1. (1) A commodity commission may, by rule, establish exemptions from assessment based on:

   1. (a) Commodity quantities;
   2. (b) Types of commodity sale; and
   3. (c) Types of commodity producer.

2. (2) When adopting a rule for exemptions under subsection (1) of this section, a commission must consider:

   1. (a) Laws and rules of the United States and other states relating to commodity commissions, boards and marketing orders;
   2. (b) The practices, procedures and customs unique to the production, handling, processing and trading of a particular commodity and to the producers and growers of that commodity; and
   3. (c) The cost of collecting the particular assessment and practical problems relating to collection.
3. (3) A producer or handler that is exempted from assessment, but required to submit reports to a commission, is subject to ORS 576.351.

[2003 c.604 §9]