1. (1) Consigning agricultural producers are limited to sales of the products listed in OAR 603-025-0235(1)-(3).

   1. (a) Consignment is limited to farm direct marketers who are from the same county or from adjoining counties.
   2. (b) A farm direct marketer is prohibited from representing that products offered for sale on consignment are his/her own.

2. (2) An agricultural producer must provide a consigning agricultural producer with documentation to be clearly and conspicuously posted during the sale of the products on consignment. The documentation must include:

   1. (a) The name of the agricultural producer that produced the product;
   2. (b) The product consigned by the agricultural producer; and
   3. (c) The address of the agricultural producer that produced the product.

3. (3) A consigning agricultural producer must maintain separate sales logs for products sold on consignment.  Sales logs must include, but are not limited to, the following information:

   1. (a) The name of the agricultural producer that produced the product;
   2. (b) The contact information of the agricultural producer that produced the product, including the address and phone number;
   3. (c) Item(s) sold on consignment; and
   4. (d) Quantity of item(s) sold on consignment.

4. (4) Farm direct marketers and consigning agricultural producers may engage in Internet-based sales and consignment sales, but only if:

   1. (a) They sell directly to consumers within Oregon; or
   2. (b) They comply with any applicable federal requirements concerning interstate sales of agricultural products.
5. (5) Third party organizations may actively manage the aggregation, distribution, marketing, and facilitation of sales of products described in OAR 603-025-0235(1)-(3) but may not consign, store, warehouse, or purchase for sale said products.

Statutory/Other Authority

ORS 561.190 & 616.686

Statutes/Other Implemented

ORS 616.683

History

DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023
DOA 14-2012, f. & cert. ef. 6-1-12