Oregon Bulletin
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.
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