(2)(a) A majority of the temporary members must be producers.
(b) A producer member appointed under subsection (1) of this section must have produced hemp under a license or registration issued by the State Department of Agriculture for at least three years prior to the member’s appointment.
(c) At least one member must be a processor. A processor member appointed under this subsection must have processed hemp under a license or registration issued by the department for at least three years prior to the member’s appointment.
(d) At least one member must be a member of the public who is not associated with the production or processing of hemp.
(3) The temporary members shall adopt rules for the commission in accordance with ORS chapter 183, including but not limited to rules:
(a) Establishing the number and geographic representation of the commissioners;
(b) Providing for recommending the removal of commissioners;
(c) Setting a stipend and per diem for the commissioners; and
(d) Relating to the assessment rate and procedures described in ORS 571.400 to 571.501.
(4) The terms of temporary members expire on the date of the first meeting of the commissioners appointed under subsection (6) of this section, but not later than one year after September 25, 2021.
(5) A qualified temporary member is eligible for appointment to a term on the commission under subsection (6) of this section.
(6) Except as provided in subsection (11) of this section, the director shall appoint the commissioners to the commission in accordance with rules adopted under subsection (3) of this section. In appointing the commissioners, the director shall consider any recommendations by commodity commissions, producers and producer associations. The commissioners appointed under this subsection may be the same as the temporary members appointed under subsection (1) of this section. All commissioners must be citizens of the United States and residents of this state.
(7)(a) All commissioners other than processors and the members of the public must be producers.
(b) A majority of the commissioners must be producers that have produced hemp under a license or registration issued by the department for at least three years prior to appointment to the commission.
(c) At least one commissioner must be a processor that has processed hemp under a license or registration issued by the department for at least three years prior to the commissioner’s appointment.
(d) At least one commissioner must be a member of the public who is not associated with the production or processing of hemp.
(8) The term of a commissioner appointed under subsection (6) of this section is four years unless a shorter term is established by the commission by rule to provide for staggered terms. A commissioner is eligible for reappointment unless otherwise provided by the commission by 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 the commission for any reason, including a reason specified in ORS 571.410 or 571.414, the director shall appoint a person to the unexpired term.
(9) The commission shall select one member to serve as chairperson, another member to serve as vice chairperson and another member to serve as secretary-treasurer with the duties and powers that the commission deems appropriate to those offices.
(10) A temporary member of the commission and a commissioner are 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.
(11) The commission may amend the rules adopted by the temporary members under subsection (3) of this section. [2021 c.216 §4]
Note: See note under 571.400.
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 571 - Nursery Stock; Licensed Agricultural Crops
Section 571.005 - Definitions for ORS 571.005 to 571.230.
Section 571.015 - Policy; department to maintain nursery service; duties.
Section 571.025 - State Nursery Research and Regulatory Committee.
Section 571.038 - Plant Pest and Disease Emergency Response Fund.
Section 571.045 - Exemption from licensing requirements.
Section 571.057 - License application; contents; fee; assessments.
Section 571.059 - License fee surcharge.
Section 571.063 - Temporary nursery sale license; application; fee; rules; conditions.
Section 571.075 - Renewal of license; rules; forfeiture.
Section 571.095 - Form of license; display required.
Section 571.105 - Agent’s license.
Section 571.115 - License not transferable; moving place of business.
Section 571.125 - Suspension, revocation or refusal of license.
Section 571.170 - Substitution or transportation of uninspected nursery stock prohibited.
Section 571.210 - Hold order on defective nursery stock; condemnation.
Section 571.230 - Disposition and use of moneys received.
Section 571.260 - Short title.
Section 571.263 - Oregon Hemp State Program; rules.
Section 571.266 - Exclusion from ORS 571.260 to 571.348.
Section 571.269 - Definitions for ORS 571.260 to 571.348; rules.
Section 571.272 - Regulation by department; commodities.
Section 571.275 - Commission powers regarding industrial hemp; notice.
Section 571.278 - Industrial Hemp Fund.
Section 571.281 - Grower and handler license; records; inspection; nonconforming crop; fees; rules.
Section 571.285 - Revocation or refusal of licensure; rules.
Section 571.287 - Requirement to conduct criminal records check on applicant for grower license.
Section 571.290 - Industrial hemp propagation.
Section 571.291 - Crop location.
Section 571.294 - Charges for sampling or testing; fee.
Section 571.309 - Industrial hemp product concentration, serving standards; rules.
Section 571.316 - Required reporting to department; rules.
Section 571.319 - Destruction, remediation of specified industrial hemp crop; rules.
Section 571.325 - Agricultural hemp seed labeling and certification; rules.
Section 571.327 - Hemp seed sales; packaging; rules.
Section 571.330 - Laboratory testing; limitation on sales, transfers; rules.
Section 571.333 - Industrial hemp crop concentration standards; test results.
Section 571.345 - Remediation for unintentional violation; rules.
Section 571.348 - Civil penalty; appropriation.
Section 571.400 - Definitions for ORS 571.400 to 571.501.
Section 571.402 - Declarations; purposes of ORS 571.400 to 571.501.
Section 571.404 - Duties of State Department of Agriculture; rules.
Section 571.406 - Temporary members of Oregon Hemp Commission; terms; rules.
Section 571.408 - Ex officio members of Oregon Hemp Commission.
Section 571.410 - Required declaration of vacancy of producer, processor office.
Section 571.412 - Required declaration of vacancy of public member office.
Section 571.414 - Authority to remove member of Oregon Hemp Commission.
Section 571.417 - Payment for member of Oregon Hemp Commission; expenses; rules.
Section 571.423 - Powers of Oregon Hemp Commission; rules.
Section 571.429 - Oregon Hemp Commission authority, duties relating to moneys.
Section 571.438 - Exemption from certain financial administration laws.
Section 571.444 - Intellectual property; rules.
Section 571.450 - Exemptions from assessments; rules.
Section 571.453 - Assessment collection requirements.
Section 571.462 - Penalty for delayed payment of assessment.
Section 571.465 - Penalty for failure to pay assessment; civil action.
Section 571.468 - Dispute regarding amount of assessment; rules.
Section 571.471 - Financial activity of Oregon Hemp Commission.
Section 571.474 - Fidelity bond; conditions on bond; payment of cost of bond.
Section 571.477 - Cancellation of uncollectible assessment.
Section 571.480 - Maintenance of books, records and accounts.
Section 571.483 - Oregon Hemp Commission budget; meeting requirement; annual financial statement.
Section 571.486 - Requirement to comply with ORS 571.483 in order to make, incur expenditure.
Section 571.489 - Limitation on amount, purpose of expenditure.
Section 571.492 - Unforeseen expenditure; fund transfer.
Section 571.495 - Distribution of moneys upon abolishment of Oregon Hemp Commission.
Section 571.498 - Sale of hemp considered sale in commercial channels.
Section 571.501 - Penalty for violation of ORS 571.400 to 571.501.
Section 571.505 - Definitions for ORS 571.510 to 571.580.
Section 571.510 - Policy; department to maintain Christmas tree service; duties.
Section 571.515 - State Christmas Tree Advisory Committee.
Section 571.520 - Exemptions from licensing requirements.
Section 571.530 - License application; contents; license fee.
Section 571.535 - Renewal of license; rules.
Section 571.540 - Form of license; display required.
Section 571.550 - Suspension, revocation or refusal of license.
Section 571.555 - Issuance of shipping permit numbers.
Section 571.570 - Substitution or transportation of uninspected Christmas tree stock.
Section 571.575 - Knowingly offering to sell infected or infested Christmas tree stock.
Section 571.600 - Definitions for ORS 571.605 to 571.620.
Section 571.605 - Economic development assistance.
Section 571.610 - Technical business assistance.
Section 571.615 - Workforce training assistance.
Section 571.620 - Identification and mapping of marketable stands.
Section 571.625 - Western Juniper Industry Fund.
Section 571.650 - Definitions for ORS 571.650 to 571.660.
Section 571.655 - License required; prohibitions.
Section 571.660 - Rules; fees.
Section 571.670 - Disposition of fee moneys.
Section 571.993 - Penalty for violation of ORS 571.655.
Section 571.997 - Civil penalties for ORS 571.055 and 571.525.