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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 551
Sponsored by Senator SOLLMAN, Representatives NERON, ANDERSEN; Senators MANNING JR,
PATTERSON, PHAM K, REYNOLDS, Representatives CHAICHI, FRAGALA, GAMBA,
GOMBERG, HUDSON, JAVADI, LIVELY, MARSH, NOSSE (Presession filed.)
CHAPTER .................................................
AN ACT
Relating to plastic waste; creating new provisions; and amending ORS 459A.755, 459A.757 and
459A.759.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 459A.755 is amended to read:
459A.755. As used in this section and ORS 459A.757 and 459A.759:
(1) “Garment bag” means a large bag that incorporates a hanger on which garments may be
hung to prevent wrinkling during travel or storage.
(2) “Local provision” means a charter provision, ordinance, resolution or other provision
adopted by a city, county or other local government, as defined in ORS 174.116.
(3) “Nonwood renewable fiber” means plant-based fiber other than fiber derived from a tree.
(4) “Recycled paper checkout bag” means a paper bag that contains:
(a) At least 40 percent post-consumer recycled fiber;
(b) At least 40 percent nonwood renewable fiber; or
(c) A combination of post-consumer recycled fiber and nonwood renewable fiber that totals at
least 40 percent.
(5) “Restaurant” means an establishment where the primary business is the preparation of food
or drink:
(a) For consumption by the public;
(b) In a form or quantity that is consumable then and there, whether or not it is consumed
within the confines of the place where prepared; or
(c) In consumable form for consumption outside the place where prepared.
(6) “Retail establishment” means a store that sells or offers for sale goods at retail and that is
not a restaurant.
[(7) “Reusable fabric checkout bag” means a bag with handles that is specifically designed and
manufactured for multiple reuse and is made of cloth or other machine-washable fabric. ]
[(8) “Reusable plastic checkout bag” means a bag with handles that is specifically designed and
manufactured for multiple reuse and is made of durable plastic that is at least four mils thick. ]
[(9)(a)] (7)(a) “Single-use checkout bag” means a bag made of paper, plastic or any other mate-
rial that is provided by a retail establishment or restaurant to a customer at the time of checkout,
and that is not a recycled paper checkout bag[ , a reusable fabric checkout bag or a reusable plastic
checkout bag ].
(b) “Single-use checkout bag” does not mean:
Enrolled Senate Bill 551 (SB 551-B) Page 1
(A) A bag that is provided by a retail establishment to a customer at a time other than the time
of checkout, including but not limited to bags provided to:
(i) Package bulk items such as fruit, vegetables, nuts, grains, greeting cards or small hardware
items, including nails, bolts or screws;
(ii) Contain or wrap frozen food, meat, fish, flowers, a potted plant or another item for the pur-
pose of addressing dampness or sanitation;
(iii) Contain unwrapped prepared food or a bakery good; or
(iv) Contain a prescription drug;
(B) A newspaper bag, door hanger bag, garment bag, laundry bag or dry cleaning bag; or
(C) A bag sold in a package containing multiple bags for uses such as food storage, garbage
containment or pet waste collection.
SECTION 2.
ORS 459A.757 is amended to read:
459A.757. (1) Except as provided in subsection (2) of this section, a retail establishment may not
provide:
(a) Single-use checkout bags to customers.
(b) Recycled papercheckout bags[, reusable fabric checkout bags or reusable plastic checkout
bags] to customers unless the retail establishment charges not less than five cents for each recycled
paper checkout bag[ , reusable fabric checkout bag or reusable plastic checkout bag ].
(2) A retail establishment may provide[ :]
[(a) Reusable fabric checkout bags at no cost to customers as a promotion on 12 or fewer days in
a calendar year. ]
[(b)] recycled paper checkout bags [ or reusable plastic checkout bags ] at no cost to customers
who:
[(A)] (a) Use a voucher issued under the Women, Infants and Children Program established un-
der ORS 413.500.
[(B)] (b) Use an electronic benefits transfer card issued by the Department of Human Services.
[(3) Except as provided in subsection (4) of this section, a restaurant may not provide: ]
[(a) single-use checkout bags to customers. ]
[(b) Reusable plastic checkout bags to customers unless the restaurant charges not less than five
cents for each reusable plastic checkout bag. ]
(3) A restaurant may not provide single-use checkout bags to customers.
(4) A restaurant may provide[:]
[(a)] recycled paper checkout bags at no cost to customers.
[(b) Reusable plastic checkout bags at no cost to customers who use an electronic benefits transfer
card issued by the Department of Human Services. ]
SECTION 3.
ORS 459A.759 is amended to read:
459A.759. 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 establish-
ment, 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, require-
ments 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 re-
strictions that are not identical to the definitions, requirements and restrictions established by ORS
459A.755 and 459A.757.
Enrolled Senate Bill 551 (SB 551-B) Page 2
(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 pro-
visions otherwise identical to ORS 459A.757 (1)(b) [ and (3)(b)].
SECTION 4. The amendments to ORS 459A.755, 459A.757 and 459A.759 by sections 1 to 3
of this 2025 Act become operative on January 1, 2027.
Passed by Senate March 11, 2025
Repassed by Senate May 27, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House May 21, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 551 (SB 551-B) Page 3