OAR Chapter 670 — Department of Agriculture, Oregon Blueberry Commission

Division 1 PROCEDURAL RULES

Or. Admin. R. 670-001-0000 Procedure for Notice of Intended Rulemaking

Before adopting, amending or repealing any permanent rule, the Oregon Blueberry Commission will give notice of the intended action:

(1) By causing the notice to be published in the Secretary of State’s Bulletin, referred to in ORS 183.360, at least 21 days before the effective date of the rule;

(2) By mailing a copy of the notice to persons on the Oregon Blueberry Commission’s mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule;

(3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and

(4) By mailing or furnishing a copy of the notice to:

(a) The Associated Press;

(b) Associations with an interest in a commission’s rulemaking and publications whose readers have an interest in commission’s activities; and

(c) Newspapers in primary production regions of the commodities represented by the commission.

History

• Statutory/Other Authority: ORS 576.305
• Statutes/Other Implemented: ORS 183.335 & 183.341(4)
• OBC 1-2001, f. & cert. ef. 3-21-01
• OBC 1-1995, f. & cert. ef. 3-21-95, Renumbered from 670-010-0030
• OBC 1-1986, f. 5-28-86, ef. 6-1-86

Division 10 REPORTING AND PAYMENT OF ASSESSMENTS DUE THE OREGON BLUEBERRY COMMISSION

Or. Admin. R. 670-010-0005 Definitions

(1) "Person" means any individual, corporation, association, partnership or joint stock company.

(2) "Commission" means the Oregon Blueberry Commission.

(3) "First Purchaser" means any person who buys blueberries from the producer in the first instance, or handler who receives the blueberries in the first instance from the producer for resale or processing.

(4) "Producer" means a person or other legal entity producing blueberries in Oregon, for market, whether as a landowners, landlord, tenant, sharecropper or otherwise.

(5) "Handler" means any producer, processor, distributor or other person engaged in handling or marketing of or dealing in blueberries, whether as owner, agent, employee, broker or otherwise.

(6) "Blueberries" means blueberries that belong to the genus Vaccinium (including but not limited to the cultivars "high bush", "rabbiteye" and "low-bush" or "wild") grown commercially in the State of Oregon. All blueberry cultivars sold commercially for whatever purpose are subject to these rules.

(7) "Casual Sales" means any sales of blueberries made by the producer directly to the consumer where the total accumulated sales during the fiscal year are not more than 500 pounds.

(8) "Reporting Year" means a calendar year beginning May 1 and ending April 30.

History

• Statutory/Other Authority: ORS 576.305 - 576.325(1)(c)
• Statutes/Other Implemented: ORS 576.325
• OBC 1-2009, f. 6-15-09, cert. ef. 7-1-09
• OBC 1-2003, f. 10-15-03, cert. ef. 11-1-03
• OBC 1-1994, f. & cert. ef. 5-17-94
• OBC 1-1986, f. 5-28-86, cert. ef. 6-1-86

Or. Admin. R. 670-010-0010 Assessments

(1) Any producer, handler or first purchaser shall deduct and withhold an assessment of four-tenths of a cent ($.004) per pound or $8 per ton after June 1, 2001 for all blueberries grown in Oregon (See definition of “First Purchaser.)

(2) The maximum assessment for a reporting year (670-010-0005(8)) will be one percent of the total annual gross sales of the raw product of the berries delivered to the handler(s) during the reporting year.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.325 & 576.335
• OBC 1-2009, f. 6-15-09, cert. ef. 7-1-09
• OBC 1-2003, f. 10-15-03, cert. ef. 11-1-03
• OBC 2-2001, f. 5-8-01, cert. ef. 6-1-01
• OBC 1-1990, f. 5-23-90 & cert. ef. 6-1-90
• OBC 1-1986, f. 5-28-86, ef. 6-1-86

Or. Admin. R. 670-010-0011 Challenge Process

(1) Pursuant to ORS 576.370 and OAR 603-043-0040, a producer may file a challenge by obtaining a Commission Assessment Challenge Form from the commission. The producer must file the completed Challenge Form with a US Postmark dated no later than 60 days from April 30th of each year.

(2) In calculating whether a producer has paid an assessment that exceeds one percent of the total dollar amount received by the producer for the raw commodity during the assessment period the producer must use the assessment period as defined by 670-010-0005(8).

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576
• OBC 1-2009, f. 6-15-09, cert. ef. 7-1-09
• OBC 1-2003, f. 10-15-03, cert. ef. 11-1-03

Or. Admin. R. 670-010-0015 Reports and Payments of Assessment Moneys

(1) The reporting period to the Commission is annually with the assessment report and payment postmarked on or before November 30th of each reporting year.

(2) First purchasers must include the producer’s name, full address, total pounds, and assessment collected for all purchases by or deliveries received during the reporting year on the assessment report. The first purchasers must sign each assessment report to certify the information provided.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.325, 576.335 & 576.345
• OBC 1-2003, f. 10-15-03, cert. ef. 11-1-03
• OBC 1-2001, f. & cert. ef. 3-21-01
• OBC 1-1986, f. 5-28-86, ef. 6-1-86

Or. Admin. R. 670-010-0020 Penalties

Penalty for delaying transmittal of assessment moneys ORS 576.355 "In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a Commission shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of the assessment. A commission may waive the penalty and interest described in subsection (1) of this section upon showing of good cause."

History

• Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576
• Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576
• OBC 1-2004, f. 1-12-04, cert. ef. 1-15-04
• OBC 1-1986, f. 5-28-86, ef. 6-1-86

Or. Admin. R. 670-010-0025 Effective Date of Assessment

The assessment to be withheld and paid by a producer, first purchaser or handler, as required by ORS Chapter 576 and subsection (1) of Section 2, or reports required under Section 3, applies to and covers any sales, purchases or delivery on or after June 1, 1986, of blueberries grown in Oregon.

History

• Statutory/Other Authority: ORS 576
• Statutes/Other Implemented: ORS 576.325 & 576.335
• OBC 1-1986, f. 5-28-86, ef. 6-1-86

Division 20 RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT

Or. Admin. R. 670-020-0100 Definitions

(1) “Actual and necessary” means that a travel or other expense:

(a) Is an actual expense incurred by a member in carrying out official duties; and

(b) The expense is necessary to enable the member to carry out official duties.

(2) “Member” means any individual appointed by the Director of Agriculture to serve on the Oregon Blueberry Commission.

(3) “Non-qualified member” means a member other than a qualified member.

(4) “Other expenses” includes, but is not limited to, expenses incurred by a member of the Oregon Blueberry Commission in employing a substitute to perform duties, including personal, normally performed by the member which the member is unable to perform because of the performance of official duties and which by the nature of such duties cannot be delayed without risk to health or safety. No member shall be reimbursed for expenses incurred in employing a substitute in excess of $25 per day.

(5) “Official duties” includes:

(a) Attendance at an Oregon Blueberry Commission meeting or subcommittee meeting;

(b) Attendance at a conference or other activity as a representative of the Oregon Blueberry Commission, either at the request of the chair of the Oregon Blueberry Commission or as authorized in advance by a vote of the Oregon Blueberry Commission; and

(c) Legislative testimony.

(6) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year:

(a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or

(b) Of less than $100,000, as reported on a joint income tax return.

(7) “Travel and other expenses” includes meals, overnight lodging, transportation, postage, and the cost of attending, as a representative of the Oregon Blueberry Commission, an event associated with marketing, promoting, researching, or representing the commodity, such as a trade show, stock show, county fair, state fair, conference, or training. “Travel and other expenses” does not include:

(a) Attendance at a sporting event, concert, theatrical or dance performance, or movie, including such events that occur at a trade show, festival, stock show, county fair, state fair, conference, or training;

(b) In-room movie rental;

(c) Telephone charges that are not associated with Oregon Blueberry Commission business;

(d) Use of a gym or health club;

(e) Cost of a gift for a host, business associate, family member, or Oregon Blueberry Commission member, employee, or contractor; or

(f) Alcoholic beverages.

History

• Statutory/Other Authority: ORS 576.265 & ORS 576.304
• Statutes/Other Implemented: ORS 292.495 & ORS 576.265
• OBC 2-2021, adopt filed 10/26/2021, effective 10/31/2021
• OBC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 02/28/2022

Or. Admin. R. 670-020-0110 Qualified Members

(1) In accordance with the procedures set forth in OAR 670-020-0130 and OAR 670-020-0140, the Oregon Blueberry Commission shall provide to a qualified member of the Oregon Blueberry Commission:

(a) Per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the qualified member is actually engaged in the performance of official duties; and

(b) Reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00.

(2) A qualified member of the Oregon Blueberry Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Blueberry Commission.

History

• Statutory/Other Authority: ORS 576.265 & ORS 576.304
• Statutes/Other Implemented: ORS 292.495 & ORS 576.265
• OBC 2-2021, adopt filed 10/26/2021, effective 10/31/2021
• OBC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 02/28/2022

Or. Admin. R. 670-020-0120 Non-Qualified Members

(1) In accordance with the procedures set forth in OAR 670-020-0130, and only if there are funds available in the budget for such compensation, the Oregon Blueberry Commission may provide to a non-qualified member of the Oregon Blueberry Commission who is not employed in full-time public service per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the non-qualified member is actually engaged in the performance of official duties.

(2) In accordance with the procedures set forth in OAR 670-020-0140, the Oregon Blueberry Commission shall provide to a non-qualified member of the Oregon Blueberry Commission reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a non-qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00.

(3) A non-qualified member of the Oregon Blueberry Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Blueberry Commission.

History

• Statutory/Other Authority: ORS 576.265 & ORS 576.304
• Statutes/Other Implemented: ORS 292.495 & ORS 576.265
• OBC 2-2021, adopt filed 10/26/2021, effective 10/31/2021
• OBC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 02/28/2022

Or. Admin. R. 670-020-0130 Procedures for Payment of Per Diem Compensation

A member must submit a written claim for compensation to the Oregon Blueberry Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The member must specify the amount of time the member spent performing official duties, as well as the nature of the official duties performed, for any day or portion thereof for which the member claims compensation.

History

• Statutory/Other Authority: ORS 576.265 & ORS 576.304
• Statutes/Other Implemented: ORS 292.495 & ORS 576.265
• OBC 2-2021, adopt filed 10/26/2021, effective 10/31/2021
• OBC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 02/28/2022

Or. Admin. R. 670-020-0140 Procedures for Expense Reimbursement

(1) A member must submit a written, itemized claim for reimbursement of actual and necessary travel or other expenses to the Oregon Blueberry Commission no later than the last day of the fiscal year in which the member incurred the expense. For example, a claim for compensation any time from July 1 through June 30 must be submitted by June 30 of that fiscal year. The claim for reimbursement must include the following information for each expense:

(a) Date on which the member incurred the expense;

(b) Nature of the expense; and

(c) Amount of the expense.

(2) An expense that exceeds $200.00 must be authorized by the Oregon Blueberry Commission before the member incurs the expense.

History

• Statutory/Other Authority: ORS 576.265 & ORS 576.304
• Statutes/Other Implemented: ORS 292.495 & ORS 576.265
• OBC 2-2021, adopt filed 10/26/2021, effective 10/31/2021
• OBC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 02/28/2022

Division 30 COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE

Or. Admin. R. 670-030-0010 Number of Commissioners, Terms

The Oregon Blueberry Commission will consist of nine (9) commissioners appointed by the Director of the Oregon Department of Agriculture for a term of three years or, if for a term following a prior term for that person, ending three years from the date of expiration of any prior term. No commissioner will serve for more than two full consecutive terms of office.

History

• Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576
• Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576
• OBC 1-2004, f. 1-12-04, cert. ef. 1-15-04

Or. Admin. R. 670-030-0020 Qualifications of Commissioners

Members of the Blueberry Commission will have the following qualifications, which will continue during the term of office of the member:

(1) One (1) member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of blueberries;

(2) Six (6) of the members will be blueberry producers;

(3) Two (2) of the members will be blueberry handlers.

History

• Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576
• Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576
• OBC 1-2004, f. 1-12-04, cert. ef. 1-15-04

Or. Admin. R. 670-030-0030 Removal of Commissioners

The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause, including the following reasons:

(1) Two (2) unexcused absences, or other neglect of duty in office;

(2) Use of the commission appointment for financial gain or to avoid financial detriment;

(3) Unauthorized use or disclosure of confidential information;

(4) Conduct in violation of Oregon government standards and practices laws;

(5) Misappropriation or misuse of commission funds;

(6) Failure to satisfy one or more qualifications for appointment;

(7) Not working for the positive economic benefit of the commodity.

History

• Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576
• Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576
• OBC 1-2004, f. 1-12-04, cert. ef. 1-15-04

Division 40 Public Records Requests

Or. Admin. R. 670-040-0010 Purpose of Public Request Processing Rules

(1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Blueberry Commission records and to prevent interference with the regular discharge of the commission duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478.

(2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311.

(3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OBC 1-2019, adopt filed 05/28/2019, effective 07/01/2019

Or. Admin. R. 670-040-0020 Request to Inspect or Make Copies of Public Records

(1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, and the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s).

(2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at P.O. Box 3366, Salem, OR 97302 or hand delivered to 4093 12th Street Cut Off SE, Salem, OR 97302.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OBC 1-2019, adopt filed 05/28/2019, effective 07/01/2019

Or. Admin. R. 670-040-0030 Commission Procedure for Responses to Public Records Requests

(1) The commission may request additional information or clarification from a requester of public records for the purpose of expediting the commission’s response to the request.

(2) Within five business days after receiving the request, the commission shall acknowledge receipt of the request or complete the response to the request. An acknowledgment under this subsection must:

(a) Confirm that the commission is the custodian of the requested record; or

(b) Inform the requester that the commission is not the custodian of the requested record; or

(c) Notify the requester that the commission is uncertain whether the commission is the custodian of the requested record.

(3) As soon as reasonably possible but not later than 10 business days after the date by which the commission is required to acknowledge receipt of the request the commission shall:

(a) Complete its response to the public records request; or

(b) Provide a written statement that the commission is still processing the request, including a reasonable estimated date by which the commission expects to complete its response based on the information currently available.

(4) The commission shall complete its response to a written public records request that is received by the Administrator/Public Records Information Officer as soon as practicable and without unreasonable delay. The commission’s response is complete when the commission:

(a) Provides access to or copies of all requested records within the possession or custody of the commission that the commission does not assert are exempt from public disclosure, or explains where the records are already publicly available; or,

(b) Names any exemptions from disclosure that the commission believes apply to any requested records and, if the commission cites ORS 192.355 (8) or (9), identifies the state or federal law that the commission relied on in asserting the exemption(s); or,

(c) Provides public records, or portions of public records, that are not exempt from records that are exempt from disclosure; or,

(d) To the extent that the commission is not the custodian of records that have been requested, provides a written statement to that effect; or,

(e) To the extent that state or federal law prohibits the commission from acknowledging whether any requested record exists or that acknowledging whether a requested record exists would result in the loss of federal benefits or imposition of another sanction, provides a written statement to that effect, citing the state or federal law that the commission relies on, unless the written statement itself would violate state or federal law; or

(f) If the commission asserts that one or more requested records are exempt from public disclosure, includes a statement that the requester may seek review of the commission’s determination pursuant to ORS 192.401, 192.411, 192.415, 192.418, 192.422, 192.427 and 192.431.

(5) If the public record is maintained in a machine readable or electronic form, the commission shall provide a copy of the public record in the form requested, if available. If the public record is not available in the form requested, the commission shall make the public record available in the form in which the public body maintains the public record.

(6) If in reviewing the request the commission determines that a fee will likely exceed $25, the commission shall estimate the allowable fee consistent with 670-040-0060 and provide the requester with a written notification of the estimated amount of the fee.

(7) The commission may, in the course of responding to any request, make good faith requests for clarification or additional information that will assist the commission in expediting its response to the request. If in reviewing the request the commission determines that a fee will likely exceed $250, the commission shall work with requester to refine the scope of the request or otherwise seek to reduce the cost of the request.

(8) The commission shall not proceed with processing any request until the requester provides payment, or the fee has been waived by the commission pursuant to 670-040-0060, or the fee otherwise has been ordered waived.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OBC 1-2019, adopt filed 05/28/2019, effective 07/01/2019

Or. Admin. R. 670-040-0040 Exceptions to Established Time Periods

(1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because:

(a) The staff or volunteers necessary to complete a response to the public records request are unavailable, on leave, or are not scheduled to work; or

(b) Compliance would demonstrably impede the commission’s ability to perform other necessary services; or

(c) Of the volume of public records requests being simultaneously processed by the commission.

(2) The commission shall make reasonable efforts to communicate to the requester the allowable reason(s) the commission may not be able to comply or has not complied with the time periods established in this division, and shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request.

(3) Once the commission has informed the requester of the estimated fee calculated in accordance with this 670-040-0050, the time periods set forth in this division are suspended until the requester has paid the fee, or the fee has been waived by the commission pursuant to 670-040-0060, or the fee otherwise has been ordered waived. The commission shall close the request if the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of the fee, or the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of its denial of the fee waiver.

(4) Once the commission has in good faith requested additional information or clarification regarding the request, the time periods set forth in this division are suspended until the requester provides the requested additional information or clarification or affirmatively declines to provide that information or clarification. The commission shall close the request if the requester fails to respond within 60 days to a good faith request from the commission for additional information or clarification.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OBC 1-2019, adopt filed 05/28/2019, effective 07/01/2019

Or. Admin. R. 670-040-0050 Fee for Cost of Making Public Records Available

(1) The following fees are reasonably calculated to reimburse the commission for the commission’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request.

(a) Records search by clerical staff @ $25.00 per hour;

(b) Records search by managerial staff @ $40.00 per hour;

(c) Records search by professional or legal staff @ $75.00 per hour;

(d) Copies @ current state printing & distribution price list;

(e) Media @ statewide price agreement;

(f) Postage @ current postal rates;

(g) If the request appears to require commission services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the commission.

(2) If the commission can fulfill a request for records using less than 30 minutes of staff time, the commission shall not charge the requester.

(3) All or a portion of fees may be waived as provided in 670-040-0060.

(4) The commission may also include in the fee an estimate of the actual cost of anticipated time spent by an attorney for the commission in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The fee shall not include the cost of time spent by an attorney for the commission in determining the application of the provisions of ORS 192.311 to 192.478.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OBC 1-2019, adopt filed 05/28/2019, effective 07/01/2019

Or. Admin. R. 670-040-0060 Fee Waiver or Reduction

(1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form available from the Oregon Blueberry Commission to the commission at the address provided in 670-040-0020.

(2) The commission may furnish copies without charge or at a substantially reduced fee if the commission determines that a fee waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public.

(3) To determine whether to waive or reduce fees, the commission shall utilize the Public Interest Evaluation Form as provided in DAS policy 107-001-030.

(4) The reduced fee schedule is that listed in Department of Administrative Services policy 107-001-030:

(a) Clerical: $20 per hour;

(b) Managerial: $32 per hour;

(c) Professional: $60 per hour;

(d) Department of Justice, special attorney or other applicable legal fees;

(e) Copies, media, and postage fees will be based on current rates.

History

• Statutory/Other Authority: ORS 192.318(2), ORS 576.304(14), ORS 183
• Statutes/Other Implemented: ORS 192.324, ORS 192.329
• OBC 1-2019, adopt filed 05/28/2019, effective 07/01/2019