Trade Practices and Antitrust Regulation

ORS 646.515
Definitions for ORS 646.515 to 646.545


As used in ORS 646.515 (Definitions for ORS 646.515 to 646.545) to 646.545 (Remedy for unfair trade practices), unless the context requires otherwise:

(1)

“Agricultural commodity” means any and all agricultural, horticultural, viticultural and vegetable products produced in this state, either in their natural state or as processed by a producer for the purpose of marketing such product, including bees and honey, but not including timber or timber products.

(2)

“Cooperative bargaining association” means:

(a)

An association of producers formed or operated pursuant to ORS chapter 62 with the purpose of group bargaining with respect to the sale of any agricultural commodity or Oregon seafood commodity.

(b)

A fishermen’s marketing association or fishermen’s trade association organized under ORS chapter 62 or 65.

(3)

(a) “Dealer” means, except as provided in paragraph (b) of this subsection, any person or agent of the person who purchases or contracts to purchase an agricultural commodity or Oregon seafood commodity from a producer or agent of the producer, for the purpose of packing, processing or marketing such commodity.

(b)

“Dealer” does not include any organization operating as an agricultural cooperative or Oregon seafood harvester cooperative.

(4)

“Oregon seafood commodity” means any food fish as defined in ORS 506.011 (Types of marine life defined) over which the State Fish and Wildlife Commission has jurisdiction.

(5)

“Producer” means a person engaged in the business of producing agricultural commodities or harvesting Oregon seafood commodities. [1963 c.514 §1; 1997 c.296 §1; 1997 c.393 §1; 2003 c.487 §4]
Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunction should issue when a court finds a violation of the Act is a matter of discretion. State ex rel Johnson v. International Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no affirmative duty to inform customers of rates in absence of request, but prohibits making information about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021