2007 Oregon Code - Chapter 578 :: Chapter 578 - Oregon Wheat Commission
Chapter 578 —
2007 EDITION
WHEAT COMMISSION
AGRICULTURAL MARKETING AND WAREHOUSING
578.010Â Â Â Â Definitions
578.020Â Â Â Â Legislative
findings; purpose of chapter
578.025Â Â Â Â Department
oversight of commission; rules
578.030Â Â Â Â Oregon
Wheat Commission; members
578.040Â Â Â Â Qualifications
of members
578.060Â Â Â Â Removal
of members; compensation of members; rules
578.070Â Â Â Â Chairperson
and secretary of commission
578.080Â Â Â Â Meetings
of commission
578.090Â Â Â Â Duties
and powers of commission
578.100Â Â Â Â Acceptance
of grants, donations and gifts
578.105Â Â Â Â Intellectual
property; rules
578.110Â Â Â Â Bond
or letter of credit required of person authorized to receive or disburse
commission moneys
578.120Â Â Â Â Appointment
of administrator; duties; salary
578.130Â Â Â Â Establishment
of administratorÂ’s office
578.135Â Â Â Â Commission
employees not subject to state personnel compensation plans; commission not
subject to office space regulation; fees for administrative services; rules
578.151Â Â Â Â Preparation
of commission budget; annual financial statements; deposit, withdrawal and
investment of moneys
578.160Â Â Â Â Services,
facilities and materials furnished to and received from other state agencies
578.170Â Â Â Â Commission
exempt from certain financial administration laws
578.181Â Â Â Â Cancellation
of uncollectible assessments; subsequent collection
578.190Â Â Â Â Records
and accounts of commission
578.211Â Â Â Â Levy
and collection of assessment; commission rules regulating sales activities;
disputes over assessment amounts; assessment rules
578.216Â Â Â Â Authority
of commission to adopt rules authorizing refunds; effect
578.251Â Â Â Â Records
of person required to pay assessment; inspections and audits
578.990Â Â Â Â Penalties
     578.010
Definitions. As used in this
chapter, unless the context requires otherwise:
     (1) “Commercial channels” means the sale
of wheat for use as food, feed, seed, or any industrial or chemurgic use, when
sold to any commercial buyer, dealer, processor, cooperative, or to any person,
public or private, who resells any wheat or product produced from wheat.
     (2) “Commission” means the Oregon Wheat
Commission.
     (3) “Director” means the Director of
Agriculture.
     (4) “First purchaser” means any person,
corporation, association or partnership that buys wheat from the grower in the
first instance, or any lienholder, public or private, who may possess wheat
from the grower under any lien.
     (5) “Grower” means any landowner
personally engaged in growing wheat; a tenant of the landowner personally
engaged in growing wheat; and both the owner and the tenant jointly; and
includes a person, partnership, association, corporation, cooperative, trust,
sharecropper, and any and all other business units, devices and arrangements.
     (6) “
     578.020
Legislative findings; purpose of chapter. (1) The Legislative Assembly finds and declares that:
     (a) It is in the interest of all the
people that the abundant natural resources of
     (b) The growing of wheat is an
agricultural industry that contributes to the economic welfare of
     (c) Because a surplus of wheat is grown in
this state and, during recurrent years, that surplus has been in excess of all
available markets, it is necessary that additional markets for wheat be found
in order to provide profitable enterprises for wheat growers and to provide
employment for labor and industry dependent upon wheat.
     (2) The purpose of this chapter is to
promote the public health and welfare by providing means for the protection and
stabilization of the wheat industry in this state. [Amended by 2003 c.604 §87]
     578.025
Department oversight of commission; rules. (1) The State Department of Agriculture shall:
     (a) Monitor the practices or methods used
or proposed for use by the Oregon Wheat Commission in carrying out the goals
and needs disclosed by the budget of the commission;
     (b) Promote cooperation among the
commission, commodity commissions and the Oregon Beef Council and assist in the
interchange of information and experience among those entities;
     (c) Carry out the assigned organizational
procedures under this chapter, including the appointment and removal of members
of the commission;
     (d) Review budgets submitted to the
Director of Agriculture by the commission; and
     (e) Adopt rules to carry out the
provisions of this chapter.
     (2) Except as provided in ORS 578.216, the
department shall review, and may approve or disapprove, plans and projects
recommended by the commission for wheat promotion, advertising and research and
for the dissemination of consumer and wheat industry information. In reviewing
plans and projects recommended by the commission, the department shall consider
whether the plan or project information is:
     (a) Factual;
     (b) Not disparaging to commodities; and
     (c) Consistent with the purposes of this
chapter. [2003 c.604 §82]
     Note: The amendments to 578.025 by section 83,
chapter 604, Oregon Laws 2003, become operative January 2, 2010. See section 84,
chapter 604, Oregon Laws 2003, as amended by section 6, chapter 55, Oregon Laws
2007. The text that is operative on and after January 2, 2010, is set forth for
the userÂ’s convenience.
     578.025. The State Department of Agriculture shall:
     (1) Monitor the practices or methods used
or proposed for use by the Oregon Wheat Commission in carrying out the goals
and needs disclosed by the budget of the commission;
     (2) Promote cooperation among the
commission, commodity commissions and the Oregon Beef Council and assist in the
interchange of information and experience among those entities;
     (3) Carry out the assigned organizational
procedures under this chapter, including the appointment and removal of members
of the commission;
     (4) Review budgets submitted to the
Director of Agriculture by the commission; and
     (5) Adopt rules to carry out the
provisions of this chapter.
     578.030
     (2) The director, or a duly authorized
representative of the director, and the Dean of the College of Agricultural
Sciences of Oregon State University, or a duly authorized representative of the
dean, shall be ex officio members, without vote, of the commission. [Amended by
1959 c.596 §35; 1977 c.198 §26; 1995 c.79 §315; 2003 c.604 §88]
     Note: The amendments to 578.030 by section 89,
chapter 604, Oregon Laws 2003, become operative January 2, 2010. See section
90, chapter 604, Oregon Laws 2003, as amended by section 7, chapter 55, Oregon
Laws 2007. The text that is operative on and after January 2, 2010, is set
forth for the userÂ’s convenience.
     578.030. (1) There hereby is created the Oregon Wheat
Commission consisting of seven members. The Director of Agriculture shall
appoint five voting commission members for terms of four years. In making the
appointments of voting members of the commission the director shall take into
consideration any nominations or recommendations made to the director by
growers or growersÂ’ organizations.
     (2) The director, or a duly authorized
representative of the director, and the Dean of the College of Agricultural
Sciences of Oregon State University, or a duly authorized representative of the
dean, shall be ex officio members, without vote, of the commission.
     578.040
Qualifications of members.
(1) The voting members of the Oregon Wheat Commission shall be selected and
appointed because of their ability and disposition to serve the stateÂ’s
interest and their knowledge of the stateÂ’s natural resources. Voting members
other than the member of the public must be citizens residing in this state,
who have been actually engaged in growing wheat in this state for at least five
years.
     (2) Three of the members shall be
residents of and have farming operations in that part of the
     Note: The amendments to 578.040 by section 93,
chapter 604, Oregon Laws 2003, become operative January 2, 2010. See section
94, chapter 604, Oregon Laws 2003, as amended by section 8, chapter 55, Oregon
Laws 2007. The text that is operative on and after January 2, 2010, is set
forth for the userÂ’s convenience.
     578.040. (1) The voting members of the Oregon Wheat
Commission shall be selected and appointed because of their ability and
disposition to serve the stateÂ’s interest and their knowledge of the stateÂ’s
natural resources. Voting members must be citizens residing in this state, who
have been actually engaged in growing wheat in this state for at least five
years.
     (2) Three of the members shall be
residents of and have farming operations in that part of the
     578.050 [Repealed by 2003 c.604 §109]
     578.060
Removal of members; compensation of members; rules. (1) A member is removable by the Director of
Agriculture for cause after being given a copy of written charges and an
opportunity to be heard publicly. In addition to all other causes, ceasing to
be a resident of this state or to be actually engaged in growing wheat therein
is sufficient cause for removal.
     (2) Members, officers and employees of the
Oregon Wheat 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 rules governing the incurring and
paying of such expenses. [Amended by 1959 c.596 §36; 1977 c.198 §27]
     578.070
Chairperson and secretary of commission. The Oregon Wheat Commission shall elect a chairperson and may employ a
secretary who is not a member of the commission.
     578.080
Meetings of commission. (1)
The Oregon Wheat Commission shall meet at least once every three months
regularly and at such other times as called by the chairperson. The chairperson
may call special meetings of the commission at any time.
     (2) The commission may participate in
meetings outside this state for the purpose of advancing the work of the
commission. [Amended by 2003 c.604 §95]
     578.090
Duties and powers of commission. (1) Consistent with the general purposes of this chapter, the Oregon
Wheat Commission shall establish the policies to be followed in accomplishing
those purposes.
     (2) In the administration of this chapter,
the commission has the following duties, authorities and powers:
     (a) To conduct a campaign of research,
education and publicity.
     (b) To find new markets for wheat and
wheat products.
     (c) To give, publicize and promulgate
reliable information showing the value of wheat and wheat products for any
purpose for which it is found useful and profitable.
     (d) To make public and encourage the
widespread national and international use of the special kinds of wheat and
wheat products produced from the special varieties of wheat grown in
     (e) To investigate and participate in
studies of the problems peculiar to the producers of wheat in
     (f) To take such action as the commission
deems necessary or advisable in order to stabilize and protect the wheat
industry of the state and the health and welfare of the public.
     (g) To lease, purchase or own the real or
personal property deemed necessary in the administration of this chapter.
     (h) To establish a reasonable per diem
allowance, in addition to expenses under ORS 578.060, to members of the
commission while actually engaged in the performance of their official duties,
including necessary travel time.
     (3) In addition to exercising the powers
listed in subsection (2) of this section, the commission may exercise the same
powers that a commodity commission may exercise under ORS 576.304. [Amended by
1959 c.596 §37; 1977 c.198 §28; 2003 c.604 §96; 2007 c.71 §179]
     578.100
Acceptance of grants, donations and gifts. The Oregon Wheat Commission may accept grants, donations and gifts of
funds from any source for expenditure for any purposes consistent with this chapter
which may be specified as a condition of any grant, donation or gift. [Amended
by 1959 c.596 §38]
     578.105
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) The Oregon Wheat Commission may,
consistent with the purposes of the commission, develop intellectual property
that relates to wheat or assists in the implementation, maintenance or
development of commission programs. The 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. The
commission may 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 the commission as a
result of the 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. [2003
c.604 §85]
     578.110
Bond or letter of credit required of person authorized to receive or disburse
commission moneys. The
administrator and any other person authorized to receive or disburse moneys
received by the Oregon Wheat Commission 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, in either case in favor of the commission and the State
of Oregon, in such amount equal to the maximum amount of moneys the commission
determines such person will have subject to the control of the person at any
one time and upon such conditions as the commission shall prescribe. The cost of
the bond or letter of credit shall be paid by the commission. [Amended by 1959
c.596 §39; 1991 c.331 §87; 1997 c.631 §501]
     578.120
Appointment of administrator; duties; salary. The Oregon Wheat Commission shall appoint an administrator, who shall
devote full time to the administration of this chapter. The administrator is an
ex officio member, without vote, of the commission. The administrator shall
proceed immediately to prepare the plans and general program necessary and
adequate to carry out the policies that are adopted by the commission. The
administrator shall be paid the salary fixed by the commission. [Amended by
1959 c.596 §40]
     578.130
Establishment of administratorÂ’s office. For the convenience of the majority of those most likely to be affected
in the administration of this chapter, the administrator, upon recommendation
of the Oregon Wheat Commission, may establish and maintain an office for the
administrator, at any place the commission selects.
     578.135
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 the Oregon Wheat Commission 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) The commission 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 the commission an assessment or fee to reimburse
the department for supervisory or administrative functions the department is
required by law to perform with regard to the commission. The department shall
establish the amount of the assessment or fee by rule. [2003 c.604 §86]
     578.140 [Repealed by 2003 c.604 §109]
     578.150 [1959 c.596 §47; repealed by 2003 c.604 §71
(578.151 enacted in lieu of 578.150)]
     578.151
Preparation of commission budget; annual financial statements; deposit,
withdrawal and investment of moneys. The Oregon Wheat Commission shall:
     (1) Adopt a budget, obtain budget approval
and submit financial statements in the same manner as a commodity commission
acting under ORS 576.416.
     (2) Receive, deposit, invest, expend and
budget moneys in the same manner as a commodity commission acting under ORS
576.375, 576.420, 576.440 and 576.445. [2003 c.604 §72 (enacted in lieu of
578.150)]
     578.160
Services, facilities and materials furnished to and received from other state
agencies. (1) ORS 576.307 is
applicable to the Oregon Wheat Commission.
     (2) The Oregon Wheat Commission may elect
to furnish services, facilities and materials to commodity commissions created
under ORS 576.051 to 576.455, the Oregon Beef Council or other state agencies
and officers under ORS 283.110. [1959 c.596 §49; 2003 c.604 §97]
     578.170
Commission exempt from certain financial administration laws. Except as otherwise provided in this
chapter, ORS 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 the Oregon Wheat Commission or to the administration
and enforcement of this chapter. [1959 c.596 §50]
     578.180 [1959 c.596 §83; repealed by 2003 c.604 §73
(578.181 enacted in lieu of 578.180)]
     578.181
Cancellation of uncollectible assessments; subsequent collection. The Oregon Wheat 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 §74
(enacted in lieu of 578.180)]
     578.190
Records and accounts of commission. The Oregon Wheat 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. [1959 c.596 §§46,84; 1973 c.794 §32]
     578.210 [Amended by 1959 c.596 §41; 1975 c.174 §1;
1981 c.58 §1; 1991 c.972 §1; repealed by 2003 c.604 §75 (578.211 enacted in
lieu of 578.210)]
     578.211
Levy and collection of assessment; commission rules regulating sales
activities; disputes over assessment amounts; assessment rules. (1)(a) The Oregon Wheat Commission may
assess, levy and collect an assessment, the amount of which the commission
shall determine, on all units of wheat grown or produced in this state and sold
in commercial channels. The commission may not apply an assessment to any
transaction that occurred prior to the date that the commission order assessing
the assessment was entered.
     (b) The 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 wheat.
     (c) All casual sales of wheat made by the
producer direct to the consumer are exempt from the assessment.
     (d) The commission may, by rule, define
and regulate handling, processing and casual sales.
     (2) The commission shall assess and levy
an assessment under subsection (1) of this section to the producer at the time
and in the manner prescribed 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 prescribed by the commission by
rule. The assessment shall be deducted as provided by this section whether the
wheat is stored in this or another state.
     (3) A lienholder who possesses wheat under
the lien shall deduct the assessment from the proceeds of the claim secured by
the lien when the wheat is pledged or mortgaged.
     (4) Notwithstanding subsection (2) of this
section, the commission may assess and levy an assessment and collect an assessment
from a first purchaser at the time and in the manner prescribed by the
commission by rule.
     (5) A person who believes that the amount
of an assessment is incorrect may apply to the commission within 60 days after
paying the assessment for a refund of the excess amount paid.
     (6) An assessment under this section is a
lien on the wheat and has priority over other liens or encumbrances on the
wheat except liens created by a statute of this state.
     (7) The commission may, by rule, establish
exemptions from assessment based on:
     (a) Wheat quantities;
     (b) Types of wheat sale; and
     (c) Types of wheat producer. [2003 c.604 §76
(enacted in lieu of 578.210)]
     578.216
Authority of commission to adopt rules authorizing refunds; effect. (1) In addition to any refund permitted
under ORS 578.211, the Oregon Wheat Commission may adopt rules that provide for
the commission to refund all or part of an assessment on wheat upon request of
the person paying the assessment. A rule adopted under this subsection may not
provide for the commission to refund less than the portion of the assessment
used by the commission for advertising and product promotion.
     (2) If the commission adopts rules
pursuant to subsection (1) of this section, plans and projects recommended by
the commission are exempt from State Department of Agriculture review and
approval or disapproval under ORS 578.025 (2). [2003 c.604 §77]
     Note: The amendments to 578.216 by section 78,
chapter 604, Oregon Laws 2003, become operative January 2, 2010. See section
79, chapter 604, Oregon Laws 2003, as amended by section 5, chapter 55, Oregon
Laws 2007. The text that is operative on and after January 2, 2010, is set
forth for the userÂ’s convenience.
     578.216. In addition to any refund permitted under
ORS 578.211, the Oregon Wheat Commission may adopt rules that provide for the
commission to refund all or part of an assessment on wheat upon request of the
person paying the assessment. A rule adopted under this subsection may not
provide for the commission to refund less than the portion of the assessment
used by the commission for advertising and product promotion.
     578.220 [Repealed by 2003 c.604 §109]
     578.230 [Amended by 1955 c.156 §1; 1959 c.596 §42;
2003 c.14 §353; repealed by 2003 c.604 §109]
     578.240 [1959 c.596 §44; 1967 c.451 §27; repealed by
2003 c.604 §109]
     578.250 [1959 c.596 §85; repealed by 2003 c.604 §80
(578.251 enacted in lieu of 578.250)]
     578.251
Records of person required to pay assessment; inspections and audits. (1) A person required to pay an assessment
to the Oregon Wheat Commission shall keep records in the same manner as
required by ORS 576.351 for a person required to pay an assessment to a
commodity commission.
     (2) The commission or a person authorized
by the commission may inspect and audit records, issue subpoenas and require
payment for the cost of audits in the same manner as a commodity commission or
person authorized by a commodity commission under ORS 576.351. [2003 c.604 §81
(enacted in lieu of 578.250)]
     578.990
Penalties. Violation of any
of the provisions of this chapter is punishable, upon conviction, by a fine of
not less than $25 nor more than $500, or by imprisonment in the county jail for
not less than 30 nor more than 90 days, or by both. Justice courts have
concurrent jurisdiction with circuit courts in all prosecutions under this
chapter.
_______________
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