Oregon Statutes 459A.310 – Applicability to manufacturers; applicability to reused or refurbished covered electronic devices; requirements for sale of covered electronic devices by manufacturers
(1) ORS § 459A.305 to 459A.355 apply to all manufacturers engaging in the activities set forth in ORS § 459A.305 (7) before, on or after June 7, 2007.
(2) ORS § 459A.305 to 459A.355 do not apply to reused or refurbished covered electronic devices.
(3) A manufacturer may not sell or offer for sale any covered electronic device, except for computer peripherals, in or for delivery in this state unless:
(a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; and
(b) The brand is included in the plan that is filed with the Department of Environmental Quality pursuant to ORS § 459A.320. [2007 c.302 § 3; 2011 c.548 § 9]
The amendments to 459A.310 by section 2, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.
(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) ORS § 459A.305 to 459A.355 do not apply to reused or refurbished covered electronic devices.
(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:
(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;
(b) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; and
(c) The brand is included in a plan that is approved by the Department of Environmental Quality pursuant to ORS § 459A.321.
(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) 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.
See note under 459A.300.