reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.795 - Modification of contract; damages for breach.

(1) A seed dealer that requests modification to the payment terms of a seed production contract for other seed shall pay an amount equal to at least 25 percent of the value of the contract prior to modification of the contract.
(2) 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.
(3) 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. [2018 c.26 §6]
Note:
See note under 576.780.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.798 - Seed not meeting contract quality standards.

(1) If testing as provided under a seed production contract establishes that other 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 576.792. 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. [2018 c.26 §7]
Note:
See note under 576.780.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.802 - Failure of seed dealer to make timely payment; fee.

(1) If a seed dealer fails to pay a producer for other seed when payment is due under a seed production contract or fails to pay a seed grower for other 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 $200, 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 $50, for notifying a seed dealer in writing regarding the deadline for payment of delinquent amounts plus interest. [2018 c.26 §8]
Note:
See note under 576.780.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.806 - Financial assurance by seed dealer.

(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 576.802;
(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 576.802; 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 576.802.
(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. [2018 c.26 §9]
Note:
See note under 576.780.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.809 - Rules; dispute resolution services.

(1) The Director of Agriculture may adopt rules for the administration and enforcement of ORS 576.780 to 576.809.
(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. [2018 c.26 §10]
Note:
See note under 576.780.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.814 - Reporting adoption of rules regarding financial assurance by seed dealer.

If the State Department of Agriculture adopts a rule described in ORS 576.806 (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. [2018 c.26 §11]
Note:
See note under 576.780.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.850 - Definitions for ORS 576.850 to 576.877.

As used in ORS 576.850 to 576.877, unless the context requires otherwise:
(1) "Grape product" means any juice, must, concentrate or extract made from vinifera grapes, true or hybrid, whether or not partially fermented. It does not include alcoholic liquor as defined in ORS 471.001.
(2) "Wine" has the meaning given that term in ORS 471.001.
(3) "Wine grape growing" means the cultivation in commercial quantities of vinifera grapes in this state.
(4) "Wine making" means the ownership and control of or the management of a licensed winery in this state. [Formerly 576.750]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.853 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) The development of world-class wine grape growing and wine making industries is important to Oregon as a whole. The health of the wine grape growing and wine making industries affects the well-being of Oregonians and Oregon rural economies and environments.
(2) It is in the public interest to encourage the orderly growth and development of sustainable, labor-intensive, value-added agricultural industries, such as the wine grape growing and wine making industries.
(3) State involvement in the wine grape growing and wine making industries must be coordinated to respond to state interests and to encourage appropriate partnership and cooperation between the public and private sectors in ensuring orderly growth and realizing statewide objectives for world-class wine grape growing and wine making industries. [Formerly 576.751]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.856 - Oregon Wine Board.

(1) The Oregon Wine Board is established as a semi-independent state agency subject to ORS 182.456 to 182.472.
(2) The board shall consist of nine members appointed by the Governor. In making appointments, the Governor shall consider nominations or recommendations made by organizations with nominating committees representative of all major wine industry regions of the state.
(3) The term of office for a member is three years, but a member serves at the pleasure of the Governor. Before the expiration of a term, the Governor shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment.
(4) If a vacancy occurs on the board, the Governor shall appoint a qualified person to serve the unexpired term.
(5) A person appointed to the board must have:
(a) Expertise and experience in the Oregon wine grape growing or wine making industries; and
(b) A demonstrated ability and disposition to serve the state’s interests regarding all aspects of the Oregon wine grape growing and wine making industries, including but not limited to the various types and sizes of wine grape growing and wine making operations, grape varieties and growing regions within the state.
(6) A member of the board must maintain the following qualifications during the term of office:
(a) Be a bona fide resident of the state or an officer or principal owner of an entity organized or registered to do business in this state.
(b) Have a demonstrated interest in the positive development of the Oregon wine industry.
(c) Be actively engaged in wine grape growing or wine making.
(7) The members of the board shall elect a chairperson and vice-chairperson with duties and powers as determined by the board. [Formerly 576.753]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.859 - Board purpose and duties.

The Oregon Wine Board shall operate for the purpose of supporting enological, viticultural and economic research to develop sustainable business practices for wine grape growing and wine making within Oregon and supporting the promotion of Oregon’s wine grape growing and wine making industries. The board shall create and maintain a long term strategic plan and use that plan to guide the granting and funding decisions of the board. To the extent practicable, the board shall allocate funds and award grants in a manner that encourages coordinated, cost-effective projects that are integrated to implement the board’s strategic statewide objectives for the development of world-class wine grape growing and wine making within Oregon. [Formerly 576.756]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.862 - Board powers.

To carry out the purposes specified in ORS 576.850 to 576.877, the Oregon Wine Board may:
(1) Appoint officers and enter into agreements with consultants, agents and advisers, and prescribe their duties;
(2) Appear on the board’s own behalf before boards, commissions, departments or other agencies of municipal or county governments, the state government or the federal government;
(3) Procure insurance against any losses in connection with properties of the board in such amounts and from such insurers as may be necessary or desirable;
(4) Accept donations, grants, bequests and devises, conditional or otherwise, of money, property, services or other things of value, including the interest or earnings thereon but excluding corporate stock, that may be received from a government agency or a public or private institution or person, to be held, used or applied for any or all of the purposes specified in ORS 576.850 to 576.877 in accordance with the terms and conditions of the donation, grant, bequest or devise;
(5) Organize, conduct, sponsor, cooperate with and assist the private sector and other state agencies in the conduct of conferences and tours relating to the wine grape growing and wine making industries;
(6) Provide and pay for advisory services and technical assistance that the board finds necessary or desirable; and
(7) Exercise any other powers necessary for the operation and functioning of the board under ORS 576.850 to 576.877. [Formerly 576.759]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.865 - State wine cellar; sources; uses.

The Oregon Wine Board shall establish a state wine cellar by purchasing or receiving donations of wines made in this state from fruit or grapes grown in this state. Wines collected in the state wine cellar may be:
(1) Held as standards to compare against other wines to develop and improve Oregon viticultural and enological practices.
(2) Sold to state governmental agencies for service at official governmental entertainment functions.
(3) Sold to the Governor and to the administrative heads of state agencies on official government business to present as gifts when required by protocol or social custom.
(4) Displayed and offered for tasting in connection with promotional campaigns to encourage the purchase of Oregon wines. [Formerly 576.763]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.868 - Rules; board employees.

(1) In accordance with applicable provisions of ORS chapter 183, the Oregon Wine Board may adopt rules necessary for the administration of ORS 576.850 to 576.877.
(2) Notwithstanding ORS 182.460 and 576.856 (1), employees of the Oregon Wine Board are not eligible for inclusion within the Public Employees Retirement System. [Formerly 576.766]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.871 - Strategic plan; budget; rules.

(1) The report submitted by the Oregon Wine Board under ORS 182.472 must include a description of the long term strategic plan created by the board and a description of the progress made in implementing the statewide strategic objectives of the board during the most recent biennium.
(2) Notwithstanding ORS 182.462:
(a) The board shall prepare and submit annual plans and a budget recommended by the board for promotion and for research during the next fiscal year.
(b) The board shall adopt rules specifying the procedures, criteria and timelines for the preparation and approval of the annual plans and budget for promotion and for research.
(c) The Director of the Oregon Business Development Department shall review the budget and plans submitted under this section. In reviewing the annual plans and budget, the director shall consider whether the information supplied by the board is factual and consistent with ORS 576.850 to 576.877 and the positive development of the Oregon wine grape growing and wine making industries. The director shall either approve the budget and plans prior to the commencement of the next fiscal year or disapprove and return the budget and plans to the board with conditions necessary for approval prior to the commencement of the next fiscal year. In reviewing the budget and plans, the director may consult with and receive coordinated support from:
(A) The State Department of Agriculture;
(B) The Oregon Tourism Commission;
(C) Oregon State University;
(D) The Office of Community Colleges and Workforce Development; and
(E) The Oregon Liquor and Cannabis Commission. [Formerly 576.768; 2021 c.351 §291]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.874 - Payment of tax; delayed payment; records; inspections and audits.

(1) If a person selling or providing grape product to a winery performs part of the processing function of a winery, the person shall report the sale or provision of the grape product and pay the tax imposed under ORS 473.045 (5).
(2) A person or winery required to pay a tax under ORS 473.045 (5) shall keep accurate records sufficient to enable the Oregon Liquor and Cannabis Commission to determine by inspection and audit the accuracy of the taxes paid or due the Oregon Wine Board and of reports made or due to the commission.
(3) The commission or a designee of the commission may inspect and audit the records referred to in subsection (2) of this section for the purpose referred to in subsection (2) of this section.
(4) A person or winery may not refuse to permit an inspection and audit under subsection (3) of this section during business hours.
(5) In addition to the penalties prescribed in ORS 473.992, a person or winery that delays transmittal of tax payments under ORS 473.045 (5) beyond the due date specified in ORS 473.045 shall pay five percent of the overdue amount for the first full or partial month of delay and one percent of the overdue amount for each full or partial month of delay thereafter.
(6) If a winery willfully refuses to turn over tax moneys withheld under ORS 473.045 (5), the winery shall pay an additional amount equal to twice the amount of the tax moneys not turned over. [Formerly 576.771; 2021 c.351 §292]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.877 - Disposition of moneys; research and promotion.

Moneys received on behalf of the Oregon Wine Board pursuant to ORS 473.030 (4) and 473.045 shall be deposited into the account created by the board under ORS 182.470 and are continuously appropriated to the board as provided in ORS 182.470, exclusively for use by the board in carrying out the provisions of ORS 576.850 to 576.877. The board shall allocate a portion of the moneys received from sources other than fees toward research in enology and viticulture and toward promotion of the Oregon wine grape growing and wine making industries, including administrative costs associated with either category. [Formerly 576.775]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.991 - Penalties.

(1) Violation of the provisions of ORS 576.024 is a Class B violation.
(2) Violation of any provision of ORS 576.051 to 576.455 is a Class C misdemeanor. [1953 c.489 §38; subsection (1) enacted as 1955 c.572 §6; subsection (4) of 1957 Replacement Part enacted as 1957 c.447 §19; subsection (5) of 1957 Replacement Part enacted as 1957 c.447 §17; 1959 c.596 §81; subsection (2) enacted as 1967 c.388 §3; 1983 c.740 §224; subsection (4) of 1997 Edition enacted as 1997 c.9 §5; 1999 c.1051 §203; subsection (4) renumbered 571.993 in 2009; 2011 c.597 §237]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.110 - Definitions.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.125 - Department oversight of council; rules.

(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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.210 - Oregon Beef Council; members; appointment.

(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 §§60,61; 2007 c.55 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.220 - Qualifications of members.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.230 - Terms of members.

(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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.240 - Declaring office of member vacant.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.250 - Removal of member.

(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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.260 - Expenses of members.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.270 - Meeting place.

(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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.280 - Meetings.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.290 - Duties and powers of council.

(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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.295 - Budget process; annual financial statements; deposits, withdrawals and investment of moneys.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.310 - Payments to national organizations.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.320 - Receipt of services.

(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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.330 - Council furnishing services, facilities and materials to other state agencies.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.340 - Council exempt from certain financial administration laws.

ORS 291.026, 291.201 to 291.222, 291.232 to 291.260, 291.322 to 291.334, 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.345 - Council employees not subject to state personnel compensation plans; council not subject to office space regulation; fees for administrative services; rules.

(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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.355 - Intellectual property; rules.

(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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.520 - Assessment collection procedure.

(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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.525 - Cancellation of uncollectible assessment; subsequent collection.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.532 - Mandatory expenditures from assessment moneys.

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.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 577 - Oregon Beef Council › Section 577.550 - Bond required of person authorized to receive or disburse council moneys.

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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 578 - Oregon Wheat Commission › Section 578.010 - Definitions.

As used in this chapter, unless the context requires otherwise:
(1) "Commercial channels" means the sale of grain for use as food, feed or seed, or any industrial or chemurgic use, when sold to any commercial buyer, dealer, processor or cooperative, or to any person, public or private, who resells any grain or product produced from grain.
(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 grain from the producer in the first instance, or any lienholder, public or private, who may possess grain from the producer under any lien.
(5) "Grain" means barley, canola, corn, flaxseed, mustard, oats, rye, soybeans, grain sorghum, triticale, wheat and any other cereal grain for which standards are established or followed by the State Department of Agriculture.
(6) "Producer" means:
(a) Any landowner personally engaged in growing grain;
(b) A tenant of the landowner personally engaged in growing grain;
(c) Both the owner and the tenant jointly; and
(d) Any other person, partnership, association, corporation, cooperative, trust, sharecropper or other business units, devices or arrangements engaged in growing grain.
(7) "Sale" includes any pledge or mortgage of grain, after harvest, to any person, public or private. [Amended by 1977 c.198 §25; 2011 c.181 §6; 2013 c.93 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 578 - Oregon Wheat Commission › Section 578.020 - Legislative findings; purpose of chapter.

(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 grain is an agricultural industry that contributes to the economic welfare of Oregon.
(c) Because a surplus of grain 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 grain be found in order to provide profitable enterprises for producers and to provide employment for labor and industry dependent upon grain.
(2) The purpose of this chapter is to promote the public health and welfare by providing means for the protection and stabilization of industry for grain produced in this state. [Amended by 2003 c.604 §87; 2011 c.181 §7; 2013 c.93 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 578 - Oregon Wheat Commission › Section 578.025 - Department oversight of commission; rules.

(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 providing input to the Director of Agriculture for carrying out the duties of the director regarding the appointment and removal of members of the commission;
(d) Review budgets submitted to the director 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 plans and projects recommended by the commission for the promotion of grain, and for advertising and research and the dissemination of consumer and industry information for grain. The department shall conduct the review to ensure that 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 §§82,83; 2009 c.193 §§3,4; 2011 c.181 §8; 2013 c.93 §8]