Oregon Agricultural Marketing & Warehousing Law
Fruits and vegetables, but it does not include fruits and vegetables purchased for the purpose of reselling them canned, dried, frozen or in other preserved or concentrated form or for manufacturing into a product or by-product in which the individuality of the individual specimens of such fruit and vegetables is lost, if such fruits and vegetables are actually so used. Seed potatoes are excluded.
Who is Protected?
Oregon growers and producers.
Who is Subject to the Law?
Any Oregon produce dealer, peddler or cash buyer of produce. “Peddlers” are any person who sells produce which the person has not grown or produced, from any vehicle at any dwelling house, restaurant, eating house, hotel or any other public or private place where food is prepared for consumption and not resold in its original form and condition, and any person who sells to or offers for sale to the general public any produce, which the person has not grown or produced, from a vehicle in any place within this state.
Claims must be filed within 90 days of the date payment was due.
Where are Claims Filed?
Bond claims are enforced by the Oregon State Department of Agriculture, however growers have a private right of action for payment, including interest an attorney’s fees to be filed in the justice or circuit courts of Oregon.
Is there a Bond Requirement?
Yes, licensees must be bonded. The amount of the bond is $15,000.
Oregon law allows producers to collect reasonable attorney’s fees from Oregon buyers as part of actions to collect for unpaid produce. Wholesale produce dealers are liable for interest on unpaid accounts in the amount of 1½% per month. These claims may be filed in justice courts as well as circuit courts in Oregon.