Or. Rev. Stat. § 632.945

Procedure for department inspection and classification; collection of costs; fees

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632.945 Procedure for department inspection and classification; collection of costs; fees. (1) Under such conditions as the State Department of Agriculture may prescribe by rule, the department, through any competent employee or agent, shall inspect or classify produce in accordance with standards specified in the written agreement between the grower and the handler for sale of the produce. The methods and procedures for inspection or classification of produce shall be in accordance with such rules as the department may prescribe.

(2) The department shall ascertain and certify to the parties to the written agreement the grade, classification, quality, condition or amount of the produce and any other pertinent facts relating to such produce that a party to the written agreement may request.

(3) The department may fix, assess and collect or cause to be collected from the handler, fees for such services in the manner and to the extent provided by ORS 632.940. All such fees are continuously appropriated to the department for the enforcement of ORS 632.940 to 632.980.

(4) As used in this section:

(a) “Grower” means any person engaged in the business of growing or producing any produce in this state and includes any cooperative organization composed exclusively of growers and handling exclusively the produce of its own members and operating under and by virtue of the laws of this state or of any other state or of the United States.

(b) “Handler” means a person or the agent of the person who processes produce the person has purchased or otherwise acquired in this state from a grower.

(c) “Produce” means any fruit or vegetable grown or produced by a grower and of which total sales by growers to handlers for the previous growing season totaled more than $1 million. The department shall determine and verify the application of this defined term, and the total sales value herein specified, and for this purpose shall be authorized to inspect books and records and require reports. [1973 c.587 §3]

Notes of Decisions

Cited in 2 cases, 2004–2006 · leading case: J. R. Simplot Co. v. Department of Agriculture

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J. R. Simplot Co. v. Department of Agriculture (2006) or · cites it 4× “The department performs all inspections of agricultural products within Oregon unless the growers of those products vote to terminate the department’s role, ORS 632.945 to 632.950, in which case licensed private inspectors perform that task.”

J. R. Simplot Co. v. Department of Agriculture (2004) orctapp “940; ORS 632.945. For many years, the department has set the fees at an amount designed to create a reserve fund for contingencies.”

— Or. Rev. Stat. § 632.945(3) — 1 case

J. R. Simplot Co. v. Department of Agriculture (2006) or “The department performs all inspections of agricultural products within Oregon unless the growers of those products vote to terminate the department’s role, ORS 632.945 to 632.950, in which case licensed private inspectors perform that task.”

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