ORS Chapter 577
Chapter 577 — OregonBeef Council
2009 EDITION
BEEFCOUNCIL
AGRICULTURALMARKETING AND WAREHOUSING
577.110 Definitions
577.120 Legislativefindings and declaration of policy
577.125 Departmentoversight of council; rules
577.210 OregonBeef Council; members; appointment
577.220 Qualificationsof members
577.230 Termsof members
577.240 Declaringoffice of member vacant
577.250 Removalof member
577.260 Expensesof members
577.270 Meetingplace
577.280 Meetings
577.290 Dutiesand powers of council
577.295 Budgetprocess; annual financial statements; deposits, withdrawals and investment ofmoneys
577.300 Acceptanceof grants and gifts
577.310 Paymentsto national organizations
577.320 Receiptof services
577.330 Councilfurnishing services, facilities and materials to other state agencies
577.340 Councilexempt from certain financial administration laws
577.345 Councilemployees not subject to state personnel compensation plans; council notsubject to office space regulation; fees for administrative services; rules
577.355 Intellectualproperty; rules
577.512 Collectionof federal assessment; council assessment; rules; collection; exemptions
577.520 Assessmentcollection procedure
577.525 Cancellationof uncollectible assessment; subsequent collection
577.532 Mandatoryexpenditures from assessment moneys
577.550 Bondrequired of person authorized to receive or disburse council moneys
577.990 Criminalpenalties
577.010 [Repealed by1959 c.12 §1]
577.020 [Repealed by1959 c.12 §1]
577.030 [Repealed by1959 c.12 §1]
577.110Definitions.As used in this chapter, unless the context requires otherwise:
(1)“Beef” includes veal.
(2)“Council” means the Oregon Beef Council.
(3)“Department” means the State Department of Agriculture.
(4)“Director” means the Director of Agriculture.
(5)“Fiscal year” means the fiscal year commencing on July 1 and ending on June 30.
(6)“Producer” means any person who raises, breeds or grows cattle or calves forbeef or dairy production. [1959 c.685 §2; 1977 c.198 §17]
577.120Legislative findings and declaration of policy. (1) It ishereby declared, as a matter of legislative determination, that this chapter isenacted in the exercise of the power of this state for the purposes ofprotecting and furthering the public health and welfare. It is further declaredthat the cattle industry of this state is affected with a public interest inthat, among other things:
(a)The production, processing, manufacture and distribution of beef and beefproducts constitute a paramount industry of this state which not only providessubstantial and required revenues for the state and its political subdivisions,and employment and a means of livelihood for many thousands of its population,but also furnishes essential foods that are vital to the public health andwelfare.
(b)The stabilization, maintenance and expansion of the cattle industry of Oregon,and of the state, nationwide and foreign markets for its products, arenecessary to assure the consuming public an adequate supply of foods which areindispensable in a proper human diet, to protect, for the state and itspolitical subdivisions, a necessary source of tax revenue, to provide andmaintain an adequate standard of living for a great segment of the populationof this state, to maintain proper wage scales for those engaged in the cattleindustry and to maintain existing employment.
(c)The essentiality of beef and beef products in a proper human nutrition and tothe maintenance of a high level of public health is such as to require that thepublic be made thoroughly aware thereof, and be protected againstmisrepresentation and deception, by the dissemination of accurate andscientific information relative to the healthful qualities of beef and beefproducts, their various classifications and the food values and industrial andmedicinal uses thereof, the methods, care and precautions necessary to theirproper production, processing, manufacture and distribution, and the necessarycosts and expenses thereof, and the necessity and desirability on the part ofthe public of using and consuming beef and beef products of the higheststandards of quality.
(2)The purposes of this chapter are:
(a)To enable the cattle industry, with the aid of the state, to develop, maintainand expand the state, nationwide and foreign markets for beef and beef productsproduced, processed or manufactured in this state, and the use and consumptionof such beef and beef products therein.
(b)In aid, but not in limitation, of the purpose in paragraph (a) of thissubsection, to authorize and enable the Oregon Beef Council to formulate andeffectuate, directly or in cooperation with other agencies andinstrumentalities specified in this chapter, sales stimulation and consumer orother educational programs designed to increase the use and consumption of beefand beef products and to conduct research, education and information programsrelated to the cattle industry.
(c)To provide funds for the administration and enforcement of this chapter byvoluntary contributions to be collected in the manner prescribed in thischapter. [1959 c.685 §1; 1997 c.156 §2]
577.125Department oversight of council; rules. (1) The State Department of Agricultureshall:
(a)Monitor the practices or methods used or proposed for use by the Oregon BeefCouncil in carrying out the goals and needs disclosed by the budget of thecouncil;
(b)Promote cooperation among the council, commodity commissions and the OregonWheat Commission and assist in the interchange of information and experienceamong those entities;
(c)Carry out the assigned organizational procedures under this chapter, includingthe appointment and removal of members of the council;
(d)Review budgets submitted to the Director of Agriculture by the council; and
(e)Adopt rules to carry out the provisions of this chapter.
(2)The department shall review, and may approve or disapprove, plans and projectsrecommended by the council for beef promotion, advertising and research and forthe dissemination of consumer and beef industry information. In reviewing plansand projects recommended by the council, the department shall consider whetherthe plan or project information is:
(a)Factual;
(b)Not disparaging to agricultural commodities; and
(c)Consistent with the purposes of this chapter. [2003 c.604 §55]
577.210Oregon Beef Council; members; appointment. (1) As used in this section:
(a)“Beef producers” means persons who raise, breed or grow cattle or calves forbeef production.
(b)“Dairy producers” means persons engaged in the production on a dairy farm offluid milk.
(c)“Handler” means a person actively engaged in the processing, slaughtering,handling or marketing of cattle.
(2)There hereby is created the Oregon Beef Council composed of:
(a)Two dairy producers.
(b)Three beef producers.
(c)One person actively engaged in the business of feeding cattle and usuallyoperating a feedlot.
(d)One handler.
(e)One public member not associated with the producing, feeding or handling ofcattle and having an active interest in the positive economic development ofthe beef industry.
(3)The Director of Agriculture shall appoint the voting members of the council. Inmaking such appointments, the director shall take into considerationnominations and recommendations made to the director by organizations whorepresent or who are engaged in the same type of production or business as theperson so nominated or recommended for appointment as a member of the council.Each member shall continue in office until a successor is appointed andqualified.
(4)The director, or a duly authorized representative of the director, and the Deanof the College of Agricultural Sciences of Oregon State University, or a dulyauthorized representative of the dean, shall be ex officio members of thecouncil, without the right to vote.
(5)The public member of the council, the director and the dean, or the authorizedrepresentative of the director or the dean, are not subject to the requirementsof ORS 577.220 (3) and (4) and 577.240 (1). [1959 c.685 §3; 1977 c.198 §18;1995 c.79 §312; 2003 c.604 §§60,61; 2007 c.55 §4]
577.220Qualifications of members. Each member of the Oregon Beef Council shall havethe following qualifications which shall continue during a term of office:
(1)Each shall be a citizen of the United States.
(2)Each shall be a bona fide resident of the state.
(3)Each shall have demonstrated through membership in a producer’s organization oran organization representing this type of production or business, or publicservice or otherwise, an active interest in the development of the beefindustry in Oregon.
(4)Each shall have been actively engaged in the type of production or businesswhich the member will represent on the council, for a period of at least fiveyears, and shall derive a substantial proportion of income from that type ofproduction or business. [1959 c.685 §4]
577.230Terms of members.(1) The Director of Agriculture shall appoint members on the Oregon BeefCouncil, as far as practicable and possible, from the various geographicalareas of the state.
(2)Upon the expiration of the term of a member of the council, a successor shallbe appointed for a term of three years, except in case of a vacancy, when theappointee shall serve the unexpired part of the term of the member, theappointee replaced. [1959 c.685 §5; 1977 c.198 §19]
577.240Declaring office of member vacant. The Director of Agriculture shallimmediately declare the office of any member of the Oregon Beef Council vacantwhenever the director finds that:
(1)The member no longer is actively engaged in the type of beef or dairyproduction or business the member was engaged in at the time of appointment;
(2)The member has become a resident of another state; or
(3)The member is unable to perform the duties of the office. [1959 c.685 §6; 1977c.198 §20]
577.250Removal of member.(1) The Director of Agriculture may remove any member of the Oregon BeefCouncil for inefficiency, neglect of duty or misconduct in office, after apublic hearing thereon and after serving upon the member a copy of the chargesagainst the member, together with a notice of the time and place of thehearing, at least 10 days prior to such hearing. At the hearing, the membershall be given an opportunity to be heard in person or by counsel and shall bepermitted to present evidence to answer the charges and explain the factsalleged against the member.
(2)In every case of removal, the director shall file in the office of theSecretary of State a complete statement of all charges against the member, andfindings thereon, together with a record of the entire proceedings had inconnection therewith. [1959 c.685 §7; 1977 c.198 §21]
577.260Expenses of members.Members, officers and employees of the Oregon Beef Council may receive theiractual and necessary travel and other expenses incurred in the performance oftheir official duties. The council shall adopt uniform and reasonableregulations governing the incurring and paying of such expenses. [1959 c.685 §8]
577.270Meeting place.(1) The Oregon Beef Council shall establish a meeting place anywhere withinthis state, but the selection of the location shall be guided by considerationfor the convenience of the majority of those most likely to have business withthe council or be affected by the acts of the council.
(2)Notwithstanding subsection (1) of this section, the council may participate inmeetings outside the state for the purpose of advancing the work of thecouncil. [1959 c.685 §9; 2003 c.604 §63]
577.280Meetings.The Oregon Beef Council shall meet as soon as practicable for the purpose oforganizing. It shall elect a chairperson and a secretary-treasurer from amongits members. It shall adopt a general statement of policy for guidance, andshall transact such other business as is necessary to start the work of thecouncil. Thereafter, the council shall meet regularly once each six months, andat such other times as called by the chairperson. The chairperson may callspecial meetings at any time, and shall call a special meeting when requestedby two or more members of the council. [1959 c.685 §10]
577.290Duties and powers of council. (1) The Oregon Beef Council may:
(a)Conduct scientific research to discover and develop the commercial value ofbeef and products thereof.
(b)Disseminate reliable information founded upon the research undertaken underthis chapter, showing the value of beef and its products for any purpose forwhich they may be found useful and profitable.
(c)Study legislation, state and federal, with respect to tariffs, duties,reciprocal trade agreements, import quotas and other matters concerning theeffect on the beef industry, and represent and protect the interests of thebeef industry with respect to any legislation or proposed legislation orexecutive action which may affect that industry.
(d)Act jointly and in cooperation with the federal government or any agencythereof in the administration of any program of the government or agovernmental agency deemed by the council to be beneficial to the beef industryof this state, and expend funds in connection therewith, provided that suchprogram is compatible with the powers conferred by this chapter.
(e)Enter into contracts for advertising beef and to develop new markets throughsuch advertising.
(f)Develop plans or projects of promotion and advertising, research, consumerinformation and industry information, and develop programs that will lead tothe development of new markets, marketing strategies, increased efficiency andactivities to enhance the image of the cattle industry.
(2)In addition to exercising the powers listed in subsection (1) of this section,the council may exercise the same powers that a commodity commission mayexercise under ORS 576.304. [1959 c.685 §11; 1997 c.156 §1; 2003 c.604 §64]
577.295Budget process; annual financial statements; deposits, withdrawals andinvestment of moneys.The Oregon Beef Council shall:
(1)Adopt a budget, obtain budget approval and submit financial statements in thesame manner as a commodity commission acting under ORS 576.416.
(2)Receive, deposit, invest, expend and budget moneys in the same manner as acommodity commission acting under ORS 576.375, 576.420, 576.440 and 576.445. [2003c.604 §54]
577.300Acceptance of grants and gifts. The Oregon Beef Council may acceptgrants, donations, contributions or gifts, from any source, for expendituresfor any purpose consistent with the powers conferred on the council. [1959c.685 §12]
577.310Payments to national organizations. From the contributions it receives, theOregon Beef Council may pay 20 percent of such moneys to the National Livestockand Meat Board and 20 percent of such moneys to the National Beef Council tocarry out certain work and programs for and as approved by the council on anational basis. [1959 c.685 §14; 2003 c.604 §65]
577.320Receipt of services.(1) Upon request by the Oregon Beef Council, the Oregon Department ofAdministrative Services may provide the same services that the department mayprovide to a commodity commission under ORS 576.307.
(2)The council shall pay to the Oregon Department of Administrative Services suchamount for services performed by the department under subsection (1) of thissection as the department determines is adequate to reimburse the departmentfor the costs necessary to perform such services.
(3)Upon request by the council, the Oregon Department of Administrative Servicesmay design and supervise the installation of an accounting system for thecouncil. The council shall pay to the Oregon Department of AdministrativeServices such amount for services performed by that department under thissubsection as such department determines is adequate to reimburse it for thecosts necessary to perform such services. [1959 c.685 §25; 1967 c.419 §36; 1993c.500 §49; 1995 c.79 §313; 2003 c.604 §66]
577.330Council furnishing services, facilities and materials to other state agencies. The Oregon BeefCouncil may elect to furnish services, facilities and materials to commoditycommissions created under ORS 576.051 to 576.455, the Oregon Wheat Commissionor other state agencies and officers under ORS 283.110. [1959 c.685 §26; 2003c.604 §67]
577.340Council exempt from certain financial administration laws. ORS 291.026,291.201 to 291.222, 291.232 to 291.260, 291.322 to 291.336, 292.210 to 292.250,293.260 to 293.280, 293.295 to 293.346 and 293.590 to 293.640 do not apply tothe Oregon Beef Council or to the administration and enforcement of thischapter. [1959 c.685 §29]
577.345Council employees not subject to state personnel compensation plans; councilnot subject to office space regulation; fees for administrative services;rules.(1) Wages or salaries of employees of the Oregon Beef Council are not subjectto personnel compensation plans for state employees established by the OregonDepartment of Administrative Services under ORS 240.235 to 240.250.
(2)The council is not required to utilize office space furnished or obtained bythe Oregon Department of Administrative Services as provided in ORS chapter276.
(3)The State Department of Agriculture may charge and collect from the council anassessment or fee to reimburse the department for supervisory or administrativefunctions the department is required by law to perform with regard to thecouncil. The State Department of Agriculture shall establish the amount of theassessment or fee by rule. [2003 c.604 §57]
577.350 [1959 c.685 §28;repealed by 2003 c.604 §109]
577.355Intellectual property; rules. (1) As used in this section, “intellectualproperty” means patents, copyrights, trademarks, inventions, discoveries,processes, ideas and other similar property, whether or not they are patentableor copyrightable.
(2)The Oregon Beef Council may, consistent with the purposes of the council,develop intellectual property that relates to beef or assists in theimplementation, maintenance or development of council programs. The council maytake all necessary and proper actions relating to the development of an intellectualproperty, including but not limited to entering into contracts and otheragreements and owning, managing, disposing of or using the intellectualproperty. The council may adopt rules to govern the ownership, management,disposal and use of intellectual property and other activities of the councilrelating to intellectual property.
(3)Moneys received by the council as a result of the ownership, management,disposal or use of intellectual property, or other activities of the councilrelating to intellectual property, must be deposited to an account establishedand maintained by the council. [2003 c.604 §56]
577.410 [1959 c.685 §19;repealed by 2003 c.604 §109]
577.420 [1959 c.685 §20;repealed by 2003 c.604 §109]
577.430 [1959 c.685 §21;1977 c.198 §22; 1993 c.98 §21; repealed by 2003 c.604 §109]
577.440 [1959 c.685 §22;2003 c.734 §18; repealed by 2003 c.604 §109]