ORS 576.798
Seed not meeting contract quality standards


(1)

If testing as provided under a seed production contract establishes that other seed does not meet the quality standards set forth in the contract, the producer may at any time send the test results to the seed dealer and inquire whether the seed dealer intends to purchase the seed. If, within 30 days after the seed dealer receives the test results and inquiry from the producer, the seed dealer delivers a response informing the producer that the seed dealer intends to purchase the seed, the response is an accord that forms a seed purchase contract for the seed purchased under this subsection. Except as provided in this subsection regarding price, the parties may establish the terms of the seed purchase contract as provided under ORS 576.792 (Terms of seed purchase contract). The price of the seed that is subject to the seed purchase contract shall be:

(a)

Any price stated in the seed production contract for seed not meeting quality standards;

(b)

If not determined by the seed production contract, any price agreed to by the parties; or

(c)

If not determined by the seed production contract or by agreement, the market price for seed of the same kind and quality as the produced seed. However, a seed price established by the use of market price may not exceed any price established in the seed production contract for seed that meets quality standards.

(2)

An accord that creates a seed purchase contract under subsection (1) of this section does not affect the terms of a seed production contract for any seed that was not described in the test results and inquiry sent by the producer.

(3)

A producer may send test results and make an inquiry under subsection (1) of this section in any manner that documents seed dealer receipt of the test results and inquiry. A seed dealer may send a response under subsection (1) of this section to a producer in any manner that documents producer receipt of the response.

(4)

If, within 30 days after the seed dealer receives the test results and inquiry from the producer, the seed dealer has not delivered a response informing the producer that the seed dealer intends to purchase the seed, the seed dealer is deemed to have refused purchase of the seed and to have authorized the producer to sell the seed in a commercially reasonable manner as “Variety Not Stated Seed.” This subsection does not authorize the sale of any seed, seed stock or plant life of a protected variety grown or used by the producer other than a sale of seed as “Variety Not Stated Seed.” The remedy provided under this subsection is in addition to any other remedy available to a producer by law. An authorization for sale arising under this subsection is in addition to any other conditional or unconditional authorization for sale that a seed dealer may grant to a producer. [2018 c.26 §7]
Note: See note under 576.780 (Definitions for ORS 576.780 to 576.809).

Source: Section 576.798 — Seed not meeting contract quality standards, https://www.­oregonlegislature.­gov/bills_laws/ors/ors576.­html.

576.006
Definitions for ORS 576.006 to 576.022
576.009
Agricultural Development Division
576.013
Purpose of market development and commodity development services
576.019
Discrimination against any product or dealer prohibited
576.022
Authority and functions of Oregon State University unaffected
576.024
Department authorized to inspect records and businesses for economic study purposes
576.035
Market news service in Klamath Basin, central Oregon and Malheur areas
576.051
Definitions for ORS 576.051 to 576.455
576.053
Short title
576.054
Legislative findings
576.062
Establishment of commodity commissions
576.066
Department oversight of commodity commissions
576.206
Appointment of temporary members
576.215
Ex officio members of commission
576.225
Qualifications of members
576.245
Office vacant when member ceases to be qualified
576.255
Removal of members
576.265
Travel and other expenses of members
576.275
Meeting place of commission
576.285
Commission organization
576.304
Authority of commodity commissions
576.306
Independent contractors performing services for commission
576.307
Provision of state services to commission
576.309
Commission furnishing services, facilities and materials to other state agencies
576.311
Commission exempt from certain financial administration laws
576.315
Grants, donations and gifts
576.317
Intellectual property
576.320
Commission employees not subject to state personnel compensation plans
576.322
Legislative ratification of prior actions, rules and appointments
576.325
Levy and collection of assessments
576.327
Exemptions from assessment
576.335
Report by person responsible for collecting assessment
576.345
Producer to make reports of and pay assessment moneys on certain sales
576.351
Records of person required to pay or collect assessment
576.355
Penalty for delaying transmittal of funds
576.365
Penalty for failure to relinquish assessment moneys to commission
576.370
Disputes over assessment amounts
576.372
Authority of Oregon Alfalfa Seed Commission to adopt rules authorizing refunds
576.375
Payment of commission moneys to authorized agent
576.385
Bond or letter of credit required of person authorized to receive or disburse commission moneys
576.392
Cancellation of uncollectible assessment
576.395
Books, records and accounts of commission
576.410
“Fiscal year” defined
576.413
Adoption of calendar year as fiscal year
576.416
Preparation of commission budget
576.420
Expenditures prohibited unless budget procedure complied with
576.440
Limitation on expenditures
576.445
Unforeseen expenditures
576.455
Moneys of abolished commission
576.595
Sales are in commercial channels
576.610
Definitions for ORS 576.610 to 576.650
576.620
Department to perform mediation services
576.630
Request for mediation
576.640
Rules
576.650
Cooperation by state agencies
576.700
Definitions for ORS 576.700 to 576.710
576.705
Processors required to pay for commodities within 30 days after delivery
576.710
Applicability of ORS 576.705
576.715
Definitions for ORS 576.715 to 576.744
576.718
Seed production contract terms
576.721
Payment due date provisions in contracts authenticated prior to planting
576.726
Title
576.729
Seed purchase contract terms
576.732
Contract modification
576.735
Seed not meeting quality standards
576.738
Seed dealer failure to timely make payment
576.741
Seed dealer financial assurance
576.744
Rules
576.747
Reporting adoption of rules regarding dealer financial assurance
576.780
Definitions for ORS 576.780 to 576.809
576.783
Terms of seed production contract
576.786
Payment due date terms in contracts authenticated prior to planting
576.789
Seed bailment contracts and seed purchase contracts
576.792
Terms of seed purchase contract
576.795
Modification of contract
576.798
Seed not meeting contract quality standards
576.802
Failure of seed dealer to make timely payment
576.806
Financial assurance by seed dealer
576.809
Rules
576.814
Reporting adoption of rules regarding financial assurance by seed dealer
576.850
Definitions for ORS 576.850 to 576.877
576.853
Legislative findings
576.856
Oregon Wine Board
576.859
Board purpose and duties
576.862
Board powers
576.865
State wine cellar
576.868
Rules
576.871
Strategic plan
576.874
Payment of tax
576.877
Disposition of moneys
576.991
Penalties
Green check means up to date. Up to date