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Oregon Bulletin

September 1, 2013

Department of Agriculture, Oregon Raspberry and Blackberry Commission, Chapter 611

Rule Caption: Add a Secretary-Treasurer officer position to the Oregon Raspberry and Blackberry Commission.

Adm. Order No.: ORBC 1-2013

Filed with Sec. of State: 7-16-2013

Certified to be Effective: 7-16-13

Notice Publication Date: 6-1-2013

Rules Amended: 611-030-0040

Subject: Amend OAR 611-030-0040 to add a Secretary-Treasurer officer position to the Oregon Raspberry and Blackberry Commission, pursuant to ORS 576.285.

   This proposed rule change will add a Secretary-Treasurer officer position to the commission. The Secretary-Treasurer of the commission acts as custodian of all the monies, property, securities, fidelity bonds, and the books, records, and accounts maintained by the commodity commission. This officer is also responsible for promptly depositing all monies and securities of the commission into the appropriate banking institutions. These duties may be delegated to the Administrator. In the absence of the Chair or Vice Chair, the Secretary-Treasurer may perform his or her duties.

Rules Coordinator: Rachel Denue—(541) 758-4043

611-030-0040

Chair and Other Officers

(1) Annually, at the last regular meeting of the Commission at the end of the fiscal year, the Oregon Raspberry & Blackberry Commission will elect from its members a Chair, Vice Chair, and a Secretary-Treasurer who will serve until their successors are elected and qualified. The Chair, Vice Chair or Secretary-Treasurer may resign as such or may be removed from that position by vote of five or majority of the Commissioners. If the Chair, Vice Chair or Secretary-Treasurer ceases to be a Commissioner, the office will be vacant and a successor will be elected at the next regular meeting of the Commission.

(2) The Chair will preside over all meetings, call special meetings, and generally supervise the business affairs of the commodity commission committees.

(3) The Vice Chair will act in lieu of the Chair when the Chair is unable to perform the duties of the office of Chair or while the office is vacant. Under normal circumstances, the Vice Chair assists in the completion of the duties of the Chair.

(4) The Secretary-Treasurer of the commission acts as custodian of all the monies, property, securities, fidelity bonds, and the books, records, and accounts maintained by the commodity commission. This officer is also responsible for promptly depositing all monies and securities of the commission into the appropriate banking institutions. These duties may be delegated to the administrator. In the absence of the Chair or Vice Chair, the Secretary-Treasurer may perform his or her duties.

Stat. Auth.: ORS 576

Stats. Implemented: ORS 576.285

Hist.: ORBC 1-2004, f. & cert. ef. 1-15-04; ORBC 1-2013, f. & cert. ef. 7-16-13


Rule Caption: Clarify assessment requirements for producers.

Adm. Order No.: ORBC 2-2013

Filed with Sec. of State: 7-16-2013

Certified to be Effective: 7-16-13

Notice Publication Date: 6-1-2013

Rules Amended: 611-010-0010

Subject: Amend OAR 611-010-0010 to clarify the assessment requirements for producers.

   This rule change will clarify that producers who sell fresh directly to a retailer or to a consumer are required to pay the assessment as set forth in OAR 611-010-0015 (5). The amendment adds a new paragraph stating “Any producer who sells directly to a retailer or sells directly at farmers’ markets or farmstands is obligated to pay the assessment”.

Rules Coordinator: Rachel Denue—(541) 758-4043

611-010-0010

Assessments

(1) Any first purchaser shall deduct and withhold an assessment of 1 percent of the gross value of the raw product of the berries delivered to a processor before any deductions from the price paid to the producer thereof, after July 6, 1987, for all caneberries grown in Oregon. (See definition of “First Purchaser”.)

(2) Any producer who sells directly to a retailer or sells directly at farmers’ markets or farmstands is obligated to pay the assessment.

(3) All casual sales of caneberries shall be exempt form the assessment. (See definition of “Casual Sale”.)

(4) An organic producer will be exempt from assessment if the producer presents the following information to the commission by December 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

Stats. Implemented: ORS 576.325 & 576.335

Hist.: OCC 2-1981, f. 7-22-81, ef. 7-23-81; OCC 2-1987, f. & ef. 7-6-87; OCC 3-1987(Temp), f. & ef. 7-30-87; OCC 4-1987, f. & ef. 12-1-87; ORCB 1-2001, f. & cert. ef. 2-20-01; ORBC 1-2002, f. & cert. ef. 5-17-02; ORBC 1-2003, f. & cert. ef. 5-12-03; ORBC 2-2013, f. & cert. ef. 7-16-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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