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Oregon Bulletin

December 1, 2012

Department of Agriculture, Chapter 603

Rule Caption: Establishes certificate and annual fees for persons engaged in the shellfish industry.

Adm. Order No.: DOA 25-2012

Filed with Sec. of State: 10-30-2012

Certified to be Effective: 1-1-13

Notice Publication Date: 9-1-2012

Rules Adopted: 603-100-0100, 603-100-0110

Subject: The rules establish new certificate fees for persons engaged in the growing, production, harvesting, or distributing of shellfish in Oregon. Certificate fees will be assessed in a manner that correlates with the annual gross income of the person engaged in the shellfish industry. The rule also establishes new annual fees that will be asses to persons that use state lands to cultivate oysters, clams, or mussels. The annual fees will be assessed for each acre claimed by a person, and may vary depending on the classification of the land.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-100-0100

Certificate Fees; Rules

As provided in ORS 622.080, the Oregon Department of Agriculture establishes the following fees for persons engaged in the growing, production, harvesting or distribution of shellfish:

(1) Persons who receive $50,000 or less in annual gross income from all shellfish operations shall pay:

(a) $300 for a certificate of shellfish sanitation as a shucker-packer, or repacker. For a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish;

(b) $200 for a certificate of shellfish sanitation as a grower. For a person engaged in the business of growing shellfish;

(c) $200 for a certificate of shellfish sanitation as a distributor, reshipper, or shellstock shipper. For any jobber or wholesaler who furnishes or sells shellfish to retail outlets;

(d) $125 for a certificate of shellfish sanitation as a commercial harvester. For any person harvesting clams or mussels for commercial purposes.

(2) Persons who receive more than $50,000, but not more than $500,000 in annual gross income from all shellfish operations shall pay:

(a) $600 for a certificate of shellfish sanitation as a shucker-packer, or repacker. For a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish;

(b) $400 for a certificate of shellfish sanitation as a grower. For a person engaged in the business of growing shellfish;

(c) $450 for a certificate of shellfish sanitation as a distributor, reshipper, or shellstock shipper. For any jobber or wholesaler who furnishes or sells shellfish to retail outlets;

(d) $200 for a certificate of shellfish sanitation as a commercial harvester. For any person harvesting clams or mussels for commercial purposes.

(3) Persons who receive more than $500,000 in annual gross income from all shellfish operations shall pay:

(a) $1,200 for a certificate of shellfish sanitation as a shucker-packer, or repacker. For a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish;

(b) $800 for a certificate of shellfish sanitation as a grower. For a person engaged in the business of growing shellfish;

(c) $900 for a certificate of shellfish sanitation as a distributor, reshipper, or shellstock shipper. For any jobber or wholesaler who furnishes or sells shellfish to retail outlets;

(d) $250 for a certificate of shellfish sanitation as a commercial harvester. For any person harvesting clams or mussels for commercial purposes.

Stat. Auth.: ORS 561.190 & 622.080

Stat. Implemented: ORS 622.080
Hist.: DOA 25-2012, f. 10-30-12, cert. ef. 1-1-13

603-100-0110

Annual Fees

As provided in ORS 622.290, the Oregon Department of Agriculture establishes the following annual cultivation fees for the use of state lands to cultivate oysters, clams, or mussels:

(1) For growing areas that have been classified as prohibited, persons shall pay $5 per year for each acre claimed pursuant to Chapter 675, Oregon Laws 1969, or claimed pursuant to a plat made subsequent thereto.

(2) For growing areas that have been classified as approved, conditionally approved, restricted, or conditionally restricted shall pay $14 per year for each acre claimed pursuant to Chapter 675, Oregon Laws 1969, or claimed pursuant to a plat made subsequent thereto.

Stat. Auth.: ORS 561.190 & 622.290

Stat. Implemented: ORS 622.290
Hist.: DOA 25-2012, f. 10-30-12, cert. ef. 1-1-13


 

Rule Caption: Makes consistent and streamlines recordkeeping requirements for pesticide applicators, pesticide apprentices, and trainees.

Adm. Order No.: DOA 26-2012

Filed with Sec. of State: 10-30-2012

Certified to be Effective: 10-30-12

Notice Publication Date: 9-1-2012

Rules Amended: 603-057-0130

Subject: The proposed amendments will add clarity and consistency with other administrative rules on requirements for records required to be maintained by the pesticide applicators and public applicators to now include their pesticide license number. Adds the requirement of the name of applicator to be “legible” to assist in identifying the person responsible for making a pesticide application.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-057-0130

Applicator’s Records and Reports

(1) Pursuant to subsection (13) of ORS 634.116, a public applicator shall prepare and maintain the records, and submit the reports, required of pesticide operators by 634.146.

(2) A pesticide applicator shall prepare and maintain the records, and submit the reports, required of pesticide operators by ORS 634.146 if the employer of such applicator is not a pesticide operator (greenskeepers, etc.).

(3) A pesticide applicator and public applicator shall include their full name and pesticide applicator license number legibly on the records required by ORS 634.116.

(4) If a pesticide application is conducted by a Pesticide Apprentice or an Immediately Supervised Pesticide Trainee, then the names and pesticide license numbers of both the Pesticide Apprentice or Immediately Supervised Pesticide Trainee and their supervising applicator must be included legibly on the record.

Stat. Auth.: ORS 561 & 634
Stats. Implemented: ORS 634.146
Hist.: AD 7-1977, f. & ef. 4-5-77; DOA 26-2012, f. & cert. ef. 10-30-12


 

Rule Caption: Reduces threshold for initiating seafood price negotiations from 75% to 51% for harvesters and dealers.

Adm. Order No.: DOA 27-2012

Filed with Sec. of State: 11-2-2012

Certified to be Effective: 11-2-12

Notice Publication Date: 10-1-2012

Rules Amended: 603-076-0052

Subject: The rule change will reduce the threshold requirements for holding state supervised price negotiations from 75% of active seafood harvesters and 75% of dealers, as determined by pounds processed in the preceding year.

 The ODA asserts that the percentage of participants in relation to the industry as a whole is sufficient to allow the harvesters and the dealers to bargain collectively to arrive at a negotiated season starting price that encourages an orderly start to the season and the efficient production and distribution of seafood products.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-076-0052

Active State Supervision of Season Starting Price Negotiations for Seafood Commodities

To ensure that the Director is actively supervising the conduct of the seafood harvester association representatives and the seafood dealers under the regulatory program in accordance with the requirements of the federal antitrust laws and the Oregon Antitrust Act:

(1)(a) The Director — at the request of a minimum of fifty-one percent (51%) of harvesters with active permits for the specific seafood subject to negotiations, and fifty-one percent (51%) of dealers by volume of pounds landed in the previous year of the specific seafood species subject to negotiations — shall convene duly elected or appointed representatives of the seafood harvesters and seafood dealers, at a predetermined location, date and time to enter into price negotiations with the objective of reaching agreement on a negotiated season starting price for review and approval by the Department.

(b) The Director may schedule a series of meetings between the representatives of the harvesters and dealers.

(c) The names and affiliations of the representatives of the seafood harvester and the dealers shall be provided to the Department at least two working days prior to the meeting.

(2) The Director or the Director’s designee shall be present at and actively supervise all meetings between the seafood harvesters and dealer representatives pursuant to the regulatory program and, if necessary, mediate the price negotiations between the representatives at these meetings.

(3) The department shall designate someone to keep minutes of all state-supervised meetings between representatives of the seafood harvesters associations or cooperatives and dealer representatives; minutes of negotiations shall be distributed to all interested parties upon request.

(4) At the conclusion of the negotiations between the representatives of the seafood harvesters and dealers, the representatives shall by consensus take one of the following actions:

(a) Submit to the Director for review and approval a negotiated season starting price effective for the time period agreed to in the negotiations; or

(b) Notify the Director that the bargaining representatives cannot arrive at a negotiated price, and request that the Director establish the price based on all information presented in the negotiations; or

(c) Terminate the negotiations.

(5) Within two (2) days after the parties’ submission under section (4), the Director shall review the negotiated price and approve it as the established price, or reject the parties’ negotiated price and direct the parties to continue their negotiations if it is determined that the price does not reflect the interests of the State. The Director may request any information deemed necessary from the parties to review and approve the established price. The Director shall immediately notify the parties of the decision under this section in writing.

(6) In approving the established season opening price, the Director shall consider the negotiated price reached by representatives of the seafood harvesters and dealers. The Director may also consider information available from the parties, including inventories; previous price-harvest relationships; production and supply factors; competitive factors; local, national and world market production and supply, and prices; the influence of imported product on prices, and any other factors the Director deems necessary to approve the established price.”

(7)(a) The Director must approve the established season opening price before the parties shall implement the season opening prices effective for the parties which participated in and agreed to be bound by such through negotiations.

(b) The Director shall not be involved in adjustments to seafood prices once the time period effective for the season opening price has expired.

(c) However, if during the applicable time period effective for the season opening price, a majority of seafood harvesters and a majority of dealers who were parties to the negotiations request the Director to be involved in any adjustments to the established season starting price, a continuation of the supervised price negotiations may occur. Any proposed adjustments to an established season opening price or applicable time period require approval by the Director before they may become effective.

(8) The established season opening price shall be binding for all parties to the negotiations who have agreed to the prices and time frames and other terms and conditions as specified and approved by the Director.

(9) Parties to the negotiations shall reimburse the Department for costs associated with supervising and administering the regulatory program. The Department will provide the parties with an itemized list of costs associated with program supervision, and cost recovery shall be as follows:

(a) Department consultative fees for Attorney General counsel directly related to supervising the regulatory program shall be divided evenly between the parties and reimbursed to the Department.

(b) All parties to the negotiations will be assessed a fee of $100 towards the cost of state supervision of the negotiations. Costs above the total collected from the parties for this $100 flat fee will be evenly divided between all parties.

(c) Total costs for the department’s supervisory role will include: $45.00 per hour for time devoted to administration and supervision of the regulatory program, plus associated travel costs (mileage at state rates, and travel time) and expenses (copies, etc.).

Stat. Auth.: ORS 576.620 - 576.650, Ch. 487 OL 2003 & SB 673
Stats. Implemented: ORS 62.845, 646.515, 646.535 & 646.740
Hist.: DOA 13-2004, f. & cert. ef. 5-5-04; DOA 23-2011(Temp), f. & cert. ef. 12-8-11 thru 1-15-12; Administrative correction, 2-24-12; DOA 27-2012, f. & cert. ef. 11-2-12

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, 2011.

2.) Copyright 2012 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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