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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF AGRICULTURE, OREGON BEEF COUNCIL

 

DIVISION 10

COLLECTION OF ASSESSMENT, ENFORCEMENT

 

605-010-0010

Collection of Assessment

(1) Producers of cattle (live domestic bovine animals regardless of age) shall pay $1.50 on each head sold in Oregon as set forth in ORS 577.512 and 577.532, which authorize collection of assessments in the following manner:

(a) As ordered by the United States Secretary of Agriculture pursuant to the Beef Promotion and Research Act of 1985, 7 U.S.C. 2901 to 2918; 7 CFR ¦1260, currently in the amount of $1.00 per head; and

(b) As authorized by ORS 577.512 and 577.532.

(2) Out of the $1.00 total assessment ordered by the United States Secretary of Agriculture pursuant to the Beef Promotion and Research Act of 1985, 7 U.S.C. 2901 to 2918; 7 CFR ¦1260, the Oregon Beef Council (Council) shall be credited 50 cents of the $1.00 per head by the Cattlemen's Beef Board and the Council shall allocate those funds pursuant to the Beef Promotion and Research Act of 1985 and pursuant to ORS 577.290.

(3) The Council shall allocate the remaining 50 cents as provided in ORS 577.532.

(4) The Council shall assess, levy, and collect assessments as set forth in these rules.

(5) The Oregon Department of Agriculture (Department) shall act as agent for the Council and must collect assessments ordered by the United States Secretary of Agriculture and the Council in the same time, manner, and place that the Department collects brand inspection fees on cattle, cattle hides, and calves.

Stat. Auth.: ORS 577.125(1)(e)

Stats. Implemented: ORS 577.532, House Bill 2656, ORS 577.512, 577.520, 577.290(2), 577.525, 576.355, 576.365, 576.392

Hist.: BC 1-2006, f. & cert.ef. 6-27-06

605-010-0020

Procedure for Collecting Assessment

(1) The assessment must be collected as part of the Oregon Department of Agriculture's Brand Department inspection. Of the $1.50 per head assessed, the Department shall forward 50 cents per head to the Cattlemen's Beef Board and $1.00 per head less an administrative collection fee to the Oregon Beef Council. The administrative fee will be proportioned 2/3 from the $1.00 authorized by the Beef Promotion and Research Act of 1985 and 1/3 from the collection of 50 cents pursuant to ORS 577.512 and 577.532.

(2) The operator of a stockyard, slaughterhouse, packing plant or livestock auction market shall deduct any assessment from the proceeds of sale owed to the operator by the owner of an animal.

(3) The operator shall pay the entire assessment to the Department.

(4) When the operator provides a written statement of sale proceeds to the owner of an animal, the operator shall include a statement of the amount deducted from the proceeds for federal assessment, for state assessment, and for the Department's brand inspection services.

Stat. Auth.: ORS 577.125(1)(e)
Stats. Implemented: ORS 577.532, House Bill 2656, ORS 577.512, 577.520, 577.290(2), 577.525, 576.355, 576.365, 576.392
Hist.: BC 1-2006, f. & cert.ef. 6-27-06

605-010-0030

Exemptions from Assessment

(1) Pursuant to ORS 577.512(4), no assessment shall be collected on:

(a) Cattle and calves leaving Oregon solely for the purpose of pasturing in another state;

(b) Cattle presented at a recognized livestock show or rodeo;

(c) Cattle presented at a livestock auction market but not sold;

(d) Cattle delivered outside this state, provided ownership of the cattle remains unchanged;

(e) Cattle slaughtered for personal consumption; and

(f) Cattle resold within 10 days after purchase where the assessment has already been collected.

Stat. Auth.: ORS 577.125(1)(e)
Stats. Implemented: ORS 577.532, House Bill 2656, ORS 577.512, 577.520, 577.290(2), 577.525, 576.355, 576.365, 576.392
Hist.: BC 1-2006, f. & cert.ef. 6-27-06

605-010-0040

Procedures for Collecting Delinquent Assessments

(1) In the event of delinquent assessments, the Department shall submit the name(s) and contact information of those who are delinquent and the amount(s) delinquent to the Council.

(2) The Council will notify the Cattlemen's Beef Board as such delinquency pertains to the $1.00 ordered under the Beef Promotion and Research Act of 1985.

(3) The Council may as such delinquency pertains to the 50 cents authorized by ORS 577.512 and 577.532 send a demand letter. The demand letter shall include:

(a) A statement that the assessment payment is due and delinquent and that the debtor is subject to a penalty for late payment, pursuant to ORS 576.355;

(b) The amount of assessments and penalties owed; and

(c) A procedure for requesting reconsideration. The Council may offer a payment plan and include a payment plan request form with a demand letter. If offered, a payment plan must be based on a documented need resulting in an inability to make full payment, be interest bearing, and not exceed one year.

(4) The Council may refer the matter, if unresolved, to the Oregon Department of Revenue sixty days after the date of a demand letter..

(5) The Council may request that the Attorney General prosecute in the name of the State of Oregon suits and actions for the collection of assessments levied by the commission.

Stat. Auth.: ORS 577.125(1)(e)
Stats. Implemented: ORS 577.532, House Bill 2656, ORS 577.512, 577.520, 577.290(2), 577.525, 576.355, 576.365, 576.392
Hist.: BC 1-2006, f. & cert.ef. 6-27-06

605-010-0050

Cancellation of Uncollectible Assessments

The Council may cancel an uncollectible assessment consistent with ORS 293.240.

Stat. Auth.: ORS 577.125(1)(e)
Stats. Implemented: ORS 577.532, House Bill 2656, ORS 577.512, 577.520, 577.290(2), 577.525, 576.355, 576.365, 576.392
Hist.: BC 1-2006, f. & cert.ef. 6-27-06

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