Oregon Statutes - Chapter 576 - Agricultural Marketing Generally

• 576.005   [1953 c.489 §1; 1955 c.732 §1; renumbered 576.051]
• 576.006   Definitions for ORS 576.006 to 576.022.
  As used in ORS 576.006 to 576.022: (1) “Department” means the State Department of Agriculture of the State of Oregon. (2) “Farm products” means all...
• 576.009   Agricultural Development Division.
  There is established within the State Department of Agriculture an Agricultural Development Division which shall have the powers and duties conferred by ORS 576.006 to...
• 576.010   [Repealed by 1953 c.119 §2]
• 576.013   Purpose of market development and commodity development services; powers of department; limitations.
  (1) The purpose of the market development service of the Agricultural Development Division shall be to assist in the development of new markets or expand...
• 576.015   [1953 c.489 §37; renumbered 576.053]
• 576.017   [1955 c.572 §4; repealed by 1973 c.794 §34]
• 576.018   [1985 c.623 §2; repealed by 1993 c.742 §60]
• 576.019   Discrimination against any product or dealer prohibited.
  In the performance of duties, under ORS 576.006 to 576.022, no official or employee of the State Department of Agriculture shall discriminate against any farm...
• 576.020   [Repealed by 1953 c.119 §2]
• 576.022   Authority and functions of Oregon State University unaffected; department may seek information from university.
  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...
• 576.024   Department authorized to inspect records and businesses for economic study purposes.
  (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...
• 576.030   [Repealed by 1953 c.119 §2]
• 576.035   Market news service in Klamath Basin, central Oregon and Malheur areas.
  The State Board of Higher Education, acting through the Federal Cooperative Extension Service of Oregon State University, shall cooperate with the Agriculture Marketing Service of...
• 576.040   [Repealed by 1953 c.119 §2]
• 576.041   [1967 c.265 §1; repealed by 1971 c.28 §1]
• 576.043   [1967 c.265 §2; repealed by 1971 c.28 §1]
• 576.044   [1977 c.198 §6; 1985 c.623 §5; 2003 c.604 §§28,29; renumbered 576.066 in 2003]
• 576.045   [1967 c.265 §3; repealed by 1971 c.28 §1]
• 576.047   [1967 c.265 §4; repealed by 1971 c.28 §1]
• 576.049   [1967 c.265 §5; repealed by 1971 c.28 §1]
• 576.050   [Repealed by 1953 c.119 §2]
• 576.051   Definitions for ORS 576.051 to 576.455.
  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...
• 576.053   Short title.
  ORS 576.051 to 576.455 and 576.991 (2) and (3) may be known and cited as the Commodity Commission Act. [Formerly 576.015; 1983 c.740 §223]
• 576.054   Legislative findings.
  (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...
• 576.055   [1953 c.489 §2; subsection (2) formerly part of 576.295; 1957 c.447 §2; 1959 c.596 §2; 1965 c.515 §1; repealed by 2003 c.604 §109]
• 576.060   [Repealed by 1953 c.119 §2]
• 576.062   Establishment of commodity commissions.
  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...
• 576.065   [1953 c.489 §3; 1957 c.447 §3; 1959 c.596 §3; repealed by 2003 c.604 §109]
• 576.066   Department oversight of commodity commissions; rules.
  (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...
• 576.070   [Repealed by 1953 c.119 §2]
• 576.075   [1953 c.489 §4; 1957 c.447 §4; 1959 c.596 §4; repealed by 2003 c.604 §109]
• 576.078   [Formerly part of 576.085; 1959 c.596 §5; repealed by 2003 c.604 §109]
• 576.080   [Repealed by 1953 c.119 §2]
• 576.085   [1953 c.489 §5; 1957 c.447 §5; part renumbered 576.078; 1959 c.596 §6; repealed by 2003 c.604 §109]
• 576.090   [Repealed by 1953 c.119 §2]
• 576.091   [1959 c.596 §72; repealed by 2003 c.604 §109]
• 576.095   [1953 c.489 §6; 1957 c.447 §6; 1959 c.596 §7; repealed by 2003 c.604 §109]
• 576.100   [Repealed by 1953 c.119 §2]
• 576.105   [1953 c.489 §7; repealed by 2003 c.604 §109]
• 576.110   [Repealed by 1953 c.119 §2]
• 576.115   [1953 c.489 §8; 1957 c.447 §7; repealed by 2003 c.604 §109]
• 576.120   [Repealed by 1953 c.119 §2]
• 576.125   [1953 c.489 §9; 1955 c.732 §2; 1957 c.447 §8; repealed by 2003 c.604 §109]
• 576.130   [Repealed by 1953 c.119 §2]
• 576.135   [1953 c.489 §34; 1983 c.438 §1; repealed by 2003 c.604 §109]
• 576.140   [Repealed by 1953 c.119 §2]
• 576.145   [1953 c.489 §35; repealed by 2003 c.604 §109]
• 576.150   [Repealed by 1953 c.119 §2]
• 576.155   [1977 c.526 §2; repealed by 2003 c.604 §109]
• 576.160   [Repealed by 1953 c.119 §2]
• 576.165   [1983 c.688 §2; 1989 c.185 §1; repealed by 2003 c.604 §109]
• 576.170   [Repealed by 1953 c.119 §2]
• 576.171   [1999 c.672 §4; 2001 c.504 §3; repealed by 2003 c.604 §109]
• 576.175   [1989 c.748 §2; 1991 c.894 §1; 1999 c.178 §1; repealed by 2003 c.604 §109]
• 576.180   [Repealed by 1953 c.119 §2]
• 576.190   [Repealed by 1953 c.119 §2]
• 576.200   [Repealed by 1953 c.119 §2]
• 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)]
• 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,...
• 576.210   [Repealed by 1953 c.119 §2]
• 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...
• 576.220   [Repealed by 1953 c.119 §2]
• 576.225   Qualifications of members.
  (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)...
• 576.235   [1953 c.489 §14; 1965 c.515 §2; 1977 c.198 §9; repealed by 2003 c.604 §109]
• 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...
• 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...
• 576.265   Travel and other expenses of members.
  Members, officers and employees of a commodity commission shall receive their actual and necessary travel and other expenses incurred in the performance of their official...
• 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...
• 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...
• 576.295   [1953 c.489 §10; 1955 c.732 §3; part renumbered 576.055; 1959 c.596 §11; repealed by 2003 c.604 §109]
• 576.304   Authority of commodity commissions; rules.
  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...
• 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)]
• 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 any services. However, the commission may not contract with an independent...
• 576.307   Provision of state services to commission.
  (1) Upon request by a commodity commission, the Oregon Department of Administrative Services may: (a) Purchase or otherwise provide for the acquisition or furnishing of...
• 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...
• 576.311   Commission exempt from certain financial administration laws.
  Except as otherwise provided in ORS 576.051 to 576.455, 291.026, 291.201 to 291.222, 291.232 to 291.260, 291.322 to 291.336, 292.210 to 292.250, 293.260 to 293.280,...
• 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....
• 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...
• 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...
• 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,...
• 576.327   Exemptions from assessment; rules.
  (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...
• 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...
• 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...
• 576.350   [1957 c.447 §18; repealed by 1959 c.596 §90]
• 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...
• 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...
• 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...
• 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...
• 576.372   Authority of some commissions to adopt rules authorizing refunds; effect.
  (1) In addition to any refund permitted under ORS 576.325, the Oregon Alfalfa Seed Commission and the Oregon Grains Commission may adopt rules that provide...
• 576.375   Payment of commission moneys to authorized agent; deposits and withdrawals; investments.
  (1) All moneys collected or received by any person from the assessment levied under the authority of ORS 576.325 and all other moneys received by...
• 576.380   [1957 c.447 §16; repealed by 1959 c.596 §90]
• 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...
• 576.390   [1957 c.447 §15; repealed by 1959 c.596 §90]
• 576.391   [1959 c.596 §73; repealed by 2003 c.604 §10 (576.392 enacted in lieu of 576.391)]
• 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...
• 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...
• 576.405   [1953 c.489 §36; repealed by 2003 c.604 §109]
• 576.410   “Fiscal year” defined.
  As used in ORS 576.416 to 576.445, “fiscal year” means the fiscal year commencing on July 1 and ending on June 30. [1959 c.596 §21]
• 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)]
• 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...
• 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...
• 576.425   [1959 c.596 §25; repealed by 2003 c.604 §109]
• 576.430   [1959 c.596 §26; 1977 c.198 §13; 1993 c.98 §19; repealed by 2003 c.604 §109]
• 576.435   [1959 c.596 §27; 2003 c.734 §17; repealed by 2003 c.604 §109]
• 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...
• 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...
• 576.450   [1959 c.596 §30; repealed by 2003 c.604 §109]
• 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...
• 576.505   [1953 c.489 §31; 1957 c.447 §21; 1959 c.596 §77; repealed by 2003 c.604 §109]
• 576.515   [1953 c.489 §32; repealed by 1959 c.596 §90]
• 576.525   [1953 c.489 §33; repealed by 2003 c.604 §109]
• 576.555   [1959 c.596 §78; 1965 c.515 §7; 1977 c.198 §15; 2001 c.504 §5; repealed by 2003 c.604 §109]
• 576.565   [1959 c.596 §79; repealed by 2003 c.604 §109]
• 576.570   [1965 c.515 §6; 1977 c.198 §16; repealed by 2003 c.604 §109]
• 576.575   [1959 c.596 §80; repealed by 2003 c.604 §109]
• 576.578   [1971 c.486 §2; 1987 c.180 §1; 1993 c.281 §1; repealed by 2003 c.604 §109]
• 576.580   [1971 c.486 §3; 1987 c.180 §2; 1993 c.281 §2; repealed by 2003 c.604 §109]
• 576.582   [1971 c.486 §4; 1993 c.281 §3; repealed by 2003 c.604 §109]
• 576.584   [1971 c.486 §5; repealed by 2003 c.604 §109]
• 576.585   [1965 c.211 §2; repealed by 2003 c.604 §109]
• 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...
• 576.610   Definitions for ORS 576.610 to 576.650.
  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...
• 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...
• 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,...
• 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]
• 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...
• 576.700   Definitions for ORS 576.700 to 576.710.
  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...
• 576.705   Processors required to pay for commodities within 30 days after delivery; interest on late payments.
  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...
• 576.710   Applicability of ORS 576.705.
  ORS 576.705 does not apply to any processor: (1) Who purchases from a producer seed that requires cleaning and germination tests; or (2) Of sugar...
• 576.725   Definitions for ORS 576.725 and 576.727.
  As used in this section and ORS 576.727: (1) “Final payment date” means a date specified in a seed production or purchase contract by which...
• 576.727   Seed production or purchase contracts.
  (1) A seed production or purchase contract must require the wholesale seed dealer to make payment to the seed grower within 30 days after seed...
• 576.750   Definitions for ORS 576.750 to 576.775.
  As used in ORS 576.750 to 576.775, unless the context requires otherwise: (1) “Grape product” means any juice, must, concentrate or extract made from vinifera...
• 576.751   Legislative findings.
  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...
• 576.753   Oregon Wine Board.
  (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...
• 576.755   [1977 c.690 §2; 1983 c.651 §2; 1987 c.804 §2; repealed by 2003 c.797 §28]
• 576.756   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...
• 576.759   Board powers.
  To carry out the purposes specified in ORS 576.750 to 576.775, the Oregon Wine Board may: (1) Appoint officers and enter into agreements with consultants,...
• 576.760   [1977 c.690 §3; 1983 c.651 §3; 1987 c.804 §4; repealed by 2003 c.797 §28]
• 576.763   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...
• 576.765   [1977 c.690 §6; 1983 c.651 §5; 1987 c.804 §3; 1997 c.249 §185; repealed by 2003 c.797 §28]
• 576.766   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 576.750 to...
• 576.768   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...
• 576.771   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...
• 576.775   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...
• 576.800   Definitions.
  As used in ORS 576.800 to 576.810: (1) “Cultivated ginseng” means ginseng that is growing or has been grown in tilled beds under the shade...
• 576.805   License required; prohibitions.
  (1) No person shall engage in the activity of a grower or dealer of ginseng without first having obtained a license therefor from the State...
• 576.810   Rules; fees.
  In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, by rule, shall establish a licensing system for persons who...
• 576.815   Revocation or suspension of license; civil penalty; rules.
  (1) The State Department of Agriculture may revoke, suspend, deny or refuse to renew any grower or dealer a license if the department finds the...
• 576.820   [1997 c.9 §4; repealed by 1999 c.105 §3]
• 576.821   Disposition of fee moneys.
  The State Treasurer shall deposit all moneys received by the State Department of Agriculture under ORS 576.805 and 576.810 into the Department of Agriculture Service...
• 576.990   [Repealed by 1953 c.119 §2]
• 576.991   Penalties.
  (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 punishable,...

Last modified: August 7, 2008