reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.224 - Disposal of covered drugs.

Covered drugs must be disposed of:
(1) At a hazardous waste disposal facility that meets the requirements of 40 C.F.R. parts 264 and 265, as in effect on September 29, 2019;
(2) At a municipal solid waste incinerator that is permitted to accept pharmaceutical waste; or
(3) At a hospital, medical and infectious waste incinerator:
(a) That is subject to and meets the requirements of:
(A) 40 C.F.R. part 62, subpart HHH, as in effect on May 16, 2023; or
(B) 40 C.F.R. part 60, subpart Ec, as in effect on May 16, 2023; or
(b) That is covered by a state or tribal plan for existing hospital, medical and infectious waste incinerators approved by the federal Environmental Protection Agency. [2019 c.659 §9; 2023 c.91 §1]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.230 - Annual report.

(1) In a form and manner prescribed by the Department of Environmental Quality, a program operator must submit to the department an annual report on the development, implementation and operation of the drug take-back program that includes:
(a) A list of covered manufacturers participating in the drug take-back program;
(b) The total amount, by weight, of drugs collected under the drug take-back program;
(c) The amount, by weight, of drugs collected under each method of collecting drugs under the drug take-back program;
(d) The address of each drop-off site used under the drug take-back program;
(e) The total amount, by weight, of drugs collected at each drop-off site, presented in a manner that assists the department in determining the rate of use of each drop-off site;
(f) The date and location of each collection event held pursuant to ORS 459A.221;
(g) The method or methods used to transport drugs collected under the drug take-back program;
(h) The disposal technologies or processes used pursuant to ORS 459A.224 and which facilities or incinerators were used;
(i) The total amount, by weight, of drugs disposed of by each method, presented in a manner that allows the department to conduct an audit to verify the information;
(j) Whether any safety or security problems occurred during the collection, transportation or disposal of drugs and, if a problem occurred, a summary of the occurrence and possible resolutions;
(k) A summary of the drug take-back program’s compliance with ORS 459A.227;
(L) A summary of the annual expenditures of the drug take-back program, aggregated by category;
(m) Whether service was provided in compliance with the program operator’s description pursuant to ORS 459A.209 (2)(i) and whether the public awareness goals have been met, including a summary of strategies and surveys used, and copies of any promotional materials developed by, the drug take-back program; and
(n) An attestation that all covered drugs collected under the drug take-back program were disposed of in compliance with applicable laws, rules and regulations.
(2) The department shall review reports submitted under this section and approve those that comport with the requirements of this section. If the department does not approve a report under this subsection, the department shall provide the program operator with written notice of revisions necessary for approval and the timeline for resubmittal.
(3) The department shall publish approved reports submitted under this section on a website of the department. [2019 c.659 §11]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.233 - Costs of participation in drug take-back program.

Each covered manufacturer or group of covered manufacturers must pay all costs associated with participating in a drug take-back program. A program operator or authorized collector may not impose a charge, including any charge imposed at the time that a covered drug is sold to or collected from a covered entity, against covered entities for the purpose of recouping the costs of a drug take-back program. [2019 c.659 §12]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.236 - Inspection and audit.

The Department of Environmental Quality shall ensure compliance with ORS 459A.200 to 459A.266 by:
(1) Entering into an agreement with the State Board of Pharmacy whereby the board, during routine inspections of retail drug outlets:
(a) Inspects drop-off sites located at retail drug outlets; and
(b) Informs the department of drop-off sites that are not in compliance with ORS 459A.200 to 459A.266;
(2) Inspecting drop-off sites not located at retail drug outlets; and
(3) Auditing the records of program operators. [2019 c.659 §13]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.239 - Enforcement; civil penalties.

(1)(a) The Environmental Quality Commission shall send notice to a covered manufacturer if the covered manufacturer fails to participate in a drug take-back program as required by ORS 459A.200 to 459A.266. Notice sent under this subsection must explain the possible penalties that may be incurred by the covered manufacturer for committing the violation.
(b) If, 30 days after the date on which the commission sent notice under paragraph (a) of this subsection, the covered manufacturer continues to sell drugs within this state without participating in a drug take-back program, the commission may impose a civil penalty against the covered manufacturer for an amount that does not exceed $10,000 for each day, beginning on the 31st day, that the covered manufacturer commits the violation.
(2)(a) The commission shall send notice to a program operator, and any covered manufacturers that participate in the program operator’s drug take-back program, if the commission determines that the program operator’s drug take-back program is not in compliance with ORS 459A.200 to 459A.266. Notice sent under this subsection must explain the possible penalties that may be incurred by the program operator for committing the violation.
(b) If a drug take-back program continues to be out of compliance with ORS 459A.200 to 459A.266 30 days after the date on which the commission sent notice under paragraph (a) of this subsection, the commission may:
(A) Impose a civil penalty against the program operator, and each covered manufacturer described in paragraph (a) of this subsection, for an amount that does not exceed $1,000 for each entity per day, beginning on the 31st day, that the program operator commits the violation; and
(B) If the commission determines that the violation presents a risk to public health and safety, suspend, in whole or in part, operation of the drug take-back program.
(3) Civil penalties imposed under this section are joint and several obligations of the program operator and each covered manufacturer that participates in the program operator’s drug take-back program.
(4) The commission shall deposit moneys collected through the imposition of civil penalties under this section into the Secure Drug Take-Back Account established under ORS 459A.245. [2019 c.659 §14]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.242 - Fees.

(1) The Department of Environmental Quality shall establish the following fees for the purpose of paying the costs of administering ORS 459A.200 to 459A.266:
(a) A one-time fee for reviewing a drug take-back program plan submitted under ORS 459A.209.
(b) An annual fee for expenses associated with the ongoing costs of administering ORS 459A.200 to 459A.266.
(c) An hourly fee for any other work that the department must do on behalf of a drug take-back program.
(2) If a drug take-back program has more than one program operator, each program operator is subject to the fees established under subsection (1) of this section.
(3) Fees established under subsection (1) of this section must be reasonably calculated to cover the costs of administering ORS 459A.200 to 459A.266.
(4) The department shall deposit fee moneys collected pursuant to this section into the Secure Drug Take-Back Account established under ORS 459A.245. [2019 c.659 §15]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.245 - Secure Drug Take-Back Account.

(1) The Secure Drug Take-Back Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Department of Environmental Quality for purposes of administering ORS 459A.200 to 459A.266.
(2) The account shall consist of all moneys deposited into or credited to the account, including:
(a) Moneys collected under and deposited into the account pursuant to ORS 459A.239 and 459A.242; and
(b) Moneys appropriated or transferred to the account by the Legislative Assembly. [2019 c.659 §16]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.248 - Liability.

An authorized collector, covered manufacturer, drug take-back organization, drug take-back program and program operator may not be held criminally or civilly liable for any function, duty or power performed for the purpose of complying with ORS 459A.200 to 459A.266, unless the function, duty or power was performed with gross negligence or willful and wanton misconduct. [2019 c.659 §17]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.251 - Application of antitrust laws.

The Legislative Assembly declares that program operators providing covered entities with drug take-back program services, including the safe and secure collection, transportation and disposal of covered drugs, is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that participating in drug take-back programs as required by ORS 459A.200 to 459A.266 shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for participating in drug take-back programs as required by ORS 459A.200 to 459A.266 from federal antitrust laws. This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under ORS 459A.200 to 459A.266. [2019 c.659 §18]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.254 - Confidentiality.

Any proprietary information or any financial, manufacturing or sales information or data that the Department of Environmental Quality receives from a covered manufacturer or drug take-back organization under ORS 459A.200 to 459A.266 is confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the information or data does not directly or indirectly identify the proprietary information or the financial, manufacturing or sales information or data of a specific covered manufacturer or drug take-back organization. [2019 c.659 §19]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.257 - Nonapplicability of Uniform Controlled Substances Act.

The provisions of the Uniform Controlled Substances Act do not apply to a program operator or authorized collector, insofar as the program operator is collecting, transporting and disposing of covered drugs pursuant to ORS 459A.200 to 459A.266. [2019 c.659 §20]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.260 - State preemption of local laws.

Except as expressly authorized by state law, ORS 459A.200 to 459A.266 supersede and preempt any ordinance or other regulation enacted before, on or after September 29, 2019, by the governing body of a city, county or other political subdivision of this state that establishes or requires a program for the collection, by or on behalf of covered manufacturers, of:
(1) Biologics;
(2) Covered drugs;
(3) Drugs for which a covered manufacturer administers a drug take-back program as part of a risk evaluation and mitigation strategy under the oversight of the federal Food and Drug Administration;
(4) Drugs that are used for animal medicines, including but not limited to parasiticide drugs for animals;
(5) Drugs administered in a clinical setting; or
(6) Dialysis concentrates and solutions used for kidney dialysis in a patient’s home. [2019 c.659 §21]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.263 - Interagency agreements.

The Department of Environmental Quality may enter into agreements with other state agencies for purposes including covering costs incurred in the administration of ORS 459A.200 to 459A.266. [2019 c.659 §22]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.266 - Rules.

The Environmental Quality Commission shall adopt any rules necessary for the effective administration of ORS 459A.200 to 459A.266. Upon request, the State Board of Pharmacy shall assist the commission in adopting rules under this section. [2019 c.659 §23]
Note:
See note under 459A.200.
Note:
Section 26 (3), chapter 659, Oregon Laws 2019, provides:
Sec. 26.
(3) A manufacturer that becomes a covered manufacturer after January 1, 2020, shall, not more than six months after the date on which the manufacturer becomes a covered manufacturer, participate in a drug take-back program in compliance with section 2 of this 2019 Act [459A.203]. [2019 c.659 §26(3)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.300 - Legislative findings.

The Legislative Assembly finds that:
(1) It is necessary to encourage the design of electronic devices that are more resource-efficient, more recyclable and less environmentally toxic;
(2) The development and availability of a statewide system that conveniently serves both urban and rural areas of Oregon for the collection, transportation and recycling of electronic devices is in the best interest of the state; and
(3) A statewide collection, transportation and recycling system should be financed by the manufacturers of those electronic devices. [2007 c.302 §1]
Note:
459A.300 to 459A.365 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.310 - Applicability to manufacturers; applicability to reused or refurbished covered electronic devices; requirements for sale of covered electronic devices by manufacturers.

(1) ORS 459A.305 to 459A.355 apply to all manufacturers engaging in the activities set forth in ORS 459A.305 (7) before, on or after June 7, 2007.
(2) ORS 459A.305 to 459A.355 do not apply to reused or refurbished covered electronic devices.
(3) A manufacturer may not sell or offer for sale any covered electronic device, except for computer peripherals, in or for delivery in this state unless:
(a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; and
(b) The brand is included in the plan that is filed with the Department of Environmental Quality pursuant to ORS 459A.320. [2007 c.302 §3; 2011 c.548 §9]
Note:
The amendments to 459A.310 by section 2, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.
(1) ORS 459A.305 to 459A.355 apply to all manufacturers engaging in the activities set forth in ORS 459A.305 (9) before, on or after June 7, 2007.
(2) ORS 459A.305 to 459A.355 do not apply to reused or refurbished covered electronic devices.
(3) A manufacturer may not sell or offer for sale any covered electronic device, except for peripherals, in or for delivery in this state unless:
(a) Except as provided in subsection (4) of this section, the manufacturer participates in an electronics producer responsibility program that complies with the requirements of ORS 459A.305 to 459A.355;
(b) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; and
(c) The brand is included in a plan that is approved by the Department of Environmental Quality pursuant to ORS 459A.321.
(4) A manufacturer is not required to participate in an electronics producer responsibility program for a given year if the manufacturer provides proof to the department’s satisfaction that the manufacturer sold fewer than 50 covered electronic devices in this state during the previous year.
(5) The failure of an electronics producer responsibility organization to satisfy any of the responsibilities delegated to it by a manufacturer for developing and implementing an electronics producer responsibility program does not relieve the manufacturer of the manufacturer’s responsibility to satisfy the requirements of ORS 459A.305 to 459A.355.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.321 - Approval of electronics producer responsibility plan.

(1) The Department of Environmental Quality shall approve an electronics producer responsibility program plan as provided in this section if the department determines that the plan satisfies the requirements of ORS 459A.320.
(2) Not later than 60 days after receiving a plan under ORS 359A.320, the department shall either approve, approve with conditions or reject the plan. If the department rejects the plan, the department shall provide the reason or reasons for the rejection. An electronics producer responsibility organization must submit a revised plan to the department no later than 45 days after the date of the rejection.
(3) No later than 45 days after receiving a revised plan under subsection (2) of this section, the department shall either approve, approve with conditions or reject the revised plan.
(4) If the department rejects a revised plan, the department may:
(a) Require the electronics producer responsibility organization to further revise the plan in accordance with a timeline set forth by the department;
(b) Direct changes to the revised plan; or
(c) Direct the manufacturer or manufacturers on whose behalf the revised plan was submitted to register with an electronics producer responsibility organization with an approved plan.
(5) If the department directs changes to a revised plan under subsection (4) of this section, the electronics producer responsibility organization must implement the changes or request a hearing under ORS chapter 183. [2023 c.259 §6]
Note:
459A.321 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.322 - Recycling credits; reporting; rules.

(1) A manufacturer program or a state contractor program that collects, transports and recycles covered electronic devices in an amount that exceeds the program’s return share by weight for a calendar year may claim recycling credits for use in succeeding calendar years as follows:
(a) A program may claim one recycling credit for each pound of covered electronic devices collected, transported and recycled in excess of the program’s return share by weight for a calendar year;
(b) A program may retain all or part of its recycling credits or may sell any portion of its recycling credits to another program at a price negotiated by the parties;
(c) A manufacturer program may use recycling credits earned or purchased to meet up to 15 percent of its return share by weight during any calendar year. One recycling credit may be used to meet one pound of return share by weight; and
(d) By rule, the Environmental Quality Commission may change the percentage of the return share by weight specified in paragraph (c) of this subsection.
(2) A manufacturer program must include the following information on recycling credits in its annual report to the Department of Environmental Quality required by ORS 459A.320 (3)(e):
(a) The number of recycling credits the manufacturer program possessed at the beginning of the previous calendar year.
(b) The total number of recycling credits the manufacturer program purchased and sold during the previous calendar year, the names of the programs from which recycling credits were purchased or to which recycling credits were sold and the number of recycling credits purchased from or sold to each program.
(c) The number of recycling credits the manufacturer program used to meet its return share by weight for the previous calendar year.
(d) The number of recycling credits the manufacturer program is claiming from the previous calendar year. This number is the difference between the total weight of covered electronic devices that the manufacturer program collected, transported and recycled during the previous calendar year and the program’s return share by weight for the previous calendar year. [2011 c.548 §2]
Note:
459A.322 is repealed January 1, 2026. See sections 15 and 20, chapter 259, Oregon Laws 2023.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.323 - Coordinating body; manufacturer obligation.

(1) If the Department of Environmental Quality approves more than one electronics producer responsibility program plan to be implemented:
(a) The department shall set a timeline for all electronics producer responsibility organizations to designate a coordinating body. If all electronics producer responsibility organizations are unable to designate a coordinating body in accordance with the timeline set by the department, the department may either designate a coordinating body or extend the timeline for all electronics producer responsibility organizations to designate a coordinating body.
(b) The department may require changes to an approved plan to ensure that all approved plans provide for a consistent means of enabling coordination between electronics producer responsibility organizations.
(2) The coordinating body, or an electronics producer responsibility organization if a coordinating body is not designated under this section, shall annually calculate each manufacturer’s manufacturer obligation by:
(a) Multiplying the manufacturer’s market share for each product category by the product category’s percentage of the total weight of all covered electronic devices recycled during the previous year; and
(b) Adding the percentages calculated under paragraph (a) of this subsection.
(3) The coordinating body must:
(a) Annually reconcile the financial obligations between all electronics producer responsibility organizations based on the manufacturer obligations of the manufacturers participating in each electronics producer responsibility program; and
(b) Conduct any other coordination between electronics producer responsibility organizations required by ORS 459A.305 to 459A.355 or as directed by the department.
(4)(a) Each electronics producer responsibility organization must work with the coordinating body and with all other electronics producer responsibility organizations to ensure the reconciliation of financial obligations for the electronics producer responsibility programs in accordance with the manufacturer obligations calculated by the coordinating body under this section and to ensure that all coordination required under ORS 459A.305 to 459A.355 is conducted.
(b) An electronics producer responsibility organization or a coordinating body may, after notice to the manufacturer, refer to the department any potential violations of the requirements of ORS 459A.305 to 459A.355 by the manufacturer. [2023 c.259 §7]
Note:
459A.323 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.325 - Recycling fee for manufacturer participating in state contractor program.

By September 1 of each year, a manufacturer that participates in the state contractor program shall pay a recycling fee to the Department of Environmental Quality in an amount determined by the department under ORS 459A.340 (6) to cover the costs of collecting, transporting and recycling the manufacturer’s annual return share of covered electronic devices for the following year. [2007 c.302 §7]
Note:
459A.325 is repealed January 1, 2026. See sections 15 and 20, chapter 259, Oregon Laws 2023.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.327 - Education and public awareness.

(1) An electronics producer responsibility organization, or the coordinating body if one is designated under ORS 459A.323, shall consult with the department to develop educational resources and public awareness activities to advertise and promote, on a regular basis, recycling of covered electronic devices and collection opportunities statewide. At a minimum, an electronics producer responsibility organization must:
(a) Promote recycling of covered electronic devices through the electronics producer responsibility program;
(b) Establish a toll-free telephone number and a website address that a covered entity may use to contact the electronics producer responsibility organization about the electronics producer responsibility program;
(c) Publicize information on the location of collection sites and all other collections services offered by the electronics producer responsibility program; and
(d) Engage with and work to sustain high awareness of the program in minority, lower-income, rural and other historically underserved communities.
(2) If the Department of Environmental Quality approves more than one electronics producer responsibility program plan, each electronics producer responsibility organization must, in conjunction with the coordinating body designated under ORS 459A.323 and in consultation with the department, coordinate with all other electronics producer responsibility organizations to implement ongoing public awareness activities to ensure that covered entities can easily identify, understand and access the services provided by all electronics producer responsibility programs that are operational in this state. The public awareness activities must:
(a) Utilize a statewide system of promotion that allows covered entities to easily understand that all electronics producer responsibility organizations are providing services under ORS 459A.305 to 459A.355; and
(b) Satisfy the requirements of subsection (1) of this section, including providing a single website and toll-free telephone number listing the collection services of all electronics producer responsibility programs. [2023 c.259 §9]
Note:
459A.327 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.330 - Prohibition against charging fee for collection, transportation or recycling of covered electronic devices; exception.

(1) Except as authorized in subsection (2) of this section, a manufacturer program, the state contractor program or a collector participating in a manufacturer program or the state contractor program may not charge a fee to covered entities for the collection, transportation or recycling of covered electronic devices.
(2) A collector that provides a premium service to a covered entity may charge for the additional cost of providing the premium service. [2007 c.302 §8]
Note:
The amendments to 459A.330 by section 17, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.
(1) Except as authorized in subsection (2) of this section, an electronics producer responsibility program or a collector participating in an electronics producer responsibility program may not charge a fee to covered entities for the collection, transportation or recycling of covered electronic devices.
(2) A collector that provides a premium service to a covered entity may charge for the additional cost of providing the premium service.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.332 - Submission of information to Department of Environmental Quality; confidentiality.

(1) The Department of Environmental Quality may require a manufacturer or an electronics producer responsibility organization to submit information to the department to evaluate compliance with ORS 459A.305 to 459A.355. A manufacturer or electronics producer responsibility organization must submit any data or information required by the department under this subsection in the format requested by the department.
(2) Trade secrets, as defined in ORS 646.461, and information protected by trademark or patent that the department receives from an electronics producer responsibility organization or manufacturer pursuant to ORS 459A.305 to 459A.355 are confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the information or data does not directly or indirectly identify the information of a specific electronics producer responsibility organization or manufacturer. For purposes of this subsection, compilations of publicly available information, which may have economic value, are not considered to be confidential information. [2023 c.259 §10]
Note:
459A.332 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.334 - Fees.

(1) The Environmental Quality Commission shall establish by rule an annual fee, which must be reasonably calculated to cover the costs to the Department of Environmental Quality of implementing, administering and enforcing ORS 459A.305 to 459A.355.
(2) The commission shall establish by rule a one-time plan review fee reasonably calculated to cover the costs to the department of reviewing the initial electronics producer responsibility program plan submitted to the department for approval under ORS 459A.321 by each electronics producer responsibility organization. The department may not approve an initial plan under ORS 459A.321 if the electronics producer responsibility organization has not paid the fee required by this subsection. [2023 c.259 §8]
Note:
459A.334 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.335 - Requirements for sale of covered electronic devices by retailers; retailer’s duty to consumers regarding information about recycling covered electronic devices.

(1) A retailer may not sell or offer for sale any covered electronic device, except for computer peripherals, in or for delivery into this state unless:
(a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible;
(b) The brand is included on the list posted by the Department of Environmental Quality pursuant to ORS 459A.340 (1); and
(c) The list posted by the department pursuant to ORS 459A.340 (1) specifies that the manufacturer is in compliance with the requirements of ORS 459A.305 to 459A.355.
(2) A retailer shall provide to a consumer at the time of the sale of a covered electronic device information from the department’s website that provides details about where and how a consumer can recycle covered electronic devices in Oregon. The information shall be provided in printed form for in-store sales and in printable form for Internet sales and other sales where the Internet is involved. [2007 c.302 §9; 2011 c.548 §7]
Note:
The amendments to 459A.335 by section 13, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.
(1) A retailer may not sell or offer for sale any covered electronic device, except for peripherals, in or for delivery into this state unless:
(a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible;
(b) The brand is included on the list made publicly available by the Department of Environmental Quality pursuant to ORS 459A.340 (1); and
(c) The list made publicly available by the department pursuant to ORS 459A.340 (1) specifies that the manufacturer is in compliance with the requirements of ORS 459A.305 to 459A.355.
(2) A retailer shall provide to a consumer at the time of the sale of a covered electronic device information from the department’s website that provides details about where and how a consumer can recycle covered electronic devices in Oregon. The information shall be provided in printed form for in-store sales and in printable form for Internet sales and other sales where the Internet is involved.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.350 - Disposition of fees.

Fees collected by the Department of Environmental Quality under ORS 459A.305 to 459A.355 shall be deposited in the State Treasury to the credit of the Covered Electronic Devices Account established under ORS 459A.355. [2007 c.302 §12]
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.353 - Application of antitrust laws.

The Legislative Assembly declares that electronics producer responsibility organizations providing covered entities with program services for covered electronic devices, including the use of environmentally sound management practices to collect, transport and recycle covered electronic devices, is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that participation in electronics producer responsibility programs as required by ORS 459A.305 to 459A.355 shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for participating in electronics producer responsibility programs as required by ORS 459A.305 to 459A.355 from federal antitrust laws. This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under ORS 459A.305 to 459A.355. [2023 c.259 §12]
Note:
459A.353 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.355 - Covered Electronic Devices Account; interest; uses.

The Covered Electronic Devices Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of implementing ORS 459A.305 to 459A.355 and enforcing the prohibition in ORS 459.247 relating to disposal of covered electronic devices. [2007 c.302 §13]
Note:
The amendments to 459A.355 by section 18, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.
The Covered Electronic Devices Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of administering, implementing and enforcing ORS 459A.305 to 459A.355 and enforcing the prohibition in ORS 459.247 relating to disposal of covered electronic devices.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.360 - Evaluation by department of certain federal laws.

(1) The Department of Environmental Quality shall evaluate any federal law that establishes a national program for the collection and recycling of electronic devices.
(2) If the department determines that the federal law substantially meets or exceeds the requirements and intent of ORS 459A.305 to 459A.355, the department shall include information on the federal law in the next biennial report to the Legislative Assembly pursuant to ORS 459A.340. [2007 c.302 §14]
Note:
The amendments to 459A.360 by section 19, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.
(1) The Department of Environmental Quality shall evaluate any federal law that establishes a national program for the collection and recycling of electronic devices.
(2) If the department determines that the federal law substantially meets or exceeds the requirements and intent of ORS 459A.305 to 459A.355, the department shall include information on the federal law in a report to the Legislative Assembly in the manner provided by ORS 192.245.
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.365 - City and county regulation of collection of solid waste.

ORS 459A.305 to 459A.355 do not supersede any authority under ORS chapter 459 or 459A for cities and counties to regulate the collection of solid waste. [2007 c.302 §14a]
Note:
See note under 459A.300.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.475 - Legislative findings; policy.

The Legislative Assembly finds and declares that:
(1) It is the policy of the State of Oregon to conserve and protect its resources. The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern.
(2) The volume of solid waste generated within the state, an increased rate in the consumption of products and materials, including paper products, and the absence of adequate programs and procedures for the reuse and recycling of these products and materials threaten the quality of the environment and well-being of the people of Oregon. [2003 c.794 §188]
Note:
459A.475 to 459A.490 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.480 - State agency recycling program; requirements; training.

(1) For the current state waste paper collection program, the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall provide participating locations with public awareness information and training to state and legislative employees, including but not limited to the proper separation and disposal of recycled resources. Additionally, the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall provide training for personnel, including but not limited to state buildings and grounds personnel responsible for the collection of waste materials. This training shall include but is not limited to educating and training the personnel concerning the separation and collection of recyclable materials.
(2) The Oregon Department of Administrative Services shall continue the current state waste paper collection program for employees of state government, as defined in ORS 174.111. This program shall include recycling opportunities for office paper, corrugated cardboard, newsprint, beverage containers as defined in ORS 459A.700, container glass, mixed waste paper, plastic bottles, waste oil, clay-coated materials, batteries, toner and printer cartridges and any other material at the discretion of the Director of the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality.
(3) The Oregon Department of Administrative Services may contract as necessary for the recycling of products returned under subsections (1) and (2) of this section. [2003 c.794 §189]
Note:
See note under 459A.475.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.485 - System and procedures for separation and collection of solid waste; rules; exemption.

(1) Notwithstanding ORS 183.335 (5), the Oregon Department of Administrative Services shall adopt rules pursuant to ORS chapter 183 that:
(a) Establish procedures for the separation of solid waste generated by state agencies that can be recycled or reused.
(b) Establish a system for the collection of solid waste generated by state agencies that can be recycled or reused. The system shall ensure that the material is made available to appropriate agencies or private industries for reuse or recycling at the greatest economic value and to the greatest extent feasible for recycling.
(2) All state agencies shall comply with the procedures and systems established under subsection (1) of this section.
(3) The Governor may exempt any single activity or facility of any state agency from compliance under this section if the Governor determines it to be in the paramount interest of the state. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods not to exceed one year. The Governor shall make public all exemptions together with the reasons for granting such exemptions. [2003 c.794 §190]
Note:
See note under 459A.475.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.490 - Paper conservation.

(1) The Oregon Department of Administrative Services shall encourage paper conservation.
(2) The department shall provide guidelines to state agencies and contractors on the availability of recycled paper and paper products, including the sources of supply and the potential uses of various grades of recycled paper.
(3) The department shall review the total paper purchases and utilization of each state agency.
(4) The department shall, in conjunction with the administrative heads of state agencies, develop procedures to eliminate excessive or unnecessary paper use, including but not limited to overpurchase of paper, overprinting of materials, purchase of too high a grade of paper, purchase of paper that is not recyclable and purchase of virgin paper when recycled paper is available in the same grade. [2003 c.794 §191]
Note:
See note under 459A.475.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.500 - Definitions for ORS 459A.500 to 459A.520.

As used in ORS 459A.500 to 459A.520:
(1) "Consumer of newsprint" means a person who uses newsprint in a commercial or government printing or publishing operation.
(2) "Newsprint" means paper that meets the specifications for Standard Newsprint Paper and Roto Newsprint Paper as set forth in the current edition of the Harmonized Tariff Schedule of the United States for such products.
(3) "Post-consumer waste" means a material that would normally be disposed of as a solid waste, having completed its life cycle as a consumer or manufacturing item.
(4) "Recycled-content newsprint" means newsprint that includes post-consumer waste paper. [1991 c.385 §26; 1993 c.560 §90]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.505 - Minimum recycled content for newsprint.

Every consumer of newsprint in Oregon shall ensure that at least 7.5 percent of the annual aggregate fiber content of all newsprint used by the consumer of newsprint is composed of post-consumer waste paper, if:
(1) Recycled-content newsprint is available at the same or lower weighted net price compared to that of newsprint made from virgin material;
(2) The average mechanical and optical properties of recycled-content newsprint from any individual mill measured quarterly meets or exceeds the average mechanical and optical properties of all newsprint produced in the northwest as reported in the most current quarterly American Newspaper Publisher Association Newsprint Quality Program Special Report; and
(3) The recycled-content newsprint is available within the same period of time as virgin material. [1991 c.385 §27; 2005 c.22 §335]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.510 - Report to consumer of amount of post-consumer waste in shipment.

Each person who supplies a consumer of newsprint with newsprint shall report with each supply the amounts of post-consumer waste contained in each shipment to each consumer of newsprint. If a shipment contains no post-consumer waste paper, the supplier shall so report. [1991 c.385 §28]