1. (1) ORS 459A.305 to 459A.355 apply to all manufacturers engaging in the activities set forth in ORS 459A.305 (9) before, on or after June 7, 2007.
2. (2) ORS 459A.305 to 459A.355 do not apply to reused or refurbished covered electronic devices.

3. (3) A manufacturer may not sell or offer for sale any covered electronic device, except for peripherals, in or for delivery in this state unless:

   1. (a) Except as provided in subsection (4) of this section, the manufacturer participates in an electronics producer responsibility program that complies with the requirements of ORS 459A.305 to 459A.355;
   2. (b) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; and
   3. (c) The brand is included in a plan that is approved by the Department of Environmental Quality pursuant to ORS 459A.321.
4. (4) A manufacturer is not required to participate in an electronics producer responsibility program for a given year if the manufacturer provides proof to the department’s satisfaction that the manufacturer sold fewer than 50 covered electronic devices in this state during the previous year.
5. (5) The failure of an electronics producer responsibility organization to satisfy any of the responsibilities delegated to it by a manufacturer for developing and implementing an electronics producer responsibility program does not relieve the manufacturer of the manufacturer’s responsibility to satisfy the requirements of ORS 459A.305 to 459A.355.

Note: See note under 459A.300.

[2007 c.302 §3; 2011 c.548 §9; 2023 c.259 §2]