ORS § 459A.755

Current through 2024 Regular Session legislation effective April 17, 2024
Section 459A.755 - Definitions

As used in this section and ORS 459A.757 and 459A.759:

(1) "Garment bag" means a large bag that incorporates a hanger on which garments may be hung to prevent wrinkling during travel or storage.
(2) "Local provision" means a charter provision, ordinance, resolution or other provision adopted by a city, county or other local government, as defined in ORS 174.116.
(3) "Nonwood renewable fiber" means plant-based fiber other than fiber derived from a tree.
(4) "Recycled paper checkout bag" means a paper bag that contains:
(a) At least 40 percent post-consumer recycled fiber;
(b) At least 40 percent nonwood renewable fiber; or
(c) A combination of post-consumer recycled fiber and nonwood renewable fiber that totals at least 40 percent.
(5) "Restaurant" means an establishment where the primary business is the preparation of food or drink:
(a) For consumption by the public;
(b) In a form or quantity that is consumable then and there, whether or not it is consumed within the confines of the place where prepared; or
(c) In consumable form for consumption outside the place where prepared.
(6) "Retail establishment" means a store that sells or offers for sale goods at retail and that is not a restaurant.
(7) "Reusable fabric checkout bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine-washable fabric.
(8) "Reusable plastic checkout bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of durable plastic that is at least four mils thick.
(9)
(a) "Single-use checkout bag" means a bag made of paper, plastic or any other material that is provided by a retail establishment to a customer at the time of checkout, and that is not a recycled paper checkout bag, a reusable fabric checkout bag or a reusable plastic checkout bag.
(b) "Single-use checkout bag" does not mean:
(A) A bag that is provided by a retail establishment to a customer at a time other than the time of checkout, including but not limited to bags provided to:
(i) Package bulk items such as fruit, vegetables, nuts, grains, greeting cards or small hardware items, including nails, bolts or screws;
(ii) Contain or wrap frozen food, meat, fish, flowers, a potted plant or another item for the purpose of addressing dampness or sanitation;
(iii) Contain unwrapped prepared food or a bakery good; or
(iv) Contain a prescription drug;
(B) A newspaper bag, door hanger bag, garment bag, laundry bag or dry cleaning bag; or
(C) A bag sold in a package containing multiple bags for uses such as food storage, garbage containment or pet waste collection.

ORS 459A.755

Amended by 2021 Ch. 28, § 1, eff. 5/17/2021.
2019 c. 434, § 1

459A.755 to 459A.759 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.