2017 ORS 459A.822¹
Definitions for ORS 459A.820 to 459A.855

As used in ORS 459A.820 (Findings) to 459A.855 (Product Stewardship Fund):

(1)(a) “Architectural paint” means interior and exterior architectural coatings sold in containers of five gallons or less.

(b) “Architectural paint” does not mean industrial, original equipment or specialty coatings.

(2) “Architectural paint stewardship assessment” means the amount added to the purchase price of architectural paint sold in this state to cover the cost of collecting, transporting and processing the post-consumer architectural paint managed through a statewide architectural paint stewardship program.

(3) “Cost per gallon” means the total cost to a stewardship organization, including the amounts held in unallocated reserve funds, of an architectural paint stewardship program during a calendar year divided by the total number of gallons of post-consumer architectural paint collected during the same calendar year.

(4) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell architectural paint to retailers in this state.

(5) “Energy recovery” means recovery in which all or a part of the solid waste materials of architectural paint are processed to use the heat content or other forms of energy from the solid waste materials.

(6) “Environmentally sound management practices” means policies and practices that are to be implemented by a stewardship organization, or by contractors working for a stewardship organization, to ensure compliance with all applicable laws related to the collection, storage, transportation, reuse, recycling and disposal of post-consumer architectural paint and that address:

(a) Adequate record keeping;

(b) The tracking and documentation of the fate of post-consumer architectural paint within this state and outside this state; and

(c) Adequate environmental liability coverage for professional services and for the operations of contractors working for a stewardship organization.

(7)(a) “Permanent collection site” means a collection site for post-consumer architectural paint at a fixed location with regular hours of operation.

(b) “Permanent collection site” does not mean collection events.

(8) “Post-consumer architectural paint” means architectural paint not used and no longer wanted by its purchaser.

(9) “Premium service” means the curbside collection of post-consumer architectural paint by local governments as defined in ORS 174.116 (“Local government” and “local service district” defined), a collection service franchise holder under ORS 459A.085 (City, county authority to issue collection service franchises) or any person authorized by a local government to provide collection service as defined in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) (3), which is included in rates for the curbside collection paid by the customers.

(10) “Producer” means a person that manufactures architectural paint that is sold or offered for sale in this state.

(11)(a) “Recycling” means any process by which discarded products, components and by-products are transformed into new usable or marketable materials in a manner in which the products may lose their original composition.

(b) “Recycling” does not include energy recovery or energy generation by means of combusting discarded products, components and by-products with or without other waste products from post-consumer architectural paint.

(12) “Recycling rate” means the percentage of the total amount of latex post-consumer architectural paint collected by a stewardship organization in a calendar year that is recycled during the same calendar year.

(13) “Retailer” means any person that sells or offers for sale architectural paint at retail in this state.

(14) “Reuse” means the return of a product into the economic stream for use in the same kind of application intended for the use of the product, without a change in the product’s original composition or packaging.

(15) “Sell” or “sale” means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogs or the Internet or through any other similar electronic means.

(16) “Stewardship organization” means a corporation, nonprofit organization or other legal entity created by a producer or group of producers to implement an architectural paint stewardship program as described in ORS 459A.820 (Findings) to 459A.855 (Product Stewardship Fund). [2009 c.777 §2; 2013 c.677 §1]

Note: See note under 459A.820 (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.