Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 76 - SUPERVISION OF PRICE NEGOTIATIONS › Section 603-076-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context clearly requires otherwise, the following
				definitions apply to OAR 603-076-0005 through 603-076-0021:
(1) "Active supervision" means the
			 department's regulatory oversight and actions related to grass seed price
			 negotiations intended to ensure that state action immunity will apply to the
			 conduct.
(2) "Bargaining Council"
			 means the group of dealers and representatives of the cooperative bargaining
			 association(s) who voluntarily meet under the active supervision of the
			 department as part of the regulatory program described in ORS
			 646.738(2).
(3) "Certified," as applied to agricultural,
			 vegetable, or cereal grain seed, means inspected and labeled by, and in
			 accordance with, the standards and rules and regulations adopted by the Oregon
			 State University Seed Certification Program, or in accordance with similar
			 standards established by some similar regularly constituted authority in
			 another state or county.
(4)
			 "Cooperative bargaining association" or "association" means any cooperative
			 formed or operated pursuant to ORS chapter 62 and the federal Capper-Volstead
			 Act (7 U.S.C. §§
									291-292).
(5) "Crop year" means the year in which a
			 seed crop is harvested.
(6)
			 "Dealer" or "seed dealer" means any person or agent of the person who purchases
			 or contracts to purchase perennial ryegrass seed, annual ryegrass seed, or tall
			 fescue seed kinds from a grower or agent of the grower for the purpose of
			 processing or marketing such seed.
(7) "Department" means the Oregon Department
			 of Agriculture.
(8) "Director"
			 means the director of the department or the Director's agent.
(9) "Established price" means the price
			 approved by the Director in a price order as the minimum price at which
			 production contracted seed meeting established standards shall be sold by
			 members of a cooperative bargaining association to dealers. The established
			 price applies only to seed from the crop year in which the price order is
			 issued. The established price applies only to seed that is both produced by,
			 and purchased by, the parties.
(10)
			 "Grower" means a producer of annual ryegrass seed, perennial ryegrass seed, or
			 tall fescue seed kinds.
(11) "Good
			 faith" means that a person acts with an honest belief or purpose, consistently
			 with the justified expectations of the parties, and in faithfulness to the
			 purpose of the regulatory program.
(12) "Kind" or "seed kind" means perennial
			 ryegrass, annual ryegrass, or tall fescue seed.
(13) "Market price" means the price at which
			 annual ryegrass, perennial ryegrass, or tall fescue seed is bought or sold, as
			 determined by the forces of supply and demand.
(14) "Parties" or "party" includes:
(a) The cooperative bargaining association(s)
			 that participate in the regulatory program described in ORS
			 646.738(2) and
			 their members; and
(b) The dealers
			 that participate in the regulatory program described in ORS
			 646.738(2).