Section 459A.153 - Definitions As used in ORS 459A.150 to 459A.189:
(1) "Brand" means a name, symbol, word or mark that attributes a mattress to the producer of the mattress.(2) "Consumer" means a person who is the purchaser, by retail sale, of a mattress for final delivery and use in this state.(3) "Discarded mattress" means a mattress that has been used, and abandoned or discarded, in this state.(4) "Environmentally sound management" includes, but is not limited to, the following management practices, implemented in a manner that is designed to protect public health and safety and the environment:(a) Adequate record keeping;(b) Keeping detailed documentation of the methods used to: (A) Manage discarded mattresses; and(B) Track and document the fate of discarded mattresses from collection through final disposition within this state and outside this state;(c) Performance audits and inspections of recyclers, haulers and other parties as determined by a stewardship organization;(d) Compliance with worker health and safety requirements; and(e) Maintenance of adequate liability insurance for a stewardship organization and contractors working for the stewardship organization.(5) "Final disposition" means the point beyond which no further processing takes place and a discarded mattress and its components have been recycled, renovated or disposed of.(6) "Foundation" means a ticking-covered structure that is used to support a mattress or sleep surface and that may be constructed of frames, foam, box springs or other materials, used alone or in combination.(7)(a) "Mattress" means: (A) A resilient material or combination of materials that is enclosed by a ticking, is used alone or in combination with other products and is intended for or promoted for sleeping upon; or(b) "Mattress" does not mean: (A) An unattached mattress pad or unattached mattress topper, with or without resilient filling or ticking, that is intended to be used with or on top of a mattress;(D) A car bed, crib mattress or bassinet mattress;(E) A carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib bumper or other product manufactured for young children or the pad for a product described in this subparagraph;(F) A water bed, an air mattress or another product that contains liquid- or gas-filled ticking and that does not contain upholstery material between the ticking and the mattress core; or(G) A foldout sofa bed, futon, futon mattress or upholstered furniture.(8) "Mattress core" means the principal support system that is present in a mattress and that may be constructed of materials such as springs, foam, air or water bladders or resilient filling.(9) "Mattress stewardship assessment" means the amount added at retail sale to the purchase price of a mattress to cover the costs of a mattress stewardship program.(10) "Mattress stewardship program" means a statewide program for the collection of discarded mattresses and environmentally sound management of program mattresses that is operated by a stewardship organization pursuant to a plan approved by the Department of Environmental Quality under ORS 459A.165.(11) "Mattress topper" means any item that contains resilient filling, with or without ticking, that is intended to be used with or on top of a mattress.(12) "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.(13) "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.(14) "Premium service" means a service such as at-home pickup service, including curbside pickup service.(15) "Producer" means any person, irrespective of the selling technique used, including that of remote sale, that:(a) Manufactures a mattress that is sold, offered for sale or distributed in this state;(b) Is the owner of a trademark or brand under which a mattress is sold, offered for sale or distributed in this state, whether or not such trademark or brand is registered in this state; or(c) Imports a mattress into the United States that is sold or offered for sale in this state.(16)(a) "Program mattress" means a discarded mattress that a stewardship organization will provide environmentally sound management for under a mattress stewardship program.(b) "Program mattress" does not mean a mattress transported from outside this state to be discarded in this state.(17)(a) "Renovate" means to alter a discarded mattress for resale through replacing the ticking or filling, adding additional filling or replacing components of the discarded mattress with new or recycled materials.(b) "Renovate" does not mean:(A) Stripping a discarded mattress of the ticking or filling without adding new material; or(B) The sanitization or sterilization of a discarded mattress without other alteration to the discarded mattress.(18) "Renovator" means a person that renovates discarded mattresses.(19) "Retailer" means a person that offers new, used or renovated mattresses for retail sale.(20) "Retail sale" means sale to a consumer in this state by any means and for any purpose other than resale, including but not limited to sale by remote offerings such as sales outlets, catalogs or the Internet.(21) "Sanitization" means the direct application of chemicals to a mattress to kill pathogens that cause human disease.(22) "Sterilization" means the mitigation of any deleterious substances or organisms, including pathogens that cause human disease, fungi and insects, from a mattress or filling material using a chemical or heat process.(23) "Stewardship organization" means a nonprofit organization designated by a producer or group of producers to implement a mattress stewardship program.(24)(a) "Ticking" means the outermost layer of fabric or related material of a mattress.(b) "Ticking" does not mean any layer of fabric or material quilted together with, or otherwise attached to, the outermost layer of fabric or material of a mattress.Added by 2022 Ch. 102, § 2