Chapter 576 — Chapter 576
187 sections in this chapter.
ORS 576.759 [2003 c.797 §5; 2005 c.22 §405; renumbered 576.862 in 2019]
0.0K chars
[Repealed or reserved.]
ORS 576.760 [1977 c.690 §3; 1983 c.651 §3; 1987 c.804 §4; repealed by 2003 c.797 §28]
0.0K chars
[Repealed or reserved.]
ORS 576.763 [1985 c.117 §2; 2003 c.797 §26; renumbered 576.865 in 2019]
0.0K chars
[Repealed or reserved.]
ORS 576.765 [1977 c.690 §6; 1983 c.651 §5; 1987 c.804 §3; 1997 c.249 §185; repealed by 2003 c.797 §28]
0.0K chars
[Repealed or reserved.]
ORS 576.766 [2003 c.797 §6; 2005 c.22 §406; renumbered 576.868 in 2019]
0.0K chars
[Repealed or reserved.]
ORS 576.768 [2003 c.797 §11; 2005 c.22 §407; 2009 c.762 §88; 2013 c.768 §145b; 2015 c.366 §95; 2015 c.767 §205; renumbered 576.871 in 2019]
0.0K chars
[Repealed or reserved.]
ORS 576.771 [2003 c.797 §8; renumbered 576.874 in 2019]
0.0K chars
[Repealed or reserved.]
ORS 576.775 [2003 c.797 §10; 2005 c.22 §408; renumbered 576.877 in 2019]
0.0K chars
(Other Seeds)
ORS 576.780 Definitions for ORS 576.780 to 576.809. As used in ORS 576.780 to 576.809
2.3K chars
(1) “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 or process. (2)(a) “Other seed,” except as provided in paragraph (b) of this subsection, means seed or a …
ORS 576.783 Terms of seed production contract. (1) The following terms apply to seed production contracts
2.6K chars
(a) If the contract does not settle the price of the other 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 576.786 (1) or (3), payment to the producer is due no later than the earliest of th…
ORS 576.786 Payment due date terms 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 other seed may contain payment due date terms that differ from the payment due date terms described in ORS 576.783 (1)(b) if the contract states the date by which final payment for the other seed is due
1.3K chars
(2) If a seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the other seed does not contain the information required under subsection (1) of this section, notwithstanding any contrary payment due date terms stated in the …
ORS 576.789 Seed bailment contracts and seed purchase contracts; title; lien. (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
0.3K chars
(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. [2018 c.…
ORS 576.792 Terms of seed purchase contract. (1) The terms of a seed purchase contract must include
0.8K chars
(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 other seed to be purchased; and (d) The species, cultivars and quality standards of the other seed to be purchased. (2) If the seed purchase co…
ORS 576.795 Modification of contract; damages for breach. (1) A seed dealer that requests modification to the payment terms of a seed production contract for other seed shall pay an amount equal to at least 25 percent of the value of the contract prior to modification of the contract
0.6K chars
(2) 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. (3) In any a…
ORS 576.798 Seed not meeting contract quality standards. (1) If testing as provided under a seed production contract establishes that other 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 576.792. The price of the seed that is subject to the seed purchase contract shall be
2.0K chars
(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 576.800 [1997 c.9 §1; renumbered 571.350 in 2009]
0.0K chars
[Repealed or reserved.]
ORS 576.802 Failure of seed dealer to make timely payment; fee. (1) If a seed dealer fails to pay a producer for other seed when payment is due under a seed production contract or fails to pay a seed grower for other 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
1.9K chars
(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 576.805 [1997 c.9 §2; renumbered 571.355 in 2009]
0.0K chars
[Repealed or reserved.]
ORS 576.806 Financial assurance by seed dealer. (1) As used in this section
2.1K chars
(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 576.809 Rules; dispute resolution services. (1) The Director of Agriculture may adopt rules for the administration and enforcement of ORS 576.780 to 576.809
0.2K chars
(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. [2018 c.26 §10] Note: See note under 576.780.
ORS 576.810 [1997 c.9 §3; 1999 c.105 §4; renumbered 571.360 in 2009]
0.0K chars
[Repealed or reserved.]
ORS 576.814 Reporting adoption of rules regarding financial assurance by seed dealer. If the State Department of Agriculture adopts a rule described in ORS 576.806 (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. [2018 c.26 §11]
0.0K chars
Note: See note under 576.780.
ORS 576.815 [1997 c.9 §6; renumbered 571.365 in 2009]
0.0K chars
[Repealed or reserved.]
ORS 576.820 [1997 c.9 §4; repealed by 1999 c.105 §3]
0.0K chars
[Repealed or reserved.]
ORS 576.821 [1999 c.105 §2; renumbered 571.370 in 2009]
0.0K chars
OREGON WINE BOARD; WINE CELLAR
ORS 576.850 Definitions for ORS 576.850 to 576.877. As used in ORS 576.850 to 576.877, unless the context requires otherwise
0.5K chars
(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 gr…
ORS 576.853 Legislative findings. The Legislative Assembly finds and declares that
0.8K chars
(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 p…
ORS 576.856 Oregon Wine Board. (1) The Oregon Wine Board is established as a semi-independent state agency subject to ORS 182.456 to 182.472
1.6K chars
(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 …
ORS 576.859 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. [Formerly 576.756]
0.0K chars
[Repealed or reserved.]
ORS 576.862 Board powers. To carry out the purposes specified in ORS 576.850 to 576.877, the Oregon Wine Board may
1.4K chars
(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…
ORS 576.865 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
0.5K chars
(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…
ORS 576.868 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 576.850 to 576.877
0.2K chars
(2) Notwithstanding ORS 182.460 and 576.856 (1), employees of the Oregon Wine Board are not eligible for inclusion within the Public Employees Retirement System. [Formerly 576.766]
ORS 576.871 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
1.4K chars
(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 prepara…
ORS 576.874 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)
1.2K chars
(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 and Cannabis Commission to determine by inspection and audit the accuracy of the taxes paid or due the Oregon Wine Board and of reports made or du…
ORS 576.877 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 576.850 to 576.877. 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. [Formerly 576.775]
0.0K chars
[Repealed or reserved.]
ORS 576.990 [Repealed by 1953 c.119 §2]
0.0K chars
PENALTIES
ORS 576.991 Penalties. (1) Violation of the provisions of ORS 576.024 is a Class B violation
0.5K chars
(2) Violation of any provision of ORS 576.051 to 576.455 is a Class C 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 …