Chapter 576
2005 EDITION
Agricultural Marketing Generally
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 Oregon State University unaffected; department may
seek information from university
576.024 Department
authorized to inspect records and businesses for economic study
purposes
576.035 Market
news service in Klamath Basin, central Oregon and Malheur areas
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
OREGON
WINE BOARD; WINE CELLAR
576.750
Definitions for ORS 576.750 to 576.775
576.751
Legislative findings
576.753
Oregon Wine Board
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 Oregon.
(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 Oregon State University
unaffected; department may seek information from university.
Nothing in ORS 576.006 to 576.022 shall be construed to limit,
alter, repeal or duplicate the existing authority and functions of
Oregon State University enumerated in ORS 561.362 and full effect
shall be given to the provisions of ORS 561.364 and 561.366. The
State Department of Agriculture may call upon Oregon State
University for such technical and statistical information as it may
need and as the university may be able to provide. [1955 c.572 §7]
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 Klamath Basin, central Oregon
and Malheur areas. The State Board of Higher Education, acting
through the Federal Cooperative Extension Service of Oregon State
University, shall cooperate with the Agriculture Marketing Service
of the United States Department of Agriculture and with the
appropriate offices of adjoining states to establish and maintain a
food product market news service in the Klamath Basin and provide
such services for the central Oregon and Malheur areas. [1961 c.560
§1]
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;
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 Oregon's commodity industries be clearly
expressed;
(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 United States and internationally.
(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 Oregon commodities for the purpose
of increasing the overall demand for those commodities. To achieve
that purpose, the Legislative Assembly intends that commodity
commissions operate primarily to create a more receptive environment
for commodities and for the individual efforts of persons engaged in
commodity industries and thereby complement individual, targeted and
specific activities.
(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
Oregon commodities.
(h) Increase knowledge regarding the healthful qualities and
dietetic value of Oregon commodities.
(i) Support and engage in research programs and activities
that benefit the planting, production, harvesting, handling,
processing, marketing and use of Oregon commodities. [2003 c.604 §2]
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 Oregon Dairy Products Commission.
(2) The Oregon Hazelnut Commission.
(3) The Oregon Dungeness Crab Commission.
(4) The Oregon Salmon Commission.
(5) The Oregon Albacore Commission.
(6) The Oregon Grains Commission.
(7) The Oregon Sheep Commission.
(8) The Oregon Potato Commission.
(9) The Oregon Alfalfa Seed Commission.
(10) The Oregon Bartlett Pear Commission.
(11) The Oregon Blueberry Commission.
(12) The Oregon Clover Seed Commission.
(13) The Oregon Fine Fescue Commission.
(14) The Oregon Fryer Commission.
(15) The Oregon Highland Bentgrass Commission.
(16) The Oregon Hop Commission.
(17) The Oregon Mint Commission.
(18) The Oregon Orchardgrass Seed Producers Commission.
(19) The Oregon Processed Vegetable Commission.
(20) The Oregon Raspberry and Blackberry Commission.
(21) The Oregon Ryegrass Growers Seed Commission.
(22) The Oregon Strawberry Commission.
(23) The Oregon Sweet Cherry Commission.
(24) The Oregon Tall Fescue Commission.
(25) The Oregon Trawl Commission.
(26) The Western Oregon Onion Commission. [2003 c.604 §15;
2003 c.749 §18]
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]
Note: The amendments to 576.066 (formerly 576.044) by
section 29, chapter 604, Oregon Laws 2003, become operative March 1,
2009. See section 30, chapter 604, Oregon Laws 2003. The text that
is operative on and after March 1, 2009, is set forth for the user's
convenience.
576.066. The State Department of Agriculture shall:
(1) 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;
(2) 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;
(3) Carry out the assigned organizational procedures under
ORS 576.051 to 576.455, including the appointment and removal of
members of the commission;
(4) Review budgets submitted to the Director of Agriculture
by a commodity commission under ORS 576.416; and
(5) Adopt rules to carry out the provisions of ORS 576.051 to
576.455.
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 commissioner's 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)]
Note: The amendments to 576.206 by section 5, chapter
604, Oregon Laws 2003, become operative March 1, 2009. See section
6, chapter 604, Oregon Laws 2003. The text that is operative on and
after March 1, 2009, is set forth for the user's convenience.
576.206. (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. All commissioners
other than handlers 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 commissioner's 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.
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 United States.
(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 Oregon.
(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 Oregon suits and actions for the collection of
assessments levied by the commission.
(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 Oregon law, including
ORS chapters 236, 244, 292, 295 and 297 and ORS 171.725 to 171.785.
(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, ORS 291.026, 291.201 to 291.222, 291.230 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 commission's 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 state's rivers or the offshore waters,
but not the Columbia River, for handling within this state, and sold
in commercial channels. A commission may not apply an assessment to
a transaction that occurred prior to the effective date of the
commission rule adopting the assessment.
(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, Oregon State University or other reliable sources.
(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 Bartlett Pear
Commission may not exceed seven percent of the industry average unit
price if assessed on a unit basis.
(e) 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.
(f) 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.
(g) 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]
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 United States and other states
relating to commodity commissions, boards and marketing orders;
(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 producer's
commodity production, the producer also bears the burden of proving
that the prices paid to the producer are equivalent to prices paid
in arm's-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 arm's-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]
Note: The amendments to 576.372 by section 23, chapter
604, Oregon Laws 2003, become operative March 1, 2009. See section
24, chapter 604, Oregon Laws 2003. The text that is operative on and
after March 1, 2009, is set forth for the user's convenience.
576.372. 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.
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 bank, as defined in ORS 295.005, 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 Corporation's 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 commission's annual budget. [1953
c.489 §22; 1959 c.596 §17; 1967 c.451 §25; 2003 c.604 §45]
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 Oregon, in an
amount equal to the maximum amount of moneys the commission
determines the person will have subject to control at any one time
and upon such conditions as the commission shall prescribe. The
commission shall pay the cost of the bond or letter of credit. [1953
c.489 §23; 1957 c.447 §20; 1959 c.596 §19; 1991 c.331 §86; 1997
c.631 §499; 2005 c.22 §402]
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.
OREGON
WINE BOARD; WINE CELLAR
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 Oregon as a whole. The health
of the wine grape growing and wine making industries affects the
well-being of Oregonians and Oregon rural economies and
environments.
(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 Oregon Wine Board. (1) The Oregon Wine Board is
established as a semi-independent state agency subject to ORS
182.456 to 182.472.
(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 Oregon wine grape growing
or wine making industries; and
(b) A demonstrated ability and disposition to serve the
state's 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 Oregon wine industry.
(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 Oregon and supporting the
promotion of Oregon's wine grape growing and wine making industries.
The board shall create and maintain a long term strategic plan and
use that plan to guide the granting and funding decisions of the
board. To the extent practicable, the board shall allocate funds and
award grants in a manner that encourages coordinated, cost-effective
projects that are integrated to implement the board's strategic
statewide objectives for the development of world-class wine grape
growing and wine making within Oregon. [2003 c.797 §7]
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 board's 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 Oregon viticultural and enological practices.
(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 Oregon wines.
[1985 c.117 §2; 2003 c.797 §26]
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 Oregon wine grape growing and wine making
industries. The director shall either approve the budget and plans
prior to the commencement of the next fiscal year or disapprove and
return the budget and plans to the board with conditions necessary
for approval prior to the commencement of the next fiscal year. In
reviewing the budget and plans, the director may consult with and
receive coordinated support from:
(A) The State Department of Agriculture;
(B) The Oregon Tourism Commission;
(C) The Department of Higher Education;
(D) The Department of Community Colleges and Workforce
Development; and
(E) The Oregon Liquor Control Commission. [2003 c.797 §11;
2005 c.22 §407]
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 Oregon wine grape growing and wine making
industries, including administrative costs associated with either
category. [2003 c.797 §10; 2005 c.22 §408]
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 United States.
(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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