Oregon Administrative Rules › Chapter 648 - DEPARTMENT OF AGRICULTURE, OREGON HEMP COMMISSION › Division 10 - REPORTING AND PAYMENT OF ASSESSMENTS › Section 648-010-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to the rules in this Division
				10, unless the context requires otherwise:
(1) "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.
(2) "Assessment" means a percentage of the
			 Dollar Value levied by the Commission on Hemp.
(3) "Assessment Period" means the current
			 Reporting Year.
(4) "Assessment
			 Report" is the form approved by the Commission on which a Producer or a
			 Vertically Integrated Producer will report to the Commission the amount, type,
			 and Dollar Value of the hemp grown or produced in Oregon and Sold Commercially
			 or Transferred Internally.
(5)
			 "Dollar Value" means, if Sold Commercially, the actual price, share, or other
			 form of compensation received in exchange for Hemp, including but not
			 necessarily limited to, remuneration in the form of inputs, goods, services,
			 and any other consideration, or, if Transferred Internally, the Monetary
			 Valuation of the Hemp, reported in United States dollars.
(6) "Casual Sale" means a sale made by a
			 Producer directly to a consumer of raw, unprocessed Hemp of less than $500,
			 calculated based on a single fiscal year.
(7) "Commission" means the Oregon Hemp
			 Commission.
(8) "Good cause" means
			 that an action, delay, or failure to act arises from an excusable mistake,
			 surprise, or excusable neglect based upon reasonable reliance on the statement
			 of a party or agency related to procedural requirements, or from fraud,
			 misrepresentation, or other misconduct of the Commission.
(9) "Handler" has the meaning given to that
			 term in ORS 571.269(8).
(10) "Hemp"
			 means "Industrial Hemp" and these terms are used interchangeably.
(11) "Industrial Hemp" has the meaning given
			 to that term in OAR 603-048-0010(24).
(12) "Monetary Valuation" means the amount
			 that would be paid in cash for Hemp if it were to be sold to a third party in
			 an Arm's-length Transaction.
(13)
			 "Producer" has the meaning given to the term "grower" in ORS
			 571.269(7).
(14) "Reporting Year"
			 means the 12-month period beginning July 1 and ending June 30 each year, except
			 that for 2022, the Reporting Year shall begin on January 1, 2023.
(15) "Sold Commercially" means Hemp that is
			 transferred in commercial channels because it has moved from the Producer to
			 the Handler with both parties agreeing that a method of compensation will be
			 provided to the Producer.
(16)
			 "Transferred Internally" means Hemp that is transferred in commercial channels
			 because it has moved from the Producer to the Handler when the transferring and
			 receiving party is part of the same Vertically Integrated Producer.
(17) "Vertically Integrated Producer" means a
			 Producer who is also a Handler.
Statutory/Other Authority: ORS 571.269, ORS 571.406(3), ORS
				  571.423 & ORS 571.447
Statutes/Other Implemented: ORS 571.269, ORS 571.406(3), ORS
				  571.423 & ORS 571.447 - 571.501