As used in this chapter, unless the context
requires otherwise:
(1) "Beef" includes veal.
(2) "Council" means the Oregon Beef Council.
(3) "Department" means the State Department of Agriculture.
(4) "Director" means the Director of Agriculture.
(5) "Fiscal year" means the fiscal year commencing on July 1 and
ending on June 30.
(6) "Producer" means any person who raises, breeds or grows cattle
or calves for beef or dairy production. [1959 c.685 §2; 1977 c.198 §17] (1) It is
hereby declared, as a matter of legislative determination, that this
chapter is enacted in the exercise of the power of this state for the
purposes of protecting and furthering the public health and welfare. It
is further declared that the cattle industry of this state is affected
with a public interest in that, among other things:
(a) The production, processing, manufacture and distribution of
beef and beef products constitute a paramount industry of this state
which not only provides substantial and required revenues for the state
and its political subdivisions, and employment and a means of livelihood
for many thousands of its population, but also furnishes essential foods
that are vital to the public health and welfare.
(b) The stabilization, maintenance and expansion of the cattle
industry of Oregon, and of the state, nationwide and foreign markets for
its products, are necessary to assure the consuming public an adequate
supply of foods which are indispensable in a proper human diet, to
protect, for the state and its political subdivisions, a necessary source
of tax revenue, to provide and maintain an adequate standard of living
for a great segment of the population of this state, to maintain proper
wage scales for those engaged in the cattle industry and to maintain
existing employment.
(c) The essentiality of beef and beef products in a proper human
nutrition and to the maintenance of a high level of public health is such
as to require that the public be made thoroughly aware thereof, and be
protected against misrepresentation and deception, by the dissemination
of accurate and scientific information relative to the healthful
qualities of beef and beef products, their various classifications and
the food values and industrial and medicinal uses thereof, the methods,
care and precautions necessary to their proper production, processing,
manufacture and distribution, and the necessary costs and expenses
thereof, and the necessity and desirability on the part of the public of
using and consuming beef and beef products of the highest standards of
quality.
(2) The purposes of this chapter are:
(a) To enable the cattle industry, with the aid of the state, to
develop, maintain and expand the state, nationwide and foreign markets
for beef and beef products produced, processed or manufactured in this
state, and the use and consumption of such beef and beef products therein.
(b) In aid, but not in limitation, of the purpose in paragraph (a)
of this subsection, to authorize and enable the Oregon Beef Council to
formulate and effectuate, directly or in cooperation with other agencies
and instrumentalities specified in this chapter, sales stimulation and
consumer or other educational programs designed to increase the use and
consumption of beef and beef products and to conduct research, education
and information programs related to the cattle industry.
(c) To provide funds for the administration and enforcement of this
chapter by voluntary contributions to be collected in the manner
prescribed in this chapter. [1959 c.685 §1; 1997 c.156 §2] (1) The State
Department of Agriculture shall:
(a) Monitor the practices or methods used or proposed for use by
the Oregon Beef Council in carrying out the goals and needs disclosed by
the budget of the council;
(b) Promote cooperation among the council, commodity commissions
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 this
chapter, including the appointment and removal of members of the council;
(d) Review budgets submitted to the Director of Agriculture by the
council; and
(e) Adopt rules to carry out the provisions of this chapter.
(2) The department shall review, and may approve or disapprove,
plans and projects recommended by the council for beef promotion,
advertising and research and for the dissemination of consumer and beef
industry information. In reviewing plans and projects recommended by the
council, the department shall consider whether the plan or project
information is:
(a) Factual;
(b) Not disparaging to agricultural commodities; and
(c) Consistent with the purposes of this chapter. [2003 c.604 §55] (1) As used in
this section:
(a) "Beef producers" means persons who raise, breed or grow cattle
or calves for beef production.
(b) "Dairy producers" means persons engaged in the production on a
dairy farm of fluid milk.
(c) "Handler" means a person actively engaged in the processing,
slaughtering, handling or marketing of cattle.
(2) There hereby is created the Oregon Beef Council composed of:
(a) Two dairy producers.
(b) Three beef producers.
(c) One person actively engaged in the business of feeding cattle
and usually operating a feedlot.
(d) One handler.
(e) One public member not associated with the producing, feeding or
handling of cattle and having an active interest in the positive economic
development of the beef industry.
(3) The Director of Agriculture shall appoint the voting members of
the council. In making such appointments, the director shall take into
consideration nominations and recommendations made to the director by
organizations who represent or who are engaged in the same type of
production or business as the person so nominated or recommended for
appointment as a member of the council. Each member shall continue in
office until a successor is appointed and qualified.
(4) The director, or a duly authorized representative of the
director, and the Dean of the College of Agricultural Sciences of Oregon
State University, or a duly authorized representative of the dean, shall
be ex officio members of the council, without the right to vote.
(5) The public member of the council, the director and the dean, or
the authorized representative of the director or the dean, are not
subject to the requirements of ORS 577.220 (3) and (4) and 577.240 (1).
[1959 c.685 §3; 1977 c.198 §18; 1995 c.79 §312; 2003 c.604 §60]Note: The amendments to 577.210 by section 61, chapter 604, Oregon
Laws 2003, become operative March 1, 2009. See section 62, chapter 604,
Oregon Laws 2003. The text that is operative on and after March 1, 2009,
is set forth for the user's convenience.
577.210. (1) As used in this section:
(a) "Beef producers" means persons who raise, breed or grow cattle
or calves for beef production.
(b) "Dairy producers" means persons engaged in the production on a
dairy farm of fluid milk.
(c) "Handler" means a person actively engaged in the processing,
slaughtering, handling or marketing of cattle.
(2) There hereby is created the Oregon Beef Council composed of:
(a) Two dairy producers.
(b) Three beef producers.
(c) One person actively engaged in the business of feeding cattle
and usually operating a feedlot.
(d) One handler.
(3) The Director of Agriculture shall appoint the voting members of
the council. In making such appointments, the director shall take into
consideration nominations and recommendations made to the director by
organizations who represent or who are engaged in the same type of
production or business as the person so nominated or recommended for
appointment as a member of the council. Each member shall continue in
office until a successor is appointed and qualified.
(4) The director, or a duly authorized representative of the
director, and the Dean of the College of Agricultural Sciences of Oregon
State University, or a duly authorized representative of the dean, shall
be ex officio members of the council, without the right to vote.
(5) The director and the dean, or the authorized representative of
the director or the dean, are not subject to the requirements of ORS
577.220 (3) and (4) and 577.240 (1). Each member of the Oregon Beef
Council shall have the following qualifications which shall continue
during a term of office:
(1) Each shall be a citizen of the United States.
(2) Each shall be a bona fide resident of the state.
(3) Each shall have demonstrated through membership in a producer's
organization or an organization representing this type of production or
business, or public service or otherwise, an active interest in the
development of the beef industry in Oregon.
(4) Each shall have been actively engaged in the type of production
or business which the member will represent on the council, for a period
of at least five years, and shall derive a substantial proportion of
income from that type of production or business. [1959 c.685 §4] (1) The Director of Agriculture shall
appoint members on the Oregon Beef Council, as far as practicable and
possible, from the various geographical areas of the state.
(2) Upon the expiration of the term of a member of the council, a
successor shall be appointed for a term of three years, except in case of
a vacancy, when the appointee shall serve the unexpired part of the term
of the member, the appointee replaced. [1959 c.685 §5; 1977 c.198 §19] The Director of
Agriculture shall immediately declare the office of any member of the
Oregon Beef Council vacant whenever the director finds that:
(1) The member no longer is actively engaged in the type of beef or
dairy production or business the member was engaged in at the time of
appointment;
(2) The member has become a resident of another state; or
(3) The member is unable to perform the duties of the office. [1959
c.685 §6; 1977 c.198 §20] (1) The Director of Agriculture may
remove any member of the Oregon Beef Council for inefficiency, neglect of
duty or misconduct in office, after a public hearing thereon 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, and findings thereon, together with a record of the entire
proceedings had in connection therewith. [1959 c.685 §7; 1977 c.198 §21] Members, officers and employees of the
Oregon Beef Council may receive their actual and necessary travel and
other expenses incurred in the performance of their official duties. The
council shall adopt uniform and reasonable regulations governing the
incurring and paying of such expenses. [1959 c.685 §8] (1) The Oregon Beef Council shall establish
a meeting place anywhere within this state, but the selection of the
location shall be guided by consideration for the convenience of the
majority of those most likely to have business with the council or be
affected by the acts of the council.
(2) Notwithstanding subsection (1) of this section, the council may
participate in meetings outside the state for the purpose of advancing
the work of the council. [1959 c.685 §9; 2003 c.604 §63] The Oregon Beef Council shall meet as soon as
practicable for the purpose 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 council. Thereafter,
the council 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 council. [1959 c.685 §10] (1) The Oregon Beef Council
may:
(a) Conduct scientific research to discover and develop the
commercial value of beef and products thereof.
(b) Disseminate reliable information founded upon the research
undertaken under this chapter, showing the value of beef and its products
for any purpose for which they may be found useful and profitable.
(c) Study legislation, state and federal, with respect to tariffs,
duties, reciprocal trade agreements, import quotas and other matters
concerning the effect on the beef industry, and represent and protect the
interests of the beef industry with respect to any legislation or
proposed legislation or executive action which may affect that industry.
(d) Act jointly and in cooperation with the federal government or
any agency thereof in the administration of any program of the government
or a governmental agency deemed by the council to be beneficial to the
beef industry of this state, and expend funds in connection therewith,
provided that such program is compatible with the powers conferred by
this chapter.
(e) Enter into contracts for advertising beef and to develop new
markets through such advertising.
(f) Develop plans or projects of promotion and advertising,
research, consumer information and industry information, and develop
programs that will lead to the development of new markets, marketing
strategies, increased efficiency and activities to enhance the image of
the cattle industry.
(2) In addition to exercising the powers listed in subsection (1)
of this section, the council may exercise the same powers that a
commodity commission may exercise under ORS 576.304. [1959 c.685 §11;
1997 c.156 §1; 2003 c.604 §64]The Oregon Beef Council shall:
(1) Adopt a budget, obtain budget approval and submit financial
statements in the same manner as a commodity commission acting under ORS
576.416.
(2) Receive, deposit, invest, expend and budget moneys in the same
manner as a commodity commission acting under ORS 576.375, 576.420,
576.440 and 576.445. [2003 c.604 §54] The Oregon Beef Council may
accept grants, donations, contributions or gifts, from any source, for
expenditures for any purpose consistent with the powers conferred on the
council. [1959 c.685 §12] From the contributions
it receives, the Oregon Beef Council may pay 20 percent of such moneys to
the National Livestock and Meat Board and 20 percent of such moneys to
the National Beef Council to carry out certain work and programs for and
as approved by the council on a national basis. [1959 c.685 §14; 2003
c.604 §65] (1) Upon request by the Oregon Beef
Council, the Oregon Department of Administrative Services may provide the
same services that the department may provide to a commodity commission
under ORS 576.307.
(2) The council 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 the department for the costs
necessary to perform such services.
(3) Upon request by the council, the Oregon Department of
Administrative Services may design and supervise the installation of an
accounting system for the council. The council shall pay to the Oregon
Department of Administrative Services such amount for services performed
by that department under this subsection as such department determines is
adequate to reimburse it for the costs necessary to perform such
services. [1959 c.685 §25; 1967 c.419 §36; 1993 c.500 §49; 1995 c.79
§313; 2003 c.604 §66]The Oregon Beef Council may elect to furnish
services, facilities and materials to commodity commissions created under
ORS 576.051 to 576.455, the Oregon Wheat Commission or other state
agencies and officers under ORS 283.110. [1959 c.685 §26; 2003 c.604 §67]
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 the Oregon Beef Council or to the administration
and enforcement of this chapter. [1959 c.685 §29](1) Wages or salaries of employees of
the Oregon Beef Council 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) The council 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
the council an assessment or fee to reimburse the department for
supervisory or administrative functions the department is required by law
to perform with regard to the council. The State Department of
Agriculture shall establish the amount of the assessment or fee by rule.
[2003 c.604 §57] (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) The Oregon Beef Council may, consistent with the purposes of
the council, develop intellectual property that relates to beef or
assists in the implementation, maintenance or development of council
programs. The council 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. The council may adopt
rules to govern the ownership, management, disposal and use of
intellectual property and other activities of the council relating to
intellectual property.
(3) Moneys received by the council as a result of the ownership,
management, disposal or use of intellectual property, or other activities
of the council relating to intellectual property, must be deposited to an
account established and maintained by the council. [2003 c.604 §56](1) If the United States Secretary of
Agriculture orders an assessment pursuant to the Beef Promotion and
Research Act of 1985, 7 U.S.C. 2901 to 2918, that applies to sales of
cattle in this state, the Oregon Beef Council may act pursuant to any
authority granted under that order to provide for collection of the
assessment. The council may order the collection of an assessment under
this subsection only on cattle sold for payment that are subject to the
federal assessment order and for which the assessment has not otherwise
been paid. The council may collect the federal assessment on cattle that
are exempt from the brand inspection fee under ORS 604.066 (3).
(2) In addition to any assessment collected under subsection (1) of
this section or any fee for brand inspection services, the council, by
rule, shall levy an assessment of not less than 50 cents per head and not
more than $1 per head, on the same cattle, cattle hides and calves for
which the council makes brand inspections and collects brand inspection
fees. Moneys from the assessments are continuously appropriated to the
council for expenditure as provided in ORS 577.295 and 577.532.
(3) The operator of a stockyard, slaughterhouse, packing plant or
livestock auction market shall deduct any assessment ordered collected by
the council pursuant to subsection (1) or (2) of this section from the
proceeds of sale owed to the operator by the owner of an animal. The
operator shall pay the assessment to the State Department of Agriculture.
When the operator provides a written statement of sale proceeds to the
owner of an animal, the operator shall include a statement of the amount
deducted from the proceeds for state and federal assessments and for
brand inspection services.
(4) The department shall act as agent for the council to collect
any assessment ordered collected by the council pursuant to subsection
(1) or (2) of this section and any brand inspection fees on cattle or
cattle hides adopted by department rule pursuant to ORS 604.066. The
department shall collect any assessment that the council orders collected
under subsection (1) or (2) of this section in the same time, manner and
place that the department collects brand inspection fees on cattle,
cattle hides and calves. This subsection does not apply to:
(a) Cattle and calves leaving this state solely for the purpose of
pasturing in another state;
(b) Cattle presented at a recognized livestock show or rodeo;
(c) Cattle presented at a livestock auction market but not sold;
(d) Cattle delivered outside this state, provided ownership of the
cattle remains unchanged;
(e) Cattle slaughtered for personal consumption; and
(f) Cattle resold within 10 days after purchase.
(5) The department shall transfer or pay to the council, not less
frequently than once every two months, the amounts collected by the
department on behalf of the council, reduced by:
(a) The collection and administrative costs to the department in
carrying out the requirements of this section, as determined by the
department; and
(b) Refunds by the department of amounts improperly collected under
this section.
(6) A person who believes that an assessment collected from the
person under this section is incorrect may apply to the department for a
refund not later than 60 days after the department collects the
assessment.
(7) To the extent consistent with this section, the council shall
assess, levy and collect an assessment under this section using the same
process used by a commodity commission under ORS 576.325 for the
assessment, levying and collection of an assessment on an agricultural
commodity. [2003 c.604 §51 (enacted in lieu of 577.511); 2005 c.623 §2] (1) The operators of all
stockyards, slaughterhouses, packing plants and livestock auction markets
shall deduct from the proceeds of sale owing by them to the respective
owners of animals the assessments authorized by ORS 577.512.
(2) When an operator sends or gives any written statement to an
owner or agent relating to the proceeds owing the owner, the operator
shall include a statement of the amount deducted from the proceeds for
Oregon Beef Council purposes, the amount deducted from the proceeds for
federal assessments, and the amount deducted from the proceeds for brand
inspection services.
(3) In accordance with the provisions of law, operators shall
promptly pay directly to the State Department of Agriculture all
contributions collected by them. [1959 c.685 §27; 1961 c.384 §2; 1963
c.590 §2a; 1981 c.248 §23; 1987 c.163 §2; 2003 c.604 §68]The Oregon Beef Council 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 §53] Expenditures
by the Oregon Beef Council of moneys received from the assessment levied
under ORS 577.512 (2) shall include, at a minimum, the following:
(1) An amount equal to 10 cents for each head of cattle assessed to
be expended for funding selected research projects related to rangeland.
The council shall make the research moneys available to Oregon State
University, except that if the council determines that the university is
unable to conduct the research, the council may select an alternative
creditable institution. The council shall select the research projects
after consultation with representatives of beef and dairy associations.
(2) An amount equal to 10 cents for each head of cattle assessed to
be expended for funding selected research projects related to cattle
production. The council shall make the research moneys available to
Oregon State University, except that if the council determines that the
university is unable to conduct the research, the council may select an
alternative creditable institution. The council shall select the research
projects after consultation with representatives of beef and dairy
associations.
(3) An amount equal to 10 cents for each head of cattle assessed to
be expended for funding projects to promote and project a positive image
of beef and dairy producers and operations to the public. The projects
may include, but need not be limited to, videos for television, brochures
and printed reports. The council shall select the projects after
consultation with representatives of beef and dairy associations. The
council shall present the completed projects to the representatives for
review prior to disseminating the projects to the public.
(4) An amount equal to 10 cents for each head of cattle assessed to
be expended for carrying out council activities described in ORS 577.290
(1)(c).
(5) An amount equal to 10 cents for each head of cattle assessed,
or the assessment amount remaining after deduction of the amounts
described in subsections (1) to (4) of this section, whichever is less,
to be expended by the council for administrative costs to carry out
programs involving the projects or activities described in subsections
(1) to (4) of this section. [2005 c.623 §1]Note: 577.532 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 577 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.Any person authorized by the Oregon Beef Council to
receive or disburse moneys as provided in this chapter shall file with
the council a fidelity bond executed by a surety company authorized to do
business in this state. The bond must be in an amount equal to the
maximum amount of moneys the council determines the person will have
subject to control at any one time and upon such conditions as the
council shall prescribe. The council shall pay the cost of the bond.
[1959 c.685 §17; 2005 c.22 §410](1) Violation of ORS 577.520 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.
(2) Justice courts have concurrent jurisdiction with circuit courts
in all prosecutions under this section. [2003 c.604 §58]
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