Oregon Statute | Act | Code |Title 47 Agricultural Marketing And Warehousing| US Code - US Statute | Chapter 576 Agricultural Marketing Generally

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 agricultural, floricultural,
vegetable and fruit products of the soil, livestock and meats, poultry,
eggs, dairy products, and any and all products which have their situs of
production on the farm.

(3) "Food products" means any and all products either in a natural
or processed state used by human or animal as food. [1955 c.572 §1]

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 576.022, and as specified by the Director of Agriculture. The
Agricultural Development Division shall consist of a market development
service and a commodity development service. [1955 c.572 §2; 1983 c.740
§221; 1985 c.623 §3](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 existing
domestic and foreign markets for farm and food commodities produced or
processed in this state. The purpose of the commodity development service
of the Agricultural Development Division shall be to assist in the
development and improvement of farm and food commodities and their values
and uses.

(2) In furthering the purpose of the market development service,
the State Department of Agriculture may:

(a) Collect and disseminate information relating to the
availability, quality and uses of farm and food commodities produced or
processed in this state, including participation in demonstrations, fairs
and exhibits;

(b) Serve as an intermediary between prospective purchasers and
sellers of farm and food commodities produced or processed in this state
as to source of supply and demand;

(c) After notice to and with the approval of the Governor,
represent the state in matters of legislation or rulemaking affecting the
development of markets for farm and food commodities produced or
processed in this state;

(d) Cooperate with and aid producers, processors, distributors and
prospective purchasers of farm and food commodities in establishing, or
improving and maintaining, an efficient system of distribution and
marketing of farm and food commodities;

(e) Investigate delays, embargoes, conditions and practices,
charges and rates in the marketing, transportation and handling of farm
and food commodities produced or processed in this state, and when an
investigation discloses a probable violation of state or federal law,
make recommendations to the proper state or federal authorities for
appropriate action;

(f) Engage in negotiations with common and contract carriers and
initiate or participate in the prosecution of proceedings before agencies
engaged in freight rate regulation within or without this state in
matters relating to the establishment of new freight rates, the
modification of existing freight rates or to unjust, unreasonable or
discriminatory rates or practices affecting the cost of transportation,
production or processing of farm or food commodities produced or
processed in this state;

(g) Investigate the advisability and need for establishment of
terminal, regional, assembly, dock and other distributing facilities for
the delivery, sale and distribution of farm and food commodities at or
near the point of purchase or use, and advise and cooperate with public
or private agencies or organizations in promoting the establishment,
construction or acquisition of the facilities for public use and make
recommendations as to their operations;

(h) Accept grants from public or private agencies, organizations or
persons, with any grant treated as a trust fund, separate and distinct
from the General Fund, within the meaning of ORS chapters 291 and 293;

(i) Consult with other states in development of joint programs for
the establishment and development of domestic and foreign markets on a
mutual basis; and

(j) Cooperate with the Economic and Community Development
Department of this state in foreign and domestic marketing matters of
common interest.

(3) In furthering the purpose of the commodity development service,
the department may:

(a) Collect and disseminate information relating to new or
alternate crop production and marketing feasibilities to producers of
farm and food commodities, and confer with the New Crops Development
Board of the department in regard to these matters;

(b) Assist the commodity commissions in carrying out mutual or
joint scientific research efforts and mutual or joint development of the
commercial values and new and additional uses of their commodities; and

(c) Accept grants from public or private agencies, organizations or
persons, with any grant treated as a trust fund, separate and distinct
from the General Fund, within the meaning of ORS chapters 291 and 293.

(4) Nothing in ORS 576.006 to 576.022 shall authorize, or modify
the limitations on authority under ORS 561.170 for, the Agricultural
Development Division, or its staff to:

(a) Engage in any commercial transaction involving farm or food
commodities as purchaser, seller, broker or dealer; or

(b) Acquire or own any farm or food commodities or real property
associated with them. [1955 c.572 §3; 1985 c.623 §4; 1989 c.966 §64] 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 or food product, or against any producer, processor,
distributor or dealer of any such products. [1955 c.572 §5]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
Agriculture may call upon Oregon State University for such technical and
statistical information as it may need and as the university may be able
to provide. [1955 c.572 §7](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 channels into which such livestock is marketed; the
total consumption of meat in this state; the types and quantities
consumed and the sources thereof; and such other information as is
pertinent to reveal additional potential markets for livestock produced
in this state.

(2) In order to carry out and maintain this continuing study, the
department is authorized during business hours to inspect the records of
places or businesses which handle, store or sell meat animals, or meat as
defined in ORS 619.010 to 619.071, 619.370 and 619.993.

(3) The department, after public hearing under ORS chapter 183, may
require periodic reporting from the places or businesses described in
this section and require the furnishing to the department of the data or
information which may be needed in continuing the comprehensive study as
authorized in this section. [1967 c.388 §2; 1973 c.174 §19; 1973 c.794
§29; 1983 c.740 §222]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 the United States
Department of Agriculture and with the appropriate offices of adjoining
states to establish and maintain a food product market news service in
the Klamath Basin and provide such services for the central Oregon and
Malheur areas. [1961 c.560 §1]COMMODITY COMMISSIONS(Generally) 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
any person who resells the commodity or any product derived therefrom.

(2) "Commission" means a commodity commission established under ORS
576.051 to 576.455.

(3) "Commodity" means any distinctive type of agricultural,
horticultural, viticultural, vegetable, animal or seafood product, or any
class, variety or utilization thereof, in a natural or processed state,
including bees and honey but not including timber or timber products. The
Director of Agriculture may determine what types or subtypes of commodity
may be classed together as a commodity for the purposes of ORS 576.051 to
576.455.

(4) "Department" means the State Department of Agriculture.

(5) "Director" means the Director of Agriculture.

(6) "First purchaser" means any person who buys the commodity for
which a commission is established from the producer in the first
instance, or handler who received the commodity in the first instance
from the producer for resale or processing.

(7) "Handler" means any producer, processor, distributor or other
person engaged in the handling or marketing of or dealing in the
commodity for which a commission is established, whether as an owner,
agent, employee, broker or otherwise.

(8) "Producer" means a person that engages in, or has engaged in,
the business of growing, producing or procuring within this state, or in
the rivers or offshore waters of this state except the Columbia River, a
commodity for market or for delivery or transfer to others owning or
holding title to the commodity. "Producer" includes a landowner,
landlord, tenant, sharecropper, boat skipper or other person that
participates in the growing, producing or procuring of a commodity and
receives a share of the commodity.

(9) "Regional commission" means a commission that functions only
within a specified area of this state consisting of one or more entire
counties. [Formerly 576.005; 1957 c.447 §1; 1959 c.596 §1; 1977 c.198 §7;
2003 c.604 §31]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] (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;

(C) Encourage responsible stewardship of valuable land and marine
resources; and

(D) Produce substantial quantities of necessary food for the state,
nation and world.

(b) Commodity commissions support commodity industries and enhance
and preserve the economic interests of the state.

(c) Commodity commissions function in the same manner as a broad
range of other programs established by the Legislative Assembly that are
funded by the public through fees assessed according to the relationship
of the fee payer to a particular program.

(d) Commodity commissions are not established to benefit individual
persons engaged in commodity industries, but are intended to improve the
overall conditions for the particular commodity for which a commission is
established and thereby benefit the overall economy of the state and all
the citizens of the state.

(e) Mandated cooperative efforts engaged in by commodity
commissions are a proven, effective method to avoid economic waste and
maintain stable agricultural markets.

(f) It is in the public interest that:

(A) Support for Oregon's commodity industries be clearly expressed;

(B) Adequate protection be given to commodities and commodity uses,
activities and operations; and

(C) Each commodity be promoted individually and as part of a
stabilized comprehensive industry by increasing consumption of
commodities in this state and the United States and internationally.

(2) It is the intent of the Legislative Assembly that commodity
commissions do the following for the purpose of serving commodity
industries and the citizens of this state:

(a) Participate in the formulation and implementation of public
policy through expressive activities.

(b) Reflect a continuing commitment by the state to commodity
industries that are integral to the economy of this state.

(c) Represent a policy of support for persons engaged in commodity
industries and for their critical role in the economy of this state,
especially the economy of rural areas.

(d) Provide benefits to entire commodity industries and all the
citizens of this state.

(e) Enhance the image of Oregon commodities for the purpose of
increasing the overall demand for those commodities. To achieve that
purpose, the Legislative Assembly intends that commodity commissions
operate primarily to create a more receptive environment for commodities
and for the individual efforts of persons engaged in commodity industries
and thereby complement individual, targeted and specific activities.

(f) Use mandatory cooperative efforts to complement state, federal
and international laws and programs.

(g) Protect the citizens of this state by educating them regarding
the quality, care and methods used in the production of Oregon
commodities.

(h) Increase knowledge regarding the healthful qualities and
dietetic value of Oregon commodities.

(i) Support and engage in research programs and activities that
benefit the planting, production, harvesting, handling, processing,
marketing and use of Oregon commodities. [2003 c.604 §2] 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 Grains Commission.

(7) The Oregon Sheep Commission.

(8) The Oregon Potato Commission.

(9) The Oregon Alfalfa Seed Commission.

(10) The Oregon Bartlett Pear Commission.

(11) The Oregon Blueberry Commission.

(12) The Oregon Clover Seed Commission.

(13) The Oregon Fine Fescue Commission.

(14) The Oregon Fryer Commission.

(15) The Oregon Highland Bentgrass Commission.

(16) The Oregon Hop Commission.

(17) The Oregon Mint Commission.

(18) The Oregon Orchardgrass Seed Producers Commission.

(19) The Oregon Processed Vegetable Commission.

(20) The Oregon Raspberry and Blackberry Commission.

(21) The Oregon Ryegrass Growers Seed Commission.

(22) The Oregon Strawberry Commission.

(23) The Oregon Sweet Cherry Commission.

(24) The Oregon Tall Fescue Commission.

(25) The Oregon Trawl Commission.

(26) The Western Oregon Onion Commission. [2003 c.604 §15; 2003
c.749 §18] (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 Oregon
Beef Council and the Oregon Wheat Commission and assist in the
interchange of information and experience among those entities;

(c) Carry out the assigned organizational procedures under ORS
576.051 to 576.455, including the appointment and removal of members of
the commission;

(d) Review budgets submitted to the Director of Agriculture by a
commodity commission under ORS 576.416; and

(e) Adopt rules to carry out the provisions of ORS 576.051 to
576.455.

(2) The department shall review, and may approve or disapprove,
plans and projects recommended by a commodity commission for commodity
promotion, advertising and research and for the dissemination of consumer
and commodity industry information. In reviewing plans and projects
recommended by a commodity commission, the department shall consider
whether the plan or project information is:

(a) Factual;

(b) Not disparaging to other commodities; and

(c) Consistent with the purposes of ORS 576.051 to 576.455.
[Formerly 576.044]Note: The amendments to 576.066 (formerly 576.044) by section 29,
chapter 604, Oregon Laws 2003, become operative March 1, 2009. See
section 30, chapter 604, Oregon Laws 2003. The text that is operative on
and after March 1, 2009, is set forth for the user's convenience.

576.066. The State Department of Agriculture shall:

(1) 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;

(2) Promote cooperation among the several commissions, the Oregon
Beef Council and the Oregon Wheat Commission and assist in the
interchange of information and experience among those entities;

(3) Carry out the assigned organizational procedures under ORS
576.051 to 576.455, including the appointment and removal of members of
the commission;

(4) Review budgets submitted to the Director of Agriculture by a
commodity commission under ORS 576.416; and

(5) Adopt rules to carry out the provisions of ORS 576.051 to
576.455.(Organization)(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 growers and
commodity grower associations. A majority of the temporary members must
be producers of the commodity that is the subject of the commission and
at least one member must be a handler of the commodity.

(2) The temporary members shall adopt rules for the commission in
accordance with ORS chapter 183, including but not limited to rules
establishing the number and geographic representation of the
commissioners and rules providing for the removal of commissioners. The
terms of the temporary members expire on the date that one or more
commissioners are appointed under subsection (3) of this section. A
qualified temporary member is eligible for appointment to a term on the
commission under subsection (3) of this section.

(3) The director shall appoint the commissioners for a commodity
commission in accordance with the rules adopted under subsection (2) of
this section. In appointing the commissioners, the director shall give
consideration to any recommendations by other commodity commissions,
commodity growers and commodity grower associations.

(4) A majority of the commissioners must be producers of the
commodity that is the subject of the commission. At least one
commissioner must be a handler of the commodity. One commissioner must be
a member of the public not associated with the production or handling of
the commodity. All commissioners other than handlers and the member of
the public must be producers.

(5) The term of a commissioner appointed under subsection (3) of
this section is four years unless a shorter term is established by
commission rule. A commissioner is eligible for reappointment unless
otherwise provided by commission rule. Before the expiration of a
commissioner's term, the director shall appoint a successor to assume
office upon expiration of the term. If there is a vacancy on a commission
for any cause, the director shall appoint a person to the unexpired term.

(6) The commission shall select one member to serve as chairperson
and another member to serve as vice chairperson, with such duties and
powers as the commission deems appropriate to those offices.

(7) A temporary member of a commission or a commissioner is
entitled to compensation and expenses in the manner and amounts provided
in ORS 292.495. Claims for compensation earned and expenses incurred in
performing the functions of the commission shall be paid out of funds
available to the commission. [2003 c.604 §4 (enacted in lieu of 576.205)]Note: The amendments to 576.206 by section 5, chapter 604, Oregon
Laws 2003, become operative March 1, 2009. See section 6, chapter 604,
Oregon Laws 2003. The text that is operative on and after March 1, 2009,
is set forth for the user's convenience.

576.206. (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 growers and commodity grower associations. A majority of the
temporary members must be producers of the commodity that is the subject
of the commission and at least one member must be a handler of the
commodity.

(2) The temporary members shall adopt rules for the commission in
accordance with ORS chapter 183, including but not limited to rules
establishing the number and geographic representation of the
commissioners and rules providing for the removal of commissioners. The
terms of the temporary members expire on the date that one or more
commissioners are appointed under subsection (3) of this section. A
qualified temporary member is eligible for appointment to a term on the
commission under subsection (3) of this section.

(3) The director shall appoint the commissioners for a commodity
commission in accordance with the rules adopted under subsection (2) of
this section. In appointing the commissioners, the director shall give
consideration to any recommendations by other commodity commissions,
commodity growers and commodity grower associations.

(4) A majority of the commissioners must be producers of the
commodity that is the subject of the commission. At least one
commissioner must be a handler of the commodity. All commissioners other
than handlers must be producers.

(5) The term of a commissioner appointed under subsection (3) of
this section is four years unless a shorter term is established by
commission rule. A commissioner is eligible for reappointment unless
otherwise provided by commission rule. Before the expiration of a
commissioner's term, the director shall appoint a successor to assume
office upon expiration of the term. If there is a vacancy on a commission
for any cause, the director shall appoint a person to the unexpired term.

(6) The commission shall select one member to serve as chairperson
and another member to serve as vice chairperson, with such duties and
powers as the commission deems appropriate to those offices.

(7) A temporary member of a commission or a commissioner is
entitled to compensation and expenses in the manner and amounts provided
in ORS 292.495. Claims for compensation earned and expenses incurred in
performing the functions of the commission shall be paid out of funds
available to the 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 officio members of a commodity commission, without right to
vote. When a commission is established for a seafood commodity, the
chairperson of the State Fish and Wildlife Commission or the official
representative of the chairperson shall also be an ex officio member of
the commission, without right to vote. ORS 576.206 and 576.225 to 576.255
do not apply to ex officio members. [1953 c.489 §12; 1957 c.447 §10; 1959
c.596 §9; 1995 c.79 §311; 2003 c.604 §32] (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.

(2) A producer member of a commission must have paid an assessment
adopted by the commission, if any, on the commodity in each of the
preceding three calendar years. A handler member of a commission must
have collected an assessment adopted by the commission, if any, on the
commodity in each of the preceding three calendar years. [1953 c.489 §13;
1957 c.447 §11; 2003 c.604 §33] 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 another state
or is unable to perform the duties of office. [1953 c.489 §15; 1957 c.447
§12; 1965 c.515 §3; 1977 c.198 §10; 2003 c.604 §34; 2005 c.22 §390] (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 place of the hearing, at least 10 days prior to
such hearing. At the hearing the member shall be given an opportunity to
be heard in person or by counsel and shall be permitted to present
evidence to answer the charges and explain the facts alleged against the
member.

(2) In every case of removal, the director shall file in the office
of the Secretary of State a complete statement of all charges against the
member, the findings of the director and a record of the entire
proceedings held in connection with the charges. [1953 c.489 §16; 1965
c.515 §4; 1977 c.198 §11; 2005 c.22 §391] 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 duties. The commission shall adopt uniform and reasonable
regulations governing the incurring and paying of such expenses. [1953
c.489 §17; 1959 c.596 §10; 2005 c.22 §392] 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 affected by the acts of
the commission. This section does not prohibit a commission from
participating in meetings outside this state for purposes of advancing
the work of the commission. [1953 c.489 §18; 2003 c.604 §35] 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 necessary to start the work of
the commission. Thereafter, the commission shall meet regularly once each
six months, and at such other times as called by the chairperson. The
chairperson may call special meetings at any time, and shall call a
special meeting when requested by two or more members of the commission.
[1953 c.489 §19; 2005 c.22 §393] 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 year.

(4) Enter into contracts for carrying out the duties of the
commission.

(5) Subject to ORS 30.260 to 30.300, sue and be sued in the name of
the commission.

(6) Request that the Attorney General prosecute in the name of the
State of Oregon suits and actions for the collection of assessments
levied by the commission.

(7) Study state and federal legislation with regard to tariffs,
duties, reciprocal trade agreements, import quotas and other matters
affecting commodity industries and the state. A commission may represent
and protect the interests of a commodity industry regarding any
legislation, proposed legislation or executive action affecting the
commodity industry.

(8) Participate in federal and state hearings or other proceedings
concerning regulation of the manufacture, distribution, sale or use of
pesticides as defined in ORS 634.006 or other chemicals that are of use
or potential use to producers of a commodity. This subsection does not
authorize a commodity commission to regulate the use of pesticides.

(9) To the extent consistent with the duties of the commission,
participate in and cooperate with local, state, national and
international private organizations or governmental agencies that engage
in work similar to that of a commodity commission.

(10) Provide mechanisms for maintaining and expanding existing
markets and developing new domestic and foreign markets for a commodity,
including but not limited to:

(a) Public relations programs;

(b) Media relations programs;

(c) Paid print, electronic and position advertising;

(d) Point of sale promotion and merchandising;

(e) Paid sales promotions and coupon programs; and

(f) Activities that prevent, modify or eliminate trade barriers
that obstruct the free flow of a commodity to market.

(11) Conduct and fund research to:

(a) Enhance the commercial value of a commodity and products
derived from the commodity;

(b) Discover the benefits to public health, the environment or the
economy of consuming or otherwise using a commodity;

(c) Develop better and more efficient production, harvesting,
irrigation, processing, transportation, handling, marketing and uses of a
commodity;

(d) Control or eradicate hazards to a commodity, including but not
limited to hazards from animals, pests and plants;

(e) Develop viable alternatives for the rotation of crops;

(f) Determine new or potential demand for a commodity and develop
appropriate market development strategies for capturing that demand; and

(g) Measure the effectiveness of marketing, advertising or
promotional programs.

(12) Gather, publicize and disseminate information that shows the
importance of the consumption or other use of a commodity to public
health, the environment, the economy and the proper nutrition of children
and adults.

(13) Further the purposes of this section by funding scholarships
for or providing financial assistance to persons or entities interested
in a commodity.

(14) Adopt rules in accordance with ORS chapter 183 for carrying
out the duties, functions and powers of the commission. [2003 c.604 §8
(enacted in lieu of 576.305)](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 contractor
to perform the discretionary functions of the commission. ORS 279.835 to
279.855 and ORS chapters 240, 279A, 279B and 279C do not apply to the
commission in obtaining such services, except that no contract for such
services shall take effect until approved by the State Department of
Agriculture as provided in subsection (7) of this section.

(2) The commission may rent space or acquire supplies and equipment
from any contractor as described in subsection (1) of this section. ORS
chapters 276, 278, 279A, 279B, 279C and 283 and ORS 279.835 to 279.855
and 291.038 do not apply to such rentals or acquisitions.

(3) Except as provided in this section, a contractor described in
subsection (1) of this section shall be considered an independent
contractor and not an employee, eligible employee, public employee or
employee of the state for purposes of Oregon law, including ORS chapters
236, 238, 238A, 240, 243, 291, 292, 316 and 652.

(4) Nothing in this section precludes the state or a commission
from being considered the employer of the contractor described in
subsection (1) of this section for purposes of unemployment compensation
under ORS chapter 657 and ORS 670.600.

(5) A contractor described in subsection (1) of this section shall
be considered an independent contractor and not a worker for purposes of
ORS chapter 656 and ORS 670.600.

(6) A contractor described in subsection (1) of this section may
not be considered a public official, public officer, state officer or
executive official for purposes of Oregon law, including ORS chapters
236, 244, 292, 295 and 297 and ORS 171.725 to 171.785.

(7) The State Department of Agriculture shall review the contract
described in subsection (1) of this section for the adequacy of the
clauses pertaining to statement of work, starting and ending dates,
consideration, subcontracts, funds authorized in the budget, amendments,
termination, compliance with applicable law, assignment and waiver,
access to records, indemnity, ownership of work product,
nondiscrimination, successors in interest, attorney fees, tax
certification or merger or any other clause the department deems
necessary.

(8) The Oregon Department of Administrative Services, in
consultation with the State Department of Agriculture, shall adopt rules
necessary for the screening and selection of independent contractors
under this section.

(9) Except as provided in subsection (8) of this section, the State
Department of Agriculture may promulgate any rules necessary for the
administration and enforcement of this section. [1991 c.948 §2; 1997
c.802 §21; 2003 c.733 §79; 2003 c.794 §302; 2005 c.22 §§394,395] (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 supplies, materials, equipment and services other than personal
services required by the commission and for the furnishing of
professional services rendered by independent contractors with the state
to the commission.

(b) Provide for the furnishing of printing and multiple duplication
work to the commission under ORS 282.010 to 282.050, except that printing
and binding that advertises or promotes products, agricultural or
manufactured, may not be considered state printing.

(c) Provide for the furnishing of services relating to the
disposition of surplus, obsolete or unused supplies, materials and
equipment to the commission under ORS 279A.280.

(d) Provide for the furnishing of central telephone service and
central mail or messenger services to the commission under ORS 283.140.

(e) Provide for the furnishing of central repair and maintenance
services to the commission under ORS 283.150.

(f) Provide for the furnishing of clerical and stenographic pool
services to the commission under ORS 283.160.

(g) Provide for the furnishing of motor vehicles for use by
members, officers and employees of the commission under ORS 283.305 to
283.350.

(2) A commission shall pay to the Oregon Department of
Administrative Services such amount for services performed by the
department under subsection (1) of this section as the department
determines is adequate to reimburse it for the costs necessary to perform
such services.

(3) Upon request by a commission, the Oregon Department of
Administrative Services may design and supervise the installation of an
accounting system for the commission. The commission shall pay to the
Oregon Department of Administrative Services such amount for services
performed by the department under this subsection as the department
determines is adequate to reimburse it for the costs necessary to perform
such services. [1959 c.596 §32; 1967 c.419 §35; 1993 c.500 §48; 2003
c.794 §303; 2005 c.22 §§396,397]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 requisition by the commission, any other commodity
commission, the Oregon Wheat Commission, the Oregon Beef Council or any
other state agency or officer may furnish services, facilities and
materials to the commission under ORS 283.110. [1959 c.596 §33; 2003
c.604 §36]Except as otherwise provided in ORS 576.051 to 576.455, ORS
291.026, 291.201 to 291.222, 291.230 to 291.260, 291.322 to 291.336,
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 enforcement of ORS 576.051 to 576.455. [1959 c.596 §34; 2005 c.22
§398] 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 576.455
may, consistent with the purposes of the commission, develop intellectual
property that relates to a commodity or assists in the implementation,
maintenance or development of commission programs. A commodity commission
may take all necessary and proper actions relating to the development of
an intellectual property, including but not limited to entering into
contracts and other agreements and owning, managing, disposing of or
using the intellectual property. A commodity commission developing
intellectual property shall adopt rules to govern the ownership,
management, disposal and use of intellectual property and other
activities of the commission relating to intellectual property.

(3) Moneys received by a commodity commission as a result of the
commission's ownership, management, disposal or use of intellectual
property, or other activities of the commission relating to intellectual
property, must be deposited to an account established and maintained by
the commission pursuant to ORS 576.375. Moneys deposited under this
section are continuously appropriated to the commodity commission
possessing the account for the purpose of carrying out the duties,
functions and powers of the commission. [2001 c.578 §1; 2003 c.604 §37]Note: 576.317 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 576 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(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 commission established under ORS 576.051 to 576.455
is not required to utilize office space furnished or obtained by the
Oregon Department of Administrative Services as provided in ORS chapter
276.

(3) The State Department of Agriculture may charge and collect from
each commodity commission established under ORS 576.051 to 576.455 an
assessment or fee to reimburse the department for supervisory or
administrative functions the department is required by law to perform
with regard to commodity commissions. The department shall establish the
amount of the assessment or fee by rule. [1993 c.561 §2; 2003 c.604 §38]Note: 576.320 was added to and made a part of ORS chapter 576 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(Assessment and Budgeting)(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 data from the most recent
complete year or years preceding the year of determination.

(2)(a) A commodity commission may assess, levy and collect an
assessment, the amount of which the commission shall determine, on all
units or animals of the commodity grown or produced in this state, or
procured from this state's rivers or the offshore waters, but not the
Columbia River, for handling within this state, and sold in commercial
channels. A commission may not apply an assessment to a transaction that
occurred prior to the effective date of the commission rule adopting the
assessment.

(b) A 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 the commodity.

(c) All casual sales of the commodity made by the producer direct
to the consumer are exempt from the assessment.

(d) A commission may, by rule, define and regulate handling,
processing and casual sales.

(3) The amount of the assessment provided for in subsection (2) of
this section is limited as follows:

(a) If a commission assesses on a unit basis, the assessment may
not exceed one and one-half percent of the industry average unit price.
The commission may determine the industry average unit price by
considering data and estimates of the United States Department of
Agriculture, Oregon State University or other reliable sources.

(b) If a commission assesses on a percentage of dollar value basis,
the assessment may not exceed one and one-half percent of the dollar
value received by a producer for the raw commodity. If the dollar value
received by a producer is not otherwise determinable, the commission may
establish the dollar value based on the industry average unit price for
that year for the raw commodity.

(4) Notwithstanding subsection (3) of this section:

(a) The maximum assessment by the Oregon Clover Seed Commission may
not exceed one and one-half percent of the industry average unit price
for products within the same market category, if assessed on a unit basis.

(b) The maximum assessments by the Oregon Albacore Commission, the
Oregon Orchardgrass Seed Producers Commission and the Oregon Tall Fescue
Commission may not exceed three percent of the industry average unit
price if assessed on a unit basis or three percent of the value received
by a producer for the raw commodity if assessed on a percentage of dollar
value basis.

(c) The maximum assessment by the Oregon Sweet Cherry Commission
for fresh, brined, canned and frozen cherries may not exceed four percent
of the respective industry average unit prices for fresh, brined, canned
and frozen cherries if assessed on a unit basis.

(d) The maximum assessment by the Oregon Bartlett Pear Commission
may not exceed seven percent of the industry average unit price if
assessed on a unit basis.

(e) The maximum assessment by the Oregon Processed Vegetable
Commission on a commodity may not exceed 0.5 percent of the industry
average unit price for that commodity if assessed on a unit basis or 0.5
percent of the dollar value received by a producer for the commodity if
assessed on a percentage of dollar value basis.

(f) The maximum assessment by the Oregon Hop Commission may not
exceed two percent of the industry average unit price if assessed on a
unit basis.

(g) The maximum assessment by the Oregon Sheep Commission may not
exceed five cents per pound on all wool, in the grease basis, sold
through commercial channels. The commission may not adopt an assessment
that is more than one-half cent per pound of wool, in the grease basis,
above the assessment for the previous year.

(5) A commission shall assess and levy an assessment under
subsections (2) to (4) of this section to the producer at the time and in
the manner provided 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 required by
the commission under ORS 576.335.

(6) Notwithstanding subsection (5) of this section, a commission
may assess, levy and collect an assessment from a first purchaser at the
time and in the manner provided by the commission by rule. Except as
provided in subsection (8) of this section, the assessment may not exceed
the limits described in subsections (3) and (4) of this section.

(7) A regional commission may assess, levy and collect an
assessment only on the commodity produced in the counties in which the
regional commission functions.

(8) Notwithstanding subsections (3) and (4) of this section, a
commodity commission may assess, levy and collect an assessment in excess
of the limits described in subsections (3) and (4) of this section
pursuant to a federal marketing order or agreement.

(9) A person who believes that the amount of an assessment is
incorrect may apply to the commission for a refund not later than 60 days
after the person pays the assessment. [1953 c.489 §21; 1957 c.447 §14;
1959 c.596 §13; 1983 c.645 §1; 2001 c.504 §4; 2003 c.604 §39] (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 consider:

(a) Laws and rules of the United States and other states relating
to commodity commissions, boards and marketing orders;

(b) The practices, procedures and customs unique to the production,
handling, processing and trading of a particular commodity and to the
producers and growers of that commodity; and

(c) The cost of collecting the particular assessment and practical
problems relating to collection.

(3) A producer or handler that is exempted from assessment, but
required to submit reports to a commission, is subject to ORS 576.351.
[2003 c.604 §9] (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 assessment at the time of sale shall
report and pay the assessment to the commission. A producer required to
report and pay an assessment is subject to this section. [1953 c.489
§§24,26; 1959 c.596 §14; subsection (4) enacted as 1965 c.211 §3; 2003
c.604 §40](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 commission, unless the first purchaser voluntarily makes the
proper deduction and remits the proceeds to the commission.

(2) If a producer performs the handling or processing functions on
all or a part of the production of the commodity that normally would be
performed by another person as first purchaser, the producer shall report
sales of the commodity from the production of the producer on forms
provided by the appropriate commodity commission and pay the assessment
moneys directly to the commission, unless the first purchaser voluntarily
makes the proper deduction and remits the proceeds to the commission.
[1953 c.489 §25; 1959 c.596 §15; subsection (2) enacted as 1959 c.596
§74; 2005 c.22 §400](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 reports made or due to the commission.

(2) For purposes of determining the accuracy of assessments paid or
due to a commission, the commission or a person authorized by the
commission may:

(a) Make an inspection during normal business hours of the business
premises of a person required to pay or collect an assessment; and

(b) Audit the records of a person required to pay or collect an
assessment.

(3) For purposes of determining the accuracy of assessments paid or
due to a commission, the commission may issue a subpoena for the
production of any books, records or documents related to the payment or
collection of an assessment to a person required to pay or collect the
assessment.

(4) If an audit determines that a person is delinquent in the
payment or collection of an assessment, the person shall pay the cost of
the audit, not to exceed an amount equal to the delinquent assessment.
[1959 c.596 §76; 2003 c.604 §41] (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 balance of the
assessment.

(2) A commission may waive the penalty and interest described in
subsection (1) of this section upon a showing of good cause.

(3) Notwithstanding subsection (1) of this section, if an
assessment is collected pursuant to a federal marketing order or
agreement, a commission may establish a penalty or interest rate that is
consistent with that order or agreement. [1953 c.489 §28; 2003 c.604 §42](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 civil action or utilize any other
available legal or equitable remedy to collect an assessment or civil
penalty, obtain injunctive relief or obtain specific performance under
ORS 576.051 to 576.455.

(3) If the person responsible for the transmittal of assessment
moneys is a corporation, all directors and officers of the corporation
are personally liable for a failure to relinquish the assessment moneys
collected by the corporation.

(4) If a commission obtains a favorable judgment in an action or
suit under subsection (2) of this section, the court shall award the
commission costs and reasonable attorney fees.

(5) Unless the person required to pay an assessment and the person
responsible for collecting the assessment are related businesses, the
department may not collect from the person required to pay the assessment
any amount deducted by the person responsible for collecting the
assessment and due and owing to the department. [1953 c.489 §27; 1959
c.596 §16; 2003 c.604 §43](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 dollar value received by the producer for the raw
commodity during that assessment period multiplied by the maximum lawful
assessment percentage.

(2) A commodity producer who disputes the amount of a commodity
assessment as provided under subsection (1) of this section must file any
challenge to the assessment with the appropriate commodity commission no
later than 60 days after the close of the assessment period. The
challenge must be on a form provided by the State Department of
Agriculture. A commodity commission shall process a challenge under this
section as provided by rules adopted under subsection (4) of this section.

(3) A commodity producer filing a challenge under this section
bears the burden of proving the total dollar value received by the
producer during the assessment period. If the producer acts as a handler
or processor for all or part of the producer's commodity production, the
producer also bears the burden of proving that the prices paid to the
producer are equivalent to prices paid in arm's-length transactions. A
commodity commission shall refund the amount of the assessment that the
producer proves is in excess of the total dollar value received by the
producer for the raw commodity during the assessment period multiplied by
the maximum lawful assessment percentage.

(4) The department shall adopt necessary and proper uniform rules
for commodity commissions to carry out this section. The department rules
shall include, but need not be limited to, procedures for the filing,
processing and formal or informal resolution of challenges and for
determining commodity prices paid in arm's-length transactions. A
commodity commission shall adopt rules establishing assessment periods
and may adopt supplemental rules that do not conflict with the rules of
the department. [2001 c.504 §2; 2003 c.604 §44; 2005 c.22 §401]Note: 576.370 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 576 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(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 for the commodity commission
adopting the rule to refund all or part of a commodity assessment levied
by the commission upon request of the person paying the assessment. A
rule adopted under this subsection may not provide for a commission to
refund an amount less than the portion of the assessment used by the
commission for advertising and product promotion.

(2) If a commission adopts rules pursuant to subsection (1) of this
section:

(a) Plans and projects recommended by that commission are exempt
from State Department of Agriculture review and approval or disapproval
under ORS 576.066 (2); and

(b) Notwithstanding ORS 576.206, the commission may vote to
eliminate the position for a commissioner who is a member of the public.
[2003 c.604 §22]Note: The amendments to 576.372 by section 23, chapter 604, Oregon
Laws 2003, become operative March 1, 2009. See section 24, chapter 604,
Oregon Laws 2003. The text that is operative on and after March 1, 2009,
is set forth for the user's convenience.

576.372. 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 for the commodity commission adopting the rule to
refund all or part of a commodity assessment levied by the commission
upon request of the person paying the assessment. A rule adopted under
this subsection may not provide for a commission to refund an amount less
than the portion of the assessment used by the commission for advertising
and product promotion.(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 a commodity commission must be paid to the
authorized agent of the commission and promptly deposited into an account
established by the commission in a depository bank, as defined in ORS
295.005, that is insured by the Federal Deposit Insurance Corporation. In
a manner consistent with the requirements of ORS chapter 295, the
chairperson and vice chairperson for a commission shall ensure that
sufficient collateral secures any amount of funds on deposit that exceeds
the limits of the Federal Deposit Insurance Corporation's coverage. All
moneys in the account are continuously appropriated to the commission
making the deposit for the purpose of carrying out the duties, functions
and powers of the commission.

(2) Moneys may not be withdrawn from or paid out of the account
except upon order of the commission, and upon checks or other orders upon
such accounts signed by the secretary-treasurer or such other member of
the commission as the commission designates and countersigned by such
other member, officer or employee of the commission as the commission
designates. The commission shall keep a receipt, voucher or other written
record, showing clearly the nature and items covered by each check or
other order.

(3) Subject to approval by the Director of Agriculture, a
commission may invest moneys collected or received by the commission.
Investments made by a commission are:

(a) Limited to investments described in ORS 294.035;

(b) Subject to the investments maturity date limitations described
in ORS 294.135; and

(c) Subject to the conduct prohibitions listed in ORS 294.145.

(4) Interest earned from any moneys invested by a commission under
subsection (3) of this section is available to the commission in a manner
consistent with the commission's annual budget. [1953 c.489 §22; 1959
c.596 §17; 1967 c.451 §25; 2003 c.604 §45]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 institution, as defined in ORS
706.008. The bond or letter of credit must be in favor of the commission
and the State of Oregon, in an amount equal to the maximum amount of
moneys the commission determines the person will have subject to control
at any one time and upon such conditions as the commission shall
prescribe. The commission shall pay the cost of the bond or letter of
credit. [1953 c.489 §23; 1957 c.447 §20; 1959 c.596 §19; 1991 c.331 §86;
1997 c.631 §499; 2005 c.22 §402]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 576.416 to 576.445,
"fiscal year" means the fiscal year commencing on July 1 and ending on
June 30. [1959 c.596 §21](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
Assembly.

(2) A commission shall follow generally accepted accounting
principles and keep financial and statistical information as necessary to
completely and accurately disclose the financial operations of the
commission as may be required by the Secretary of State. In addition, the
budget must show the estimated receipts and expenditures by or under the
authority of the commission under ORS 576.051 to 576.455 for the fiscal
year for which the budget is adopted. The budget also must show the
actual receipts and expenditures by or under the authority of the
commission for the fiscal year preceding the fiscal year in which the
proposed budget is prepared, if any, and the estimated receipts and
expenditures by or under the authority of the commission for the fiscal
year in which the budget is prepared, if any.

(3) Estimated receipts and expenditures for the fiscal year for
which the budget is adopted must be fully itemized and be prepared and
arranged to clearly show each item of receipts and expenditures. To the
extent practicable, the items of receipts and expenditures must be
arranged under major groups or categories that are the same as the most
recent classifications of revenue and expenditures established pursuant
to ORS 291.206.

(4) The budget shall contain only one estimate for emergency or
other expenditures that are unforeseen at the time the budget is prepared.

(5) A commission shall call and hold at least one public meeting
upon the proposed budget. In selecting a time and place for a meeting, a
commission shall be guided by consideration for the convenience of the
majority of the producers of the commodity. At a meeting, any person has
a right to be heard with respect to the proposed budget.

(6) At least 14 days prior to the date of a meeting under
subsection (5) of this section, a commission shall publish notice at
least once in a newspaper of general circulation in this state. The
notice must set forth the purpose, time and place of the meeting and
state that a copy of the proposed budget is available for public
inspection at the place of business of the commission or at another
convenient location.

(7) After a budget has been adopted, a commission shall submit to
the Director of Agriculture a copy of the budget and an affidavit setting
forth the pertinent facts relating to the preparation and adoption of the
budget. The director shall examine the budget and the affidavit within 15
days and, if the director determines that the estimated receipts and
expenditures in the budget are in conformity with the authority of the
commission and other applicable statutory requirements and that the facts
set forth in the affidavit indicate that the budget was prepared and
adopted in accordance with the law, the director shall certify those
determinations on the copy of the budget and make the budget final. If
the director determines that the budget fails to meet the requirements in
any respect, the director shall immediately notify the commission of the
particular failures. The commission shall promptly take all practicable
measures to remedy the failures and shall resubmit a copy of the budget
to the director for examination. The director shall retain the certified
copy of the final budget and make the budget available for public
inspection during normal business hours of the State Department of
Agriculture.

(8) A commission shall prepare an annual financial statement of
commission revenues and expenses and shall make the statement available
for public review. A commission shall provide a copy of the statement to
the Secretary of State and the department no later than 90 days after the
end of the state fiscal year. [2003 c.604 §14 (enacted in lieu of
576.415)]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 for the
fiscal year in the budget adopted for the fiscal year or in excess of the
total amount of expenditures estimated for the major group or category of
the expenditure for the fiscal year in the budget adopted for the fiscal
year.

(b) For any purpose different than that indicated by the major
group or category of the expenditure in the budget adopted for the fiscal
year.

(2) An expenditure of moneys for a fiscal year unforeseen at the
time the budget is prepared may not be made or incurred by or under the
authority of the commission under ORS 576.051 to 576.455 in excess of the
amount of unforeseen expenditures estimated as provided in ORS 576.416.
[1959 c.596 §28; 2003 c.604 §47](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 expenditure was unforeseen. At least one
copy of the order must be filed in the office of the commission and
available for public inspection during normal business hours of the
commission.

(2) The commission shall send a copy of the order to the Director
of Agriculture. The director shall examine the order and the budget to
which the order relates. The director shall certify the order if the
director determines that the form of the order is in accordance with law,
that the facts set forth in the order and the budget to which the order
relates indicate that the order is in accordance with law, and that the
proposed unforeseen expenditure is appropriate to accomplish the goals
and needs of the commission. The director shall immediately notify the
commission if the director determines that the order is defective because
of a failure to comply with ORS 576.416, because the final budget or the
preparation or adoption of the final budget is defective or because
estimated expenditures are not in conformity with statutory requirements.
The commission shall promptly take all practicable steps to remedy the
defects. The director shall retain the certified copy of the order and
make the copy available for public inspection during normal business
hours of the State Department of Agriculture. [1959 c.596 §29; 1977 c.198
§14; 1993 c.98 §20; 2003 c.604 §48] (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 transferred to Oregon State University and
are continuously appropriated to the university for research benefitting
producers of the commodity that was subject to assessment by the
abolished commission.

(2) The Legislative Assembly may order in an Act dissolving a
commodity commission that any moneys remaining in the possession of the
abolished commission on the effective date of the abolishment be refunded
on a proportional basis to the persons who paid assessments to the
commodity commission during the assessment year in which the commodity
commission was abolished. [2003 c.604 §12] 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) and (3). [1965 c.211 §1; 2003
c.604 §49]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.

(3) "Director" means the Director of Agriculture.

(4) "Handler" means any person who purchases an agricultural
commodity and thereafter grades, packs, cans, freezes, distills, crushes
or otherwise preserves or changes the form of the commodity for the
purpose of marketing the commodity.

(5) "Producer" means a person engaged in the business of growing,
raising or otherwise producing an agricultural commodity for sale or an
association of such persons organized under ORS chapter 62.

(6) "Representative group of producers" means those producers who
produced, in the previous crop season, more than 59 percent of the amount
of the commodity handled by each separate handler with whom such
producers are involved in a dispute. [1969 c.238 §1]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 involved in agricultural marketing disputes in
the manner provided in ORS 576.610 to 576.650. Subject to any applicable
provision of the State Personnel Relations Law, the Director of
Agriculture may appoint such employees as the director considers
necessary to perform the mediation services required by ORS 576.610 to
576.650. In addition to or in place of any permanent employees appointed
to perform mediation services, the director may appoint persons, on a
temporary basis, to perform such services. Such temporary employees serve
at the pleasure of the director, and need not be members of the
classified service, as defined in ORS 240.210. The director may set the
hours, salaries, expense allowances and other terms and conditions of
employment of such temporary employees. Any person designated to act for
the director in a mediation proceeding shall be a disinterested person
who is not a producer or handler of the commodity involved in the
dispute, or interested in the ownership or management of such a producer
or handler. [1969 c.238 §2] 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,
either side may request in writing mediation assistance from the State
Department of Agriculture in settling the dispute. Not later than 10 days
after receiving such a request for assistance, the department shall meet
with the parties to the dispute and shall assist the parties in
attempting to reach a settlement. [1969 c.238 §3] 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] 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 the performance of its mediation services. [1969 c.238 §5]PAYMENT FOR AGRICULTURAL COMMODITIES 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 purchases, offers to purchase
or contracts to purchase in this state any commodity from a producer or
an agent of a producer for the purpose of packaging, processing or
marketing such commodity. "Processor" does not include any cooperative,
formed pursuant to ORS chapter 62.

(3) "Producer" means any person other than a processor who produces
a commodity in this state for commercial purposes.

(4) "Meat animal" has the meaning for that term provided in ORS
603.010. [1971 c.531 §1; 1975 c.703 §8]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 make full payment
therefor not later than the 30th day after the day the processor takes
delivery of the harvested commodity.

(2) Any processor who fails to make payment as required by
subsection (1) of this section shall pay, in addition to the amount due,
interest thereon at the rate of one percent per month. [1971 c.531 §2]

(1) Who purchases from a producer seed that requires cleaning and
germination tests; or

(2) Of sugar beets whose contract with a producer for sale of the
crop provides for profit sharing; or

(3) Of fish or seafood products; or

(4) Of meat animals. [1971 c.531 §3; 1975 c.703 §9] 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 the wholesale seed dealer must
complete payment to the seed grower or, if a date is not specified in the
contract, May 1 of the year following production and harvesting of the
grass or clover seed.

(2) "Seed delivery" means the date on which the seed grower
delivers grass or clover seed to the wholesale seed dealer pursuant to a
notice from the dealer.

(3) "Seed production or purchase contract" means a written
agreement that must include:

(a) The estimated date for seed delivery;

(b) The terms and estimated dates for the wholesale seed dealer to
pay the seed grower;

(c) The number of acres of grass or clover seed to be grown; and

(d) The species, cultivars and quality standards of the grass or
clover seed to be produced or purchased. [2001 c.265 §1]Note: 576.725 and 576.727 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 576 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (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 delivery. Upon
written mutual agreement of the seed grower and the wholesale seed
dealer, the grower may extend the period available for the dealer to make
payment.

(2) If a licensed wholesale seed dealer fails to pay a seed grower
as required pursuant to subsection (1) of this section, the grower may
notify the State Department of Agriculture. Upon notification by a
grower, the department shall determine whether payment has been made in
accordance with terms of the contract. If the department determines that
payment has not been made, the department shall notify the wholesale seed
dealer in writing that the dealer has 30 days to pay the seed grower all
delinquent amounts plus interest on each delinquent amount at the rate of
one percent per month simple interest from the final payment date for
that delinquent amount.

(3) A seed production or purchase contract may not vary the terms
of the remedy provided by subsection (2) of this section. A wholesale
seed dealer may appeal the notice given by the department under
subsection (2) of this section as provided in ORS chapter 183. Subsection
(2) of this section does not prevent a seed grower from filing a notice
of lien against a wholesale seed dealer.

(4) If a wholesale seed dealer fails to make payment as required by
a notice given by the department under subsection (2) of this section,
the department shall suspend the license of the dealer until the dealer
demonstrates to the satisfaction of the department that the dealer is
current on all payments due to seed growers.

(5) A wholesale seed dealer who fails to make payment as required
by a notice given by the department under subsection (2) of this section
is considered to have authorized the seed grower to sell any seed from
the contract that is still in the possession of the grower and to use the
variety as provided under the federal Plant Variety Protection Act, 7
U.S.C. 2541(b), subject to a right of first refusal by the owner of a
protected variety. This subsection does not prevent a wholesale seed
dealer from giving consent to the seed grower by other means and does not
supersede the terms of a consent given by other means. [2001 c.265 §2]Note: See note under 576.725.OREGON WINE BOARD; WINE CELLAR 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 grapes, true or hybrid, whether or not partially
fermented. It does not include alcoholic liquor as defined in ORS 471.001.

(2) "Wine" has the meaning given that term in ORS 471.001.

(3) "Wine grape growing" means the cultivation in commercial
quantities of vinifera grapes in this state.

(4) "Wine making" means the ownership and control of or the
management of a licensed winery in this state. [1977 c.690 §1; 1983 c.651
§1; 1995 c.301 §32; 2003 c.797 §25; 2005 c.22 §404] 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 whole. The health of the
wine grape growing and wine making industries affects the well-being of
Oregonians and Oregon rural economies and environments.

(2) It is in the public interest to encourage the orderly growth
and development of sustainable, labor-intensive, value-added agricultural
industries, such as the wine grape growing and wine making industries.

(3) State involvement in the wine grape growing and wine making
industries must be coordinated to respond to state interests and to
encourage appropriate partnership and cooperation between the public and
private sectors in ensuring orderly growth and realizing statewide
objectives for world-class wine grape growing and wine making industries.
[2003 c.797 §2] (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 members appointed by the
Governor. In making appointments, the Governor shall consider nominations
or recommendations made by organizations with nominating committees
representative of all major wine industry regions of the state.

(3) The term of office for a member is three years, but a member
serves at the pleasure of the Governor. Before the expiration of a term,
the Governor shall appoint a successor whose term begins on January 1
next following. A member is eligible for reappointment.

(4) If a vacancy occurs on the board, the Governor shall appoint a
qualified person to serve the unexpired term.

(5) A person appointed to the board must have:

(a) Expertise and experience in the Oregon wine grape growing or
wine making industries; and

(b) A demonstrated ability and disposition to serve the state's
interests regarding all aspects of the Oregon wine grape growing and wine
making industries, including but not limited to the various types and
sizes of wine grape growing and wine making operations, grape varieties
and growing regions within the state.

(6) A member of the board must maintain the following
qualifications during the term of office:

(a) Be a bona fide resident of the state or an officer or principal
owner of an entity organized or registered to do business in this state.

(b) Have a demonstrated interest in the positive development of the
Oregon wine industry.

(c) Be actively engaged in wine grape growing or wine making.

(7) The members of the board shall elect a chairperson and
vice-chairperson with duties and powers as determined by the board. [2003
c.797 §3] 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 and wine making within Oregon and supporting the promotion
of Oregon's wine grape growing and wine making industries. The board
shall create and maintain a long term strategic plan and use that plan to
guide the granting and funding decisions of the board. To the extent
practicable, the board shall allocate funds and award grants in a manner
that encourages coordinated, cost-effective projects that are integrated
to implement the board's strategic statewide objectives for the
development of world-class wine grape growing and wine making within
Oregon. [2003 c.797 §7] 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,
agents and advisers, and prescribe their duties;

(2) Appear on the board's own behalf before boards, commissions,
departments or other agencies of municipal or county governments, the
state government or the federal government;

(3) Procure insurance against any losses in connection with
properties of the board in such amounts and from such insurers as may be
necessary or desirable;

(4) Accept donations, grants, bequests and devises, conditional or
otherwise, of money, property, services or other things of value,
including the interest or earnings thereon but excluding corporate stock,
that may be received from a government agency or a public or private
institution or person, to be held, used or applied for any or all of the
purposes specified in ORS 576.750 to 576.775 in accordance with the terms
and conditions of the donation, grant, bequest or devise;

(5) Organize, conduct, sponsor, cooperate with and assist the
private sector and other state agencies in the conduct of conferences and
tours relating to the wine grape growing and wine making industries;

(6) Provide and pay for advisory services and technical assistance
that the board finds necessary or desirable; and

(7) Exercise any other powers necessary for the operation and
functioning of the board under ORS 576.750 to 576.775. [2003 c.797 §5;
2005 c.22 §405] 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 grown in this state.
Wines collected in the state wine cellar may be:

(1) Held as standards to compare against other wines to develop and
improve Oregon viticultural and enological practices.

(2) Sold to state governmental agencies for service at official
governmental entertainment functions.

(3) Sold to the Governor and to the administrative heads of state
agencies on official government business to present as gifts when
required by protocol or social custom.

(4) Displayed and offered for tasting in connection with
promotional campaigns to encourage the purchase of Oregon wines. [1985
c.117 §2; 2003 c.797 §26] (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 576.775.

(2) Notwithstanding ORS 182.460 and 576.753 (1), employees of the
Oregon Wine Board are not eligible for inclusion within the Public
Employees Retirement System. [2003 c.797 §6; 2005 c.22 §406] (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 board and a description of the
progress made in implementing the statewide strategic objectives of the
board during the most recent biennium.

(2) Notwithstanding ORS 182.462:

(a) The board shall prepare and submit annual plans and a budget
recommended by the board for promotion and for research during the next
fiscal year.

(b) The board shall adopt rules specifying the procedures, criteria
and timelines for the preparation and approval of the annual plans and
budget for promotion and for research.

(c) The Director of the Economic and Community Development
Department shall review the budget and plans submitted under this
section. In reviewing the annual plans and budget, the director shall
consider whether the information supplied by the board is factual and
consistent with ORS 576.750 to 576.775 and the positive development of
the Oregon wine grape growing and wine making industries. The director
shall either approve the budget and plans prior to the commencement of
the next fiscal year or disapprove and return the budget and plans to the
board with conditions necessary for approval prior to the commencement of
the next fiscal year. In reviewing the budget and plans, the director may
consult with and receive coordinated support from:

(A) The State Department of Agriculture;

(B) The Oregon Tourism Commission;

(C) The Department of Higher Education;

(D) The Department of Community Colleges and Workforce Development;
and

(E) The Oregon Liquor Control Commission. [2003 c.797 §11; 2005
c.22 §407](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 the sale or provision of the grape product and pay the tax imposed
under ORS 473.045 (5).

(2) A person or winery required to pay a tax under ORS 473.045 (5)
shall keep accurate records sufficient to enable the Oregon Liquor
Control Commission to determine by inspection and audit the accuracy of
the taxes paid or due the Oregon Wine Board and of reports made or due to
the commission.

(3) The commission or a designee of the commission may inspect and
audit the records referred to in subsection (2) of this section for the
purpose referred to in subsection (2) of this section.

(4) A person or winery may not refuse to permit an inspection and
audit under subsection (3) of this section during business hours.

(5) In addition to the penalties prescribed in ORS 473.992, a
person or winery that delays transmittal of tax payments under ORS
473.045 (5) beyond the due date specified in ORS 473.045 shall pay five
percent of the overdue amount for the first full or partial month of
delay and one percent of the overdue amount for each full or partial
month of delay thereafter.

(6) If a winery willfully refuses to turn over tax moneys withheld
under ORS 473.045 (5), the winery shall pay an additional amount equal to
twice the amount of the tax moneys not turned over. [2003 c.797 §8] 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 board
under ORS 182.470 and are continuously appropriated to the board as
provided in ORS 182.470, exclusively for use by the board in carrying out
the provisions of ORS 576.750 to 576.775. The board shall allocate a
portion of the moneys received from sources other than fees toward
research in enology and viticulture and toward promotion of the Oregon
wine grape growing and wine making industries, including administrative
costs associated with either category. [2003 c.797 §10; 2005 c.22 §408]GINSENG GROWERS AND DEALERSAs 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 of artificial structures or under
natural shade, and that is cultivated by a person.

(2) "Dealer" means a person who buys cultivated ginseng for the
purpose of resale, but does not include a person who buys root of
cultivated ginseng for the purpose of retail sale to consumers in the
United States.

(3) "Ginseng" means any part of the plant known as American Ginseng
(Panax quinquefolius L.), including plants, whole roots, essentially
intact roots and root chunks and slices, but excluding root hairs,
extracts, derivatives, leaves, stems, flowers and seeds.

(4) "Grower" means any person who grows and sells cultivated
ginseng. [1997 c.9 §1]Note: 576.800 to 576.815 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 576 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (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 Department of Agriculture.

(2) No person required by subsection (1) of this section to obtain
a license shall fail to comply with this section and ORS 576.810 or any
rule adopted pursuant thereto. [1997 c.9 §2]Note: See note under 576.800. 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 act as ginseng growers or
dealers. The system shall include, but not be limited to, provisions:

(1) Prescribing the form and content of, and the times and
procedures for submitting, an application for license issuance or renewal.

(2) Prescribing the term of the license and the fee for original
issuance and renewal of the license in an amount that does not exceed the
cost of administering the licensing system.

(3) Prescribing such certification requirements as may be necessary
to promote or allow the sale of ginseng in interstate or international
commerce.

(4) Establishing an advisory committee to provide assistance to the
department in the administration of ORS 576.800 to 576.810. [1997 c.9 §3;
1999 c.105 §4]Note: See note under 576.800.
(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 person has violated any provision of ORS 576.805 or 576.810 or any
rule adopted pursuant thereto.

(2) In addition to any other liability or penalty provided by law,
the Director of Agriculture may impose a civil penalty on a person for
violation of any provision of ORS 576.805 or 576.810 or any rule adopted
pursuant thereto. The civil penalty for a first violation shall be a fine
of not more than $1,000. Upon a second violation, the department may
impose a fine of not more than $2,000.

(3) The department shall adopt by rule a schedule establishing the
amount of civil penalty that may be imposed for a particular violation.

(4) All penalties recovered under this section shall be deposited
by the State Treasurer in the Department of Agriculture Service Fund. The
moneys are continuously appropriated to the department for the purpose of
carrying out ORS 576.805 and 576.810. [1997 c.9 §6]Note: See note under 576.800. 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 Fund.
The moneys are continuously appropriated to the department for the
purpose of carrying out the provisions of ORS 576.805 and 576.810. [1999
c.105 §2]Note: 576.821 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 576 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.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, upon conviction, by a fine of not more than $500, or by
imprisonment in the county jail for not more than 90 days, or both.

(3) Justice courts shall have concurrent jurisdiction with circuit
courts in all prosecutions under ORS 576.051 to 576.455.

(4) Violation of ORS 576.805 is a misdemeanor. [1953 c.489 §38;
subsection (1) enacted as 1955 c.572 §6; subsection (4) of 1957
Replacement Part enacted as 1957 c.447 §19; subsection (5) of 1957
Replacement Part enacted as 1957 c.447 §17; 1959 c.596 §81; subsection
(2) enacted as 1967 c.388 §3; 1983 c.740 §224; subsection (4) of 1997
Edition enacted as 1997 c.9 §5; 1999 c.1051 §203]Note: 576.991 (4) was enacted into law by the Legislative Assembly
but was not added to or made a part of ORS chapter 576 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.

_______________

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