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DEPARTMENT OF AGRICULTURE,

OREGON SWEET CHERRY COMMISSION









 

DIVISION 10
REPORTING AND PAYMENT OF ASSESSMENTS 

669-010-0015
Definitions
(1) "Person" means any individual, corporation, association, partnership, or joint stock company.
(2) "Commission" means the Oregon Sweet Cherry Commission.
(3) "Casual Sale" means any sale of Oregon-produced sweet cherries made by the producer direct to any consumer(s), or any sales of fresh cherries, made direct to any retailer(s) in any one season, for an accumulated total of 2000 pounds or less during any one fiscal year.
(4) "First Purchaser" means any person who buys sweet cherries from the producer in the first instance, or handler who receives the cherries in the first instance from the producer for resale or processing.
(5) "Producer" means a person or other legal entity producing sweet cherries in Oregon for market, whether as a land-owner, landlord, tenant, sharecropper, or otherwise.
(6) "Handler" means any producer, processor, distributor, or other person engaged in handling or marketing of or dealing in sweet cherries, whether as owner, agent, employee, broker, or otherwise.
(7) Sweet cherries consist of the species Prunes Avium Linn and includes, but is not limited to, such varieties as Royal Annes, Corum, Sam, Black Republican, Van, Bing, Hoskins, Rainier, and Lambert. All sweet cherries grown in Oregon and sold commercially for whatever purpose (either for fresh market or processing) are to be included.
(8) "Net Paid for Weight" means the actual weight of all sweet cherries sold, less culls.
(9) "Cash Buyer" means any first purchaser who fully pays for any purchase within 30 days.
Stat. Auth.: ORS 576

Stats. Implemented: ORS 576

Hist.: RSC 1(Temp), f. 6-11-74, ef. 6-15-74 thru 10-12-74; RSC 4, f. 11-15-74, ef. 12-11-74; RSC 1-1985, f. & ef. 9-17-85; OSC 1-1989, f. 5-24-89, cert. ef. 6-1-89; OSCC 1-2004, f. & cert. ef. 1-13-04
669-010-0020
Assessments
(1) The first purchaser or producer acting in the capacity of his or her own first purchaser will deduct and withhold for assessments the following amounts for all sweet cherries grown in Oregon and sold for the following purposes on any crop harvested after this date:
(a) Fresh market -- $27 per ton;
(b) Canned -- $6.75 per ton;
(c) Frozen -- $ 6.75 per ton;
(d) Brined -- $12.25 per ton.
(2) All casual sales of sweet cherries will be exempt from the assessment. (See definition of "Casual Sales".)
Stat. Auth.: ORS 576.066(1)(e), 576.304(2), 576.325(2)(a)(b) & (4)(c)

Stats. Implemented: ORS 576.325

Hist.: RSC 1(Temp), f. 6-11-74, ef. 6-15-74 thru 10-12-74; RSC 4, f. 11-15-74, ef. 12-11-74; RSC 7(Temp), f. & ef. 7-1-75; RSC 8, f. 8-13-75, ef. 9-11-75; RSC 9, f. & ef. 11-21-75; RSC 2-1980, f. 6-6-80, ef. 6-15-80; RSC 2-1987, f. & ef 6-8-87; OSC 1-1989, f. 5-24-89, cert. ef. 6-1-89; OSC 1-1992, f. & cert. ef. 1-3-92; OSC 1-1994, f. & cert. ef. 6-15-94; OSC 2-1994, f. & cert. ef. 11-22-94; OSCC 1-1998, f. 7-2-98, cert. ef. 7-2-98; OSCC 1-2004, f. & cert. ef. 1-13-04; OSCC 1-2005, f. & cert. ef. 3-4-05
669-010-0025
Reports and Payment of Assessment Moneys
(1) First purchasers and handlers must submit completed and signed assessment reports on commission approved forms. Assessment reports will include all purchases or deliveries to a first purchaser or handler of sweet cherries (net paid weight). The assessments will be reported as follows:
(a) Cherries destined for fresh market that were purchased or delivered to the first purchaser before August 1st, the assessment report is due in the commission office postmarked on or before September 1st. Cherries destined for fresh market that were purchased or delivered after August 1st, the assessment report is due in the commission office postmarked on or before October 1st. If a final report cannot be completed within these time frames an estimated report is due by the dates specified above. If an estimate is used, the final report is due by October 1st for cherries purchased or delivered on or before August 1st or due by November 1st for cherries purchased or delivered after August 1st. (Also see item 4 below.)
(b) Cherries destined for brining, canning, and or freezing that were purchased or delivered to the first purchaser before December 1st, the assessment report is due in the commission office postmarked on or before December 15th. Cherries destined for brining, canning, and or freezing that were purchased or delivered to the first purchaser after December 1st, the assessment report is due in the commission office postmarked on or before May 15th.
(2) When a first purchaser or handler has completed, signed, and forwarded a report covering his or her final purchase of sweet cherries for the crop season, he or she 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 or her office in another state, or is a federal or governmental agency, the producer will report to this Commission all sales made to such purchaser as required by section (1) of this rule and will 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 or first handler, as required in section (1) of this rule, the first purchaser or first handler will attach or forward payment to the Commission for the assessment due as set forth in each such report. If an estimated report is used the payment accompanying it must equal a minimum 75% of the total assessments due for the crop year as calculated in the final report to avoid penalty and interest for late payment. The forms will be signed by the first purchaser or first handler and completely filled out, and will include, in addition to all other required information and figures, the name and complete mailing address of each producer, the crop year, the tonnage and amount of assessment deducted and withheld.
(5) Any producer who performs the handling or processing functions on all or part of his or her production of the commodity, which normally would be performed by another person as the first purchaser thereof, will report his or her sales of such commodity of his or her own production on forms provided by, and pay the assessment moneys directly to, the Commission, unless the first purchaser from such producer voluntarily makes the proper deduction and remits the proceeds to the Commission. (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

Hist.: RSC 1(Temp), f. 6-11-74, ef. 6-15-74 thru 10-12-74; RSC 4, f. 11-15-74, ef. 12-11-74; RSC 1-1985, f. & ef. 9-17-85; OSC 1-1989, f. 5-24-89, cert. ef. 6-1-89; OSC 1-1989, f. 5-24-89, cert. ef. 6-1-89; OSCC 1-2001, f. & cert. ef. 2-16-01; OSCC 1-2004, f. & cert. ef. 1-13-04; OSCC 2-2005, f. 8-23-05, cert. ef. 8-26-05
669-010-0030
Penalties
Penalty for delaying transmittal of assessment moneys (ORS 576.355), "In addition to the penalties prescribed in 576.99, any person who delays transmittal of funds beyond the time set by a Commission shall pay a penalty of ten percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment. If seeking a waiver of the penalties, a written explanation of the circumstances that caused the payment delay must be submitted to the Commission office for review. Penalties may be waived by a majority vote of the Commission.
Stat. Auth.: ORS 576 & 2003 OL Ch. 604

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

Hist.: RSC 1(Temp), f. 6-11-74, ef. 6-15-74 thru 10-12-74; RSC 4, f. 11-15-74, ef. 12-11-74; OSC 1-1989, f. 5-24-89, cert. ef. 6-1-89; OSCC 1-2004, f. & cert. ef. 1-13-04; OSCC 2-2005, f. 8-23-05, cert. ef. 8-26-05
669-010-0040
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 669-010-0020(4) of the reports required under 669-010-0025, applies to and covers any purchase by him or her or delivery on or after June 1, 1989, of any sweet cherries grown in Oregon.
Stat. Auth.: ORS 576

Stats. Implemented: ORS 576

Hist.: OSC 1-989, f. 5-24-89 & cert. ef. 6-1-89; OSC 1-1989, f. 5-24-89, cert. ef. 6-1-89; OSCC 1-2004, f. & cert. ef. 1-13-04
669-010-0050
Exemption Based on Type of Commodity Sale
No assessment will be deducted for any sale or sales of sweet cherries made by the producer direct to any consumer(s) and/or retailer(s) where the total accumulated sales during a fiscal year is not more than 2000 pounds. (See casual sales as defined in 669-010-0015.)
Stat. Auth.: 2003 OL Ch. 604, ORS 576

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

Hist.: OSCC 1-2004, f. & cert. ef. 1-13-04



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