(a) "Officer" means any of the following individuals:
(A) A president, vice president, secretary, treasurer or director of a corporation.
(B) A general partner in a limited partnership.
(C) A manager in a manager-managed limited liability company.
(D) A member of a member-managed limited liability company.
(E) A trustee.
(F) An individual that is an officer as defined by the State Department of Agriculture by rule. A definition of "officer" adopted by department rule may include individuals not listed in this paragraph who may exercise substantial control over a business.
(b) "Owner" means:
(A) A sole proprietor of, partner in or holder of a controlling interest in an applicant; or
(B) Any person that is an owner as defined by the department by rule.
(2) The State Department of Agriculture may adopt rules to require, as a condition of issuing a seed dealer license under ORS 633.700, that each seed dealer provide the department financial assurance for the performance by the seed dealer under any seed production contract or seed purchase contract entered into by the seed dealer.
(3) The department may refuse to issue a seed dealer license to an applicant if the applicant, any owner or officer of the applicant or any individual exercising substantial control over the seed industry activities of the applicant:
(a) Is a seed dealer for which the license has been suspended under ORS 576.802;
(b) Is or was an owner or officer of a seed dealer at the time of an event that resulted in the license of the seed dealer being suspended under ORS 576.802; or
(c) Was an individual who exercised substantial control over the seed industry activities of a seed dealer at the time of an event that resulted in the license of the seed dealer being suspended under ORS 576.802.
(4) An agent that enters into a seed production contract on behalf of a seed dealer is conclusively presumed to have actual authority to establish the performance obligations of the seed dealer under the contract. [2018 c.26 ยง9]
Note: See note under 576.780.
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.