Or. Admin. Code § 340-090-0350
Current through Register Vol. 63, No. 10, October 1, 2024
Section 340-090-0350 - Compliance Standards(1) Except as provided in OAR 340-090-0340, by January 1, 1995, any rigid plastic container sold, offered for sale, or used in association with the sale or offer for sale of products in Oregon must comply with one of the following: (a) Have at least 25 percent recycled content;(b) Be made of plastic that is being recycled in Oregon at a rate of at least 25 percent by meeting one of the following criteria: (A) It is a rigid plastic container and rigid plastic containers, in the aggregate, are being recycled in Oregon at a rate of at least 25 percent by January 1, 1995;(B) It is a specified type of rigid plastic container and that specified type of rigid plastic container, in the aggregate, is being recycled in Oregon at a rate of at least 25 percent by January 1, 1995; or(C) It is a product-associated container and that class of containers, in the aggregate, is being recycled in Oregon at a rate of at least 25 percent by January 1, 1995.(c) Be used at least five times for the same or a substantially similar use.(2) Individual rigid plastic containers sold in Oregon after January 1, 1995 but manufactured by a container manufacturer or filled by a product manufacturer prior to January 1, 1995 are not required to meet the compliance standards listed above. A product manufacturer must be able to document that the containers were filled prior to January 1, 1995.(3) For any calendar year for which DEQ determines that the aggregate recycling rate for compliance purposes is at least 25 percent, all product and container manufacturers must be deemed to be in compliance with OAR 340-090-0340, 340-090-0350, 340-090-0400 and 340-090-0410 without any further action on their part.Or. Admin. Code § 340-090-0350
DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 3-2017, f. & cert. ef. 1/19/2017Stat. Auth.: ORS 459A.025 & 468.020
Stats. Implemented: ORS 459A.655 & 459A.660