Chapter 576 — Chapter 576
187 sections in this chapter.
ORS 576.413 Adoption of calendar year as fiscal year. (1) A commodity commission may adopt a rule allowing the commission to operate using a fiscal year that begins January 1 and ends December 31 each year. A commission shall consult with the Director of Agriculture and the Department of Justice prior to adopting a rule described in this section. A rule described in this section may not take effect unless
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(a) The commission obtains any necessary approvals from taxing authorities to use a fiscal year that begins January 1 and ends December 31 when reporting information; (b) The commission submits a recommendation regarding any plans and projects for the transition period of July 1 …
ORS 576.415 [1959 c.596 §§22, 23; 1977 c.198 §12; 1993 c.98 §18; repealed by 2003 c.604 §13 (576.416 enacted in lieu of 576.415)]
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[Repealed or reserved.]
ORS 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
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(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 budge…
ORS 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]
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[Repealed or reserved.]
ORS 576.425 [1959 c.596 §25; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.430 [1959 c.596 §26; 1977 c.198 §13; 1993 c.98 §19; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.435 [1959 c.596 §27; 2003 c.734 §17; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 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
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(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 th…
ORS 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
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(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, …
ORS 576.450 [1959 c.596 §30; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 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 benefiting producers of the commodity that was subject to assessment by the abolished commission
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(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 commo…
ORS 576.505 [1953 c.489 §31; 1957 c.447 §21; 1959 c.596 §77; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.515 [1953 c.489 §32; repealed by 1959 c.596 §90]
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[Repealed or reserved.]
ORS 576.525 [1953 c.489 §33; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.555 [1959 c.596 §78; 1965 c.515 §7; 1977 c.198 §15; 2001 c.504 §5; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.565 [1959 c.596 §79; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.570 [1965 c.515 §6; 1977 c.198 §16; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.575 [1959 c.596 §80; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.578 [1971 c.486 §2; 1987 c.180 §1; 1993 c.281 §1; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.580 [1971 c.486 §3; 1987 c.180 §2; 1993 c.281 §2; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.582 [1971 c.486 §4; 1993 c.281 §3; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.584 [1971 c.486 §5; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 576.585 [1965 c.211 §2; repealed by 2003 c.604 §109]
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[Repealed or reserved.]
ORS 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). [1965 c.211 §1; 2003 c.604 §49; 2011 c.597 §236]
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MEDIATION OF MARKETING DISPUTES
ORS 576.610 Definitions for ORS 576.610 to 576.650. As used in ORS 576.610 to 576.650, unless the context requires otherwise
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(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 …
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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PAYMENT FOR AGRICULTURAL COMMODITIES (Generally)
ORS 576.700 Definitions for ORS 576.700 to 576.710. As used in ORS 576.700 to 576.710
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(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 mar…
ORS 576.705 Processors required to pay for commodities within 30 days after delivery; interest on late payments. Notwithstanding any other provision of law
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(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 pa…
ORS 576.710 Applicability of ORS 576.705. ORS 576.705 does not apply to any processor
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(1) That purchases from a producer seed that requires cleaning and germination tests; (2) That arranges for the production of agricultural seed under a contract that is subject to ORS 576.718 or 576.721; (3) Of sugar beets whose contract with a producer for sale of the crop provi…
ORS 576.715 Definitions for ORS 576.715 to 576.744. As used in ORS 576.715 to 576.744
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(1) “Agricultural seed” means grass seed of a type commonly sold for use in turf lawns or as forage seed. (2) “Authenticate” means: (a) To sign; or (b) With present intent to adopt or accept a record, to attach to or logically associate with the record an electronic sound, symbol…
ORS 576.718 Seed production contract terms. (1) The following terms apply to seed production contracts
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(a) If the contract does not settle the price of the agricultural seed, the contract is enforceable and the price shall be determined as described in ORS 72.3050 (1) to (3). (b) Except as provided in ORS 576.721 (1) or (3), payment to the producer is due no later than the earlies…
ORS 576.721 Payment due date provisions in contracts authenticated prior to planting. (1) A seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the agricultural seed may contain payment due date terms that differ from the payment due date terms described in ORS 576.718 (1)(b) if the contract
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(a) Provides for the price of the seed to be determined no later than March 15 of the calendar year following harvesting of the seed; (b) Requires the seed dealer to make a partial payment no later than March 15 of the calendar year following harvesting of the seed that is at lea…
ORS 576.725 [2001 c.265 §1; repealed by 2011 c.356 §18]
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[Repealed or reserved.]
ORS 576.726 Title; bailments; liens. (1) A seed bailment contract or seed purchase contract does not create a possessory security interest in goods under ORS chapter 79A. For a seed bailment contract, filing, recording or notice of the contract is not a requirement for establishing, during the term of the contract, the validity of the contract or for establishing and confirming in the seed dealer the title to all seed, seed stock and plant life grown or used by the producer under the terms of the contract
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(2) Payments due from a seed dealer to a producer under the terms of a seed bailment contract, or due to a seed grower under the terms of a seed purchase contract, are subject to lien under ORS 87.226 and to security interests perfected as provided under ORS chapter 79A. [2011 c.…
ORS 576.727 [2001 c.265 §2; repealed by 2011 c.356 §18]
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[Repealed or reserved.]
ORS 576.729 Seed purchase contract terms. (1) The terms of a seed purchase contract must include
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(a) The estimated date for seed delivery; (b) The terms and estimated date for the seed dealer to pay the seed grower; (c) The amount of grass seed to be purchased; and (d) The species, cultivars and quality standards of the grass seed to be purchased. (2) If the seed purchase co…
ORS 576.732 Contract modification; damages for breach. (1) A party to a seed production contract or seed purchase contract may not, as a condition of performance, require the other party to agree to a material modification of the contract. A contract modification obtained in violation of this subsection is unenforceable
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(2) In any action to recover damages for breach of a seed production contract or seed purchase contract, if the court finds that a party to the contract failed to act in good faith as defined in ORS 71.2010, the court may award the prevailing party court costs and reasonable atto…
ORS 576.735 Seed not meeting quality standards. (1) If testing as provided under a seed production contract establishes that agricultural seed does not meet the quality standards set forth in the contract, the producer may at any time send the test results to the seed dealer and inquire whether the seed dealer intends to purchase the seed. If, within 30 days after the seed dealer receives the test results and inquiry from the producer, the seed dealer delivers a response informing the producer that the seed dealer intends to purchase the seed, the response is an accord that forms a seed purchase contract for the seed purchased under this subsection. Except as provided in this subsection regarding price, the parties may establish the terms of the seed purchase contract as provided under ORS 576.729. The price of the seed that is subject to the seed purchase contract shall be
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(a) Any price stated in the seed production contract for seed not meeting quality standards; (b) If not determined by the seed production contract, any price agreed to by the parties; or (c) If not determined by the seed production contract or by agreement, the market price for s…
ORS 576.738 Seed dealer failure to timely make payment; fee. (1) If a seed dealer fails to pay a producer for agricultural seed when payment is due under a seed production contract or fails to pay a seed grower for grass seed when payment is due under a seed purchase contract, the producer or seed grower may notify the State Department of Agriculture. Upon notification by a producer or seed grower, the department shall determine whether payment has been made when due. If the department determines that the seed dealer has not made a payment that is due under a seed production contract or seed purchase contract, the department shall notify the seed dealer in writing that the dealer has 30 days to pay the producer or 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
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(2) A seed production contract or seed purchase contract may not vary the terms of the remedy provided by this section. A seed dealer may appeal the notice given by the department under this section as provided in ORS chapter 183. This section does not prevent a producer or seed …
ORS 576.741 Seed dealer financial assurance; rules; license refusal; agents. (1) As used in this section
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(a) “Officer” means any of the following individuals: (A) A president, vice president, secretary, treasurer or director of a corporation. (B) A general partner in a limited partnership. (C) A manager in a manager-managed limited liability company. (D) A member of a member-managed…
ORS 576.744 Rules; mediation services. (1) The Director of Agriculture may adopt rules for the administration and enforcement of ORS 576.715 to 576.744
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(2) The director may make mediation services available through the State Department of Agriculture for the resolution of seed production contract disputes and seed purchase contract disputes. [2011 c.356 §10] Note: See note under 576.715.
ORS 576.747 Reporting adoption of rules regarding dealer financial assurance. If the State Department of Agriculture adopts a rule described in ORS 576.741 (2), the department shall report to the next regular session of the Legislative Assembly following the rule adoption regarding the contents of the rule and the matters considered by the department in developing the rule. [2011 c.356 §13]
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Note: See note under 576.715.
ORS 576.750 [1977 c.690 §1; 1983 c.651 §1; 1995 c.301 §32; 2003 c.797 §25; 2005 c.22 §404; renumbered 576.850 in 2019]
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[Repealed or reserved.]
ORS 576.751 [2003 c.797 §2; renumbered 576.853 in 2019]
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[Repealed or reserved.]
ORS 576.753 [2003 c.797 §3; renumbered 576.856 in 2019]
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[Repealed or reserved.]
ORS 576.755 [1977 c.690 §2; 1983 c.651 §2; 1987 c.804 §2; repealed by 2003 c.797 §28]
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[Repealed or reserved.]
ORS 576.756 [2003 c.797 §7; renumbered 576.859 in 2019]
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[Repealed or reserved.]