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. | 
