Chapter 55
AN ACT
HB 2292
Relating to bodies promoting agricultural
products; amending ORS 576.066, 576.206, 576.372 and 577.210 and sections 79,
84, 90 and 94, chapter 604, Oregon Laws 2003.
Be It Enacted by the People of
the State of
SECTION 1. ORS 576.066, as amended by section 29, chapter
604, Oregon Laws 2003, is amended to read:
576.066. (1) The
State Department of Agriculture shall:
[(1)] (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;
[(2)] (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;
[(3)] (c) Carry out the assigned organizational procedures
under ORS 576.051 to 576.455, including the appointment and removal of members
of the commission;
[(4)] (d) Review budgets submitted to the Director of
Agriculture by a commodity commission under ORS 576.416; and
[(5)] (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.
SECTION 2. ORS 576.206, as amended by section 5, chapter
604, Oregon Laws 2003, is amended to read:
576.206. (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) 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.
SECTION 3. ORS 576.372, as amended by section 23, chapter
604, Oregon Laws 2003, is amended to read:
576.372. (1) In
addition to any refund permitted under ORS 576.325, the Oregon Alfalfa Seed
Commission and the Oregon Grains Commission may adopt rules that provide for
the commodity commission adopting the rule to refund all or part of a commodity
assessment levied by the commission upon request of the person paying the
assessment. A rule adopted under this subsection may not provide for a
commission to refund an amount less than the portion of the assessment used by
the commission for advertising and product promotion.
(2) If a commission
adopts rules pursuant to subsection (1) of this section:
(a) Plans and projects
recommended by that commission are exempt from State Department of Agriculture
review and approval or disapproval under ORS 576.066 (2); and
(b) Notwithstanding ORS
576.206, the commission may vote to eliminate the position for a commissioner
who is a member of the public.
SECTION 4. ORS 577.210, as amended by section 61, chapter
604, Oregon Laws 2003, is amended to read:
577.210. (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).
SECTION 5. Section 79, chapter 604, Oregon Laws 2003, is
amended to read:
Sec.
79. The amendments to [section
77 of this 2003 Act] ORS 578.216 by section 78, chapter 604,
SECTION 6. Section 84, chapter 604, Oregon Laws 2003, is
amended to read:
Sec.
84. The amendments to [section
82 of this 2003 Act] ORS 578.025 by section 83, chapter 604,
SECTION 7. Section 90, chapter 604, Oregon Laws 2003, is
amended to read:
Sec.
90. The amendments to ORS 578.030 by section 89, chapter 604,
SECTION 8. Section 94, chapter 604, Oregon Laws 2003, is
amended to read:
Sec.
94. The amendments to ORS 578.040 by section 93, chapter 604,
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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