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Oregon Bulletin

May 1, 2012

Department of Agriculture, Oregon Strawberry Commission, Chapter 668

Rule Caption: Amend 668-010-0015 to change the assessment reporting months for the current reporting deadline dates.

Adm. Order No.: SBY 1-2012

Filed with Sec. of State: 4-12-2012

Certified to be Effective: 4-12-12

Notice Publication Date: 3-1-2012

Rules Amended: 668-010-0015

Subject: Amend OAR 668-010-0015(a) “January, February, March, April reported by May 15th” to state “December, January, February, March reported by May 15th”.

 Amend OAR 668-010-0015(b) “May, June, July, August reported by September 15th” to state “April, May, June, July reported by September 15th”.

 Amend OAR 668-010-0015(c) “September, October, November, December reported by January 15th” to state “August, September, October, November reported by January 15th”

 This rule change will allow the commodity commission to collect complete and signed assessment reports on approved forms by first purchasers and handlers for the four months prior to the reporting deadline and give the first purchasers and handlers adequate time to submit their assessment reports for each deadline of the four month reporting periods.

Rules Coordinator: Rachel Denue—(541) 758-4043

668-010-0015

Reports and Payment of Assessment Moneys

(1) First purchasers and handlers must submit completed and signed assessment reports on commission approved forms. Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of strawberries during the four months immediately preceding each reporting date. Assessment reports must be postmarked by 15th of the reporting month specified below. Assessments shall be reported as follows:

(a) December, January, February, March reported by May 15th;

(b) April, May, June, July reported by September 15th;

(c) August, September, October, November reported by January 15th.

(2) When a first purchaser or handler has completed, signed, and forwarded a report covering his final purchases of strawberries for the crop season, he may mark such report in large letters “FINAL REPORT FOR THIS CROP SEASON”. No further reports are necessary by such first purchaser, unless or until additional purchases are made.

(3) When a first purchaser lives or has his office in another state, or is a federal or governmental agency, the producer shall report to this Commission all sales made to such purchaser as required by section (1) of this rule, and shall pay the assessment directly to the Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to this Commission.

(4) At the time that reports are due the Commission from the first purchaser, as required in section (1) of this rule, the first purchaser shall attach or forward payment to the Commission for the assessment due as set forth in each such report. The forms shall be signed by the first purchaser and completely filled out, and shall include, in addition to all other required information and figures, the date each transaction is made, the name and mailing address of each producer, the crop year, the tonnage, the price, and amount of assessment deducted and withheld.

(5) Any producer who performs the handling or processing functions on all or part of his production of the commodity, which normally would be performed by another person as the first purchaser thereof, shall report his sales of such commodity of his own production on forms provided by, and pay the assessment moneys directly to the Commission, unless the first purchaser from such producer voluntarily makes proper deduction and remits the proceeds to the Commission. (This is copied from the law. Examples would be the sale by a producer direct to a peddler, to a retail store, etc.)

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.325, 576.335 & 576.345
Hist.: SBY 1, f. 5-31-67; SBY 5, f. 12-24-74, ef. 1-25-75; SBY 1-2001, f. & cert. ef. 2-20-01; SBY 1-2012, f. & cert. ef. 4-12-12


 

Rule Caption: Amend 668-030-0020 “Two members will be handlers” to “One member will be a handler”.

Adm. Order No.: SBY 2-2012

Filed with Sec. of State: 4-12-2012

Certified to be Effective: 4-12-12

Notice Publication Date: 3-1-2012

Rules Amended: 668-030-0020

Subject: Amend OAR 668-030-0020(2c) “Two members will be handlers” to state “One member will be a handler”.

 This rule will allow the Oregon Strawberry Commission to consist of seven commissioners to be appointed by the Oregon Department of Agriculture with the commission consisting of a majority of the members being producers, one member being a public member, and one member being a handler.

Rules Coordinator: Rachel Denue—(541) 758-4043

668-030-0020

Qualifications of Commissioners

(1) For purposes of this rule:

(a) A “producer” is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment, if any, on the commodity in each of the preceding three calendar years.

(b) A “handler” is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years.

(2) Members of the Oregon Strawberry Commission will have the following qualifications, which will continue during the term of office of the member:

(a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of strawberries;

(b) A majority of the members will be producers;

(c) One member will be a handler;

(d) All members who are not a handler or the public member will be producers.

(3) In addition to the qualifications set forth in subsection (2) of this rule, members should be representative of all growing areas.

Stat. Auth.: 2003 OL Ch. 604 & ORS 576
Stats. Implemented: 2003 OL Ch. 604 & ORS 576
Hist.: SBY 1-2004, f. & cert. ef. 1-15-04; SBY 2-2012, f. & cert. ef. 4-12-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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