Loading

Oregon Bulletin

December 1, 2011

 

Department of Agriculture,
Oregon Hazelnut Commission
Chapter 623

Rule Caption: Amending the assessment on hazelnuts from $11 per ton to $14 per ton.

Adm. Order No.: HZL 1-2011

Filed with Sec. of State: 10-24-2011

Certified to be Effective: 10-24-11

Notice Publication Date: 10-1-2011

Rules Amended: 623-010-0010

Subject: Proposed amendment to OAR 623-010-0010 will increase the assessment to hazelnut growers. Increased revenue is being used to offset decreased federal and state dollars for production research projects and increased state fees. The expected result will be the continued research projects and increased state fees. The expected result will be the continued research on the development of eastern filbert blight resistant trees, which will enable the Oregon hazelnut industry to be sustainable.

Rules Coordinator: Polly Owen—(503) 678-6823

623-010-0010

Assessment

(1) Except as provided in section (2) of this rule, for all transactions occurring on or before October 31, 2011, involving hazelnuts grown in Oregon, the first purchaser shall deduct and withhold an assessment of $.0055 per pound or $11 per ton on merchantable weight in-shell hazelnuts and $.01375 per pound or $27.50 per ton on all shelled hazelnuts from the price paid the producer. Except as provided in section (2) of this rule, for all transactions occurring on or after November 1, 2011, involving hazelnuts grown in Oregon, the first purchaser shall deduct and withhold an assessment of $.007 per pound or $14 per ton on merchantable weight in-shell hazelnuts and $.0175 per pound or $35 per ton on all shelled hazelnuts from the price paid the producer.

(2) All casual sales of hazelnuts shall be exempt from said assessment.

(3) ORS 576.345: When a first purchaser lives or has his office in another state or is a federal or other governmental agency, the producer shall report all sales made to such purchaser on forms provided by and pay the tax assessment directly to the Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to the Commission.

(4) Any producer who performs the handling or processing functions on all or a part of the production of hazelnuts, which normally would be performed by another person as the first purchaser thereof, shall report the sales on such self-produced hazelnuts on forms provided by and pay the assessment moneys directly to the Commission, unless the purchaser from such producer voluntarily makes the proper deduction and remits the proceeds to the Commission.

Stat. Auth.: ORS 576

Stats. Implemented: ORS 576

Hist.: OFC 2, f. 8-6-59; OFC 7, f. 5-10-65, ef. 7-1-65; OFC 8, f. 4-24-72, ef. 7-1-71; OFC 2-1980, f. & ef. 7-28-80; OFC 1-1982, f. & ef. 10-4-82; OFC 2-1984, f. & ef. 3-7-84; OFC 1-1985, f. 7-29-85, ef. 8-1-85; HZL 1-2000, f. 12-8-00, cert. ef. 1-1-01; HZL 1-2003, f. 9-30-03, cert. ef. 10-1-03; HZL 1-2004, f. & cert. ef. 7-30-04; HZL 1-2011, f. & cert. ef. 10-24-11

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

© 2013 State of Oregon All Rights Reserved​