(1) A commodity commission may, by rule, establish exemptions from assessment based on:
(a) Commodity quantities;
(b) Types of commodity sale; and
(c) Types of commodity producer.
(2) When adopting a rule for exemptions under subsection (1) of this section, a commission must consider:
(a) Laws and rules of the United States and other states relating to commodity commissions, boards and marketing orders;
(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
(c) The cost of collecting the particular assessment and practical problems relating to collection.
(3) A producer or handler that is exempted from assessment, but required to submit reports to a commission, is subject to ORS 576.351.