2011 ORS § 621.740¹
Liability for payment of fees

(1) The producer or person requesting official testing and related testing services from the State Department of Agriculture, as authorized under ORS 621.730 (Department to provide testing) and 621.750 (Sampling and testing) shall pay the fees established under ORS 621.730 (Department to provide testing) as provided by rule of the department.

(2) If the producer or person requesting the services is selling milk to a first handler as defined and prescribed in ORS chapter 583, or to a distributor, producer-distributor or dairy products plant licensee, the department may forward an itemized statement for services rendered to the person requesting the services and also to the first handler, distributor, producer-distributor or licensee. The first handler, distributor, producer-distributor or licensee shall pay the itemized amount to the department and shall deduct that amount from the amount paid to the producer or other person selling milk in the same manner and under the same procedures as set forth in ORS 583.046 (Poundage fee on Grade A milk). Any first handler, distributor, producer-distributor or licensee who refuses to make the deduction shall pay the itemized amount to the department.

(3) Subsection (2) of this section does not relieve the producer or person requesting the services from being primarily responsible for payment to the department. The department may take all actions necessary to collect the amount due against the producer or person requesting the services. [1965 c.474 §4; 1999 c.197 §59]