Reporting And Payment Of Assessments

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_644/644_010.html
Published: 2015

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

 

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DEPARTMENT OF AGRICULTURE,

OREGON SHEEP COMMISSION









 

DIVISION 10
REPORTING AND PAYMENT OF ASSESSMENTS

644-010-0005
Definitions
The following definitions will apply
to division 10 and division 30 Administrative Rules of the Oregon Sheep Commission.
(1) “Person”
means any individual, group of individuals, corporation, association, partnership,
joint stock company, or any other legal entity.
(2) “Commission”
means the Oregon Sheep Commission.
(3) “Handler”
means any processor, distributor, auction market, or other person engaged in handling
or marketing sheep, whether as owner, agent, employee, broker, or otherwise, who
buys sheep from a producer and receives sheep in the first instance from a producer
for resale or processing.
(4) “Producer”
means any person, as defined in OAR 644-010-0005(1), who raises, breeds, and produces
sheep for sale, including anyone who markets sheep or sheep products of that person’s
own production directly to consumers.
(5) “Sheep” means
an animal of the ovine species, regardless of age, including rams and ewes.
Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Hist.: SC 2, f. 12-20-77,
ef. 1-1-78; SHEEP 1-2004, f. & cert. ef. 1-8-04; SHEEP 1-2014, f. 6-30-14, cert.
ef. 7-1-14; SHEEP 2-2014, f. & cert. ef. 7-23-14
644-010-0010
Assessments
(1) Each handler making payment to a
producer shall deduct an assessment of $0.50 per head from the sale of each live
sheep sold by the producer and remit the assessment of $0.50 per head to the Oregon
Sheep Commission at quarterly intervals as defined by OAR 644-010-0015(1). If the
handler is receiving sheep for resale, the assessment shall be forwarded to subsequent
purchaser. The assessment will be remitted by the final handler at time of final
harvest.
(2) Each person processing
or causing to be processed sheep of that person’s own production shall pay
an assessment at the rate of $0.50 per head to the Oregon Sheep Commission for each
live sheep sold for slaughter or custom processing. The assessment shall be remitted
to the Commission at quarterly intervals as defined by OAR 644-010-0015(1).
(3) A producer who markets
sheep to an out-of-state handler is responsible to remit the assessment of $0.50
per head to the Commission as required by ORS 576.345, unless the subsequent purchaser
voluntarily agrees to deduct the assessment of $0.50 per head from the proceeds
owed to the producer and to remit to the Oregon Sheep Commission as specified under
OAR 644-010-0015.
(4) The assessment will be
collected on any sheep that has been fed or grazed in Oregon for at least 30 consecutive
days during the preceding 12 months prior to the date of sale.
Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.304(2)
& 576.325(4)(f)
Hist.: SC 2, f. 12-20-77,
ef. 1-1-78; SC 1-1985, f. & ef. 11-20-85; SHEEP 1-2004, f. & cert. ef. 1-8-04;
SHEEP 1-2005, f. 12-15-05 cert. ef. 1-1-06; SHEEP 1-2006, f. 12-12-06, cert.ef.
1-1-07; SHEEP 1-2010(Temp), 12-15-10, cert. ef. 1-1-11 thru 3-31-11; SHEEP 1-2011,
f. & cert. ef. 2-14-11; SHEEP 1-2014, f. 6-30-14, cert. ef. 7-1-14; SHEEP 2-2014,
f. & cert. ef. 7-23-14
644-010-0015
Reports and Payment of Assessment
Moneys
(1) Handlers shall remit collected assessments
on a quarterly basis, with a completed and signed assessment report on commission
approved forms. The information specified in OAR 644-010-0015(3) may be provided
in a separate printed report, if accompanied by a signed commission approved assessment
form. Assessment reports shall include all purchases by or deliveries to a handler
of sheep. Quarterly assessment reports are due in the commission office postmarked
on or before the 10th day of the month following the end of the quarter. Quarterly
assessments shall be reported as follows.
(a) January, February, March
assessments report must be postmarked on or before April 10th;
(b) April, May, June assessments
report must be postmarked on or before July 10th;
(c) July, August, September
assessments report must be postmarked on or before October 10th;
(d) October, November, December
assessments report must be postmarked on or before January 10th.
(2) If the producer sells,
ships, or otherwise disposes of sheep to any person outside Oregon, the producer
shall deduct the assessment of $0.50 per head from the proceeds owed to the producer
and remit to the Commission at quarterly intervals as specified in OAR 644-010-0015(1).
(3) Each person collecting
the assessment must provide to the person from whom the assessment was deducted
a receipt including:
(a) Name and address of the
person collecting the assessment,
(b) Date of sale,
(c) Name and address of the
person who paid the assessment,
(d) Number of head of sheep
sold, and
(e) Total assessment paid
by the producer.
Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Hist.: SC 2, f. 12-20-77,
ef. 1-1-78; SHEEP 1-2003, f. & cert. ef. 1-6-03; SHEEP 1-2004, f. & cert.
ef. 1-8-04; SHEEP 1-2014, f. 6-30-14, cert. ef. 7-1-14; SHEEP 2-2014, f. & cert.
ef. 7-23-14
644-010-0020
Penalties
(1) A handler who delays transmittal
of funds to the Commission beyond the time specified in OAR 644-010-0015(1) 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.
(2) By majority vote, the
Commission may waive or adjust penalties for good cause or if the assessment is
deemed uncollectible.
Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Hist.: SC 2, f. 12-20-77,
ef. 1-1-78; SHEEP 1-2004, f. & cert. ef. 1-8-04; SHEEP 1-2014, f. 6-30-14, cert.
ef. 7-1-14; SHEEP 2-2014, f. & cert. ef. 7-23-14
644-010-0025
Effective Dates of Assessment
The assessment to be withheld and paid
by a handler, processor, distributor, auction market, or other person engaged in
handling or marketing sheep shall begin with sheep purchased or sold on or after
July 1, 2014.
Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Hist.: SC 2, f. 12-20-77,
ef. 1-1-78; SHEEP 1-2004, f. & cert. ef. 1-8-04; SHEEP 1-2014, f. 6-30-14, cert.
ef. 7-1-14; SHEEP 2-2014, f. & cert. ef. 7-23-14

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