(1) Except as provided in subsections (2) and (3) of this section, every beverage container sold or offered for sale in this state shall have a refund value of not less than five cents.
(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) The commission may not make a determination under this subsection before January 1, 2016.
(c) In making a determination under this subsection, the commission may not include the beverage containers and beverages described in ORS 459A.702 (2)(b) 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.
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