(2)(a) Every beverage container sold or offered for sale in this state shall have a refund value of not less than 10 cents, beginning on the later of:

(A) Eight months after the Oregon Liquor Control Commission determines that, in each of the two previous calendar years, the number of beverage containers returned for the refund value specified in this section was less than 80 percent of the total number of beverage containers that were sold in this state; or

(B) January 1 of the calendar year following the determination by the commission described in subparagraph (A) of this paragraph.

(b) In making a determination under this subsection, the commission may not include the beverages described in ORS 459A.702 (2) before January 1, 2021.

(3) Every beverage container certified as provided in ORS 459A.725, sold or offered for sale in this state, shall have a refund value of not less than two cents. [Formerly 459.820; 2011 c.277 §3; 2019 c.366 §3]

Note: Section 4, chapter 366, Oregon Laws 2019, provides:

Sec. 4. On and after the effective date of this 2019 Act [September 29, 2019] and until January 1, 2021:

(1) The refund value paid for a beverage container that contained hard seltzer or kombucha, as those terms are defined in ORS 459A.700, shall be not less than 10 cents, regardless of the refund value, or lack of a refund value, indicated on the beverage container.

(2) A beverage container that contains hard seltzer or kombucha, as those terms are defined in ORS 459A.700, may be sold or offered for sale in this state regardless of the refund value, or lack of a refund value, indicated on the beverage container, notwithstanding ORS 459A.720 (1). [2019 c.366 §4]