Or. Admin. Code § 845-020-0016 - Container Exemptions

(1) Every beverage container sold or offered for sale in Oregon shall have a refund value unless exempt under ORS 459A.705 or these rules.

(2) Beverage containers with the following beverage types are exempt:

(a) Distilled Spirits;

(b) Wine;

(c) Milk and plant-based milks;

(d) Infant formula; and

(e) Liquid meal replacements.

(3) The following container sizes are exempt from having a refund value:

(a) Any malt beverage, water, or carbonated soft drinks, kombucha, or hard seltzer beverage container that holds more than three fluid liters; and

(b) Any other beverage container that holds under four ounces or over one and one-half liters.

(4) Any container types other than metal, glass, and plastic bottles and cans are exempt from having a refund value, including the following:

(a) Metal containers that require a tool to be opened;

(b) Foil pouches;

(c) Cartons; and

(d) Drink boxes.

(5) Manufacturers of kombucha, hard seltzer, oral electrolyte replacement beverages, and any beverage that does not meet the definition of milk or plant-based milk will have until January 1, 2021 to have these containers labeled with the refund value. Until that date, these containers are redeemable and a container that contains one of these beverages may be sold or offered for sale in Oregon regardless of the refund value or lack of refund value indicated on the containers.

Notes

Or. Admin. Code § 845-020-0016

OLCC 14-2017, adopt filed 11/21/2017, effective 1/1/2018; OLCC 18-2019, amend filed 12/27/2019, effective 1/1/2020; OLCC 14-2020, amend filed 06/22/2020, effective 7/1/2020

Statutory/Other Authority: ORS 459A & ORS 459A.702

Statutes/Other Implemented: ORS 459A.702 & 459A.705