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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF AGRICULTURE,
OREGON DAIRY PRODUCTS COMMISSION

 

DIVISION 10

RELATING TO REPORTS AND ASSESSMENTS TO BE PAID TO THE COMMISSION

 

RELATING TO REPORTS AND ASSESSMENTS
TO BE PAID TO THE COMMISSION

617-010-0025

Definitions

As used in this order and OAR 617-010-0025 to 617-010-0066:

(1) "Commission" means the Oregon Dairy Products Commission.

(2) "Federal Order" as used in these regulations means all the terms and conditions of the Federal Milk Marketing Agreement as published in the Federal Register.

(3) "First Purchaser" means any person at any location who buys milk from the producer in the first instance, or handler who received such milk in the first instance from the producer for resale or processing. A producer-distributor as defined in section (8) of this rule may be considered the first purchaser if milk is purchased from another producer.

(4) "Gross Dollar Receipts" means the gross amount that is owed to a producer by the first purchaser for milk he has sold, before deductions of any type or kind are made against or subtracted from the gross amount.

(5) "Handler" means any producer, processor, distributor or other person engaged in the handling or marketing of or dealing in milk or other dairy products, whether as an owner, agent, employee, broker, or otherwise.

(6) "Person" includes (by law) individuals, corporations, associations, firms, partnerships and joint companies.

(7) "Producer" means a person producing within this state, milk for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, or otherwise.

(8) "Producer-Distributor" means any person or producers defined under ORS 621.055(7), or under ORS 583.007(12), or defined under section 1124.12 of the Federal Order, whichever shall apply.

[Publications: Publications referenced in this rule are available from the agency.]

Stat. Auth.: ORS 576
Stats. Implemented:
Hist.: DP 4, f. 8-25-60; DP 9, f. & ef. 7-8-65; DP 10, f. 5-20-68, ef. 6-1-68; DP 13, f. 2-19-70, ef. 2-20-70; ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01

617-010-0035

Reports to Be Filed and Assessments to Be Paid to the Commission by "First Purchasers" of Milk and Cream

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 of milk in the previous month. Assessment reports are due in the commission office by 5:00pm on the last day of each month. (Example: Assessment reports for December 1-December 31 would be due in the commission office by 5:00 p.m. on January 31st.)

(1) Deductions made on the producers statements for assessments shall be clearly identified "Oregon Dairy Products Commission Assessment" or the abbreviation "O.D.P.C assessment."

Stat. Auth.: ORS 576
Stats. Implemented:
Hist.: DP 4, f. 8-25-60; DP 9, f. 7-8-65; DP 13, f. 2-19-70, ef. 2-20-70; ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01

617-010-0045

Assessment Rate Established

Any person who is a first purchaser or Producer-Distributor as defined in ORS 576 and this rule, shall deduct and withhold an assessment at the rate of 11.25¢ per cwt for all milk production in Oregon, as of July 1, 2008.

Stat. Auth: ORS 576
Stats. Implemented: ORS 576.305 & 576.325
Hist.: DP 4, f. 8-25-60; DP 6, f. 6-28-63, ef. 7-1-63; DP 9, f. & ef. 7-8-65; DP 10, f. 5-20-68, ef. 6-1-68; DP 15, f. 7-29-71, ef. 7-1-71; DP 1-1979, f. 6-29-79, ef. 7-1-79; DP 3-1984, f. 5-21-84, ef. 6-1-84; DP 1-1990, f. 4-20-90, cert. ef. 5-1-90; DP 1-1997, f. & cert. ef. 9-2-97; ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01; ODDC 1-2008, f. 6-6-08 cert. ef. 7-1-08

617-010-0056

Exemptions from Reporting and Assessment

(1) "Casual Sales" or on-farm sales of milk by a producer as provided for in Title 49 section 621.012 shall be exempt from Commission reporting and assessment requirements.

(2) "Casual Sales" or on-farm sales of milk by producer not meeting the criteria of Title 49 section 621.012 are not exempt from Commission reporting and assessment requirements.

Stat. Auth.: ORS 576
Stats. Implemented:
Hist.: DP 7, f. 8-14-63, ef. 10-1-63; DP 9, f. & ef. 7-8-65; DP 17, f. 7-29-71, ef. 7-1-71; ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01

617-010-0066

Reports to be Filed and Assessments to be Paid to the Commission by "Producer-Distributor" of Milk

(1) Producer-distributors must submit completed and signed assessment reports on commission-approved forms. Assessment reports shall include all milk production. Quarterly assessments are due in the commission office by 5:00 p.m. on the reporting month specified below. Quarterly assessments shall be reported as follows:

(a) January, February, March assessments are due by 5:00 pm on April 30th;

(b) April, May, June assessments are due by 5:00 pm on July 31st;

(c) July, August, September assessments are due by 5:00 pm on October 31st.

(d) October, November, December are due by 5:00 pm on January 31st.

(2) At the time that reports are due the Commission from the producer-distributor as required in section (1) of this rule, the producer-distributor shall attach and forward payment to the Commission for the assessment due as set forth in each report. The forms shall be signed by the producer-distributor and filled in with the required data as shown on such forms, including, but not limited to, the month in which milk was produced, the gross hundredweight, and the total assessment deducted and withheld.

(a) A record of the pounds of milk purchased from other handlers during the month;

(b) A record of milk sold to other handlers or creameries.

(4) All records required by ORS chapter 576 and regulations promulgated thereunder shall be retained and preserved by the producer-distributor for three years. If the Commission gives the producer-distributor written notice within such three year period, such records or any part thereof specified by the Commission shall be retained and preserved for such additional time as the Commission gives written notice of release thereof.

Stat. Auth: ORS 576
Stats. Implemented:
Hist.: DP 7, f. 8-14-63, ef. 10-1-63; DP 9, f. & ef. 7-8-65; DP 10, f. 5-20-68, ef. 6-1-68; DP 11, f. 2-5-69, ef. 3-1-69; DP 13, f. 2-19-70, ef. 2-20-70; DP 16, f. 9-9-71, ef. 7-1-71; DP 1-1982, f. & ef. 10-1-82; DP 3-1984, f. 5-21-84, ef. 6-1-84; ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01

617-010-0085

Reports to be Filed and Assessments to be Paid to the Commission by First Processors of Milk

(1) For the purposes of this rule:

(a) "Dairy Products" shall have the meaning set forth in ORS 621.152(3);

(b) "First Processor" means a person who, in the first instance, engages in the processing or manufacturing of dairy products in this state;

(c) "Processing" or "Manufacturing" means the heating, drying, mixing, churning, separating, extracting, freezing, combining or otherwise creating dairy products.

(2) First processors must submit completed and signed assessment reports on commission-approved forms. Assessment reports shall include all dairy products processed or manufactured in Oregon in the previous month. Assessment reports are due in the commission office by 5:00 pm on the last day of each month.

(3) At the time that reports are due the Commission from the first processor as required in section (1) of this rule, the first processor shall attach and forward payment to the Commission for the assessment due as set forth in each report. The forms shall be signed by the first processor and filled in with the required data as shown on such forms, including, but not limited to, the month in which the milk was processed, the gross hundredweight, and the total assessment deducted and withheld.

(4) The assessment to be withheld and paid by first processors is one-fourth of a cent per pound of butterfat.

Stat. Auth.: ORS 576
Stats. Implemented:
Hist.: DP 2-1984, f. 2-14-84, ef. 3-1-84; ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01; ODDC 2-2010, f. & cert. ef. 6-21-10

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