ORS 576.304¹
Authority of commodity commissions
  • rules

A commodity commission may:

(1) Appoint all subordinate officers and employees of the commission, prescribe their duties and fix their compensation.

(2) Levy assessments under ORS 576.325 (Levy and collection of assessments).

(3) Borrow money in amounts that do not exceed estimated revenues from assessments for the year.

(4) Enter into contracts for carrying out the duties of the commission.

(5) Subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive), sue and be sued in the name of the commission.

(6) Request that the Attorney General prosecute in the name of the State of Oregon suits and actions for the collection of assessments levied by the commission.

(7) Study state and federal legislation with regard to tariffs, duties, reciprocal trade agreements, import quotas and other matters affecting commodity industries and the state. A commission may represent and protect the interests of a commodity industry regarding any legislation, proposed legislation or executive action affecting the commodity industry.

(8) Participate in federal and state hearings or other proceedings concerning regulation of the manufacture, distribution, sale or use of pesticides as defined in ORS 634.006 (Definitions) or other chemicals that are of use or potential use to producers of a commodity. This subsection does not authorize a commodity commission to regulate the use of pesticides.

(9) To the extent consistent with the duties of the commission, participate in and cooperate with local, state, national and international private organizations or governmental agencies that engage in work similar to that of a commodity commission.

(10) Provide mechanisms for maintaining and expanding existing markets and developing new domestic and foreign markets for a commodity, including but not limited to:

(a) Public relations programs;

(b) Media relations programs;

(c) Paid print, electronic and position advertising;

(d) Point of sale promotion and merchandising;

(e) Paid sales promotions and coupon programs; and

(f) Activities that prevent, modify or eliminate trade barriers that obstruct the free flow of a commodity to market.

(11) Conduct and fund research to:

(a) Enhance the commercial value of a commodity and products derived from the commodity;

(b) Discover the benefits to public health, the environment or the economy of consuming or otherwise using a commodity;

(c) Develop better and more efficient production, harvesting, irrigation, processing, transportation, handling, marketing and uses of a commodity;

(d) Control or eradicate hazards to a commodity, including but not limited to hazards from animals, pests and plants;

(e) Develop viable alternatives for the rotation of crops;

(f) Determine new or potential demand for a commodity and develop appropriate market development strategies for capturing that demand; and

(g) Measure the effectiveness of marketing, advertising or promotional programs.

(12) Gather, publicize and disseminate information that shows the importance of the consumption or other use of a commodity to public health, the environment, the economy and the proper nutrition of children and adults.

(13) Further the purposes of this section by funding scholarships for or providing financial assistance to persons or entities interested in a commodity.

(14) Adopt rules in accordance with ORS chapter 183 for carrying out the duties, functions and powers of the commission. [2003 c.604 §8 (enacted in lieu of 576.305)]

Notes of Decisions

Under Former Similar Statute (ORS 576.305)

This sec­tion does not give Oregon Sheep Commission authority to give public funds to a third party to use for third party's own purposes, even though those purposes may coincide with com­mis­sion's statutory func­tion. Oregonians Against Trapping v. Dept. of Agriculture, 56 Or App 78, 641 P2d 72 (1982)

Atty. Gen. Opinions

Under Former Similar Statute (ORS 576.305)

Expenditure of commodity com­mis­sion funds for activities concerning proposed legisla­tion, (1975) Vol 37, p 606

1 Legislative Counsel Committee, CHAPTER 576—Agricultural Marketing Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors576.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 576, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­576ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information