Oregon Law
Law as of Jan 1, 2024
Chapter contents
576.005[1953 c.489 §1; 1955 c.732 §1; renumbered 576.051] 576.006Definitions for ORS 576.006 to 576.022 576.009Agricultural Development Division 576.010[Repealed by 1953 c.119 §2] 576.013Purpose of market development and commodity development services; powers of department; limitations 576.015[1953 c.489 §37; renumbered 576.053] 576.017[1955 c.572 §4; repealed by 1973 c.794 §34] 576.018[1985 c.623 §2; repealed by 1993 c.742 §60] 576.019Discrimination against any product or dealer prohibited 576.020[Repealed by 1953 c.119 §2] 576.022Authority and functions of Oregon State University unaffected; department may seek information from university 576.024Department authorized to inspect records and businesses for economic study purposes 576.030[Repealed by 1953 c.119 §2] 576.035Market news service in Klamath Basin, central Oregon and Malheur areas 576.040[Repealed by 1953 c.119 §2] 576.041[1967 c.265 §1; repealed by 1971 c.28 §1] 576.043[1967 c.265 §2; repealed by 1971 c.28 §1] 576.044[1977 c.198 §6; 1985 c.623 §5; 2003 c.604 §§28,29; renumbered 576.066 in 2003] 576.045[1967 c.265 §3; repealed by 1971 c.28 §1] 576.047[1967 c.265 §4; repealed by 1971 c.28 §1] 576.049[1967 c.265 §5; repealed by 1971 c.28 §1] 576.050[Repealed by 1953 c.119 §2] 576.051Definitions for ORS 576.051 to 576.455 576.053Short title 576.054Legislative findings 576.055[1953 c.489 §2; subsection (2) formerly part of 576.295; 1957 c.447 §2; 1959 c.596 §2; 1965 c.515 §1; repealed by 2003 c.604 §109] 576.060[Repealed by 1953 c.119 §2] 576.062Establishment of commodity commissions 576.065[1953 c.489 §3; 1957 c.447 §3; 1959 c.596 §3; repealed by 2003 c.604 §109] 576.066Department oversight of commodity commissions; rules 576.070[Repealed by 1953 c.119 §2] 576.075[1953 c.489 §4; 1957 c.447 §4; 1959 c.596 §4; repealed by 2003 c.604 §109] 576.078[Formerly part of 576.085; 1959 c.596 §5; repealed by 2003 c.604 §109] 576.080[Repealed by 1953 c.119 §2] 576.085[1953 c.489 §5; 1957 c.447 §5; part renumbered 576.078; 1959 c.596 §6; repealed by 2003 c.604 §109] 576.090[Repealed by 1953 c.119 §2] 576.091[1959 c.596 §72; repealed by 2003 c.604 §109] 576.095[1953 c.489 §6; 1957 c.447 §6; 1959 c.596 §7; repealed by 2003 c.604 §109] 576.100[Repealed by 1953 c.119 §2] 576.105[1953 c.489 §7; repealed by 2003 c.604 §109] 576.110[Repealed by 1953 c.119 §2] 576.115[1953 c.489 §8; 1957 c.447 §7; repealed by 2003 c.604 §109] 576.120[Repealed by 1953 c.119 §2] 576.125[1953 c.489 §9; 1955 c.732 §2; 1957 c.447 §8; repealed by 2003 c.604 §109] 576.130[Repealed by 1953 c.119 §2] 576.135[1953 c.489 §34;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)] 576.206Appointment of temporary members; rules; appointment of commissioners; commissioner qualifications; compensation 576.210[Repealed by 1953 c.119 §2] 576.215Ex officio members of commission 576.220[Repealed by 1953 c.119 §2] 576.225Qualifications of members; changes in commission composition; rules 576.235[1953 c.489 §14; 1965 c.515 §2; 1977 c.198 §9; repealed by 2003 c.604 §109] 576.245Office vacant when member ceases to be qualified 576.255Removal of members 576.265Travel and other expenses of members; per diem; rules 576.275Meeting place of commission 576.285Commission organization; meetings 576.295[1953 c.489 §10; 1955 c.732 §3; part renumbered 576.055; 1959 c.596 §11; repealed by 2003 c.604 §109] 576.304Authority of commodity commissions; rules 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)] 576.306Independent contractors performing services for commission; rentals and acquisitions; rules 576.307Provision of state services to commission 576.309Commission furnishing services, facilities and materials to other state agencies 576.311Commission exempt from certain financial administration laws 576.315Grants, donations and gifts 576.317Intellectual property; rules 576.320Commission employees not subject to state personnel compensation plans; commission not subject to office space regulation; fees for administrative services; rules 576.322Legislative ratification of prior actions, rules and appointments 576.325Levy and collection of assessments; commission rules regulating sale activities; maximum assessment rates 576.327Exemptions from assessment; rules 576.335Report by person responsible for collecting assessment 576.345Producer to make reports of and pay assessment moneys on certain sales 576.350[1957 c.447 §18; repealed by 1959 c.596 §90] 576.351Records of person required to pay or collect assessment; inspections and audits 576.355Penalty for delaying transmittal of funds 576.365Penalty for failure to relinquish assessment moneys to commission; civil action or other remedies 576.370Disputes over assessment amounts; rules governing disputes and establishing assessment periods 576.372[2003 c.604 §22; 2003 c.604 §23; 2007 c.55 §3; 2011 c.181 §5; repealed by 2023 c.44 §4] 576.375Payment of commission moneys to authorized agent; financial transactions 576.380[1957 c.447 §16; repealed by 1959 c.596 §90] 576.385Bond or letter of credit required of person authorized to receive or disburse commission moneys 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)] 576.392Cancellation of uncollectible assessment; subsequent collection 576.395Books, records and accounts of commission 576.405[1953 c.489 §36; repealed by 2003 c.604 §109] 576.410“Fiscal year” defined 576.413Adoption of calendar year as fiscal year 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)] 576.416Preparation of commission budget; annual financial statement 576.420Expenditures prohibited unless budget procedure complied with 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] 576.440Limitation on expenditures 576.445Unforeseen expenditures 576.450[1959 c.596 §30; repealed by 2003 c.604 §109] 576.455Moneys of abolished commission 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] 576.595Sales are in commercial channels 576.610Definitions for ORS 576.610 to 576.650 576.620Department to perform mediation services; employees; qualifications 576.630Request for mediation; meeting with parties 576.640Rules 576.650Cooperation by state agencies 576.700Definitions for ORS 576.700 to 576.710 576.705Processors required to pay for commodities within 30 days after delivery; interest on late payments 576.710Applicability of ORS 576.705 576.715Definitions for ORS 576.715 to 576.744 576.718Seed production contract terms 576.721Payment due date provisions in contracts authenticated prior to planting 576.725[2001 c.265 §1; repealed by 2011 c.356 §18] 576.726Title; bailments; liens 576.727[2001 c.265 §2; repealed by 2011 c.356 §18] 576.729Seed purchase contract terms 576.732Contract modification; damages for breach 576.735Seed not meeting quality standards 576.738Seed dealer failure to timely make payment; fee 576.741Seed dealer financial assurance; rules; license refusal; agents 576.744Rules; mediation services 576.747Reporting adoption of rules regarding dealer financial assurance 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] 576.780Definitions for ORS 576.780 to 576.809 576.783Terms of seed production contract 576.786Payment due date terms in contracts authenticated prior to planting 576.789Seed bailment contracts and seed purchase contracts; title; lien 576.792Terms of seed purchase contract 576.795Modification of contract; damages for breach 576.798Seed not meeting contract quality standards 576.800[1997 c.9 §1; renumbered 571.350 in 2009] 576.802Failure of seed dealer to make timely payment; fee 576.805[1997 c.9 §2; renumbered 571.355 in 2009] 576.806Financial assurance by seed dealer 576.809Rules; dispute resolution services 576.810[1997 c.9 §3; 1999 c.105 §4; renumbered 571.360 in 2009] 576.814Reporting adoption of rules regarding financial assurance by seed dealer 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] 576.850Definitions for ORS 576.850 to 576.877 576.853Legislative findings 576.856Oregon Wine Board 576.859Board purpose and duties 576.862Board powers 576.865State wine cellar; sources; uses 576.868Rules; board employees 576.871Strategic plan; budget; rules 576.874Payment of tax; delayed payment; records; inspections and audits 576.877Disposition of moneys; research and promotion 576.990[Repealed by 1953 c.119 §2] 576.991Penalties

Chapter 576 — Agricultural Marketing Generally

ORS 576.795 Modification of contract; damages for breach

(1)

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.

(2)

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.

(3)

In any action to recover damages for breach of a seed production contract or seed purchase contract, if the court finds that a party to the contract failed to act in good faith as defined in ORS 71.2010, the court may award the prevailing party court costs and reasonable attorney fees.

Note: See note under 576.780.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.