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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF AGRICULTURE,
OREGON SHEEP COMMISSION

 

DIVISION 10

REPORTING AND PAYMENT OF ASSESSMENTS

644-010-0005

Definitions

The following definitions will apply to division 10 and division 30 Administrative Rules of the Oregon Sheep Commission.

(1) "Person" means any individual, corporation, association, partnership, or joint stock company.

(2) "Commission" means the Oregon Sheep Commission.

(3) "Casual Sale" means any sale of wool made by the producer direct to the consumer in a quantity less than 200 pounds.

(4) "First Purchaser" means any person who buys wool from the producer in the first instance, or handler who receives the wool in the first instance from the producer for resale or processing.

(5) "Producer" means any person who raises, breeds, grows, or feeds sheep and sells the wool derived therefrom through commercial channels, and includes a person as defined in OAR 644-010-0005(1).

(6) "Handler" means any producer, processor, distributor, or other person engaged in handling or marketing of or dealing in wool, whether as owner, agent, employee, broker, or otherwise.

(7) "Wool" means the shorn or pulled fleece or fiber of sheep, in the grease basis, in the natural state before cleaning or scouring. Shorn wool is also deemed to include Murrain and other wool removed from dead sheep and other wool such as black wool, tags, and crutchings.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Hist.: SC 2, f. 12-20-77, ef. 1-1-78; SHEEP 1-2004, f. & cert. ef. 1-8-04

644-010-0010

Assessments

(1) Any first purchaser shall deduct and withhold an assessment of three cents ($.03) per pound from the price paid to the producer thereof, after January 1, 2011, for all wool produced in Oregon.

(2) All casual sales of wool made by the producer direct to the consumer and in an amount less than 200 pounds in any calendar year shall be exempt from the assessment.

(3) Any person (including producers eligible for exemption from assessment as casual sales) may donate to the Commission. Such authorization may be made by so indicating and signing such donation on the payment slips prepared by the first handler (who will include such donations in the quarterly report).

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.304(2) & 576.325(4)(f)
Hist.: SC 2, f. 12-20-77, ef. 1-1-78; SC 1-1985, f. & ef. 11-20-85; SHEEP 1-2004, f. & cert. ef. 1-8-04; SHEEP 1-2005, f. 12-15-05 cert. ef. 1-1-06; SHEEP 1-2006, f. 12-12-06, cert.ef. 1-1-07; SHEEP 1-2010(Temp), 12-15-10, cert. ef. 1-1-11 thru 3-31-11; SHEEP 1-2011, f. & cert. ef. 2-14-11

644-010-0015

Reports and Payment of Assessment Moneys

(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 wool. Quarterly assessment reports are due in the commission office postmarked on or before the 30th day of the reporting month specified below. Quarterly assessments shall be reported as follows.

(a) January, February, March assessments report must be postmarked on or before April 30th;

(b) April, May, June assessments report must be postmarked on or before July 30th;

(c) July, August, September assessments report must be postmarked on or before October 30th;

(d) October, November, December assessments report must be postmarked on or before January 30th.

(2) If the first purchaser lives or has his or her principal office in another state, the producer shall make the reports and pay the assessments to the Commission as required under this section unless the first purchaser agrees in writing with the producer to voluntarily make such reports and pay such assessments.

(3) At the time that reports are due the Commission from the first purchaser as required in section (1) of this rule, the first purchaser shall attach and forward payment to the Commission for the assessment due as set forth in each such report. Reports shall be on forms provided by the Commission.

(4) Any producer who performs the handling or processing functions on all or part of his or her production of the commodity, which normally would be performed by another person as the first purchaser thereof, shall report sales of such commodity of this or her own production unless the first purchaser from such producer voluntarily makes proper deduction and remits the proceeds to the Commission.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Hist.: SC 2, f. 12-20-77, ef. 1-1-78; SHEEP 1-2003, f. & cert. ef. 1-6-03; SHEEP 1-2004, f. & cert. ef. 1-8-04

644-010-0020

Penalties

A first purchaser or handler who delays transmittal of funds to the Commission beyond the time specified in OAR 644-010-0015 shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment. By majority vote, the Commission may waive penalties for good cause.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Hist.: SC 2, f. 12-20-77, ef. 1-1-78; SHEEP 1-2004, f. & cert. ef. 1-8-04

644-010-0025

Effective Dates of Assessment

The assessment to be withheld and paid by a first purchaser or handler, as required by OAR 644-010-0010(1), or the reports required under OAR 644-010-0015, applies to and covers any purchases by him or delivery on or after January 1, 1978, of wool produced in Oregon.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Hist.: SC 2, f. 12-20-77, ef. 1-1-78; SHEEP 1-2004, f. & cert. ef. 1-8-04

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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