reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.370 - Disputes over assessment amounts; rules governing disputes and establishing assessment periods.

(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.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.375 - Payment of commission moneys to authorized agent; financial transactions.

(1) Moneys a person collects or receives from the assessment levied under the authority of ORS 576.325 and other moneys a commodity commission receives must be paid to the authorized agent of the commission and promptly deposited into an account established by the commission in accordance with ORS 295.001 to 295.108. All moneys in the account are continuously appropriated to the commission that makes the deposit for the purpose of carrying out the commission’s duties, functions and powers.
(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 the commission collects or receives. Investments a commission makes 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 a commission invests 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; 2007 c.871 §29; 2010 c.101 §27; 2019 c.587 §51]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.385 - Bond or letter of credit required of person authorized to receive or disburse commission moneys.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.392 - Cancellation of uncollectible assessment; subsequent collection.

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)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.395 - Books, records and accounts of commission.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.410 - "Fiscal year" defined.

As used in ORS 576.413 to 576.445, "fiscal year":
(1) Except as provided in subsection (2) of this section, means the 12-month period commencing on July 1 and ending on June 30.
(2) If adopted by a commodity commission rule that has taken effect as provided under ORS 576.413, means the 12-month period commencing on January 1 and ending on December 31. [1959 c.596 §21; 2013 c.12 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.413 - Adoption of calendar year as fiscal year.

(1) A commodity commission may adopt a rule allowing the commission to operate using a fiscal year that begins January 1 and ends December 31 each year. A commission shall consult with the Director of Agriculture and the Department of Justice prior to adopting a rule described in this section. A rule described in this section may not take effect unless:
(a) The commission obtains any necessary approvals from taxing authorities to use a fiscal year that begins January 1 and ends December 31 when reporting information;
(b) The commission submits a recommendation regarding any plans and projects for the transition period of July 1 to December 31 to the director for review and approval as described in ORS 576.066; and
(c) Notwithstanding the annual basis requirement in ORS 576.416 (1), the commission prepares, submits for public comment, adopts and receives approval for a budget for the transition period as provided under ORS 576.416 (2) to (7).
(2) A recommendation submitted under ORS 576.066 regarding plans and projects for the transition period must be separately stated and presented for separate review and approval from any recommendation submitted under ORS 576.066 regarding plans and projects for the subsequent fiscal year.
(3) A budget prepared for a transition period must be submitted for public comment, adopted and approved separately from the budget prepared for the subsequent fiscal year. ORS 576.416 and this subsection do not prohibit a commission from submitting a transition period budget and fiscal year budget for separate public comment or adoption at the same public meeting.
(4) This section does not authorize the use of a fiscal year that begins January 1 and ends December 31 by any entity that:
(a) Receives funding from the State Treasury; or
(b) Is subject to budget review or modification by the Legislative Assembly. [2013 c.12 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.420 - Expenditures prohibited unless budget procedure complied with.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.440 - Limitation on expenditures.

(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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.445 - Unforeseen expenditures.

(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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.455 - Moneys of abolished commission.

(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 benefiting 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.595 - Sales are in commercial channels.

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). [1965 c.211 §1; 2003 c.604 §49; 2011 c.597 §236]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.610 - Definitions for ORS 576.610 to 576.650.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.620 - Department to perform mediation services; employees; qualifications.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.630 - Request for mediation; meeting with parties.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.700 - Definitions for ORS 576.700 to 576.710.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.705 - Processors required to pay for commodities within 30 days after delivery; interest on late payments.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.710 - Applicability of ORS 576.705.

ORS 576.705 does not apply to any processor:
(1) That purchases from a producer seed that requires cleaning and germination tests;
(2) That arranges for the production of agricultural seed under a contract that is subject to ORS 576.718 or 576.721;
(3) Of sugar beets whose contract with a producer for sale of the crop provides for profit sharing;
(4) Of fish or seafood products; or
(5) Of meat animals. [1971 c.531 §3; 1975 c.703 §9; 2011 c.356 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.715 - Definitions for ORS 576.715 to 576.744.

As used in ORS 576.715 to 576.744:
(1) "Agricultural seed" means grass seed of a type commonly sold for use in turf lawns or as forage seed.
(2) "Authenticate" has the meaning given that term in ORS 79.0102.
(3) "Producer" means a person that grows agricultural seed in this state on a commercial basis for a seed dealer.
(4) "Seed bailment contract" means a seed production contract under which the seed dealer retains title to all seed, seed stock and plant life grown or used by the producer under the terms of the contract.
(5) "Seed dealer" means a person that in the ordinary course of business contracts to buy agricultural seed grown in this state by a producer or contracts with a producer for the growing of agricultural seed in this state.
(6) "Seed delivery" means the date on which the seed grower delivers grass seed to the seed dealer pursuant to a notice from the dealer.
(7) "Seed grower" means a person that grows grass seed in this state on a commercial basis without entering into a contract with a seed dealer prior to harvesting of the seed.
(8) "Seed production contract" means a written agreement between a producer and a seed dealer for the growing of agricultural seed in this state.
(9) "Seed purchase contract" means a written agreement for a seed dealer to purchase grass seed that has been grown by a seed grower. "Seed purchase contract" does not include a seed production contract.
(10) "Variety Not Stated Seed" means agricultural seed that is sold in unmarked plastic bags or other unmarked containers without any reference to a variety name for the seed. [2011 c.356 §1]
Note:
576.715 to 576.747 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.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.718 - Seed production contract terms.

(1) The following terms apply to seed production contracts:
(a) If the contract does not settle the price of the agricultural seed, the contract is enforceable and the price shall be determined as described in ORS 72.3050 (1) to (3).
(b) Except as provided in ORS 576.721 (1) or (3), payment to the producer is due no later than the earliest of the following:
(A) The dates specified in the contract.
(B) Thirty days after delivery of the seed.
(C) May 1 of the calendar year following the harvesting of the seed.
(c) Unless expressly provided otherwise in a seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the agricultural seed, the risk of loss and the responsibility for the payment of storage fees transfer from the producer to the seed dealer upon the earlier of:
(A) The delivery of the seed to the seed dealer pursuant to a notice from the seed dealer; or
(B) The delivery to the seed dealer of test results establishing that the seed meets quality standards set forth in the contract.
(d) Unless expressly provided otherwise in a seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the agricultural seed, the minimum period for an initial contract is two years. This paragraph does not establish a minimum period for an extension or renewal that follows an initial contract period.
(2) It is an implied condition of any price or payment requirement described in subsection (1) of this section that the producer is performing, or has completed performance, in accordance with the seed production contract and has not otherwise breached the contract.
(3) Except as provided in subsection (5) of this section, a seed production contract described in this section may contain any additional terms agreed to by the parties.
(4) If a seed production contract is extended or renewed, for the extension or renewal period the parties may:
(a) Subject to paragraph (b) of this subsection, continue the terms of the original contract or agree to new or different contract terms; and
(b) Agree to payment due date terms as provided under this section or under ORS 576.721 (3).
(5) A seed production contract may not:
(a) Provide for exclusive venue or jurisdiction in another state;
(b) Provide for the terms of the contract to be interpreted under the laws of another state;
(c) Waive the application of ORS 576.715 to 576.744 to the contract; or
(d) Authorize a unilateral material modification of the contract.
(6) Subject to ORS 72.2010, subsections (1) and (5) of this section also apply to a nonwritten agreement for the production of agricultural seed.
(7) A term in a seed production contract that conflicts with subsection (1) or (5) of this section is void as a matter of public policy. [2011 c.356 §2]
Note:
See note under 576.715.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.721 - Payment due date provisions in contracts authenticated prior to planting.

(1) A seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the agricultural seed may contain payment due date terms that differ from the payment due date terms described in ORS 576.718 (1)(b) if the contract:
(a) Provides for the price of the seed to be determined no later than March 15 of the calendar year following harvesting of the seed;
(b) Requires the seed dealer to make a partial payment no later than March 15 of the calendar year following harvesting of the seed that is at least 40 percent of the full payment amount; and
(c) States the date by which final payment for the seed is due.
(2) If a seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the agricultural seed does not contain each provision, requirement and statement described in subsection (1)(a) to (c) of this section, notwithstanding any contrary payment due date terms stated in the contract, the payment due date terms of the contract are subject to ORS 576.718 (1)(b).
(3) An extension or renewal of any seed production contract, regardless of when the contract was authenticated, may contain payment due date terms that differ from the payment due date terms described in ORS 576.718 (1)(b) if the extension or renewal contains the provision, requirement and statement described in subsection (1)(a) to (c) of this section. If an extension or renewal of a seed production contract does not contain each provision, requirement and statement described in subsection (1)(a) to (c) of this section, notwithstanding any contrary payment due date terms stated in the extension or renewal, the payment due date terms for the extension or renewal are subject to ORS 576.718 (1)(b).
(4) It is an implied condition of any payment requirement created as provided under this section that the producer is performing, or has completed performance, in accordance with the seed production contract and has not otherwise breached the contract. [2011 c.356 §3]
Note:
See note under 576.715.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.726 - Title; bailments; liens.

(1) A seed bailment contract or seed purchase contract does not create a possessory security interest in goods under ORS chapter 79. For a seed bailment contract, filing, recording or notice of the contract is not a requirement for establishing, during the term of the contract, the validity of the contract or for establishing and confirming in the seed dealer the title to all seed, seed stock and plant life grown or used by the producer under the terms of the contract.
(2) Payments due from a seed dealer to a producer under the terms of a seed bailment contract, or due to a seed grower under the terms of a seed purchase contract, are subject to lien under ORS 87.226 and to security interests perfected as provided under ORS chapter 79. [2011 c.356 §4]
Note:
See note under 576.715.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.729 - Seed purchase contract terms.

(1) The terms of a seed purchase contract must include:
(a) The estimated date for seed delivery;
(b) The terms and estimated date for the seed dealer to pay the seed grower;
(c) The amount of grass seed to be purchased; and
(d) The species, cultivars and quality standards of the grass seed to be purchased.
(2) If the seed purchase contract does not settle the price of the grass seed, the contract is enforceable and price shall be determined as described in ORS 72.3050 (1) to (3). A seed purchase contract must require the seed dealer to make payment to the seed grower within 30 days after seed delivery. However, upon written mutual agreement of the seed grower and the seed dealer, the grower may extend the period available for the dealer to make payment. [2011 c.356 §5]
Note:
See note under 576.715.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.732 - Contract modification; damages for breach.

(1) A party to a seed production contract or seed purchase contract may not, as a condition of performance, require the other party to agree to a material modification of the contract. A contract modification obtained in violation of this subsection is unenforceable.
(2) In any action to recover damages for breach of a seed production contract or seed purchase contract, if the court finds that a party to the contract failed to act in good faith as defined in ORS 71.2010, the court may award the prevailing party court costs and reasonable attorney fees. [2011 c.356 §6]
Note:
See note under 576.715.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.735 - Seed not meeting quality standards.

(1) If testing as provided under a seed production contract establishes that agricultural seed does not meet the quality standards set forth in the contract, the producer may at any time send the test results to the seed dealer and inquire whether the seed dealer intends to purchase the seed. If, within 30 days after the seed dealer receives the test results and inquiry from the producer, the seed dealer delivers a response informing the producer that the seed dealer intends to purchase the seed, the response is an accord that forms a seed purchase contract for the seed purchased under this subsection. Except as provided in this subsection regarding price, the parties may establish the terms of the seed purchase contract as provided under ORS 576.729. The price of the seed that is subject to the seed purchase contract shall be:
(a) Any price stated in the seed production contract for seed not meeting quality standards;
(b) If not determined by the seed production contract, any price agreed to by the parties; or
(c) If not determined by the seed production contract or by agreement, the market price for seed of the same kind and quality as the produced seed. However, a seed price established by the use of market price may not exceed any price established in the seed production contract for seed that meets quality standards.
(2) An accord that creates a seed purchase contract under subsection (1) of this section does not affect the terms of a seed production contract for any seed that was not described in the test results and inquiry sent by the producer.
(3) A producer may send test results and make an inquiry under subsection (1) of this section in any manner that documents seed dealer receipt of the test results and inquiry. A seed dealer may send a response under subsection (1) of this section to a producer in any manner that documents producer receipt of the response.
(4) If, within 30 days after the seed dealer receives the test results and inquiry from the producer, the seed dealer has not delivered a response informing the producer that the seed dealer intends to purchase the seed, the seed dealer is deemed to have refused purchase of the seed and to have authorized the producer to sell the seed in a commercially reasonable manner as "Variety Not Stated Seed." This subsection does not authorize the sale of any seed, seed stock or plant life of a protected variety grown or used by the producer other than a sale of seed as "Variety Not Stated Seed." The remedy provided under this subsection is in addition to any other remedy available to a producer by law. An authorization for sale arising under this subsection is in addition to any other conditional or unconditional authorization for sale that a seed dealer may grant to a producer. [2011 c.356 §7]
Note:
See note under 576.715.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.738 - Seed dealer failure to timely make payment; fee.

(1) If a seed dealer fails to pay a producer for agricultural seed when payment is due under a seed production contract or fails to pay a seed grower for grass seed when payment is due under a seed purchase contract, the producer or seed grower may notify the State Department of Agriculture. Upon notification by a producer or seed grower, the department shall determine whether payment has been made when due. If the department determines that the seed dealer has not made a payment that is due under a seed production contract or seed purchase contract, the department shall notify the seed dealer in writing that the dealer has 30 days to pay the producer or 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.
(2) A seed production contract or seed purchase contract may not vary the terms of the remedy provided by this section. A seed dealer may appeal the notice given by the department under this section as provided in ORS chapter 183. This section does not prevent a producer or seed grower from filing a notice of lien against a seed dealer.
(3) If a seed dealer fails to make payment as required by a notice given by the department under this section, the department shall suspend any seed dealer license issued to the dealer until the dealer demonstrates to the satisfaction of the department that the dealer is current on all payments due to all producers and seed growers. An order suspending a license under this subsection is subject to ORS chapter 183. However, the department may not suspend a seed dealer license under this section using the procedure described in ORS 183.430 (2).
(4) A seed dealer that fails to make payment on a seed production contract or seed purchase contract as required by a notice given by the department under this section is considered to have authorized the producer or seed grower to sell in a commercially reasonable manner any seed from the contract that is still in the possession of the producer or seed grower. This subsection does not prevent a seed dealer from giving consent to the producer or seed grower by other means and does not supersede the terms of a consent given by other means.
(5) The department may charge a producer or seed grower a fee, not to exceed $50, for determining whether payment has been made in accordance with the terms of a seed production contract or seed purchase contract. The department may charge a producer or seed grower a fee, not to exceed $200, for notifying a seed dealer in writing regarding the deadline for payment of delinquent amounts plus interest. [2011 c.356 §8]
Note:
See note under 576.715.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.741 - Seed dealer financial assurance; rules; license refusal; agents.

(1) As used in this section:
(a) "Officer" means any of the following individuals:
(A) A president, vice president, secretary, treasurer or director of a corporation.
(B) A general partner in a limited partnership.
(C) A manager in a manager-managed limited liability company.
(D) A member of a member-managed limited liability company.
(E) A trustee.
(F) An individual that is an officer as defined by the State Department of Agriculture by rule. A definition of "officer" adopted by department rule may include individuals not listed in this paragraph who may exercise substantial control over a business.
(b) "Owner" means:
(A) A sole proprietor of, partner in or holder of a controlling interest in an applicant; or
(B) Any person that is an owner as defined by the department by rule.
(2) The State Department of Agriculture may adopt rules to require, as a condition of issuing a seed dealer license under ORS 633.700, that each seed dealer provide the department financial assurance for the performance by the seed dealer under any seed production contract or seed purchase contract entered into by the seed dealer.
(3) The department may refuse to issue a seed dealer license to an applicant if the applicant, any owner or officer of the applicant or any individual exercising substantial control over the seed industry activities of the applicant:
(a) Is a seed dealer for which the license has been suspended under ORS 576.738;
(b) Is or was an owner or officer of a seed dealer at the time of an event that resulted in the license of the seed dealer being suspended under ORS 576.738; or
(c) Was an individual who exercised substantial control over the seed industry activities of a seed dealer at the time of an event that resulted in the license of the seed dealer being suspended under ORS 576.738.
(4) An agent that enters into a seed production contract on behalf of a seed dealer is conclusively presumed to have actual authority to establish the performance obligations of the seed dealer under the contract. [2011 c.356 §9]
Note:
See note under 576.715.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.744 - Rules; mediation services.

(1) The Director of Agriculture may adopt rules for the administration and enforcement of ORS 576.715 to 576.744.
(2) The director may make mediation services available through the State Department of Agriculture for the resolution of seed production contract disputes and seed purchase contract disputes. [2011 c.356 §10]
Note:
See note under 576.715.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.747 - Reporting adoption of rules regarding dealer financial assurance.

If the State Department of Agriculture adopts a rule described in ORS 576.741 (2), the department shall report to the next regular session of the Legislative Assembly following the rule adoption regarding the contents of the rule and the matters considered by the department in developing the rule. [2011 c.356 §13]
Note:
See note under 576.715.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.750

[1977 c.690 §1; 1983 c.651 §1; 1995 c.301 §32; 2003 c.797 §25; 2005 c.22 §404; renumbered 576.850 in 2019]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.768

[2003 c.797 §11; 2005 c.22 §407; 2009 c.762 §88; 2013 c.768 §145b; 2015 c.366 §95; 2015 c.767 §205; renumbered 576.871 in 2019]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.780 - Definitions for ORS 576.780 to 576.809.

As used in ORS 576.780 to 576.809:
(1) "Authenticate" has the meaning given that term in ORS 79.0102.
(2)(a) "Other seed," except as provided in paragraph (b) of this subsection, means seed or a mixture of seed grown for commercial purposes.
(b) "Other seed" does not include:
(A) Agricultural seed as defined in ORS 576.715 or a mixture containing agricultural seed.
(B) Any seed or mixture of seed that the Director of Agriculture excludes by rule in response to a request by a producer organization or other producer group.
(C) Seed or a mixture of seed produced or processed under ORS 475C.770 to 475C.919.
(3) "Producer" means a person that grows other seed in this state on a commercial basis for a seed dealer.
(4) "Seed bailment contract" means a seed production contract under which the seed dealer retains title to all seed, seed stock and plant life grown or used by the producer under the terms of the contract.
(5) "Seed dealer" means a person that in the ordinary course of business contracts to buy other seed grown in this state by a producer or contracts with a producer for the growing of other seed in this state.
(6) "Seed delivery" means the date on which the seed grower delivers other seed to the seed dealer pursuant to a notice from the dealer.
(7) "Seed grower" means a person that grows other seed in this state on a commercial basis without entering into a contract with a seed dealer prior to harvesting of the seed.
(8) "Seed production contract" means a written agreement between a producer and a seed dealer for the growing of other seed in this state.
(9) "Seed purchase contract" means a written agreement for a seed dealer to purchase other seed that has been grown by a seed grower. "Seed purchase contract" does not include a seed production contract.
(10) "Variety Not Stated Seed" means other seed that is sold in unmarked plastic bags or other unmarked containers without any reference to a variety name for the seed. [2018 c.26 §1]
Note:
576.780 to 576.814 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.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.783 - Terms of seed production contract.

(1) The following terms apply to seed production contracts:
(a) If the contract does not settle the price of the other seed, the contract is enforceable and the price shall be determined as described in ORS 72.3050 (1) to (3).
(b) Except as provided in ORS 576.786 (1) or (3), payment to the producer is due no later than the earliest of the following:
(A) The dates specified in the contract.
(B) Thirty days after seed delivery.
(C) July 1 of the calendar year following the harvesting of the seed.
(c) Unless expressly provided otherwise in a seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the other seed, the risk of loss and the responsibility for the payment of storage fees transfer from the producer to the seed dealer upon the earlier of:
(A) The delivery of the seed to the seed dealer pursuant to a notice from the seed dealer; or
(B) The delivery to the seed dealer of test results establishing that the seed meets quality standards set forth in the contract.
(2) It is an implied condition of any price or payment requirement described in subsection (1) of this section that the producer is performing, or has completed performance, in accordance with the seed production contract and has not otherwise breached the contract.
(3) Except as provided in subsection (5) of this section, a seed production contract described in this section may contain any additional terms agreed to by the parties.
(4) If a seed production contract is extended or renewed, for the extension or renewal period the parties may:
(a) Subject to paragraph (b) of this subsection, continue the terms of the original contract or agree to new or different contract terms; and
(b) Agree to payment due date terms as provided under this section or under ORS 576.786 (3).
(5) A seed production contract may not:
(a) Provide for exclusive venue or jurisdiction in another state;
(b) Provide for the terms of the contract to be interpreted under the laws of another state;
(c) Waive the application of ORS 576.780 to 576.809 to the contract; or
(d) Authorize a unilateral material modification of the contract.
(6) Subject to ORS 72.2010, subsections (1) and (5) of this section also apply to a nonwritten agreement for the production of other seed.
(7) A term in a seed production contract that conflicts with subsection (1) or (5) of this section is void as a matter of public policy.
(8) ORS 576.705 does not apply to a processor as defined in ORS 576.700 that arranges for the production of other seed under a contract that is subject to this section or ORS 576.786. [2018 c.26 §2]
Note:
See note under 576.780.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.786 - Payment due date terms in contracts authenticated prior to planting.

(1) A seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the other seed may contain payment due date terms that differ from the payment due date terms described in ORS 576.783 (1)(b) if the contract states the date by which final payment for the other seed is due.
(2) If a seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the other seed does not contain the information required under subsection (1) of this section, notwithstanding any contrary payment due date terms stated in the contract, the payment due date terms of the contract are subject to ORS 576.783 (1)(b).
(3) An extension or renewal of any seed production contract, regardless of when the contract was authenticated, may contain payment due date terms that differ from the payment due date terms described in ORS 576.783 (1)(b) if the extension or renewal contains the information required under subsection (1) of this section. If an extension or renewal of a seed production contract does not contain the information required under subsection (1) of this section, notwithstanding any contrary payment due date terms stated in the extension or renewal, the payment due date terms for the extension or renewal are subject to ORS 576.783 (1)(b).
(4) It is an implied condition of any payment requirement created as provided under this section that the producer is performing, or has completed performance, in accordance with the seed production contract and has not otherwise breached the contract. [2018 c.26 §3]
Note:
See note under 576.780.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.789 - Seed bailment contracts and seed purchase contracts; title; lien.

(1) A seed bailment contract or seed purchase contract does not create a possessory security interest in goods under ORS chapter 79. For a seed bailment contract, filing, recording or notice of the contract is not a requirement for establishing, during the term of the contract, the validity of the contract or for establishing and confirming in the seed dealer the title to all seed, seed stock and plant life grown or used by the producer under the terms of the contract.
(2) Payments due from a seed dealer to a producer under the terms of a seed bailment contract, or due to a seed grower under the terms of a seed purchase contract, are subject to lien under ORS 87.226 and to security interests perfected as provided under ORS chapter 79. [2018 c.26 §4]
Note:
See note under 576.780.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.792 - Terms of seed purchase contract.

(1) The terms of a seed purchase contract must include:
(a) The estimated date for seed delivery;
(b) The terms and estimated date for the seed dealer to pay the seed grower;
(c) The amount of other seed to be purchased; and
(d) The species, cultivars and quality standards of the other seed to be purchased.
(2) If the seed purchase contract does not settle the price of the other seed, the contract is enforceable and price shall be determined as described in ORS 72.3050 (1) to (3). A seed purchase contract must require the seed dealer to make payment to the seed grower within 30 days after seed delivery. However, upon written mutual agreement of the seed grower and the seed dealer, the grower may extend the period available for the dealer to make payment. [2018 c.26 §5]
Note:
See note under 576.780.