(a) Any price stated in the seed production contract for seed not meeting quality standards;
(b) If not determined by the seed production contract, any price agreed to by the parties; or
(c) If not determined by the seed production contract or by agreement, the market price for seed of the same kind and quality as the produced seed. However, a seed price established by the use of market price may not exceed any price established in the seed production contract for seed that meets quality standards.
(2) An accord that creates a seed purchase contract under subsection (1) of this section does not affect the terms of a seed production contract for any seed that was not described in the test results and inquiry sent by the producer.
(3) A producer may send test results and make an inquiry under subsection (1) of this section in any manner that documents seed dealer receipt of the test results and inquiry. A seed dealer may send a response under subsection (1) of this section to a producer in any manner that documents producer receipt of the response.
(4) If, within 30 days after the seed dealer receives the test results and inquiry from the producer, the seed dealer has not delivered a response informing the producer that the seed dealer intends to purchase the seed, the seed dealer is deemed to have refused purchase of the seed and to have authorized the producer to sell the seed in a commercially reasonable manner as "Variety Not Stated Seed." This subsection does not authorize the sale of any seed, seed stock or plant life of a protected variety grown or used by the producer other than a sale of seed as "Variety Not Stated Seed." The remedy provided under this subsection is in addition to any other remedy available to a producer by law. An authorization for sale arising under this subsection is in addition to any other conditional or unconditional authorization for sale that a seed dealer may grant to a producer. [2011 c.356 ยง7]
Note: See note under 576.715.
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 576 - Agricultural Marketing Generally
Section 576.006 - Definitions for ORS 576.006 to 576.022.
Section 576.051 - Definitions for ORS 576.051 to 576.455.
Section 576.054 - Legislative findings.
Section 576.062 - Establishment of commodity commissions.
Section 576.066 - Department oversight of commodity commissions; rules.
Section 576.225 - Qualifications of members; changes in commission composition; rules.
Section 576.255 - Removal of members.
Section 576.265 - Travel and other expenses of members; per diem; rules.
Section 576.304 - Authority of commodity commissions; rules.
Section 576.307 - Provision of state services to commission.
Section 576.317 - Intellectual property; rules.
Section 576.322 - Legislative ratification of prior actions, rules and appointments.
Section 576.327 - Exemptions from assessment; rules.
Section 576.335 - Report by person responsible for collecting assessment.
Section 576.345 - Producer to make reports of and pay assessment moneys on certain sales.
Section 576.351 - Records of person required to pay or collect assessment; inspections and audits.
Section 576.355 - Penalty for delaying transmittal of funds.
Section 576.375 - Payment of commission moneys to authorized agent; financial transactions.
Section 576.410 - "Fiscal year" defined.
Section 576.413 - Adoption of calendar year as fiscal year.
Section 576.416 - Preparation of commission budget; annual financial statement.
Section 576.440 - Limitation on expenditures.
Section 576.445 - Unforeseen expenditures.
Section 576.455 - Moneys of abolished commission.
Section 576.610 - Definitions for ORS 576.610 to 576.650.
Section 576.700 - Definitions for ORS 576.700 to 576.710.
Section 576.710 - Applicability of ORS 576.705.
Section 576.715 - Definitions for ORS 576.715 to 576.744.
Section 576.718 - Seed production contract terms.
Section 576.721 - Payment due date provisions in contracts authenticated prior to planting.
Section 576.726 - Title; bailments; liens.
Section 576.729 - Seed purchase contract terms.
Section 576.732 - Contract modification; damages for breach.
Section 576.735 - Seed not meeting quality standards.
Section 576.738 - Seed dealer failure to timely make payment; fee.
Section 576.741 - Seed dealer financial assurance; rules; license refusal; agents.
Section 576.744 - Rules; mediation services.
Section 576.747 - Reporting adoption of rules regarding dealer financial assurance.
Section 576.780 - Definitions for ORS 576.780 to 576.809.
Section 576.783 - Terms of seed production contract.
Section 576.786 - Payment due date terms in contracts authenticated prior to planting.
Section 576.789 - Seed bailment contracts and seed purchase contracts; title; lien.
Section 576.792 - Terms of seed purchase contract.
Section 576.795 - Modification of contract; damages for breach.
Section 576.798 - Seed not meeting contract quality standards.
Section 576.802 - Failure of seed dealer to make timely payment; fee.
Section 576.806 - Financial assurance by seed dealer.
Section 576.809 - Rules; dispute resolution services.
Section 576.814 - Reporting adoption of rules regarding financial assurance by seed dealer.
Section 576.850 - Definitions for ORS 576.850 to 576.877.
Section 576.853 - Legislative findings.
Section 576.856 - Oregon Wine Board.
Section 576.862 - Board powers.
Section 576.865 - State wine cellar; sources; uses.
Section 576.868 - Rules; board employees.
Section 576.871 - Strategic plan; budget; rules.
Section 576.874 - Payment of tax; delayed payment; records; inspections and audits.