OAR 603-076-0005
Definitions
(1)
“Dealer” and “grass seed dealer” has the same meaning provided by the definition of grass seed dealers under ORS 646.515 (Definitions for ORS 646.515 to 646.545)(3).(2)
“Grower Bargaining Association” refers to any growers association legally organized in accordance with Federal Capper-Volstead Laws (7 U.S.C. 291-292) and state law (ORS 646.515 (Definitions for ORS 646.515 to 646.545) to 646.545 (Remedy for unfair trade practices)) for incorporation as a grower cooperative or bargaining unit for perennial ryegrass, annual ryegrass, or tall fescue grass seed.(3)
“Mediate” or “mediation” has the same meaning as ORS 36.110 (Definitions for ORS 36.100 to 36.238)(5).(4)
“Price negotiation,” “negotiate,” or “bargain” means to discuss the terms of a contract price and related issues, and attempt to come to terms.(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 grower representatives of a grower bargaining association for the purpose of arriving at a negotiated price for the sale of seed under production contracts meeting quality standards developed by the association (such as TournamenT® Quality for perennial ryegrass).(8)
“Negotiated price” means the proposed price agreed upon by representatives of a grower bargaining association and seed dealers for production contracted seed meeting standards developed by the association (such as TournamenT® Quality for perennial ryegrass).(9)
“Established price” means the price set and approved by the Director as the minimum price at which production contracted seed meeting standards developed by the growers association shall be sold to seed dealers.(10)
“TournamenT® Quality perennial ryegrass seed” means turf-type perennial ryegrass seed produced by a member of the PRBA meeting TournamenT® Quality mechanical standards, each lot of which meets the Oregon certified mechanical standards (for purity and germination) and which lot is free, in a 5-gram sample, of contaminatton of certain grasses classified as “coarse grasses” or “undesirable grass seed (UGS)” which include the following species: bentgrass, bermudagrass and giant bermudagrass, Poa trivialis, meadow fescue, orchardgrass, redtop, timothy, velvetgrass, and grass of the bromus and wheatgrass species; and which lot is free, in a 50-gram ample, of Poa annua and noxious eeds listed in the Oregon Seed Certification Handbook.(11)
“State action immunity” means immunity 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 perennial ryegrass industry is displaced by regulations and active state supervision in accordance with ORS 62.015 (Definitions), 62.845, 62.848, 646.535 (Unfair trade practices prohibited) and 646.740 (Permitted activities).(12)
“Parties” or “party” means grass seed producers, grass seed grower associations, grass seed cooperatives, or seed dealers who are participants in the state regulatory program for establishing prices on grass seed produced in Oregon.(13)
“Bargaining Council” means the collective group of dealers and growers from the bargaining association, who voluntarily meet under the auspices of the department for the purposes of price negotiations.(14)
“Regulatory program” means the state regulatory program described in ORS 62.015 (Definitions), 62.845, 62.848, 646.535 (Unfair trade practices prohibited) and 646.740 (Permitted activities) that is actively supervised by the Director of Agriculture, and that authorizes parties to engage in bargaining and negotiations to establish the price and terms of grass seed products produced under contract and sold to seed dealers.
Source:
Rule 603-076-0005 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=603-076-0005.