Title 47, Agricultural Marketing and Warehousing

Nothing in ORS 576.006 to 576.022 shall be construed to limit, alter, repeal or duplicate the existing authority and functions of Oregon State University enumerated in ORS 561.362 and full effect shall be given to the provisions of ORS 561.364 and 561.366. The State Department of…

(1) It is necessary for the economy of this state, the livestock industry and the welfare of the consuming public that the department obtain statistical information for economic studies of the livestock industry including the volume of production of livestock in this state; the c…

Oregon State University, acting through the Federal Cooperative Extension Service of the university, shall cooperate with the Agriculture Marketing Service of the United States Department of Agriculture and with the appropriate offices of adjoining states to establish and maintai…

As used in ORS 576.051 to 576.455, unless the context requires otherwise: (1) “Commercial channels” means the sale of the commodity for which a commodity commission is established for use as food, industrial, agricultural or chemurgic use, when sold to any commercial buyer or to …

ORS 576.051 to 576.455 and 576.991 (2) may be known and cited as the Commodity Commission Act. [Formerly 576.015; 1983 c.740 §223; 2011 c.597 §235]

(1) The Legislative Assembly finds that: (a) Commodity industries are vital elements of the state economy. Commodity industries: (A) Are sources of substantial employment for the citizens of this state; (B) Produce needed tax revenues for the support of state and local government…

The following commodity commissions are established as state commissions: (1) The Oregon Dairy Products Commission. (2) The Oregon Hazelnut Commission. (3) The Oregon Dungeness Crab Commission. (4) The Oregon Salmon Commission. (5) The Oregon Albacore Commission. (6) The Oregon S…

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

(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 gr…

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 c…

(1) A member of a commodity commission must, during the term of office of the member: (a) Be a citizen of the United States. (b) Be a bona fide resident of the state. (c) Have an active interest in the positive development and economic growth of the commodity industry in Oregon. …

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 anothe…

(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 pla…

(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, …

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 af…

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 necessar…

A commodity commission may: (1) Appoint all subordinate officers and employees of the commission, prescribe their duties and fix their compensation. (2) Levy assessments under ORS 576.325. (3) Borrow money in amounts that do not exceed estimated revenues from assessments for the …

(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 subsect…

(1) Upon request by a commodity 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 independ…

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 req…

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 e…

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]

(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 commodity commission established under ORS 576.051 to 576.4…

(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. (2) A commodity …

(1) As used in this section, “commodity commission” means a commission established under ORS 576.051 to 576.455. (2) The Legislative Assembly declares that any action taken prior to May 13, 2013, by a commodity commission having one or more members who were not properly qualified…

(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 dat…

(1) A commodity commission may, by rule, establish exemptions from assessment based on: (a) Commodity quantities; (b) Types of commodity sale; and (c) Types of commodity producer. (2) When adopting a rule for exemptions under subsection (1) of this section, a commission must cons…

(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. (2) A person responsible for collecting an assessment for a commission who fails to deduct an assessmen…

(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 commi…

(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 repor…

(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 ba…

(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. (2) A commission may commence a civi…

(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 dolla…

(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 a…

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 ins…

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)]

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]

As used in ORS 576.413 to 576.445, “fiscal year”: (1) Except as provided in subsection (2) of this section, means the 12-month period commencing on July 1 and ending on June 30. (2) If adopted by a commodity commission rule that has taken effect as provided under ORS 576.413, mea…

(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…

(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 Assem…

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]

(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: (a) In excess of the total amount of expenditures estimated…

(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 expen…

(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 transferre…

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] MEDIATION OF MARKETING DISPUTES

As used in ORS 576.610 to 576.650, unless the context requires otherwise: (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. …