2007 Oregon Code - Chapter 576 :: TITLE 47
TITLE 47
AGRICULTURAL
MARKETING AND WAREHOUSING
Chapter 576. Agricultural Marketing Generally
577.
578.
583. Milk Marketing, Production and Distribution
585. Produce Dealers
586. Warehouses; Grain and Commodity Inspection
587. Storage of Grain as Basis of Farm Credit
_______________
Chapter 576
Agricultural Marketing Generally
2007 EDITION
AGRICULTURAL MARKETING GENERALLY
AGRICULTURAL MARKETING AND WAREHOUSING
MARKET DEVELOPMENT AND RESEARCH
576.006 Definitions
for ORS 576.006 to 576.022
576.009 Agricultural
Development Division
576.013 Purpose
of market development and commodity development services; powers of department;
limitations
576.019 Discrimination
against any product or dealer prohibited
576.022 Authority
and functions of
576.024 Department
authorized to inspect records and businesses for economic study purposes
576.035 Market
news service in
COMMODITY COMMISSIONS
(Generally)
576.051 Definitions
for ORS 576.051 to 576.455
576.053 Short
title
576.054 Legislative
findings
576.062 Establishment
of commodity commissions
576.066 Department
oversight of commodity commissions; rules
(Organization)
576.206 Appointment
of temporary members; rules; appointment of commissioners; commissioner
qualifications; compensation
576.215 Ex
officio members of commission
576.225 Qualifications
of members
576.245 Office
vacant when member ceases to be qualified
576.255 Removal
of members
576.265 Travel
and other expenses of members
576.275 Meeting
place of commission
576.285 Commission
organization; meetings
576.304 Authority
of commodity commissions; rules
576.306 Independent
contractors performing services for commission; rentals and acquisitions; rules
576.307 Provision
of state services to commission
576.309 Commission
furnishing services, facilities and materials to other state agencies
576.311 Commission
exempt from certain financial administration laws
576.315 Grants,
donations and gifts
576.317 Intellectual
property; rules
576.320 Commission
employees not subject to state personnel compensation plans; commission not
subject to office space regulation; fees for administrative services; rules
(Assessment and Budgeting)
576.325 Levy
and collection of assessments; commission rules regulating sale activities;
maximum assessment rates
576.327 Exemptions
from assessment; rules
576.335 Report
by person responsible for collecting assessment
576.345 Producer
to make reports of and pay assessment moneys on certain sales
576.351 Records
of person required to pay or collect assessment; inspections and audits
576.355 Penalty
for delaying transmittal of funds
576.365 Penalty
for failure to relinquish assessment moneys to commission; civil action or
other remedies
576.370 Disputes
over assessment amounts; rules governing disputes and establishing assessment
periods
576.372 Authority
of some commissions to adopt rules authorizing refunds; effect
576.375 Payment
of commission moneys to authorized agent; deposits and withdrawals; investments
576.385 Bond
or letter of credit required of person authorized to receive or disburse
commission moneys
576.392 Cancellation
of uncollectible assessment; subsequent collection
576.395 Books,
records and accounts of commission
576.410 Fiscal
year defined
576.416 Preparation
of commission budget; annual financial statement
576.420 Expenditures
prohibited unless budget procedure complied with
576.440 Limitation
on expenditures
576.445 Unforeseen
expenditures
576.455 Moneys
of abolished commission
576.595 Sales
are in commercial channels
MEDIATION OF MARKETING DISPUTES
576.610 Definitions
for ORS 576.610 to 576.650
576.620 Department
to perform mediation services; employees; qualifications
576.630 Request
for mediation; meeting with parties
576.640 Rules
576.650 Cooperation
by state agencies
PAYMENT FOR AGRICULTURAL COMMODITIES
576.700 Definitions
for ORS 576.700 to 576.710
576.705 Processors
required to pay for commodities within 30 days after delivery; interest on late
payments
576.710 Applicability
of ORS 576.705
576.725 Definitions
for ORS 576.725 and 576.727
576.727 Seed
production or purchase contracts
576.750 Definitions
for ORS 576.750 to 576.775
576.751 Legislative
findings
576.753
576.756 Board
purpose and duties
576.759 Board
powers
576.763 State
wine cellar; sources; uses
576.766 Rules;
board employees
576.768 Strategic
plan; budget; rules
576.771 Payment
of tax; delayed payment; records; inspections and audits
576.775 Disposition
of moneys; research and promotion
GINSENG GROWERS AND DEALERS
576.800 Definitions
576.805 License
required; prohibitions
576.810 Rules;
fees
576.815 Revocation
or suspension of license; civil penalty; rules
576.821 Disposition
of fee moneys
PENALTIES
576.991 Penalties
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:
(1) Department means the State
Department of Agriculture of the State of
(2) 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.
(3) Food products means any and all
products either in a natural or processed state used by human or animal as
food. [1955 c.572 §1]
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. [1955 c.572 §2; 1983
c.740 §221; 1985 c.623 §3]
576.010 [Repealed by 1953 c.119 §2]
576.013
Purpose of market development and commodity development services; powers of
department; limitations. (1)
The purpose of the market development service of the Agricultural Development
Division shall be to assist in the development of new markets 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 Development Division shall be to assist in the development and
improvement of farm and food commodities and their values and uses.
(2) In furthering the purpose of the
market development service, the State Department of Agriculture may:
(a) Collect and disseminate information
relating to the availability, quality and uses of farm and food commodities
produced or processed in this state, including participation in demonstrations,
fairs and exhibits;
(b) Serve as an intermediary between
prospective purchasers and sellers of farm and food commodities produced or
processed in this state as to source of supply and demand;
(c) After notice to and with the approval
of the Governor, represent the state in matters of legislation or rulemaking
affecting the development of markets for farm and food commodities produced or
processed in this state;
(d) Cooperate with and aid producers,
processors, distributors and prospective purchasers of farm and food
commodities in establishing, or improving and maintaining, an efficient system
of distribution and marketing of farm and food commodities;
(e) Investigate delays, embargoes,
conditions and practices, charges and rates in the marketing, transportation
and handling of farm and food commodities produced or processed in this state,
and when an investigation discloses a probable violation of state or federal
law, make recommendations to the proper state or federal authorities for
appropriate action;
(f) Engage in negotiations with common and
contract carriers and initiate or participate in the prosecution of proceedings
before agencies engaged in freight rate regulation within or without this state
in matters relating to the establishment of new freight rates, the modification
of existing freight rates or to unjust, unreasonable or discriminatory rates or
practices affecting the cost of transportation, production or processing of
farm or food commodities produced or processed in this state;
(g) Investigate the advisability and need
for establishment of terminal, regional, assembly, dock and other distributing
facilities for the delivery, sale and distribution of farm and food commodities
at or near the point of purchase or use, and advise and cooperate with public
or private agencies or organizations in promoting the establishment,
construction or acquisition of the facilities for public use and make recommendations
as to their operations;
(h) Accept grants from public or private
agencies, organizations or persons, with any grant treated as a trust fund,
separate and distinct from the General Fund, within the meaning of ORS chapters
291 and 293;
(i) Consult with other states in
development of joint programs for the establishment and development of domestic
and foreign markets on a mutual basis; and
(j) Cooperate with the Economic and
Community Development Department of this state in foreign and domestic
marketing matters of common interest.
(3) In furthering the purpose of the
commodity development service, the department may:
(a) Collect and disseminate information
relating to new or alternate crop production and marketing feasibilities to
producers of farm and food commodities, and confer with the New Crops
Development Board of the department in regard to these matters;
(b) Assist the commodity commissions in
carrying out mutual or joint scientific research efforts and mutual or joint
development of the commercial values and new and additional uses of their
commodities; and
(c) Accept grants from public or private
agencies, organizations or persons, with any grant treated as a trust fund,
separate and distinct from the General Fund, within the meaning of ORS chapters
291 and 293.
(4) Nothing in ORS 576.006 to 576.022
shall authorize, or modify the limitations on authority under ORS 561.170 for,
the Agricultural Development Division, or its staff to:
(a) Engage in any commercial transaction
involving farm or food commodities as purchaser, seller, broker or dealer; or
(b) Acquire or own any farm or food
commodities or real property associated with them. [1955 c.572 §3; 1985 c.623 §4;
1989 c.966 §64]
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. [1955 c.572 §5]
576.020 [Repealed by 1953 c.119 §2]
576.022
Authority and functions of
576.024
Department authorized to inspect records and businesses for economic study
purposes. (1) 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 state; the types and quantities consumed
and the sources thereof; and such other information as is pertinent to reveal
additional potential markets for livestock produced in this state.
(2) In order to carry out and maintain
this continuing study, the department is authorized during business hours to
inspect the records of places or businesses which handle, store or sell meat
animals, or meat as defined in ORS 619.010 to 619.071, 619.370 and 619.993.
(3) The department, after public hearing
under ORS chapter 183, may require periodic reporting from the places or
businesses described in this section and require the furnishing to the
department of the data or information which may be needed in continuing the
comprehensive study as authorized in this section. [1967 c.388 §2; 1973 c.174 §19;
1973 c.794 §29; 1983 c.740 §222]
576.030 [Repealed by 1953 c.119 §2]
576.035
Market news service in
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:
(1) 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.
(2) Commission means a commodity
commission established under ORS 576.051 to 576.455.
(3) Commodity means any distinctive type
of agricultural, horticultural, viticultural, vegetable, animal or seafood
product, or any class, variety or utilization thereof, in a natural or
processed state, including bees and honey but not including timber or timber
products. The Director of Agriculture may determine what types or subtypes of
commodity may be classed together as a commodity for the purposes of ORS
576.051 to 576.455.
(4) Department means the State
Department of Agriculture.
(5) Director means the Director of
Agriculture.
(6) First purchaser means any person who
buys the commodity for which a commission is established from the producer in
the first instance, or handler who received the commodity in the first instance
from the producer for resale or processing.
(7) Handler means any producer,
processor, distributor or other person engaged in the handling or marketing of
or dealing in the commodity for which a commission is established, whether as
an owner, agent, employee, broker or otherwise.
(8) Producer means a person that engages
in, or has engaged in, the business of growing, producing or procuring within
this state, or in the rivers or offshore waters of this state except the
Columbia River, a commodity for market or for delivery or transfer to others
owning or holding title to the commodity. Producer includes a landowner,
landlord, tenant, sharecropper, boat skipper or other person that participates
in the growing, producing or procuring of a commodity and receives a share of
the commodity.
(9) Regional commission means a
commission that functions only within a specified area of this state consisting
of one or more entire counties. [Formerly 576.005; 1957 c.447 §1; 1959 c.596 §1;
1977 c.198 §7; 2003 c.604 §31]
576.053
Short title. ORS 576.051 to
576.455 and 576.991 (2) and (3) may be known and cited as the Commodity
Commission Act. [Formerly 576.015; 1983 c.740 §223]
576.054
Legislative findings. (1)
The Legislative Assembly finds that:
(a) Commodity industries are vital
elements of the state economy. Commodity industries:
(A) Are sources of substantial employment
for the citizens of this state;
(B) Produce needed tax revenues for the
support of state and local government;
(C) Encourage responsible stewardship of
valuable land and marine resources; and
(D) Produce substantial quantities of
necessary food for the state, nation and world.
(b) Commodity commissions support
commodity industries and enhance and preserve the economic interests of the
state.
(c) Commodity commissions function in the
same manner as a broad range of other programs established by the Legislative
Assembly that are funded by the public through fees assessed according to the
relationship of the fee payer to a particular program.
(d) Commodity commissions are not
established to benefit individual persons engaged in commodity industries, but
are intended to improve the overall conditions for the particular commodity for
which a commission is established and thereby benefit the overall economy of
the state and all the citizens of the state.
(e) Mandated cooperative efforts engaged
in by commodity commissions are a proven, effective method to avoid economic
waste and maintain stable agricultural markets.
(f) It is in the public interest that:
(A) Support for
(B) Adequate protection be given to
commodities and commodity uses, activities and operations; and
(C) Each commodity be promoted
individually and as part of a stabilized comprehensive industry by increasing
consumption of commodities in this state and the
(2) It is the intent of the Legislative
Assembly that commodity commissions do the following for the purpose of serving
commodity industries and the citizens of this state:
(a) Participate in the formulation and
implementation of public policy through expressive activities.
(b) Reflect a continuing commitment by the
state to commodity industries that are integral to the economy of this state.
(c) Represent a policy of support for
persons engaged in commodity industries and for their critical role in the
economy of this state, especially the economy of rural areas.
(d) Provide benefits to entire commodity
industries and all the citizens of this state.
(e) Enhance the image of
(f) Use mandatory cooperative efforts to
complement state, federal and international laws and programs.
(g) Protect the citizens of this state by
educating them regarding the quality, care and methods used in the production
of
(h) Increase knowledge regarding the
healthful qualities and dietetic value of
(i) Support and engage in research
programs and activities that benefit the planting, production, harvesting,
handling, processing, marketing and use of
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:
(1) The
(2) The
(3) The
(4) The
(5) The
(6) The
(7) The
(8) The
(9) The
(10) The
(11) The
(12) The
(13) The
(14) The Oregon Highland Bentgrass
Commission.
(15) The
(16) The
(17) The
(18) The
(19) The
(20) The
(21) The
(22) The
(23) The
(24) The
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. (1) The State Department of Agriculture
shall:
(a) 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;
(b) Promote cooperation among the several
commissions, the Oregon Beef Council and the Oregon Wheat Commission and assist
in the interchange of information and experience among those entities;
(c) Carry out the assigned organizational
procedures under ORS 576.051 to 576.455, including the appointment and removal
of members of the commission;
(d) Review budgets submitted to the
Director of Agriculture by a commodity commission under ORS 576.416; and
(e) Adopt rules to carry out the
provisions of ORS 576.051 to 576.455.
(2) The department shall review, and may
approve or disapprove, plans and projects recommended by a commodity commission
for commodity promotion, advertising and research and for the dissemination of
consumer and commodity industry information. In reviewing plans and projects
recommended by a commodity commission, the department shall consider whether
the plan or project information is:
(a) Factual;
(b) Not disparaging to other commodities;
and
(c) Consistent with the purposes of ORS
576.051 to 576.455. [Formerly 576.044; 2007 c.55 §1]
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]
(Organization)
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)]
576.206
Appointment of temporary members; rules; appointment of commissioners;
commissioner qualifications; compensation. (1) 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 producers of
the commodity that is the subject of the commission and at least one member
must be a handler of the commodity.
(2) The temporary members shall adopt rules
for the commission in accordance with ORS chapter 183, including but not
limited to rules establishing the number and geographic representation of the
commissioners and rules providing for the removal of commissioners. The terms
of the temporary members expire on the date that one or more commissioners are
appointed under subsection (3) of this section. A qualified temporary member is
eligible for appointment to a term on the commission under subsection (3) of
this section.
(3) The director shall appoint the
commissioners for a commodity commission in accordance with the rules adopted
under subsection (2) of this section. In appointing the commissioners, the
director shall give consideration to any recommendations by other commodity
commissions, commodity growers and commodity grower associations.
(4) A majority of the commissioners must
be producers of the commodity that is the subject of the commission. At least
one commissioner must be a handler of the commodity. One commissioner must be a
member of the public not associated with the production or handling of the
commodity. All commissioners other than handlers and the member of the public
must be producers.
(5) The term of a commissioner appointed
under subsection (3) of this section is four years unless a shorter term is
established by commission rule. A commissioner is eligible for reappointment
unless otherwise provided by commission rule. Before the expiration of a
commissioners term, the director shall appoint a successor to assume office
upon expiration of the term. If there is a vacancy on a commission for any
cause, the director shall appoint a person to the unexpired term.
(6) The commission shall select one member
to serve as chairperson and another member to serve as vice chairperson, with
such duties and powers as the commission deems appropriate to those offices.
(7) A temporary member of a commission or
a commissioner is entitled to compensation and expenses in the manner and
amounts provided in ORS 292.495. Claims for compensation earned and expenses
incurred in performing the functions of the commission shall be paid out of
funds available to the commission. [2003 c.604 §4 (enacted in lieu of 576.205);
2003 c.604 §5; 2007 c.55 §2]
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 official
representative of the chairperson shall also be an ex officio member of the
commission, without right to vote. ORS 576.206 and 576.225 to 576.255 do not
apply to ex officio members. [1953 c.489 §12; 1957 c.447 §10; 1959 c.596 §9;
1995 c.79 §311; 2003 c.604 §32]
576.220 [Repealed by 1953 c.119 §2]
576.225
Qualifications of members.
(1) A member of a commodity commission must, during the term of office of the
member:
(a) Be a citizen of the
(b) Be a bona fide resident of the state.
(c) Have an active interest in the
positive development and economic growth of the commodity industry in
(2) A producer member of a commission must
have paid an assessment adopted by the commission, if any, on the commodity in
each of the preceding three calendar years. A handler member of a commission
must have collected an assessment adopted by the commission, if any, on the
commodity in each of the preceding three calendar years. [1953 c.489 §13; 1957
c.447 §11; 2003 c.604 §33]
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. [1953 c.489 §15;
1957 c.447 §12; 1965 c.515 §3; 1977 c.198 §10; 2003 c.604 §34; 2005 c.22 §390]
576.255
Removal of members. (1) 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 shall be given an opportunity
to be heard in person or by counsel and shall be permitted to present evidence
to answer the charges and explain the facts alleged against the member.
(2) In every case of removal, the director
shall file in the office of the Secretary of State a complete statement of all
charges against the member, the findings of the director and a record of the
entire proceedings held in connection with the charges. [1953 c.489 §16; 1965
c.515 §4; 1977 c.198 §11; 2005 c.22 §391]
576.265
Travel and other expenses of members. Members, officers and employees of a commodity commission shall
receive their actual and necessary travel and other expenses incurred in the
performance of their official duties. The commission shall adopt uniform and
reasonable regulations governing the incurring and paying of such expenses. [1953
c.489 §17; 1959 c.596 §10; 2005 c.22 §392]
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 commission from participating in
meetings outside this state for purposes of advancing the work of the
commission. [1953 c.489 §18; 2003 c.604 §35]
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 regularly once
each six months, and at such other times as called by the chairperson. The
chairperson may call special meetings at any time, and shall call a special
meeting when requested by two or more members of the commission. [1953 c.489 §19;
2005 c.22 §393]
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:
(1) Appoint all subordinate officers and
employees of the commission, prescribe their duties and fix their compensation.
(2) Levy assessments under ORS 576.325.
(3) Borrow money in amounts that do not
exceed estimated revenues from assessments for the year.
(4) Enter into contracts for carrying out
the duties of the commission.
(5) Subject to ORS 30.260 to 30.300, sue
and be sued in the name of the commission.
(6) Request that the Attorney General
prosecute in the name of the State of
(7) Study state and federal legislation
with regard to tariffs, duties, reciprocal trade agreements, import quotas and
other matters affecting commodity industries and the state. A commission may
represent and protect the interests of a commodity industry regarding any
legislation, proposed legislation or executive action affecting the commodity
industry.
(8) Participate in federal and state hearings
or other proceedings concerning regulation of the manufacture, distribution,
sale or use of pesticides as defined in ORS 634.006 or other chemicals that are
of use or potential use to producers of a commodity. This subsection does not
authorize a commodity commission to regulate the use of pesticides.
(9) To the extent consistent with the
duties of the commission, participate in and cooperate with local, state,
national and international private organizations or governmental agencies that
engage in work similar to that of a commodity commission.
(10) Provide mechanisms for maintaining
and expanding existing markets and developing new domestic and foreign markets
for a commodity, including but not limited to:
(a) Public relations programs;
(b) Media relations programs;
(c) Paid print, electronic and position
advertising;
(d) Point of sale promotion and
merchandising;
(e) Paid sales promotions and coupon
programs; and
(f) Activities that prevent, modify or
eliminate trade barriers that obstruct the free flow of a commodity to market.
(11) Conduct and fund research to:
(a) Enhance the commercial value of a
commodity and products derived from the commodity;
(b) Discover the benefits to public
health, the environment or the economy of consuming or otherwise using a
commodity;
(c) Develop better and more efficient
production, harvesting, irrigation, processing, transportation, handling,
marketing and uses of a commodity;
(d) Control or eradicate hazards to a
commodity, including but not limited to hazards from animals, pests and plants;
(e) Develop viable alternatives for the
rotation of crops;
(f) Determine new or potential demand for
a commodity and develop appropriate market development strategies for capturing
that demand; and
(g) Measure the effectiveness of
marketing, advertising or promotional programs.
(12) Gather, publicize and disseminate
information that shows the importance of the consumption or other use of a
commodity to public health, the environment, the economy and the proper nutrition
of children and adults.
(13) Further the purposes of this section
by funding scholarships for or providing financial assistance to persons or
entities interested in a commodity.
(14) Adopt rules in accordance with ORS
chapter 183 for carrying out the duties, functions and powers of the
commission. [2003 c.604 §8 (enacted in lieu of 576.305)]
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. (1) A
commodity commission may contract with an independent contractor for the
performance of any services. However, the commission may not contract with an
independent contractor to perform the discretionary functions of the
commission. ORS 279.835 to 279.855 and ORS chapters 240, 279A, 279B and 279C do
not apply to the commission in obtaining such services, except that no contract
for such services shall take effect until approved by the State Department of
Agriculture as provided in subsection (7) of this section.
(2) The commission may rent space or
acquire supplies and equipment from any contractor as described in subsection
(1) of this section. ORS chapters 276, 278, 279A, 279B, 279C and 283 and ORS
279.835 to 279.855 and 291.038 do not apply to such rentals or acquisitions.
(3) Except as provided in this section, a
contractor described in subsection (1) of this section shall be considered an
independent contractor and not an employee, eligible employee, public employee
or employee of the state for purposes of Oregon law, including ORS chapters
236, 238, 238A, 240, 243, 291, 292, 316 and 652.
(4) Nothing in this section precludes the
state or a commission from being considered the employer of the contractor
described in subsection (1) of this section for purposes of unemployment
compensation under ORS chapter 657 and ORS 670.600.
(5) A contractor described in subsection
(1) of this section shall be considered an independent contractor and not a
worker for purposes of ORS chapter 656 and ORS 670.600.
(6) A contractor described in subsection
(1) of this section may not be considered a public official, public officer,
state officer or executive official for purposes of
(7) The State Department of Agriculture
shall review the contract described in subsection (1) of this section for the
adequacy of the clauses pertaining to statement of work, starting and ending
dates, consideration, subcontracts, funds authorized in the budget, amendments,
termination, compliance with applicable law, assignment and waiver, access to
records, indemnity, ownership of work product, nondiscrimination, successors in
interest, attorney fees, tax certification or merger or any other clause the
department deems necessary.
(8) The Oregon Department of
Administrative Services, in consultation with the State Department of
Agriculture, shall adopt rules necessary for the screening and selection of
independent contractors under this section.
(9) Except as provided in subsection (8)
of this section, the State Department of Agriculture may promulgate any rules
necessary for the administration and enforcement of this section. [1991 c.948 §2;
1997 c.802 §21; 2003 c.733 §79; 2003 c.794 §302; 2005 c.22 §§394,395]
576.307
Provision of state services to commission. (1) Upon request by a commodity commission, the Oregon Department of
Administrative Services may:
(a) Purchase or otherwise provide for the
acquisition or furnishing of supplies, materials, equipment and services other
than personal services required by the commission and for the furnishing of
professional services rendered by independent contractors with the state to the
commission.
(b) Provide for the furnishing of printing
and multiple duplication work to the commission under ORS 282.010 to 282.050,
except that printing and binding that advertises or promotes products,
agricultural or manufactured, may not be considered state printing.
(c) Provide for the furnishing of services
relating to the disposition of surplus, obsolete or unused supplies, materials
and equipment to the commission under ORS 279A.280.
(d) Provide for the furnishing of central
telephone service and central mail or messenger services to the commission
under ORS 283.140.
(e) Provide for the furnishing of central
repair and maintenance services to the commission under ORS 283.150.
(f) Provide for the furnishing of clerical
and stenographic pool services to the commission under ORS 283.160.
(g) Provide for the furnishing of motor
vehicles for use by members, officers and employees of the commission under ORS
283.305 to 283.350.
(2) A commission shall pay to the Oregon
Department of Administrative Services such amount for services performed by the
department under subsection (1) of this section as the department determines is
adequate to reimburse it for the costs necessary to perform such services.
(3) Upon request by a commission, the
Oregon Department of Administrative Services may design and supervise the
installation of an accounting system for the commission. The commission shall
pay to the Oregon Department of Administrative Services such amount for
services performed by the department under this subsection as the department
determines is adequate to reimburse it for the costs necessary to perform such
services. [1959 c.596 §32; 1967 c.419 §35; 1993 c.500 §48; 2003 c.794 §303;
2005 c.22 §§396,397]
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 Commission, the Oregon Beef Council or
any other state agency or officer may furnish services, facilities and materials
to the commission under ORS 283.110. [1959 c.596 §33; 2003 c.604 §36]
576.311
Commission exempt from certain financial administration laws. Except as otherwise provided in ORS 576.051
to 576.455, 291.026, 291.201 to 291.222, 291.232 to 291.260, 291.322 to
291.336, 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. [1959 c.596 §34; 2005 c.22 §398]
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. [1953 c.489 §29; 2005 c.22 §399]
576.317
Intellectual property; rules.
(1) 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.
(2) A commodity commission established
under ORS 576.051 to 576.455 may, consistent with the purposes of the
commission, develop intellectual property that relates to a commodity or
assists in the implementation, maintenance or development of commission
programs. A commodity commission may take all necessary and proper actions
relating to the development of an intellectual property, including but not
limited to entering into contracts and other agreements and owning, managing,
disposing of or using the intellectual property. A commodity commission
developing intellectual property shall adopt rules to govern the ownership,
management, disposal and use of intellectual property and other activities of
the commission relating to intellectual property.
(3) Moneys received by a commodity
commission as a result of the commissions ownership, management, disposal or
use of intellectual property, or other activities of the commission relating to
intellectual property, must be deposited to an account established and
maintained by the commission pursuant to ORS 576.375. Moneys deposited under
this section are continuously appropriated to the commodity commission
possessing the account for the purpose of carrying out the duties, functions
and powers of the commission. [2001 c.578 §1; 2003 c.604 §37]
Note: 576.317 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 576 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
576.320
Commission employees not subject to state personnel compensation plans;
commission not subject to office space regulation; fees for administrative
services; rules. (1) 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.
(2) A commodity commission established
under ORS 576.051 to 576.455 is not required to utilize office space furnished
or obtained by the Oregon Department of Administrative Services as provided in
ORS chapter 276.
(3) The State Department of Agriculture
may charge and collect from each commodity commission established under ORS
576.051 to 576.455 an assessment or fee to reimburse the department for
supervisory or administrative functions the department is required by law to
perform with regard to commodity commissions. The department shall establish
the amount of the assessment or fee by rule. [1993 c.561 §2; 2003 c.604 §38]
Note: 576.320 was added to and made a part of ORS
chapter 576 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
(Assessment
and Budgeting)
576.325
Levy and collection of assessments; commission rules regulating sale
activities; maximum assessment rates. (1) 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.
(2)(a) A commodity commission may assess, levy
and collect an assessment, the amount of which the commission shall determine,
on all units or animals of the commodity grown or produced in this state, or
procured from this states rivers or the offshore waters, but not the
(b) A commission may assess, levy and
collect a differential assessment, the amount of which the commission shall
determine, based on the intended use, type or variety of the commodity.
(c) All casual sales of the commodity made
by the producer direct to the consumer are exempt from the assessment.
(d) A commission may, by rule, define and
regulate handling, processing and casual sales.
(3) The amount of the assessment provided
for in subsection (2) of this section is limited as follows:
(a) If a commission assesses on a unit
basis, the assessment may not exceed one and one-half percent of the industry
average unit price. The commission may determine the industry average unit
price by considering data and estimates of the United States Department of
Agriculture,
(b) If a commission assesses on a
percentage of dollar value basis, the assessment may not exceed one and
one-half percent of the dollar value received by a producer for the raw
commodity. If the dollar value received by a producer is not otherwise
determinable, the commission may establish the dollar value based on the
industry average unit price for that year for the raw commodity.
(4) Notwithstanding subsection (3) of this
section:
(a) The maximum assessment by the Oregon
Clover Seed Commission may not exceed one and one-half percent of the industry
average unit price for products within the same market category, if assessed on
a unit basis.
(b) The maximum assessments by the Oregon
Albacore Commission, the Oregon Orchardgrass Seed Producers Commission and the
Oregon Tall Fescue Commission may not exceed three percent of the industry
average unit price if assessed on a unit basis or three percent of the value
received by a producer for the raw commodity if assessed on a percentage of
dollar value basis.
(c) The maximum assessment by the Oregon
Sweet Cherry Commission for fresh, brined, canned and frozen cherries may not
exceed four percent of the respective industry average unit prices for fresh,
brined, canned and frozen cherries if assessed on a unit basis.
(d) The maximum assessment by the Oregon
Processed Vegetable Commission on a commodity may not exceed 0.5 percent of the
industry average unit price for that commodity if assessed on a unit basis or
0.5 percent of the dollar value received by a producer for the commodity if
assessed on a percentage of dollar value basis.
(e) The maximum assessment by the Oregon
Hop Commission may not exceed two percent of the industry average unit price if
assessed on a unit basis.
(f) The maximum assessment by the Oregon
Sheep Commission may not exceed five cents per pound on all wool, in the grease
basis, sold through commercial channels. The commission may not adopt an
assessment that is more than one-half cent per pound of wool, in the grease
basis, above the assessment for the previous year.
(5) A commission shall assess and levy an
assessment under subsections (2) to (4) of this section to the producer at the
time and in the manner provided by the commission by rule. The commission is
the owner of a collected assessment. A person who collects an assessment holds
the assessment in trust for the benefit of the commission and the state and
shall remit the assessment in the time and manner required by the commission
under ORS 576.335.
(6) Notwithstanding subsection (5) of this
section, a commission may assess, levy and collect an assessment from a first
purchaser at the time and in the manner provided by the commission by rule.
Except as provided in subsection (8) of this section, the assessment may not exceed
the limits described in subsections (3) and (4) of this section.
(7) A regional commission may assess, levy
and collect an assessment only on the commodity produced in the counties in
which the regional commission functions.
(8) Notwithstanding subsections (3) and
(4) of this section, a commodity commission may assess, levy and collect an
assessment in excess of the limits described in subsections (3) and (4) of this
section pursuant to a federal marketing order or agreement.
(9) A person who believes that the amount
of an assessment is incorrect may apply to the commission for a refund not
later than 60 days after the person pays the assessment. [1953 c.489 §21; 1957
c.447 §14; 1959 c.596 §13; 1983 c.645 §1; 2001 c.504 §4; 2003 c.604 §39; 2007
c.132 §4]
576.327
Exemptions from assessment; rules. (1) A commodity commission may, by rule, establish exemptions from
assessment based on:
(a) Commodity quantities;
(b) Types of commodity sale; and
(c) Types of commodity producer.
(2) When adopting a rule for exemptions
under subsection (1) of this section, a commission must consider:
(a) Laws and rules of the
(b) The practices, procedures and customs
unique to the production, handling, processing and trading of a particular
commodity and to the producers and growers of that commodity; and
(c) The cost of collecting the particular
assessment and practical problems relating to collection.
(3) A producer or handler that is exempted
from assessment, but required to submit reports to a commission, is subject to
ORS 576.351. [2003 c.604 §9]
576.335
Report by person responsible for collecting assessment. (1) 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.
(2) 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 required
to report and pay an assessment is subject to this section. [1953 c.489 §§24,26;
1959 c.596 §14; subsection (4) enacted as 1965 c.211 §3; 2003 c.604 §40]
576.345
Producer to make reports of and pay assessment moneys on certain sales. (1) 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 the proceeds to the commission.
(2) If a producer performs the handling or
processing functions on all or a part of the production of the commodity that
normally would be performed by another person as first purchaser, the producer
shall report sales of the commodity from the production of the producer 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 the proceeds to the commission. [1953 c.489 §25;
1959 c.596 §15; subsection (2) enacted as 1959 c.596 §74; 2005 c.22 §400]
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. (1) 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.
(2) For purposes of determining the
accuracy of assessments paid or due to a commission, the commission or a person
authorized by the commission may:
(a) Make an inspection during normal
business hours of the business premises of a person required to pay or collect
an assessment; and
(b) Audit the records of a person required
to pay or collect an assessment.
(3) For purposes of determining the
accuracy of assessments paid or due to a commission, the commission may issue a
subpoena for the production of any books, records or documents related to the
payment or collection of an assessment to a person required to pay or collect
the assessment.
(4) If an audit determines that a person
is delinquent in the payment or collection of an assessment, the person shall
pay the cost of the audit, not to exceed an amount equal to the delinquent
assessment. [1959 c.596 §76; 2003 c.604 §41]
576.355
Penalty for delaying transmittal of funds. (1) 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.
(2) A commission may waive the penalty and
interest described in subsection (1) of this section upon a showing of good
cause.
(3) Notwithstanding subsection (1) of this
section, if an assessment is collected pursuant to a federal marketing order or
agreement, a commission may establish a penalty or interest rate that is
consistent with that order or agreement. [1953 c.489 §28; 2003 c.604 §42]
576.365
Penalty for failure to relinquish assessment moneys to commission; civil action
or other remedies. (1) 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.
(2) A commission may commence a civil
action or utilize any other available legal or equitable remedy to collect an
assessment or civil penalty, obtain injunctive relief or obtain specific
performance under ORS 576.051 to 576.455.
(3) If the person responsible for the
transmittal of assessment moneys is a corporation, all directors and officers
of the corporation are personally liable for a failure to relinquish the
assessment moneys collected by the corporation.
(4) If a commission obtains a favorable
judgment in an action or suit under subsection (2) of this section, the court
shall award the commission costs and reasonable attorney fees.
(5) Unless the person required to pay an
assessment and the person responsible for collecting the assessment are related
businesses, the department may not collect from the person required to pay the
assessment any amount deducted by the person responsible for collecting the
assessment and due and owing to the department. [1953 c.489 §27; 1959 c.596 §16;
2003 c.604 §43]
576.370
Disputes over assessment amounts; rules governing disputes and establishing
assessment periods. (1) 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 multiplied by the
maximum lawful assessment percentage.
(2) A commodity producer who disputes the
amount of a commodity assessment as provided under subsection (1) of this
section must file any challenge to the assessment with the appropriate
commodity commission no later than 60 days after the close of the assessment
period. The challenge must be on a form provided by the State Department of
Agriculture. A commodity commission shall process a challenge under this
section as provided by rules adopted under subsection (4) of this section.
(3) A commodity producer filing a
challenge under this section bears the burden of proving the total dollar value
received by the producer during the assessment period. If the producer acts as
a handler or processor for all or part of the producers commodity production,
the producer also bears the burden of proving that the prices paid to the
producer are equivalent to prices paid in arms-length transactions. A
commodity commission shall refund the amount of the assessment that the
producer proves is in excess of the total dollar value received by the producer
for the raw commodity during the assessment period multiplied by the maximum
lawful assessment percentage.
(4) The department shall adopt necessary
and proper uniform rules for commodity commissions to carry out this section.
The department rules shall include, but need not be limited to, procedures for
the filing, processing and formal or informal resolution of challenges and for
determining commodity prices paid in arms-length transactions. A commodity
commission shall adopt rules establishing assessment periods and may adopt
supplemental rules that do not conflict with the rules of the department. [2001
c.504 §2; 2003 c.604 §44; 2005 c.22 §401]
Note: 576.370 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 576 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
576.372
Authority of some commissions to adopt rules authorizing refunds; effect. (1) In addition to any refund permitted
under ORS 576.325, the Oregon Alfalfa Seed Commission and the Oregon Grains
Commission may adopt rules that provide for the commodity commission adopting
the rule to refund all or part of a commodity assessment levied by the
commission upon request of the person paying the assessment. A rule adopted
under this subsection may not provide for a commission to refund an amount less
than the portion of the assessment used by the commission for advertising and
product promotion.
(2) If a commission adopts rules pursuant
to subsection (1) of this section:
(a) Plans and projects recommended by that
commission are exempt from State Department of Agriculture review and approval
or disapproval under ORS 576.066 (2); and
(b) Notwithstanding ORS 576.206, the
commission may vote to eliminate the position for a commissioner who is a
member of the public. [2003 c.604 §22; 2003 c.604 §23; 2007 c.55 §3]
576.375
Payment of commission moneys to authorized agent; deposits and withdrawals;
investments. (1) All moneys
collected or received by any person from the assessment levied under the
authority of ORS 576.325 and all other moneys received by a commodity
commission must be paid to the authorized agent of the commission and promptly
deposited into an account established by the commission in a depository, as
defined in ORS 295.001, that is insured by the Federal Deposit Insurance
Corporation. In a manner consistent with the requirements of ORS 295.001 to
295.108, the chairperson and vice chairperson for a commission shall ensure
that sufficient collateral secures any amount of funds on deposit that exceeds
the limits of the Federal Deposit Insurance Corporations coverage. All moneys
in the account are continuously appropriated to the commission making the
deposit for the purpose of carrying out the duties, functions and powers of the
commission.
(2) Moneys may not be withdrawn from or
paid out of the account except upon order of the commission, and upon checks or
other orders upon such accounts signed by the secretary-treasurer or such other
member of the commission as the commission designates and countersigned by such
other member, officer or employee of the commission as the commission
designates. The commission shall keep a receipt, voucher or other written
record, showing clearly the nature and items covered by each check or other
order.
(3) Subject to approval by the Director of
Agriculture, a commission may invest moneys collected or received by the
commission. Investments made by a commission are:
(a) Limited to investments described in
ORS 294.035;
(b) Subject to the investments maturity
date limitations described in ORS 294.135; and
(c) Subject to the conduct prohibitions
listed in ORS 294.145.
(4) Interest earned from any moneys
invested by a commission under subsection (3) of this section is available to
the commission in a manner consistent with the commissions annual budget. [1953
c.489 §22; 1959 c.596 §17; 1967 c.451 §25; 2003 c.604 §45; 2007 c.871 §29]
Note: The amendments to 576.375 by section 29,
chapter 871, Oregon Laws 2007, become operative July 1, 2008, and apply to all
public funds on deposit on or after July 1, 2008. See sections 36 and 37,
chapter 871, Oregon Laws 2007, as amended by sections 39 and 40, chapter 871,
Oregon Laws 2007. The text that is operative until July 1, 2008, is set forth
for the users convenience.
576.375 (1) All moneys collected or received by any
person from the assessment levied under the authority of ORS 576.325 and all
other moneys received by a commodity commission must be paid to the authorized
agent of the commission and promptly deposited into an account established by
the commission in a depository bank, as defined in ORS 295.001, that is insured
by the Federal Deposit Insurance Corporation. In a manner consistent with the
requirements of ORS chapter 295, the chairperson and vice chairperson for a
commission shall ensure that sufficient collateral secures any amount of funds
on deposit that exceeds the limits of the Federal Deposit Insurance Corporations
coverage. All moneys in the account are continuously appropriated to the
commission making the deposit for the purpose of carrying out the duties,
functions and powers of the commission.
(2) Moneys may not be withdrawn from or
paid out of the account except upon order of the commission, and upon checks or
other orders upon such accounts signed by the secretary-treasurer or such other
member of the commission as the commission designates and countersigned by such
other member, officer or employee of the commission as the commission
designates. The commission shall keep a receipt, voucher or other written
record, showing clearly the nature and items covered by each check or other
order.
(3) Subject to approval by the Director of
Agriculture, a commission may invest moneys collected or received by the
commission. Investments made by a commission are:
(a) Limited to investments described in
ORS 294.035;
(b) Subject to the investments maturity
date limitations described in ORS 294.135; and
(c) Subject to the conduct prohibitions
listed in ORS 294.145.
(4) Interest earned from any moneys
invested by a commission under subsection (3) of this section is available to
the commission in a manner consistent with the commissions annual budget.
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 favor of the commission and the State
of
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. [2003 c.604 §11
(enacted in lieu of 576.391)]
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. [1953 c.489 §30; subsection (2) enacted as 1959 c.596 §75;
1973 c.794 §30; 2005 c.22 §403]
576.405 [1953 c.489 §36; repealed by 2003 c.604 §109]
576.410
Fiscal year defined. As
used in ORS 576.416 to 576.445, fiscal year means the fiscal year commencing
on July 1 and ending on June 30. [1959 c.596 §21]
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. (1) 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.
(2) A commission shall follow generally
accepted accounting principles and keep financial and statistical information
as necessary to completely and accurately disclose the financial operations of
the commission as may be required by the Secretary of State. In addition, the
budget must show the estimated receipts and expenditures by or under the
authority of the commission under ORS 576.051 to 576.455 for the fiscal year
for which the budget is adopted. The budget also must show the actual receipts
and expenditures by or under the authority of the commission for the fiscal
year preceding the fiscal year in which the proposed budget is prepared, if
any, and the estimated receipts and expenditures by or under the authority of
the commission for the fiscal year in which the budget is prepared, if any.
(3) Estimated receipts and expenditures
for the fiscal year for which the budget is adopted must be fully itemized and
be prepared and arranged to clearly show each item of receipts and
expenditures. To the extent practicable, the items of receipts and expenditures
must be arranged under major groups or categories that are the same as the most
recent classifications of revenue and expenditures established pursuant to ORS
291.206.
(4) The budget shall contain only one
estimate for emergency or other expenditures that are unforeseen at the time
the budget is prepared.
(5) A commission shall call and hold at
least one public meeting upon the proposed budget. In selecting a time and
place for a meeting, a commission shall be guided by consideration for the
convenience of the majority of the producers of the commodity. At a meeting,
any person has a right to be heard with respect to the proposed budget.
(6) At least 14 days prior to the date of
a meeting under subsection (5) of this section, a commission shall publish
notice at least once in a newspaper of general circulation in this state. The
notice must set forth the purpose, time and place of the meeting and state that
a copy of the proposed budget is available for public inspection at the place
of business of the commission or at another convenient location.
(7) After a budget has been adopted, a
commission shall submit to the Director of Agriculture a copy of the budget and
an affidavit setting forth the pertinent facts relating to the preparation and
adoption of the budget. The director shall examine the budget and the affidavit
within 15 days and, if the director determines that the estimated receipts and
expenditures in the budget are in conformity with the authority of the
commission and other applicable statutory requirements and that the facts set
forth in the affidavit indicate that the budget was prepared and adopted in
accordance with the law, the director shall certify those determinations on the
copy of the budget and make the budget final. If the director determines that
the budget fails to meet the requirements in any respect, the director shall
immediately notify the commission of the particular failures. The commission
shall promptly take all practicable measures to remedy the failures and shall
resubmit a copy of the budget to the director for examination. The director
shall retain the certified copy of the final budget and make the budget
available for public inspection during normal business hours of the State
Department of Agriculture.
(8) A commission shall prepare an annual
financial statement of commission revenues and expenses and shall make the
statement available for public review. A commission shall provide a copy of the
statement to the Secretary of State and the department no later than 90 days
after the end of the state fiscal year. [2003 c.604 §14 (enacted in lieu of
576.415)]
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. [1959
c.596 §24; 2003 c.604 §46]
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.
(1) 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:
(a) 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 total amount of expenditures estimated for the major
group or category of the expenditure for the fiscal year in the budget adopted
for the fiscal year.
(b) For any purpose different than that
indicated by the major group or category of the expenditure in the budget
adopted for the fiscal year.
(2) An expenditure of moneys for a fiscal
year unforeseen at the time the budget is prepared may not be made or incurred
by or under the authority of the commission under ORS 576.051 to 576.455 in
excess of the amount of unforeseen expenditures estimated as provided in ORS
576.416. [1959 c.596 §28; 2003 c.604 §47]
576.445
Unforeseen expenditures. (1)
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 the commission and available
for public inspection during normal business hours of the commission.
(2) The commission shall send a copy of
the order to the Director of Agriculture. The director shall examine the order
and the budget to which the order relates. The director shall certify the order
if the director determines that the form of the order is in accordance with
law, that the facts set forth in the order and the budget to which the order
relates indicate that the order is in accordance with law, and that the
proposed unforeseen expenditure is appropriate to accomplish the goals and
needs of the commission. The director shall immediately notify the commission
if the director determines that the order is defective because of a failure to
comply with ORS 576.416, because the final budget or the preparation or
adoption of the final budget is defective or because estimated expenditures are
not in conformity with statutory requirements. The commission shall promptly
take all practicable steps to remedy the defects. The director shall retain the
certified copy of the order and make the copy available for public inspection
during normal business hours of the State Department of Agriculture. [1959
c.596 §29; 1977 c.198 §14; 1993 c.98 §20; 2003 c.604 §48]
576.450 [1959 c.596 §30; repealed by 2003 c.604 §109]
576.455
Moneys of abolished commission.
(1) 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 research benefitting producers
of the commodity that was subject to assessment by the abolished commission.
(2) The Legislative Assembly may order in
an Act dissolving a commodity commission that any moneys remaining in the
possession of the abolished commission on the effective date of the abolishment
be refunded on a proportional basis to the persons who paid assessments to the
commodity commission during the assessment year in which the commodity
commission was abolished. [2003 c.604 §12]
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)
and (3). [1965 c.211 §1; 2003 c.604 §49]
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:
(1) Agricultural commodity means any
agricultural, horticultural or viticultural product, but does not include milk,
timber or timber products.
(2) Department means the State
Department of Agriculture.
(3) Director means the Director of
Agriculture.
(4) Handler means any person who
purchases an agricultural commodity and thereafter grades, packs, cans,
freezes, distills, crushes or otherwise preserves or changes the form of the
commodity for the purpose of marketing the commodity.
(5) Producer means a person engaged in
the business of growing, raising or otherwise producing an agricultural commodity
for sale or an association of such persons organized under ORS chapter 62.
(6) Representative group of producers
means those producers who produced, in the previous crop season, more than 59
percent of the amount of the commodity handled by each separate handler with
whom such producers are involved in a dispute. [1969 c.238 §1]
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
appoint such employees as the director considers necessary to perform the
mediation services required by ORS 576.610 to 576.650. In addition to or in
place of any permanent employees appointed to perform mediation services, the
director may appoint persons, on a temporary basis, to perform such services.
Such temporary employees serve at the pleasure of the director, and need not be
members of the classified service, as defined in ORS 240.210. The director may
set the hours, salaries, expense allowances and other terms and conditions of
employment of such temporary employees. Any person designated to act for the
director in a mediation proceeding shall be a disinterested person who is not a
producer or handler of the commodity involved in the dispute, or interested in
the ownership or management of such a producer or handler. [1969 c.238 §2]
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 department shall meet
with the parties to the dispute and shall assist the parties in attempting to
reach a settlement. [1969 c.238 §3]
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. [1969 c.238 §4]
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. [1969
c.238 §5]
PAYMENT FOR
AGRICULTURAL COMMODITIES
576.700
Definitions for ORS 576.700 to 576.710. As used in ORS 576.700 to 576.710:
(1) Commodity has the meaning for that
term provided in ORS 576.051.
(2) 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
any cooperative, formed pursuant to ORS chapter 62.
(3) Producer means any person other than
a processor who produces a commodity in this state for commercial purposes.
(4) Meat animal has the meaning for that
term provided in ORS 603.010. [1971 c.531 §1; 1975 c.703 §8]
576.705
Processors required to pay for commodities within 30 days after delivery; interest
on late payments.
Notwithstanding any other provision of law:
(1) 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.
(2) Any processor who fails to make
payment as required by subsection (1) of this section shall pay, in addition to
the amount due, interest thereon at the rate of one percent per month. [1971
c.531 §2]
576.710
Applicability of ORS 576.705.
ORS 576.705 does not apply to any processor:
(1) Who purchases from a producer seed
that requires cleaning and germination tests; or
(2) Of sugar beets whose contract with a
producer for sale of the crop provides for profit sharing; or
(3) Of fish or seafood products; or
(4) Of meat animals. [1971 c.531 §3; 1975
c.703 §9]
576.725
Definitions for ORS 576.725 and 576.727. As used in this section and ORS 576.727:
(1) Final payment date means a date
specified in a seed production or purchase contract by which the wholesale seed
dealer must complete payment to the seed grower or, if a date is not specified
in the contract, May 1 of the year following production and harvesting of the
grass or clover seed.
(2) Seed delivery means the date on
which the seed grower delivers grass or clover seed to the wholesale seed
dealer pursuant to a notice from the dealer.
(3) Seed production or purchase contract
means a written agreement that must include:
(a) The estimated date for seed delivery;
(b) The terms and estimated dates for the
wholesale seed dealer to pay the seed grower;
(c) The number of acres of grass or clover
seed to be grown; and
(d) The species, cultivars and quality
standards of the grass or clover seed to be produced or purchased. [2001 c.265 §1]
Note: 576.725 and 576.727 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
576 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
576.727
Seed production or purchase contracts. (1) A seed production or purchase contract must require the wholesale
seed dealer to make payment to the seed grower within 30 days after seed
delivery. Upon written mutual agreement of the seed grower and the wholesale
seed dealer, the grower may extend the period available for the dealer to make
payment.
(2) If a licensed wholesale seed dealer
fails to pay a seed grower as required pursuant to subsection (1) of this
section, the grower may notify the State Department of Agriculture. Upon
notification by a grower, the department shall determine whether payment has
been made in accordance with terms of the contract. If the department
determines that payment has not been made, the department shall notify the
wholesale seed dealer in writing that the dealer has 30 days to pay the seed
grower all delinquent amounts plus interest on each delinquent amount at the
rate of one percent per month simple interest from the final payment date for
that delinquent amount.
(3) A seed production or purchase contract
may not vary the terms of the remedy provided by subsection (2) of this
section. A wholesale seed dealer may appeal the notice given by the department
under subsection (2) of this section as provided in ORS chapter 183. Subsection
(2) of this section does not prevent a seed grower from filing a notice of lien
against a wholesale seed dealer.
(4) If a wholesale seed dealer fails to
make payment as required by a notice given by the department under subsection
(2) of this section, the department shall suspend the license of the dealer
until the dealer demonstrates to the satisfaction of the department that the
dealer is current on all payments due to seed growers.
(5) A wholesale seed dealer who fails to
make payment as required by a notice given by the department under subsection
(2) of this section is considered to have authorized the seed grower to sell
any seed from the contract that is still in the possession of the grower and to
use the variety as provided under the federal Plant Variety Protection Act, 7
U.S.C. 2541(b), subject to a right of first refusal by the owner of a protected
variety. This subsection does not prevent a wholesale seed dealer from giving
consent to the seed grower by other means and does not supersede the terms of a
consent given by other means. [2001 c.265 §2]
Note: See note under 576.725.
576.750
Definitions for ORS 576.750 to 576.775. As used in ORS 576.750 to 576.775, unless the context requires
otherwise:
(1) 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.
(2) Wine has the meaning given that term
in ORS 471.001.
(3) Wine grape growing means the
cultivation in commercial quantities of vinifera grapes in this state.
(4) Wine making means the ownership and
control of or the management of a licensed winery in this state. [1977 c.690 §1;
1983 c.651 §1; 1995 c.301 §32; 2003 c.797 §25; 2005 c.22 §404]
576.751
Legislative findings. The
Legislative Assembly finds and declares that:
(1) The development of world-class wine
grape growing and wine making industries is important to
(2) It is in the public interest to
encourage the orderly growth and development of sustainable, labor-intensive,
value-added agricultural industries, such as the wine grape growing and wine
making industries.
(3) State involvement in the wine grape
growing and wine making industries must be coordinated to respond to state
interests and to encourage appropriate partnership and cooperation between the
public and private sectors in ensuring orderly growth and realizing statewide
objectives for world-class wine grape growing and wine making industries. [2003
c.797 §2]
576.753
(2) 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 the state.
(3) The term of office for a member is
three years, but a member serves at the pleasure of the Governor. Before the
expiration of a term, the Governor shall appoint a successor whose term begins
on January 1 next following. A member is eligible for reappointment.
(4) If a vacancy occurs on the board, the
Governor shall appoint a qualified person to serve the unexpired term.
(5) A person appointed to the board must
have:
(a) Expertise and experience in the
(b) A demonstrated ability and disposition
to serve the states interests regarding all aspects of the Oregon wine grape
growing and wine making industries, including but not limited to the various
types and sizes of wine grape growing and wine making operations, grape
varieties and growing regions within the state.
(6) A member of the board must maintain
the following qualifications during the term of office:
(a) Be a bona fide resident of the state
or an officer or principal owner of an entity organized or registered to do
business in this state.
(b) Have a demonstrated interest in the
positive development of the
(c) Be actively engaged in wine grape
growing or wine making.
(7) The members of the board shall elect a
chairperson and vice-chairperson with duties and powers as determined by the
board. [2003 c.797 §3]
576.755 [1977 c.690 §2; 1983 c.651 §2; 1987 c.804 §2;
repealed by 2003 c.797 §28]
576.756
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
576.759
Board powers. To carry out
the purposes specified in ORS 576.750 to 576.775, the Oregon Wine Board may:
(1) Appoint officers and enter into
agreements with consultants, agents and advisers, and prescribe their duties;
(2) Appear on the boards own behalf
before boards, commissions, departments or other agencies of municipal or
county governments, the state government or the federal government;
(3) Procure insurance against any losses
in connection with properties of the board in such amounts and from such
insurers as may be necessary or desirable;
(4) Accept donations, grants, bequests and
devises, conditional or otherwise, of money, property, services or other things
of value, including the interest or earnings thereon but excluding corporate
stock, that may be received from a government agency or a public or private
institution or person, to be held, used or applied for any or all of the
purposes specified in ORS 576.750 to 576.775 in accordance with the terms and
conditions of the donation, grant, bequest or devise;
(5) Organize, conduct, sponsor, cooperate
with and assist the private sector and other state agencies in the conduct of
conferences and tours relating to the wine grape growing and wine making
industries;
(6) Provide and pay for advisory services
and technical assistance that the board finds necessary or desirable; and
(7) Exercise any other powers necessary
for the operation and functioning of the board under ORS 576.750 to 576.775. [2003
c.797 §5; 2005 c.22 §405]
576.760 [1977 c.690 §3; 1983 c.651 §3; 1987 c.804 §4;
repealed by 2003 c.797 §28]
576.763
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:
(1) Held as standards to compare against
other wines to develop and improve
(2) Sold to state governmental agencies
for service at official governmental entertainment functions.
(3) Sold to the Governor and to the
administrative heads of state agencies on official government business to
present as gifts when required by protocol or social custom.
(4) Displayed and offered for tasting in
connection with promotional campaigns to encourage the purchase of
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
Rules; board employees. (1)
In accordance with applicable provisions of ORS chapter 183, the Oregon Wine
Board may adopt rules necessary for the administration of ORS 576.750 to
576.775.
(2) Notwithstanding ORS 182.460 and
576.753 (1), employees of the Oregon Wine Board are not eligible for inclusion
within the Public Employees Retirement System. [2003 c.797 §6; 2005 c.22 §406]
576.768
Strategic plan; budget; rules.
(1) 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.
(2) Notwithstanding ORS 182.462:
(a) The board shall prepare and submit
annual plans and a budget recommended by the board for promotion and for research
during the next fiscal year.
(b) The board shall adopt rules specifying
the procedures, criteria and timelines for the preparation and approval of the
annual plans and budget for promotion and for research.
(c) The Director of the Economic and
Community Development Department shall review the budget and plans submitted
under this section. In reviewing the annual plans and budget, the director
shall consider whether the information supplied by the board is factual and
consistent with ORS 576.750 to 576.775 and the positive development of the
(A) The State Department of Agriculture;
(B) The
(C) The Department of Higher Education;
(D) The Department of Community Colleges
and Workforce Development; and
(E) The
576.771
Payment of tax; delayed payment; records; inspections and audits. (1) 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).
(2) A person or winery required to pay a
tax under ORS 473.045 (5) shall keep accurate records sufficient to enable the
Oregon Liquor Control Commission to determine by inspection and audit the
accuracy of the taxes paid or due the Oregon Wine Board and of reports made or
due to the commission.
(3) The commission or a designee of the
commission may inspect and audit the records referred to in subsection (2) of
this section for the purpose referred to in subsection (2) of this section.
(4) A person or winery may not refuse to
permit an inspection and audit under subsection (3) of this section during
business hours.
(5) In addition to the penalties
prescribed in ORS 473.992, a person or winery that delays transmittal of tax
payments under ORS 473.045 (5) beyond the due date specified in ORS 473.045
shall pay five percent of the overdue amount for the first full or partial
month of delay and one percent of the overdue amount for each full or partial
month of delay thereafter.
(6) If a winery willfully refuses to turn
over tax moneys withheld under ORS 473.045 (5), the winery shall pay an
additional amount equal to twice the amount of the tax moneys not turned over. [2003
c.797 §8]
576.775
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 576.750 to 576.775. The board
shall allocate a portion of the moneys received from sources other than fees
toward research in enology and viticulture and toward promotion of the
GINSENG
GROWERS AND DEALERS
576.800
Definitions. As used in ORS
576.800 to 576.810:
(1) Cultivated ginseng means ginseng
that is growing or has been grown in tilled beds under the shade of artificial
structures or under natural shade, and that is cultivated by a person.
(2) Dealer means a person who buys
cultivated ginseng for the purpose of resale, but does not include a person who
buys root of cultivated ginseng for the purpose of retail sale to consumers in
the
(3) Ginseng means any part of the plant
known as American Ginseng (Panax quinquefolius L.), including plants, whole
roots, essentially intact roots and root chunks and slices, but excluding root
hairs, extracts, derivatives, leaves, stems, flowers and seeds.
(4) Grower means any person who grows
and sells cultivated ginseng. [1997 c.9 §1]
Note: 576.800 to 576.815 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
576 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
576.805
License required; prohibitions.
(1) No person shall engage in the activity of a grower or dealer of ginseng
without first having obtained a license therefor from the State Department of
Agriculture.
(2) No person required by subsection (1)
of this section to obtain a license shall fail to comply with this section and
ORS 576.810 or any rule adopted pursuant thereto. [1997 c.9 §2]
Note: See note under 576.800.
576.810
Rules; fees. In accordance
with any applicable provision of ORS chapter 183, the State Department of
Agriculture, by rule, shall establish a licensing system for persons who act as
ginseng growers or dealers. The system shall include, but not be limited to,
provisions:
(1) Prescribing the form and content of,
and the times and procedures for submitting, an application for license
issuance or renewal.
(2) Prescribing the term of the license
and the fee for original issuance and renewal of the license in an amount that
does not exceed the cost of administering the licensing system.
(3) Prescribing such certification
requirements as may be necessary to promote or allow the sale of ginseng in
interstate or international commerce.
(4) Establishing an advisory committee to
provide assistance to the department in the administration of ORS 576.800 to
576.810. [1997 c.9 §3; 1999 c.105 §4]
Note: See note under 576.800.
576.815
Revocation or suspension of license; civil penalty; rules. (1) The State Department of Agriculture may
revoke, suspend, deny or refuse to renew any grower or dealer a license if the
department finds the person has violated any provision of ORS 576.805 or
576.810 or any rule adopted pursuant thereto.
(2) In addition to any other liability or
penalty provided by law, the Director of Agriculture may impose a civil penalty
on a person for violation of any provision of ORS 576.805 or 576.810 or any
rule adopted pursuant thereto. The civil penalty for a first violation shall be
a fine of not more than $1,000. Upon a second violation, the department may
impose a fine of not more than $2,000.
(3) The department shall adopt by rule a
schedule establishing the amount of civil penalty that may be imposed for a
particular violation.
(4) All penalties recovered under this
section shall be deposited by the State Treasurer in the Department of
Agriculture Service Fund. The moneys are continuously appropriated to the
department for the purpose of carrying out ORS 576.805 and 576.810. [1997 c.9 §6]
Note: See note under 576.800.
576.820 [1997 c.9 §4; repealed by 1999 c.105 §3]
576.821
Disposition of fee moneys.
The State Treasurer shall deposit all moneys received by the State Department
of Agriculture under ORS 576.805 and 576.810 into the Department of Agriculture
Service Fund. The moneys are continuously appropriated to the department for
the purpose of carrying out the provisions of ORS 576.805 and 576.810. [1999
c.105 §2]
Note: 576.821 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 576 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
PENALTIES
576.990 [Repealed by 1953 c.119 §2]
576.991
Penalties. (1) Violation of
the provisions of ORS 576.024 is a Class B violation.
(2) Violation of any provision of ORS
576.051 to 576.455 is punishable, upon conviction, by a fine of not more than
$500, or by imprisonment in the county jail for not more than 90 days, or both.
(3) Justice courts shall have concurrent
jurisdiction with circuit courts in all prosecutions under ORS 576.051 to
576.455.
(4) Violation of ORS 576.805 is a
misdemeanor. [1953 c.489 §38; subsection (1) enacted as 1955 c.572 §6;
subsection (4) of 1957 Replacement Part enacted as 1957 c.447 §19; subsection
(5) of 1957 Replacement Part enacted as 1957 c.447 §17; 1959 c.596 §81;
subsection (2) enacted as 1967 c.388 §3; 1983 c.740 §224; subsection (4) of
1997 Edition enacted as 1997 c.9 §5; 1999 c.1051 §203]
Note: 576.991 (4) was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 576 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
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