(a) "Commodity" means hemp.
(b) "Industry average unit price" means the average unit price for the raw commodity within the industry and includes prices that are calculated using a one-year, two-year or three-year average and data from the most recent complete year or years preceding the year of determination.
(2)(a) The Oregon Hemp Commission may assess, levy and collect an assessment in an amount determined by rule, on all units of the commodity grown or produced in this state and sold or transferred in commercial channels. The commission may not apply an assessment to a transaction that occurred prior to the effective date of the rule in which the commission adopted the assessment.
(b) The commission may assess, levy and collect a differential assessment in an amount determined by the commission by rule, based on the intended use, type or variety and value of the commodity.
(c) Casual sales made by a producer directly to a consumer are exempt from the assessment described in this subsection.
(d) The commission may by rule define and regulate processing and casual sales of the commodity and the methods of assessment under this section.
(3) The amount of the assessment provided for in subsection (2) of this section is limited as follows:
(a) If the commission assesses on a unit basis, the maximum assessment may not exceed 1.5 percent of the industry average unit price. The commission may determine the industry average unit price by considering data and estimates of the United States Department of Agriculture, Oregon State University or other reliable sources.
(b) If the commission assesses on a percentage of the dollar value basis, the maximum assessment may not exceed 1.5 percent of the dollar value that a producer receives for the raw commodity. If the dollar value is not otherwise determinable, the commission may establish the dollar value based on the industry average unit price for that year for the raw commodity.
(4) The commission shall assess, levy and collect an assessment under subsection (2) of this section from the producer at the time and in the manner provided by the commission by rule. The commission is the owner of a collected assessment. A person who collects an assessment holds the assessment in trust for the benefit of the commission and the state, and shall remit the assessment as required by the commission under ORS 571.453.
(5) Notwithstanding subsection (4) of this section, the commission may assess, levy and collect an assessment from a producer as determined by the commission by rule. Except as provided in subsection (6) of this section, the assessment may not exceed the limits described in subsection (3) of this section.
(6) Notwithstanding subsection (5) of this section, the commission may assess, levy and collect an assessment in excess of the limits described in subsection (3) of this section pursuant to a federal marketing order or agreement.
(7) A person who believes that the amount of an assessment is incorrect may apply to the commission for a refund not later than 60 days after the date on which the person paid the assessment. [2021 c.216 §18]
Note: See note under 571.400.