justicedao/ipfs_state_laws huggingface dataset:
603-076-0016 Purpose and Scope of Active State Supervision of Grass Seed Price Negotiations (1) It is the intent of the grass seed price negotiations to displace competition in the annual ryegrass seed, perennial ryegrass seed, and tall fescue seed industries to a limited degree as allowed by these rules. Active supervision is provided for the limited purpose of allowing the parties to bargain collectively and to arrive at a proposed price for the sale of production contracted seed by the growers to the dealers. A proposed price is not effective unless and until it is approved by the Director in a price order, at which point it becomes the established price. (2) As part of active supervision, the department shall: (a) Organize and attend all meetings of the Bargaining Council and the Planning Committee; (b) Create and maintain minutes of all meetings of the Bargaining Council and the Planning Committee. Bargaining Council and Planning Committee meetings are not subject to the Oregon Public Meetings Law; however, the minutes of these meetings are public records; (c) Assist in disseminating credible information to the Bargaining Council by collecting data from parties and other relevant sources, including, but not limited to: acres under contract, inventory, yields, import/export information, and market issues; (d) Monitor and facilitate the negotiations regarding the process to create an established price; and (e) Compel the parties to take whatever action (including, but not limited to, exclusion from ongoing or future negotiations) the Director considers necessary to: (A) Ensure that the parties are engaging in conduct that is authorized under state and federal law; (B) Ensure that the policies of this state are being fulfilled under the regulatory program; and (C) Enjoin conduct by any of the parties that is not authorized by the Director or conduct that the Director finds does not advance the interests of this state in carrying out the regulatory program. (3) The department shall keep proprietary information confidential to the extent permitted by the Oregon Public Records Law or to the extent otherwise possible (as determined by the department) as the department carries out its legal obligations, including in litigation and in contested cases. Statutory/Other Authority: ORS 561.190 & 646.738 Statutes/Other Implemented: 62.0115, 646.535, 646.740, 646.515, 646.738 & 646.736 History: DOA 18-2023, amend filed 04/28/2023, effective 05/01/2023 DOA 13-2007, f. 7-2-07, cert. ef. 7-5-07 DOA 25-2001, f. & cert. ef. 11-6-01
603-076-0017 Standards for Annual Ryegrass, Perennial Ryegrass, and Tall Fescue Seed Eligible for Price Negotiations (1) The Bargaining Council may engage in price negotiations for the minimum price for production contracted seed of annual ryegrass, perennial ryegrass, and tall fescue seed kinds. The Bargaining Council may negotiate this price for certified seed production, non-certified seed production, or both. (2) An established price for non-certified production of annual ryegrass, perennial ryegrass, or tall fescue seed kinds shall apply to seed lots that otherwise meet the standards for certified seed production for purity and germination. An established price for non-certified production of annual ryegrass and perennial ryegrass seed lots shall apply to seed lots that otherwise meet the standards for certified seed production standards for ploidy. Statutory/Other Authority: ORS 561.190 & 646.738 Statutes/Other Implemented: 646.738, 62.015, 645.515, 646.736 & 646.740 History: DOA 18-2023, adopt filed 04/28/2023, effective 05/01/2023
603-076-0018 Price Negotiation Planning Committee Membership and Responsibilities (1) The department shall appoint a Planning Committee that includes at least three persons representing cooperative bargaining associations, at least three persons representing grass seed dealers, and at least one department representative. (2) Terms of membership: (a) Membership will be voluntary. (b) Membership terms shall be from January 1 to December 31. (c) There is no limit to the number of terms a person may serve. (d) All members of the Planning Committee must participate in price negotiations in good faith, and as required by the Director. (3) The department shall organize Planning Committee meetings as part of its supervisory role. (4) Planning Committee meetings may be held in person or via teleconference, as needed. (5) Responsibilities of the Planning Committee may include, but are not limited to: (a) Recommending meeting dates for the price negotiations; and (b) Organizing and participating in data meeting(s) as specified in OAR 603-076-0020(6). Statutory/Other Authority: ORS 561.190 & ORS 646.738 Statutes/Other Implemented: ORS 646.738, 62.0115, 646.515, 646.535, 646.736 & 646.740 History: DOA 18-2023, adopt filed 04/28/2023, effective 05/01/2023
603-076-0022 Fees for Grass Seed Price Negotiations The department is authorized under ORS 646.738 to collect fees from the parties to cover the costs associated with supervising and administering the regulatory program. The Department shall provide the parties with an itemized list of costs associated with the regulatory program, and fees shall be as follows: (1) The dealers on the Bargaining Council shall reimburse the department for half of its costs for Oregon Department of Justice legal counsel directly related to supervising the price negotiations. The cooperative bargaining association(s) shall reimburse the department for the other half of such costs. (2) Costs for the department's active supervision shall include $100 per hour per staff member for time devoted to administration and supervision of the regulatory program, plus associated travel costs (mileage at state rates, and travel time) and expenses (copies, etc.). At the outset of price negotiations, each participating seed dealer, and each participating collective bargaining association, shall pay a fee of $100 toward the cost of active supervision of the negotiations. A seed dealer shall only pay one, $100 fee, even if the seed dealer sends multiple representatives to the Bargaining Council. Costs that exceed the total collected from the parties for this $100 flat fee, except for those costs described in section (1) of this rule, shall be evenly divided between all parties for payment to the department. Statutory/Other Authority: ORS 561.190 & 646.738 Statutes/Other Implemented: 646.738, 62.0115, 646.515, 646.535, 646.736 & 646.740 History: DOA 18-2023, adopt filed 04/28/2023, effective 05/01/2023
603-076-0051 Definitions As used in these regulations, unless the context requires otherwise: (1) “Dealer” has the same meaning provided under ORS 646.515(3), and who has bought product in the prior year respective to the specific seafood species under price negotiations. (2) “Parties” or “party” to the supervised negotiations means an Oregon seafood harvester association or cooperative that represents Oregon seafood harvesters as defined in ORS 646.515, and dealers who purchase Oregon seafood who voluntarily participate in the regulatory program to negotiate a season starting price. (3) “Mediate” or “mediation” has the same meaning as ORS 36.110(6). (4) “Price negotiation,” “negotiate,” or “bargain” means to discuss the terms of a season starting price and the associated time for which the price is in effect, and related issues, with the objective of coming to terms on issues. (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 seafood harvester associations or cooperative representatives for the purpose of arriving at a negotiated season starting price and related terms for the sale of Oregon seafood from harvesters to dealers. (8) “Negotiated price” means the proposed season starting price and related time period and other terms agreed upon by representatives of seafood harvesters and seafood dealers who participate in the price negotiations supervised by the Oregon Department of Agriculture. (9) “Established price” means the price set and approved by the Director as the season starting price for which the specific seafood identified in the negotiations shall be sold to dealers who have participated in the negotiations, and harvesters who will deliver the specific seafood, effective over the time period negotiated by the parties and approved by the department. (10) “State action immunity” means immunity from 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 seafood industry is displaced by regulations and active state supervision in accordance with ORS 62.015, 62.845, 646.515, 646.535, and 646.740. (11) “Regulatory program” means the state regulatory program described in ORS 62.015, 62.845, 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 negotiate a proposed season opening price and associated terms of seafood commodities harvested and sold to dealers who participate in the negotiations. Statutory/Other Authority: ORS 576.620 - 576.650, Ch. 487 OL 2003 & SB 673 Statutes/Other Implemented: ORS 62.845, 646.515, 646.535 & 646.740 History: DOA 13-2004, f. & cert. ef. 5-5-04
603-077-0101 Introduction (1) This Division applies to the open field burning, propane flaming, and stack burning of all perennial and annual grass seed and cereal grain crops, and associated residue within Multnomah, Washington, Clackamas, Marion, Polk, Yamhill, Linn, Benton and Lane Counties, herein referred to as the Willamette Valley. It also includes rules pertaining only to fees for open field burning of perennial and annual grass seed crops in the counties outside the Willamette Valley. The open burning of all other agricultural waste material is governed by OAR chapter 340, division 264, Rules for Open Burning. (2) Organization of rules: (a) OAR 603-077-0103 is the policy statement of the Oregon Department of Agriculture setting forth the goals of this Division; (b) OAR 603-077-0105 contains definitions of terms which have specialized meanings within the context of this Division; (c) OAR 603-077-0110 lists general provisions and requirements pertaining to all open field burning, propane flaming, and stack burning with particular emphasis on the duties and responsibilities of the grower registrant; (d) OAR 603-077-0112 lists procedures and requirements for registration of acreage, issuance of permits, collection of fees, and keeping of records, with particular emphasis on the duties and responsibilities of the local permit issuing agencies; (e) OAR 603-077-0113 establishes acreage limits and methods of determining acreage allocations; (f) OAR 603-077-0115 establishes criteria for authorization of open field burning, propane flaming, and stack burning pursuant to the administration of a daily smoke management control program; (g) OAR 603-077-0119 establishes special provisions pertaining to areas where field burning is either prohibited or restricted. (h) OAR 603-077-0131 establishes special provisions pertaining to field burning by public agencies for official purposes, such as "training fires"; (i) OAR 603-077-0133 establishes special provisions pertaining to "preparatory burning"; (j) OAR 603-077-0135 establishes special provisions pertaining to open field burning for experimental purposes; (k) OAR 603-077-0137 establishes special provisions pertaining to burning fees outside the Willamette Valley; (l) OAR 603-077-0139 establishes special provisions pertaining to emergency open burning; (m) OAR 603-077-0140 establishes special provisions and procedures pertaining to emergency cessation of burning; (n) OAR 603-077-0145 establishes provisions pertaining to propane flaming; (o) OAR 603-077-0155 establishes provisions pertaining to "stack burning." (p) OAR 603-077-0165 thru 603-077-0195 establish provisions pertaining to enforcement procedures and civil penalties. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 468A.585 History: DOA 12-2010, f. & cert. ef. 7-12-10 Reverted to DOA 22-2004, f. & cert. ef. 8-10-04 DOA 10-2009(Temp), f. & cert. ef. 7-15-09 thru 12-1-09 DOA 22-2004, f. & cert. ef. 8-10-04 DOA 18-2003, f. & cert. ef. 5-15-03 DOA 2-1998, f. & cert. ef. 3-3-98
603-077-0103 Policy In the interest of public health and welfare, it is the declared public policy of the State of Oregon to reduce the practice of open field burning while developing and providing alternative methods of field sanitation and alternative methods of utilizing and marketing grass seed and cereal grain straw residues and to control, reduce, and prevent air pollution from open field burning, propane flaming, and stack burning by smoke management. In developing and carrying out a smoke management control program it is the policy of the Department: (1) To allow for field burning based on the limits specified in state law while protecting health and welfare, recognizing: (a) The importance of flexibility and judgment in the daily decision-making process, within established and necessary limits; (b) The need for operational efficiency within and between each organizational level; (c) The need for effective compliance with all regulations and restrictions. (2) To study, develop and encourage the use of reasonable and economically feasible alternatives to the practice of open field burning. (3) To increase the degree of public safety by preventing unwanted wild fires and smoke from open field burning, propane flaming, and stack burning near highways and freeways within the State of Oregon. The Department hereby adopts by reference, as rules of the Department OAR 837-110-0005 through 837-110-0155, the rules of the State Fire Marshal filed with the Secretary of State on November 13, 2009. These rules shall apply to that area west of the Cascade Range and south to the Douglas/Lane County lines. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 468A.585 History: DOA 12-2010, f. & cert. ef. 7-12-10 DOA 22-2004, f. & cert. ef. 8-10-04 DOA 2-1998, f. & cert. ef. 3-3-98
603-077-0131 Burning by Public Agencies (Training Fires) In order to promote public safety through the training of firefighting personnel, open field burning on grass seed or cereal grain acreage by a fire department or rural fire protection district is subject to the following conditions: (1) Such burning shall be deemed necessary by the official local fire authority having jurisdiction, and shall be conducted in a manner consistent with the primary purpose of providing training to fire fighting personnel in accordance with ORS 468A.020(e) (2) Such burning shall be limited to the minimum number of acres and occasions reasonably needed to ensure adequate fire fighting personnel training. (3) Consultation with the Department by the fire department or rural fire protection district is required in order to identify the appropriate atmospheric dispersion and burning conditions for optimum smoke dispersal to protect the public from smoke impacts. (4) No training fires shall be allowed on any acreage that is in a critical non-burn area, State Fire Marshal safety buffer zone, Priority Area, or on a Problem Field, and shall comply with the requirements in subsection (3) of these rules. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 468A.585 History: DOA 12-2010, f. & cert. ef. 7-12-10 DOA 22-2004, f. & cert. ef. 8-10-04 DOA 18-2003, f. & cert. ef. 5-15-03 DOA 2-1998, f. & cert. ef. 3-3-98
603-077-0133 Prepatory Burning The Department encourages the preparatory burning of portions of selected fields to reduce or eliminate potential fire hazards and safety problems and to expedite the subsequent burning of the field. Such burning shall be consistent with smoke management considerations and subject to the following conditions: (1) Each responsible person shall limit the acres burned to the minimum necessary to eliminate potential fire hazards or safety problems but in no case exceed five acres for each burn unless specifically authorized by the Department. (2) Each responsible person conducting preparatory burning shall employ backfiring burning techniques. (3) Each responsible person conducting preparatory burning shall comply with the provisions of OAR 603-077-0110 through 603-077-0113 and 837-110-010 through 837-110-090. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 468A.585 History: DOA 12-2010, f. & cert. ef. 7-12-10 DOA 22-2004, f. & cert. ef. 8-10-04 DOA 18-2003, f. & cert. ef. 5-15-03 DOA 2-1998, f. & cert. ef. 3-3-98
603-077-0135 Experimental Burning The Department in conjunction with the Department of Environmental Quality may allow open field burning for demonstration or experimental purposes pursuant to the provisions of ORS 468A.620, consistent with smoke management considerations and subject to the following conditions: (1) Acreage experimentally open field burned, propane flamed, or stack burned shall not exceed 1,000 acres annually. (2) Acreage experimentally burned shall not apply to the district allocation or to the maximum annual acreage limit specified in OAR 603-077-0113(1)(a), (c), or (d). (3) Such burning is exempt from the provisions of OAR 603-077-0115 but must comply with the provisions of 603-077-0110 and 603-077-0112, except that the Department may elect to waive all or part of the per acre open field burning or propane flaming fee. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 468A.585 History: DOA 12-2010, f. & cert. ef. 7-12-10 DOA 2-1998, f. & cert. ef. 3-3-98
603-077-0137 Burning Fees Outside Willamette Valley In accordance with ORS 468A.615(1)(b) each person open field burning perennial or annual grass seed crops in counties outside the Willamette Valley, shall pay the Department $8.00 for each acre burned. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 468A.585 History: DOA 12-2010, f. & cert. ef. 7-12-10 Reverted to DOA 22-2004, f. & cert. ef. 8-10-04 DOA 10-2009(Temp), f. & cert. ef. 7-15-09 thru 12-1-09 DOA 22-2004, f. & cert. ef. 8-10-04 DOA 18-2003, f. & cert. ef. 5-15-03 DOA 2-1998, f. & cert. ef. 3-3-98
603-077-0139 Emergency Open Burning The OARs regarding Emergency Opening Burning are defined by the Oregon Department of Environmental Quality in OAR 340-266-0065. If approved, the open field burning of the emergency burn will be conducted by the Department in accordance with these rules. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 468A.585 History: DOA 12-2010, f. & cert. ef. 7-12-10
603-077-0140 Emergency Burning Cessation Pursuant to ORS 468A.610 and upon finding of danger to public health or safety, the Commission or the Department of Environmental Quality may order temporary emergency cessation of all open field burning in any area of the Willamette Valley. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 468A.585 History: DOA 12-2010, f. & cert. ef. 7-12-10 Reverted to DOA 2-1998, f. & cert. ef. 3-3-98 DOA 10-2009(Temp), f. & cert. ef. 7-15-09 thru 12-1-09 DOA 2-1998, f. & cert. ef. 3-3-98
603-077-0145 Propane Flaming (1) The use of propane flamers, mobile field sanitizing devices, and other field sanitation methods specifically approved by the Department are subject to the following conditions: (a) The field shall first be prepared as follows: (A) Either the field must have previously been open burned and the appropriate fees paid; or (B) The field stubble must be flail-chopped, mowed, or otherwise cut close to the ground and the loose straw removed so the remaining stubble will not sustain an open fire. (b) Propane flaming operations shall comply with the following criteria: (A) Unless otherwise specifically restricted by the Department propane flaming may be conducted only between the hours of 9 a.m. and sunset between June 1 and August 31 of each year and 9 a.m. to 1/2 hour before sunset between September 1 and October 14 of each year; (B) Propane flamers shall be operated in overlapping strips, crosswise to the prevailing wind, beginning along the downwind edge of the field; (C) No person shall cause or allow propane flaming which results in sustained open fire. Should sustained open fire create excessive smoke all flame and smoke sources shall be immediately and actively extinguished; (D) No person shall cause or allow any propane flaming which results in visibility impairment on any Interstate highways or roadways specified in OAR 837-110-0080(1) and (2). Should visibility impairment occur, all flame and smoke sources shall be immediately and actively extinguished; (E) The acreage must be registered and permits obtained pursuant to OAR 603-077-0112; (F) No person shall cause or allow propane flaming when either the relative humidity at the nearest reliable measuring station exceeds 65 percent or the surface winds exceed 15 miles per hour; (G) All regrowth over eight inches in height shall be mowed or cut close to the ground and removed. (c) All propane flaming operations shall be conducted in accordance with the State Fire Marshal's safety requirements specified in OAR 837-110-0100 through 837-110-0155; (d) No person shall cause or allow to be initiated or maintained any propane flaming or other mobile fire sanitation methods not certified by the Department on any day or at any time if the Department has determined and notified the State Fire Marshal that propane flaming is prohibited because of adverse meteorological or air quality conditions. (2) The Department may issue restrictive limitations on the amount, density or frequency of propane flaming or other mobile fire sanitation methods in any area when meteorological conditions are unsuitable for adequate smoke dispersion, or deterioration of ambient air quality occurs. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 468A.585 History: DOA 12-2010, f. & cert. ef. 7-12-10 DOA 2-1998, f. & cert. ef. 3-3-98
603-077-0155 Stack Burning The open burning of piled or stacked residue from perennial or annual grass seed or cereal grain crops used for seed production is allowed subject to the following conditions: (1) No person shall cause or allow to be initiated or maintained any stack burning on any day or at any time if the Department has notified Oregon Emergency Management that such burning is prohibited because of meteorological or air quality conditions. (2) No person shall cause or allow stack burning of any grass seed or cereal grain residue unless said residue is dry and free of all other combustible and non-combustible material. (3) Each responsible person shall make every reasonable effort to promote efficient burning, minimize smoke emissions, and extinguish any stack burning which is in violation of any rule of the Commission. (4) No stack burning shall be conducted within any State Fire Marshal buffer zone "non-combustible ground surface" area (e.g., within 1/4 mile of Interstate I-5, or 1/8 mile of any designated roadway), as specified in OAR 837-110-0080. (5) The acreage must be registered and permitted pursuant to OAR 603-077-0112. (6) Unless otherwise specifically agreed by the parties, after the straw is removed from the fields of the grower, the responsibility for the further disposition of the straw, including burning or disposal, and payment of the appropriate fees, shall be upon the person who bales, removes, controls, or is in possession of the straw. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 468A.585 History: DOA 12-2010, f. & cert. ef. 7-12-10 DOA 22-2004, f. & cert. ef. 8-10-04 DOA 17-2003, f. & cert. ef. 5-15-03 DOA 2-1998, f. & cert. ef. 3-3-98