Trade Practices and Antitrust Regulation

ORS 646.739
Exemption for negotiations governing season starting price for sale of Oregon seafood

  • supervision by Director of Agriculture
  • rules
  • fees


As used in this section:


“Dealer” has the meaning given that term in ORS 646.515 (Definitions for ORS 646.515 to 646.545).


“Parties” or “party” means Oregon seafood harvesters, Oregon seafood harvester associations, Oregon seafood harvester cooperatives or dealers that are participants in the state regulatory program described in subsection (2) of this section.


“Regulatory program” means the 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 Oregon seafood to be harvested and sold to dealers in the future.


“Season starting price” means the price at which the parties agree to sell Oregon seafood and at which the parties agree to pay for Oregon seafood at the onset of a seafood harvesting season and for as long a period as the parties to the negotiations determine.


(a) It is the intent of this section and ORS 646.535 (Unfair trade practices prohibited) (2) and 646.740 (Permitted activities) (11) to displace competition with a regulatory program in the Oregon seafood harvesting industry to a limited degree. The regulatory program is intended to grant immunity from federal and state antitrust laws to Oregon seafood harvesters and dealers for the limited purpose of allowing the harvesters and the dealers to bargain collectively and to arrive at a negotiated season starting price for the sale of Oregon seafood by the harvesters 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.


An Oregon seafood harvester cooperative or Oregon seafood harvester association may negotiate with one or more dealers to establish the season starting price at which members of the cooperative or association will sell Oregon seafood to be harvested by its members or under the control of its members. The dealers may negotiate the season starting price of Oregon seafood 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 season starting price of Oregon seafood. Participation by a dealer in season starting price negotiations is voluntary.


If the dealers negotiate the season starting price through a committee under paragraph (b) of this subsection, nonparticipating dealers are not bound by the acts of the committee.


Any agreements that arise from negotiations conducted under this section are binding only on the parties that participate in the negotiations and agree to be bound.


The Director of Agriculture is authorized to actively supervise the conduct of an Oregon seafood harvester cooperative organized under ORS chapter 62, a representative committee of dealers and any Oregon seafood harvester association in establishing the season starting price of Oregon seafood to be harvested and sold to dealers at a future date. The director is authorized to supervise the negotiations between the parties, review the season starting prices established by the negotiations and approve the season starting prices proposed by the parties before the season starting prices take effect. The director must approve the proposed season starting prices and any adjustments to previously approved season starting prices before the season starting prices may be implemented.


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


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


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


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 program.


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


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.


The director by rule shall set and collect fees from the parties who are participants in a regulatory program. The fees shall be deposited in the Department of Agriculture Account established under ORS 561.150 (Department of Agriculture Account). [Formerly 62.849]
Note: See note under 646.736 (Public policy).
§§ 646.705 to 646.815

Atty. Gen. Opinions

Meetings between members of associations having PUC authority to transport logs, poles and piling and mills and other shippers to jointly agree on rate for transportation, (1981) Vol 41, p 444

Law Review Citations

55 OLR 537-551 (1976); 56 OLR 331 (1977)

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


Last accessed
Jun. 26, 2021