Reporting And Payment Of Assessment

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_642/642_010.html
Published: 2015

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

 

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DEPARTMENT OF AGRICULTURE,

OREGON MINT COMMISSION









 

DIVISION 10
REPORTING AND PAYMENT OF ASSESSMENT

NOTE: Pursuant to authority vested in the Oregon Mint Commission by ORS 576.051 through 576.585, the following order and regulations relating to reporting and payment of assessments due the Commission are hereby promulgated.
642-010-0005
Definitions
(1) "Person" means any individual, corporation, association, partnership or joint stock company.
(2) "Commission" means the Oregon Mint Commission.
(3) "First Purchaser" means any person who buys mint oil from the producer in the first instance, or handler who receives the mint oil in the first instance from the producer for resale or processing.
(4) "Producer" means a person or other legal entity producing mint oil in Oregon for market, 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 mint oil, whether as owner, agent, employee, broker or otherwise.
(6) Mint oil consists of the oil of mint produced from but not limited to, M. piperita, (peppermint), M. cardiaca and M. spicata (spearmint). All peppermint and spearmint cultivars sold commercially are to be included.
Stat. Auth.: ORS 576

Stats. Implemented: ORS 576.325 - ORS 576.365

Hist.: OMC 1-1984, f. & ef. 6-18-84
642-010-0010
Assessments
Any first purchaser shall deduct and
withhold an assessment of nine cents ($.09) per pound for all oil purchased after
June 30, 2014. All mint oil produced in the State of Oregon is to be included.
Stat. Auth.: ORS 576.325 - 576.365
Stats. Implemented: ORS 576.325
- 576.365
Hist.: OMC 1-1984, f. &
ef. 6-18-84; MC 1-1989, f. 4-19-89, cert. ef. 7-1-89; MC 1-1993, f. 6-10-93, cert.
ef. 7-1-93; OMC 1-2010, f. 6-15-10, cert. ef. 7-1-10; OMC 1-2014, f. 4-14-14, cert.
ef. 7-1-14
642-010-0015
Reports and Payments of Assessment Moneys
(1) First purchasers and handlers must submit completed and signed assessment reports on commission approved forms or formats. Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of Mint. Monthly assessment reports and assessments are due in the commission office and must be postmarked by the last day of the month following the reporting month
Stat. Auth.: ORS 576

Stats. Implemented: ORS 576

Hist.: OMC 1-1984, f. & ef. 6-18-84; OMC 1-2001, f. & cert. ef. 3-21-01
642-010-0020
Penalties
Penalty for delaying transmittal of assessment moneys (ORS 576.355) "In addition to the penalties prescribed in ORS 576.991, any first purchaser or other person who delays transmittal of funds beyond the time set by the Commission shall pay five percent of the amount due for the first month of delay and one percent of the amount due for each month of delay thereafter."
Stat. Auth.: ORS 576

Stats. Implemented: ORS 576

Hist.: OMC 1-1984, f. & ef. 6-18-84
642-010-0025
Effective Dates of Assessment
(1) The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and OAR 642-010-0010, or the reports required under OAR 642-010-0015, applies to and covers any purchase by him or delivery on or after July 1, 1984, of mint oil grown in Oregon.
(2) This order shall be effective July 1, 1984, as postponement would result in serious prejudice to the public interest and particularly to the mint industry of this state. The Commission was only approved by referendum after a substantial number of the producers and all other segments of such industry agreed that cooperative programs were and are necessary to identify its needs with respect to research, education, and market development; studying legislation and regulation, state and federal, that affect the mint industry. It was a part of such opinion, and recently affirmed by a majority thinking of those in attendance at the public hearing, that such programs and the work of the Commission must start without delay.
Stat. Auth.: ORS 576

Stats. Implemented: ORS 576

Hist.: OMC 1-1984, f. & ef. 6-18-84




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