Oregon Statutes - Chapter 583 - Milk Marketing, Production and Distribution - Section 583.126 - Producersí complaints; handlersí unfair practices; remedies.

(1) Producers have the right as set out in but not limited to the provisions of ORS 583.086, either individually or through agents, to file with the State Department of Agriculture information, facts, figures and material relating to the handling of their milk, the audits thereof and practices or problems which may affect such milk or payment therefor, under the provisions of ORS 583.007, 583.016 and 583.046 to 583.166.

(2) No handler shall engage in any of the following unfair practices:

(a) Interfere with, restrain or coerce producers in the exercise of their rights under subsection (1) of this section.

(b) Terminate an agreement or threaten to terminate an agreement relating to handling or sale of milk or payment therefor, or refuse to accept milk from a producer because such producer has exercised rights and privileges as set out under subsection (1) of this section.

(3) The department, as authorized by ORS 583.007, 583.016 and 583.046 to 583.166, shall, in the course of auditing, review and investigate all unfair practices as provided by subsection (2) of this section coming to its attention and shall in audit or reaudit findings make a finding of fact and a determination relative to such practices. Such audit findings shall be subject to review and appeal by producers and handlers as otherwise provided in ORS 583.007, 583.016 and 583.046 to 583.166.

(4) In addition to other remedies provided by ORS 583.007, 583.016 and 583.046 to 583.166 or other law, any producer injured by any violation of the provisions of this section may maintain an action for damages in a circuit court. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1961 c.638 §14; 1981 c.897 §67; 1995 c.618 §88]

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Last modified: August 7, 2008