The Legislative Assembly declares that electronics producer responsibility organizations providing covered entities with program services for covered electronic devices, including the use of environmentally sound management practices to collect, transport and recycle covered electronic devices, is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that participation in electronics producer responsibility programs as required by ORS § 459A.305 to 459A.355 shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for participating in electronics producer responsibility programs as required by ORS § 459A.305 to 459A.355 from federal antitrust laws. This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under ORS § 459A.305 to 459A.355. [2023 c.259 § 12]

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459A.353 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.

See note under 459A.300.