justicedao/ipfs_state_laws huggingface dataset:
617-010-0025 Definitions As used in this order and OAR 617-010-0025 to 617-010-0066: (1) "Commission" means the Oregon Dairy Products Commission. (2) "Federal Order" as used in these regulations means all the terms and conditions of the Federal Milk Marketing Agreement as published in the Federal Register. (3) "First Purchaser" means any person at any location who buys milk from the producer in the first instance, or handler who received such milk in the first instance from the producer for resale or processing. A producer-distributor as defined in section (8) of this rule may be considered the first purchaser if milk is purchased from another producer. (4) "Gross Dollar Receipts" means the gross amount that is owed to a producer by the first purchaser for milk he has sold, before deductions of any type or kind are made against or subtracted from the gross amount. (5) "Handler" means any producer, processor, distributor or other person engaged in the handling or marketing of or dealing in milk or other dairy products, whether as an owner, agent, employee, broker, or otherwise. (6) "Person" includes (by law) individuals, corporations, associations, firms, partnerships and joint companies. (7) "Producer" means a person producing within this state, milk for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, or otherwise. (8) "Producer-Distributor" means any person or producers defined under ORS 621.055(7), or 583.007(12), or defined under section 1124.12 of the Federal Order, whichever shall apply. Statutory/Other Authority: ORS 576 History: ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01 DP 13, f. 2-19-70, ef. 2-20-70 DP 10, f. 5-20-68, ef. 6-1-68 DP 9, f. & ef. 7-8-65 DP 4, f. 8-25-60
617-010-0035 Reports to Be Filed and Assessments to Be Paid to the Commission by “First Purchasers” of Milk and Cream (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 of milk in the previous month. Assessment reports are due in the commission office by 5:00pm on the last day of each month. Example: Assessment reports for December 1–December 31 would be due in the commission office by 5:00 p.m. on January 31st. (2) Deductions made on the producers statements for assessments shall be clearly identified "Oregon Dairy Products Commission Assessment" or the abbreviation "O.D.P.C assessment." Statutory/Other Authority: ORS 576 History: ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01 DP 13, f. 2-19-70, ef. 2-20-70 DP 9, f. 7-8-65 DP 4, f. 8-25-60
617-010-0045 Assessment Rate Established Any person who is a First Purchaser or Producer-Distributor as defined in ORS 576 and this rule shall deduct and withhold an assessment at the rate of 10¢ per hundred weight (cwt) for all milk production in Oregon, as of January 1, 2019. Statutory/Other Authority: ORS 576.304(2), ORS 576.325(2) & ORS 576.304(14) Statutes/Other Implemented: ORS 576.304 & ORS 576.325 History: ODDC 1-2018, amend filed 12/14/2018, effective 01/01/2019 ODDC 1-2008, f. 6-6-08 cert. ef. 7-1-08 ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01 DP 1-1997, f. & cert. ef. 9-2-97 DP 1-1990, f. 4-20-90, cert. ef. 5-1-90 DP 3-1984, f. 5-21-84, ef. 6-1-84 DP 1-1979, f. 6-29-79, ef. 7-1-79 DP 15, f. 7-29-71, ef. 7-1-71 DP 10, f. 5-20-68, ef. 6-1-68 DP 9, f. & ef. 7-8-65 DP 6, f. 6-28-63, ef. 7-1-63 DP 4, f. 8-25-60
617-010-0056 Exemptions from Reporting and Assessment (1) "Casual Sales" or on-farm sales of milk by a producer as provided for in Title 49 section 621.012 shall be exempt from Commission reporting and assessment requirements. (2) "Casual Sales" or on-farm sales of milk by producer not meeting the criteria of Title 49 section 621.012 are not exempt from Commission reporting and assessment requirements. Statutory/Other Authority: ORS 576 History: ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01 DP 17, f. 7-29-71, ef. 7-1-71 DP 9, f. & ef. 7-8-65 DP 7, f. 8-14-63, ef. 10-1-63
617-010-0066 Reports to be Filed and Assessments to be Paid to the Commission by "Producer-Distributor" of Milk (1) Producer-distributors must submit completed and signed assessment reports on commission-approved forms. Assessment reports shall include all milk production. Quarterly assessments are due in the commission office by 5:00 p.m. on the reporting month specified below. Quarterly assessments shall be reported as follows: (a) January, February, March assessments are due by 5:00 pm on April 30th; (b) April, May, June assessments are due by 5:00 pm on July 31st; (c) July, August, September assessments are due by 5:00 pm on October 31st. (d) October, November, December are due by 5:00 pm on January 31st. (2) At the time that reports are due the Commission from the producer-distributor as required in section (1) of this rule, the producer-distributor shall attach and forward payment to the Commission for the assessment due as set forth in each report. The forms shall be signed by the producer-distributor and filled in with the required data as shown on such forms, including, but not limited to, the month in which milk was produced, the gross hundredweight, and the total assessment deducted and withheld. (a) A record of the pounds of milk purchased from other handlers during the month; (b) A record of milk sold to other handlers or creameries. (3) All records required by ORS Chapter 576 and regulations promulgated thereunder shall be retained and preserved by the producer-distributor for three years. If the Commission gives the producer-distributor written notice within such three year period, such records or any part thereof specified by the Commission shall be retained and preserved for such additional time as the Commission gives written notice of release thereof. Statutory/Other Authority: ORS 576 History: ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01 DP 3-1984, f. 5-21-84, ef. 6-1-84 DP 1-1982, f. & ef. 10-1-82 DP 16, f. 9-9-71, ef. 7-1-71 DP 13, f. 2-19-70, ef. 2-20-70 DP 11, f. 2-5-69, ef. 3-1-69 DP 10, f. 5-20-68, ef. 6-1-68 DP 9, f. & ef. 7-8-65 DP 7, f. 8-14-63, ef. 10-1-63
617-010-0085 Reports to be Filed and Assessments to be Paid to the Commission by First Processors of Milk (1) For the purposes of this rule: (a) "Dairy Products" shall have the meaning set forth in ORS 621.152(3); (b) "First Processor" means a person who, in the first instance, engages in the processing or manufacturing of dairy products in this state; (c) "Processing" or "Manufacturing" means the heating, drying, mixing, churning, separating, extracting, freezing, combining or otherwise creating dairy products. (2) First processors must submit completed and signed assessment reports on commission-approved forms. Assessment reports shall include all dairy products processed or manufactured in Oregon in the previous month. Assessment reports are due in the commission office by 5:00 pm on the last day of each month. (3) At the time that reports are due the Commission from the first processor as required in section (1) of this rule, the first processor shall attach and forward payment to the Commission for the assessment due as set forth in each report. The forms shall be signed by the first processor and filled in with the required data as shown on such forms, including, but not limited to, the month in which the milk was processed, the gross hundredweight, and the total assessment deducted and withheld. (4) The assessment to be withheld and paid by first processors is one-fourth of a cent per pound of butterfat. Statutory/Other Authority: ORS 576 History: ODDC 2-2010, f. & cert. ef. 6-21-10 ODDC 1-2001, f. 8-27-01, cert. ef. 9-1-01 DP 2-1984, f. 2-14-84, ef. 3-1-84
617-010-0090 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 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. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: ODDC 1-2004, f. 1-2-04 cert. ef. 1-16-04
617-020-0010 Fiscal Year Defined For the purpose of this rule, the Oregon Dairy Products Commission fiscal year means the 12-month period commencing on January 1 and ending on December 31. The Commission will file required annual reports based on the fiscal year needs as defined by the State of Oregon. Statutory/Other Authority: ORS 576.304: Chapter 12, 2013 Laws (SB 348), effective March 21 & 2013 Statutes/Other Implemented: ORS 576.416 to 576.445 History: ODDC 1-2013, f. & cert. ef. 10-11-13
617-030-0010 Number of Commissioners, Terms The Oregon Dairy Products Commission will consist of eight (8) commissioners appointed by the Director of the Oregon Department of Agriculture for a term of three (3) years. No commissioner will serve for more than four (4) full consecutive terms of office. A person who serves four (4) consecutive terms is not eligible for appointment to another term on the board until at least one year after the expiration of the fourth consecutive term. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: ODDC 1-2011, f. & cert. ef. 4-5-11 ODDC 1-2004, f. 1-2-04 cert. ef. 1-16-04
617-030-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) A "producer" is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment on the commodity in each of the preceding three calendar years. (b) A "handler" is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years. (2) Members of the Oregon Dairy Products Commission will have the following qualifications, which will continue during the term of office of the member: (a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of dairy products; (b) A majority of the members will be producers; (c) One member will be a handler; (d) All members who are not a handler or the public member will be producers. (3) In addition to the qualifications set forth in subsection (2) of this rule, the districts and the number of producer members will be: (a) Tillamook / North Coast: Clatsop, Tillamook, and Lincoln counties - two (2) producer members. (b) Willamette / Southern Oregon: Clackamas, Columbia, Multnomah, Washington, Lane, Linn, Benton, Marion, Polk, Yamhill, Douglas, Josephine, Jackson, Klamath, Coos, and Curry counties — two (2) producer members. (c) Central and Eastern Oregon: Malheur, Baker, Wallowa, Union, Grant, Umatilla, Harney, Deschutes, Crook, Jefferson, Hood River, Wasco, Morrow, Sherman, Gilliam, Wheeler and Lake counties — two (2) producer members. (4) One (1) handler member will be appointed from any district. (5) Notwithstanding subsection (3) of this section, if a position remains vacant for more than 90 days following reasonable efforts to recruit a member from a particular district, a person may be appointed at large and may reside anywhere within the State of Oregon. Once that person’s term expires and he or she is not reappointed, the position will again be subject to the geographic qualification requirements of subsection (3) of this section. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS576.206 & ORS 576.225 History: ODDC 1-2019, amend filed 06/06/2019, effective 06/15/2019 ODDC 1-2004, f. 1-2-04 cert. ef. 1-16-04
617-030-0030 Removal of Commissioners The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause, including the following reasons: (1) 2 unexcused absences, or other neglect of duty in office; (2) Use of the commission appointment for financial gain or to avoid financial detriment; (3) Unauthorized use or disclosure of confidential information; (4) Conduct in violation of Oregon government standards and practices laws; (5) Misappropriation or misuse of commission funds; (6) Failure to satisfy one or more qualifications for appointment. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: ODDC 1-2004, f. 1-2-04 cert. ef. 1-16-04
617-030-0040 Chair and Other Officers Annually, at the first regular meeting of the Commission at the beginning of the new fiscal year, the Commission will elect from its members a Chair, Vice Chair, and a Secretary/Treasurer who will serve until their successors are elected and qualified. The Chair, Vice Chair, or Secretary/Treasurer may resign as such or may be removed from that position by vote of five Commissioners. If the Chair or Vice Chair ceases to be a Commissioner, the office will be vacant and a successor will be selected at the next regular meeting of the Commission. The Chair will preside over all meetings of the Commission. The Vice Chair will act in lieu of the Chair when the Chair is unable to perform the duties of the office of Chair or while the office is vacant. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: ODDC 1-2004, f. 1-2-04 cert. ef. 1-16-04
617-040-0090 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Applicability These division 40 rules apply to any activities by members of the Oregon Dairy Products Commission occurring on or after March 23, 2022. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: ODDC 1-2022, adopt filed 05/27/2022, effective 05/27/2022
617-040-0101 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Definitions (1) “Actual and necessary” means that a travel or other expense: (a) Is an actual expense incurred by a member in carrying out official duties; and (b) The expense is necessary to enable the member to carry out official duties. (2) “Member” means any individual appointed by the Director of Agriculture to serve on the Oregon Dairy Products Commission. (3) “Non-qualified member” means a member other than a qualified member. (4) “Other expenses” includes, but is not limited to, expenses incurred by a member of the Oregon Dairy Products Commission in employing a substitute to perform duties, including personal, normally performed by the member which the member is unable to perform because of the performance of official duties and which by the nature of such duties cannot be delayed without risk to health or safety. No member shall be reimbursed for expenses incurred in employing a substitute in excess of $25 per day. (5) “Official duties” includes: (a) Attendance at an Oregon Dairy Products Commission meeting or subcommittee meeting; (b) Substantial preparation for an Oregon Dairy Products Commission meeting or subcommittee meeting; (c) Attendance at a conference or other activity as a representative of the Oregon Dairy Products Commission, either at the request of the chair of the Oregon Dairy Products Commission or as authorized in advance by a vote of the Oregon Dairy Products Commission; and (d) Legislative testimony. (6) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or (b) Of less than $100,000, as reported on a joint income tax return. (7) “Travel and other expenses” includes meals, overnight lodging, transportation, postage, and the cost of attending, as a representative of the Oregon Dairy Products Commission, an event associated with marketing, promoting, researching, or representing the commodity, such as a trade show, stock show, county fair, state fair, conference, or training. “Travel and other expenses” does not include: (a) Attendance at a sporting event, concert, theatrical or dance performance, or movie, including such events that occur at a trade show, festival, stock show, county fair, state fair, conference, or training; (b) In-room movie rental; (c) Telephone charges that are not associated with Oregon Dairy Products Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Dairy Products Commission member, employee, or contractor; or (f) Alcoholic beverages. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: ODDC 1-2022, adopt filed 05/27/2022, effective 05/27/2022
617-040-0111 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Qualified Members (1) In accordance with the procedures set forth in OAR 617-040-0130 and OAR 617-040-0140, the Oregon Dairy Products Commission shall provide to a qualified member of the Oregon Dairy Products Commission: (a) Per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the qualified member is actually engaged in the performance of official duties; and (b) Reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (2) A qualified member of the Oregon Dairy Products Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Dairy Products Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: ODDC 1-2022, adopt filed 05/27/2022, effective 05/27/2022
617-040-0121 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Non-Qualified Members (1) In accordance with the procedures set forth in OAR 617-04-0130, and only if there are funds available in the budget for such compensation, the Oregon Dairy Products Commission shall provide to a non-qualified member of the Oregon Dairy Products Commission who is not employed in full-time public service per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the non-qualified member is actually engaged in the performance of official duties. (2) In accordance with the procedures set forth in OAR 617-040-0140, the Oregon Dairy Products Commission shall provide to a non-qualified member of the Oregon Dairy Products Commission reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a non-qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (3) A non-qualified member of the Oregon Dairy Products Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Dairy Products Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: ODDC 1-2022, adopt filed 05/27/2022, effective 05/27/2022
617-040-0131 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Dairy Products Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The member must specify the amount of time the member spent performing official duties, as well as the nature of the official duties performed, for any day or portion thereof for which the member claims compensation. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: ODDC 1-2022, adopt filed 05/27/2022, effective 05/27/2022
617-040-0141 COMMISSIONER PER DIEM AND REIMBURSEMENTS - Procedures for Expense Reimbursement (1) A member must submit a written, itemized claim for reimbursement of actual and necessary travel or other expenses to the Oregon Dairy Products Commission no later than the 15th day of the calendar month following the month in which the member incurred the expense. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The claim for reimbursement must include the following information for each expense: (a) Date on which the member incurred the expense; (b) Nature of the expense; and (c) Amount of the expense. (2) An expense that exceeds $500 dollars must be authorized by the Oregon Dairy Products Commission before the member incurs the expense. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 576.265 & ORS 292.495 History: ODDC 1-2022, adopt filed 05/27/2022, effective 05/27/2022
617-050-0010 Purpose of Public Records Request Processing Rules (1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Dairy Products Commission records and to prevent interference with the regular discharge of the commission duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478. (2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311. (3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: ODDC 1-2023, adopt filed 09/13/2023, effective 09/13/2023
617-050-0020 Request to Inspect or Make Copies of Public Records (1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, and the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s). (2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at 10505 SW Barbur Blvd., Portland, OR 97219. If the written request is submitted in person to the commission at this address, the requester must deliver it during the commission’s business hours. Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183 Statutes/Other Implemented: ORS 192.324, ORS 192.329 History: ODDC 1-2023, adopt filed 09/13/2023, effective 09/13/2023