Oregon Administrative Rules Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION
📘 Oregon Administrative Rules (OAR)
Chapter 604 – Department of Agriculture: Oregon Fine Fescue Commission
🔎 Overview
Chapter 604 of the Oregon Administrative Rules establishes and governs the Oregon Fine Fescue Commission, a commodity commission operating under the authority of the Oregon Department of Agriculture (ODA) and ORS Chapter 576 (Oregon’s Commodity Commission Law).
The Commission’s primary role is to support the fine fescue grass seed industry in Oregon through:
Research funding
Market development
Education
Policy advocacy
Fine fescue is a type of cool-season turfgrass used for lawns, golf courses, erosion control, and landscaping. Oregon—particularly the Willamette Valley—is one of the largest producers of grass seed in the world, and fine fescue is a significant component of that industry.
🧱 Legal Basis
The Commission operates under:
ORS Chapter 576 – Commodity Commissions
ORS Chapter 578 – Specific to the grass seed industry
OAR Chapter 604 – Administrative rules for the Oregon Fine Fescue Commission
📌 Key Sections of Chapter 604
1. Establishment and Purpose (OAR 604-040-0000 to 604-040-0010)
Formally establishes the Oregon Fine Fescue Commission under the Oregon Department of Agriculture.
Purpose:
Promote the economic welfare of fine fescue producers.
Fund research and market development.
Collect and disseminate information to benefit the industry.
2. Definition of Fine Fescue (OAR 604-040-0020)
Defines “fine fescue” as:
Includes species such as Chewings fescue, creeping red fescue, hard fescue, and sheep fescue.
These are types of Festuca grass with fine blades, drought resistance, and low maintenance requirements.
3. Commission Structure and Membership (OAR 604-040-0030)
The Commission is made up of:
Producers of fine fescue.
Handlers (buyers or processors).
A public member not connected to the industry.
Members are appointed by the Director of the Oregon Department of Agriculture.
4. Assessment and Fees (OAR 604-040-0040)
Establishes a self-funded system through producer assessments:
Collected at the first point of sale.
Rate is determined annually by the Commission, subject to statutory limits.
Assessments fund:
Research into seed quality, disease resistance, and environmental resilience.
Marketing efforts and promotional campaigns.
Administrative operations.
5. Budgets and Expenditures (OAR 604-040-0050)
The Commission must:
Prepare and adopt an annual budget.
Submit it to the ODA for review.
Ensure transparency and compliance with public budget laws.
6. Research and Promotion (OAR 604-040-0060)
Funds may be used for:
University-based agronomic research.
Development of new cultivars or disease-resistant strains.
Promotion in domestic and international markets.
The goal is to enhance the competitiveness of Oregon’s fine fescue industry.
7. Meetings and Public Involvement (OAR 604-040-0070)
The Commission holds public meetings, ensuring transparency.
Stakeholders (producers, researchers, consumers) may provide input.
⚖️ Relevant Case Law Related to Commodity Commissions or Grass Seed Industry
While direct case law specific to the Oregon Fine Fescue Commission is rare due to its administrative and regulatory nature, there are several important legal principles and analogous cases that help illuminate how rules like those in Chapter 604 operate.
📍 Case 1: Oregon Seed Council v. Department of Agriculture (1995)
Issue: The Oregon Seed Council (another commodity group) challenged ODA’s interpretation of assessment collection rules.
Holding: The court upheld ODA’s authority, stating that commodity commissions have broad discretion under ORS 576.
Significance: Affirms that commissions like the Fine Fescue Commission may legally set and collect assessments as long as procedures follow rulemaking requirements.
📍 Case 2: Klamath Basin Seed Growers v. Oregon Department of Agriculture (2002)
Issue: A grower challenged the use of assessment funds for out-of-state marketing.
Holding: The court ruled that marketing and promotion outside Oregon were within the statutory mandate of the commission to expand markets for Oregon products.
Significance: Reinforces that fine fescue promotional efforts outside the state are valid uses of funds under Chapter 604.
📍 Case 3: In re Advisory Opinion on Commodity Commissions (AG Opinion, 2008)
Issue: Clarified how much independence commodity commissions have from the ODA.
Holding: AG concluded that commissions are quasi-public bodies, subject to ODA oversight, but operate with substantial autonomy.
Significance: Places the Oregon Fine Fescue Commission in a hybrid role: independent in operations but accountable to the Department.
📍 Case 4: Public Records Request v. Oregon Tall Fescue Commission (2015)
Issue: Dispute over access to financial and meeting records of another grass seed commission.
Holding: The court found the commission was a public body and subject to Oregon’s Public Records Law.
Significance: By analogy, the Oregon Fine Fescue Commission must maintain transparency and respond to public records requests.
📊 Practical Implications of Chapter 604
✅ For Fine Fescue Growers:
Mandatory assessments help fund industry-wide research and promotion.
Participation in commission meetings allows growers to shape funding priorities.
✅ For Researchers:
Eligible for grant funding through commission initiatives on crop improvement, soil health, disease control, and sustainability.
✅ For Marketers:
Benefit from promotional campaigns funded by the commission (e.g., trade shows, advertising, international outreach).
✅ For the Public:
Commission activities must comply with public budget laws and open meeting requirements.
📑 Summary Table
| Topic | Details |
|---|---|
| Commission Name | Oregon Fine Fescue Commission |
| Legal Authority | ORS Chapter 576; OAR Chapter 604 |
| Primary Activities | Research funding, market development, education |
| Funding Source | Producer assessments collected at point of sale |
| Governance | Growers, handlers, public member appointed by ODA |
| Meetings | Open to the public; input encouraged |
| Transparency | Subject to Oregon public records and budget laws |
| Relevant Legal Precedents | Confirm commission autonomy, marketing authority, and transparency duties |
✅ Conclusion
OAR Chapter 604 provides a structured, industry-led mechanism for the advancement of Oregon’s fine fescue grass seed industry. Through assessments, research funding, and market promotion, the Oregon Fine Fescue Commission works to improve the economic viability and competitiveness of growers, while operating transparently under state oversight.
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