(1) A dealer may refuse to accept from any person, and a distributor may refuse to accept from a dealer, any empty beverage container that does not state thereon a refund value as established by ORS 459A.705.
(2) A dealer may refuse to accept and to pay the refund value of:
(a) Empty beverage containers if the place of business of the dealer and the kind of empty beverage containers are included in an order of the Oregon Liquor Control Commission approving a redemption center under ORS 459A.735.
(b) Any beverage container visibly containing or contaminated by a substance other than water, residue of the original contents or ordinary dust.
(c)(A) More than 144 individual beverage containers returned by any one person during one day, if the dealer occupies a space of 5,000 or more square feet in a single area.
(B) More than 50 individual beverage containers returned by any one person during one day, if the dealer occupies a space of less than 5,000 square feet in a single area.
(d) Any beverage container that is damaged to the extent that the brand appearing on the container cannot be identified.
(3)(a) In order to refuse containers under subsection (2)(b), (c)(A) or (d) of this section, if a dealer occupies a space of 5,000 or more square feet in a single area, the dealer must post in each area where containers are received a clearly visible and legible sign containing the following information:
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NOTICE:
Oregon Law allows a dealer to refuse to accept:
1. Beverage containers visibly containing or contaminated by a substance other than water, residue of the original contents or ordinary dust;
2. More than 144 individual beverage containers from any one person during one day; or
3. Beverage containers that are damaged to the extent that the brand appearing on the container cannot be identified.
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(b) In order to refuse containers under subsection (2)(b), (c)(B) or (d) of this section, if a dealer occupies a space of less than 5,000 square feet in a single area, the dealer must post in each area where containers are received a clearly visible and legible sign containing the following information:
______________________________________________________________________________
NOTICE:
Oregon Law allows a dealer to refuse to accept:
1. Beverage containers visibly containing or contaminated by a substance other than water, residue of the original contents or ordinary dust;
2. More than 50 individual beverage containers from any one person during one day; or
3. Beverage containers that are damaged to the extent that the brand appearing on the container cannot be identified.
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[Formerly 459.840; 1993 c.356 §1; 2003 c.761 §1; 2007 c.303 §3]
Note: The amendments to 459A.715 by section 4, chapter 303, Oregon Laws 2007, become operative January 1, 2009. See section 10, chapter 303, Oregon Laws 2007. The text that is operative on and after January 1, 2009, is set forth for the user’s convenience.
459A.715. (1) A dealer may refuse to accept from any person, and a distributor or importer may refuse to accept from a dealer, any empty beverage container that does not state thereon a refund value as established by ORS 459A.705.
(2) A dealer may refuse to accept and to pay the refund value of:
(a) Empty beverage containers if the place of business of the dealer and the kind of empty beverage containers are included in an order of the Oregon Liquor Control Commission approving a redemption center under ORS 459A.735.
(b) Any beverage container visibly containing or contaminated by a substance other than water, residue of the original contents or ordinary dust.
(c)(A) More than 144 individual beverage containers returned by any one person during one day, if the dealer occupies a space of 5,000 or more square feet in a single area.
(B) More than 50 individual beverage containers returned by any one person during one day, if the dealer occupies a space of less than 5,000 square feet in a single area.
(d) Any beverage container that is damaged to the extent that the brand appearing on the container cannot be identified.
(3)(a) In order to refuse containers under subsection (2)(b), (c)(A) or (d) of this section, if a dealer occupies a space of 5,000 or more square feet in a single area, the dealer must post in each area where containers are received a clearly visible and legible sign containing the following information:
______________________________________________________________________________
NOTICE:
Oregon Law allows a dealer to refuse to accept:
1. Beverage containers visibly containing or contaminated by a substance other than water, residue of the original contents or ordinary dust;
2. More than 144 individual beverage containers from any one person during one day; or
3. Beverage containers that are damaged to the extent that the brand appearing on the container cannot be identified.
______________________________________________________________________________
(b) In order to refuse containers under subsection (2)(b), (c)(B) or (d) of this section, if a dealer occupies a space of less than 5,000 square feet in a single area, the dealer must post in each area where containers are received a clearly visible and legible sign containing the following information:
______________________________________________________________________________
NOTICE:
Oregon Law allows a dealer to refuse to accept:
1. Beverage containers visibly containing or contaminated by a substance other than water, residue of the original contents or ordinary dust;
2. More than 50 individual beverage containers from any one person during one day; or
3. Beverage containers that are damaged to the extent that the brand appearing on the container cannot be identified.
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Section: Previous 459A.680 459A.685 459A.695 459A.700 459A.705 459A.710 459A.712 459A.715 459A.720 459A.725 459A.730 459A.735 459A.740 459A.750 459A.775 NextLast modified: August 7, 2008