Chapter 576 — Agricultural Marketing Generally

576.005 [1953 c.489 §1; 1955 c.732 §1; renumbered 576.051]

MARKET DEVELOPMENT AND RESEARCH

576.006 Definitions for ORS 576.006 to 576.022

As used in ORS 576.006 to 576.022: “Department” means the State Department of Agriculture of the State of Oregon. “Farm products” means all agricultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, and any and all products which have their situs of production on the farm. “Food products” mea…

576.009 Agricultural Development Division

There is established within the State Department of Agriculture an Agricultural Development Division which shall have the powers and duties conferred by ORS 576.006 to 576.022, and as specified by the Director of Agriculture. The Agricultural Development Division shall consist of a market development service and a commodity development service.

576.010 [Repealed by 1953 c.119 §2]

576.013 Purpose of market development and commodity development services; powers of department; limitations

The purpose of the market development service of the Agricultural Development Division shall be to assist in the establishment and development of new markets and to maintain or expand existing domestic and foreign markets for farm and food commodities produced or processed in this state. The purpose of the commodity development service of the Agricultural De…

576.015 [1953 c.489 §37; renumbered 576.053]

576.017 [1955 c.572 §4; repealed by 1973 c.794 §34]

576.018 [1985 c.623 §2; repealed by 1993 c.742 §60]

576.019 Discrimination against any product or dealer prohibited

In the performance of duties, under ORS 576.006 to 576.022, no official or employee of the State Department of Agriculture shall discriminate against any farm or food product, or against any producer, processor, distributor or dealer of any such products.

576.020 [Repealed by 1953 c.119 §2]

576.022 Authority and functions of Oregon State University unaffected; department may seek information from university

Nothing in ORS 576.006 to 576.022 shall be construed to limit, alter, repeal or duplicate the existing authority and functions of Oregon State University enumerated in ORS 561.362 and full effect shall be given to the provisions of ORS 561.364 and 561.366. The State Department of Agriculture may call upon Oregon State University for such technical and statis…

576.024 Department authorized to inspect records and businesses for economic study purposes

It is necessary for the economy of this state, the livestock industry and the welfare of the consuming public that the department obtain statistical information for economic studies of the livestock industry including the volume of production of livestock in this state; the channels into which such livestock is marketed; the total consumption of meat in this…

576.030 [Repealed by 1953 c.119 §2]

576.035 Market news service in Klamath Basin, central Oregon and Malheur areas

Oregon State University, acting through the Federal Cooperative Extension Service of the university, shall cooperate with the Agriculture Marketing Service of the United States Department of Agriculture and with the appropriate offices of adjoining states to establish and maintain a food product market news service in the Klamath Basin and provide such servi…

576.040 [Repealed by 1953 c.119 §2]

576.041 [1967 c.265 §1; repealed by 1971 c.28 §1]

576.043 [1967 c.265 §2; repealed by 1971 c.28 §1]

576.044 [1977 c.198 §6; 1985 c.623 §5; 2003 c.604 §§28,29; renumbered 576.066 in 2003]

576.045 [1967 c.265 §3; repealed by 1971 c.28 §1]

576.047 [1967 c.265 §4; repealed by 1971 c.28 §1]

576.049 [1967 c.265 §5; repealed by 1971 c.28 §1]

576.050 [Repealed by 1953 c.119 §2]

COMMODITY COMMISSIONS (Generally)

576.051 Definitions for ORS 576.051 to 576.455

As used in ORS 576.051 to 576.455, unless the context requires otherwise: “Commercial channels” means the sale of the commodity for which a commodity commission is established for use as food, industrial, agricultural or chemurgic use, when sold to any commercial buyer or to any person who resells the commodity or any product derived therefrom. “Commission…

576.053 Short title

ORS 576.051 to 576.455 and 576.991 (2) may be known and cited as the Commodity Commission Act.

576.054 Legislative findings

The Legislative Assembly finds that: Commodity industries are vital elements of the state economy. Commodity industries: Are sources of substantial employment for the citizens of this state; Produce needed tax revenues for the support of state and local government; Encourage responsible stewardship of valuable land and marine resources; and Produce subs…

576.055 [1953 c.489 §2; subsection (2) formerly part of 576.295; 1957 c.447 §2; 1959 c.596 §2; 1965 c.515 §1; repealed by 2003 c.604 §109]

576.060 [Repealed by 1953 c.119 §2]

576.062 Establishment of commodity commissions

The following commodity commissions are established as state commissions: The Oregon Dairy Products Commission. The Oregon Hazelnut Commission. The Oregon Dungeness Crab Commission. The Oregon Salmon Commission. The Oregon Albacore Commission. The Oregon Sheep Commission. The Oregon Potato Commission. The Oregon Blueberry Commission. The Oregon Clov…

576.065 [1953 c.489 §3; 1957 c.447 §3; 1959 c.596 §3; repealed by 2003 c.604 §109]

576.066 Department oversight of commodity commissions; rules

The State Department of Agriculture shall: Monitor the practices or methods used or proposed for use by any commodity commission in carrying out the goals and needs disclosed by the budget of the commission; Promote cooperation among the several commissions, the Oregon Beef Council and the Oregon Wheat Commission and assist in the interchange of informatio…

576.070 [Repealed by 1953 c.119 §2]

576.075 [1953 c.489 §4; 1957 c.447 §4; 1959 c.596 §4; repealed by 2003 c.604 §109]

576.078 [Formerly part of 576.085; 1959 c.596 §5; repealed by 2003 c.604 §109]

576.080 [Repealed by 1953 c.119 §2]

576.085 [1953 c.489 §5; 1957 c.447 §5; part renumbered 576.078; 1959 c.596 §6; repealed by 2003 c.604 §109]

576.090 [Repealed by 1953 c.119 §2]

576.091 [1959 c.596 §72; repealed by 2003 c.604 §109]

576.095 [1953 c.489 §6; 1957 c.447 §6; 1959 c.596 §7; repealed by 2003 c.604 §109]

576.100 [Repealed by 1953 c.119 §2]

576.105 [1953 c.489 §7; repealed by 2003 c.604 §109]

576.110 [Repealed by 1953 c.119 §2]

576.115 [1953 c.489 §8; 1957 c.447 §7; repealed by 2003 c.604 §109]

576.120 [Repealed by 1953 c.119 §2]

576.125 [1953 c.489 §9; 1955 c.732 §2; 1957 c.447 §8; repealed by 2003 c.604 §109]

576.130 [Repealed by 1953 c.119 §2]

576.135 [1953 c.489 §34; 1983 c.438 §1; repealed by 2003 c.604 §109]

576.140 [Repealed by 1953 c.119 §2]

576.145 [1953 c.489 §35; repealed by 2003 c.604 §109]

576.150 [Repealed by 1953 c.119 §2]

576.155 [1977 c.526 §2; repealed by 2003 c.604 §109]

576.160 [Repealed by 1953 c.119 §2]

576.165 [1983 c.688 §2; 1989 c.185 §1; repealed by 2003 c.604 §109]

576.170 [Repealed by 1953 c.119 §2]

576.171 [1999 c.672 §4; 2001 c.504 §3; repealed by 2003 c.604 §109]

576.175 [1989 c.748 §2; 1991 c.894 §1; 1999 c.178 §1; repealed by 2003 c.604 §109]

576.180 [Repealed by 1953 c.119 §2]

576.190 [Repealed by 1953 c.119 §2]

576.200 [Repealed by 1953 c.119 §2]

576.205 [1953 c.489 §11; 1957 c.447 §9; 1959 c.596 §8; 1977 c.198 §8; repealed by 2003 c.604 §3 (576.206 enacted in lieu of 576.205)]

(Organization)

576.206 Appointment of temporary members; rules; appointment of commissioners; commissioner qualifications; compensation

Upon the establishment of a commodity commission, the Director of Agriculture shall appoint five temporary members to the commission. In appointing the temporary members, the director shall give consideration to any recommendations by other commodity commissions, commodity growers and commodity grower associations. A majority of the temporary members must be…

576.210 [Repealed by 1953 c.119 §2]

576.215 Ex officio members of commission

The Director of Agriculture and the Dean of the College of Agricultural Sciences of Oregon State University, or their respective official representative, shall be ex officio members of a commodity commission, without right to vote. When a commission is established for a seafood commodity, the chairperson of the State Fish and Wildlife Commission or the offic…

576.220 [Repealed by 1953 c.119 §2]

576.225 Qualifications of members; changes in commission composition; rules

A member of a commodity commission must, during the term of office of the member: Be a citizen of the United States. Be a bona fide resident of the state. Have an active interest in the positive development and economic growth of the commodity industry in Oregon. A producer member of a commission must have paid an assessment adopted by the commission, if…

576.235 [1953 c.489 §14; 1965 c.515 §2; 1977 c.198 §9; repealed by 2003 c.604 §109]

576.245 Office vacant when member ceases to be qualified

The Director of Agriculture shall immediately declare the office of any appointed producer or handler member of a commodity commission vacant whenever the director finds that such member has ceased to be an active producer or handler in this state, has become a resident of another state or is unable to perform the duties of office.

576.255 Removal of members

The Director of Agriculture may remove any member of a commodity commission for inefficiency, neglect of duty or misconduct in office, after a public hearing and after serving upon the member a copy of the charges against the member, together with a notice of the time and place of the hearing, at least 10 days prior to such hearing. At the hearing the member…

576.265 Travel and other expenses of members; per diem; rules

A commodity commission may adopt rules establishing the amount of payment that a member of the commission receives under ORS 292.495 (1) for each day or portion of a day during which the member is actually engaged in the performance of official duties. The amount may exceed, but not be less than, the amount of payment that would otherwise be provided under O…

576.275 Meeting place of commission

A commodity commission may establish a meeting place anywhere within this state the commission selects, but the selection of the location must be guided by consideration for the convenience of the majority of those persons most likely to have business with the commission or be affected by the acts of the commission. This section does not prohibit a commissio…

576.285 Commission organization; meetings

A commodity commission shall meet as soon as practicable for the purposes of organizing. It shall elect a chairperson and a secretary-treasurer from among its members. It shall adopt a general statement of policy for guidance, and shall transact such other business as is necessary to start the work of the commission. Thereafter, the commission shall meet reg…

576.295 [1953 c.489 §10; 1955 c.732 §3; part renumbered 576.055; 1959 c.596 §11; repealed by 2003 c.604 §109]

576.304 Authority of commodity commissions; rules

A commodity commission may: Appoint all subordinate officers and employees of the commission, prescribe their duties and fix their compensation. Levy assessments under ORS 576.325. Borrow money in amounts that do not exceed estimated revenues from assessments for the year. Enter into contracts for carrying out the duties of the commission. Subject to OR…

576.305 [1953 c.489 §20; 1957 c.447 §13; 1959 c.596 §12; repealed by 2003 c.604 §7 (576.304 enacted in lieu of 576.305)]

576.306 Independent contractors performing services for commission; rentals and acquisitions; rules

A commodity commission may contract with an independent contractor for the performance of administrator or other services. However, the commission may not contract with an independent contractor to perform the discretionary functions of the commission. As used in this subsection, “discretionary functions” does not include collecting assessments, scheduling m…

576.307 Provision of state services to commission

Upon request by a commodity commission, the Oregon Department of Administrative Services may: Purchase or otherwise provide for acquiring or furnishing supplies, materials, equipment and services, other than personal services, that the commission requires and for independent contractors to furnish professional services to the commission. Provide for printi…

576.309 Commission furnishing services, facilities and materials to other state agencies

A commodity commission may elect to furnish services, facilities and materials to other commodity commissions, the Oregon Wheat Commission, the Oregon Beef Council or other state agencies and officers under ORS 283.110 to carry out the purposes of ORS 576.051 to 576.455. Upon requisition by the commission, any other commodity commission, the Oregon Wheat Com…

576.311 Commission exempt from certain financial administration laws

Except as otherwise provided in ORS 576.051 to 576.455, ORS 291.026, 291.201 to 291.222, 291.232 to 291.260, 291.322 to 291.334, 292.210 to 292.250, 293.260 to 293.280, 293.295 to 293.346 and 293.590 to 293.640 do not apply to a commodity commission or to the administration and enforcement of ORS 576.051 to 576.455.

576.315 Grants, donations and gifts

A commodity commission may accept grants, donations or gifts, from any source for expenditures for any purposes consistent with the powers conferred on the commission.

576.317 Intellectual property; rules

As used in this section, “intellectual property” means patents, copyrights, trademarks, inventions, discoveries, processes, ideas and other similar property, whether or not they are patentable or copyrightable. A commodity commission established under ORS 576.051 to 576.455 may, consistent with the purposes of the commission, develop intellectual property t…

576.320 Commission employees not subject to state personnel compensation plans; commission not subject to office space regulation; fees for administrative services; rules

Wages or salaries of employees of a commodity commission established under ORS 576.051 to 576.455 are not subject to personnel compensation plans for state employees established by the Oregon Department of Administrative Services under ORS 240.235 to 240.250. A commodity commission established under ORS 576.051 to 576.455 is not required to utilize office s…

576.322 Legislative ratification of prior actions, rules and appointments

As used in this section, “commodity commission” means a commission established under ORS 576.051 to 576.455. The Legislative Assembly declares that any action taken prior to May 13, 2013, by a commodity commission having one or more members who were not properly qualified at the time to serve on the commodity commission due to rules regulating the number or…

576.325 Levy and collection of assessments; commission rules regulating sale activities; maximum assessment rates

As used in this section, “industry average unit price” means the average unit price for the raw commodity within the industry. Unless provided otherwise, “industry average unit price” includes prices that are calculated using a one-year, two-year or three-year average and data from the most recent complete year or years preceding the year of determination. …

576.327 Exemptions from assessment; rules

A commodity commission may, by rule, establish exemptions from assessment based on: Commodity quantities; Types of commodity sale; and Types of commodity producer. When adopting a rule for exemptions under subsection (1) of this section, a commission must consider: Laws and rules of the United States and other states relating to commodity commissions, b…

576.335 Report by person responsible for collecting assessment

A person responsible for collecting an assessment for a commodity commission shall make a report to the commission at the time and in the manner required by the commission. A person responsible for collecting an assessment for a commission who fails to deduct an assessment at the time of sale shall report and pay the assessment to the commission. A producer…

576.345 Producer to make reports of and pay assessment moneys on certain sales

When a first purchaser lives or has an office in another state or is a federal or other governmental agency, the producer shall report all sales made to the purchaser on forms provided by the appropriate commodity commission and pay the assessment moneys directly to the commission, unless the first purchaser voluntarily makes the proper deduction and remits …

576.350 [1957 c.447 §18; repealed by 1959 c.596 §90]

576.351 Records of person required to pay or collect assessment; inspections and audits

Each person required to pay or collect an assessment on a commodity under ORS 576.051 to 576.455 shall keep accurate records sufficient to enable a commodity commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports made or due to the commission. For purposes of determining the accuracy of asses…

576.355 Penalty for delaying transmittal of funds

In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a commodity commission shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment. A commission may waive the penalty and interest described …

576.365 Penalty for failure to relinquish assessment moneys to commission; civil action or other remedies

If any person responsible for the transmittal of assessment moneys to a commodity commission fails to relinquish assessment moneys collected, the person shall pay a penalty equal to twice the amount of the unrelinquished assessment moneys. A commission may commence a civil action or utilize any other available legal or equitable remedy to collect an assessm…

576.370 Disputes over assessment amounts; rules governing disputes and establishing assessment periods

A commodity producer may dispute the amount of a commodity assessment levied against the producer on a unit basis under ORS 576.325 if the total assessment levied against the producer during an assessment period established by commodity commission rule exceeds the total dollar value received by the producer for the raw commodity during that assessment period…

576.372 [2003 c.604 §22; 2003 c.604 §23; 2007 c.55 §3; 2011 c.181 §5; repealed by 2023 c.44 §4]

576.375 Payment of commission moneys to authorized agent; financial transactions

Moneys a person collects or receives from the assessment levied under the authority of ORS 576.325 and other moneys a commodity commission receives must be paid to the authorized agent of the commission and promptly deposited into an account established by the commission in accordance with ORS 295.001 to 295.108. All moneys in the account are continuously ap…

576.380 [1957 c.447 §16; repealed by 1959 c.596 §90]

576.385 Bond or letter of credit required of person authorized to receive or disburse commission moneys

Any person authorized by a commodity commission to receive or disburse moneys as provided in ORS 576.375 shall file with the commission a fidelity bond executed by a surety company authorized to do business in this state or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The bond or letter of credit must be in fav…

576.390 [1957 c.447 §15; repealed by 1959 c.596 §90]

576.391 [1959 c.596 §73; repealed by 2003 c.604 §10 (576.392 enacted in lieu of 576.391)]

576.392 Cancellation of uncollectible assessment; subsequent collection

A commodity commission may cancel an uncollectible assessment consistent with ORS 293.240. Subsequent collection of debt written off under ORS 293.240 is governed by ORS 293.245.

576.395 Books, records and accounts of commission

Each commodity commission shall keep accurate books, records and accounts of all its dealings, which shall be open to inspection and audit by the Secretary of State.

576.405 [1953 c.489 §36; repealed by 2003 c.604 §109]

576.410 “Fiscal year” defined

As used in ORS 576.413 to 576.445, “fiscal year”: Except as provided in subsection (2) of this section, means the 12-month period commencing on July 1 and ending on June 30. If adopted by a commodity commission rule that has taken effect as provided under ORS 576.413, means the 12-month period commencing on January 1 and ending on December 31.

576.413 Adoption of calendar year as fiscal year

A commodity commission may adopt a rule allowing the commission to operate using a fiscal year that begins January 1 and ends December 31 each year. A commission shall consult with the Director of Agriculture and the Department of Justice prior to adopting a rule described in this section. A rule described in this section may not take effect unless: The com…

576.415 [1959 c.596 §§22, 23; 1977 c.198 §12; 1993 c.98 §18; repealed by 2003 c.604 §13 (576.416 enacted in lieu of 576.415)]

576.416 Preparation of commission budget; annual financial statement

A commodity commission shall adopt a budget on an annual basis using classifications of expenditures and revenues required by ORS 291.206. The budget is not subject to review by the Legislative Assembly or to future modification by the Emergency Board or the Legislative Assembly. A commission shall follow generally accepted accounting principles and keep fi…

576.420 Expenditures prohibited unless budget procedure complied with

An expenditure of moneys for a fiscal year may not be made or incurred by or under the authority of a commodity commission under ORS 576.051 to 576.455 unless the commission complies with ORS 576.416.

576.425 [1959 c.596 §25; repealed by 2003 c.604 §109]

576.430 [1959 c.596 §26; 1977 c.198 §13; 1993 c.98 §19; repealed by 2003 c.604 §109]

576.435 [1959 c.596 §27; 2003 c.734 §17; repealed by 2003 c.604 §109]

576.440 Limitation on expenditures

Except as otherwise provided in subsection (2) of this section, an expenditure of moneys for a fiscal year may not be made or incurred by or under the authority of a commodity commission under ORS 576.051 to 576.455: In excess of the total amount of expenditures estimated for the fiscal year in the budget adopted for the fiscal year or in excess of the tota…

576.445 Unforeseen expenditures

Subject to ORS 576.440 (2), expenditures of moneys for a fiscal year unforeseen at the time the budget of a commodity commission is prepared may be made or incurred by order of the commission. The order must indicate the amount and purpose of the expenditure and why the expenditure was unforeseen. At least one copy of the order must be filed in the office of…

576.450 [1959 c.596 §30; repealed by 2003 c.604 §109]

576.455 Moneys of abolished commission

Unless the Legislative Assembly orders a refund pursuant to subsection (2) of this section, if the Legislative Assembly abolishes a commodity commission, any moneys remaining in the possession of the abolished commission on the effective date of the abolishment are transferred to Oregon State University and are continuously appropriated to the university for…

576.505 [1953 c.489 §31; 1957 c.447 §21; 1959 c.596 §77; repealed by 2003 c.604 §109]

576.515 [1953 c.489 §32; repealed by 1959 c.596 §90]

576.525 [1953 c.489 §33; repealed by 2003 c.604 §109]

576.555 [1959 c.596 §78; 1965 c.515 §7; 1977 c.198 §15; 2001 c.504 §5; repealed by 2003 c.604 §109]

576.565 [1959 c.596 §79; repealed by 2003 c.604 §109]

576.570 [1965 c.515 §6; 1977 c.198 §16; repealed by 2003 c.604 §109]

576.575 [1959 c.596 §80; repealed by 2003 c.604 §109]

576.578 [1971 c.486 §2; 1987 c.180 §1; 1993 c.281 §1; repealed by 2003 c.604 §109]

576.580 [1971 c.486 §3; 1987 c.180 §2; 1993 c.281 §2; repealed by 2003 c.604 §109]

576.582 [1971 c.486 §4; 1993 c.281 §3; repealed by 2003 c.604 §109]

576.584 [1971 c.486 §5; repealed by 2003 c.604 §109]

576.585 [1965 c.211 §2; repealed by 2003 c.604 §109]

576.595 Sales are in commercial channels

Any sale of a commodity by a grower or producer is a sale in commercial channels for the purposes of ORS 576.051 to 576.455 and 576.991 (2). MEDIATION OF MARKETING DISPUTES

576.610 Definitions for ORS 576.610 to 576.650

As used in ORS 576.610 to 576.650, unless the context requires otherwise: “Agricultural commodity” means any agricultural, horticultural or viticultural product, but does not include milk, timber or timber products. “Department” means the State Department of Agriculture. “Director” means the Director of Agriculture. “Handler” means any person who purchas…

576.620 Department to perform mediation services; employees; qualifications

In addition to such other duties as may be prescribed by law, the State Department of Agriculture shall perform mediation services for producers and handlers involved in agricultural marketing disputes in the manner provided in ORS 576.610 to 576.650. Subject to any applicable provision of the State Personnel Relations Law, the Director of Agriculture may ap…

576.630 Request for mediation; meeting with parties

Whenever a representative group of producers of an agricultural commodity are unable to reach an agreement on price or other marketing term with a handler, either side may request in writing mediation assistance from the State Department of Agriculture in settling the dispute. Not later than 10 days after receiving such a request for assistance, the departme…

576.640 Rules

In accordance with ORS chapter 183, the State Department of Agriculture may promulgate rules to carry out ORS 576.610 to 576.650.

576.650 Cooperation by state agencies

All governmental agencies and officers shall cooperate with the State Department of Agriculture and furnish such information and advice as the department considers necessary for the performance of its mediation services. PAYMENT FOR AGRICULTURAL COMMODITIES (Generally)

576.700 Definitions for ORS 576.700 to 576.710

As used in ORS 576.700 to 576.710: “Commodity” has the meaning for that term provided in ORS 576.051. “Processor” means any person who purchases, offers to purchase or contracts to purchase in this state any commodity from a producer or an agent of a producer for the purpose of packaging, processing or marketing such commodity. “Processor” does not include…

576.705 Processors required to pay for commodities within 30 days after delivery; interest on late payments

Notwithstanding any other provision of law: In the absence of a contract providing otherwise, any processor who purchases a commodity from a producer shall make full payment therefor not later than the 30th day after the day the processor takes delivery of the harvested commodity. Any processor who fails to make payment as required by subsection (1) of thi…

576.710 Applicability of ORS 576.705

ORS 576.705 does not apply to any processor: That purchases from a producer seed that requires cleaning and germination tests; That arranges for the production of agricultural seed under a contract that is subject to ORS 576.718 or 576.721; Of sugar beets whose contract with a producer for sale of the crop provides for profit sharing; Of fish or seafood …

576.715 Definitions for ORS 576.715 to 576.744

As used in ORS 576.715 to 576.744: “Agricultural seed” means grass seed of a type commonly sold for use in turf lawns or as forage seed. “Authenticate” means: To sign; or With present intent to adopt or accept a record, to attach to or logically associate with the record an electronic sound, symbol or process. “Producer” means a person that grows agricu…

576.718 Seed production contract terms

The following terms apply to seed production contracts: If the contract does not settle the price of the agricultural seed, the contract is enforceable and the price shall be determined as described in ORS 72.3050 (1) to (3). Except as provided in ORS 576.721 (1) or (3), payment to the producer is due no later than the earliest of the following: The dates…

576.721 Payment due date provisions in contracts authenticated prior to planting

A seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the agricultural seed may contain payment due date terms that differ from the payment due date terms described in ORS 576.718 (1)(b) if the contract: Provides for the price of the seed to be determined no later than March 15 of the calendar year f…

576.725 [2001 c.265 §1; repealed by 2011 c.356 §18]

576.726 Title; bailments; liens

A seed bailment contract or seed purchase contract does not create a possessory security interest in goods under ORS chapter 79A. For a seed bailment contract, filing, recording or notice of the contract is not a requirement for establishing, during the term of the contract, the validity of the contract or for establishing and confirming in the seed dealer t…

576.727 [2001 c.265 §2; repealed by 2011 c.356 §18]

576.729 Seed purchase contract terms

The terms of a seed purchase contract must include: The estimated date for seed delivery; The terms and estimated date for the seed dealer to pay the seed grower; The amount of grass seed to be purchased; and The species, cultivars and quality standards of the grass seed to be purchased. If the seed purchase contract does not settle the price of the gra…

576.732 Contract modification; damages for breach

A party to a seed production contract or seed purchase contract may not, as a condition of performance, require the other party to agree to a material modification of the contract. A contract modification obtained in violation of this subsection is unenforceable. In any action to recover damages for breach of a seed production contract or seed purchase cont…

576.735 Seed not meeting quality standards

If testing as provided under a seed production contract establishes that agricultural seed does not meet the quality standards set forth in the contract, the producer may at any time send the test results to the seed dealer and inquire whether the seed dealer intends to purchase the seed. If, within 30 days after the seed dealer receives the test results and…

576.738 Seed dealer failure to timely make payment; fee

If a seed dealer fails to pay a producer for agricultural seed when payment is due under a seed production contract or fails to pay a seed grower for grass seed when payment is due under a seed purchase contract, the producer or seed grower may notify the State Department of Agriculture. Upon notification by a producer or seed grower, the department shall de…

576.741 Seed dealer financial assurance; rules; license refusal; agents

As used in this section: “Officer” means any of the following individuals: A president, vice president, secretary, treasurer or director of a corporation. A general partner in a limited partnership. A manager in a manager-managed limited liability company. A member of a member-managed limited liability company. A trustee. An individual that is an offi…

576.744 Rules; mediation services

The Director of Agriculture may adopt rules for the administration and enforcement of ORS 576.715 to 576.744. The director may make mediation services available through the State Department of Agriculture for the resolution of seed production contract disputes and seed purchase contract disputes. Note: See note under 576.715.

576.747 Reporting adoption of rules regarding dealer financial assurance

If the State Department of Agriculture adopts a rule described in ORS 576.741 (2), the department shall report to the next regular session of the Legislative Assembly following the rule adoption regarding the contents of the rule and the matters considered by the department in developing the rule. Note: See note under 576.715.

576.750 [1977 c.690 §1; 1983 c.651 §1; 1995 c.301 §32; 2003 c.797 §25; 2005 c.22 §404; renumbered 576.850 in 2019]

576.751 [2003 c.797 §2; renumbered 576.853 in 2019]

576.753 [2003 c.797 §3; renumbered 576.856 in 2019]

576.755 [1977 c.690 §2; 1983 c.651 §2; 1987 c.804 §2; repealed by 2003 c.797 §28]

576.756 [2003 c.797 §7; renumbered 576.859 in 2019]

576.759 [2003 c.797 §5; 2005 c.22 §405; renumbered 576.862 in 2019]

576.760 [1977 c.690 §3; 1983 c.651 §3; 1987 c.804 §4; repealed by 2003 c.797 §28]

576.763 [1985 c.117 §2; 2003 c.797 §26; renumbered 576.865 in 2019]

576.765 [1977 c.690 §6; 1983 c.651 §5; 1987 c.804 §3; 1997 c.249 §185; repealed by 2003 c.797 §28]

576.766 [2003 c.797 §6; 2005 c.22 §406; renumbered 576.868 in 2019]

576.768 [2003 c.797 §11; 2005 c.22 §407; 2009 c.762 §88; 2013 c.768 §145b; 2015 c.366 §95; 2015 c.767 §205; renumbered 576.871 in 2019]

576.771 [2003 c.797 §8; renumbered 576.874 in 2019]

576.775 [2003 c.797 §10; 2005 c.22 §408; renumbered 576.877 in 2019]

(Other Seeds)

576.780 Definitions for ORS 576.780 to 576.809

As used in ORS 576.780 to 576.809: “Authenticate” means: To sign; or With present intent to adopt or accept a record, to attach to or logically associate with the record an electronic sound, symbol or process. “Other seed,” except as provided in paragraph (b) of this subsection, means seed or a mixture of seed grown for commercial purposes. “Other seed”…

576.783 Terms of seed production contract

The following terms apply to seed production contracts: If the contract does not settle the price of the other seed, the contract is enforceable and the price shall be determined as described in ORS 72.3050 (1) to (3). Except as provided in ORS 576.786 (1) or (3), payment to the producer is due no later than the earliest of the following: The dates specif…

576.786 Payment due date terms in contracts authenticated prior to planting

A seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the other seed may contain payment due date terms that differ from the payment due date terms described in ORS 576.783 (1)(b) if the contract states the date by which final payment for the other seed is due. If a seed production contract that is a…

576.789 Seed bailment contracts and seed purchase contracts; title; lien

A seed bailment contract or seed purchase contract does not create a possessory security interest in goods under ORS chapter 79A. For a seed bailment contract, filing, recording or notice of the contract is not a requirement for establishing, during the term of the contract, the validity of the contract or for establishing and confirming in the seed dealer t…

576.792 Terms of seed purchase contract

The terms of a seed purchase contract must include: The estimated date for seed delivery; The terms and estimated date for the seed dealer to pay the seed grower; The amount of other seed to be purchased; and The species, cultivars and quality standards of the other seed to be purchased. If the seed purchase contract does not settle the price of the oth…

576.795 Modification of contract; damages for breach

A seed dealer that requests modification to the payment terms of a seed production contract for other seed shall pay an amount equal to at least 25 percent of the value of the contract prior to modification of the contract. A party to a seed production contract or seed purchase contract may not, as a condition of performance, require the other party to agre…

576.798 Seed not meeting contract quality standards

If testing as provided under a seed production contract establishes that other seed does not meet the quality standards set forth in the contract, the producer may at any time send the test results to the seed dealer and inquire whether the seed dealer intends to purchase the seed. If, within 30 days after the seed dealer receives the test results and inquir…

576.800 [1997 c.9 §1; renumbered 571.350 in 2009]

576.802 Failure of seed dealer to make timely payment; fee

If a seed dealer fails to pay a producer for other seed when payment is due under a seed production contract or fails to pay a seed grower for other seed when payment is due under a seed purchase contract, the producer or seed grower may notify the State Department of Agriculture. Upon notification by a producer or seed grower, the department shall determine…

576.805 [1997 c.9 §2; renumbered 571.355 in 2009]

576.806 Financial assurance by seed dealer

As used in this section: “Officer” means any of the following individuals: A president, vice president, secretary, treasurer or director of a corporation. A general partner in a limited partnership. A manager in a manager-managed limited liability company. A member of a member-managed limited liability company. A trustee. An individual that is an offi…

576.809 Rules; dispute resolution services

The Director of Agriculture may adopt rules for the administration and enforcement of ORS 576.780 to 576.809. The director may make mediation services available through the State Department of Agriculture for the resolution of seed production contract disputes and seed purchase contract disputes. Note: See note under 576.780.

576.810 [1997 c.9 §3; 1999 c.105 §4; renumbered 571.360 in 2009]

576.814 Reporting adoption of rules regarding financial assurance by seed dealer

If the State Department of Agriculture adopts a rule described in ORS 576.806 (2), the department shall report to the next regular session of the Legislative Assembly following the rule adoption regarding the contents of the rule and the matters considered by the department in developing the rule. Note: See note under 576.780.

576.815 [1997 c.9 §6; renumbered 571.365 in 2009]

576.820 [1997 c.9 §4; repealed by 1999 c.105 §3]

576.821 [1999 c.105 §2; renumbered 571.370 in 2009]

OREGON WINE BOARD; WINE CELLAR

576.850 Definitions for ORS 576.850 to 576.877

As used in ORS 576.850 to 576.877, unless the context requires otherwise: “Grape product” means any juice, must, concentrate or extract made from vinifera grapes, true or hybrid, whether or not partially fermented. It does not include alcoholic liquor as defined in ORS 471.001. “Wine” has the meaning given that term in ORS 471.001. “Wine grape growing” me…

576.853 Legislative findings

The Legislative Assembly finds and declares that: The development of world-class wine grape growing and wine making industries is important to Oregon as a whole. The health of the wine grape growing and wine making industries affects the well-being of Oregonians and Oregon rural economies and environments. It is in the public interest to encourage the orde…

576.856 Oregon Wine Board

The Oregon Wine Board is established as a semi-independent state agency subject to ORS 182.456 to 182.472. The board shall consist of nine members appointed by the Governor. In making appointments, the Governor shall consider nominations or recommendations made by organizations with nominating committees representative of all major wine industry regions of …

576.859 Board purpose and duties

The Oregon Wine Board shall operate for the purpose of supporting enological, viticultural and economic research to develop sustainable business practices for wine grape growing and wine making within Oregon and supporting the promotion of Oregon’s wine grape growing and wine making industries. The board shall create and maintain a long term strategic plan a…

576.862 Board powers

To carry out the purposes specified in ORS 576.850 to 576.877, the Oregon Wine Board may: Appoint officers and enter into agreements with consultants, agents and advisers, and prescribe their duties; Appear on the board’s own behalf before boards, commissions, departments or other agencies of municipal or county governments, the state government or the fed…

576.865 State wine cellar; sources; uses

The Oregon Wine Board shall establish a state wine cellar by purchasing or receiving donations of wines made in this state from fruit or grapes grown in this state. Wines collected in the state wine cellar may be: Held as standards to compare against other wines to develop and improve Oregon viticultural and enological practices. Sold to state governmental…

576.868 Rules; board employees

In accordance with applicable provisions of ORS chapter 183, the Oregon Wine Board may adopt rules necessary for the administration of ORS 576.850 to 576.877. Notwithstanding ORS 182.460 and 576.856 (1), employees of the Oregon Wine Board are not eligible for inclusion within the Public Employees Retirement System.

576.871 Strategic plan; budget; rules

The report submitted by the Oregon Wine Board under ORS 182.472 must include a description of the long term strategic plan created by the board and a description of the progress made in implementing the statewide strategic objectives of the board during the most recent biennium. Notwithstanding ORS 182.462: The board shall prepare and submit annual plans a…

576.874 Payment of tax; delayed payment; records; inspections and audits

If a person selling or providing grape product to a winery performs part of the processing function of a winery, the person shall report the sale or provision of the grape product and pay the tax imposed under ORS 473.045 (5). A person or winery required to pay a tax under ORS 473.045 (5) shall keep accurate records sufficient to enable the Oregon Liquor an…

576.877 Disposition of moneys; research and promotion

Moneys received on behalf of the Oregon Wine Board pursuant to ORS 473.030 (4) and 473.045 shall be deposited into the account created by the board under ORS 182.470 and are continuously appropriated to the board as provided in ORS 182.470, exclusively for use by the board in carrying out the provisions of ORS 576.850 to 576.877. The board shall allocate a p…

576.990 [Repealed by 1953 c.119 §2]

PENALTIES

576.991 Penalties

Violation of the provisions of ORS 576.024 is a Class B violation. Violation of any provision of ORS 576.051 to 576.455 is a Class C misdemeanor. _______________