ORS 576.718
Seed production contract terms


(1)

The following terms apply to seed production contracts:

(a)

If the contract does not settle the price of the agricultural 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 576.721 (Payment due date provisions 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 delivery of the seed.

(C)

May 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 agricultural 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.

(d)

Unless expressly provided otherwise in a seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the agricultural seed, the minimum period for an initial contract is two years. This paragraph does not establish a minimum period for an extension or renewal that follows an initial contract period.

(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 576.721 (Payment due date provisions 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 576.715 (Definitions for ORS 576.715 to 576.744) to 576.744 (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 agricultural 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. [2011 c.356 §2]
Note: See note under 576.715 (Definitions for ORS 576.715 to 576.744).

Source: Section 576.718 — Seed production contract terms, 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