Legal Opinion

J. R. Simplot Co. v. Department of Agriculture

Court of Appeals of Oregon

Decided September 1, 2004No. 2000-1; A118024PublishedCited by 1 opinion

1Opinion of the CourtLinder, J.

Petitioner processes potatoes. Because the resulting product—french fries—is sold in interstate commerce, the potatoes are subject to federally required inspection after they are delivered for processing. Petitioner and the potato growers have the option of having the inspection performed by state inspectors working for the Oregon Department of Agriculture (department). If they so opt, they pay a fee for the inspection, which under state law must be set at an amount “reasonably necessary to cover the cost of the inspection and administration” of the department’s program. ORS 632.940(3). From…

2Cases cited4 opinions

  1. Brumnett v. Psychiatric Security Review BoardOregon Supreme Court · 1993
  2. State v. WebbOregon Supreme Court · 1996
  3. Shattuck v. KincaidOregon Supreme Court · 1897
  4. State Ex Rel. Kane v. GoldschmidtOregon Supreme Court · 1989

3Cited by1 opinion

  1. J. R. Simplot Co. v. Department of AgricultureOregon Supreme Court · 2006

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