ORS Chapter 578 - Oregon Statutes

Chapter 578 — OregonWheat Commission

 

2009 EDITION

 

 

WHEATCOMMISSION

 

AGRICULTURALMARKETING AND WAREHOUSING

 

578.010     Definitions

 

578.020     Legislativefindings; purpose of chapter

 

578.025     Departmentoversight of commission; rules

 

578.030     OregonWheat Commission; members; appointment process; rules

 

578.040     Qualificationsof members

 

578.045     Declarationof vacancy when member ceases to qualify

 

578.060     Removalof members; compensation of members; rules

 

578.070     Chairpersonand vice chairperson of commission

 

578.080     Meetingsof commission

 

578.090     Dutiesand powers of commission

 

578.100     Acceptanceof grants, donations and gifts

 

578.105     Intellectualproperty; rules

 

578.110     Bondor letter of credit required of person authorized to receive or disburse commissionmoneys

 

578.120     Appointmentof administrator; duties; compensation

 

578.130     Locationof commission office

 

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

 

578.151     Preparationof commission budget; annual financial statements; deposit, withdrawal andinvestment of moneys

 

578.160     Services,facilities and materials furnished to and received from other state agencies

 

578.170     Commissionexempt from certain financial administration laws

 

578.181     Cancellationof uncollectible assessments; subsequent collection

 

578.190     Recordsand accounts of commission

 

578.211     Levyand collection of assessment; commission rules regulating sales activities;disputes over assessment amounts; assessment rules

 

578.216     Authorityof commission to adopt rules authorizing refunds; effect

 

578.251     Recordsof person required to pay assessment; inspections and audits

 

578.990     Penalties

 

      578.010Definitions.As used in this chapter, unless the context requires otherwise:

      (1)“Commercial channels” means the sale of wheat for use as food, feed, seed, orany industrial or chemurgic use, when sold to any commercial buyer, dealer,processor, cooperative, or to any person, public or private, who resells anywheat or product produced from wheat.

      (2)“Commission” means the Oregon Wheat Commission.

      (3)“Director” means the Director of Agriculture.

      (4)“First purchaser” means any person, corporation, association or partnershipthat buys wheat from the grower in the first instance, or any lienholder,public or private, who may possess wheat from the grower under any lien.

      (5)“Grower” means any landowner personally engaged in growing wheat; a tenant ofthe landowner personally engaged in growing wheat; and both the owner and thetenant jointly; and includes a person, partnership, association, corporation,cooperative, trust, sharecropper, and any and all other business units, devicesand arrangements.

      (6)“Sale” includes any pledge or mortgage of wheat, after harvest, to any person,public or private. [Amended by 1977 c.198 §25]

 

      578.020Legislative findings; purpose of chapter. (1) The Legislative Assemblyfinds and declares that:

      (a)It is in the interest of all the people that the abundant natural resources ofOregon be protected, fully developed and uniformly distributed.

      (b)The growing of wheat is an agricultural industry that contributes to theeconomic welfare of Oregon.

      (c)Because a surplus of wheat is grown in this state and, during recurrent years,that surplus has been in excess of all available markets, it is necessary thatadditional markets for wheat be found in order to provide profitableenterprises for wheat growers and to provide employment for labor and industrydependent upon wheat.

      (2)The purpose of this chapter is to promote the public health and welfare byproviding means for the protection and stabilization of the wheat industry inthis state. [Amended by 2003 c.604 §87]

 

      578.025Department oversight of commission; rules. (1) The State Department ofAgriculture shall:

      (a)Monitor the practices or methods used or proposed for use by the Oregon WheatCommission in carrying out the goals and needs disclosed by the budget of thecommission;

      (b)Promote cooperation among the commission, commodity commissions and the OregonBeef Council and assist in the interchange of information and experience amongthose entities;

      (c)Carry out the assigned organizational procedures under this chapter, includingproviding input to the Director of Agriculture for carrying out the duties ofthe director regarding the appointment and removal of members of thecommission;

      (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 andprojects recommended by the commission for wheat promotion, advertising andresearch and for the dissemination of consumer and wheat industry information.The department shall conduct the review to ensure that the plan or projectinformation 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]

 

      578.030Oregon Wheat Commission; members; appointment process; rules. (1) Therehereby is created the Oregon Wheat Commission. The Director of Agricultureshall appoint not fewer than six and not more than eight voting commissionmembers for terms of four years. Except as provided in ORS 578.216, one memberappointed by the director must be a member of the public.

      (2)The commission, by a rule approved by a majority of the nonpublic membersappointed under subsection (1) of this section, may create not more than twoadditional voting member positions on the commission. A person appointed to acommission position created under this subsection must be a representative ofthe wheat industry. The director shall appoint members to any positions createdunder this subsection for a term of two years. A person may not serve a totalof more than four terms as a member appointed under this subsection.Notwithstanding any term of appointment, a member position created under thissection may be eliminated by a rule approved by a majority of the nonpublicboard members appointed under subsection (1) of this section.

      (3)In making appointments of voting members to the commission the director:

      (a)Shall make all applications by qualified persons available to wheat grower organizationsfor review and ranking; and

      (b)Prior to making appointments, shall take into consideration rankings and anyrecommendations made by wheat grower organizations.

      (4)The director, or a duly authorized representative of the director, and the Deanof the College of Agricultural Sciences of Oregon State University, or a dulyauthorized representative of the dean, shall be nonvoting members of thecommission. [Amended by 1959 c.596 §35; 1977 c.198 §26; 1995 c.79 §315; 2003c.604 §§88,89; 2009 c.193 §§5,6]

 

      578.040Qualifications of members. (1) The voting members of the Oregon WheatCommission shall be selected and appointed because of their ability anddisposition to serve the state’s interest and their knowledge of the state’snatural resources. Voting members appointed under ORS 578.030 (1) must beUnited States citizens residing in this state.

      (2)A nonpublic member appointed under ORS 578.030 (1) must have been actuallyengaged in growing wheat in this state for the five year period immediatelyprior to being appointed to the commission. Of the nonpublic members appointedunder ORS 578.030 (1):

      (a)Not less than three shall be residents of and have farming operations in thatpart of the Columbia Basin comprising Umatilla, Morrow, Gilliam, Sherman, Wascoand Jefferson Counties.

      (b)Not less than one shall be a resident of and have a farming operation in theterritory lying east of the summit of the Cascade Mountains and not describedin paragraph (a) of this subsection.

      (c)Not less than one shall be a resident of and have a farming operation in theterritory lying west of the summit of the Cascade Mountains.

      (3)A public member shall be a person who is not associated with the production orhandling of wheat and who has an active interest in the positive economicdevelopment of the wheat industry.

      (4)A member appointed to a position added under ORS 578.030 (2) must be an owneror employee of a business entity that is engaged in the handling or processingof wheat produced in Oregon and have an active interest in the positiveeconomic development of the wheat industry. [Amended by 2003 c.604 §§92,93;2009 c.193 §§7,8]

 

      578.045Declaration of vacancy when member ceases to qualify. If the Directorof Agriculture finds that an appointed member of the Oregon Wheat Commissionhas ceased to qualify under ORS 578.040 for membership on the commission, thedirector shall immediately declare the position of that member vacant. [2009c.193 §2]

 

      578.050 [Repealed by2003 c.604 §109]

 

      578.060Removal of members; compensation of members; rules. (1)(a) A memberis removable by the Director of Agriculture as provided in ORS 578.045 or forneglect of duty or misconduct in office.

      (b)The director may remove a member only after serving the member with a copy ofthe charges against the member and conducting a public hearing. The directorshall serve the member with the copy of the charges and notice of the time andplace of the public hearing at least 10 days before the date of the hearing. Atthe public hearing, the member may be represented by counsel and may presentand respond to evidence regarding the charges.

      (c)If the director finds after a public hearing that there is cause to remove amember, the director shall send the member a notice under ORS 183.415 statingthe director’s intent to remove the member. If the member does not timely filea request for a contested case hearing, or if the director finds after acontested case hearing that there is cause to remove the member, the directormay issue an order removing the member. Upon the order becoming final byoperation of law, the director shall file with the Secretary of State a copy ofthe charges, all records and findings for the public hearing and any contestedcase hearing, and a copy of the order.

      (2)Members, officers and employees of the Oregon Wheat Commission shall receivetheir actual and necessary travel and other expenses incurred in theperformance of their official duties. The commission shall adopt uniform andreasonable rules governing the incurring and paying of such expenses. [Amendedby 1959 c.596 §36; 1977 c.198 §27; 2009 c.193 §9]

 

      578.070Chairperson and vice chairperson of commission. The OregonWheat Commission shall elect a chairperson and vice chairperson. [Amended by2009 c.193 §10]

 

      578.080Meetings of commission. (1) The Oregon Wheat Commission shall meet at leastfour times each year regularly and at such other times as called by thechairperson. The chairperson may call special meetings of the commission at anytime.

      (2)The commission may participate in meetings outside this state for the purposeof advancing the work of the commission. [Amended by 2003 c.604 §95; 2009 c.193§11]

 

      578.090Duties and powers of commission. (1) Consistent with the generalpurposes of this chapter, the Oregon Wheat Commission shall establish thepolicies to be followed in accomplishing those purposes.

      (2)In the administration of this chapter, the commission has the following duties,authorities and powers:

      (a)To conduct a campaign of research, education and publicity.

      (b)To find new markets for wheat and wheat products.

      (c)To give, publicize and promulgate reliable information showing the value ofwheat and wheat products for any purpose for which it is found useful andprofitable.

      (d)To make public and encourage the widespread national and international use ofthe special kinds of wheat and wheat products produced from the specialvarieties of wheat grown in Oregon.

      (e)To investigate and participate in studies of the problems peculiar to theproducers of wheat in Oregon.

      (f)To take such action as the commission deems necessary or advisable in order tostabilize and protect the wheat industry of the state and the health andwelfare of the public.

      (g)To lease, purchase or own the real or personal property deemed necessary in theadministration of this chapter.

      (h)To establish a reasonable per diem allowance, in addition to expenses under ORS578.060, to members of the commission while actually engaged in the performanceof their official duties, including necessary travel time.

      (3)In addition to exercising the powers listed in subsection (2) of this section,the commission may exercise the same powers that a commodity commission mayexercise under ORS 576.304 or 576.306. [Amended by 1959 c.596 §37; 1977 c.198 §28;2003 c.604 §96; 2007 c.71 §179; 2009 c.193 §12]

 

      578.100Acceptance of grants, donations and gifts. The Oregon Wheat Commission mayaccept grants, donations and gifts of funds from any source for expenditure forany purposes consistent with this chapter which may be specified as a conditionof any grant, donation or gift. [Amended by 1959 c.596 §38]

 

      578.105Intellectual property; rules. (1) As used in this section, “intellectualproperty” means patents, copyrights, trademarks, inventions, discoveries,processes, ideas and other similar property, whether or not they are patentableor copyrightable.

      (2)The Oregon Wheat Commission may, consistent with the purposes of thecommission, develop intellectual property that relates to wheat or assists inthe implementation, maintenance or development of commission programs. Thecommission may take all necessary and proper actions relating to thedevelopment of an intellectual property, including but not limited to enteringinto contracts and other agreements and owning, managing, disposing of or usingthe intellectual property. The commission may adopt rules to govern theownership, management, disposal and use of intellectual property and otheractivities of the commission relating to intellectual property.

      (3)Moneys received by the commission as a result of the ownership, management,disposal or use of intellectual property, or other activities of the commissionrelating to intellectual property, must be deposited to an account establishedand maintained by the commission. [2003 c.604 §85]

 

      578.110Bond or letter of credit required of person authorized to receive or disbursecommission moneys.The administrator and any other person authorized to receive or disburse moneysreceived by the Oregon Wheat Commission shall file with the commission afidelity bond executed by a surety company authorized to do business in thisstate, or an irrevocable letter of credit issued by an insured institution, asdefined in ORS 706.008, in either case in favor of the commission and the Stateof Oregon, in such amount equal to the maximum amount of moneys the commissiondetermines such person will have subject to the control of the person at anyone time and upon such conditions as the commission shall prescribe. The costof the bond or letter of credit shall be paid by the commission. [Amended by1959 c.596 §39; 1991 c.331 §87; 1997 c.631 §501]

 

      578.120Appointment of administrator; duties; compensation. (1) The OregonWheat Commission shall appoint an administrator, who may be an employee of thecommission. If the administrator is an employee of the commission, theadministrator shall be an unclassified employee for purposes of ORS chapter240. An administrator serves at the pleasure of the commission.

      (2)The administrator is a nonvoting member of the commission.

      (3)The administrator shall proceed immediately to prepare the plans and generalprogram necessary and adequate to carry out the policies that are adopted bythe commission.

      (4)The administrator shall be compensated in the amount fixed by the commission. [Amendedby 1959 c.596 §40; 2009 c.193 §13]

 

      578.130Location of commission office. The Oregon Wheat Commission mayestablish and maintain an office at any place within this state that thecommission selects. [Amended by 2009 c.193 §14]

 

      578.135Commission employees not subject to state personnel compensation plans;commission not subject to office space regulation; fees for administrativeservices; rules.(1) Wages or salaries of employees of the Oregon Wheat Commission are notsubject to personnel compensation plans for state employees established by theOregon Department of Administrative Services under ORS 240.235 to 240.250.

      (2)The commission is not required to utilize office space furnished or obtained bythe Oregon Department of Administrative Services as provided in ORS chapter276.

      (3)The State Department of Agriculture may charge and collect from the commissionan assessment or fee to reimburse the department for supervisory oradministrative functions the department is required by law to perform withregard to the commission. The department shall establish the amount of theassessment or fee by rule. [2003 c.604 §86]

 

      578.140 [Repealed by2003 c.604 §109]

 

      578.150 [1959 c.596 §47;repealed by 2003 c.604 §71 (578.151 enacted in lieu of 578.150)]

 

      578.151Preparation of commission budget; annual financial statements; deposit,withdrawal and investment of moneys. The Oregon Wheat Commission shall:

      (1)Adopt a budget, obtain budget approval and submit financial statements in thesame manner as a commodity commission acting under ORS 576.416.

      (2)Receive, deposit, invest, expend and budget moneys in the same manner as acommodity commission acting under ORS 576.375, 576.420, 576.440 and 576.445. [2003c.604 §72 (enacted in lieu of 578.150)]

 

      578.160Services, facilities and materials furnished to and received from other stateagencies.(1) ORS 576.307 is applicable to the Oregon Wheat Commission.

      (2)The Oregon Wheat Commission may elect to furnish services, facilities andmaterials to commodity commissions created under ORS 576.051 to 576.455, theOregon Beef Council or other state agencies and officers under ORS 283.110. [1959c.596 §49; 2003 c.604 §97]

 

      578.170Commission exempt from certain financial administration laws. Except asotherwise provided in this chapter, ORS 291.026, 291.201 to 291.222, 291.232 to291.260, 291.322 to 291.336, 292.210 to 292.250, 293.260 to 293.280, 293.295 to293.346 and 293.590 to 293.640 do not apply to the Oregon Wheat Commission orto the administration and enforcement of this chapter. [1959 c.596 §50]

 

      578.180 [1959 c.596 §83;repealed by 2003 c.604 §73 (578.181 enacted in lieu of 578.180)]

 

      578.181Cancellation of uncollectible assessments; subsequent collection. The OregonWheat Commission may cancel an uncollectible assessment consistent with ORS293.240. Subsequent collection of debt written off under ORS 293.240 isgoverned by ORS 293.245. [2003 c.604 §74 (enacted in lieu of 578.180)]

 

      578.190Records and accounts of commission. The Oregon Wheat Commission shall keepaccurate books, records and accounts of all its dealings which shall be open toinspection and audit by the Secretary of State. [1959 c.596 §§46,84; 1973 c.794§32]

 

      578.210 [Amended by1959 c.596 §41; 1975 c.174 §1; 1981 c.58 §1; 1991 c.972 §1; repealed by 2003c.604 §75 (578.211 enacted in lieu of 578.210)]

 

      578.211Levy and collection of assessment; commission rules regulating salesactivities; disputes over assessment amounts; assessment rules. (1)(a) TheOregon Wheat Commission may assess, levy and collect an assessment, the amountof which the commission shall determine, on all units of wheat grown orproduced in this state and sold in commercial channels. The commission may notapply an assessment to any transaction that occurred prior to the date that thecommission order assessing the assessment was entered.

      (b)The commission may assess, levy and collect a differential assessment, theamount of which the commission shall determine, based on the intended use, typeor variety of wheat.

      (c)All casual sales of wheat made by the producer direct to the consumer areexempt from the assessment.

      (d)The commission may, by rule, define and regulate handling, processing andcasual sales.

      (2)The commission shall assess and levy an assessment under subsection (1) of thissection to the producer at the time and in the manner prescribed by thecommission by rule. The commission is the owner of a collected assessment. A personwho collects an assessment holds the assessment in trust for the benefit of thecommission and the state and shall remit the assessment in the time and mannerprescribed by the commission by rule. The assessment shall be deducted asprovided by this section whether the wheat is stored in this or another state.

      (3)A lienholder who possesses wheat under the lien shall deduct the assessmentfrom the proceeds of the claim secured by the lien when the wheat is pledged ormortgaged.