reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 32 - WAREHOUSES AND GRAIN › Section 603-032-0160 - Trading, Check Payments, and Use of Scales

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Trading of depositor's grain is
			 prohibited unless it is carried out by written agreement or written
			 authorization of the depositor.
(2)
			 Cancelled checks which relate to payments made for grain by the warehouseman,
			 shall be available to the Department for auditing purposes.
(3) A warehouseman shall use a licensed
			 functional scale for the weighing of all grains delivered to the warehouse and
			 for the weighing of grains moved or used in feed mills, or for any other
			 movement in or out of grain storage bins or the warehouse.
Stat. Auth.: ORS
				  561.190 & ORS
				  586.225 - ORS
				  586.561
Stats. Implemented: ORS
				  586.225 - ORS
				  586.561
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 32 - WAREHOUSES AND GRAIN › Section 603-032-0165 - Written Evidence of Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The written evidence required to be a
			 part of the records of the owner or operator of a grain warehouse facility
			 pursuant to ORS 586.225, shall include at least
			 the following:
(a) The amount and kind of
			 grain subject to such written document;
(b) The time period of grain deliveries to be
			 subject to such written document, including the initiation date;
(c) The purpose of the grain deliveries (Sale
			 to warehouseman, processing, cleaning, etc.);
(d) The terms and basis of payment for said
			 sale, processing, or cleaning.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 32 - WAREHOUSES AND GRAIN › Section 603-032-0505 - Bond Requirements: Storage Capacity Rating

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The amount of the bond required under
			 subsection (1), Section 586.300, Oregon Revised Statutes, and OAR 603-032-0110,
			 shall be a sum equal to the total number of bushels of rated grain storage
			 capacity of the warehouse covered, multiplied by the number of cents herein
			 assigned rounded up to the nearest $1,000:
(a) $.15 per bushel of capacity if provided
			 to the Department an annual financial statement which shall have been audited
			 or reviewed by a certified or licensed public accountant;
(b) $.20 per bushel of capacity if no annual
			 financial statement or audit is submitted and approved.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 32 - WAREHOUSES AND GRAIN › Section 603-032-0510 - Posting of License Number

Current through Register Vol. 63, No. 7, July 1, 2024
Each warehouseman shall post the warehouse license number
				assigned to the facility by the Department, on all grain warehouses and
				elevators, just below the "Oregon Bonded Grain Warehouse" sign, in letters and
				numerals not less than eight (8) inches high and as follows: "LICENSE NO.
				_______" (Also see OAR 603-032-0110(6)).
Stat. Auth.: ORS
				  561.190 & ORS
				  586.225 - ORS
				  586.561
Stats. Implemented: ORS
				  586.225 - ORS
				  586.561
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 42 - PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS › Section 603-042-0010 - Monitoring of Fiscal Practices and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To facilitate the monitoring of the
			 fiscal practices and procedures of all commodity commissions by the Department
			 under ORS 576.066, in order to assure that
			 commodity commissions are complying with applicable laws and administrative
			 rules and are maintaining good business management practices, and pursuant to
			 ORS 576.395, all commodity
			 commissions shall comply with the requirements of this section.
(2) As soon as practicable after preparation,
			 copies of the following documents shall be submitted to the Commodity
			 Commission Oversight Program Office of the Department:
(a) Minutes of regular or special
			 meetings;
(b) Administrative rules,
			 including all related statements of the rules;
(c) Executed contracts, agreements, memoranda
			 of understanding or similar documents, and addenda thereto;
(d) Statements of internal operational
			 policies;
(e) Periodic reports or
			 summaries of the fiscal status of the commissions; and
(f) Fidelity bonds covering authorized agent
			 who receives or disburses funds, filed with the commissions under either ORS
			 576.385,
			 577.550, or
			 578.110.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 42 - PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS › Section 603-042-0015 - Department Oversight over Promotion and Research

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department has the duty to review,
			 and either approve or disapprove plans and projects recommended by a commodity
			 commission for commodity promotion and research under ORS
			 576.066,
			 577.125 and
			 578.025. The Department's review
			 will ensure that the plans or projects are:
(a) Factual;
(b) Not disparaging to other commodities;
			 and
(c) Consistent with the
			 purposes of ORS 576.051 to
			 576.584, 577, and
			 578.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 42 - PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS › Section 603-042-0025 - Commodity Commission Oversight Program Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 will establish an advisory committee for the Commodity Commission Oversight
			 Program (CCOP). The CCOP Advisory Committee will represent a balanced cross
			 section of commodity commissions. The Committee's primary role is to advise the
			 Department on matters relating to the administration of the Commodity
			 Commission Oversight Program and may make recommendations concerning the
			 services rendered by the Department under ORS
			 576.044.
(2) The CCOP Advisory Committee will consist
			 of seven members representing commodity commissions including commissioners and
			 administrators. Members shall be appointed by the Director. The term of each
			 member will be three years from the date of appointment, except initial terms
			 of one, two and three years will be used to stagger the terms of the Committee
			 members. Vacancies in office will be filled by appointment for the unexpired
			 term.
(3) The Director or an
			 official representative shall serve as ex-officio members without the right to
			 vote.
(4) The Committee will meet
			 at the call of the Director or an official representative at least once
			 annually. A majority of the members constitutes a quorum (4 members constitutes
			 a quorum), a majority vote of the quorum at any meeting shall constitute an
			 official action (a minimum of 4 members).
Stat. Auth.: ORS
				  561.190, ORS
				  576.044 & ORS
				  576.320(3)
Stats. Implemented: ORS
				  576
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 42 - PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS › Section 603-042-0030 - Public Information Purpose and Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Commission as used herein includes all
			 commodity commissions organized under ORS Chapters 576, 577, 578, and
			 579.
(2) In order to implement the
			 provisions of ORS 183.330(1)
			 requiring each agency to publish its methods for the public to obtain
			 information, and in order to implement the provisions of ORS
			 192.430 so as to provide
			 reasonable rules necessary for the protection of commodity commission records
			 and to prevent interference with the regular discharge of the commodity
			 commission duties, the Oregon Department of Agriculture adopts the procedures
			 set forth in OAR 603-042-0030 to 603-042-0050. Unless rules for a specific
			 commission provide otherwise, the procedures set forth in OAR 603-042-0030 to
			 603-042-0050, shall apply to requests for inspection or copying of public
			 records of a commission, and requests for a commission to prepare and supply
			 certified or other types of public records. Procedures for review of any denial
			 of public records inspections or public record copies shall be in accordance
			 with the provisions of ORS
			 192.450 to
			 192.490.
Stat. Auth.: ORS 183, ORS 192 & ORS 576
Stats. Implemented: ORS 183, ORS 192 & ORS
				  576
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 42 - PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS › Section 603-042-0035 - Procedures for Inspection or Copying of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requests for inspection or copying of
			 public records must be made either in person or in writing and directed to the
			 Administrator of the commission to which the request is directed. E-mails are
			 not an acceptable form of writing. All requests shall be made at or delivered
			 to the offices of the commission to which the request is directed. Commission
			 addresses are available from the Department of Agriculture, Agricultural
			 Development and Marketing Division located at 1207 NW Naito Parkway, Suite 104,
			 Portland, OR 97209-2832. Requests made in person shall be made between the
			 hours of 8:30 a.m. to 11:30 a.m. and 1:30 p.m. to 4:30 p.m. Monday through
			 Friday of each week except holidays and depending upon staff availability.
			 Requests made in writing shall be acknowledged by the commission to which they
			 are directed and the commission will specify the time and place the requested
			 records will be available for inspection or copying.
(2) Requests for inspection or copying of
			 public records that would result in any of the following shall only be accepted
			 if made in writing:
(a) If the Commission is
			 required to search for, collect, examine, or sort voluminous and separate
			 records or documents in order to comply with such request; or
(b) If the Commission is required to consult
			 with another public body or agency having any interest in the propriety of such
			 request.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 42 - PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS › Section 603-042-0040 - Procedures for Obtaining Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requests for certified or other types of
			 copies of public records shall only be made in writing and shall include a
			 reasonably specific description of the particular record copy requested, i.e.,
			 the type of document, the subject matter, the approximate document date, and
			 the name of the firm or person identified in the document (if
			 pertinent).
(2) Subject to the
			 provisions of OAR 603-042-0050, requested copies of public records shall be
			 submitted to the requestor within a reasonable time following receipt of the
			 request. If the request will require more than 30 days to respond to, the
			 commission will notify the requester of such fact within 31 days of receipt of
			 the request.
Stat. Auth.: ORS 183 & ORS 576
Stats. Implemented: ORS 192 & ORS
				  576
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 42 - PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS › Section 603-042-0045 - Fees for Public Record Request

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As provided by ORS
			 192.440(3), the
			 following fees are established for all public record requests:
(a) Record search: Per hour -- $20 with a
			 minimum charge of $5.00;
(b)
			 Copies: Per page (all duplication processes) -- $.25;
(c) Certification: Per certificate --
			 $2.50.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 42 - PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS › Section 603-042-0050 - Noncompliance with Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 request received by the commission has been submitted erroneously, in that the
			 commission has no public records relating to the request, the request shall be
			 returned to the requestor with any information concerning the appropriate
			 agency to be contacted.
(2) If a
			 commission determines that all or any part of a public record is exempt from
			 disclosure and will not be disclosed, the commission shall notify the requester
			 of such fact, the public record(s) or part(s) thereof that will not be
			 disclosed, the reasons therefor and the right of the requester to petition the
			 Attorney General for review.
(3) In
			 determining whether all or any part of a public record is exempt from
			 disclosure, a commission shall consider:
(a)
			 Public record exemptions specified in ORS
			 192.501 and
			 192.502;
(b) Public record exemptions specified in
			 applicable federal laws or regulations;
(c) Public record exemptions specified in
			 other applicable Oregon law;
(d)
			 Whether a partially exempt public record can be reasonably segregated so as to
			 allow disclosure of an intelligible and undistorted portion of such record
			 while preserving the confidentiality of the exempt portion of such
			 record.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 42 - PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS › Section 603-042-0060 - Assessment Collection Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the event of delinquent assessments or
			 imposition of penalties, when the assessment amount is known, a commodity
			 commission:
(a) Shall send a demand letter
			 immediately following the assessment due date. The demand letter shall include:
(A) A statement that the assessment payment
			 is due and delinquent and that the debtor is subject to a penalty for late
			 payment, pursuant to ORS
			 576.355,
			 577.785,
			 579.250;
(B) The amount of assessments and penalties
			 owed; and
(C) A procedure for
			 requesting reconsideration. A commission may offer a payment plan and include a
			 payment plan request form with a demand letter. If offered, a payment plan must
			 be based on a documented need resulting in an inability to make full payment,
			 be interest bearing, and not exceed one year.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 42 - PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS › Section 603-042-0066 - Types and subtypes of commodities to be assessed by Oregon Tall Fescue Commission

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of implementing section 5 of HB 3401 (2019)
				and ORS 576.051(3), the
				Director identifies all common or named varieties of (bot.) Dactylis glomerata
				as subject to assessment, support and promotion by the Oregon Tall Fescue
				Commission.
Statutory/Other Authority: ORS
				  576.066(1)(e)
Statutes/Other Implemented: ORS
				  576.051(3)
				  & HB 3401 (2019)
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 43 - ASSESSMENT CHALLENGE PROCEDURES › Section 603-043-0010 - Scope and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish a challenge process for those producers
				who dispute the amount of a commodity assessment levied against the producer
				pursuant to ORS 576.325(3)(a)
				and procedures for the affected commission to process the challenge. These
				rules also establish guidelines for the commission in setting their industry
				average unit price.
Stat. Auth.: ORS
				  576.044 & ORS
				  576.370
Stats. Implemented: ORS
				  576.320
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 43 - ASSESSMENT CHALLENGE PROCEDURES › Section 603-043-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Reporting
			 Period" is set by each commission by administrative rule and means the period
			 of time no longer than one year for which a first purchaser files the
			 assessment report and remits the assessment to the commission. Example:
			 monthly, quarterly, annually, etc.
(2) "Reporting Year" is set by each
			 commission by administrative rule and means 12 consecutive months. Example:
			 August 1 through July 31.
(3)
			 "Assessment Period" is set by each commission by administrative rule and means
			 the current reporting year, or the current reporting year plus the previous one
			 or two reporting years. It is the period producers use to challenge an
			 assessment levied under ORS
			 576.325(3)(a).
(4) "Limit Period" is set by each commission
			 by administrative rule and means the most recent complete one, two, or three
			 reporting years used by the commission in determining the industry average unit
			 price.
(5) "Arm's-length
			 transaction" is one in which each party is acting independently in such party's
			 own economic self-interest. The purest example of an arm's length transaction
			 is a purchase and sale between strangers in an open market or at public
			 auction. Transactions between a cooperative and its member and transactions
			 among affiliates would not be considered at arm's length.
Stat. Auth.: ORS
				  576.044 & ORS
				  576.370
Stats. Implemented: ORS
				  576.320
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 43 - ASSESSMENT CHALLENGE PROCEDURES › Section 603-043-0030 - Industry Average Unit Price

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within the first 14 days of each reporting year, those commissions assessing
			 pursuant to ORS 576.325(3)(a)
			 must determine by commission vote an industry average unit price for the limit
			 period. The commission must provide notice of the meeting in the same manner as
			 for a proposed budget under ORS
			 576.425(3). The
			 notice must include the proposed industry average unit price.
(2) Each commission must specifically define
			 the terms to calculate the industry average unit price for the commodity. These
			 terms will be consistent for establishing the assessment rate. Terms to be
			 considered are:
(a) Payment Terms. Standard
			 payment terms for cash or cash equivalents, and whether deductions for the cost
			 of money are to be considered for extended terms.
(b) Delivery Terms. Standard form of
			 delivery, whether FOB producer's property, receiving station, grain elevator,
			 buyer's plant, or other.
(c)
			 Commodity Unit. Standard for determining the common unit of measure for the
			 commodity whether by volume, weight, units, dozens, gross, or other.
(d) Commodity Characteristics. Standards for
			 determining the classification or number of classifications of commodity units,
			 whether by grade, variety, size, maturity or other, for which standard purchase
			 and sale transactions will be recognized.
(e) Standard Deductions. Define the standard
			 deductions, if any, from amounts paid to producers that will apply to all
			 commodity transactions.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 43 - ASSESSMENT CHALLENGE PROCEDURES › Section 603-043-0040 - Challenge Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 commodity producer who has paid an assessment under ORS
			 576.325(3)(a)
			 may file a challenge with the commission if the total assessment levied against
			 the producer during the assessment period established by the commission exceeds
			 one and one-half percent of the total dollar value received by the producer for
			 the raw commodity during that assessment period.
(2) A producer may file a challenge by
			 obtaining a Commission Assessment Challenge Form from the relevant commodity
			 commission. The producer must file the completed Challenge Form with a US
			 Postmark dated no later than on the 60th day following the close of the
			 assessment period. Failure to comply with this requirement must result in an
			 automatic denial of the challenge.
(3) The commission must approve or disapprove
			 the challenge in writing within 90 days following the deadline for the
			 challenge. At any time before the commission issues its decision, either the
			 commission or the challenger may request informal methods of resolution. If
			 involved in an informal method of resolution, the 90 day period may be extended
			 by consent of both parties.
(4) If
			 a commission approves the challenge, the commission will refund the challenger
			 within 30 days of the date of the approval for the amount of the assessment
			 that the challenger proves is in excess.
(5) If a commission disapproves the
			 challenge, the producer may file an action in the appropriate court.
Stat. Auth.: ORS
				  576.044 & ORS
				  576.370
Stats. Implemented: ORS
				  576.320
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 43 - ASSESSMENT CHALLENGE PROCEDURES › Section 603-043-0050 - Determining Commodity Prices in a Challenge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All prices for any method of selling the
			 commodity reported on the Commission Assessment Challenge Form must be the same
			 term(s) that the respective commission uses to calculate the industry average
			 unit price and in establishing the assessment rate.
(2) In addition to the Commission Assessment
			 Challenge Form, the challenger must submit the appropriate documentation to
			 demonstrate the price(s) received.
(3) If the challenger is involved in arm's
			 length transactions for all or part of the challenger's commodity production,
			 the challenger must prove the total dollar value received by the challenger
			 during the assessment period.
(4)
			 If the challenger is a member of a cooperative for all or part of the
			 challenger's commodity production, the challenger must use the economic value
			 of the commodity as set by the cooperative's Board of Directors.
(5) If the challenger acts as a first handler
			 or processor for all or part of the challenger's commodity production, the
			 challenger must prove that prices received for the production is equivalent to
			 the prices paid in arm's length transactions. If the challenger is unable to
			 prove the price equivalence, the challenger must use the commission's average
			 price for this production in the respective reporting year.
(6) If the challenger is not involved in an
			 arm's length transaction for all or part of the challenger's production, the
			 challenger must prove that prices received for the production are equivalent to
			 the prices paid in arm's length transactions. If the challenger is unable to
			 prove the price equivalence, the challenger must use the commission's average
			 price for this production in the respective reporting year.
(7) The total dollar value as determined
			 pursuant to these rules is deemed to be "received by the producer" as that term
			 is used in ORS 576.370 in the reporting year
			 during which the commodity was delivered to the first purchaser or
			 handler.
Stat. Auth.: ORS
				  576.044 & ORS
				  576.370
Stats. Implemented: ORS
				  576.320
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 45 - THIRD PARTY GRADING ELECTION PROCEDURES › Section 603-045-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Department"
			 means the State Department of Agriculture.
(2) "Grower" means any person engaged in the
			 business of growing or producing any produce in this state and includes any
			 cooperative organization composed exclusively of growers and handling
			 exclusively the produce of its own members and operating under and by virtue of
			 the laws of this state or any other state of the United States.
(3) "Elector" is synonymous with
			 "Grower".
(4) "Handler" means a
			 person or the agent of the person who processes produce the person has
			 purchased or otherwise acquired in this state from a grower.
(5) "Produce" means any fruit or vegetable
			 grown or produced by a grower and of which total sales by growers to handlers
			 for the previous growing season totaled more than $1 million. The Department
			 shall determine and verify the application of this defined term, and the total
			 sales value herein specified, and for this purpose shall be authorized to
			 inspect books and records and require reports.
(6) "Election" means the procedure for
			 terminating the Department's inspection and classification as provided by ORS
			 632.950.
(7) "Supervisor of Elections" means the
			 Administrator of the Agricultural Development and Marketing Division or some
			 other person appointed by the Director.
Stat. Auth.: ORS 632
Stats. Implemented: ORS 632
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 45 - THIRD PARTY GRADING ELECTION PROCEDURES › Section 603-045-0020 - Petition Filing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any grower or handler who wants the Department to terminate its inspection of a
			 processing plant in Oregon must contact the Administrator of the Agricultural
			 Development and Marketing Division of the Oregon Department of Agriculture and
			 request a petition. The Department will send the requestor an information
			 packet and petition.
(2) The
			 petition must specify the commodity, processing firm and location, and a
			 petition representative. A separate petition and election will be held for each
			 commodity and each processing plant by location.
(3) The processing plant must provide the
			 Department a notarized statement certifying a list of all growers who deliver
			 the commodity to that plant. The list must include each grower's name, address,
			 and relevant production for the period designated by the Department. The list
			 will become the list of electors.
(4) The petitioners must meet the signature
			 requirements of ORS 632.950.
(5) The petition representative must submit
			 with the petition a deposit of $250 for the cost of the election. If the cost
			 of the election exceeds the deposited amount, the petitioners must pay the
			 difference. If the actual cost is less than the deposit, the Department will
			 issue a refund to the petitioner(s) for the difference between the deposit and
			 the actual cost.
(6) The Supervisor
			 of Elections will review the petition to verify it meets the requirements of
			 ORS 632.950. If it does, the
			 Supervisor of Elections will notify the petition representative. If it does
			 not, the Supervisor of Elections will notify the petition representative of the
			 petition's deficiencies.
Stat. Auth.: ORS 632
Stats. Implemented: ORS 632
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 45 - THIRD PARTY GRADING ELECTION PROCEDURES › Section 603-045-0030 - Election

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the petition
			 meets the statutory requirements, the Department will provide notice of the
			 date of the election in a newspaper circulated in the production area. The
			 notice will appear at least 14 days before the first day of the election. The
			 notice will include the following:
(a) The
			 beginning date and the end date of the election period;
(b) A statement explaining how the grower
			 list was established; and
(c)
			 Information on how a grower may obtain a ballot.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 47 - PAYMENT FOR AGRICULTURE COMMODITIES › Section 603-047-0100 - Seed Production Contract Terms

Current through Register Vol. 63, No. 7, July 1, 2024
As provided for in ORS
				576.718,
				576.721,
				576.726,
				576.729 and
				72.3050(1) to
				(3):
(1) If the seed production or purchase
			 contract does not settle the price of the grass seed, a reasonable price may be
			 established according to a department survey of a representation of seed
			 dealers and growers/producers for the purpose of determining a reasonable price
			 at the time of delivery.
(2) When
			 the price of a grass seed kind is the "established price" pursuant to
			 supervised price discussions as described in ORS
			 646.738, the established price
			 shall apply.
(3) When a
			 disagreement over payment or timely payment stems from a disagreement between
			 the seed dealer and the seed producer or grower over the quality of the seed of
			 a contracted or purchased lot, the parties to the contract may engage in
			 collaborative dispute resolution processes including the process specified in
			 OAR 603-047-0500.
Stat. Auth.: ORS
				  561.190,
				  576.738,
				  576.741,
				  576.744,
				  633.660,
				  633.670 &
				  633.680
Stats. Implemented: ORS
				  576.738,
				  576.741 &
				  574.744
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 47 - PAYMENT FOR AGRICULTURE COMMODITIES › Section 603-047-0200 - Seed dealer Failures to Timely Make Payment; Fee

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				576.738, all producers or
				growers making a complaint of no payment or untimely payment must submit the
				complaint in writing to the department.
(1) Prior to filing a complaint of untimely
			 or nonpayment with the department, a seed grower or producer must send a notice
			 to the dealer of the amount owed.
(2) Unless expressly provided otherwise in a
			 seed production contract that is authenticated by the producer and seed dealer
			 prior to the producer planting the agricultural seed, a producer shall upon
			 notification to the dealer of seed quality test results, indicating that the
			 seed is eligible for sale, shall also notify a seed dealer, in writing, no
			 later than 30 days prior to commencement of storage fees, a rate for storage
			 fees and the date in which storage fees will commence.
(3) A written complaint must include all
			 documents and information as required by the department and must include a fee
			 of $50.
(a) Upon receipt of the fee and
			 written complaint the department shall verify that the complainant has provided
			 all information required to make a determination and request additional
			 information from the complainant if necessary.
(b) Consistent with law, the agency may
			 initiate an investigation to determine the validity of the complaint.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 47 - PAYMENT FOR AGRICULTURE COMMODITIES › Section 603-047-0300 - Seed Dealer Financial Assurance; Rules; License Refusal; Agents

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				576.741 and this rule, unless
				the context or a specifically applicable definition requires otherwise.
(1) "Officer" means any of the following
			 individuals:
(a) A president, vice president,
			 secretary, treasurer or director of a corporation;
(b) A general partner in a limited
			 partnership;
(c) A manager in a
			 manager-managed limited liability company;
(d) A member of a member-managed limited
			 liability company;
(e) A
			 trustee;
(f) A person or group of
			 persons who direct or cause the direction of the management and policies of a
			 licensed seed dealer person, whether through ownership of voting securities, by
			 contract or otherwise.
(g) "Owner"
			 means the sole proprietor of, partner in or holder of a controlling interest in
			 the named entity on an application for a seed dealer's license.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 47 - PAYMENT FOR AGRICULTURE COMMODITIES › Section 603-047-0400 - Department's Notice; Right to Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A notice issued by the department
			 pursuant to OAR 603-047-0200 and 603-047-0300 must be in writing, is subject to
			 any applicable provisions of ORS Chapter 183, and shall include:
(a)A reference to the particular statute and
			 administrative rule involved in the department's determination;
(b) A statement explaining how the amount of
			 nonpayment was calculated, or how the payment is untimely or both;
(c) A statement explaining that the seed
			 dealer's license is suspended and the dealer has not demonstrated to the
			 satisfaction of the Department that the dealer is current on all payments due
			 as described in a final order issued by the Department and that the Department
			 may refuse to issue or renew the seed dealer license;
(d) A statement explaining that a license
			 applicant is an officer, owner or agent of the entity holding a seed dealer's
			 license that was suspended;
(e) A
			 statement of the person's right to request a hearing within 60 days of receipt
			 of the notice and an explanation of how a hearing may be requested;
(f) A statement that a collaborative dispute
			 resolution process is available as an alternative to a contested case hearing,
			 and that choosing such process will not affect the right to a contested case
			 hearing if a hearing request is received by the agency within the time period
			 stated in the notice and the matter is not resolved through the collaborative
			 process;
(g) A statement indicating
			 whether and under what circumstances ODA may issue a final order by
			 default.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 47 - PAYMENT FOR AGRICULTURE COMMODITIES › Section 603-047-0500 - Collaborative Dispute Resolution; Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Resolution of contested cases. The
			 department may enter into an informal disposition of a contested case with the
			 parties to a contested case to resolve any matter identified in the
			 department's notice.
(a) Any informal
			 disposition must be in writing and signed by the party or parties to the
			 contested case;
(b) The department
			 shall incorporate an informal disposition into a final order resolving all
			 issues described in the notice.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR
				603-048-0010 through
				603-048-2500 unless the context
				requires otherwise.
(1) "Adult use
			 cannabis item" has the meaning given that term in ORS
			 475C.009.
(2) "Agricultural hemp seed"
(a) means Cannabis seed:
(A) That is sold to or intended to be sold to
			 licensed growers for planting; or
(B) That remains in an unprocessed or
			 partially processed condition that is capable of germination.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0050 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  569.445,
				  571.300 -
				  571.315 &
				  633.511 -
				  633.996
Stats. Implemented: ORS
				  571.300 -
				  571.315
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0100 - Licensing, generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Industrial hemp
			 is an agricultural product subject to regulation by the Department.
(2) Only a licensee may sell, store, receive
			 or transfer industrial hemp, except as provided in ORS
			 475C.305, ORS
			 571.266 and this rule.
(a) Laboratories are not required to be
			 licensed with the Department to sample, test, or transfer or store industrial
			 hemp for sampling and testing purposes; and
(b) Seed testing facilities with a registered
			 seed technologist registered by the Society of Commercial Seed Technologist or
			 certified seed analyst certified by the Association of Official Seed Analysts
			 are not required to be licensed with the Department to sample, test, treat, or
			 transfer or store industrial hemp seed or seedlings for sampling and testing
			 purposes.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0110 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  569.445,
				  571.300 -
				  571.315 &
				  633.511 -
				  633.996
Stats. Implemented: ORS
				  571.300 -
				  571.315
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0125 - Grower Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only a grower
			 licensed with the Department may produce industrial hemp except as exempted in
			 OAR 603-048-0100.
(2) Industrial hemp may only be produced at
			 grow sites and within production areas included on the grower license except as
			 exempted in OAR 603-048-0100.
(3) A licensed grower may use any propagation
			 method, including planting seeds from, or starts, or the use of clones or
			 cuttings, to produce industrial hemp.
(4) The Department shall make available to
			 licensed growers information that identifies licensed agricultural hemp seed
			 producers from whom growers may purchase agricultural hemp seed.
(5) Each grow site or production area
			 identified by the Department that is not included on the grower license is a
			 separate violation of section (2) of this rule.
(6) A licensed grower may trim industrial
			 hemp produced by the grower without a handler license only if the grower:
(a) Trims at the licensed grow site where the
			 industrial hemp was produced;
(b)
			 Submits to the Department prior to beginning any trimming activities a valid
			 land use compatibility statement (LUCS) stating that trimming is permitted
			 signed by the local county or government with jurisdiction over the grow site;
			 and
(c) Complies with all
			 requirements applicable to handlers for the production of usable
			 hemp.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0126 - Pre-Registration Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) Except as provided in paragraph (b) of
			 this subsection, if a person plants an industrial hemp crop or commits a
			 violation of ORS 571.260 to
			 571.348 prior to applying for a
			 grower license, the Department shall refuse to issue a license to the
			 person.
(b) If the crop described
			 in paragraph (a) of this subsection is removed and the Department determines
			 that the violation is resolved, the person described in paragraph (a) of this
			 subsection may apply for a license under ORS
			 571.281. The crop must be
			 disposed of in accordance with OAR 603-048-0640 within 14 calendar days of the
			 Department's notification to the person, unless the Department grants an
			 extension in writing.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0127 - Grower Research License

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Beginning on January 1, 2022, a person proposing to grow hemp for research
			 purposes only may apply for a research grower license.
(2) All of the provisions regarding growers
			 in these rules apply to licensed research growers except as explicitly exempted
			 or provided otherwise in this rule.
(a) When
			 submitting an application for a research grower license, the applicant must
			 include the address of research facilities where cannabis from the licensed
			 grow site may be stored, handled, tested, or otherwise researched.
(b) When submitting an application for a
			 research grower license, the applicant must submit the following:
(A) A written research plan that identifies
			 the purpose of the research for conducting the research. The plan must identify
			 the amount of cannabis intended to be grown. It must also identify how the
			 applicant will ensure the plants and plant material remains at the grow site
			 and prevent the material from entering the commercial marketplace.
(B) A written destruction plan that
			 identifies when and how an applicant will timely dispose of plants grown under
			 the license.
(C) Any other
			 information pertinent to the research specifically requested by the
			 Department.
(c) An
			 applicant for a research grower license must submit the fee for a grower
			 license in OAR 603-48-0700(1)(a) with its application but is not required to
			 submit a fee for a grow site license. The applicant must identify every grow
			 site in the application.
(d) A
			 licensed research grower is not required to conduct preharvest testing in
			 accordance with OAR 603-048-0600 except as required for transfers.
(e) A licensed research grow site or research
			 facility may not be co-located with a non-research grow site, a medical
			 marijuana grow site registered under ORS
			 475C.792 or marijuana producer
			 licensed under ORS 475C.065.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0150 - Handler Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only a
			 handler licensed with the Department may process industrial hemp or further
			 process a hemp item.
(2) Industrial
			 hemp may only be processed at handling sites included on the handler's license.
			 A hemp handling license applies to only one handling site. A handler must
			 obtain a separate license for each handling site.
(3) Handler Licensure by Reciprocity. A
			 marijuana processor licensed under ORS
			 475C.085 with a hemp endorsement
			 as described in OAR 845-025-3210 from the OLCC may be licensed by reciprocity
			 with the Department as a handler in accordance with OAR 603-048-0225(5). A
			 marijuana processor licensed by reciprocity:
(a) Is deemed to be in compliance with the
			 recordkeeping requirements in OAR 603-048-0500 if the marijuana processor
			 tracks all industrial hemp and industrial hemp products and commodities in the
			 Cannabis Tracking System as required by OAR Chapter 845, Division 25.
(b) Is deemed to be in compliance with
			 testing requirements for hemp items if the marijuana processor tests all hemp
			 items as required in OAR Chapter 845, Division 25.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0175 - Vendor Site License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective July 1, 2024, a vendor must
			 have a license with the Department under these rules for each vendor site prior
			 to storing, transferring, or selling industrial hemp or hemp items except:
(a) A license is not required if the person
			 only facilitates the sale or transfer by connecting buyers and sellers and the
			 person does not store the industrial hemp or hemp items at any time.
(b) A licensed grower, handler, or
			 agricultural hemp seed producer is not required to be licensed with the
			 Department as a vendor site to store, transfer, or sell industrial hemp or hemp
			 items the licensee produced or processed if the licensee first notifies the
			 Department of the location where the industrial hemp or hemp items are stored,
			 transferred, or sold in the license application or on another form provided by
			 the Department.
(c) A license is
			 not required for a vendor site licensed by OLCC under ORS
			 475C.065,
			 475C.085,
			 475C.093, or
			 475C.097.
(d) A license is not required for a person
			 who only transports industrial hemp or hemp items and does not store the
			 industrial hemp or hemp items at any time other than as necessary for
			 transportation or delivery.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0200 - Grower Licensure Applications and Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licenses
			 are valid for a one-year term beginning on January 1 of each calendar year.
			 Licenses granted after January 1 are effective on the date issued.
(a) An applicant must submit, and the
			 Department must receive, a complete application and applicable fees by no later
			 than May 31 of the calendar year for any grower license.
(b) An applicant may submit a grower
			 application late if received by the Department by no later than July 31 and
			 submitted with the late fee for each grow site application identified in OAR
			 603-048-0700.
(c) An applicant is not subject to the May 31
			 deadline if the applicant has purchased land with an active grower license. No
			 new production areas or grow sites other than those included in the original
			 license may be added or moved after May 31 unless submitted with the late fee
			 identified in OAR 603-048-0700 for each new grow
			 site before July 31.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0205 - Criminal Records Check

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Criminal offender information is confidential. The Department shall not
			 disclose records regarding criminal offender information received when
			 processing grower license applications except for persons with a demonstrated
			 and legitimate need to know the information.
(2) The only convictions the Department shall
			 consider are felonies relating to a controlled substance within the last ten
			 years from the date of application.
(3) An application is incomplete if the
			 applicant or any key participant is required to submit a consent to criminal
			 history check and refuses to consent to the criminal history check, refuses to
			 be fingerprinted or respond to written correspondence, or discontinues the
			 criminal records process for any reason. Incomplete fitness determinations may
			 not be appealed.
(4) The
			 Department, in its discretion, may require a criminal history check of any
			 applicant or key participant more frequently than otherwise required by these
			 rules.
Statutory/Other Authority: ORS
				  561.190 & ORS
				  571.260-571.348
Statutes/Other Implemented: ORS
				  571.260-571.348
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0225 - Handler Applications and Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licenses are valid for a one-year term
			 beginning on January 1 of each calendar year. Licenses granted after January 1
			 are effective on the date issued.
(2) Renewal Application. A person with a
			 current valid license may apply for a renewal license by submitting a complete
			 renewal application and renewal fee to the Department by no later than December
			 1 of the current license year. All application requirements for an initial
			 license apply to an application for renewing a license.
(3) The Department shall review and act on
			 applications in the order they are received. An individual is not licensed with
			 the Department until the Department has approved the license and notified the
			 licensee of licensure.
(4) To apply
			 for a handler license, an applicant must submit to the Department:
(a) A complete application to the Department
			 on forms provided by the Department; and
(b) All applicable fees as described in OAR
			 603-048-0700.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 48 - INDUSTRIAL HEMP › Section 603-048-0250 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  569.445,
				  571.300 -
				  571.315 &
				  633.511 -
				  633.996
Stats. Implemented: ORS
				  571.300 -
				  571.315