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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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OREGON LIQUOR CONTROL COMMISSION

 

DIVISION 20

BEVERAGE CONTAINERS AND REDEMPTION CENTERS

845-020-0005

Definitions

(1) The terms defined in ORS 459A.700 have the same meaning in OAR 845-020-0005 through 845-020-0030, unless the context requires otherwise.

(2) The definition of beverage in ORS 459A.700(1) includes "similar carbonated soft drinks." "Soft drinks" means any non-alcoholic drink except 100 percent coffee, tea, milk, cocoa and fruit or vegetable juices. "100 percent coffee, tea, milk, cocoa and fruit or vegetable juices" means the natural product with no water added, or concentrate that has been reconstituted to full strength, to which no flavorings have been added.

(3) As used in OAR 845-020-0005 through 845-020-0030, unless the context requires otherwise: "Person" includes individuals, corporations, associations, firms, partnerships, and joint stock companies.

Stat. Auth.: ORS 459A, 459.992(4), 471 & 472, including 471.030, 471.730(1) & (5), 472.030 & 472.060(1) & (2)(d)
Stats. Implemented: ORS 459A.725
Hist.: LCC 39, f. 7-17-72, ef. 7-8-72; Renumbered from 845-010-0600; OLCC 8-1989, f. 7-28-89, cert. ef. 8-1-89

845-020-0010

Certification of Containers

(1) A beverage container may be certified by the Commission if:

(a) It is reusable as a beverage container by more than one manufacturer in the ordinary course of business; and

(b) More than one manufacturer will in the ordinary course of business accept the beverage container for reuse as a beverage container and pay the refund value of the container.

(2) The Commission shall withdraw certification of a beverage container which it determines is no longer qualified for certification under section (1) of this rule.

(3) The Commission shall refuse to certify or shall withdraw certification of:

(a) A beverage container which by reason of its shape or design, or by reason of words or symbols permanently inscribed thereon, whether by engraving, embossing, painting, or other permanent method, is reusable as a beverage container in the ordinary course of business only by a manufacturer of a beverage sold under a specific brand name;

(b) Each beverage container, in excess of one, for beer and other malt beverages, having a liquid capacity of 16 fluid ounces or less;

(c) Each beverage container, in excess of one, for beer and other malt beverages, having a liquid capacity of more than 16 fluid ounces; or

(d) Any beverage container which would tend to disrupt the orderly return and reuse of beverage containers.

Stat. Auth.: ORS 459A.725(1) & (3) & 459A.730(1) & (2)
Stats. Implemented: ORS 459A.725
Hist.: LCC 39, f. 7-17-72, ef. 7-8-72; LCC 44, f. 11-20-73, ef. 12-11-73; Renumbered from 845-010-0605

845-020-0015

Application for Certification of Containers

Any manufacturer desiring certification of a beverage container shall make application to the Commission upon forms to be furnished by the Commission. The application shall state the name and address of the manufacturer requesting the container certification and the name and addresses of each other manufacturer, known to the applicant, who will in the ordinary course of business accept the beverage container for reuse as a beverage container and pay the refund value of the container. The application shall include such additional information as the Commission may require. Each application for certification will be accompanied by the following:

(1) Sample of the container to be considered for certification.

(2) Container manufacturer's print of the container design and specifications.

(3) Two color photographs (5" x 7") of container.

(4) Statement of applicant and of one other manufacturer that each will in the ordinary course of business accept the beverage container for reuse as a beverage container and pay the refund value of the container.

Stat. Auth.: ORS 459A.725(1) & (3) & 459A.730(1) & (2)
Stats. Implemented: ORS 459A.730
Hist.: LCC 39, f. 7-17-72, ef. 7-8-72; Renumbered from 845-010-0610

845-020-0020

Redemption Centers

(1) The Commission shall approve a redemption center if it finds the redemption center will provide a convenient service to consumers for the return of empty beverage containers.

(2) The Commission considers factors such as the following in determining whether or not a redemption center provides a convenient service to consumers for the return of empty beverage containers:

(a) Location of the redemption center;

(b) Kinds of beverage containers accepted at the redemption center;

(c) Dealers to be served by the redemption center and their distance from the redemption center;

(d) Days and hours of operation of the redemption center;

(e) Parking facilities serving the redemption center;

(f) Evidence showing that the redemption center meets all applicable local ordinances and zoning requirements;

(g) The cap, if any, on the number of beverage containers per person per day that the redemption center will accept;

(h) Payment method(s) accepted by the redemption center for redeemed beverage containers;

(i) The projected volume of beverage container returns at the redemption center as compared to the actual returns at the dealers to be served by the redemption center;

(j) A description of how consumers will be notified of the redemption center’s location, services, and service hours.

Stat. Auth.: ORS 459A.735(1), (3) & (4)
Stats. Implemented: ORS 459A.735
Hist.: LCC 39, f. 7-17-72, ef. 7-8-72; Renumbered from 845-010-0615; OLCC 2-2010, f. 2-22-10, cert. ef. 3-1-10

845-020-0025

Application for Approval of Redemption Center

Any person desiring approval of a redemption center shall make application to the Commission upon forms to be furnished by the Commission. The application shall include the following and such additional information as the Commission may require:

(1) Name and address of each person to be responsible for the establishment and operation of the redemption center;

(2) Exact location and mailing address of redemption center;

(3) Kinds of beverage containers that will be accepted at the redemption center;

(4) Names and addresses of the dealers to be served by the redemption center;

(5) Distances from the redemption center to the dealers to be served;

(6) Days and hours of operation of the redemption center;

(7) Description of parking facilities to serve the redemption center;

(8) Evidence showing that a redemption center meets the zoning requirements and other applicable local ordinances of the regulating local jurisdiction;

(9) The cap, if any, on the number of beverage containers per person per day that will be accepted at the redemption center;

(10) Payment method(s) for redeemed beverage containers;

(11) The projected volume of beverage container returns at the redemption center as compared to the actual returns at the dealers to be served by the redemption center;

(12) A description of how consumers will be notified of the redemption center’s location, services, and service hours.

Stat. Auth.: ORS 459A, 459.992 & 471.730
Stats. Implemented: ORS 459A.735
Hist.: LCC 39, f. 7-17-72, ef. 7-8-72; Renumbered from 845-010-0620; OLCC 14-2008, f. 12-17-08, cert. ef. 1-1-09; OLCC 2-2010, f. 2-22-10, cert. ef. 3-1-10

845-020-0030

Standards of Cleanliness for Redemption Centers

All persons responsible for the establishment and operation of the redemption center shall at all times keep the redemption center premises, including the parking facilities serving the redemption center, in full compliance with the law. Such persons shall keep such redemption center premises in good repair, painted, clean, well lighted, free of litter and trash, and free of rodents, vermin, infestations of insects, and their harborages or breeding places.

Stat. Auth.: ORS 459A.735(1), (3) & (4)
Stats. Implemented: ORS 459A.735
Hist.: LCC 39, f. 7-17-72, ef. 7-8-72; Renumbered from 845-010-0625; OLCC 2-2010, f. 2-22-10, cert. ef. 3-1-10

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 the dealer:

(a) 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) 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) Has reasonable grounds to believe the container was sold at retail outside Oregon;

(d) Has reasonable grounds to believe that 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) Has reasonable grounds to believe that 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 dealers accept return of:

(a) Up to 144 beverage containers sold in Oregon from any person in any one day, if the dealer occupies a total enclosed space of 5,000 or more square feet in a single location; or

(b) Up to 50 beverage containers sold in Oregon from any person in any one day, if the dealer occupies a total enclosed space of less than 5,000 square feet in a single location.

Stat. Auth.: ORS 459A, 459.992, 471.030 & 471.730
Stats. Implemented: ORS 459A.715
Hist.: 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

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