ORS 576.783¹
Terms of seed production contract

(1) The following terms apply to seed production contracts:

(a) If the contract does not settle the price of the other seed, the contract is enforceable and the price shall be determined as described in ORS 72.3050 (Open price term) (1) to (3).

(b) Except as provided in ORS 576.786 (Payment due date terms in contracts authenticated prior to planting) (1) or (3), payment to the producer is due no later than the earliest of the following:

(A) The dates specified in the contract.

(B) Thirty days after seed delivery.

(C) July 1 of the calendar year following the harvesting of the seed.

(c) Unless expressly provided otherwise in a seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the other seed, the risk of loss and the responsibility for the payment of storage fees transfer from the producer to the seed dealer upon the earlier of:

(A) The delivery of the seed to the seed dealer pursuant to a notice from the seed dealer; or

(B) The delivery to the seed dealer of test results establishing that the seed meets quality standards set forth in the contract.

(2) It is an implied condition of any price or payment requirement described in subsection (1) of this section that the producer is performing, or has completed performance, in accordance with the seed production contract and has not otherwise breached the contract.

(3) Except as provided in subsection (5) of this section, a seed production contract described in this section may contain any additional terms agreed to by the parties.

(4) If a seed production contract is extended or renewed, for the extension or renewal period the parties may:

(a) Subject to paragraph (b) of this subsection, continue the terms of the original contract or agree to new or different contract terms; and

(b) Agree to payment due date terms as provided under this section or under ORS 576.786 (Payment due date terms in contracts authenticated prior to planting) (3).

(5) A seed production contract may not:

(a) Provide for exclusive venue or jurisdiction in another state;

(b) Provide for the terms of the contract to be interpreted under the laws of another state;

(c) Waive the application of ORS 576.780 (Definitions for ORS 576.780 to 576.809) to 576.809 (Rules) to the contract; or

(d) Authorize a unilateral material modification of the contract.

(6) Subject to ORS 72.2010 (Formal requirements: statute of frauds), subsections (1) and (5) of this section also apply to a nonwritten agreement for the production of other seed.

(7) A term in a seed production contract that conflicts with subsection (1) or (5) of this section is void as a matter of public policy.

(8) ORS 576.705 (Processors required to pay for commodities within 30 days after delivery) does not apply to a processor as defined in ORS 576.700 (Definitions for ORS 576.700 to 576.710) that arranges for the production of other seed under a contract that is subject to this section or ORS 576.786 (Payment due date terms in contracts authenticated prior to planting). [2018 c.26 §2]

Note: See note under 576.780 (Definitions for ORS 576.780 to 576.809).

1 Legislative Counsel Committee, CHAPTER 576—Agricultural Marketing Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors576.­html (2019) (last ac­cessed May 16, 2020).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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