(1)(a) The Oregon Wheat Commission may assess, levy and collect an assessment, the amount of which the commission shall determine, on all units of wheat grown or produced in this state and sold in commercial channels. The commission may not apply an assessment to any transaction that occurred prior to the date that the commission order assessing the assessment was entered.
(b) The commission may assess, levy and collect a differential assessment, the amount of which the commission shall determine, based on the intended use, type or variety of wheat.
(c) All casual sales of wheat made by the producer direct to the consumer are exempt from the assessment.
(d) The commission may, by rule, define and regulate handling, processing and casual sales.
(2) The commission shall assess and levy an assessment under subsection (1) of this section to the producer at the time and in the manner prescribed by the commission by rule. The commission is the owner of a collected assessment. A person who collects an assessment holds the assessment in trust for the benefit of the commission and the state and shall remit the assessment in the time and manner prescribed by the commission by rule. The assessment shall be deducted as provided by this section whether the wheat is stored in this or another state.
(3) A lienholder who possesses wheat under the lien shall deduct the assessment from the proceeds of the claim secured by the lien when the wheat is pledged or mortgaged.
(4) Notwithstanding subsection (2) of this section, the commission may assess and levy an assessment and collect an assessment from a first purchaser at the time and in the manner prescribed by the commission by rule.
(5) A person who believes that the amount of an assessment is incorrect may apply to the commission within 60 days after paying the assessment for a refund of the excess amount paid.
(6) An assessment under this section is a lien on the wheat and has priority over other liens or encumbrances on the wheat except liens created by a statute of this state.
(7) The commission may, by rule, establish exemptions from assessment based on:
(a) Wheat quantities;
(b) Types of wheat sale; and
(c) Types of wheat producer. [2003 c.604 §76 (enacted in lieu of 578.210)]
Section: Previous 578.151 578.160 578.170 578.180 578.181 578.190 578.210 578.211 578.216 578.220 578.230 578.240 578.250 578.251 578.990 NextLast modified: August 7, 2008