Title 47, Agricultural Marketing and Warehousing

As used in ORS 576.700 to 576.710: (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 purp…

Notwithstanding any other provision of law: (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 commo…

ORS 576.705 does not apply to any processor: (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 contra…

As used in ORS 576.715 to 576.744: (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…

(1) The following terms apply to seed production contracts: (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 (…

(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: (a) Provides f…

(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, …

(1) The terms of a seed purchase contract must include: (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…

(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. (2) In any a…

(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 purch…

(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 …

(1) As used in this section: (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)…

(1) The Director of Agriculture may adopt rules for the administration and enforcement of ORS 576.715 to 576.744. (2) The director may make mediation services available through the State Department of Agriculture for the resolution of seed production contract disputes and seed pu…

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 de…

As used in ORS 576.780 to 576.809: (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) o…

(1) The following terms apply to seed production contracts: (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), pay…

(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 whi…

(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, …

(1) The terms of a seed purchase contract must include: (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…

(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. (2) A party to a seed production contract or seed pu…

(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…

(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 Agricul…

(1) As used in this section: (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)…

(1) The Director of Agriculture may adopt rules for the administration and enforcement of ORS 576.780 to 576.809. (2) The director may make mediation services available through the State Department of Agriculture for the resolution of seed production contract disputes and seed pu…

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 de…

As used in ORS 576.850 to 576.877, unless the context requires otherwise: (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 471.00…

The Legislative Assembly finds and declares that: (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 ru…

(1) The Oregon Wine Board is established as a semi-independent state agency subject to ORS 182.456 to 182.472. (2) The board shall consist of nine members appointed by the Governor. In making appointments, the Governor shall consider nominations or recommendations made by organiz…

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 mak…

To carry out the purposes specified in ORS 576.850 to 576.877, the Oregon Wine Board may: (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…

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: (1) Held as standards to compare against other wines to develop an…

(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. (2) Notwithstanding ORS 182.460 and 576.856 (1), employees of the Oregon Wine Board are not eligible for inclusion wi…

(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 bienni…

(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). (2) A person or winery required to pay a tax unde…

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 car…

(1) Violation of the provisions of ORS 576.024 is a Class B violation. (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; s…

As used in this chapter, unless the context requires otherwise: (1) “Beef” includes veal. (2) “Council” means the Oregon Beef Council. (3) “Department” means the State Department of Agriculture. (4) “Director” means the Director of Agriculture. (5) “Fiscal year” means the fiscal …

(1) It is hereby declared, as a matter of legislative determination, that this chapter is enacted in the exercise of the power of this state for the purposes of protecting and furthering the public health and welfare. It is further declared that the cattle industry of this state …

(1) The State Department of Agriculture shall: (a) Monitor the practices or methods used or proposed for use by the Oregon Beef Council in carrying out the goals and needs disclosed by the budget of the council; (b) Promote cooperation among the council, commodity commissions and…

(1) As used in this section: (a) “Beef producers” means persons who raise, breed or grow cattle or calves for beef production. (b) “Dairy producers” means persons engaged in the production on a dairy farm of fluid milk. (c) “Handler” means a person actively engaged in the process…

Each member of the Oregon Beef Council shall have the following qualifications which shall continue during a term of office: (1) Each shall be a citizen of the United States. (2) Each shall be a bona fide resident of the state. (3) Each shall have demonstrated through membership …

(1) The Director of Agriculture shall appoint members on the Oregon Beef Council, as far as practicable and possible, from the various geographical areas of the state. (2) Upon the expiration of the term of a member of the council, a successor shall be appointed for a term of thr…

The Director of Agriculture shall immediately declare the office of any member of the Oregon Beef Council vacant whenever the director finds that: (1) The member no longer is actively engaged in the type of beef or dairy production or business the member was engaged in at the tim…

(1) The Director of Agriculture may remove any member of the Oregon Beef Council for inefficiency, neglect of duty or misconduct in office, after a public hearing thereon and after serving upon the member a copy of the charges against the member, together with a notice of the tim…

Members, officers and employees of the Oregon Beef Council may receive their actual and necessary travel and other expenses incurred in the performance of their official duties. The council shall adopt uniform and reasonable regulations governing the incurring and paying of such …

(1) The Oregon Beef Council shall establish a meeting place anywhere within this state, but the selection of the location shall be guided by consideration for the convenience of the majority of those most likely to have business with the council or be affected by the acts of the …