JOIN  |  LOG IN
OREGON RESTAURANT & LODGING ASSOCIATION
  • ABOUT
    • Contact Us
    • ORLA Board
    • OHF Board
    • ORLAMS Board
    • Staff
    • Industry Facts
    • Industry Groups
  • MEMBERSHIP
    • Restaurant & Lodging Membership
    • Allied Membership
    • Buyers' Guide
    • Cost-Saving Member Programs >
      • Coupons & Discounts
      • SAIF
      • Dell Technologies
      • Clover
      • Hospitality Insurance Program
      • ASCAP
      • BMI
      • Hospitality Partners
    • Lodging Listings
  • ADVOCACY
    • Take Action
    • Compliance & ADA
    • Federal Advocacy
    • Legislative Session
    • Local Advocacy & Leadership
    • Lottery
    • ORLA Outcomes
    • Meet the Team
    • Support PAC >
      • Donate to PAC
  • FOUNDATION
    • Foundation Board
    • Contribute
    • Guest Service Gold®
    • ProStart >
      • ProStart Championships
      • Prostart / CTE Resources
    • SHARE YOUR STORY
    • Workforce Development >
      • Best Practices
      • Hospitality Job Videos
      • Restaurant Ready
  • TRAINING
    • Alcohol Server Training
    • Food Handler Training
    • ServSafe® Manager
    • Crises & Disasters
    • Guest Service Gold®
    • Industry Training
    • Oregon Tourism Leadership Academy >
      • Before You Apply
      • Experiential Learning Overview
    • Webinars
    • Workforce Resources >
      • Best Practices
      • Hospitality Job Videos
      • Restaurant Ready
  • RESOURCES / EVENTS
    • Ads & Sponsorships
    • Buyer's Guide
    • Blog
    • Calendar
    • Digital Publication
    • ORLA Events >
      • Awards & Recognition
      • ORLA Awards
    • Podcast
    • FAQs
    • Compliance & ADA >
      • Wage and Hour
      • Federal & State Agencies
    • Crises & Disasters
    • Resource Library
    • Sustainability >
      • Reducing Food Waste

New Laws in 2020

1/2/2020

 
There were several new statewide laws passed in the 2019 Oregon Legislative Session that went into effect as of January 1, 2020 or earlier this year. The following are some of the more frequently asked bills related to hospitality businesses.

Plastic Straws on Request
SB 90 prohibits food and beverage providers or convenience stores from providing single-use plastic straws to consumers unless consumers specifically request single-use plastic straws. Although ORLA opposed this bill, we were able to gain concessions such as allowing for employees to offer drive-thru customers a plastic straw rather than requiring them to ask for one. After notice for a first and second violation, subsequent violations may include a fine of "not more than $25 for each day in which the food and beverage provider... remains in violation... The enforcement officer may not impose total fines of more than $300 during a calendar year." Read the specific bill language on SB 90. 

FAQs on plastic straws:
  1. Can drive-thru locations still give straws without guest request? Restaurant drive-thru windows can verbally offer single-use plastic straws to consumers in vehicles.
  2. I understand that cocktail straws are considered stirrers. Does the same law apply for self-serve coffee stations (i.e., hotel breakfast areas)? There is no statewide single-use plastic ban on stirrers. Only in local jurisdictions (like Portland) does this exist. A single-use plastic straw must be used to transfer liquid from a container to a person’s mouth, therefore stirrers should still be exempt.
  3. Can service staff at a sit-down (full-service) restaurant ask the guest if they would like a straw? No, the guests will need to ask for a straw. The exception includes, "in which the consumer may receive a delivery of prepared food or a beverage while seated in or on a vehicle."
  4. If a location has both a drive-thru and a dining room are the guests who dine-in served differently than those who drive through? Yes. Drive-thrus are explicitly allowed to be more proactive in asking if the customer wants a straw.   
  5. Are hotel rooms with coffee service exempt from the plastic straw rule? Yes. They are not considered a licensed restaurant. Related, a hotel breakfast area, if it is just a breakfast area and not a restaurant, could provide plastic straws without a guest having to request them because they are not a licensed restaurant.
  6. Do quick-service locations with a self-serve soda fountain need to remove straws from the self-serve area and only have them behind the counter for customers to request? Yes, if they are a restaurant. The exemption is that convenience stores can still have straws out in self-service areas if the convenience store doesn’t have space behind the counter to store the straws where staff are.
  7. What other materials can be used for single-use straws instead? Businesses can still include straws if they’re not made from any sort of plastic; other material options may include but are not limited to paper, pasta, sugar cane, wood, or bamboo.
  8. Are mobile food trucks that have walk-up customers treated like a “drive-thru?" No. The definition in the bill requires the person to be "seated in or on a vehicle."

Plastic Bag Ban
HB 2509B prohibits retail establishments from providing single-use checkout bags to customers, except in certain cases. ORLA opposed this bill to ban all plastic checkout bags from restaurants, grocery stores and other establishments. Violations carry a maximum fine of $250 with one occurrence per day maximum. Enforcement officers are those who conduct inspections on behalf of your local government or regulating state agency, and may determine compliance during these inspections. Read the specific bill language on HB 2509.

FAQs on Plastic Bags:
  1. Do drive-thru locations need to adhere to the new single-use plastic bag ban? Yes.
  2. What can restaurants provide to customers? Restaurants 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, or if they charge not less than five cents per bag.
  3. What are the restrictions for restaurants? Restaurants 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.
  4. Are single-use biodegradable plastic bags still allowed? No. Checkout bags can only be a recycled paper checkout bag, a reusable fabric checkout bag or a reusable plastic checkout bag.

Resources:
  • DEQ/State of Oregon website
  • Sustainable Shopping Initiative FAQs
  • A Better Way to Bag - FAQs and Suggestions from Hillsboro Chamber and City of Hillsboro

Some cities in Oregon have already instituted plastic bag bans. This new law “generally preempts, or overrides, any existing local checkout bag policy." Local governments cannot have different restrictions from the statewide law in their local policy, but could require a higher fee and impose a penalty other than the penalty established under HB 2509—but a restaurant or retail store can only be charged with a violation under either the local provision or HB 2509.
  • City of Portland Single-Use Plastics 
  • City of Salem Plastic Bag Ban in Effect 

Commercial Activities Tax
The new Commercial Activity Tax is imposed only after a taxpayer exceeds $1 million of taxable commercial activity. Once they pass that threshold, the tax is $250 plus 0.57% on gross receipts greater than $1 million after subtractions. Draft rules have been released by the Department of Revenue, including estimated payments and filing extensions. The Department of Revenue intends to release a series of draft rules through March, with the permanent rulemaking process beginning on April 1, 2020. The tax begins on January 1, 2020. It includes all business entity types, including C and S corporations, partnerships, sole proprietorships, etc. Read more on the CAT, timelines, and other resources.

Accommodations for Pregnancy Related Conditions
The Oregon Legislature recently passed House Bill 2341 (2019) which provides additional employee protections related to pregnancy, childbirth or a related medical condition, including lactation. Read more at Oregon.gov/boli.

Real ID
As of Oct. 1, 2020, regular Oregon driver’s licenses will no longer be valid to board a commercial flight, or do other activities where a federally approved form of identification is required. Should someone choose not to upgrade to a Real ID, a standard Oregon driver’s licenses will still be good for activities, such as driving, purchasing alcohol, registering to vote or applying for benefits.

​Questions? If you have additional questions on these or other new laws, contact Nicole Peterson, Government Affairs Coordinator, at 503.320.9823.
​
Sean McCleary link
1/9/2020 11:45:51 am

Can we use compostable straws?

ORLA link
1/14/2020 01:22:37 pm

Sean, compostable straws would need to be "made from materials other than plastic, including but not limited to paper, pasta, sugar cane, wood or bamboo." Read specific language of the bill here: https://olis.leg.state.or.us/liz/2019R1/Downloads/MeasureDocument/SB90/Enrolled

David Edgar
1/17/2020 08:22:42 pm


Trump, Groot, and Oregonian were sitting around a camp fire and the flame was about to go out. Trump reached in his pocket, pulled out a wad of cash, and through it in the fire. Groot reached around, pulled off a branch, then through it in the fire. The Oregonian reached in his pocket and pulled a paper grocery bag. He got up and threw Groot in the fire. Trump asked the Oregonian why he did that? The Oregonian said, "Where I'm from we have plenty of trees but the bag is worth 5 cents.

The Conservative
2/13/2020 06:39:55 am

𝖳𝗁𝖾𝗌𝖾 𝖺𝗋𝖾 𝗌𝗎𝖼𝗁 𝗌𝗍𝗎𝗉𝗂𝖽, 𝑠𝑡𝑢𝑝𝑖𝑑 𝗅𝖺𝗐𝗌! 𝖨𝗍'𝗌 𝖺𝗅𝗅 𝖺𝖻𝗈𝗎𝗍 𝑐𝑜𝑛𝑡𝑟𝑜𝑙! 𝖮𝗋𝖾𝗀𝗈𝗇'𝗌 𝗀𝗈𝗏𝖾𝗋𝗇𝗆𝖾𝗇𝗍 𝗐𝖺𝗇𝗍𝗌 𝗍𝗈 𝑐𝑜𝑛𝑡𝑟𝑜𝑙 𝖺𝗇𝖽 𝑠𝑖𝑙𝑒𝑛𝑐𝑒 𝔚𝔢 𝔗𝔥𝔢 𝔓𝔢𝔬𝔭𝔩𝔢! 𝖮𝗋𝖾𝗀𝗈𝗇𝗂𝖺𝗇𝗌, 𝑝𝑢𝑠ℎ 𝑏𝑎𝑐𝑘 𝖺𝗇𝖽 𝑣𝑜𝑡𝑒 𝑡ℎ𝑒𝑠𝑒 𝑐𝑜𝑛𝑡𝑟𝑜𝑙 𝑓𝑟𝑒𝑎𝑘𝑠 𝑶𝑼𝑻!!!


Comments are closed.

    Categories

    All
    Advocacy
    Advocacy CEO Blog
    Alerts
    COVID 19
    Foundation
    Guest Blog Post
    Industry Infographics
    Industry News
    Key Issues
    Legislation
    Lodging Tax
    Lottery
    Membership
    OLCC
    ORLAEF
    ORLA Update
    Portland
    Press Release
    Programs
    ProStart
    Resources
    Taxes
    Tourism
    Workforce

    Archives

    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018

    RSS Feed

Membership

  • ​Contact Us​​
  • Join ORLA​
  • Member Login
  • Cost-Saving Programs​​

Resources

  • Buyer's Guide
  • ​Advertising & Sponsorship​
  • Key Industry Issues
  • Press Releases

Affiliate Partners

Picture
Picture
Picture
Copyright 2023 Oregon Restaurant & Lodging Association.  All Rights Reserved.
8565 SW Salish Lane Suite 120  | Wilsonville, OR 97070-9633 | 503.682.4422 | 800.462.0619 | Info@OregonRLA.org

Site Map | Accessibility | Privacy Policy
  • ABOUT
    • Contact Us
    • ORLA Board
    • OHF Board
    • ORLAMS Board
    • Staff
    • Industry Facts
    • Industry Groups
  • MEMBERSHIP
    • Restaurant & Lodging Membership
    • Allied Membership
    • Buyers' Guide
    • Cost-Saving Member Programs >
      • Coupons & Discounts
      • SAIF
      • Dell Technologies
      • Clover
      • Hospitality Insurance Program
      • ASCAP
      • BMI
      • Hospitality Partners
    • Lodging Listings
  • ADVOCACY
    • Take Action
    • Compliance & ADA
    • Federal Advocacy
    • Legislative Session
    • Local Advocacy & Leadership
    • Lottery
    • ORLA Outcomes
    • Meet the Team
    • Support PAC >
      • Donate to PAC
  • FOUNDATION
    • Foundation Board
    • Contribute
    • Guest Service Gold®
    • ProStart >
      • ProStart Championships
      • Prostart / CTE Resources
    • SHARE YOUR STORY
    • Workforce Development >
      • Best Practices
      • Hospitality Job Videos
      • Restaurant Ready
  • TRAINING
    • Alcohol Server Training
    • Food Handler Training
    • ServSafe® Manager
    • Crises & Disasters
    • Guest Service Gold®
    • Industry Training
    • Oregon Tourism Leadership Academy >
      • Before You Apply
      • Experiential Learning Overview
    • Webinars
    • Workforce Resources >
      • Best Practices
      • Hospitality Job Videos
      • Restaurant Ready
  • RESOURCES / EVENTS
    • Ads & Sponsorships
    • Buyer's Guide
    • Blog
    • Calendar
    • Digital Publication
    • ORLA Events >
      • Awards & Recognition
      • ORLA Awards
    • Podcast
    • FAQs
    • Compliance & ADA >
      • Wage and Hour
      • Federal & State Agencies
    • Crises & Disasters
    • Resource Library
    • Sustainability >
      • Reducing Food Waste