2017 ORS 459A.705¹
Refund value

(1) Except as provided in subsections (2) and (3) of this section, every beverage container sold or offered for sale in this state shall have a refund value of not less than five cents.

(2)(a) Every beverage container sold or offered for sale in this state shall have a refund value of not less than 10 cents, beginning on the later of:

(A) Eight months after the Oregon Liquor Control Commission determines that, in each of the two previous calendar years, the number of beverage containers returned for the refund value specified in this section was less than 80 percent of the total number of beverage containers that were sold in this state; or

(B) January 1 of the calendar year following the determination by the commission described in subparagraph (A) of this paragraph.

(b) The commission may not make a determination under this subsection before January 1, 2016.

(c) In making a determination under this subsection, the commission may not include the beverage containers and beverages described in ORS 459A.702 (Applicability of ORS 459A.700 to 459A.740) (2)(b) before January 1, 2021.

(3) Every beverage container certified as provided in ORS 459A.725 (Certification of containers as reusable by more than one manufacturer), sold or offered for sale in this state, shall have a refund value of not less than two cents. [Formerly 459.820; 2011 c.277 §3]

Note: Sections 2 and 3, chapter 8, Oregon Laws 2017, provide:

Sec. 2. In order to allow for the orderly transition to a beverage container refund value of not less than 10 cents per beverage container, as provided for in ORS 459A.702 (Applicability of ORS 459A.700 to 459A.740) and 459A.705 (Refund value):

(1) On and after April 1, 2017, the refund value paid for a beverage container described in ORS 459A.702 (Applicability of ORS 459A.700 to 459A.740) (1) shall be not less than 10 cents, regardless of the refund value, or lack of a refund value, indicated on the beverage container.

(2) On and after April 1, 2017, and until September 30, 2018, beverage containers described in ORS 459A.702 (Applicability of ORS 459A.700 to 459A.740) (1) with a refund value of not less than five cents indicated on the beverage container may be sold or offered for sale in this state, notwithstanding the requirements of ORS 459A.702 (Applicability of ORS 459A.700 to 459A.740) (2) and 459A.720 (Indication of refund value) (1).

(3) On and after January 1, 2018, the refund value paid for a beverage container described in ORS 459A.702 (Applicability of ORS 459A.700 to 459A.740) (2) shall be not less than 10 cents, regardless of the refund value, or lack of a refund value, indicated on the beverage container.

(4) On and after January 1, 2018, and until December 31, 2018, beverage containers described in ORS 459A.702 (Applicability of ORS 459A.700 to 459A.740) (2) that do not have an indication of refund value affixed to the beverage container may be sold or offered for sale in this state, notwithstanding the requirements of ORS 459A.702 (Applicability of ORS 459A.700 to 459A.740) (2), 459A.705 (Refund value) (2) and 459A.720 (Indication of refund value) (1). [2017 c.8 §2]

Sec. 3. Sections 1 and 2 of this 2017 Act are repealed on January 2, 2019. [2017 c.8 §3]

(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.