(1) Except as provided in subsection (3) of this section, a producer, renovator or retailer may not sell or offer for sale any mattress to any person in this state unless the producer, renovator or retailer is registered with a stewardship organization with a plan approved by the Department of Environmental Quality under ORS § 459A.165.

(2) On and after the date that a mattress stewardship program is implemented, a retailer:

(a) May purchase a mattress only from a producer or renovator that is registered with a stewardship organization as of the date of purchase as evidenced by information made available by a stewardship organization pursuant to subsection (4) of this section;

(b) Shall collect, at the point of retail sale, the mattress stewardship assessment established pursuant to a plan approved by the department under ORS § 459A.165 and remit the mattress stewardship assessment to the stewardship organization that implements the mattress stewardship program; and

(c) Shall provide to consumers, at the point of retail sale, information on available collection opportunities for discarded mattresses through the mattress stewardship program.

(3) A retailer registered with a stewardship organization that purchased a mattress from a producer or renovator in compliance with subsection (2)(a) of this section is not in violation of subsection (1) of this section if, at the time the retailer sells the mattress to a consumer, the producer or renovator that the retailer purchased the mattress from is no longer registered with a stewardship organization.

(4) A stewardship organization shall make available on the stewardship organization’s website and on request:

(a) Information on the brands owned by all producers and renovators registered with the stewardship organization;

(b) Information on available collection opportunities; and

(c) Any other information necessary for retailers to comply with subsection (2) of this section.

(5) A retailer shall identify the mattress stewardship assessment as a separate line item on the receipt for a mattress provided to a consumer at the point of sale. The mattress stewardship assessment may not be described on the receipt as an Oregon recycling fee.

(6)(a) Subject to paragraph (b) of this subsection, a stewardship organization may use a mattress stewardship assessment collected in this state only to pay the costs necessary to plan, implement, administer and operate a mattress stewardship program in this state.

(b) A stewardship organization may not use any moneys collected through a mattress stewardship assessment to pay penalties assessed against the stewardship organization under ORS § 459.995.

(7) Nothing in this section prevents a stewardship organization from, with notice to the department, coordinating efforts for carrying out a mattress stewardship program in this state with programs for the collection and environmentally sound management of discarded mattresses in other states.

(8) The department shall maintain on its website a list of all producers, renovators and retailers that are in compliance with ORS § 459A.150 to 459A.189. [2022 c.102 § 3]

See note under 459A.150.