| Slow pay / no pay |
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| Why was the law enacted? |
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To assist grass and clover seed producers in receiving slow payment or nonpayment for seed produced or sold under contract.
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| When was the law enacted? |
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The law was enacted May 30, 2001.
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| What is a valid contract? |
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Under Chapter 576.700, a valid contract is a purchase or production contract signed by the wholesale seed dealer and grower on or after May 30, 2001.
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| What should contracts include? |
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For production and purchase contracts the following should be included:- The estimated date for seed delivery.
- The terms and estimated dates for the wholesale seed dealer to pay the seed grower.
- The number of acres of grass or clover seed to be grown.
- The species, cultivars and quality standards of the grass or clover seed to be produced or purchased.
- Upon written mutual agreement of the seed grower and the wholesale seed dealer, the grower may extend the period available for the wholesale seed dealer to make payment.
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| Payment date |
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What if no payment date is specified?
If a date is not specified in the contract, May 1 of the year following production and harvesting of the grass or clover seed is the payment date.
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| Required documents |
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If I decide to file a claim, what documents should I have ready for the ODA?
Contracts, delivery records, test reports planting and harvesting records and other pertinent records. After examining all records the ODA would make a decision based on the facts and notify each party of the outcome of the records examined.
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| Payment default |
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What happens if, payment is owed and the wholesale seed dealers will not voluntarily pay?
The ODA will notify the wholesale seed dealer in writing that they have 30 days to pay the grower all delinquent amounts plus one percent simple interest from the final payment date per month for each delinquent contract.
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| Can growers file a lien? |
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Yes, the law does not prevent you from filing a notice of lien against the wholesale seed dealer as provided in the Agriculture Producers Lien ORS 87.750 to 87.777. Contact the Secretary of State for more information on filing liens.
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| Seed dealers rights |
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What rights do wholesale seed dealers have?
A wholesale seed dealer may appeal the notice given by the ODA as provided in ORS 183.310 to 183.550.
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