Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 76 - SUPERVISION OF PRICE NEGOTIATIONS › Section 603-076-0101 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these regulations, unless the context requires
				otherwise:
(1) "Blackberry dealer" and
			 "blackberry packer" means dealer as defined in ORS
			 646.515(3)(a),
			 or a licensed food processor that is a cooperative.
(2) "Grower Bargaining Association" refers to
			 any growers association legally organized in accordance with Federal
			 Capper-Volstead Laws (7 U.S.C.
			 291 -
			 292)
			 and state law (ORS 646.515 to 646.545) for incorporation as a grower
			 cooperative or bargaining unit for blackberries.
(3) "Mediate" or "mediation" has the same
			 meaning as ORS 36.110(5).
(4) "Price negotiation," "negotiate," or
			 "bargain" means to discuss the terms of a contract price and related issues,
			 and attempt to come to agreement.
(5) "Director" means the Director of
			 Agriculture or a designee of the Director of Agriculture.
(6) "Department" means the Oregon Department
			 of Agriculture.
(7) "Active
			 supervision," "active state supervision," and "actively supervise" means the
			 Department's regulatory oversight of the price discussions among dealers, and
			 price negotiations between dealers and grower representatives of a grower
			 bargaining association for the purpose of arriving at a negotiated price for
			 the sale of blackberries under production contracts or other arrangements that
			 meet standards established by the Blackberry Bargaining Council.
(8) "Negotiated price" means the proposed
			 price for blackberries agreed upon by representatives of a grower bargaining
			 association and blackberry dealers.
(9) "Established price" means the price set
			 and approved by the Director as the price at which blackberries produced by
			 grower members of the bargaining association shall be sold to dealers.
(10) "State action immunity" means
			 immunity liability under the federal antitrust laws and the Oregon Antitrust
			 Act for conduct that is carried out pursuant to a regulatory program in which
			 competition in certain areas of the blackberry industry in Oregon is displaced
			 by regulations and active state supervision in accordance with ORS
			 62.845,
			 62.848,
			 646.535 and
			 646.740.
(11) "Parties" or "party" means blackberry
			 producers, blackberry grower associations, blackberry processing or marketing
			 cooperatives, or blackberry dealers who are participants in the state
			 regulatory program for establishing prices on blackberries produced in
			 Oregon.
(12) "Blackberry Bargaining
			 Council" means the collective group of blackberry dealers and blackberry
			 growers from the bargaining association, who voluntarily meet under the
			 auspices of the department for the purposes of price negotiations.
(13) "Regulatory program" means the state
			 regulatory program described in ORS
			 62.015,
			 62.845,
			 62.848,
			 646.535 and 646.740that is
			 actively supervised by the Director of Agriculture, and that authorizes parties
			 to engage in bargaining and negotiations to establish the price and terms of
			 blackberry products produced under contract or other terms and sold to
			 blackberry dealers.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: SB 409 (2009); ORS
				  62.015,
				  62.848,
				  646.535 &
				  646.740
Stats. Implemented: ORS
				  62.015,
				  62.845,
				  62.848,
				  646.535,
				  646.740