Title 46, Agriculture

(1)(a) Except as provided in paragraph (b) of this subsection, if a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 prior to applying for a grower license under ORS 571.281, the State Department of Agriculture shall refuse to issue a license…

(1) For purposes of ORS 633.511 to 633.750, agricultural hemp seed is an agricultural seed or a flower seed, as those terms are defined in ORS 633.511. (2) The Director of Agriculture, or the director’s agent, and the Dean of the College of Agricultural Sciences of Oregon State U…

(1) An agricultural hemp seed producer licensed under ORS 571.281: (a) Must sell agricultural hemp seed in a manner that complies with any standard established by the Director of Agriculture under ORS 633.511 to 633.750; and (b) May sell agricultural hemp seed only if the agricul…

(1)(a) A laboratory licensed by the Oregon Liquor and Cannabis Commission under ORS 475C.548 and accredited by the Oregon Health Authority pursuant to ORS 475C.560 may test industrial hemp and industrial hemp commodities and products whether or not the industrial hemp or industri…

(1) The State Department of Agriculture may enter into an agreement with the Oregon Health Authority for the purpose of developing standards for investigating and testing an industrial hemp crop to determine the average tetrahydrocannabinol concentration of the crop. (2) In accor…

(1) As used in this section, “licensee,” “marijuana,” “marijuana item” and “marijuana processor” have the meanings given those terms in ORS 475C.009. (2) A grower licensed under ORS 571.281 may deliver industrial hemp, and a handler licensed under ORS 571.281 may deliver industri…

(1) As used in this section: (a) “Processor” means a person licensed under ORS 475C.085. (b) “Retailer” means a person licensed under ORS 475C.097. (c) “Wholesaler” means a person licensed under ORS 475C.093. (2) A processor, retailer or wholesaler may purchase, receive, transfer…

(1) For purposes of this section, “consumer” means a person that purchases, acquires, owns, holds or uses an industrial hemp commodity or product other than for the purpose of resale. (2) A person may not sell, transfer or deliver to a consumer an industrial hemp commodity or pro…

The State Department of Agriculture may by rule or order establish a process providing for the remediation of a violation of ORS 571.330 or 571.333 that is committed by a grower or handler licensed under ORS 571.281 and is not committed intentionally. [2018 c.116 §9; 2021 c.542 §…

(1) Subject to the provisions of ORS chapter 183, the State Department of Agriculture may impose a civil penalty not to exceed $2,500 on a person for violating: (a) A provision of ORS 571.260 to 571.348; (b) A rule adopted under a provision of ORS 571.260 to 571.348; or (c) An or…

As used in ORS 571.400 to 571.501: (1) “Fiscal year”: (a) Except as provided in paragraph (b) of this subsection, means the 12-month period commencing on July 1 and ending on June 30. (b) If adopted by rule by the Oregon Hemp Commission, means the 12-month period commencing on Ja…

(1) It is hereby declared, as a matter of legislative determination, that ORS 571.400 to 571.501 are enacted in the exercise of the power of the state for the purposes of protecting and furthering the public health and welfare. It is further declared that the hemp industry of thi…

(1) The State Department of Agriculture shall: (a) Monitor the methods and practices used or proposed by the Oregon Hemp Commission in carrying out the goals and meeting the needs disclosed by the budget of the commission; (b) Promote cooperation among the Oregon Hemp Commission,…

(1) In the same manner as that provided in ORS 576.206, the Director of Agriculture shall appoint seven temporary members to the Oregon Hemp Commission. In appointing the temporary members, the director shall consider any recommendations by commodity commissions, producers and pr…

The Director of Agriculture and the Dean of the College of Agricultural Sciences of Oregon State University are ex officio nonvoting members of the Oregon Hemp Commission. [2021 c.216 §5] Note: See note under 571.400.

The Director of Agriculture shall immediately declare the office of a member of the Oregon Hemp Commission who is a producer or processor vacant if the director finds that: (1) The member is no longer actively engaged in hemp production or processing; (2) The member has become a …

The Director of Agriculture shall immediately declare the office of a member of the Oregon Hemp Commission who is a member of the public vacant if the director finds that the member has become a producer or processor. [2021 c.216 §6a] Note: See note under 571.400.

(1) The Director of Agriculture may remove a member of the Oregon Hemp Commission for inefficiency, neglect of duty or misconduct in office if the director provides: (a) At least 10 days before the date of a public hearing on the issue of removal of the member, service on the mem…

(1) The Oregon Hemp Commission may adopt rules to establish the amount of payment that a member of the commission receives under ORS 292.495 for each day, or portion of a day, during which the member is engaged in the performance of official duties. Any rules adopted under this s…

(1) The Oregon Hemp Commission shall establish a meeting place anywhere in this state, but must consider in selecting the location the convenience of the majority of those persons most likely to have business with the commission or to be affected by the acts of the commission. (2…

The Oregon Hemp Commission may: (1) Conduct scientific research to discover and develop the commercial value of hemp and hemp products. (2) Disseminate reliable information founded upon the research conducted under ORS 571.400 to 571.501 that shows the value of hemp and hemp prod…

(1)(a) The Oregon Hemp Commission may contract with an independent contractor for the performance of any service, except that the commission may not contract with an independent contractor to perform discretionary functions of the commission. (b) ORS 279.835 to 279.855 and ORS ch…

(1) The Oregon Hemp Commission shall: (a) Adopt a budget, obtain budget approval and submit financial statements in the same manner as a commodity commission acting under ORS 576.416. (b) Receive, deposit, invest, expend and budget moneys in the same manner as a commodity commiss…

(1) Upon request by the Oregon Hemp Commission, the Oregon Department of Administrative Services may: (a) Purchase or otherwise provide for acquiring or furnishing supplies, materials, equipment and services, other than personal services, that the commission requires and for inde…

(1) The Oregon Hemp Commission may elect to provide services, facilities and materials to commodity commissions created under ORS 576.051 to 576.455, the Oregon Wheat Commission, the Oregon Beef Council and other state agencies and officers under ORS 283.110. (2) Upon request by …

ORS 291.026, 291.201 to 291.222, 291.232 to 291.260, 291.322 to 291.334, 292.210 to 292.250, 293.260 to 293.280, 293.295 to 293.346 and 293.590 to 293.640 do not apply to the Oregon Hemp Commission or to the administration and enforcement of ORS 571.400 to 571.501. [2021 c.216 §1…

(1) Wages or salaries of employees of the Oregon Hemp Commission are not subject to personnel compensation plans for state employees established by the Oregon Department of Administrative Services under ORS 240.235 to 240.250. (2) The commission is not required to utilize office …

(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) The Oregon Hemp Commission may: (A) Consistent with the pu…

(1) As used in this section: (a) “Commodity” means hemp. (b) “Industry average unit price” means the average unit price for the raw commodity within the industry and includes prices that are calculated using a one-year, two-year or three-year average and data from the most recent…

(1) The Oregon Hemp Commission may establish by rule exemptions from the assessments described in ORS 571.447 based on: (a) Hemp quantities; (b) Types of hemp sales; (c) Types of hemp producers; and (d) Types of hemp processors. (2) In adopting a rule under subsection (1) of this…

(1) A person responsible for collecting an assessment on behalf of the Oregon Hemp Commission: (a) Shall report to the commission as required by the commission by rule. (b) Who fails to deduct an assessment at the time of sale shall report and pay the assessment to the commission…

(1) When a processor lives, or has the processor’s office, in Oregon, the producer shall report all transfers or sales made to the processor on forms provided by the Oregon Hemp Commission and pay the assessment moneys directly to the commission. (2) When a processor lives, or ha…

(1) A person required to pay or collect an assessment on hemp under ORS 571.400 to 571.501 shall maintain accurate records sufficient to enable the Oregon Hemp Commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports…

(1) In addition to the penalties prescribed in ORS 571.501, a person who delays transmittal of funds beyond the time set by the Oregon Hemp Commission shall pay a penalty of 10 percent of the amount due and one and one-half percent interest per month on the unpaid balance of the …

(1) If a person responsible for the transmittal of assessment moneys to the Oregon Hemp Commission fails to relinquish assessment moneys collected, the person shall pay an amount equal to twice the amount of the unrelinquished assessment moneys. (2) The commission may commence a …

(1) A producer may dispute the amount of an assessment levied against the producer on a unit basis under ORS 571.447 if the total assessment levied against the producer during an assessment period established by the Oregon Hemp Commission by rule exceeds the total dollar value re…

(1)(a) Moneys a person collects or receives from the assessment levied pursuant to ORS 571.447, and other moneys the Oregon Hemp Commission receives, must be paid to the authorized agent of the commission and promptly deposited into an account established by the commission in a d…

(1) A person authorized by the Oregon Hemp Commission to receive or disburse moneys under ORS 571.400 to 571.501 shall obtain a fidelity bond from the Oregon Department of Administrative Services. (2) The bond must be in an amount equal to the maximum amount of moneys that the co…

The Oregon Hemp 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. [2021 c.216 §28] Note: See note under 571.400.

The Oregon Hemp Commission shall maintain accurate books, records and accounts of its dealings. The books, records and accounts of the commission must be open to inspection and audit by the Secretary of State. [2021 c.216 §29] Note: See note under 571.400.

(1) The Oregon Hemp Commission shall adopt an annual budget, using classifications of expenditures and revenues required by ORS 291.206. The budget described in this subsection is not subject to review by the Legislative Assembly or to future modification by the Emergency Board o…

An expenditure of moneys for a fiscal year may not be made or incurred by or under the authority of the Oregon Hemp Commission under ORS 571.400 to 571.501 unless the commission complies with ORS 571.483. [2021 c.216 §31] Note: See note under 571.400.

(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 the Oregon Hemp Commission under ORS 571.400 to 571.501: (a) In excess of the total amount of expenditures estim…

(1) Subject to ORS 571.489 (2), expenditures of moneys for a fiscal year unforeseen at the time the Oregon Hemp Commission budget is prepared may be made or incurred by order of the commission. When an unforeseen expenditure of moneys occurs in a fiscal year, the commissioners mu…

(1) Unless the Legislative Assembly orders a refund pursuant to subsection (2) of this section, if the Legislative Assembly abolishes the Oregon Hemp Commission, any moneys remaining in the possession of the abolished commission on the effective date of the abolishment are transf…

Any sale of hemp by a producer or processor is a sale in commercial channels for the purposes of ORS 571.501. [2021 c.216 §35] Note: See note under 571.400.