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Oregon Bulletin

November 1, 2011

 

Department of Agriculture,
Oregon Fine Fescue Commission
Chapter 604

Rule Caption: Includes Highland Bentgrass to crops assessed by Fine Fescue Commission; adds a commissioner.

Adm. Order No.: CRFC 2-2011

Filed with Sec. of State: 10-7-2011

Certified to be Effective: 10-7-11

Notice Publication Date: 9-1-2011

Rules Amended: 604-010-0005, 604-010-0011, 604-010-0015, 604-030-0010, 604-030-0020

Rules Repealed: 604-010-0005(T), 604-010-0011(T), 604-010-0015(T), 604-030-0010(T), 604-030-0020(T)

Subject: The changes allow the Fine Fescue Commission to incorporate the assessment of Highland Bentgrass seed (Argostis castellana), or any mixture containing at least 50% of Highland Bentgrass seed, pursuant to the authority in SB 946 (2011) and ORS 576. The assessment rate and method of paying assessments remains the same as it was under the Highland Bentgrass Commission, which was dissolved by SB 946 (2001). Further, the Fine Fescue Commission is adding a producer of Highland Bentgrass seed to the commission, bringing the total number of commissioners to nine. These Permanent Rules will replace the Temporary Rules adopted by the Commission June 30, 2011.

Rules Coordinator: Lisa Ostlund—(503) 364-2944

604-010-0005

Definitions

As used in OAR 604-010-0011 and 604-010-0015, unless otherwise required by context:

(1) “Person” means any individual, corporation, association, partnership, and joint stock company.

(2) “Commission” means the Fine Fescue Commission.

(3) “Casual Sale” means any sale or sales of Chewings Fescue seed, Creeping Red Fescue seed or Highland Bentgrass seed, or blend consisting of 50 percent or more of Highland Bentgrass seed, made by the producer direct to the consumer where the total accumulated sales during a calendar year is not more than 100 pounds.

(4) “First Purchaser” means any person who buys Chewings Fescue seed, Creeping Red Fescue seed or Highland Bentgrass seed, or blend consisting of 50 percent or more of Highland Bentgrass seed, from the producer in the first instance, or handler who received the seed in the first instance from the producer for resale or processing.

(5) “Producer” means a person or other legal entity producing Chewings Fescue seed, Creeping Red Fescue seed or Highland Bentgrass seed, or blend consisting of 50 percent or more of Highland Bentgrass seed, for market, whether as landowner, landlord, tenant, sharecropper, or otherwise.

(6) “Handler” means any producer, processor, or distributor, or other person engaged in the handling or marketing of or dealing in Chewings Fescue seed, Creeping Red Fescue seed or Highland Bentgrass seed, or blend consisting of 50 percent or more of Highland Bentgrass seed, whether as an owner, agent, employee, broker, or otherwise.

(7) “Fescue” means Chewings Fescue seed or Creeping Red Fescue seed.

(8) “Highland Bentgrass” means Highland Bentgrass seed (Agrostis castellana).

Stat. Auth.: ORS 576, SB 946 (2011)

Stats. Implemented: ORS 576, SB 946 (2011)

Hist.: CFC 1, f. 5-1-56, ef. 4-26-56; CFC 3, f. 9-27-57; CRFC 1-2001, f. & cert. ef. 6-12-01; CRFC 1-2011(Temp), f. & cert. ef. 6-30-11 thru 11-22-11; CRFC 2-2011, f. & cert. ef. 10-7-11

604-010-0011

Assessments

(1) Any person who is a first purchaser (or who otherwise is required to pay an assessment to the Oregon Fine Fescue Commission) for all purchases made on or after April 1, 2002, shall deduct and withhold an assessment of one percent (1%) of the price per pound of seed purchased from the price paid to the producer thereof for all Fescue seed grown in Oregon.

(2) Any person who is a first purchaser (or who otherwise is required to pay an assessment to the Oregon Fine Fescue Commission) shall deduct and withhold an assessment of $1.75 for each 100 pounds on a clean seed basis from the price paid to the producer thereof, on and after July 1, 2010, for Highland Bentgrass seed or any commodity or mixture which contains more than 50 percent of Highland Bentgrass seed.

Stat. Auth.: ORS 576, SB 946 (2011)

Stats.Implemented: ORS 576.325 - 576.375, SB 946 (2011)

Hist.: CFC 6, f. & ef. 11-7-62; CFC 8, f. 4-5-63, ef. 7-1-63; CFC 10, f. 6-18-64; CFC 11, f. 6-25-65, ef. 7-1-65; CFC 12, f. 7-6-70, ef. 7-1-70; CFC 1-1979, f. 6-7-79, ef. 7-1-79; CFC 1-1988, f. 7-1-88, cert. ef. 8-1-88; CFC 1-1989, f. 6-15-89, cert. ef. 7-1-89; CFC 1-1991(Temp), f. 7-30-91, cert. ef. 8-1-91; CFC 1-1995, f. & cert. ef. 11-29-95; CRFC 1-2002, f. 3-25-02, cert. ef. 4-1-02; CRFC 1-2011(Temp), f. & cert. ef. 6-30-11 thru 11-22-11; CRFC 2-2011, f. & cert. ef. 10-7-11

604-010-0015

Reports and Payment by First Purchaser

(1) First purchasers and handlers, as defined in 604-010-0005(4) and (6), must submit completed and signed assessment reports on commission approved form.

(2) Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of Fescue seed (net paid weight) and all purchases by or deliveries to a first purchaser or handler of Highland Bentgrass seed or any commodity or mixture which contains more than 50 percent of such Highland Bentgrass seed.

(3) Quarterly assessment reports are due in the commission office postmarked on or before the 30th day of the reporting month specified below. Quarterly assessments shall be reported as follows:

(a) January, February, March assessments are reported on or before April 30th;

(b) April, May, June assessments are reported on or before July 30th;

(c) July, August, September assessments are reported on or before October 30th;

(d) October, November, December assessments are reported on or before January 30th.

(4) Within 30 days after the end of each quarter, the first purchaser must forward to this Commission forms furnished by and approved by the Commission. 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:

(a) The date each transaction is made;

(b) The name of each grower;

(c) The crop year;

(d) The variety (Chewings Fescue seed, Creeping Red Fescue seed or Highland Bentgrass seed or any commodity or any blend consisting of 50 percent or more of Highland Bentgrass seed);

(e) The pounds of cleaned seed;

(f) The price per pound for Chewings Fescue seed and Creeping Red Fescue seed; and

(g) The tax assessment deducted and withheld.

Stat. Auth.: ORS 576, SB 946 (2011)

Stats. Implemented: ORS 576, SB 946 (2011)

Hist.: CFC 2, f. 5-29-56; CRFC 1-2001, f. & cert. ef. 6-12-01; CRFC 1-2011(Temp), f. & cert. ef. 6-30-11 thru 11-22-11; CRFC 2-2011, f. & cert. ef. 10-7-11

604-030-0010

Number of Commissioners, Terms

The Oregon Fine Fescue Commission will consist of nine (9) members appointed by the Director of the Oregon Department of Agriculture for a term of three (3) years or, if for a term following a prior term for that person, ending three (3) years from the date of expiration of any prior term. There shall be no limit on the number of terms a commissioner may serve.

Stat. Auth.: 2003 OL Ch. 604, ORS 576.

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

Hist.: CRFC 1-2003, f. 11-26-03, cert. ef. 1-1-04; CRFC 1-2011(Temp), f. & cert. ef. 6-30-11 thru 11-22-11; CRFC 2-2011, f. & cert. ef. 10-7-11

604-030-0020

Qualifications of Commissioners

(1) For purposes of this rule:

(a) A “producer” is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment on the commodity in each of the preceding three calendar years.

(b) A “handler” is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years.

(2) Members of the Oregon Fine Fescue Commission will have the following qualifications, which will continue during the term of office of the member:

(a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of Chewings Fescue seed, Creeping Red Fescue seed or Highland Bentgrass seed;

(b) A majority of the members will be producers;

(c) At least one member will be a handler;

(d) Seven members who are not a handler or the public member will be producers; no less than six members will be producers of Chewings Fescue seed or Creeping Red Fescue seed; one member will be a producer of Highland Bentgrass seed.

(3) All members of the Oregon Fine Fescue Commission will serve from the state at large, except that two members of the Commission shall be from Union County, and all members must reside within the State of Oregon.

Stat. Auth.: 2003 OL Ch. 604, ORS 576

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

Hist.: CRFC 1-2003, f. 11-26-03, cert. ef. 1-1-04; CRFC 1-2011(Temp), f. & cert. ef. 6-30-11 thru 11-22-11; CRFC 2-2011, f. & cert. ef. 10-7-11

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, 2010.

2.) Copyright 2011 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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