603-076-0101 Definitions As used in these regulations, unless the context requires otherwise: (1) "Blackberry dealer" and "blackberry packer" means dealer as defined in ORS 646.515(3)(a), or a licensed food processor that is a cooperative. (2) "Grower Bargaining Association" refers to any growers association legally organized in accordance with Federal Capper-Volstead Laws (7 U.S.C. 291-292) and state law (ORS 646.515 to 646.545) for incorporation as a grower cooperative or bargaining unit for blackberries. (3) "Mediate" or "mediation" has the same meaning as ORS 36.110(5). (4) "Price negotiation," "negotiate," or "bargain" means to discuss the terms of a contract price and related issues, and attempt to come to agreement. (5) "Director" means the Director of Agriculture or a designee of the Director of Agriculture. (6) "Department" means the Oregon Department of Agriculture. (7) "Active supervision," "active state supervision," and "actively supervise" means the Department's regulatory oversight of the price discussions among dealers, and price negotiations between dealers and grower representatives of a grower bargaining association for the purpose of arriving at a negotiated price for the sale of blackberries under production contracts or other arrangements that meet standards established by the Blackberry Bargaining Council. (8) "Negotiated price" means the proposed price for blackberries agreed upon by representatives of a grower bargaining association and blackberry dealers. (9) "Established price" means the price set and approved by the Director as the price at which blackberries produced by grower members of the bargaining association shall be sold to dealers. (10) "State action immunity" means immunity liability under the federal antitrust laws and the Oregon Antitrust Act for conduct that is carried out pursuant to a regulatory program in which competition in certain areas of the blackberry industry in Oregon is displaced by regulations and active state supervision in accordance with ORS 62.845, 62.848, 646.535 and 646.740. (11) "Parties" or "party" means blackberry producers, blackberry grower associations, blackberry processing or marketing cooperatives, or blackberry dealers who are participants in the state regulatory program for establishing prices on blackberries produced in Oregon. (12) "Blackberry Bargaining Council" means the collective group of blackberry dealers and blackberry growers from the bargaining association, who voluntarily meet under the auspices of the department for the purposes of price negotiations. (13) "Regulatory program" means the state regulatory program described in ORS 62.015, 62.845, 62.848, 646.535 and 646.740 that is actively supervised by the Director of Agriculture, and that authorizes parties to engage in bargaining and negotiations to establish the price and terms of blackberry products produced under contract or other terms and sold to blackberry dealers. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: SB 409 (2009); ORS 62.015, 62.848, 646.535 & 646.740 Statutes/Other Implemented: ORS 62.015, 62.845, 62.848, 646.535 & 646.740 History: DOA 2-2010, f. 1-13-10, cert. ef. 1-15-10