Oregon Bulletin
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Rules Repealed: 604-010-0005(T), 604-010-0011(T), 604-010-0015(T),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.
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