Or. Admin. Code § 603-047-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-047-0010 - Definitions

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 It does not include a notice that has been withdrawn or successfully appealed.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.

Or. Admin. Code § 603-047-0010

DOA 31-2012, f. & cert. ef. 12-21-12

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