Rules For Reporting And Payment Of Assessments

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_647/647_010.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF AGRICULTURE,

OREGON PROCESSED VEGETABLE COMMISSION









 

DIVISION 10
RULES FOR REPORTING AND PAYMENT OF ASSESSMENTS

647-010-0005
Definitions
(1) "Person" means any individual, corporation, association, partnership or joint stock company.
(2) "Commission" means the Oregon Processed Vegetable Commission.
(3) "First Purchaser" means any person who buys any of the named vegetable crops from the producer in the first instance, or handler who receives the vegetables in the first instance from the producer for resale for processing.
(4) "Producer" means a person or other legal entity producing the named vegetable crops in Oregon for processing, whether as a landowner, landlord, tenant, sharecropper or otherwise.
(5) "Handler" means any producer, processor, distributor or other person engaged in handling or marketing of or dealing in any of the named vegetable crops, whether as owner, agent, employee, broker or otherwise.
(6)(a) Vegetables as described under the Oregon Processed Vegetable Commission include the following species:
(A) Beans, Phaseolus vulgaris L (including green, wax and romano, but not dry beans);
(B) Sweet Corn, Zea May L (or other types of corn processed for human consumption);
(C) Table Beet, Beta Vulgaris L;
(D) Carrot, Daucus carota L;
(E) Broccoli, Brassica Boleracea L Italica group;
(F) Cauliflower, Boleraces L Botrytis group.
(b) Each of these vegetable crops sold through commercial channels (ORS 576.051) to processors are to be included. In this instance, processed means any form of the above named crops used for canning, freezing, drying, dehydrating or pickling. These and other vegetable crops marketed fresh are excluded.
Stat. Auth.: ORS 576

Stats. Implemented:

Hist.: PVC 2-1985, f. 7-17-85, ef. 7-22-85
647-010-0010
Assessments
(1) Any first purchaser shall deduct
and withhold an assessment of the following amounts from each of the above named
vegetable crops:
(a) Beans — $.881 per
ton based on the net weight of the beans delivered.
(b) Sweet Corn — $.425
per ton based on the gross weight of the sweet corn delivered.
(c) Table Beets — $.204
per ton based on the net weight of the table beets delivered.
(d) Carrots — $.054
per ton based on the net weight of the carrots delivered.
(e) Broccoli — $2.238
per ton based on the net weight of the broccoli delivered.
(f) Cauliflower — $1.836
per ton based on the net weight of the cauliflower delivered.
(2) From the price paid to
the producer thereof, after July 1, 2015 for all of the above named vegetables for
processing and grown in Oregon.
Stat. Auth.: ORS 576.051 - 576.595
Stats. Implemented: ORS 576.051
- 576.595
Hist.: PVC 2-1985, f. 7-17-85,
ef. 7-22-85; PVC 1-1986, f. 5-30-86, ef. 6-1-86; PVC 2-1987, f. & ef. 6-16-87;
PVC 1-1988, f. 4-22-88, cert. ef. 6-1-88; PVC 1-1989, f. 5-4-89, cert. ef. 6-1-89;
PVC 1-1990, f. 4-24-90, cert. ef. 6-1-90; PVC 1-1991, f. 5-7-91, cert. ef. 6-1-91;
PVC 1-1992, f. 4-15-92, cert. ef. 6-1-92; PVC 1-1993, f. 4-28-93, cert. ef. 6-21-93;
PVC 1-1994, f. 4-22-94, cert. ef. 6-21-94; PVC 2-1995, f. 5-24-95, cert. ef. 6-1-95;
PVC 1-1996, f. 5-14-96, cert. ef. 1-1-96; PVC 1-1997, f. 5-6-97, cert. ef. 6-1-97;
OPVC 1-1998, f. 5-28-98, cert. ef. 6-1-98; OPVC 2-1999 f. 4-26-99, cert. ef. 6-1-99;
OPVC 1-2000, f. 5-2-00, cert. ef. 6-1-00; OPVC 2-2001, f. 5-15-01, cert. ef. 6-1-01;
OPVC 1-2002, f. 4-26-02, cert. ef. 6-1-02; OPVC 1-2003, f. 5-8-03, cert. ef. 6-1-03;
OPVC 2-2004, f. 5-11-04, cert. ef. 6-1-04; OPVC 1-2005, f. 5-13-05, cert. ef. 6-1-05;
OPVC 1-2006, f. 5-9-06, cert. ef. 6-1-06; OPVC 1-2007, f. 5-14-07, cert. ef. 6-1-07;
OPVC 2-2008, f. 5-2-08, cert. ef. 6-1-08; OPVC 1-2009, f. 5-14-09, cert. ef. 7-1-09;
OPVC 1-2010, f. 4-26-10, cert. ef. 7-1-10; OPVC 1-2011, f. 5-3-11, cert. ef. 7-1-11;
OPVC 1-2012, f. 5-14-12, cert. ef. 7-1-12; OPVC 1-2013, f. & cert. ef. 5-10-13;
OPVC 1-2014, f. & cert. ef. 5-5-14; OPVC 1-2015, f. 5-15-15, cert. ef. 7-1-15
647-010-0015
Reports and Payment of Assessment Moneys
Except as otherwise exempt or provided by regulation, a first purchaser or handler shall forward to the Commission so that the forms are postmarked on or before December 31st of each year on all delivered product of all commodities or within 15 days after delivery on late harvested carrots or cauliflower after the December 31 date completed and signed Commission approved forms covering all purchases of the above named vegetables for processing made by him immediately preceding the reporting dates. "Reporting Period", for purpose of this section means: December 31st of each year or within 15 days after delivery on late harvested carrots or cauliflower.
Stat. Auth.: ORS 576

Stats. Implemented:

Hist.: PVC 2-1985 f. 7-17-85, ef. 7-22-85; OPVC 2-2001, f. 5-15-01, cert. ef. 6-1-01
647-010-0020
Penalties
Penalty for delaying transmittal of assessment moneys (ORS 576.355) "In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a Commission shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment."
Stat. Auth.: 2003 OL Ch. 604, ORS 576

Stats. Implemented: 2003 OL Ch. 604, ORS 576

Hist.: PVC 2-1985 f. 7-17-85, ef. 7-22-85; OPVC 1-2004, f. 1-15-04 cert. ef. 1-16-04
647-010-0025
Effective Dates of Assessment
The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and OAR 647-010-0010(1) -- Assessments, or the reports required under OAR 647-010-0015 -- Reports and Payment of Assessment Moneys, applies to and covers any purchases by him or delivery on or after July 25, 1985, of the above named vegetables for processing and grown in Oregon.
Stat. Auth.: ORS 576

Stats. Implemented:

Hist.: PVC 2-1985 f. 7-17-85, ef. 7-22-85

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