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Oregon Bulletin

November 1, 2011

 

Department of Agriculture,
Oregon Raspberry and Blackberry Commission
Chapter 611

Rule Caption: Amend 611-010-0005 to change “Casual Sale” to not more than 5,000 lbs during calendar year.

Adm. Order No.: ORBC 1-2011

Filed with Sec. of State: 9-29-2011

Certified to be Effective: 9-29-11

Notice Publication Date: 6-1-2011

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.

      This proposed 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

611-010-0005

Definitions

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

(2) “Commission” means the Oregon Raspberry and Blackberry Commission.

(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 processing.

(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 species:

(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.

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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