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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 1020
Sponsored by Senators FREDERICK, MANNING JR, WOODS; Senators JAMA, PHAM K, TAYLOR, Represen-
tatives BOWMAN, HUDSON, MCLAIN, NELSON, NOSSE, PHAM H (at the request of Cameron Quackenbush)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: This Act says that inhalant delivery systems must have a refund value. Makers of those
systems must carry out a plan to collect and dispose of them. (Flesch Readability Score: 67.7).
Requires producers of inhalant delivery systems to join an inhalant delivery system producer
responsibility organization and implement an inhalant delivery system producer responsibility pro-
gram for the collection and disposal of inhalant delivery systems. Establishes a refund value for
inhalant delivery systems sold in this state.
Directs the Department of Environmental Quality to administer and enforce the requirements
of the Act.
Establishes the Inhalant Delivery System Producer Responsibility Fund.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to inhalant delivery system producer responsibility; creating new provisions; amending ORS
459.992 and 459.995; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections added to chapter. Sections 2 to 17 of this 2025 Act are added to and
made a part of ORS chapter 459A.
SECTION 2.Definitions. As used in sections 2 to 17 of this 2025 Act:
(1) “Brand” means any mark, word, name, symbol, design, device or graphical element,
or a combination thereof, including a registered or unregistered trademark, that identifies
a product and distinguishes the product from other products.
(2) “Collection site” means a location at which a consumer may return an inhalant de-
livery system for the refund value specified in section 3 of this 2025 Act.
(3) “Consumer” means any individual who purchases an inhalant delivery system for
consumption.
(4)(a) “Inhalant delivery system” means a device that can be used to deliver nicotine in
the form of a vapor or aerosol to an individual inhaling from the device.
(b) “Inhalant delivery system” does not include:
(A) Any product that has been approved by the United States Food and Drug Adminis-
tration for sale as a tobacco cessation product or for any other therapeutic purpose, if the
product is marketed and sold solely for the approved purpose; or
(B) Marijuana items as defined in ORS 475C.009.
(5) “Inhalant delivery system producer responsibility organization” means a nonprofit
organization designated by a producer or group of producers to act as an agent of the pro-
ducer or group of producers to develop and implement an inhalant delivery system producer
responsibility program on behalf of the producer or group of producers.
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1670 SB1020
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(6) “Inhalant delivery system producer responsibility program” means a statewide pro-
gram for the responsible management of inhalant delivery systems that is administered by
an inhalant delivery system producer responsibility organization pursuant to a plan approved
by the Department of Environmental Quality under section 5 of this 2025 Act.
(7) “Nonprofit organization” means an organization or group of organizations described
in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under
section 501(a) of the Internal Revenue Code.
(8) “Person” means the United States, the state or a public or private corporation, local
government unit, public agency, individual, partnership, association, firm, trust, estate or
other legal entity.
(9) “Producer” means any person, irrespective of the selling technique used:
(a) That manufactures inhalant delivery systems under a brand that the manufacturer
owns or is licensed to use;
(b) That sells inhalant delivery systems manufactured by others under a brand that the
seller owns;
(c) That manufactures inhalant delivery systems without affixing a brand;
(d) That imports inhalant delivery systems into this state for sale or distribution; or
(e) That first sells an inhalant delivery system into this state.
(10) “Responsible management” means the handling, tracking and disposition of inhalant
delivery systems from the point of collection through the final destination of the collected
material in a way that benefits the environment and minimizes risks to public health and
worker health and safety.
(11) “Retailer” means a person that offers inhalant delivery systems for sale at retail
through any means, including but not limited to remote offerings such as sales outlets, cat-
alogs or the Internet.
SECTION 3. Requirements to join inhalant delivery system producer responsibility or-
ganization and collect refund value. (1)(a) A producer may not sell, offer for sale or distribute
in or into this state an inhalant delivery system unless:
(A) The refund value specified in subsection (6) of this section is clearly indicated on the
inhalant delivery system or its label or packaging; and
(B) The producer satisfies the requirements of sections 2 to 17 of this 2025 Act by par-
ticipating in an inhalant delivery system producer responsibility organization that success-
fully implements an inhalant delivery system producer responsibility program.
(b) A producer must satisfy the requirement to join an inhalant delivery system producer
responsibility organization within 90 days of first selling, offering for sale or distributing an
inhalant delivery system in or into this state.
(2) The failure of an inhalant delivery system producer responsibility organization to
satisfy any of the responsibilities delegated to it by a producer for developing and imple-
menting an inhalant delivery system producer responsibility program does not relieve the
producer of the producer’s responsibility to satisfy the requirements of sections 2 to 17 of
this 2025 Act.
(3) Notwithstanding subsection (1) of this section, a producer is not required to be a
member of an inhalant delivery system producer responsibility organization if, for each
inhalant delivery system the producer sells, offers to sell or distributes in or into this state,
another person has registered with an inhalant delivery system producer responsibility or-
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ganization as the producer responsible for that inhalant delivery system under sections 2 to
17 of this 2025 Act.
(4) A producer that is registered with an inhalant delivery system producer responsibility
organizationmust:
(a) Pay the membership fee calculated under the schedule established by the organization
pursuant to section 9 of this 2025 Act; and
(b) Upon request, provide the organization with records or other information necessary
for the organization to meet the organization’s obligations under sections 2 to 17 of this 2025
Act.
(5) A retailer:
(a) May not sell an inhalant delivery system to a consumer unless the refund value
specified under subsection (6) of this section is clearly indicated on the inhalant delivery
system or its label or packaging.
(b) Shall collect from a consumer at the point of retail sale the refund value specified
under subsection (6) of this section.
(c) Shall remit to an inhalant delivery system producer responsibility organization the
refund value specified under subsection (6) of this section in accordance with procedures
established in the organization’s approved program plan.
(6) Every inhalant delivery system sold or offered for sale in this state shall have a re-
fund value of $5.
SECTION 4. Program plans. (1) In the form and manner prescribed by the Department
of Environmental Quality, an inhalant delivery system producer responsibility organization
must submit to the department a plan for implementing an inhalant delivery system pro-
ducer responsibility program as provided in this section.
(2) An inhalant delivery system producer responsibility program plan must describe how
the inhalant delivery system producer responsibility organization will implement an inhalant
delivery system producer responsibility program that satisfies the requirements of sections
2 to 17 of this 2025 Act. The plan must include:
(a) A list of all producers participating in the inhalant delivery system producer respon-
sibility organization.
(b) A description of how the inhalant delivery system producer responsibility organization
will:
(A) Provide for the responsible management of inhalant delivery systems in this state,
including how the program will:
(i) Ensure that inhalant delivery systems will be handled, transported and recycled or
disposed of in accordance with all applicable laws;
(ii) Prioritize the recycling of any components of an inhalant delivery system that can
be recycled; and
(iii) Ensure that materials that cannot be recycled are disposed of in compliance with all
applicable laws.
(B) Establish a convenient and equitable system to accept and pay the refund value for
inhalant delivery systems returned through the program that satisfies the requirements of
section 7 of this 2025 Act.
(C) Provide for education and public awareness as required by section 8 of this 2025 Act.
(D) Establish a schedule of membership fees sufficient to meet the financial obligations
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of the inhalant delivery system producer responsibility organization as described in section
9 of this 2025 Act.
(E) Ensure continuous improvement of the inhalant delivery system producer responsi-
bility program by establishing and working to achieve measurable performance goals for the
program.Performance goals must include the date by which the goal will be met.
(F) Coordinate with other inhalant delivery system producer responsibility organizations,
if applicable.
(c) A program budget that describes how the inhalant delivery system producer respon-
sibility organization will finance the inhalant delivery system producer responsibility pro-
gram, including the costs to carry out a program that satisfies the requirements of sections
2 to 17 of this 2025 Act apportioned among each producer, as required by section 9 of this
2025Act.
(d) Any other information required by the Department of Environmental Quality by rule.
SECTION 5. Approval of program plans. (1) The Department of Environmental Quality
shall approve an inhalant delivery system producer responsibility program plan submitted to
the department under section 4 of this 2025 Act if the plan demonstrates to the department’s
satisfaction that the plan meets the requirements of section 4 of this 2025 Act and that the
inhalant delivery system producer responsibility organization will successfully implement the
program in accordance with the plan.
(2) Not later than 90 days after receiving a plan under section 4 of this 2025 Act, the
department shall either approve, approve with conditions or reject the plan. If the depart-
ment rejects the plan, the department shall provide the reason or reasons for the rejection
to the inhalant delivery system producer responsibility organization in writing. An inhalant
delivery system producer responsibility organization must submit a revised plan to the de-
partment not later than 60 days after the date of the rejection.
(3) Not later than 60 days after receiving a revised plan under subsection (2) of this sec-
tion, the department shall either approve, approve with conditions or reject the revised plan.
If the department rejects the revised plan, the department shall provide the reason or rea-
sons for the rejection to the inhalant delivery system producer responsibility organization in
writing.An inhalant delivery system producer responsibility organization must submit a
second revised plan to the department no later than 45 days after the date of the rejection.
(4)(a) Except as provided in paragraph (b) of this subsection, no later than 45 days after
receiving a second revised plan under subsection (3) of this section, the department shall
either approve the second revised plan or make such modifications to the plan as necessary
for approval.
(b) If, after receiving a second revised plan, the department determines that the inhalant
delivery system producer responsibility organization will be unable to successfully implement
an inhalant delivery system producer responsibility program in accordance with a proposed
or modified plan, the department shall specify the date on which the inhalant delivery system
producer responsibility organization must cease to operate an inhalant delivery system pro-
ducer responsibility program in this state. The department may consider the past perform-
ance of an inhalant delivery system producer responsibility organization when making a
determination under this paragraph.
(5)(a) A plan approved by the department under this section is valid for three years. No
less than 180 days before a plan approved under this section expires, an inhalant delivery
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system producer responsibility organization shall submit an updated plan to be approved
under this section for an additional three years. An updated plan must satisfy the require-
ments of section 4 of this 2025 Act and describe any substantive changes from the previously
approvedplan.
(b) The department’s rejection of a plan does not relieve an inhalant delivery system
producer responsibility organization from continuing to implement an inhalant delivery sys-
tem producer responsibility program in compliance with a previously approved plan pending
a final action by the department on the updated plan.
(6) Subject to section 16 of this 2025 Act, an inhalant delivery system producer responsi-
bility program plan approved under this section may be made available to the public by the
department.
(7) Beginning no later than 90 days after a plan is approved under this section, an
inhalant delivery system producer responsibility organization must implement an inhalant
delivery system producer responsibility program as described in the approved plan.
SECTION 6. Changes to program plans. (1) In a form and manner prescribed by the De-
partment of Environmental Quality, an inhalant delivery system producer responsibility or-
ganization must request preapproval from the department for any change to an inhalant
delivery system producer responsibility program plan that substantively alters the program.
Except as provided in subsection (3) of this section, an inhalant delivery system producer
responsibility organization must make a request under this subsection not later than 60 days
before the change is to occur. For purposes of this subsection, the following types of
changes substantively alter an inhalant delivery system producer responsibility program:
(a) Changes involving the methods used to collect inhalant delivery systems;
(b) Changes to the methods, policies and procedures for handling and disposing of
inhalant delivery systems;
(c) Changes involving methods used to foster public awareness of the inhalant delivery
system producer responsibility program; and
(d) Changes to the location of a collection site.
(2) The department shall approve or reject a request submitted pursuant to subsection
(1) of this section within 60 days of receiving the request. If the department does not approve
or reject the request, and provide written notice to the inhalant delivery system producer
responsibility organization of the department’s decision within 60 days of the date on which
the department received the request, the proposed change shall be considered approved.
(3) If an inhalant delivery system producer responsibility organization intends to make
a proposed change to an inhalant delivery system producer responsibility program but, for
good cause as determined by the department, is unable to make a request 60 days before the
proposed change is to occur as required under subsection (1) of this section, the inhalant
delivery system producer responsibility organization shall notify the department of the pro-
posed change as far in advance of the proposed change as practicable. Upon receipt of notice
described in this subsection, the department shall consult with the inhalant delivery system
producer responsibility organization regarding the proposed change. Not later than seven
business days after receiving the notice, the department may temporarily approve the pro-
posedchange.
(4) The department may require an inhalant delivery system producer responsibility or-
ganization to modify an inhalant delivery system producer responsibility program plan and
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submit to the department changes for approval as described in subsections (1) to (3) of this
section if the department determines that the inhalant delivery system producer responsi-
bility organization is not meeting program goals described in an approved inhalant delivery
system producer responsibility program plan.
(5) In a form and manner prescribed by the department, an inhalant delivery system
producer responsibility organization must notify the department:
(a) Not later than 30 days after the change occurs, of any change to the contact infor-
mation for the inhalant delivery system producer responsibility organization.
(b) Not later than 60 days after the change occurs, of any change involving:
(A) Which producers are participating in the inhalant delivery system producer respon-
sibilityorganization;
(B) The contact information for a producer participating in the inhalant delivery system
producer responsibility organization; or
(C) The ownership of a producer participating in the inhalant delivery system producer
responsibilityorganization.
SECTION 7. Collection sites. (1) An inhalant delivery system producer responsibility or-
ganization shall establish collection sites throughout this state to accept and pay the refund
value of inhalant delivery systems. The collection sites must provide convenient and equita-
ble service to consumers throughout this state and meet convenience standards established
under subsection (3) of this section.
(2) A collection site may be:
(a) Operated by a retailer that agrees to accept and pay the refund value of inhalant de-
livery systems; or
(b) Operated by the inhalant delivery system producer responsibility organization at any
location that will provide convenient service to consumers.
(3) An inhalant delivery system producer responsibility organization may establish poli-
cies to limit the number of inhalant delivery systems that a collection site may accept from
any one person.
(4) An inhalant delivery system producer responsibility organization shall ensure that
each collection site is equipped with containers that are adequate to safely collect and store
used inhalant delivery systems.
(5)(a) The Environmental Quality Commission shall establish by rule convenience stan-
dards for collection sites. Rules established by the commission must provide for a minimum
number of collection sites in each county and city to ensure convenient and equitable service
throughout this state.
(b) Notwithstanding subsection (1) of this section, the Department of Environmental
Quality may waive the requirement to establish a minimum number of collection sites in a
city or county if a proposed inhalant delivery system producer responsibility program plan
demonstrates to the department’s satisfaction that alternative services or collection sites
would provide substantially equivalent collection convenience.
SECTION 8. Education and public awareness. (1) An inhalant delivery system producer
responsibility organization must develop educational resources and conduct public awareness
activities across multiple types of media to advertise and promote, on a regular basis, ef-
fective participation in the inhalant delivery system producer responsibility program.
(2) An inhalant delivery system producer responsibility organization must establish a
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toll-free telephone number and a website address that a person may use to:
(a) Learn the location of collection sites; and
(b) Provide feedback about the program.
(3) An inhalant delivery system producer responsibility organization shall coordinate with
other inhalant delivery system producer responsibility organizations, if applicable, to ensure
that program users can easily identify, understand and access the services provided by all
inhalant delivery system producer responsibility programs that are operational in this state.
At a minimum, all of the inhalant delivery system producer responsibility programs that are
operational in this state must provide a single toll-free telephone number and a single
website address that a program user may use to contact inhalant delivery system producer
responsibility organizations and to acquire information about inhalant delivery system pro-
ducer responsibility programs.
SECTION 9. Membership fees. (1) An inhalant delivery system producer responsibility
organization shall establish a schedule of membership fees to be paid by producers partic-
ipating in the organization. Membership fees established pursuant to this section must be
sufficient to meet the financial obligations of the organization under sections 2 to 17 of this
2025 Act.
(2) The schedule of membership fees must incentivize producers to continually reduce the
environmental and human health impacts of inhalant delivery systems. A fee schedule that
satisfies the requirements of this section may include a fee structure that:
(a) Encourages designs intended to facilitate reuse and recycling of inhalant delivery
systems;
(b) Discourages the use of materials that increase system costs of managing inhalant
delivery systems; or
(c) Encourages other design attributes that reduce the environmental impacts of inhalant
deliverysystems.
SECTION 10.Annual report. (1) An inhalant delivery system producer responsibility or-
ganization must submit to the Department of Environmental Quality, in a form and manner
prescribed by the department, an annual report on the development, implementation and
operation of the organization’s inhalant delivery system producer responsibility program.
The annual report must include:
(a) A list of producers participating in the inhalant delivery system producer responsi-
bility program, the brands associated with each producer and the date the producer began
participating in the organization.
(b) The number of inhalant delivery systems sold in or into this state by the producers
participating in the inhalant delivery system producer responsibility organization.
(c) The number of inhalant delivery systems that were collected and disposed of.
(d) An assessment of whether the inhalant delivery system producer responsibility or-
ganization implemented the program in accordance with the plan approved under section 5
of this 2025 Act.
(e) A list of collection sites, processors and transporters used by the program during the
preceding program year.
(f) A summary of public awareness and education activities performed by the inhalant
delivery system producer responsibility organization, alone or in coordination with one or
more inhalant delivery system producer responsibility organizations, sufficient to demon-
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strate to the department that the organization has satisfied the requirements of section 8
of this 2025 Act.
(g)(A) An analysis of whether the inhalant delivery system producer responsibility or-
ganization met performance goals proposed by the inhalant delivery system producer re-
sponsibility program plan; and
(B) If the inhalant delivery system producer responsibility organization did not meet
performance goals, a description of actions the organization will take to meet those goals.
(h) A summary financial statement documenting the financing of the inhalant delivery
system producer responsibility organization’s program and an analysis of program costs and
expenditures incurred in this state, including an analysis of the program’s expenses, such
as collection, transportation, recycling, education and administrative overhead.
(2) Subject to section 16 of this 2025 Act, a report provided to the department under this
section may be made available to the public by the department.
SECTION 11. Enforcement. (1) The Department of Environmental Quality shall have the
power to enter upon and inspect, at any reasonable time, any public or private property,
premises or place for the purpose of investigating either an actual or suspected violation of
sections 2 to 17 of this 2025 Act or rules adopted under sections 2 to 17 of this 2025 Act.
(2) An inhalant delivery system producer responsibility organization shall retain all re-
cords related to the implementation and administration of an inhalant delivery system pro-
ducer responsibility program for not less than three years from the time the record was
created and make the records available for inspection by the department upon request.
(3) In accordance with the applicable provisions of ORS chapter 183 relating to contested
case proceedings, the department may issue an order requiring compliance with the pro-
visions of sections 2 to 17 of this 2025 Act.
(4) In accordance with the applicable provisions of ORS chapter 183 relating to contested
case proceedings, and in accordance with ORS 468.130 and rules adopted pursuant to ORS
468.130, the department may issue civil penalties for violations of the provisions of sections
2 to 17 of this 2025 Act and rules adopted under sections 2 to 17 of this 2025 Act. All penalties
recovered for violations of sections 2 to 17 of this 2025 Act and rules adopted under sections
2 to 17 of this 2025 Act shall be paid into the State Treasury and credited to the Inhalant
Delivery System Producer Responsibility Fund established under section 14 of this 2025 Act.
(5) The department may issue an order under subsection (3) of this section to suspend
or revoke an inhalant delivery system producer responsibility program plan if the depart-
ment determines that:
(a) A violation or repeated violations of sections 2 to 17 of this 2025 Act present a risk
to the environment or public health; or
(b) A violation has had a material impact on the implementation and administration of
the inhalant delivery system producer responsibility program plan.
SECTION 12. Return with intent to defraud. A person may not, with the intent to de-
fraud, return for the refund value specified in section 3 of this 2025 Act an inhalant delivery
system that the person knows was not purchased in this state.
SECTION 13. Fees. (1) The Environmental Quality Commission shall establish the fol-
lowing fees for the purpose of paying the costs of administering sections 2 to 17 of this 2025
Act:
(a) A plan review fee for reviewing an inhalant delivery system producer responsibility
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program plan submitted under section 4 of this 2025 Act.
(b) An annual fee for expenses associated with the ongoing costs of administering
sections 2 to 17 this 2025 Act.
(2) Each inhalant delivery system producer responsibility organization that operates an
inhalant delivery system producer responsibility program in this state is responsible for
paying the fees established by this section. If more than one inhalant delivery system pro-
ducer responsibility organization operates an inhalant delivery system producer responsibil-
ity program in this state, the fee established under subsection (1)(b) of this section shall be
paid in equal parts by each organization.
(3) Fees established under subsection (1) of this section must be reasonably calculated
to cover the costs of administering sections 2 to 17 of this 2025 Act.
(4) The department shall deposit fee moneys collected pursuant to this section into the
Inhalant Delivery System Producer Responsibility Fund established under section 14 of this
2025 Act.
SECTION 14. Inhalant Delivery System Producer Responsibility Fund. (1) The Inhalant
Delivery System Producer Responsibility Fund is established in the State Treasury, separate
and distinct from the General Fund. Interest earned by the Inhalant Delivery System Pro-
ducer Responsibility Fund shall be credited to the fund.
(2) The Inhalant Delivery System Producer Responsibility Fund shall consist of:
(a) Amounts deposited in the fund by the Department of Environmental Quality under
section 13 of this 2025 Act;
(b) Amounts credited to the fund under section 11 of this 2025 Act;
(c) Amounts appropriated or otherwise transferred to the fund by the Legislative As-
sembly;and
(d) Other amounts deposited in the fund from any other source.
(3) Moneys in the Inhalant Delivery System Producer Responsibility Fund are contin-
uously appropriated to the Department of Environmental Quality for the purpose of carrying
out sections 2 to 17 of this 2025 Act.
SECTION 15. Antitrust immunity. The Legislative Assembly declares that the collab-
oration of producers through inhalant delivery system producer responsibility organizations
to develop and implement inhalant delivery system producer responsibility program plans is
in the best interests of the public. Therefore, the Legislative Assembly declares its intent
that participating in an inhalant delivery system producer responsibility organization to im-
plement an inhalant delivery system producer responsibility program plan as required by
sections 2 to 17 of this 2025 Act and collecting and refunding the refund value specified in
section 3 of this 2025 Act shall be exempt from state antitrust laws. The Legislative Assem-
bly further declares its intent to provide immunity for participating in an inhalant delivery
system producer responsibility organization to implement an inhalant delivery system pro-
ducer responsibility program plan as required by sections 2 to 17 of this 2025 Act and col-
lecting and refunding the refund value specified in section 3 of this 2025 Act 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 sections 2 to 17 of this 2025 Act.
SECTION 16. Confidentiality. A producer or inhalant delivery system producer responsi-
bility organization that submits information or records to the Department of Environmental
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Quality under sections 2 to 17 of this 2025 Act may request that the information or records
be made available only for the confidential use of the department. The department shall
consider the request and weigh the harm suffered by the disclosing party against the public
interest in disclosure. Information or records for which the department grants a request
under this section are confidential and not subject to public disclosure under ORS 192.311 to
192.478, except that the department may disclose summarized information or aggregated data
if the information or data does not directly or indirectly identify the confidential information
of a specific producer or inhalant delivery system producer responsibility organization.
SECTION 17. Rules. The Environmental Quality Commission may adopt any rules neces-
sary for the effective administration of sections 2 to 17 of this 2025 Act.
SECTION 18. ORS 459.992 is amended to read:
459.992. Criminal penalties. (1) The following are Class A misdemeanors:
(a) Violation of rules or ordinances adopted under ORS 459.005 to 459.105 and 459.205 to 459.385.
(b) Violation of ORS 459.205.
(c) Violation of ORS 459.270.
(d) Violation of ORS 459A.080.
(e) Violation of ORS 459.272.
(2) Each day a violation referred to by subsection (1) of this section continues constitutes a
separate offense. The separate offenses may be joined in one indictment or complaint or information
in several counts.
(3) Violation of ORS 459A.705, 459A.710, 459A.718 (7) or 459A.720 is a Class A misdemeanor.
(4) Violation of ORS 459A.716 or section 12 of this 2025 Act is a Class D violation. Each day
that a violation referred to in this subsection occurs is a separate offense. The separate offenses
may be joined in one indictment or complaint or information in several counts.
(5) In addition to the penalty prescribed by subsection (3) of this section, the Oregon Liquor and
Cannabis Commission or the State Department of Agriculture may revoke or suspend the license of
any person who willfully violates ORS 459A.705, 459A.710, 459A.718 (7) or 459A.720, who is required
by ORS chapter 471 or 635, respectively, to have a license.
SECTION 19. ORS 459.995, as amended by section 6, chapter 73, Oregon Laws 2023, is amended
toread:
459.995. Civil penalties. (1) Except as provided in subsection (2) of this section, in addition to
any other penalty provided by law:
(a) Any person who violates ORS 459.205, 459.270, 459.272, 459.386 to 459.405, 459.485, 459.705
to 459.790, 459A.005 to 459A.620, 459A.310 to 459A.335, 459A.860 to 459A.975 or 646A.080[ ,] or
sections 2 to 17 of this 2025 Act or any rule or order of the Environmental Quality Commission
pertaining to the disposal, collection, storage or reuse or recycling of solid wastes, as defined by
ORS 459.005, or any rule or order pertaining to the disposal, storage or transportation of waste
tires, as defined by ORS 459.705, or any rule or order pertaining to the sale of novelty items that
contain encapsulated liquid mercury or any rule or order pertaining to compact fluorescent lamps
or linear fluorescent lamps, as defined by ORS 459.485, or any rule or order adopted or issued
pursuant to sections 2 to 17 of this 2025 Act incurs a civil penalty not to exceed $25,000 per day
for each day of the violation.
(b) Any person who violates the provisions of ORS 459.420 to 459.426 incurs a civil penalty not
to exceed $500 for each violation. Each battery that is disposed of improperly is a separate violation.
Each day an establishment fails to post the notice required under ORS 459.426 is a separate vio-
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lation.
(c) For each day a city, county or metropolitan service district fails to provide the opportunity
to recycle as required under ORS 459A.005, the city, county or metropolitan service district incurs
a civil penalty not to exceed $500 for each violation.
(d) Any person who violates the provisions of ORS 459.247 (1)(f) incurs a civil penalty not to
exceed $500 for each violation. Each covered electronic device that is disposed of improperly is a
separate violation.
(e) Any retailer that violates the provisions of ORS 459A.156 or 459A.825 (1) or (2)(b) incurs a
civil penalty not to exceed $100 per day for each day of the violation.
(f) Any producer or renovator that violates the provisions of ORS 459A.156 or 459A.825 (1) in-
curs a civil penalty not to exceed $1,000 per day for each day of the violation.
(g) Any stewardship organization that violates the provisions of ORS 459A.150 to 459A.189,
459A.825 (2)(a), 459A.827, 459A.830 to 459A.837 or 459A.842 incurs a civil penalty not to exceed
$1,000 per day for each day of the violation.
(h) Any food vendor that violates ORS 459.468 incurs a civil penalty not to exceed $100 for each
day of the violation.
(i) Any person that violates ORS 459.471 or 459.474 incurs a civil penalty not to exceed $500
per day for each day of the violation.
(2) Any product manufacturer or package manufacturer who violates ORS 459A.650 to 459A.665
or any rule adopted under ORS 459A.650 to 459A.665 incurs a civil penalty not to exceed $1,000 per
day for each day of the violation. A violation of ORS 459A.650 to 459A.665 is not subject to addi-
tional penalties under subsection (1) of this section.
(3) Any civil penalty authorized by subsection (1) or (2) of this section shall be imposed in the
manner provided by ORS 468.135.
SECTION 20. Required date for initial plan. (1) An inhalant delivery system producer re-
sponsibility organization shall first submit an inhalant delivery system producer responsibil-
ity program plan to the Department of Environmental Quality for approval under section 4
of this 2025 Act no later than September 1, 2027.
(2) An inhalant delivery system producer responsibility program plan described in this
section must be operational by July 1, 2028.
SECTION 21.Applicability. Notwithstanding section 3 of this 2025 Act, on or before June
30, 2028:
(1) A producer may sell, offer for sale or distribute in or into this state an inhalant de-
livery system without a refund value clearly indicated on the inhalant delivery system or its
packaging.
(2) A retailer:
(a) May sell an inhalant delivery system without a refund value clearly indicated on the
inhalant delivery system or its packaging.
(b) Is not required to collect or remit the refund value of an inhalant delivery system.
SECTION 22. Section captions. The section captions used in this 2025 Act are provided
only for the convenience of the reader and do not become part of the statutory law of this
state or express any legislative intent in the enactment of this 2025 Act.
SECTION 23.This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
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