Document Jv37kLvN8j5rqRMxdaRM5Zj7r
B. SECTION BY SECTION ANALYSIS
PART I: DEFINITIONS.
g 101.
The Task Force recommendation refers to "soft drinks." The definition of "beverage" here sharpens this term without expanding or limiting its scope . to insure that persons affected by the regulation have adequate notice of its coverage. This defini tion is similar to 1(i) in the Oregon Law (see IIEQ Document No. TF-1, p. 46.) It does not cover,.orange juice, fruit juices, or liquor. Liquor containers are regulated to some extent by federal law.
g 102.
Beverage containers are defined in detail to insure adequate notice of the scope of the regulation.
5 103.
The proposed regulation applies only to the trans
action between the ultimate consumer and the
person from whom he purchases beverages in beverage
containers. The definition of consumer, and the
co-ordinate definition in 106 of "use or con
sumption," focus the regulation on the retail
level of trade, as specified in the
for re
-recommendation.
104.
The definition of "dealer" parallels the definition of."consumer," focusing on the retail level of trade. The dealer will usually be a retail, store,* such as a grocery, drug or package .goods store. However, the definition of "dealer" is-broad ' enough to include any seller with, respect to those .of his sales which'are made to customers fitting the 103 definition of a "consumer." Thus, -it includes sellers who do not normally sell-to consumers; but only with respect .to transactions with consumers.
g 105.
The definition of "person" is the definition in g 3(i) of the Environmental Protection Act of 1970.
106.
The definition of "use or consumption" relates to the definition of "consumer" in g 103.