reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.625 - Western Juniper Industry Fund.

The Western Juniper Industry Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Western Juniper Industry Fund shall be credited to the fund. The fund shall consist of any moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise. Moneys in the fund are continuously appropriated to the Oregon Business Development Department for the purpose of carrying out activities under ORS 571.605, 571.610 and 571.615. Any moneys deposited in the fund for the purpose of carrying out a particular activity shall be kept in a separate subaccount of the fund and accounted for separately. [2015 c.636 §6]
Note:
See note under 571.600.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.650 - Definitions for ORS 571.650 to 571.660.

As used in ORS 571.650 to 571.660:
(1) "Cultivated ginseng" means ginseng that is growing or has been grown in tilled beds under the shade of artificial structures or under natural shade, and that is cultivated by a person.
(2) "Dealer" means a person who buys cultivated ginseng for the purpose of resale, but does not include a person who buys root of cultivated ginseng for the purpose of retail sale to consumers in the United States.
(3) "Ginseng" means any part of the plant known as American Ginseng (Panax quinquefolius L.), including plants, whole roots, essentially intact roots and root chunks and slices, but excluding root hairs, extracts, derivatives, leaves, stems, flowers and seeds.
(4) "Grower" means any person who grows and sells cultivated ginseng. [Formerly 571.350]
Note:
571.650 to 571.665 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 571 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 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.655 - License required; prohibitions.

(1) No person shall engage in the activity of a grower or dealer of ginseng without first having obtained a license therefor from the State Department of Agriculture.
(2) No person required by subsection (1) of this section to obtain a license shall fail to comply with this section and ORS 571.660 or any rule adopted pursuant thereto. [Formerly 571.355]
Note:
See note under 571.650.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.660 - Rules; fees.

In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, by rule, shall establish a licensing system for persons who act as ginseng growers or dealers. The system shall include, but not be limited to, provisions:
(1) Prescribing the form and content of, and the times and procedures for submitting, an application for license issuance or renewal.
(2) Prescribing the term of the license and the fee for original issuance and renewal of the license in an amount that does not exceed the cost of administering the licensing system.
(3) Prescribing such certification requirements as may be necessary to promote or allow the sale of ginseng in interstate or international commerce.
(4) Establishing an advisory committee to provide assistance to the department in the administration of ORS 571.650 to 571.660. [Formerly 571.360]
Note:
See note under 571.650.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.665 - Revocation, suspension or denial of or refusal to renew license; civil penalty; rules.

(1) The State Department of Agriculture may revoke, suspend, deny or refuse to renew any grower or dealer a license if the department finds the person has violated any provision of ORS 571.655 or 571.660 or any rule adopted pursuant thereto.
(2) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty on a person for violation of any provision of ORS 571.655 or 571.660 or any rule adopted pursuant thereto. The civil penalty for a first violation shall be not more than $1,000. Upon a second violation, the department may impose a civil penalty of not more than $2,000.
(3) The department shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for a particular violation.
(4) All penalties recovered under this section shall be deposited by the State Treasurer in the Department of Agriculture Service Fund. The moneys are continuously appropriated to the department for the purpose of carrying out ORS 571.655 and 571.660. [Formerly 571.365]
Note:
See note under 571.650.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.670 - Disposition of fee moneys.

The State Treasurer shall deposit all moneys received by the State Department of Agriculture under ORS 571.655 and 571.660 into the Department of Agriculture Service Fund. The moneys are continuously appropriated to the department for the purpose of carrying out the provisions of ORS 571.655 and 571.660. [Formerly 571.370]
Note:
571.670 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 571 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 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.991 - Penalties for ORS 571.005 to 571.230.

Subject to ORS 153.022, violation of ORS 571.005 to 571.230 or rules adopted thereunder is punishable, upon conviction, by a fine of not more than $5,000. [1963 c.461 §32; 1985 c.659 §5; 1999 c.1051 §318]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.993 - Penalty for violation of ORS 571.655.

Violation of ORS 571.655 is a misdemeanor. [Formerly subsection (4) of 576.991]
Note:
571.993 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 571 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 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.995 - Penalties for ORS 571.525, 571.570 and 571.575.

Violation of ORS 571.525, 571.570 or 571.575, or of any rules adopted pursuant thereto, is a misdemeanor. [1985 c.197 §17]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.997 - Civil penalties for ORS 571.055 and 571.525.

(1) In addition to any applicable criminal penalty under ORS 571.991 or 571.995 or any other penalty, a person who violates ORS 571.055 or 571.525 is subject to a civil penalty imposed by the State Department of Agriculture. The civil penalty shall not exceed $10,000.
(2) Every violation of ORS 571.055 or 571.525 is a separate offense subject to a separate civil penalty.
(3) The department shall consult with, and seek the advice of, the State Christmas Tree Advisory Committee and the State Nursery Research and Regulatory Committee in order to:
(a) Develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations;
(b) Develop guidelines and policies regarding the circumstances under which civil penalties should be imposed; and
(c) At least biannually review cases to ensure that guidelines and policies developed under paragraph (b) of this subsection are being followed.
(4) The imposition of a civil penalty under this section is subject to ORS 183.745.
(5) The State Treasurer shall deposit all moneys from civil penalties recovered under this section into the Department of Agriculture Account.
(6) Moneys from civil penalties recovered under this section for a violation of ORS 571.055 are continuously appropriated to the department for the administration of nursery laws and industry projects under ORS 571.005 to 571.230.
(7) Moneys from civil penalties recovered under this section for a violation of ORS 571.525 are continuously appropriated to the department for the administration of Christmas tree laws and industry projects under ORS 571.510 to 571.580. [1999 c.390 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.006 - Definitions for ORS 576.006 to 576.022.

As used in ORS 576.006 to 576.022:
(1) "Department" means the State Department of Agriculture of the State of Oregon.
(2) "Farm products" means all agricultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, and any and all products which have their situs of production on the farm.
(3) "Food products" means any and all products either in a natural or processed state used by human or animal as food. [1955 c.572 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.009 - Agricultural Development Division.

There is established within the State Department of Agriculture an Agricultural Development Division which shall have the powers and duties conferred by ORS 576.006 to 576.022, and as specified by the Director of Agriculture. The Agricultural Development Division shall consist of a market development service and a commodity development service. [1955 c.572 §2; 1983 c.740 §221; 1985 c.623 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.019 - Discrimination against any product or dealer prohibited.

In the performance of duties, under ORS 576.006 to 576.022, no official or employee of the State Department of Agriculture shall discriminate against any farm or food product, or against any producer, processor, distributor or dealer of any such products. [1955 c.572 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.022 - Authority and functions of Oregon State University unaffected; department may seek information from university.

Nothing in ORS 576.006 to 576.022 shall be construed to limit, alter, repeal or duplicate the existing authority and functions of Oregon State University enumerated in ORS 561.362 and full effect shall be given to the provisions of ORS 561.364 and 561.366. The State Department of Agriculture may call upon Oregon State University for such technical and statistical information as it may need and as the university may be able to provide. [1955 c.572 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.024 - Department authorized to inspect records and businesses for economic study purposes.

(1) It is necessary for the economy of this state, the livestock industry and the welfare of the consuming public that the department obtain statistical information for economic studies of the livestock industry including the volume of production of livestock in this state; the channels into which such livestock is marketed; the total consumption of meat in this state; the types and quantities consumed and the sources thereof; and such other information as is pertinent to reveal additional potential markets for livestock produced in this state.
(2) In order to carry out and maintain this continuing study, the department is authorized during business hours to inspect the records of places or businesses which handle, store or sell meat animals, or meat as defined in ORS 619.010 to 619.071, 619.370 and 619.993.
(3) The department, after public hearing under ORS chapter 183, may require periodic reporting from the places or businesses described in this section and require the furnishing to the department of the data or information which may be needed in continuing the comprehensive study as authorized in this section. [1967 c.388 §2; 1973 c.174 §19; 1973 c.794 §29; 1983 c.740 §222]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.035 - Market news service in Klamath Basin, central Oregon and Malheur areas.

Oregon State University, acting through the Federal Cooperative Extension Service of the university, shall cooperate with the Agriculture Marketing Service of the United States Department of Agriculture and with the appropriate offices of adjoining states to establish and maintain a food product market news service in the Klamath Basin and provide such services for the central Oregon and Malheur areas. [1961 c.560 §1; 2015 c.767 §204]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.051 - Definitions for ORS 576.051 to 576.455.

As used in ORS 576.051 to 576.455, unless the context requires otherwise:
(1) "Commercial channels" means the sale of the commodity for which a commodity commission is established for use as food, industrial, agricultural or chemurgic use, when sold to any commercial buyer or to any person who resells the commodity or any product derived therefrom.
(2) "Commission" means a commodity commission established under ORS 576.051 to 576.455.
(3) "Commodity" means any distinctive type of agricultural, horticultural, viticultural, vegetable, animal or seafood product, or any class, variety or utilization thereof, in a natural or processed state, including bees and honey but not including timber or timber products. The Director of Agriculture may determine what types or subtypes of commodity may be classed together as a commodity for the purposes of ORS 576.051 to 576.455.
(4) "Department" means the State Department of Agriculture.
(5) "Director" means the Director of Agriculture.
(6) "First purchaser" means any person who buys the commodity for which a commission is established from the producer in the first instance, or handler who received the commodity in the first instance from the producer for resale or processing.
(7) "Handler" means any producer, processor, distributor or other person engaged in the handling or marketing of or dealing in the commodity for which a commission is established, whether as an owner, agent, employee, broker or otherwise.
(8) "Producer" means a person that engages in, or has engaged in, the business of growing, producing or procuring within this state, or in the rivers or offshore waters of this state except the Columbia River, a commodity for market or for delivery or transfer to others owning or holding title to the commodity. "Producer" includes a landowner, landlord, tenant, sharecropper, boat skipper or other person that participates in the growing, producing or procuring of a commodity and receives a share of the commodity.
(9) "Regional commission" means a commission that functions only within a specified area of this state consisting of one or more entire counties. [Formerly 576.005; 1957 c.447 §1; 1959 c.596 §1; 1977 c.198 §7; 2003 c.604 §31]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.053 - Short title.

ORS 576.051 to 576.455 and 576.991 (2) may be known and cited as the Commodity Commission Act. [Formerly 576.015; 1983 c.740 §223; 2011 c.597 §235]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.062 - Establishment of commodity commissions.

The following commodity commissions are established as state commissions:
(1) The Oregon Dairy Products Commission.
(2) The Oregon Hazelnut Commission.
(3) The Oregon Dungeness Crab Commission.
(4) The Oregon Salmon Commission.
(5) The Oregon Albacore Commission.
(6) The Oregon Sheep Commission.
(7) The Oregon Potato Commission.
(8) The Oregon Blueberry Commission.
(9) The Oregon Clover Seed Commission.
(10) The Oregon Fine Fescue Commission.
(11) The Oregon Hop Commission.
(12) The Oregon Mint Commission.
(13) The Oregon Processed Vegetable Commission.
(14) The Oregon Raspberry and Blackberry Commission.
(15) The Oregon Ryegrass Growers Seed Commission.
(16) The Oregon Strawberry Commission.
(17) The Oregon Sweet Cherry Commission.
(18) The Oregon Tall Fescue Commission.
(19) The Oregon Trawl Commission. [2003 c.604 §15; 2003 c.749 §18; 2007 c.132 §3; 2007 c.146 §3; 2009 c.367 §3; 2011 c.181 §1; 2019 c.275 §1; 2023 c.44 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.066 - Department oversight of commodity commissions; rules.

(1) The State Department of Agriculture shall:
(a) Monitor the practices or methods used or proposed for use by any commodity commission in carrying out the goals and needs disclosed by the budget of the commission;
(b) Promote cooperation among the several commissions, the Oregon Beef Council and the Oregon Wheat Commission and assist in the interchange of information and experience among those entities;
(c) Carry out the assigned organizational procedures under ORS 576.051 to 576.455, including the appointment and removal of members of the commission;
(d) Review budgets submitted to the Director of Agriculture by a commodity commission under ORS 576.416; and
(e) Adopt rules to carry out the provisions of ORS 576.051 to 576.455.
(2) The department shall review, and may approve or disapprove, plans and projects recommended by a commodity commission for commodity promotion, advertising and research and for the dissemination of consumer and commodity industry information. In reviewing plans and projects recommended by a commodity commission, the department shall consider whether the plan or project information is:
(a) Factual;
(b) Not disparaging to other commodities; and
(c) Consistent with the purposes of ORS 576.051 to 576.455. [Formerly 576.044; 2007 c.55 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.206 - Appointment of temporary members; rules; appointment of commissioners; commissioner qualifications; compensation.

(1) Upon the establishment of a commodity commission, the Director of Agriculture shall appoint five temporary members to the commission. In appointing the temporary members, the director shall give consideration to any recommendations by other commodity commissions, commodity growers and commodity grower associations. A majority of the temporary members must be producers of the commodity that is the subject of the commission and at least one member must be a handler of the commodity.
(2) The temporary members shall adopt rules for the commission in accordance with ORS chapter 183, including but not limited to rules establishing the number and geographic representation of the commissioners and rules providing for the removal of commissioners. The terms of the temporary members expire on the date that one or more commissioners are appointed under subsection (3) of this section. A qualified temporary member is eligible for appointment to a term on the commission under subsection (3) of this section.
(3) Except as provided in ORS 576.225 (3), the director shall appoint the commissioners for a commodity commission in accordance with the rules adopted under subsection (2) of this section. In appointing the commissioners, the director shall give consideration to any recommendations by other commodity commissions, commodity growers and commodity grower associations.
(4) A majority of the commissioners must be producers of the commodity that is the subject of the commission. At least one commissioner must be a handler of the commodity. One commissioner must be a member of the public not associated with the production or handling of the commodity. All commissioners other than handlers and the member of the public must be producers.
(5) The term of a commissioner appointed under subsection (3) of this section is four years unless a shorter term is established by commission rule. A commissioner is eligible for reappointment unless otherwise provided by commission rule. Before the expiration of a commissioner’s term, the director shall appoint a successor to assume office upon expiration of the term. If there is a vacancy on a commission for any cause, the director shall appoint a person to the unexpired term.
(6) The commission shall select one member to serve as chairperson and another member to serve as vice chairperson, with such duties and powers as the commission deems appropriate to those offices.
(7) A temporary member of a commission or a commissioner is entitled to compensation and expenses in the manner and amounts provided in ORS 292.495. Claims for compensation earned and expenses incurred in performing the functions of the commission shall be paid out of funds available to the commission. [2003 c.604 §4 (enacted in lieu of 576.205); 2003 c.604 §5; 2007 c.55 §2; 2013 c.90 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.215 - Ex officio members of commission.

The Director of Agriculture and the Dean of the College of Agricultural Sciences of Oregon State University, or their respective official representative, shall be ex officio members of a commodity commission, without right to vote. When a commission is established for a seafood commodity, the chairperson of the State Fish and Wildlife Commission or the official representative of the chairperson shall also be an ex officio member of the commission, without right to vote. ORS 576.206 and 576.225 to 576.255 do not apply to ex officio members. [1953 c.489 §12; 1957 c.447 §10; 1959 c.596 §9; 1995 c.79 §311; 2003 c.604 §32]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.225 - Qualifications of members; changes in commission composition; rules.

(1) A member of a commodity commission must, during the term of office of the member:
(a) Be a citizen of the United States.
(b) Be a bona fide resident of the state.
(c) Have an active interest in the positive development and economic growth of the commodity industry in Oregon.
(2) A producer member of a commission must have paid an assessment adopted by the commission, if any, on the commodity in each of the preceding three calendar years. A handler member of a commission must have collected an assessment adopted by the commission, if any, on the commodity in each of the preceding three calendar years.
(3) In addition to any other authority of a commodity commission to adopt rules under ORS 576.304, at any time following the initial appointment of all commissioners for a commodity commission under ORS 576.206 (3), and subject to ORS 576.215, the commission may amend the rules adopted by the temporary commission members under ORS 576.206 (2) to change the number and geographic representation of the commissioners. Any rule amendment adopted under this subsection shall apply to commissioner appointments made by the Director of Agriculture after the effective date of the rule amendment. [1953 c.489 §13; 1957 c.447 §11; 2003 c.604 §33; 2013 c.90 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.245 - Office vacant when member ceases to be qualified.

The Director of Agriculture shall immediately declare the office of any appointed producer or handler member of a commodity commission vacant whenever the director finds that such member has ceased to be an active producer or handler in this state, has become a resident of another state or is unable to perform the duties of office. [1953 c.489 §15; 1957 c.447 §12; 1965 c.515 §3; 1977 c.198 §10; 2003 c.604 §34; 2005 c.22 §390]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.255 - Removal of members.

(1) The Director of Agriculture may remove any member of a commodity commission for inefficiency, neglect of duty or misconduct in office, after a public hearing and after serving upon the member a copy of the charges against the member, together with a notice of the time and place of the hearing, at least 10 days prior to such hearing. At the hearing the member shall be given an opportunity to be heard in person or by counsel and shall be permitted to present evidence to answer the charges and explain the facts alleged against the member.
(2) In every case of removal, the director shall file in the office of the Secretary of State a complete statement of all charges against the member, the findings of the director and a record of the entire proceedings held in connection with the charges. [1953 c.489 §16; 1965 c.515 §4; 1977 c.198 §11; 2005 c.22 §391]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.265 - Travel and other expenses of members; per diem; rules.

(1) A commodity commission may adopt rules establishing the amount of payment that a member of the commission receives under ORS 292.495 (1) for each day or portion of a day during which the member is actually engaged in the performance of official duties. The amount may exceed, but not be less than, the amount of payment that would otherwise be provided under ORS 292.495 (1).
(2) Members, officers and employees of a commodity commission shall receive their actual and necessary travel and other expenses incurred in the performance of their official duties. Subject to any limitations described under ORS 292.495 (2), the commission shall adopt uniform and reasonable rules governing the incurring and paying of such expenses. [1953 c.489 §17; 1959 c.596 §10; 2005 c.22 §392; 2009 c.137 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.275 - Meeting place of commission.

A commodity commission may establish a meeting place anywhere within this state the commission selects, but the selection of the location must be guided by consideration for the convenience of the majority of those persons most likely to have business with the commission or be affected by the acts of the commission. This section does not prohibit a commission from participating in meetings outside this state for purposes of advancing the work of the commission. [1953 c.489 §18; 2003 c.604 §35]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.285 - Commission organization; meetings.

A commodity commission shall meet as soon as practicable for the purposes of organizing. It shall elect a chairperson and a secretary-treasurer from among its members. It shall adopt a general statement of policy for guidance, and shall transact such other business as is necessary to start the work of the commission. Thereafter, the commission shall meet regularly once each six months, and at such other times as called by the chairperson. The chairperson may call special meetings at any time, and shall call a special meeting when requested by two or more members of the commission. [1953 c.489 §19; 2005 c.22 §393]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.306 - Independent contractors performing services for commission; rentals and acquisitions; rules.

(1) A commodity commission may contract with an independent contractor for the performance of administrator or other services. However, the commission may not contract with an independent contractor to perform the discretionary functions of the commission. As used in this subsection, "discretionary functions" does not include collecting assessments, scheduling meetings, processing payments or other administrative duties, tasks or projects assigned by the commodity commission. ORS 279.835 to 279.855 and ORS chapters 240, 279A, 279B and 279C do not apply to the commission in obtaining services under this subsection, except that a contract for such services may not take effect until approved by the State Department of Agriculture as provided in subsection (6) of this section.
(2) The commission may rent space or acquire supplies and equipment from any contractor as described in subsection (1) of this section. ORS chapters 276, 278, 279A, 279B, 279C and 283 and ORS 276A.206, 279.835 to 279.855 and 283.085 to 283.092 do not apply to such rentals or acquisitions.
(3) Except as provided in this section, a contractor described in subsection (1) of this section shall be considered an independent contractor and not an employee, eligible employee, public employee or employee of the state for purposes of Oregon law, including ORS chapters 236, 238, 238A, 240, 243, 291, 292, 316 and 652.
(4) A contractor described in subsection (1) of this section shall be considered an independent contractor and not a worker for purposes of ORS chapter 656 and ORS 670.600.
(5) A contractor described in subsection (1) of this section may not be considered a public official, public officer, state officer or executive official for purposes of Oregon law, including ORS chapters 236, 244, 292, 295 and 297 and ORS 171.725 to 171.785.
(6) The State Department of Agriculture shall review the contract described in subsection (1) of this section for the adequacy of the clauses pertaining to statement of work, starting and ending dates, consideration, subcontracts, funds authorized in the budget, amendments, termination, compliance with applicable law, assignment and waiver, access to records, indemnity, ownership of work product, nondiscrimination, successors in interest, attorney fees, tax certification or merger or any other clause the department deems necessary.
(7) The Oregon Department of Administrative Services, in consultation with the State Department of Agriculture, shall adopt rules necessary for the screening and selection of independent contractors under this section.
(8) Except as provided in subsection (7) of this section, the State Department of Agriculture may promulgate any rules necessary for the administration and enforcement of this section. [1991 c.948 §2; 1997 c.802 §21; 2003 c.733 §79; 2003 c.794 §302; 2005 c.22 §§394,395; 2012 c.107 §66; 2019 c.275 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.307 - Provision of state services to commission.

(1) Upon request by a commodity commission, the Oregon Department of Administrative Services may:
(a) Purchase or otherwise provide for acquiring or furnishing supplies, materials, equipment and services, other than personal services, that the commission requires and for independent contractors to furnish professional services to the commission.
(b) Provide for printing and multiple duplication work for the commission under ORS 282.010 to 282.050, except for printing and binding that advertises or promotes agricultural or manufactured products.
(c) Provide for services to the commission for disposing of surplus, obsolete or unused supplies, materials and equipment under ORS 279A.280.
(d) Provide for central telephone service and central mail or messenger services to the commission under ORS 283.140.
(e) Provide motor vehicles for use by members, officers and employees of the commission under ORS 283.305 to 283.350.
(2) A commission shall pay to the Oregon Department of Administrative Services an amount for services the department performs under subsection (1) of this section that the department determines is adequate to reimburse the department for the costs necessary to perform the services.
(3) At the commission’s request, the Oregon Department of Administrative Services may design and supervise the installation of an accounting system for the commission. The commission shall pay to the Oregon Department of Administrative Services an amount for services the department performs under this subsection that the department determines is adequate to reimburse the department for the costs necessary to perform the services. [1959 c.596 §32; 1967 c.419 §35; 1993 c.500 §48; 2003 c.794 §303; 2005 c.22 §§396,397; 2009 c.601 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.309 - Commission furnishing services, facilities and materials to other state agencies.

A commodity commission may elect to furnish services, facilities and materials to other commodity commissions, the Oregon Wheat Commission, the Oregon Beef Council or other state agencies and officers under ORS 283.110 to carry out the purposes of ORS 576.051 to 576.455. Upon requisition by the commission, any other commodity commission, the Oregon Wheat Commission, the Oregon Beef Council or any other state agency or officer may furnish services, facilities and materials to the commission under ORS 283.110. [1959 c.596 §33; 2003 c.604 §36]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.311 - Commission exempt from certain financial administration laws.

Except as otherwise provided in ORS 576.051 to 576.455, 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 a commodity commission or to the administration and enforcement of ORS 576.051 to 576.455. [1959 c.596 §34; 2005 c.22 §398]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.317 - 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) A commodity commission established under ORS 576.051 to 576.455 may, consistent with the purposes of the commission, develop intellectual property that relates to a commodity or assists in the implementation, maintenance or development of commission programs. A commodity commission may take all necessary and proper actions relating to the development of an intellectual property, including but not limited to entering into contracts and other agreements and owning, managing, disposing of or using the intellectual property. A commodity commission developing intellectual property shall adopt rules to govern the ownership, management, disposal and use of intellectual property and other activities of the commission relating to intellectual property.
(3) Moneys received by a commodity commission as a result of the commission’s ownership, management, disposal or use of intellectual property, or other activities of the commission relating to intellectual property, must be deposited to an account established and maintained by the commission pursuant to ORS 576.375. Moneys deposited under this section are continuously appropriated to the commodity commission possessing the account for the purpose of carrying out the duties, functions and powers of the commission. [2001 c.578 §1; 2003 c.604 §37]
Note:
576.317 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 576 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.320 - Commission employees not subject to state personnel compensation plans; commission not subject to office space regulation; fees for administrative services; rules.

(1) Wages or salaries of employees of a commodity commission established under ORS 576.051 to 576.455 are not subject to personnel compensation plans for state employees established by the Oregon Department of Administrative Services under ORS 240.235 to 240.250.
(2) A commodity commission established under ORS 576.051 to 576.455 is not required to utilize office space furnished or obtained by the Oregon Department of Administrative Services as provided in ORS chapter 276.
(3) The State Department of Agriculture may charge and collect from each commodity commission established under ORS 576.051 to 576.455 an assessment or fee to reimburse the department for supervisory or administrative functions the department is required by law to perform with regard to commodity commissions. The department shall establish the amount of the assessment or fee by rule. [1993 c.561 §2; 2003 c.604 §38]
Note:
576.320 was added to and made a part of ORS chapter 576 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.322 - Legislative ratification of prior actions, rules and appointments.

(1) As used in this section, "commodity commission" means a commission established under ORS 576.051 to 576.455.
(2) The Legislative Assembly declares that any action taken prior to May 13, 2013, by a commodity commission having one or more members who were not properly qualified at the time to serve on the commodity commission due to rules regulating the number or geographic representation of commodity commission members is valid and lawful to the same extent that the action would have been valid and lawful if the commodity commission had at the time of the action been in conformance with rules regulating the number and geographic representation of commodity commission members.
(3) Notwithstanding ORS 576.206 or 576.304 or any rules adopted under ORS 576.206, the Legislative Assembly ratifies and declares valid any rule adopted by a commodity commission prior to May 13, 2013, that created, amended or abolished a rule or other requirement regulating the number or geographic representation of the commodity commission members.
(4) Notwithstanding ORS 576.206 or any rules adopted under ORS 576.206 regarding the number or geographic representation of commodity commission members, the Legislative Assembly ratifies and validates the appointment prior to May 13, 2013, of any commodity commission members who would have qualified for the appointment if no applicable rules regulated the number or geographic representation of the commodity commission members. This subsection does not require the reinstatement of any member removed from a commodity commission prior to May 13, 2013, for any reason. [2013 c.90 §1]
Note:
576.322 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 576.327 - Exemptions from assessment; rules.

(1) A commodity commission may, by rule, establish exemptions from assessment based on:
(a) Commodity quantities;
(b) Types of commodity sale; and
(c) Types of commodity producer.
(2) When adopting a rule for exemptions under subsection (1) of this section, a commission must consider:
(a) Laws and rules of the United States and other states relating to commodity commissions, boards and marketing orders;
(b) The practices, procedures and customs unique to the production, handling, processing and trading of a particular commodity and to the producers and growers of that commodity; and
(c) The cost of collecting the particular assessment and practical problems relating to collection.
(3) A producer or handler that is exempted from assessment, but required to submit reports to a commission, is subject to ORS 576.351. [2003 c.604 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.335 - Report by person responsible for collecting assessment.

(1) A person responsible for collecting an assessment for a commodity commission shall make a report to the commission at the time and in the manner required by the commission.
(2) A person responsible for collecting an assessment for a commission who fails to deduct an assessment at the time of sale shall report and pay the assessment to the commission. A producer required to report and pay an assessment is subject to this section. [1953 c.489 §§24,26; 1959 c.596 §14; subsection (4) enacted as 1965 c.211 §3; 2003 c.604 §40]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.345 - Producer to make reports of and pay assessment moneys on certain sales.

(1) When a first purchaser lives or has an office in another state or is a federal or other governmental agency, the producer shall report all sales made to the purchaser on forms provided by the appropriate commodity commission and pay the assessment moneys directly to the commission, unless the first purchaser voluntarily makes the proper deduction and remits the proceeds to the commission.
(2) If a producer performs the handling or processing functions on all or a part of the production of the commodity that normally would be performed by another person as first purchaser, the producer shall report sales of the commodity from the production of the producer on forms provided by the appropriate commodity commission and pay the assessment moneys directly to the commission, unless the first purchaser voluntarily makes the proper deduction and remits the proceeds to the commission. [1953 c.489 §25; 1959 c.596 §15; subsection (2) enacted as 1959 c.596 §74; 2005 c.22 §400]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.351 - Records of person required to pay or collect assessment; inspections and audits.

(1) Each person required to pay or collect an assessment on a commodity under ORS 576.051 to 576.455 shall keep accurate records sufficient to enable a commodity commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports made or due to the commission.
(2) For purposes of determining the accuracy of assessments paid or due to a commission, the commission or a person authorized by the commission may:
(a) Make an inspection during normal business hours of the business premises of a person required to pay or collect an assessment; and
(b) Audit the records of a person required to pay or collect an assessment.
(3) For purposes of determining the accuracy of assessments paid or due to a commission, the commission may issue a subpoena for the production of any books, records or documents related to the payment or collection of an assessment to a person required to pay or collect the assessment.
(4) If an audit determines that a person is delinquent in the payment or collection of an assessment, the person shall pay the cost of the audit, not to exceed an amount equal to the delinquent assessment. [1959 c.596 §76; 2003 c.604 §41]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.355 - Penalty for delaying transmittal of funds.

(1) In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a commodity commission shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment.
(2) A commission may waive the penalty and interest described in subsection (1) of this section upon a showing of good cause.
(3) Notwithstanding subsection (1) of this section, if an assessment is collected pursuant to a federal marketing order or agreement, a commission may establish a penalty or interest rate that is consistent with that order or agreement. [1953 c.489 §28; 2003 c.604 §42]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 576 - Agricultural Marketing Generally › Section 576.365 - Penalty for failure to relinquish assessment moneys to commission; civil action or other remedies.

(1) If any person responsible for the transmittal of assessment moneys to a commodity commission fails to relinquish assessment moneys collected, the person shall pay a penalty equal to twice the amount of the unrelinquished assessment moneys.
(2) A commission may commence a civil action or utilize any other available legal or equitable remedy to collect an assessment or civil penalty, obtain injunctive relief or obtain specific performance under ORS 576.051 to 576.455.
(3) If the person responsible for the transmittal of assessment moneys is a corporation, all directors and officers of the corporation are personally liable for a failure to relinquish the assessment moneys collected by the corporation.
(4) If a commission obtains a favorable judgment in an action or suit under subsection (2) of this section, the court shall award the commission costs and reasonable attorney fees.
(5) Unless the person required to pay an assessment and the person responsible for collecting the assessment are related businesses, the commission may not collect from the person required to pay the assessment any amount deducted by the person responsible for collecting the assessment and due and owing to the commission. [1953 c.489 §27; 1959 c.596 §16; 2003 c.604 §43; 2015 c.27 §55]