As used in this chapter, unless the context
requires otherwise:
(1) "Commercial channels" means the sale of wheat for use as food,
feed, seed, or any industrial or chemurgic use, when sold to any
commercial buyer, dealer, processor, cooperative, or to any person,
public or private, who resells any wheat or product produced from wheat.
(2) "Commission" means the Oregon Wheat Commission.
(3) "Director" means the Director of Agriculture.
(4) "First purchaser" means any person, corporation, association or
partnership that buys wheat from the grower in the first instance, or any
lienholder, public or private, who may possess wheat from the grower
under any lien.
(5) "Grower" means any landowner personally engaged in growing
wheat; a tenant of the landowner personally engaged in growing wheat; and
both the owner and the tenant jointly; and includes a person,
partnership, association, corporation, cooperative, trust, sharecropper,
and any and all other business units, devices and arrangements.
(6) "Sale" includes any pledge or mortgage of wheat, after harvest,
to any person, public or private. [Amended by 1977 c.198 §25] (1) The
Legislative Assembly finds and declares that:
(a) It is in the interest of all the people that the abundant
natural resources of Oregon be protected, fully developed and uniformly
distributed.
(b) The growing of wheat is an agricultural industry that
contributes to the economic welfare of Oregon.
(c) Because a surplus of wheat is grown in this state and, during
recurrent years, that surplus has been in excess of all available
markets, it is necessary that additional markets for wheat be found in
order to provide profitable enterprises for wheat growers and to provide
employment for labor and industry dependent upon wheat.
(2) The purpose of this chapter is to promote the public health and
welfare by providing means for the protection and stabilization of the
wheat industry in this state. [Amended by 2003 c.604 §87] (1) The State
Department of Agriculture shall:
(a) Monitor the practices or methods used or proposed for use by
the Oregon Wheat Commission in carrying out the goals and needs disclosed
by the budget of the commission;
(b) Promote cooperation among the commission, commodity commissions
and the Oregon Beef Council 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
commission;
(d) Review budgets submitted to the Director of Agriculture by the
commission; and
(e) Adopt rules to carry out the provisions of this chapter.
(2) Except as provided in ORS 578.216, the department shall review,
and may approve or disapprove, plans and projects recommended by the
commission for wheat promotion, advertising and research and for the
dissemination of consumer and wheat industry information. In reviewing
plans and projects recommended by the commission, the department shall
consider whether the plan or project information is:
(a) Factual;
(b) Not disparaging to commodities; and
(c) Consistent with the purposes of this chapter. [2003 c.604 §82]Note: The amendments to 578.025 by section 83, chapter 604, Oregon
Laws 2003, become operative March 1, 2009. See section 84, chapter 604,
Oregon Laws 2003. The text that is operative on and after March 1, 2009,
is set forth for the user's convenience.
578.025. The State Department of Agriculture shall:
(1) Monitor the practices or methods used or proposed for use by
the Oregon Wheat Commission in carrying out the goals and needs disclosed
by the budget of the commission;
(2) Promote cooperation among the commission, commodity commissions
and the Oregon Beef Council and assist in the interchange of information
and experience among those entities;
(3) Carry out the assigned organizational procedures under this
chapter, including the appointment and removal of members of the
commission;
(4) Review budgets submitted to the Director of Agriculture by the
commission; and
(5) Adopt rules to carry out the provisions of this chapter.'
(1) There hereby is
created the Oregon Wheat Commission consisting of eight members. The
Director of Agriculture shall appoint six voting commission members for
terms of four years. One member appointed by the director must be a
member of the public not associated with the production or handling of
wheat and having an active interest in the positive economic development
of the wheat industry. In making the other five appointments of voting
members of the commission the director shall take into consideration any
nominations or recommendations made to the director by growers or
growers' organizations.
(2) 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, without vote, of the commission. [Amended by 1959
c.596 §35; 1977 c.198 §26; 1995 c.79 §315; 2003 c.604 §88]Note: The amendments to 578.030 by section 89, chapter 604, Oregon
Laws 2003, become operative March 1, 2009. See section 90, chapter 604,
Oregon Laws 2003. The text that is operative on and after March 1, 2009,
is set forth for the user's convenience.
578.030. (1) There hereby is created the Oregon Wheat Commission
consisting of seven members. The Director of Agriculture shall appoint
five voting commission members for terms of four years. In making the
appointments of voting members of the commission the director shall take
into consideration any nominations or recommendations made to the
director by growers or growers' organizations.
(2) 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, without vote, of the commission. (1) The voting members of the
Oregon Wheat Commission shall be selected and appointed because of their
ability and disposition to serve the state's interest and their knowledge
of the state's natural resources. Voting members other than the member of
the public must be citizens residing in this state, who have been
actually engaged in growing wheat in this state for at least five years.
(2) Three of the members shall be residents of and have farming
operations in that part of the Columbia Basin comprising the following
counties: Umatilla, Morrow, Gilliam, Sherman, Wasco and Jefferson. One of
the members shall be a resident of and have a farming operation in the
territory comprised of the other counties lying east of the summit of the
Cascade Mountains. One member shall be a resident of and have a farming
operation in the territory lying west of the summit of the Cascade
Mountains. [Amended by 2003 c.604 §92]Note: The amendments to 578.040 by section 93, chapter 604, Oregon
Laws 2003, become operative March 1, 2009. See section 94, chapter 604,
Oregon Laws 2003. The text that is operative on and after March 1, 2009,
is set forth for the user's convenience.
578.040. (1) The voting members of the Oregon Wheat Commission
shall be selected and appointed because of their ability and disposition
to serve the state's interest and their knowledge of the state's natural
resources. Voting members must be citizens residing in this state, who
have been actually engaged in growing wheat in this state for at least
five years.
(2) Three of the members shall be residents of and have farming
operations in that part of the Columbia Basin comprising the following
counties: Umatilla, Morrow, Gilliam, Sherman, Wasco and Jefferson. One of
the members shall be a resident of and have a farming operation in the
territory comprised of the other counties lying east of the summit of the
Cascade Mountains. One member shall be a resident of and have a farming
operation in the territory lying west of the summit of the Cascade
Mountains. (1) A member
is removable by the Director of Agriculture for cause after being given a
copy of written charges and an opportunity to be heard publicly. In
addition to all other causes, ceasing to be a resident of this state or
to be actually engaged in growing wheat therein is sufficient cause for
removal.
(2) Members, officers and employees of the Oregon Wheat 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 rules governing the incurring and
paying of such expenses. [Amended by 1959 c.596 §36; 1977 c.198 §27] The Oregon Wheat
Commission shall elect a chairperson and may employ a secretary who is
not a member of the commission. (1) The Oregon Wheat Commission
shall meet at least once every three months regularly and at such other
times as called by the chairperson. The chairperson may call special
meetings of the commission at any time.
(2) The commission may participate in meetings outside this state
for the purpose of advancing the work of the commission. [Amended by 2003
c.604 §95] (1) Consistent with the
general purposes of this chapter, the Oregon Wheat Commission shall
establish the policies to be followed in the accomplishments of such
purposes.
(2) In the administration of this chapter the commission has the
following duties, authorities and powers:
(a) To conduct a campaign of research, education and publicity.
(b) To find new markets for wheat and wheat products.
(c) To give, publicize and promulgate reliable information showing
the value of wheat and wheat products for any purpose for which it is
found useful and profitable.
(d) To make public and encourage the widespread national and
international use of the special kinds of wheat and wheat products
produced from the special varieties of wheat grown in Oregon.
(e) To investigate and participate in studies of the problems
peculiar to the producers of wheat in Oregon.
(f) To take such action as the commission deems necessary or
advisable in order to stabilize and protect the wheat industry of the
state and the health and welfare of the public.
(g) To lease, purchase or own the real or personal property deemed
necessary in the administration of this chapter.
(h) To establish a reasonable per diem allowance, in addition to
expenses under ORS 578.060, to members of the commission while actually
engaged in the performance of their official duties, including necessary
travel time.
(3) In addition to exercising the powers listed in subsection (2)
of this section, the commission may exercise the same powers that a
commodity commission may exercise under ORS 576.304. [Amended by 1959
c.596 §37; 1977 c.198 §28; 2003 c.604 §96] The
Oregon Wheat Commission may accept grants, donations and gifts of funds
from any source for expenditure for any purposes consistent with this
chapter which may be specified as a condition of any grant, donation or
gift. [Amended by 1959 c.596 §38] (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 Wheat Commission may, consistent with the purposes
of the commission, develop intellectual property that relates to wheat or
assists in the implementation, maintenance or development of commission
programs. The 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. The commission
may 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 the commission as a result of the 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. [2003 c.604 §85]The administrator and any other
person authorized to receive or disburse moneys received by the Oregon
Wheat Commission 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, in either case in favor of the commission and the State
of Oregon, in such amount equal to the maximum amount of moneys the
commission determines such person will have subject to the control of the
person at any one time and upon such conditions as the commission shall
prescribe. The cost of the bond or letter of credit shall be paid by the
commission. [Amended by 1959 c.596 §39; 1991 c.331 §87; 1997 c.631 §501] The Oregon
Wheat Commission shall appoint an administrator, who shall devote full
time to the administration of this chapter. The administrator is an ex
officio member, without vote, of the commission. The administrator shall
proceed immediately to prepare the plans and general program necessary
and adequate to carry out the policies that are adopted by the
commission. The administrator shall be paid the salary fixed by the
commission. [Amended by 1959 c.596 §40] For the
convenience of the majority of those most likely to be affected in the
administration of this chapter, the administrator, upon recommendation of
the Oregon Wheat Commission, may establish and maintain an office for the
administrator, at any place the commission selects.(1) Wages or salaries of
employees of the Oregon Wheat Commission 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 commission 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 commission 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 commission. The department shall establish
the amount of the assessment or fee by rule. [2003 c.604 §86]The Oregon
Wheat Commission 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 §72 (enacted in lieu of 578.150)](1) ORS 576.307 is applicable to the
Oregon Wheat Commission.
(2) The Oregon Wheat Commission may elect to furnish services,
facilities and materials to commodity commissions created under ORS
576.051 to 576.455, the Oregon Beef Council or other state agencies and
officers under ORS 283.110. [1959 c.596 §49; 2003 c.604 §97]Except as otherwise provided in this chapter, 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 Wheat Commission or to the administration and
enforcement of this chapter. [1959 c.596 §50]The Oregon Wheat 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 §74
(enacted in lieu of 578.180)] The Oregon Wheat
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. [1959 c.596 §§46,84; 1973 c.794 §32](1)(a) The Oregon Wheat Commission may assess, levy and collect an
assessment, the amount of which the commission shall determine, on all
units of wheat grown or produced in this state and sold in commercial
channels. The commission may not apply an assessment to any transaction
that occurred prior to the date that the commission order assessing the
assessment was entered.
(b) The commission may assess, levy and collect a differential
assessment, the amount of which the commission shall determine, based on
the intended use, type or variety of wheat.
(c) All casual sales of wheat made by the producer direct to the
consumer are exempt from the assessment.
(d) The commission may, by rule, define and regulate handling,
processing and casual sales.
(2) The commission shall assess and levy an assessment under
subsection (1) of this section to the producer at the time and in the
manner prescribed by the commission by rule. The commission is the owner
of a collected assessment. A person who collects an assessment holds the
assessment in trust for the benefit of the commission and the state and
shall remit the assessment in the time and manner prescribed by the
commission by rule. The assessment shall be deducted as provided by this
section whether the wheat is stored in this or another state.
(3) A lienholder who possesses wheat under the lien shall deduct
the assessment from the proceeds of the claim secured by the lien when
the wheat is pledged or mortgaged.
(4) Notwithstanding subsection (2) of this section, the commission
may assess and levy an assessment and collect an assessment from a first
purchaser at the time and in the manner prescribed by the commission by
rule.
(5) A person who believes that the amount of an assessment is
incorrect may apply to the commission within 60 days after paying the
assessment for a refund of the excess amount paid.
(6) An assessment under this section is a lien on the wheat and has
priority over other liens or encumbrances on the wheat except liens
created by a statute of this state.
(7) The commission may, by rule, establish exemptions from
assessment based on:
(a) Wheat quantities;
(b) Types of wheat sale; and
(c) Types of wheat producer. [2003 c.604 §76 (enacted in lieu of
578.210)](1) In addition to any refund permitted under ORS 578.211, the
Oregon Wheat Commission may adopt rules that provide for the commission
to refund all or part of an assessment on wheat upon request of the
person paying the assessment. A rule adopted under this subsection may
not provide for the commission to refund less than the portion of the
assessment used by the commission for advertising and product promotion.
(2) If the commission adopts rules pursuant to subsection (1) of
this section, plans and projects recommended by the commission are exempt
from State Department of Agriculture review and approval or disapproval
under ORS 578.025 (2). [2003 c.604 §77]Note: The amendments to 578.216 by section 78, chapter 604, Oregon
Laws 2003, become operative March 1, 2009. See section 79, chapter 604,
Oregon Laws 2003. The text that is operative on and after March 1, 2009,
is set forth for the user's convenience.
578.216. In addition to any refund permitted under ORS 578.211, the
Oregon Wheat Commission may adopt rules that provide for the commission
to refund all or part of an assessment on wheat upon request of the
person paying the assessment. A rule adopted under this subsection may
not provide for the commission to refund less than the portion of the
assessment used by the commission for advertising and product promotion.(1) A person required to pay an assessment to the Oregon
Wheat Commission shall keep records in the same manner as required by ORS
576.351 for a person required to pay an assessment to a commodity
commission.
(2) The commission or a person authorized by the commission may
inspect and audit records, issue subpoenas and require payment for the
cost of audits in the same manner as a commodity commission or person
authorized by a commodity commission under ORS 576.351. [2003 c.604 §81
(enacted in lieu of 578.250)] Violation of any of the provisions of this
chapter is punishable, upon conviction, by a fine of not less than $25
nor more than $500, or by imprisonment in the county jail for not less
than 30 nor more than 90 days, or by both. Justice courts have concurrent
jurisdiction with circuit courts in all prosecutions under this chapter.
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