ORS Chapter 576

TITLE47

AGRICULTURALMARKETING AND WAREHOUSING

Chapter 576. AgriculturalMarketing Generally

577. OregonBeef Council

578. OregonWheat Commission

583. MilkMarketing, Production and Distribution

585. ProduceDealers

586. Warehouses;Grain and Commodity Inspection

587. Storageof Grain as Basis of Farm Credit

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Chapter 576 — AgriculturalMarketing Generally

2009 EDITION

AGRICULTURALMARKETING GENERALLY

AGRICULTURALMARKETING AND WAREHOUSING

MARKETDEVELOPMENT AND RESEARCH

576.006 Definitionsfor ORS 576.006 to 576.022

576.009 AgriculturalDevelopment Division

576.013 Purposeof market development and commodity development services; powers of department;limitations

576.019 Discriminationagainst any product or dealer prohibited

576.022 Authorityand functions of Oregon State University unaffected; department may seekinformation from university

576.024 Departmentauthorized to inspect records and businesses for economic study purposes

576.035 Marketnews service in Klamath Basin, central Oregon and Malheur areas

COMMODITYCOMMISSIONS

(Generally)

576.051 Definitionsfor ORS 576.051 to 576.455

576.053 Shorttitle

576.054 Legislativefindings

576.062 Establishmentof commodity commissions

576.066 Departmentoversight of commodity commissions; rules

(Organization)

576.206 Appointmentof temporary members; rules; appointment of commissioners; commissionerqualifications; compensation

576.215 Exofficio members of commission

576.225 Qualificationsof members

576.245 Officevacant when member ceases to be qualified

576.255 Removalof members

576.265 Traveland other expenses of members; per diem; rules

576.275 Meetingplace of commission

576.285 Commissionorganization; meetings

576.304 Authorityof commodity commissions; rules

576.306 Independentcontractors performing services for commission; rentals and acquisitions; rules

576.307 Provisionof state services to commission

576.309 Commissionfurnishing services, facilities and materials to other state agencies

576.311 Commissionexempt from certain financial administration laws

576.315 Grants,donations and gifts

576.317 Intellectualproperty; rules

576.320 Commissionemployees not subject to state personnel compensation plans; commission notsubject to office space regulation; fees for administrative services; rules

(Assessmentand Budgeting)

576.325 Levyand collection of assessments; commission rules regulating sale activities;maximum assessment rates

576.327 Exemptionsfrom assessment; rules

576.335 Reportby person responsible for collecting assessment

576.345 Producerto make reports of and pay assessment moneys on certain sales

576.351 Recordsof person required to pay or collect assessment; inspections and audits

576.355 Penaltyfor delaying transmittal of funds

576.365 Penaltyfor failure to relinquish assessment moneys to commission; civil action orother remedies

576.370 Disputesover assessment amounts; rules governing disputes and establishing assessmentperiods

576.372 Authorityof some commissions to adopt rules authorizing refunds; effect

576.375 Paymentof commission moneys to authorized agent; deposits and withdrawals; investments

576.385 Bondor letter of credit required of person authorized to receive or disbursecommission moneys

576.392 Cancellationof uncollectible assessment; subsequent collection

576.395 Books,records and accounts of commission

576.410 “Fiscalyear” defined

576.416 Preparationof commission budget; annual financial statement

576.420 Expendituresprohibited unless budget procedure complied with

576.440 Limitationon expenditures

576.445 Unforeseenexpenditures

576.455 Moneysof abolished commission

576.595 Salesare in commercial channels

MEDIATIONOF MARKETING DISPUTES

576.610 Definitionsfor ORS 576.610 to 576.650

576.620 Departmentto perform mediation services; employees; qualifications

576.630 Requestfor mediation; meeting with parties

576.640 Rules

576.650 Cooperationby state agencies

PAYMENTFOR AGRICULTURAL COMMODITIES

576.700 Definitionsfor ORS 576.700 to 576.710

576.705 Processorsrequired to pay for commodities within 30 days after delivery; interest on latepayments

576.710 Applicabilityof ORS 576.705

576.725 Definitionsfor ORS 576.725 and 576.727

576.727 Seedproduction or purchase contracts

OREGONWINE BOARD; WINE CELLAR

576.750 Definitionsfor ORS 576.750 to 576.775

576.751 Legislativefindings

576.753 OregonWine Board

576.756 Boardpurpose and duties

576.759 Boardpowers

576.763 Statewine cellar; sources; uses

576.766 Rules;board employees

576.768 Strategicplan; budget; rules

576.771 Paymentof tax; delayed payment; records; inspections and audits

576.775 Dispositionof moneys; research and promotion

PENALTIES

576.991 Penalties

576.005 [1953 c.489 §1;1955 c.732 §1; renumbered 576.051]

MARKETDEVELOPMENT AND RESEARCH

576.006Definitions 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 fruitproducts of the soil, livestock and meats, poultry, eggs, dairy products, andany 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 processedstate used by human or animal as food. [1955 c.572 §1]

576.009Agricultural Development Division. There is established within the StateDepartment of Agriculture an Agricultural Development Division which shall havethe powers and duties conferred by ORS 576.006 to 576.022, and as specified bythe Director of Agriculture. The Agricultural Development Division shallconsist of a market development service and a commodity development service. [1955c.572 §2; 1983 c.740 §221; 1985 c.623 §3]

576.010 [Repealed by1953 c.119 §2]

576.013Purpose of market development and commodity development services; powers ofdepartment; limitations. (1) The purpose of the market development serviceof the Agricultural Development Division shall be to assist in theestablishment and development of new markets and to maintain or expand existingdomestic and foreign markets for farm and food commodities produced orprocessed in this state. The purpose of the commodity development service ofthe Agricultural Development Division shall be to assist in the development andimprovement of farm and food commodities and their values and uses.

(2)In furthering the purpose of the market development service, the StateDepartment of Agriculture may:

(a)Collect and disseminate information relating to the availability, quality anduses of farm and food commodities produced or processed in this state,including participation in demonstrations, fairs and exhibits;

(b)Serve as an intermediary between prospective purchasers and sellers of farm andfood commodities produced or processed in this state as to source of supply anddemand;

(c)After notice to and with the approval of the Governor, represent the state inmatters of legislation or rulemaking affecting the establishment, development,maintenance or expansion of markets for farm and food commodities produced orprocessed in this state;

(d)Cooperate with and aid producers, processors, distributors and prospectivepurchasers of farm and food commodities in establishing, or improving andmaintaining, an efficient system of production, processing, distribution andmarketing of farm and food commodities;

(e)Investigate delays, embargoes, conditions and practices, charges and rates inthe marketing, transportation and handling of farm and food commoditiesproduced or processed in this state, and when an investigation discloses aprobable violation of state or federal law, make recommendations to the properstate or federal authorities for appropriate action;

(f)Engage in negotiations with common and contract carriers and initiate orparticipate in the prosecution of proceedings before agencies engaged infreight rate regulation within or without this state in matters relating to theestablishment of new freight rates, the modification of existing freight ratesor to unjust, unreasonable or discriminatory rates or practices affecting thecost of transportation, production or processing of farm or food commoditiesproduced or processed in this state;