Department of Agriculture,
Oregon Raspberry and Blackberry Commission Chapter 611
Caption: Amend 611-010-0005 to change
“Casual Sale” to not more than 5,000 lbs during calendar year.
Order No.: ORBC 1-2011
Filed with Sec. of
Certified to be
Rules Amended: 611-010-0005
Subject: Amend OAR 611-010-0005 (3) “Casual Sale” to state:
“Casual Sale” any sale or sales of caneberries made by the producer direct to
the consumer where the total accumulated sales during a calendar year is not
more than 5,000 lbs.
rule will allow the commodity commission to collect assessments on Casual Sales
of more than 5,000 lbs.
Rules Coordinator: Rachel Denue—(541) 758-4043
(1) “Person” means any individual, corporation,
association, partnership or joint stock company.
(2) “Commission” means the Oregon Raspberry and
(3) “Casual Sale” means any sale or sales of
caneberries made by the producer direct to the consumer where the total
accumulated sales during a calendar year is not more than 5,000 lbs.
(4) “First Purchaser” means any person who buys
caneberries from the producer in the first instance, or handler who receives
the caneberries in the first instance from the producer for resale or
(5) “Producer” means a person or other legal entity
producing caneberries in Oregon for market, whether as a landowner, landlord,
tenant, sharecropper or otherwise.
(6) “Handler” means any producer, processor,
distributor or other person engaged in handling or marketing of or dealing in
caneberries, whether as owner, agent, employee, broker or otherwise.
(7) Caneberries consists of the trailing berries
(a) Rubus sp. hyb. (including, but not limited
to, the cultivars Boysen, Logan, and Marion); and
(b) R. Laciniatus West. (Evergreen Thornless
Blackberry) and raspberries species including, but not limited to;
(c) R. idaeus-strigosus L. (Red Raspberry); and
(d) R. occidentalis L. (Blackcap Raspberry). All
caneberry cultivars sold commercially are to be included.
Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.325
Hist.: OCC 2-1981, f. 7-22-81, ef.
7-23-81; ORBC 1-2011, f. & cert. ef. 9-29-11
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.