Any person who is first purchaser as defined in ORS Chapter 576, shall deduct and withhold one and eight-tenths cents per pound (001.8) from the price to the producer, on and after September 1, 2009, on a dried weight basis, for all his/her purchases from the producer of hops produced in Oregon.
Stat. Auth.: ORS 183.325, 576.305 & 576.325
Stats. Implemented: ORS 576.325
Hist.: OHC 3, f. & ef. 7-23-64; OHC 5, f. 7-12-71, ef. 8-15-70; OHC 6, f. 8-2-77, ef. 8-15-77; OHC 1-1979, f. 7-2-79, ef. 8-15-79; OHC 1-1989, f. 8-2-89, cert. ef. 8-15-89; OHC 1-1991, f. 6-27-91, cert. ef. 8-15-91; HOP 3-1995, f. & cert. ef. 8-23-95; HOP 1-1998, f. & cert. ef. 8-24-98; HOP 1-2009, f. & cert. ef. 9-1-09
Reports and Payment by First Purchaser
(1) The assessment deducted and withheld by a first purchaser as required by law and OAR 643-010-0010 of this order, shall be reported and paid to the Oregon Hop Commission on a calendar monthly basis, except that the first reporting period shall be from August 15, 1964 to September 30, 1964, inclusive.
(2) The assessment required by section (1) of this rule shall be due and payable to the Oregon Hop Commission within 30 days after the end of each monthly period.
(3) Within 30 days after the end of each monthly period, each such first purchaser shall forward to the Oregon Hop Commission his remittance with his report on the reporting forms which shall be prescribed and furnished by such commission. The forms shall be signed by the first purchaser and filled in with the required data as shown on such forms, including the date the hops
were handled, by the first purchaser thereof, the name and address of the producer, the crop year, the number of bales, the pounds of hops, and the assessment deducted and withheld, on each such purchase from the producer thereof.
Pursuant to ORS 576.325(1), casual sales by a producer of hops in Oregon shall not be subject to the assessment due and payable to the Oregon Hop Commission. Casual sales shall also be exempted from the inspection requirement of OAR 643-010-0025. "Casual Sales" for the purpose of this rule is defined to mean sale or sales of hops grown by an Oregon producer and sold by the producer directly to a consumer, where the total accumulated such sales to all consumers during the calendar year are not more than 100 pounds.
All varieties of hops produced in the State of Oregon shall be inspected and certified in the State of Oregon or the State of Washington by the Federal/State Hop Inspection Service for quality and condition of seed, leaf, and stem prior to marketing, processing, or acceptance by first purchaser, whichever occurs first, but in no case later than November 15 of any production year, pursuant to the standards established by the Federal Grain Inspection Service of the United States Department of Agriculture.
Stat. Auth.: ORS 576.295, ORS 576.305(10) & ORS 576.305(12)
Stats. Implemented: ORS 576.295, ORS 576.305(10) & ORS 576.305(12)
Hist: HOP 1-1996, f. & cert. ef. 8-12-96; HOP 1-2002, f. & cert. ef. 8-16-02
(1) In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a commission will pay a penalty of ten (10) percent of the amount due and will also pay one and one-half (1 1/2) percent interest per month on the unpaid balance of the assessment.
(2) A commission may waive the penalty and interest described above upon showing of good cause.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS 576
Hist.: HOP 1-2004, f. & cert. ef. 1-16-04