Oregon Statutes - Chapter 583 - Milk Marketing, Production and Distribution

• 583.001   Short title; enforcement.
  The provisions of this chapter, which shall be designated as the Milk Audit and Stabilization Act, are combined and are hereby declared to be one...
• 583.002   [1963 c.442 §28; repealed by 1967 c.440 §26]
• 583.004   Use of fees in enforcement of chapter; poundage fee under ORS 583.046 increased.
  (1) The fees in ORS 583.166, are continuously appropriated to the State Department of Agriculture for the purpose of administering and enforcing the provisions of...
• 583.005   [1957 c.719 §1; repealed by 1961 c.638 §20]
• 583.006   [1961 c.638 §2; repealed by 1967 c.440 §1 (583.007 enacted in lieu of 583.006)]
• 583.007   Definitions.
  As used in this chapter, unless the context requires otherwise: (1) “Classification” means the classification of all Grade A and Grade B milk into classes...
• 583.009   [1967 c.440 §14; repealed by 1977 c.307 §19]
• 583.010   [Amended by 1953 c.712 §4; repealed by 1955 c.1 §1]
• 583.015   [1957 c.719 §3; repealed by 1961 c.638 §20]
• 583.016   Purpose; construction.
  (1) Whereas, the production, sale and distribution of milk and milk products in this state are attended with conditions adversely affecting milk producers, handlers and...
• 583.020   [Repealed by 1955 c.1 §1]
• 583.021   Exemption of certain producer-handlers.
  Notwithstanding other provisions to the contrary, a producer-handler owning or maintaining less than 26 dairy cows, who does not purchase bulk, bottled or packaged milk,...
• 583.025   [1957 c.719 §4; repealed by 1961 c.638 §20]
• 583.026   [Subsection (1) of 1963 Replacement Part enacted as 1961 c.638 §3; subsection (2) of 1963 Replacement Part enacted as last sentence of 1961 c.638 §13; repealed by 1967 c.440 §26]
• 583.028   Application of audit, pooling, equalization and quota provisions.
  (1) Notwithstanding other provisions of this chapter to the contrary, the following wording and provisions relate and apply to each applicable section of law prescribed...
• 583.030   [Repealed by 1955 c.1 §1]
• 583.035   [1957 c.719 §8; repealed by 1961 c.638 §20]
• 583.036   [1961 c.638 §4; repealed by 1967 c.440 §26]
• 583.040   [Repealed by 1955 c.1 §1]
• 583.045   [1957 c.719 §9; repealed by 1961 c.638 §20]
• 583.046   Poundage fee on Grade A milk; hearing on increase or decrease.
  (1) Each first handler in Oregon of Grade A milk shall pay to the State Department of Agriculture a poundage fee of not more than...
• 583.050   [Repealed by 1955 c.1 §1]
• 583.055   [1957 c.719 §10; repealed by 1961 c.638 §20]
• 583.056   Penalty for late payment of fee; lien for unpaid fees and penalties; legal proceedings.
  (1) In addition to other penalties prescribed by ORS 583.007, 583.016 and 583.046 to 583.166, any handler who delays transmittal of payment of fees as...
• 583.060   [Repealed by 1955 c.1 §1]
• 583.065   [1953 c.590 §2; repealed by 1955 c.1 §1]
• 583.066   [1961 c.638 §§8,9; repealed by 1967 c.440 §26]
• 583.070   [Repealed by 1955 c.1 §1]
• 583.075   [1957 c.719 §2; repealed by 1961 c.638 §20]
• 583.076   Auditing handlers’ records.
  The State Department of Agriculture shall cause an audit to be made at least once each year, and at such other times as it deems...
• 583.080   [Repealed by 1955 c.1 §1]
• 583.085   [1957 c.719 §11; repealed by 1961 c.638 §20]
• 583.086   Review of audit; filing additional information; when departmental findings final.
  (1) After an audit has been completed as authorized by ORS 583.007, 583.016 and 583.046 to 583.166, the State Department of Agriculture shall first review...
• 583.090   [Repealed by 1955 c.1 §1]
• 583.095   [1957 c.719 §12; repealed by 1961 c.638 §20]
• 583.096   Judicial review of audit findings.
  (1) A judicial review of the audit findings of the State Department of Agriculture, as provided by this section, shall be permitted only after any...
• 583.100   [Amended by 1953 c.712 §4; repealed by 1955 c.1 §1]
• 583.105   [1957 c.719 §5; 1961 c.425 §5; repealed by 1961 c.638 §20]
• 583.106   Proceedings to compel handler to make payments or produce information; appeal.
  (1) The State Department of Agriculture shall file an injunction action in the circuit court for the county in which the handler or person resides...
• 583.110   [Amended by 1953 c.712 §4; repealed by 1955 c.1 §1]
• 583.115   [1957 c.719 §6; repealed by 1961 c.638 §20]
• 583.116   Remedies after court approval of departmental findings.
  If the court, as provided by ORS 583.096 or 583.106, affirms or modifies findings of the State Department of Agriculture that a handler owes moneys...
• 583.120   [Repealed by 1955 c.1 §1]
• 583.125   [1957 c.719 §7; repealed by 1961 c.638 §20]
• 583.126   Producers’ complaints; handlers’ 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...
• 583.130   [Repealed by 1955 c.1 §1]
• 583.135   [1957 c.719 §13; repealed by 1961 c.638 §20]
• 583.136   Temporary injunction against handler.
  Notwithstanding other provisions of ORS 583.007, 583.016 and 583.046 to 583.166, if the State Department of Agriculture has reason to believe that any handler or...
• 583.140   [Repealed by 1955 c.1 §1]
• 583.145   [1957 c.719 §14; repealed by 1961 c.638 §20]
• 583.146   Attorney fees.
  In legal proceedings filed under ORS 583.096, 583.106 or 583.136, the court may award reasonable attorney fees to the prevailing party. Any attorney fees awarded...
• 583.150   [Repealed by 1955 c.1 §1]
• 583.155   [1957 c.719 §15; repealed by 1961 c.638 §20]
• 583.156   Finality of payment required under ORS 583.007 to 583.166; exceptions.
  When, as a result of audit findings by the State Department of Agriculture, legal action or other provisions of ORS 583.007, 583.016 and 583.046 to...
• 583.160   [Repealed by 1955 c.1 §1]
• 583.165   [1953 c.274 §2; repealed by 1955 c.1 §1]
• 583.166   Disposition of fees.
  The State Department of Agriculture shall deposit all fees paid under ORS 583.046 to 583.166 in the State Treasury to the credit of the Department...
• 583.170   [Repealed by 1955 c.1 §1]
• 583.175   [1957 c.719 §16; repealed by 1961 c.638 §20]
• 583.180   [Amended by 1953 c.712 §4; repealed by 1955 c.1 §1]
• 583.190   [Repealed by 1955 c.1 §1]
• 583.200   [Repealed by 1955 c.1 §1]
• 583.310   [Repealed by 1955 c.1 §1]
• 583.320   [Repealed by 1955 c.1 §1]
• 583.330   [Amended by 1953 c.712 §4; repealed by 1955 c.1 §1]
• 583.340   [Repealed by 1955 c.1 §1]
• 583.350   [Repealed by 1955 c.1 §1]
• 583.360   [Repealed by 1955 c.1 §1]
• 583.370   [Repealed by 1955 c.1 §1]
• 583.380   [Repealed by 1955 c.1 §1]
• 583.390   [Repealed by 1955 c.1 §1]
• 583.400   [Repealed by 1955 c.1 §1]
• 583.405   [1963 c.442 §2; repealed by 1967 c.440 §26]
• 583.410   Purpose; construction.
  (1) The production, processing, distribution and sale of fluid milk for human consumption are attended by conditions which adversely affect the general welfare and result...
• 583.415   Application as to interstate commerce.
  No provision of ORS 583.001, 583.004, 583.021, 583.028 and 583.410 to 583.565 shall apply or be construed to apply to interstate commerce except to the...
• 583.420   [1963 c.442 §24; repealed by 1967 c.440 §26]
• 583.425   Administrative proceedings and orders.
  (1) Except as provided by subsection (2) of this section, the provisions of ORS chapter 183 apply to ORS 583.001, 583.004, 583.021, 583.028 and 583.410...
• 583.430   Joint hearings and agreements with other states and federal government.
  In order to facilitate the carrying out of provisions and purposes of ORS 583.001, 583.004, 583.021, 583.028 and 583.410 to 583.565, the State Department of...
• 583.440   License required of handlers and producer-handlers; other licenses.
  (1) Beginning 30 days after June 4, 1963, no person shall engage in business as a handler or producer-handler within this state unless such person...
• 583.445   Application for license.
  Application for a license required by ORS 583.440 (1) which shall be made upon forms furnished by the State Department of Agriculture, shall be accompanied...
• 583.447   License form; reissuance.
  (1) After the State Department of Agriculture receives an application for a license as required under ORS 583.445 and after it has been furnished sufficient...
• 583.450   Denial, suspension or revocation of license.
  The State Department of Agriculture as authorized by ORS chapter 183 may decline to grant a license required by ORS 583.440 (1) or may suspend...
• 583.455   Licensees to keep records and make reports regarding milk.
  (1) Each licensee shall keep books and records prescribed by the State Department of Agriculture showing: (a) The quantity of all milk received or produced,...
• 583.457   Licensee to notify department upon termination of business.
  (1) Holders of licenses issued under ORS 583.440 shall in writing notify the State Department of Agriculture when they cease doing business thereunder, or when...
• 583.459   [1967 c.440 §3; repealed by 1977 c.307 §19]
• 583.461   [1967 c.440 §4; repealed by 1977 c.307 §19]
• 583.463   Milk purchase reports required of nonlicensed manufacturing plants.
  Nonlicensed milk manufacturing plants shall file reports and information, in the manner and at the times required by the State Department of Agriculture in the...
• 583.464   [1967 c.440 §12; repealed by 1973 c.794 §34]
• 583.465   Primary markets.
  (1) The State Department of Agriculture within 60 days after June 4, 1963, shall determine and establish primary markets. In addition to other guideposts and...
• 583.470   Market areas.
  (1) Concurrently with the establishment of primary markets, as provided by ORS 583.465, the State Department of Agriculture shall establish market areas embracing one or...
• 583.475   Referendum in market area on establishment or termination of market pool; subsequent petition to establish pool.
  (1) After June 4, 1963, and within 45 days after the State Department of Agriculture establishes a market area, as provided by ORS 583.470, the...
• 583.480   Qualifications to sign petition or vote in referendum; list of qualified producers.
  (1) The producers qualified to sign a petition, or to vote in any referendum under ORS 583.001, 583.004, 583.021, 583.028 and 583.410 to 583.565, shall...
• 583.485   Contents of petition.
  Petitions filed with the State Department of Agriculture by producers, handlers and licensees shall comply with the provisions of ORS 583.001, 583.004, 583.021, 583.028 and...
• 583.490   Conduct of referendum.
  (1) A two-third majority vote by the producers voting in a referendum is required to pass or approve the subject matter contained in or the...
• 583.500   Hearing required before order issued; considerations in establishing minimum prices.
  (1) Before making any order under ORS 583.505, the State Department of Agriculture shall hold a public hearing in the market area to be affected...
• 583.505   Orders establishing minimum prices for sale of milk by producers to handlers.
  (1) In accordance with ORS chapter 183, the State Department of Agriculture shall establish by order: (a) The minimum price for the sale of Class...
• 583.507   Establishment of basic price of Class 3 milk; rules.
  (1) The basic price for the sale of Class 3 milk testing 3.5 percent, by producers to handlers and the sale thereof between handlers shall...
• 583.510   Pooling and equalization of milk in market areas; money withheld from producers; disposition of receipts by department; producer-handler quota.
  (1) Except as provided by ORS 583.475, the State Department of Agriculture shall establish a system of pooling of all milk used in each market...
• 583.512   [1967 c.440 §23; repealed by 1977 c.307 §19]
• 583.515   Establishment of quota for producers in market areas; adjustments and transfers.
  (1) Under a market pool and as used in this section, “quota” means a producer’s portion of the total sales of Class 1 milk in...
• 583.516   Quota reallocation.
  Notwithstanding the provisions of ORS 583.515 and in addition thereto, at the time, each March 1, when the State Department of Agriculture under a plan...
• 583.517   Diversion and transportation of pooled milk.
  (1) In order to further carry out the intent and purposes of this chapter and to further help stabilize the production, marketing and use of...
• 583.518   Handler who fails or refuses to transport pool milk in accordance with department plan penalized.
  In addition to other actions it may take, or penalties it may apply, the State Department of Agriculture after public hearing under ORS chapter 183...
• 583.520   Department to provide system for equitable payments to producers where no market pool exists; recognition of voluntary equalization program.
  In the event the producers through petition or referendum pursuant to ORS 583.475 prevent a market pool from being established, or by referendum terminate and...
• 583.525   Handler not to purchase from producer for less than minimum price; allowable deductions by handler; additional deductions.
  (1) It is the intent of the provisions of ORS 583.001, 583.004, 583.021, 583.028 and 583.410 to 583.565 to minimize and eliminate as far as...
• 583.530   Prohibited practices.
  (1) No handler or producer-handler shall: (a) Buy milk from any person other than a producer, producer agent, or another handler licensed under ORS 583.001,...
• 583.540   Enforcement of ORS 583.410 to 583.565.
  (1) The State Department of Agriculture may enforce by injunction or other appropriate proceedings in the circuit court of the county in which the defendant...
• 583.545   Disposition of fees.
  Except as provided by ORS 583.510 (5), the State Department of Agriculture shall deposit all fees paid under ORS 583.004 and 583.410 to 583.565 in...
• 583.560   Modification of legal proceedings and administrative matters; department authorized to compromise claims.
  Nothing in the provisions of ORS 583.001, 583.007, 583.021, 583.028, 583.440 (3), 583.445 to 583.463, 583.505 to 583.510, 583.516 to 583.518, 583.560, 583.565 and 583.993...
• 583.565   Effect of termination of chapter.
  (1) Notwithstanding other provisions to the contrary, including ORS 182.080, if all or only a part of the provisions of this chapter are terminated or...
• 583.600   Prohibits sale at less than cost; determination of cost; exceptions; recordkeeping.
  (1)(a) No handler, producer-handler, jobber or other person shall sell or offer to sell fluid milk to retailers or other milk distributors at a price...
• 583.610   Fees; reports on milk sales.
  (1) The State Department of Agriculture may determine and assess a fee, not to exceed one cent per hundredweight on fluid milk, to be paid...
• 583.620   Enforcement of ORS 583.600 to 583.630.
  (1) The State Department of Agriculture may investigate for any violations of the provisions of ORS 583.600 to 583.630 and 583.993, either on its own...
• 583.630   Rulemaking under ORS 583.600 to 583.630.
  In accordance with ORS chapter 183, the State Department of Agriculture may adopt any rules necessary to carry out the provisions of ORS 583.600 to...
• 583.990   [Repealed by 1955 c.1 §1]
• 583.991   [1957 c.719 §17; repealed by 1961 c.638 §20]
• 583.992   [1963 c.442 §29; repealed by 1967 c.440 §26]
• 583.993   Penalties.
  (1) Subject to ORS 153.022, violation of any provision of ORS 583.001 to 583.565 or rule thereunder is a Class A violation. (2) Subject to...

Last modified: August 7, 2008