Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 47 - PAYMENT FOR AGRICULTURE COMMODITIES › Section 603-047-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context or a specifically applicable definition
				requires otherwise, the following definitions shall apply to OAR 603-047-0100
				to 603-047-0500: Rules promulgated under the authority of ORS Chapter 576,
				Payment for Agriculture Commodities (Seeds).
(1) "Agricultural seed" means grass seed of a
			 type commonly sold for use in turf lawns or as forage seed.
(2) "Authenticate" has the meaning given that
			 term in ORS 79.O1O2.
(3)
			 "Complaint" as used in this rule means a written complaint submitted to the
			 department by a producer or grower pursuant to ORS
			 576.738 alleging a failure by a
			 seed dealer to make any payment or timely payment under a seed bailment
			 contract, seed production contract or seed purchase contract.
(4) "Department" means the State Department
			 of Agriculture.
(5) "Reasonable
			 Price" means the value of a grass seed kind, variety (or similar variety) and
			 quality (or similar quality) during a time frame corresponding with the date in
			 which payment was due.
(6)
			 "Financial Assurance" as used in ORS
			 576.741 means any written
			 assurance attesting to the applicant's financial abilities as obligated under
			 seed production or seed purchase contracts and may include a surety
			 bond.
(7) "Notice of failure to
			 make payment," as used in ORS
			 576.738 and this OAR means a
			 notice made by the department to a seed dealer of failure to make payment under
			 a seed production contract or a seed purchase contract as described in 576.738
			 for which a final order affirming the notice has been issued. It does not
			 include a notice that has been withdrawn or successfully appealed.
(8) "Producer" means a person that grows
			 agricultural seed in this state on a commercial basis for a seed
			 dealer.
(9) "Seed Bailment
			 Contract" means a seed production contract under which the seed dealer retains
			 title to all seed, seed stock and plant life grown or used by the producer
			 under the terms of the contract.
(10) "Seed Dealer" means a person that in the
			 ordinary course of business contracts to buy agricultural seed grown in this
			 state by a producer or contracts with a producer for the growing of
			 agricultural seed in this state.
(11) "Seed Deliver" means the date on which
			 the seed grower delivers grass seed to the seed dealer pursuant to a notice
			 from the dealer.
(12) "Seed Grower"
			 means a person that grows grass seed in this state on a commercial basis
			 without entering into a contract with a seed dealer prior to harvesting of the
			 seed.
(13) "Seed Production
			 Contract" means a written agreement between a producer and a seed dealer for
			 the growing of agricultural seed in this state.
(14) "Seed Purchase Contract" means a written
			 agreement for a seed dealer to purchase grass seed that has been grown by a
			 seed grower. "Seed purchase contract" does not include a seed production
			 contract.
(15) "Variety Not Stated
			 Seed" means agricultural seed that is sold in unmarked plastic bags or other
			 unmarked containers without any reference to a variety name for the
			 seed.
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