(1) The following terms apply to seed production contracts:

(a) If the contract does not settle the price of the other seed, the contract is enforceable and the price shall be determined as described in ORS § 72.3050 (1) to (3).

(b) Except as provided in ORS § 576.786 (1) or (3), payment to the producer is due no later than the earliest of the following:

(A) The dates specified in the contract.

(B) Thirty days after seed delivery.

(C) July 1 of the calendar year following the harvesting of the seed.

(c) Unless expressly provided otherwise in a seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the other seed, the risk of loss and the responsibility for the payment of storage fees transfer from the producer to the seed dealer upon the earlier of:

(A) The delivery of the seed to the seed dealer pursuant to a notice from the seed dealer; or

(B) The delivery to the seed dealer of test results establishing that the seed meets quality standards set forth in the contract.

(2) It is an implied condition of any price or payment requirement described in subsection (1) of this section that the producer is performing, or has completed performance, in accordance with the seed production contract and has not otherwise breached the contract.

(3) Except as provided in subsection (5) of this section, a seed production contract described in this section may contain any additional terms agreed to by the parties.

(4) If a seed production contract is extended or renewed, for the extension or renewal period the parties may:

(a) Subject to paragraph (b) of this subsection, continue the terms of the original contract or agree to new or different contract terms; and

(b) Agree to payment due date terms as provided under this section or under ORS § 576.786 (3).

(5) A seed production contract may not:

(a) Provide for exclusive venue or jurisdiction in another state;

(b) Provide for the terms of the contract to be interpreted under the laws of another state;

(c) Waive the application of ORS § 576.780 to 576.809 to the contract; or

(d) Authorize a unilateral material modification of the contract.

(6) Subject to ORS § 72.2010, subsections (1) and (5) of this section also apply to a nonwritten agreement for the production of other seed.

(7) A term in a seed production contract that conflicts with subsection (1) or (5) of this section is void as a matter of public policy.

(8) ORS § 576.705 does not apply to a processor as defined in ORS § 576.700 that arranges for the production of other seed under a contract that is subject to this section or ORS § 576.786. [2018 c.26 § 2]

See note under 576.780.