Chapter 66 Oregon Laws 2001

AN ACT

SB 311

Relating to certified alfalfa seed; amending ORS 586.210 and 586.270.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 586.210 is amended to read:

586.210. As used in ORS 586.210 to 586.730, unless the context requires otherwise:

[(1) “Certified alfalfa seed” means alfalfa seed that has been certified by Oregon State University as authorized in ORS 633.511 to 633.750.]

[(2)] (1) “Department” means the State Department of Agriculture.

[(3)] (2) “Grain” means wheat, corn, oats, barley, rye, flaxseed, [certified alfalfa seed,] soybeans, grain sorghum, dry beans and peas and any other grain for which standards are established by the state or the federal government.

[(4)] (3) “Handling” includes receiving and loading out grain tendered for storage.

[(5)] (4) “Public terminal warehouse” means any public warehouse located in a city of this state designated as an inspection point by the department.

[(6)] (5) “Public warehouse” includes any elevator, mill, warehouse or other structure in which grain is received from one or more members of the public for storage or handling for compensation.

[(7)] (6) “Warehouseman” includes any person, existing legal entity or municipality owning, operating or controlling any public warehouse.

SECTION 2. ORS 586.270 is amended to read:

586.270. (1) Every person operating any public warehouse in this state shall, before July 1 of each year, procure from the State Department of Agriculture a license for each such warehouse so operated for the ensuing year, before transacting business at such public warehouse; but the holder of a license to store grain under the United States Warehouse Act shall furnish the department with a copy of such license and bond and, having furnished such copies, is not required to secure a state license or pay state warehouse inspection fees during the time the license holder continues to operate under the federal license. The license shall be posted in a conspicuous place in the office of each warehouse.

(2) Application for a license under this section shall be made to the department upon forms furnished by it. The application shall include:

(a) The name and address of the applicant.

(b) The location of each public warehouse of the applicant.

(d) The tariff schedule of charges to be made at each public warehouse for the handling, storage and shipment of grain during the license year.

(e) Documentation satisfactory to the department that the applicant has net assets of at least $50,000.

(f) Such other information as the department deems necessary to carry out the purposes of ORS 586.210 to 586.730.

(3) The applicant shall submit with the application an annual license fee of $500 for each public warehouse.

[(4) In addition to the license fee required by subsection (3) of this section, every applicant who handles or stores certified alfalfa seed shall pay a fee not to exceed $75, as determined by the department after public hearing in accordance with the provisions of ORS 183.310 to 183.550, to reimburse the department for the additional administrative expense involved in applying ORS 586.210 to 586.730 to a warehouseman who handles or stores certified alfalfa seed.]

[(5)] (4) The department shall issue a license to the applicant if it finds that the application is in due form and the applicant has complied with the provisions of ORS 586.210 to 586.730.

Approved by the Governor April 10, 2001

Filed in the office of Secretary of State April 10, 2001

Effective date January 1, 2002

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