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

 

DIVISION 10

ASSESSMENTS

 

 

658-010-0015

Definitions

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

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

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

(4) "Producer" means a person or other legal entity engaged in the business of growing or producing potatoes in Oregon, for market, whether as a landowner, landlord, tenant, sharecropper or otherwise.

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

(6) "Potatoes" means potatoes that belong to the genus Solanum Tuberosum L. grown commercially in the State of Oregon. All potato cultivars sold commercially for whatever purpose are subject to these rules.

(7) "Reporting Year" means a calendar year beginning July 1 and ending June 30.

(8) "Assessment Period" means the current reporting year, plus the previous two reporting years.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.304 & 576.325
Hist.: OPC 2-2007, f. & cert. ef. 7-17-07

658-010-0020

Assessments

(1) Any first purchaser or handler will deduct and withhold an assessment of $.05 per hundredweight from the price paid to the producer at the time of sale for potatoes grown in Oregon and sold through commercial channels, whether the potatoes are stored in this state or in another state or country:

(a) In all cases where a first purchaser lives or has the office of the first purchaser in another state, it is the duty of the producer to report all sales made to such first purchaser on forms approved by, and pay the assessment moneys directly to the Oregon Potato Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to the commission;

(b) Where the first purchaser is a federal or governmental agency, the producer shall likewise report to, and pay the assessment moneys directly to the commission.

(2) Notwithstanding subsection (1), potatoes utilized entirely for chipping or processing will be assessed at 90% of the net payable weight.

(3) Notwithstanding subsection (1) of this rule, no assessment will be due, deducted or withheld for any producer growing less than 1,000 hundredweight of potatoes in Oregon during the proceeding 12 month period.

(4) Notwithstanding subsection (1) of this rule, no assessment will be deducted for any sale or sales of potatoes made by the producer direct to the consumer.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.325-576.351
Hist.: OPC 2-2007, f. & cert. ef. 7-17-07

658-010-0030

Reports and Payments of Assessment Moneys

(1) The first purchaser or handler shall make reports to the Oregon Potato Commission on forms approved by the commission. No purchaser shall fail to make any such report, or shall falsely make any such report.

(2) The first purchaser will complete and forward reports on forms approved by the Oregon Potato Commission to such commission and will forward such assessments to the Oregon Potato Commission, on or before the 20th of each month covering all potatoes purchased or sold during the prior month. The Oregon Potato Commission shall issue receipts and make suitable records thereof.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.325-576.351
Hist.: OPC 2-2007, f. & cert. ef. 7-17-07

658-010-0040

Penalties

(1) In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a commodity commission 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. A commission may waive the penalty and interest upon showing of good cause.

(2) If any person responsible for the transmittal of assessment moneys to a commodity commission fails to relinquish assessment moneys collected, the person shall pay a penalty equal to twice the amount of the unrelinquished assessment moneys.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.355 and ORS576.365
Hist.: OPC 2-2007, f. & cert. ef. 7-17-07

658-010-0050

Records of person required to pay assessment

(1) Pursuant to ORS 576.351, the first purchaser or handler shall keep accurate records sufficient to enable the Oregon Potato Commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports made or due to the commission.

(2) The commission or a person authorized by the commission may inspect and audit the records referred to in subsection (1) of this section for the purpose of determining the accuracy of assessments paid or due to the commission.

(3) Notwithstanding subsection (1) of this section, the commission or a person authorized by the commission may also inspect and audit the records of a producer who sells potatoes to a first purchaser if such inspection and audit are necessary for the purpose referred to in subsection (1) of this section. No person shall refuse to permit an inspection and audit under subsection (2) of this section during business hours.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.351
Hist.: OPC 2-2007, f. & cert. ef. 7-17-07

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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