(2) A seed production contract or seed purchase contract may not vary the terms of the remedy provided by this section. A seed dealer may appeal the notice given by the department under this section as provided in ORS chapter 183. This section does not prevent a producer or seed grower from filing a notice of lien against a seed dealer.
(3) If a seed dealer fails to make payment as required by a notice given by the department under this section, the department shall suspend any seed dealer license issued to the dealer until the dealer demonstrates to the satisfaction of the department that the dealer is current on all payments due to all producers and seed growers. An order suspending a license under this subsection is subject to ORS chapter 183. However, the department may not suspend a seed dealer license under this section using the procedure described in ORS 183.430 (2).
(4) A seed dealer that fails to make payment on a seed production contract or seed purchase contract as required by a notice given by the department under this section is considered to have authorized the producer or seed grower to sell in a commercially reasonable manner any seed from the contract that is still in the possession of the producer or seed grower. This subsection does not prevent a seed dealer from giving consent to the producer or seed grower by other means and does not supersede the terms of a consent given by other means.
(5) The department may charge a producer or seed grower a fee, not to exceed $50, for determining whether payment has been made in accordance with the terms of a seed production contract or seed purchase contract. The department may charge a producer or seed grower a fee, not to exceed $200, for notifying a seed dealer in writing regarding the deadline for payment of delinquent amounts plus interest. [2011 c.356 ยง8]
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.