Or. Admin. Code § 845-020-0035

Current through Register Vol. 63, No. 12, December 1, 2024

Section 845-020-0035 - When Dealer Not Required to Accept Containers

(1) The Commission does not interpret ORS 459A.710 to require a dealer to accept an empty beverage container, if :

(a) The area of the business occupies a total enclosed space of 5,000 or more square feet in a single location and has not offered the kind of beverage for sale within the past six months;

(b) The area of the business occupies a total enclosed space of less than 5,000 square feet in a single location and has not offered the kind, size, and brand of beverage for sale within the past six months;

(c) The dealer has reasonable grounds to believe the beverage was sold at retail outside Oregon;

(d) The dealer has reasonable grounds to believe that the container was obtained from or through a distributor without paying the refund value. The primary goal of this subsection is to prevent distributors, recyclers or others from putting containers through the refund/return system more than once without paying the refund value; or

(e) The dealer has reasonable grounds to believe that the container has already been redeemed, such as through a reverse vending process.

(2) Dealers must not use this rule to frustrate the requirement of the Beverage Container Act that requires dealers to accept return of beverage containers. If a person attempts to return a fewer number of redeemable beverage containers than the number stated below, the dealer must accept those containers. A dealer is not prohibited from accepting more beverage containers than the applicable amount, but if the dealer limits returns to the number stated below, it must post a clearly visible and legible sign containing the information set forth in ORS 459A.715(3). Dealers must accept return of:

(a) 144 beverage containers sold in Oregon from any person in any one day at all hours the dealer is open for business, if the dealer occupies a total enclosed space of 5,000 or more square feet in a single location and is not in a redemption center zone;

(b) 144 beverage containers sold in Oregon from any person in any one day at all hours the dealer is open for business if the dealer occupies a total enclosed space of 5,000 or more square feet in a single location, is in a full-service redemption center zone, and is approved by the Commission for an exemption under ORS 459A.738(5)(c);

(c) 50 beverage containers sold in Oregon from any person in any one day at all hours the dealer is open for business, if the dealer occupies a total enclosed space of less than 5,000 square feet in a single location and is not in a full-service redemption center zone;

(d) 24 beverage containers sold in Oregon from any person in any one day at all hours the dealer is open for business if the dealer occupies a total enclosed space of 5,000 or more square feet in a single location, is in zone 2 of a redemption center, and participates in that redemption center;

(e) 24 beverage containers sold in Oregon from any person in any one day at all hours the dealer is open for business if the dealer occupies a total enclosed space of less than 5,000 square feet in a single location and is in a full-service redemption center zone;

(f) 24 beverage containers sold in Oregon from any person in any one day at all hours the dealer is open for business if a dealer establishes a dealer redemption center and if a dealer participates in a dealer redemption center; or

(g) Up to 350 beverage containers sold in Oregon from any person in any one day at all hours the dealer is open for business if the dealer occupies a total enclosed space of 5,000 or more square feet in a single area, is in a full-service redemption center convenience zone, and does not participate in that redemption center. This requirement is in addition to other equivalent services to the redemption center that the dealer must provide as specified in ORS 459A.738(5).

Or. Admin. Code § 845-020-0035

LCC 1-1982(Temp), f. & ef. 1-22-82; LCC 5-1982, f. 3-26-82, ef. 4-1-82; OLCC 10-1987, f. 3-13-87, ef. 4-1-87; OLCC 15-1999, f. 6-9-99, cert. ef. 7-1-99; OLCC 17-2007(Temp), f. & cert. ef. 9-17-07 thru 3-15-08; OLCC 2-2008, f. 1-16-08, cert. ef. 3-16-08; OLCC 14-2008, f. 12-17-08, cert. ef. 1-1-09; OLCC 14-2017, amend filed 11/21/2017, effective 1/1/2018; OLCC 18-2019, amend filed 12/27/2019, effective 1/1/2020; OLCC 199-2022, amend filed 09/27/2022, effective 1/1/2023

Statutory/Other Authority: 459A.738, ORS 459A.715 & ORS 459A.705

Statutes/Other Implemented: 459A.738