The American Coatings Association and other stakeholders interested in the management of post-consumer paint reached an agreement last session to develop and implement an industry led Paint Stewardship Pilot Program. After months of development, the program is expected to take effect on July 1, 2010.

As a Retailer – What do I need to know?
As of the program start date, a PaintCare Recovery Fee must be added by manufacturers to the cost
of architectural paint for sale in Oregon. This Recovery Fee will fund the collection, transportation, recycling and proper disposal of architectural paint in the state. Distributors and retailers will see this fee on their invoices for all Program Products.

The new law requires that “….each Oregon retailer or distributor shall add the assessment to the purchase price of all architectural paint sold in [Oregon]”.

Retailers have the option of displaying this fee separately on consumer receipts. The recovery fee the consumer pays to retailers offsets the recovery fee charged to the retailer by the manufacturer or distributor.

What Products are covered by the Program?
Architectural paint is defined as interior and exterior architectural coatings sold in containers of five gallons or less. It does not include industrial, original equipment or specialty coatings.

Examples of Program Products versus Non-Program Products are provided below:

Program Products (maximum container size of five gallons):

• Interior and Exterior Architectural Paints: Latex, acrylic, water-based, alkyd, oil-based, enamel (all types of finishes and sheens, including textured coatings)
• Deck coatings and floor paints (including elastomeric)
• Waterproofing concrete/masonry/wood sealers and repellents (not-tar-based or bitumen based)
• Melamine, metal and rust preventative
• Primers, undercoaters and sealers
• Stains and Shellacs
• Swimming Pool Paints (single component)
• Varnishes and urethanes (single component) Lacquers, Lacquer Sanding Sealers, and Lacquer Stains
• Wood Coatings (containing no pesticides)

Non-Program Products (regardless of container size):

• Industrial Maintenance Coatings
• OEM and industrial surface coating (shop application) paints and finishes
• Aerosol Paints
• Automotive Paints
• Marine Paints
• Craft Paints
• Caulking Compounds, epoxies, glues or adhesives
• Colorants and tints
• Resins
• Paint Thinners, mineral spirits or solvents
• Paint Additives
• Pesticide containing products
• Roof patch or repair
• Tar-based or bitumen based products
• 2-Component Coatings
• Deck Cleaners
• Traffic Paints

Recovery Fees are based on container size as follows:

• 1/2 pint container or less No Charge
• more than 1/2 pint to 1 gallon $ 0.35
• 1 gallon container $ 0.75
• more than 1 gallon to 5 gallon $ 1.60

Retailer Obligations Under Paint Recovery Program:
In addition to adding the PaintCare Recovery Fee to Program Products that you sell in Oregon, you are required to:

• Ensure that the manufacturers of any Program Products you are selling in the state are participating in the Program – otherwise those products may not be sold. Retailers can access this information on Oregon’s Department of Environmental Quality’s (DEQ) web site.
• Provide information about the Program to consumers – this information will be provided to retailers by PaintCare prior to program implementation.
• If interested, you may volunteer to be a collection site for Program Products at no cost to you; however, this is not required.

Program Funding:
The Program is entirely funded by the PaintCare Recovery Fee, which is paid to PaintCare by the manufacturers based on their architectural paint sales in Oregon. PaintCare engages and manages all contracts for collection, transportation, recycling, and proper disposal of the Program Products. PaintCare submitted a Program Plan, approved by the DEQ and will submit reports on the Program on an annual basis.

Product Care Details:
PaintCare has engaged Product Care to develop, implement and manage the Oregon paint stewardship
pilot program including contracts for collection, transportation, recycling, and proper disposal of the
Program Products. Product Care has incorporated an Oregon non-profit called PCA Paint Stewardship
Inc. for this purpose. Product Care is a not-for-profit industry sponsored association that manages
product stewardship programs for paint and for other household hazardous and special waste on behalf
of its members.