75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3777
 
                         House Bill 3486
 
Sponsored by Representative BERGER; Representative CLEM
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires that commodity commission assess commodity in
differing amounts based on use, type or variety. Requires Oregon
Blueberry Commission to assess blueberries only on percentage of
dollar value basis.
 
                        A BILL FOR AN ACT
Relating to commodity commissions; amending ORS 576.325.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 576.325 is amended to read:
  576.325. (1) As used in this section, 'industry average unit
price' means the average unit price for the raw commodity within
the industry. Unless provided otherwise, 'industry average unit
price' includes prices that are calculated using a one-year,
two-year or three-year average and data from the most recent
complete year or years preceding the year of determination.
  (2)(a) A commodity commission may assess, levy and collect an
assessment, the amount of which the commission shall determine,
on all units or animals of the commodity grown or produced in
this state, or procured from this state's rivers or the offshore
waters, but not the Columbia River, for handling within this
state, and sold in commercial channels. A commission may not
apply an assessment to a transaction that occurred prior to the
effective date of the commission rule adopting the assessment.
  (b) A commission   { - may - }  { +  shall + } assess, levy and
collect a differential assessment, the amount of which the
commission shall determine, based on the intended use, type or
variety of the commodity.
  (c) All casual sales of the commodity made by the producer
direct to the consumer are exempt from the assessment.
  (d) A commission may, by rule, define and regulate handling,
processing and casual sales.
  (3) The amount of the assessment provided for in subsection (2)
of this section is limited as follows:
  (a) If a commission assesses on a unit basis, the assessment
may not exceed one and one-half percent of the industry average
unit price. The commission may determine the industry average
unit price by considering data and estimates of the United States
Department of Agriculture, Oregon State University or other
reliable sources.
  (b) If a commission assesses on a percentage of dollar value
basis, the assessment may not exceed one and one-half percent of
the dollar value received by a producer for the raw commodity. If
the dollar value received by a producer is not otherwise
determinable, the commission may establish the dollar value based
on the industry average unit price for that year for the raw
commodity.
  (4) Notwithstanding subsection (3) of this section:
  (a) The maximum assessment by the Oregon Clover Seed Commission
may not exceed one and one-half percent of the industry average
unit price for products within the same market category, if
assessed on a unit basis.
  (b) The maximum assessments by the Oregon Albacore Commission,
the Oregon Orchardgrass Seed Producers Commission and the Oregon
Tall Fescue Commission may not exceed three percent of the
industry average unit price if assessed on a unit basis or three
percent of the value received by a producer for the raw commodity
if assessed on a percentage of dollar value basis.
  (c) The maximum assessment by the Oregon Sweet Cherry
Commission for fresh, brined, canned and frozen cherries may not
exceed four percent of the respective industry average unit
prices for fresh, brined, canned and frozen cherries if assessed
on a unit basis.
  (d) The maximum assessment by the Oregon Processed Vegetable
Commission on a commodity may not exceed 0.5 percent of the
industry average unit price for that commodity if assessed on a
unit basis or 0.5 percent of the dollar value received by a
producer for the commodity if assessed on a percentage of dollar
value basis.
  (e) The maximum assessment by the Oregon Hop Commission may not
exceed two percent of the industry average unit price if assessed
on a unit basis.
  (f) The maximum assessment by the Oregon Sheep Commission may
not exceed five cents per pound on all wool, in the grease basis,
sold through commercial channels. The commission may not adopt an
assessment that is more than one-half cent per pound of wool, in
the grease basis, above the assessment for the previous year.
   { +  (g) The Oregon Blueberry Commission may assess only on a
percentage of dollar value basis. + }
  (5) A commission shall assess and levy an assessment under
subsections (2) to (4) of this section to the producer at the
time and in the manner provided by the commission by rule. The
commission is the owner of a collected assessment. A person who
collects an assessment holds the assessment in trust for the
benefit of the commission and the state and shall remit the
assessment in the time and manner required by the commission
under ORS 576.335.
  (6) Notwithstanding subsection (5) of this section, a
commission may assess, levy and collect an assessment from a
first purchaser at the time and in the manner provided by the
commission by rule. Except as provided in subsection (8) of this
section, the assessment may not exceed the limits described in
subsections (3) and (4) of this section.
  (7) A regional commission may assess, levy and collect an
assessment only on the commodity produced in the counties in
which the regional commission functions.
  (8) Notwithstanding subsections (3) and (4) of this section, a
commodity commission may assess, levy and collect an assessment
in excess of the limits described in subsections (3) and (4) of
this section pursuant to a federal marketing order or agreement.
  (9) A person who believes that the amount of an assessment is
incorrect may apply to the commission for a refund not later than
60 days after the person pays the assessment.
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