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

 

DIVISION 10

ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES OF THE COMMISSION

668-010-0005

Definitions

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

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

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

(4) "Producer" means a person or other legal entity producing strawberries 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 strawberries, whether as owner, agent, employee, broker, or otherwise.

(6) "Strawberries" include all varieties and selections grown in Oregon described as Fragaria spp and includes, but is not limited to, such varieties as Northwest, Siletz, Shasta, Marshall, Hood, Molalla, Puget Beauty, and strawberry hybrids.

(7) "Casual Sale" means any casual sale or sales of strawberries made by the producer direct to the consumer where the total accumulated sales during a calendar year is not more than 1000 pounds.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.325
Hist.: SBY 1, f. 5-31-67; SBY 1-1986, f. & ef. 6-3-86; SBY 1-2001, f. & cert. ef. 2-20-01

668-010-0010

Assessments

(1) As authorized or required by ORS 576.325 and 576.335, any person who is a first purchaser (or otherwise is required to pay an assessment to the Oregon Strawberry Commission) for all purchases made on or after May 15, 2013, shall deduct and withhold an assessment of 1.25 percent of the gross value of the raw product before any deductions from the price paid to the producer thereof, after May 15, 2013 for all strawberries grown in Oregon. (See definition of "First Purchaser") Grower-purchasers will use an estimated average of the state price, which will be set by the Commission prior to September 1st each year.

(2) All casual sales of Strawberries shall be exempt from the assessment.

(3) An organic producer will be exempt from assessment if the producer presents the following information to the commission by September 15th of each year:

(a) Either:

(A) A current certificate from a certifying agent under the Organic Foods Production Act, 7 U.S.C. ¦ 6501-6522 and its implementing regulations; or

(B) A statement of exemption from certification under the Organic Foods Production Act, 7 U.S.C. ¦ 6501-6522 and its implementing regulations; and

(b) A production report signed by the producer containing the producer’s name, mailing address, species of berries, and pounds and price for each species.

Stat. Auth.: ORS 576.305
Stats. Implemented: ORS 576.325 & 576.335
Hist.: SBY 1, f. 5-31-67; SBY 4(Temp), f. & ef. 6-5-74 - 10-2-74; SBY 5, f. 12-24-74, ef. 1-25-75; SBY 1-1978, f. 5-18-78, ef. 6-1-78; SBY 1-1986, f. & ef. 6-3-86; SBY 2-1986, f. & ef. 8-12-86; SBY 1-1992, f. & cert. ef. 5-15-92; SBY 1-1997, f. & cert. ef. 5-15-97; SBY 1-2001, f. & cert. ef. 2-20-01; SBY 1-2004, f. & cert. ef. 1-15-04; SBY 1-2013. f. & cert. ef. 5-15-13

668-010-0015

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 strawberries during the four months immediately preceding each reporting date. Assessment reports must be postmarked by 15th of the reporting month specified below. Assessments shall be reported as follows:

(a) December, January, February, March reported by May 15th;

(b) April, May, June, July reported by September 15th;

(c) August, September, October, November reported by January 15th.

(2) When a first purchaser or handler has completed, signed, and forwarded a report covering his final purchases of strawberries for the crop season, he may mark such report in large letters "FINAL REPORT FOR THIS CROP SEASON". No further reports are necessary by such first purchaser, unless or until additional purchases are made.

(3) When a first purchaser lives or has his office in another state, or is a federal or governmental agency, the producer shall report to this Commission all sales made to such purchaser as required by section (1) of this rule, and shall pay the assessment directly to the Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to this Commission.

(4) 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 or forward payment to the Commission for the assessment due as set forth in each such report. The forms shall be signed by the first purchaser and completely filled out, and shall include, in addition to all other required information and figures, the date each transaction is made, the name and mailing address of each producer, the crop year, the tonnage, the price, and amount of assessment deducted and withheld.

(5) Any producer who performs the handling or processing functions on all or part of his production of the commodity, which normally would be performed by another person as the first purchaser thereof, shall report his sales of such commodity of his own production on forms provided by, and pay the assessment moneys directly to the Commission, unless the first purchaser from such producer voluntarily makes proper deduction and remits the proceeds to the Commission. (This is copied from the law. Examples would be the sale by a producer direct to a peddler, to a retail store, etc.)

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.325, 576.335 & 576.345
Hist.: SBY 1, f. 5-31-67; SBY 5, f. 12-24-74, ef. 1-25-75; SBY 1-2001, f. & cert. ef. 2-20-01; SBY 1-2012, f. & cert. ef. 4-12-12

668-010-0020

Penalties

Penalty for delaying transmittal of assessment moneys is provided in ORS 576.355, which states: "In addition to the penalties prescribed in ORS 576.991, any first purchaser or other person who delays transmittal of funds beyond the time set by the Commission shall pay ten percent of the amount due for the first month of delay and one and one-half percent of the amount due for each month of delay thereafter."

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.325 & ORS 576.355
Hist.: SBY 4, f. 5-31-67; SBY 5, f. 12-24-74, ef. 1-25-75; SBY 1-2005, f. & cert. ef. 1-13-05

668-010-0025

Effective Dates of Assessment

The assessment to be withheld and paid by a first purchaser or handler, as required by ORS Chapter 576 and OAR 668-010-0010(1), or the reports required under OAR 668-010-0015, applies to and covers any purchase by him or delivery on or after June 1, 1967, of strawberries grown in Oregon.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.325 & ORS 576.335
Hist.: SBY 4, f. 5-31-67

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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