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Oregon Bulletin

December 1, 2011

 

Department of Agriculture,
Oregon Wheat Commission
Chapter 678

Rule Caption: Directs Commission to begin assessing barley and updates commission compensation.

Adm. Order No.: WHEAT 2-2011

Filed with Sec. of State: 10-27-2011

Certified to be Effective: 11-2-11

Notice Publication Date: 10-1-2011

Rules Amended: 678-010-0010, 678-010-0020, 678-010-0030, 678-010-0040, 678-010-0050, 678-030-0000, 678-030-0010

Subject: The changes incorporate the assessment of barley into the wheat commission rules as allowed in the Oregon Wheat Commission statute as of July 1, 2011. The barley assessment rate and assessment payment process will stay the same with remittance to be redirected to the Oregon Wheat Commission office. Amendments to division 30 will update the Commissioner per diem to $100.00 per day and requesting preapproval of Commissioner expenses over $500.00.

Rules Coordinator: Tana Simpson—(503) 229-6665

678-010-0010

Applications of Assessment Rate to Wheat or Barley Mixtures

Any person who is a first purchaser or lien holder as defined by ORS 578.010, shall deduct and withhold the assessment as required by OAR 678-010-0030 on the gross weight of all grain mixtures that contain wheat, barley, or both that was grown in this state and sold through commercial channels, unless the grain mixture has been certified by the Federal Grain Inspection Service. If the grain mixture has been certified to contain a percentage of wheat, barley, or both, then the first purchaser or lien holder shall deduct and withhold the assessment as required by OAR 678-010-0030 on the percentage by weight of wheat, barley, or both that was grown in this state and sold through commercial channels.

Stat. Auth.: ORS 578

Stats. Implemented: ORS 578

Hist.: 1WC 3, f. 6-15-62; 1WC 8, f. & ef. 3-4-77; WHEAT 1-2001, f. & cert. ef. 3-1-01; WHEAT 1-2006, f. & cert. ef. 1-27-06; WHEAT 1-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11; WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11

678-010-0020

Definitions

(1) “Commercial Channels” means the sale of wheat, barley, or both for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat, barley, or both or product produced from wheat, barley, or both.

(2) “Commission” means the Oregon Wheat Commission.

(3) “Director” means the Director of the Oregon Department of Agriculture.

(4) “First Purchaser” means any person, corporation, association or partnership that buys wheat from the grower in the first instance, or any lienholder, public or private, who may possess wheat, barley, or both from the grower under any lien, or any handler who receives wheat, barley, or both in the first instance from the grower for resale or processing.

(5) “Grower” means any landowner personally engaged in growing wheat, barley, or both; a tenant of the landowner personally engaged in growing wheat, barley, or both; and both the owner and the tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, sharecropper, and any and all other business units, devices and arrangements.

(6) “Sale” includes any pledge or mortgage of wheat, barley, or both, after harvest, to any person, public or private.

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

(8) “Handler” means a person or other legal entity handling, marketing, or dealing wheat, barley, or both, whether as owner, agent, employee, broker, or otherwise.

(9) “Net Paid for Weight” means all sales or bartered bushels paid for.

(10) “Independent Third Party” refers to any organization other than the Commission and the Oregon Wheat Growers League.

(11) “Irregular” means less than two quarters per crop year.

(12) “Administrator” means a person employed and directed by the Commission.

Stat. Auth.: ORS 576

Stats. Implemented: ORS 578

Hist.: WC 2-1991, f. & cert. ef. 7-15-91; WHEAT 1-2006, f. & cert. ef. 1-27-06; WHEAT 1-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11; WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11

678-010-0030

Assessments

(1) Any first purchaser shall deduct and withhold from the grower an assessment of the following amounts for all wheat grown in Oregon as follows:

(a) July 1, 2008 and thereafter — 5 cents per bushel.

(b) 1991 through June 30, 2008 — 3 cents per bushel.

(c) 1981 through 1990 crops — 2 cents per bushel.

(d) 1975 through 1980 crops — 1 cent per bushel.

(e) 1974 and prior years — 1/2 cent per bushel.

(2)(a) Any first purchaser shall deduct and withhold from the grower an assessment of the following amounts for all barley grown in Oregon as follows:

(b) July 1, 2011 and thereafter — 1 dollar per ton.

(3) Any change in the above assessment rates requires approval by the Commission. In determining whether to impose a change in the above assessment rate, the Commission may:

(a) Work jointly with the Oregon Wheat Growers League to educate growers on a county-by-county basis, of the need for a change in the assessment rate;

(b) Work with an independent third party experienced in survey work to poll the growers of the state to determine whether the growers support a proposed change in the assessment rate;

(c) Consider the results of the poll when determining whether to raise the assessment rate.

Stat. Auth.: ORS 578

Stats. Implemented: ORS 578.211

Hist.: WC 2-1991, f. & cert. ef. 7-15-91; WHEAT 1-2006, f. & cert. ef. 1-27-06; WHEAT 2-2008, f. & cert. ef. 7-16-08; WHEAT 1-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11; WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11

678-010-0040

Reports and Payment of Assessment Monies

(1) First purchasers and handlers must submit completed and signed assessment reports on Commission approved forms. Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of wheat, barley, or both (net paid weight). Assessment collections that total $100 or more per month must be reported monthly. Assessments of less than $100 per month may be reported quarterly. Monthly assessment reports are due in the Commission office postmarked on or before the 20th day of the month following the calendar month in which the reported wheat, barley, or both was sold. Quarterly assessment reports are due in the Commission office postmarked on or before the 20th day of the reporting month specified below. Quarterly assessments shall be reported as follows:

(a) January, February, March assessments reported on or before April 20th;

(b) April, May, June assessments reported on or before July 20th;

(c) July, August, September assessments reported on or before October 20th; and

(d) October, November, December assessments reported on or before January 20th.

(2)(a) Notwithstanding section (1) of this rule, a first purchaser or handler who purchases or handles wheat, barley, or both on an irregular basis is not required to report assessments on a quarterly or monthly basis provided such person indicates in the space provided on the assessment their next purchase or handling of wheat, barley, or both subject to these assessments and reporting requirements. Such person will not be required to report or pay assessments until the 20th of the month following the calendar month in which the indicated date falls;

(b) However, if a person who purchases or handles wheat, barley, or both on an irregular basis purchases or handles wheat before the date indicated on the assessment report, that person must comply with the requirements of section (1) of this rule.

(3) When a first purchaser or handler has completed, signed, and forwarded a report covering the final purchase of wheat, barley, or both for the crop season, the filer may mark the box on the report that says “FINAL REPORT FOR THIS CROP SEASON.” No further reports are necessary by such first purchaser or handler unless or until additional purchases are made.

(4) When a first purchaser takes delivery of Oregon grown wheat, barley or both in another state, or is a federal or governmental agency, the grower shall report to this Commission all sales made to such purchaser as required by section (1) of this rule and shall pay the assessment directly to the Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to this Commission.

(5) At the time that reports are due the Commission from the first purchaser or first handler, as required in section (1) of this rule, the first purchaser or first handler shall attach and forward payment to the Commission for the assessment due as set forth in each such report. The forms shall be signed by the first purchaser or handler and completely filled out, and shall include, in addition to all other required information and figures, the name and complete mailing address of each grower, the crop year, the bushels and amount of assessment deducted and withheld.

(6) Any grower who performs the handling or processing functions on all or part of their own production of wheat, barley, or both, which normally would be performed by another person as the first purchaser thereof, shall report the sale of such wheat, barley, or both of their own production on forms provided by, and pay the assessment monies directly to the Commission, unless the first purchaser from such grower voluntarily makes proper deduction and remits the proceeds to the Commission. Examples would be the sale by a grower direct to another grower or feed lot. The assessment does not apply where a grower uses their own production for personal use (ie. seeding, feeding livestock, destruction).

Stat. Auth.: ORS 576

Stats. Implemented: ORS 578

Hist.: WC 2-1991, f. & cert. ef. 7-15-91; WHEAT 1-2001, f. & cert. ef. 3-1-01; WHEAT 1-2002, f. & cert. ef. 12-30-02; WHEAT 1-2006, f. & cert. ef. 1-27-06; WHEAT 1-2011(Temp), f. 6-24-11, cert. ef. 7-1-11 thru 12-27-11; WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11

678-010-0050

Penalties

(1) Any first purchaser or other person who delays transmittal of funds beyond the time set by the Commission shall pay ten percent of the amount due for the first month of delay and one and one half percent of the amount due for each month of delay thereafter.

(2) The Commission may by majority vote waive the penalties described in subsection (1) for good cause. The administrator may waive the penalties described in subsection (1) if the amount of the penalty is $1,000 or less, if the penalty was incurred due to illness or other good cause, and if the administrator is an employee of the Commission. The Administrator shall report all waived penalties to the Commission on a quarterly basis.

(3) If any first purchaser or other person responsible for transmittal of the assessment monies to the Commission willfully refuses to turn over assessment monies to be collected, the first purchaser or other person shall pay an additional penalty equal to twice the amount of the assessment monies so withheld.

(4) The penalties described in subsections (1) and (3) are in addition to the penalties prescribed in ORS 578.990.

Stat. Auth.: ORS 576.304 & 578

Stats. Implemented: ORS 576.304 & 578

Hist.: WC 2-1991, f. & cert. ef. 7-15-91; WHEAT 1-2006, f. & cert. ef. 1-27-06; WHEAT 1-2010, f. & cert. ef. 7-15-10; WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11

678-030-0000

Per Diem Compensation

(1) Subject to the availability of funds in the budget of the Commission, the Oregon Wheat Commission must pay any member of the Commission, other than a member who is employed in full-time public service, compensation for each day or portion thereof during which the member is actually engaged in the performance of official Commission duties.

(2) The rate of compensation is limited to $100 per day.

(3) In order to receive compensation, a member must submit to the Oregon Wheat Commission a written claim for compensation by the 20th day of the third calendar month following the month for which the member seeks compensation. The member must specify the amount of time the member spent on official Commission duties as well as the nature of the duties performed for any day or portion thereof for which the member claims compensation.

Stat. Auth.: ORS 292.495, 578.060 & 578.090

Stats. Implemented: ORS 578

Hist.: WHEAT 1-2008, f. & cert. ef. 1-11-08; WHEAT 1-2010, f. & cert. ef. 7-15-10; WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11

678-030-0010

Reimbursement of Travel and Other Expenses

(1) Subject to sections (2)-(5) of this rule, a member of the Oregon Wheat Commission, including a member employed in full-time public service, may receive actual and necessary travel and other expenses actually incurred in the performance of the member’s official duties.

(2) In order to receive reimbursement of actual and necessary travel and other expenses, a member must submit to the Oregon Wheat Commission a written itemized claim for reimbursement supported by receipts, invoices or other appropriate documentation for travel and other expenses by the 20th day of the third calendar month following the month in which the member incurred the expense. The claim for reimbursement must include the following information for each expense:

(a) Date on which the member incurred the expense; and

(b) Nature of the expense; and

(c) Amount of the expense.

(3) Any single expense that exceeds $500.00 must be authorized by the Oregon Wheat Commission before a member incurs the expense, unless the member demonstrates to the Commission that the expense was not reasonably foreseeable and submits a written itemized claim for reimbursement supported by receipts, invoices or other appropriate documentation. If the expense was not preauthorized the Commission may consider the claim at the next Commission meeting.

(4) For the purposes of this rule, “travel and other expenses” are limited to reasonable expenses. An expense is reasonable if:

(a) It is an actual expense incurred by a member in carrying out official Commission business, which is within the member’s scope of responsibilities; and

(b) The expense is necessary to enable the member to carry out official Commission business.

Stat. Auth.: ORS 292.495 & 578.060

Stats. Implemented: ORS 578 & 576

Hist.: WHEAT 1-2008, f. & cert. ef. 1-11-08; WHEAT 1-2010, f. & cert. ef. 7-15-10; WHEAT 2-2011, f. 10-27-11, cert. ef. 11-2-11

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

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