Oregon law requires seed dealers to pay certain overdue contract bills with interest, prove payment to the state, and meet a 30-day deadline after notice.
When the department finds a dealer missed a contract payment, it must notify the dealer to pay the overdue amount plus interest. The dealer must pay and send proof within 30 days of the written notice.
A dealer that misses the 30-day payment deadline must have its license suspended until the department is satisfied that all payments owed to producers and seed growers are current.
If a dealer fails to make the payment required by the department's notice, the producer or grower may sell contract seed still in their possession in a commercially reasonable way.
The department may charge producers and growers up to $100 to check whether a payment followed the contract and up to $400 to notify the dealer in writing about overdue amounts and interest.
After finding a missed contract payment, the department must notify the dealer to pay the overdue amount with interest and provide proof of payment. This covers payments to producers for agricultural or other seed, and to seed growers for grass or other seed, under seed production or purchase contracts. The department must first check whether the payment was made when due. Interest is calculated each month at a rate one percentage point above the bank prime loan rate in the latest Federal Reserve H.15 release. The dealer must pay and give the department written proof within 30 days after the department issues its notice.
The department must suspend a dealer's seed dealer license if the dealer does not pay within the 30-day deadline. This applies when a dealer fails to make the payment required by the department's notice. The license stays suspended until the department is satisfied that the dealer is current on all payments owed to producers and seed growers. The suspension order is subject to review under Oregon administrative law. The department may not use the procedure described in ORS 183.430 (2). The suspension lasts until the department is satisfied that the dealer is current on all payments owed to producers and seed growers.
A producer or grower may sell contract seed still in their possession in a commercially reasonable way. This covers seed from the contract that remains in the producer's or grower's possession. This applies when a dealer fails to make the payment required by the department's notice. A dealer may give consent by other means, and the provision does not override the terms of that consent. This applies after the dealer fails to make the payment required by the department's notice.
The department may charge producers and growers fees of up to $100 to check a payment and up to $400 to send a written notice to a dealer. The fees may be charged to producers and seed growers. The first fee is for checking whether payment followed the contract terms. The second fee is for notifying the dealer in writing about the deadline to pay overdue amounts and interest.
No hearings or votes scheduled.