- (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 and Cannabis Commission approving a full-service redemption center under ORS 459A.735.
(b) Empty beverage containers, if the dealer occupies a space of more than 5,000 square feet and the dealer participates in, is served by and pays the cost of participation in:
- (A) A full-service redemption center, if the dealer’s place of business is located in a low-impact convenience zone; or
- (B) An alternative access redemption center.
- (c) Empty beverage containers at a location where the dealer has established a dealer redemption center within the limits of a city with a population of 500,000 or greater.
- (d) Any beverage container visibly containing or contaminated by a substance other than water, residue of the original contents or ordinary dust.
(e)
- (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.
- (f) Any beverage container that is damaged to the extent that the brand appearing on the container cannot be identified.
- (3) The commission shall develop and provide to dealers notices that describe the reasons a dealer may refuse to accept and to pay the refund value for empty beverage containers under subsection (2) of this section. The notices may contain additional information as determined by the commission.
- (4) A dealer must post in each area where beverage containers are received a notice provided to the dealer under subsection (3) of this section.
- (5) A dealer required to accept and pay the refund value of beverage containers under the provisions of ORS 459A.700 to 459A.754 must accept and pay the refund value of beverage containers during the hours of 8 a.m. to 8 p.m. while the dealer is otherwise open for business. A dealer may refuse to accept the return of beverage containers during all other hours.
- (6) A dealer that holds a winery license under ORS 471.223 may, at the premises of the winery, refuse to accept and to pay the refund value of any empty beverage container that is of a kind, size and brand that the dealer does not sell at the winery.
[Formerly 459.840; 1993 c.356 §1; 2003 c.761 §1; 2007 c.303 §§3,4; 2019 c.279 §5; 2021 c.351 §26; 2022 c.80 §5; 2025 c.266 §8]