Or. Admin. Code § 340-090-0330

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-090-0330 - Rigid Plastic Containers

(1) A rigid plastic container is a plastic bottle, jar, cup, tub, pail, "clamshell" container, or other plastic container which meets the following criteria:

(a) Is designed to hold a product for sale;

(b) Has a volume of not less than eight fluid ounces and not more than five gallons. The volume of the container must be determined using one of the following methods:

(A) For a container which is labeled in liquid measure, the labeled volume; or

(B) The measured liquid volume of the container; and

(C) For containers which have a labeled product liquid volume of five gallons or less and a measured container liquid volume of more than five gallons the labeled product volume must be used.

(c) Is composed predominantly of plastic resin;

(d) Is able to maintain its shape, whether empty or full, under normal usage, independent of any product which it contains or other external support.

Comment: Plastic tubes and blister packs are excluded from the definition of a rigid plastic container.

(2) The following containers are also rigid plastic containers if they meet the criteria set forth in section (1) of this rule:

(a) Plastic boxes, baskets, crates, and flower pots that are sold containing a product;

(b) Plastic trays that have sidewalls designed to contain a product in the tray.

(3) The determination of whether a container meets the definition of rigid plastic container must be based solely upon the characteristics of the plastic container itself at the time of determination and not upon any material used as packaging for a rigid plastic container or for packaging of individual products within a rigid plastic container.

(4) Lids and caps are not considered to be part of a rigid plastic container except when they meet one of the following criteria:

(a) Are designed to be permanently attached to a rigid plastic container; or

(b) Independently meet the criteria set forth in section (1) of this rule.

(5) The following packaging items may not be considered part of a rigid plastic container:

(a) Labels;

(b) Those parts of the whole package or of the rigid plastic container for which the principal purpose is to provide a tamper resistant seal. This does not include portions of a rigid plastic container that have a principal purpose other than providing a tamper resistant seal; and

(c) A bag, film, or flexible inner or outer wrap that is used to cover or contain a product or a rigid plastic container.

Or. Admin. Code § 340-090-0330

DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 3-2017, f. & cert. ef. 1/19/2017

Stat. Auth.: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020

Stats. Implemented: ORS 459A.650, 459A.655 & 459A.675