2025 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 459A - Reuse and Recycling
Section 459A.759 - State preemption of certain local provisions.
To prohibit or limit the use of recycled paper checkout bags, reusable fabric checkout bags, reusable plastic checkout bags or single-use checkout bags by a restaurant or retail establishment, a city, county or other local government, as defined in ORS 174.116:
(1) May adopt a local provision that establishes definitions, requirements and restrictions that are identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.
(2) May amend a local provision that was in effect before January 1, 2020, so the local provision establishes definitions, requirements and restrictions that are identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.
(3) May adopt, amend or enforce a local provision to impose a penalty other than the penalty established by ORS 459.993. A restaurant or retail establishment may be charged with a violation under either the local provision or ORS 459.993, but not both.
(4) May not adopt or enforce a local provision that establishes definitions, requirements or restrictions that are not identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.
(5) Notwithstanding subsection (4) of this section, may adopt, amend or enforce a local provision to require a restaurant or retail establishment to charge a fee of more than five cents under provisions otherwise identical to ORS 459A.757 (1)(b) and (3)(b). [2019 c.434 §3]
Note: The amendments to 459A.759 by section 3, chapter 276, Oregon Laws 2025, become operative January 1, 2027. See section 4, chapter 276, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.
To prohibit or limit the use of recycled paper checkout bags or single-use checkout bags by a restaurant or retail establishment, a city, county or other local government, as defined in ORS 174.116:
(1) May adopt a local provision that establishes definitions, requirements and restrictions that are identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.
(2) May amend a local provision so the local provision establishes definitions, requirements and restrictions that are identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.
(3) May adopt, amend or enforce a local provision to impose a penalty other than the penalty established by ORS 459.993. A restaurant or retail establishment may be charged with a violation under either the local provision or ORS 459.993, but not both.
(4) May not adopt or enforce a local provision that establishes definitions, requirements or restrictions that are not identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.
(5) Notwithstanding subsection (4) of this section, may adopt, amend or enforce a local provision to require a restaurant or retail establishment to charge a fee of more than five cents under provisions otherwise identical to ORS 459A.757 (1)(b).
Note: See second note under 459A.755.
