Chapter 576 — Chapter 576

ORS 576.160 [Repealed by 1953 c.119 §2]

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ORS 576.165 [1983 c.688 §2; 1989 c.185 §1; repealed by 2003 c.604 §109]

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ORS 576.170 [Repealed by 1953 c.119 §2]

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ORS 576.171 [1999 c.672 §4; 2001 c.504 §3; repealed by 2003 c.604 §109]

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ORS 576.175 [1989 c.748 §2; 1991 c.894 §1; 1999 c.178 §1; repealed by 2003 c.604 §109]

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ORS 576.180 [Repealed by 1953 c.119 §2]

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ORS 576.190 [Repealed by 1953 c.119 §2]

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ORS 576.200 [Repealed by 1953 c.119 §2]

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ORS 576.205 [1953 c.489 §11; 1957 c.447 §9; 1959 c.596 §8; 1977 c.198 §8; repealed by 2003 c.604 §3 (576.206 enacted in lieu of 576.205)]

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ORS 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

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ORS 576.210 [Repealed by 1953 c.119 §2]

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ORS 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]

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ORS 576.220 [Repealed by 1953 c.119 §2]

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ORS 576.225 Qualifications of members; changes in commission composition; rules. (1) A member of a commodity commission must, during the term of office of the member

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ORS 576.235 [1953 c.489 §14; 1965 c.515 §2; 1977 c.198 §9; repealed by 2003 c.604 §109]

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ORS 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]

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ORS 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

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ORS 576.265 Travel and other expenses of members; per diem; rules. (1) A commodity commission may adopt rules establishing the amount of payment that a member of the commission receives under ORS 292.495 (1) for each day or portion of a day during which the member is actually engaged in the performance of official duties. The amount may exceed, but not be less than, the amount of payment that would otherwise be provided under ORS 292.495 (1)

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ORS 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]

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ORS 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]

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ORS 576.295 [1953 c.489 §10; 1955 c.732 §3; part renumbered 576.055; 1959 c.596 §11; repealed by 2003 c.604 §109]

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ORS 576.304 Authority of commodity commissions; rules. A commodity commission may

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ORS 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)]

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ORS 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 administrator or other services. However, the commission may not contract with an independent contractor to perform the discretionary functions of the commission. As used in this subsection, “discretionary functions” does not include collecting assessments, scheduling meetings, processing payments or other administrative duties, tasks or projects assigned by the commodity commission. ORS 279.835 to 279.855 and ORS chapters 240, 279A, 279B and 279C do not apply to the commission in obtaining services under this subsection, except that a contract for such services may not take effect until approved by the State Department of Agriculture as provided in subsection (6) of this section

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ORS 576.307 Provision of state services to commission. (1) Upon request by a commodity commission, the Oregon Department of Administrative Services may

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ORS 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]

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ORS 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, 291.232 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 a commodity commission or to the administration and enforcement of ORS 576.051 to 576.455. [1959 c.596 §34; 2005 c.22 §398]

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ORS 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]

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ORS 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

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ORS 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

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ORS 576.322 Legislative ratification of prior actions, rules and appointments. (1) As used in this section, “commodity commission” means a commission established under ORS 576.051 to 576.455

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ORS 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

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ORS 576.327 Exemptions from assessment; rules. (1) A commodity commission may, by rule, establish exemptions from assessment based on

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ORS 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

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ORS 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

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ORS 576.350 [1957 c.447 §18; repealed by 1959 c.596 §90]

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 576.372 [2003 c.604 §22; 2003 c.604 §23; 2007 c.55 §3; 2011 c.181 §5; repealed by 2023 c.44 §4]

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ORS 576.375 Payment of commission moneys to authorized agent; financial transactions. (1) Moneys a person collects or receives from the assessment levied under the authority of ORS 576.325 and other moneys a commodity commission receives must be paid to the authorized agent of the commission and promptly deposited into an account established by the commission in accordance with ORS 295.001 to 295.108. All moneys in the account are continuously appropriated to the commission that makes the deposit for the purpose of carrying out the commission’s duties, functions and powers

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ORS 576.380 [1957 c.447 §16; repealed by 1959 c.596 §90]

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ORS 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]

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ORS 576.390 [1957 c.447 §15; repealed by 1959 c.596 §90]

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ORS 576.391 [1959 c.596 §73; repealed by 2003 c.604 §10 (576.392 enacted in lieu of 576.391)]

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ORS 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)]

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ORS 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]

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ORS 576.405 [1953 c.489 §36; repealed by 2003 c.604 §109]

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ORS 576.410 “Fiscal year” defined. As used in ORS 576.413 to 576.445, “fiscal year”

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