are pending with the commission.

(3) The number of beverage containers that are returned for refund value in areas designated by the commission and the number of beverage containers returned for refund value in each area in the year before the beverage container redemption center began operation.

(4) The number of beverage containers that are returned for refund value to beverage container redemption centers in this state and the number of beverage containers that are returned for refund value to dealers in this state. [2013 c.106 §4]

Sec. 5. Section 4 of this 2013 Act is repealed on January 2, 2022. [2013 c.106 §5]

(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.