ORS 646.738
Exemption for negotiations governing price for sale of grass seed

  • supervision by Director of Agriculture
  • rules
  • fees

(1)

As used in this section:

(a)

“Parties” or “party” means seed producers, seed associations, seed cooperatives or seed dealers that participate in a state regulatory program described in subsection (2) of this section.

(b)

“Regulatory program” means a state regulatory program described in subsection (2) of this section that is actively supervised by the Director of Agriculture and that authorizes parties to engage in certain collective bargaining and negotiations to establish the price of perennial ryegrass seed to be produced and sold to perennial ryegrass seed dealers in the future, annual ryegrass seed to be produced and sold to annual ryegrass seed dealers in the future or tall fescue seed to be produced and sold to tall fescue seed dealers in the future.

(2)

Intentionally left blank —Ed.

(a)

It is the intent of this section and ORS 646.535 (Unfair trade practices prohibited) (2) and 646.740 (Permitted activities) (10) to displace competition with regulatory programs in the perennial ryegrass seed, annual ryegrass seed and tall fescue seed industries to a limited degree. The regulatory programs are intended to grant immunity from federal and state antitrust laws to perennial ryegrass seed, annual ryegrass seed and tall fescue seed producers and perennial ryegrass seed, annual ryegrass seed and tall fescue seed dealers for the limited purpose of allowing the producers and the dealers to bargain collectively and to arrive at a negotiated price for the sale of seed by the producers to the dealers. The activities of any party that comply with the provisions of this section may not be considered to be in restraint of trade, a conspiracy or combination or any other unlawful activity in violation of any provision of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.826 (Counsel for persons testifying) or federal antitrust laws.

(b)

A seed cooperative or seed association for perennial ryegrass seed, annual ryegrass seed or tall fescue seed may negotiate with one or more dealers, as defined in ORS 646.515 (Definitions for ORS 646.515 to 646.545), of perennial ryegrass seed, annual ryegrass seed or tall fescue seed to establish the price at which members of the cooperative or association will sell perennial ryegrass seed, annual ryegrass seed or tall fescue seed to be produced by its members or under the control of its members. The seed dealers may negotiate the price of the seed through a committee that sets forth the views of the dealers and votes on any issues being negotiated as authorized by this section, including the price of the seed.

(c)

The Director of Agriculture is authorized to actively supervise the conduct of perennial ryegrass seed, annual ryegrass seed and tall fescue seed agricultural cooperatives organized under ORS chapter 62, representative committees of perennial ryegrass seed, annual ryegrass seed or tall fescue seed dealers and any perennial ryegrass seed, annual ryegrass seed or tall fescue seed associations in establishing the price of perennial ryegrass seed, annual ryegrass seed or tall fescue seed to be produced and sold to seed dealers at a future date. The director is authorized to supervise the negotiations between the parties, review the prices established by the negotiations and approve the prices proposed by the parties before the prices take effect. The director must approve the proposed prices and any adjustments to previously approved prices before the prices may be implemented.

(d)

The director may compel the parties to take whatever action the director considers necessary to:

(A)

Ensure that the parties are engaging in conduct that is authorized under this section;

(B)

Ensure that the policies of this state are being fulfilled under the regulatory programs; and

(C)

Enjoin conduct by any of the parties that is not authorized by the director or conduct that the director finds does not advance the interests of this state in carrying out the regulatory programs.

(e)

The Director of Agriculture may adopt rules to carry out the director’s authority under this section.

(f)

The director may designate persons as the director deems necessary to carry out the responsibility of actively supervising the conduct of the parties, including serving as intermediaries between prospective parties. Persons designated by the director must be employees of the State Department of Agriculture.

(g)

The director by rule shall set and collect fees from the parties who are participants in regulatory programs. The fees shall be deposited in the Department of Agriculture Account established under ORS 561.150 (Department of Agriculture Account).

(h)

The director shall supervise the labeling of perennial ryegrass seeds, annual ryegrass seeds and tall fescue seeds to ensure compliance with ORS 633.520 (Labeling agricultural seed or bulk flower seed), 633.531 (Labeling vegetable or flower seed weighing one pound or less) and 633.541 (Labeling vegetable seed weighing more than one pound). [Formerly 62.848]
Note: See note under 646.736 (Public policy).

Source: Section 646.738 — Exemption for negotiations governing price for sale of grass seed; supervision by Director of Agriculture; rules; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors646.­html.

646.010
Designation and scope of ORS 646.010 to 646.180
646.020
Definitions and explanations
646.030
Application to cooperative associations
646.040
Price discrimination prohibited
646.050
Establishing prima facie case of discrimination
646.060
Commissions and allowances
646.070
Special payments to customers
646.080
Special services to customers
646.090
Inducing or receiving price discrimination prohibited
646.130
Cost surveys as evidence
646.140
Enjoining violations
646.150
Action for damages
646.160
Presumption of damages
646.170
Requiring defendant to testify
646.180
Illegal contracts
646.461
Definitions for ORS 646.461 to 646.475
646.463
Enjoining misappropriation
646.465
Damages for misappropriation
646.467
Attorney fees
646.469
Preservation of trade secret by court
646.471
Limitation on commencement of action
646.473
Conflicting tort, restitution or other law providing civil remedies
646.475
Application and construction of ORS 646.461 to 646.475
646.515
Definitions for ORS 646.515 to 646.545
646.525
Cooperative bargaining associations authorized
646.535
Unfair trade practices prohibited
646.545
Remedy for unfair trade practices
646.551
Definitions for ORS 646.551 to 646.557
646.553
Registration of telephonic sellers
646.555
Burden of proof for person claiming exemption
646.557
Required disclosures by telephonic seller
646.559
Rules
646.561
Definitions for ORS 646.561 to 646.565
646.563
Telephone solicitation of party who states desire not to be called
646.565
Notice of provisions of ORS 646.561 and 646.563
646.567
Definitions for ORS 646.567 to 646.578
646.568
Findings and purpose
646.569
Prohibition on telephone solicitation of party whose name is included on list described in ORS 646.574 or on federal registry designated under ORS 646.572
646.572
Administration of telephone solicitation program through contract or by designation of federal registry
646.574
List of persons who do not wish to receive telephone solicitations
646.576
Rules
646.578
Notice of provisions of ORS 646.567 to 646.578
646.605
Definitions for ORS 336.184 and 646.605 to 646.652
646.607
Unlawful business, trade practices
646.608
Additional unlawful business, trade practices
646.609
“Pyramid club” and “investment” defined
646.611
Information required to be given by telephone or door to door seller to potential customer
646.612
Application of ORS 646.607 and 646.608
646.618
Investigative demand
646.622
Method of serving investigative demand
646.626
Effect of failure to obey investigative demand
646.632
Enjoining unlawful trade practices
646.633
Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services
646.636
Remedial power of court
646.638
Civil action by private party
646.639
Unlawful collection practices
646.641
Civil action for unlawful collection practice
646.642
Civil penalties
646.643
Applicability of ORS 646.639
646.644
Free offer
646.646
Loss of license or franchise by person violating injunction
646.647
Unlawful use of recording group name
646.648
Unlawful practice by manufactured dwelling dealer
646.652
District attorney’s reports to Attorney General
646.656
Remedies supplementary to existing statutory or common law remedies
646.705
Definitions for ORS 136.617 and 646.705 to 646.805
646.715
Declaration of purpose
646.725
Prohibited acts
646.730
Monopolies prohibited
646.735
Exemption for coordinated care organizations
646.736
Public policy
646.737
Exemption for negotiations governing sale price of Oregon blackberries
646.738
Exemption for negotiations governing price for sale of grass seed
646.739
Exemption for negotiations governing season starting price for sale of Oregon seafood
646.740
Permitted activities
646.745
Joint operation of Memorial Coliseum and Arena in Portland
646.750
Investigative demand by Attorney General
646.760
Civil penalties
646.770
Equitable remedies
646.775
Actions by Attorney General
646.780
Recovery of treble damages
646.790
Venue
646.800
Time of commencing action
646.805
Effect of prior final judgment or decree
646.815
Criminal prosecutions
646.821
Taking testimony for investigative demand
646.823
Attendance of Attorney General at grand jury proceedings
646.826
Counsel for persons testifying
646.831
Fees and mileage for persons testifying
646.836
Confidential status of investigative material
646.881
Definitions for ORS 646.881 to 646.885
646.883
Price comparison in advertisement prohibited
646.885
Use of terms in advertisement containing price comparison
646.905
Definitions for ORS 646.910 to 646.923
646.910
Sale of gasoline blended with alcohol prohibited unless mixture meets federal specifications or requirements
646.911
Sale of gasoline with oxygenate other than ethanol
646.913
Limitations on gasoline sales
646.915
Requirement to display on fuel dispensing devices names and concentrations of oxygenates in certain blended gasolines
646.920
Wholesale dealer
646.922
Limitations on sale of diesel fuel
646.923
Retention of certificate of analysis
646.925
Enforcement
646.930
Motor vehicle fuel prices
646.932
Requirement to post amount per gallon of gasoline that is federal, state and local tax
646.935
Diesel fuel sales
646.945
Definitions for ORS 646.947 to 646.963
646.947
Prohibited activities
646.949
Signs identifying octane rating
646.951
Testing of motor vehicle fuel
646.953
Orders of Director of Agriculture
646.955
Records required
646.957
Rules
646.959
Annual fee for metering instrument or device
646.961
Motor Vehicle Fuel Inspection Program Account
646.963
Civil penalties
646.990
Penalties
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