Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 76 - SUPERVISION OF PRICE NEGOTIATIONS › Section 603-076-0051 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these regulations, unless the context requires
				otherwise:
(1) "Dealer" has the same
			 meaning provided under ORS
			 646.515(3), and
			 who has bought product in the prior year respective to the specific seafood
			 species under price negotiations.
(2) "Parties" or "party" to the supervised
			 negotiations means an Oregon seafood harvester association or cooperative that
			 represents Oregon seafood harvesters as defined in ORS
			 646.515, and dealers who
			 purchase Oregon seafood who voluntarily participate in the regulatory program
			 to negotiate a season starting price.
(3) "Mediate" or "mediation" has the same
			 meaning as ORS 36.110(6)
(4) "Price negotiation," "negotiate," or
			 "bargain" means to discuss the terms of a season starting price and the
			 associated time for which the price is in effect, and related issues, with the
			 objective of coming to terms on issues.
(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 seafood harvester associations or
			 cooperative representatives for the purpose of arriving at a negotiated season
			 starting price and related terms for the sale of Oregon seafood from harvesters
			 to dealers.
(8) "Negotiated price"
			 means the proposed season starting price and related time period and other
			 terms agreed upon by representatives of seafood harvesters and seafood dealers
			 who participate in the price negotiations supervised by the Oregon Department
			 of Agriculture.
(9) "Established
			 price" means the price set and approved by the Director as the season starting
			 price for which the specific seafood identified in the negotiations shall be
			 sold to dealers who have participated in the negotiations, and harvesters who
			 will deliver the specific seafood, effective over the time period negotiated by
			 the parties and approved by the department.
(10) "State action immunity" means immunity
			 from 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 seafood industry is displaced by
			 regulations and active state supervision in accordance with ORS
			 62.015,
			 62.845,
			 646.515,
			 646.535, and
			 646.740.
(11) "Regulatory program" means the state
			 regulatory program described in ORS
			 62.015,
			 62.845,
			 646.535 and
			 646.740 that is actively
			 supervised by the Director of Agriculture, and that authorizes parties to
			 engage in bargaining and negotiations to negotiate a proposed season opening
			 price and associated terms of seafood commodities harvested and sold to dealers
			 who participate in the negotiations.
Stat. Auth.: ORS 575.62- 576-650, Ch. 487 OL 2003, SB
				  673
Stats. Implemented: ORS
				  62.845,
				  646.515,
				  646.535,
				  646.740