74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2682
 
                         Senate Bill 706
 
Sponsored by Senator COURTNEY, Representative BERGER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Modifies definitions of 'beverage' and 'beverage container' in
Bottle Bill. Changes refund value for beverage containers.
 
                        A BILL FOR AN ACT
Relating to beverage containers; amending ORS 459A.700, 459A.705
  and 471.501.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 459A.700 is amended to read:
  459A.700. As used in ORS 459.992 (3) and (4) and 459A.700 to
459A.740, unless the context requires otherwise:
  (1) 'Beverage' means  { + water, + } beer or other malt
beverages and mineral waters, soda water and similar carbonated
soft drinks in liquid form and intended for human consumption.
  (2) 'Beverage container' means   { - the - }   { + an + }
individual, separate, sealed  { + aluminum, + } glass, metal or
plastic bottle, can, jar  { - , - }  or carton   { - containing a
beverage - }   { + that:
  (a) Holds more than seven fluid ounces and less than one
gallon; and
  (b) Contains a beverage + }.
  (3) 'Commission' means the Oregon Liquor Control Commission.
  (4) 'Consumer' means every person who purchases a beverage in a
beverage container for use or consumption.
  (5) 'Dealer' means every person in this state who engages in
the sale of beverages in beverage containers to a consumer, or
means a redemption center certified under ORS 459A.735.
  (6) 'Distributor' means every person who engages in the sale of
beverages in beverage containers to a dealer in this state
including any manufacturer who engages in such sales.
  (7) 'In this state' means within the exterior limits of the
State of Oregon and includes all territory within these limits
owned by or ceded to the United States of America.
  (8) 'Manufacturer' means every person bottling, canning or
otherwise filling beverage containers for sale to distributors or
dealers.
  (9) 'Place of business of a dealer' means the location at which
a dealer sells or offers for sale beverages in beverage
containers to consumers.
  (10) 'Use or consumption' includes the exercise of any right or
power over a beverage incident to the ownership thereof, other
 
than the sale or the keeping or retention of a beverage for the
purposes of sale.
  SECTION 2. ORS 459A.705 is amended to read:
  459A.705. (1) Except as provided in subsection (2) of this
section, every beverage container sold or offered for sale in
this state shall have a refund value of not less than
 { - five - }   { +  ___ + } cents.
  (2) Every beverage container certified as provided in ORS
459A.725, sold or offered for sale in this state, shall have a
refund value of not less than two cents.
  SECTION 3. ORS 471.501 is amended to read:
  471.501. Nothing in this chapter prevents a brewery licensed
under ORS 471.220 or a brewery-public house licensed under ORS
471.200 from establishing a refund value for malt beverage
containers under the provisions of ORS 459A.705 that is in excess
of   { - five - }   { +  ___ + } cents per container for the
purpose of encouraging purchasers to return the containers
directly to the brewery or brewery-public house. A refund value
in excess of
  { - five - }   { +  ___ + } cents per container may be paid
under this section only to persons who are not licensed under
this chapter and who return the containers directly to the
brewery or brewery-public house.
                         ----------