Establishment Of Assessment Rate And Other Procedures Of The Commission

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_668/668_010.html
Published: 2015

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

 

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DEPARTMENT OF AGRICULTURE,

OREGON STRAWBERRY COMMISSION









 

DIVISION 10
ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES OF THE COMMISSION

668-010-0005
Definitions
(1) "Person" means any individual, corporation, association, partnership, or joint stock company.
(2) "Commission" means the Oregon Strawberry Commission.
(3) "First Purchaser" means any person who buys strawberries from the producer in the first instance, or handler who receives the strawberries in the first instance from the producer for resale or processing.
(4) "Producer" means a person or other legal entity producing strawberries 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 strawberries, whether as owner, agent, employee, broker, or otherwise.
(6) "Strawberries" include all varieties and selections grown in Oregon described as Fragaria spp and includes, but is not limited to, such varieties as Northwest, Siletz, Shasta, Marshall, Hood, Molalla, Puget Beauty, and strawberry hybrids.
(7) "Casual Sale" means any casual sale or sales of strawberries made by the producer direct to the consumer where the total accumulated sales during a calendar year is not more than 1000 pounds.
Stat. Auth.: ORS 576

Stats. Implemented: ORS 576.325

Hist.: SBY 1, f. 5-31-67; SBY 1-1986, f. & ef. 6-3-86; SBY 1-2001, f. & cert. ef. 2-20-01
668-010-0010
Assessments
(1) As authorized
or required by ORS 576.325 and 576.335, any person who is a first purchaser (or
otherwise is required to pay an assessment to the Oregon Strawberry Commission)
for all purchases made on or after May 15, 2013, shall deduct and withhold an assessment
of 1.25 percent of the gross value of the raw product before any deductions from
the price paid to the producer thereof, after May 15, 2013 for all strawberries
grown in Oregon. (See definition of "First Purchaser") Grower-purchasers will use
an estimated average of the state price, which will be set by the Commission prior
to September 1st each year.
(2) All casual
sales of Strawberries shall be exempt from the assessment.
(3) An organic
producer will be exempt from assessment if the producer presents the following information
to the commission by September 15th of each year:
(a) Either:
(A) A current
certificate from a certifying agent under the Organic Foods Production Act, 7 U.S.C.
§ 6501-6522 and its implementing regulations; or
(B) A statement
of exemption from certification under the Organic Foods Production Act, 7 U.S.C.
§ 6501-6522 and its implementing regulations; and
(b) A production
report signed by the producer containing the producer’s name, mailing address,
species of berries, and pounds and price for each species.
Stat. Auth.: ORS
576.305

Stats. Implemented:
ORS 576.325 & 576.335

Hist.: SBY
1, f. 5-31-67; SBY 4(Temp), f. & ef. 6-5-74 - 10-2-74; SBY 5, f. 12-24-74, ef.
1-25-75; SBY 1-1978, f. 5-18-78, ef. 6-1-78; SBY 1-1986, f. & ef. 6-3-86; SBY
2-1986, f. & ef. 8-12-86; SBY 1-1992, f. & cert. ef. 5-15-92; SBY 1-1997,
f. & cert. ef. 5-15-97; SBY 1-2001, f. & cert. ef. 2-20-01; SBY 1-2004,
f. & cert. ef. 1-15-04; SBY 1-2013. f. & cert. ef. 5-15-13
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
668-010-0020
Penalties
Penalty for delaying transmittal of assessment moneys is provided in ORS 576.355, which states: "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 ten percent of the amount due for the first month of delay and one and one-half percent of the amount due for each month of delay thereafter."
Stat. Auth.: ORS 576

Stats. Implemented: ORS 576.325 & ORS 576.355

Hist.: SBY 4, f. 5-31-67; SBY 5, f. 12-24-74, ef. 1-25-75; SBY 1-2005, f. & cert. ef. 1-13-05
668-010-0025
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 668-010-0010(1), or the reports required under OAR 668-010-0015, applies to and covers any purchase by him or delivery on or after June 1, 1967, of strawberries grown in Oregon.
Stat. Auth.: ORS 576

Stats. Implemented: ORS 576.325 & ORS 576.335

Hist.: SBY 4, f. 5-31-67



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