The following definitions will apply to division 10 and division 30 Administrative Rules of the Oregon Sheep Commission.
(1) “Person” means any individual, group of individuals, corporation, association, partnership, [or] joint stock company, or any other legal entity.
(2) “Commission” means the Oregon Sheep Commission.
(3) “Handler” means any processor, distributor, auction market, or other person engaged in handling or marketing sheep, whether as owner, agent, employee, broker, or otherwise, who buys sheep from a producer and receives sheep in the first instance from a producer for resale or processing.
(4) “Producer” means any person, as defined in OAR 644-010-0005(1), who raises, breeds, and produces sheep for sale, including anyone who markets sheep or sheep products of that person’s own production directly to consumers.
(5) “Sheep” means an animal of the ovine species, regardless of age, including rams and ewes.
(1) Each handler making payment to a producer shall deduct an assessment of $0.50 per head from the sale of each live sheep sold by the producer and remit the assessment of $0.50 per head to the Oregon Sheep Commission at quarterly intervals as defined by OAR 644-010-0015(1). If the handler is receiving sheep for resale, the assessment shall be forwarded to subsequent purchaser. The assessment will be remitted by the final handler at time of final harvest.
(2) Each person processing or causing to be processed sheep of that person’s own production shall pay an assessment at the rate of $0.50 per head to the Oregon Sheep Commission for each live sheep sold for slaughter or custom processing. The assessment shall be remitted to the Commission at quarterly intervals as defined by OAR 644-010-0015(1).
(3) A producer who markets sheep to an out-of-state handler is responsible to remit the
assessment of $0.50 per head to the Commission as required by ORS 576.345, unless the subsequent purchaser voluntarily agrees to deduct the assessment of $0.50 per head from the proceeds owed to the producer and to remit to the Oregon Sheep Commission as specified under OAR 644-010-0015.
(4) The assessment will be collected on any sheep that has been fed or grazed in Oregon for at least 30 consecutive days during the preceding 12 months prior to the date of sale.
Reports and Payment of Assessment Moneys
(1) Handlers shall remit collected assessments on a quarterly basis, with a completed and signed assessment report on commission approved forms. The information specified in OAR 644-010- 0015(3) may be provided in a separate printed report, if accompanied by a signed commission approved assessment form. Assessment reports shall include all purchases by or deliveries to a handler of sheep. Quarterly assessment reports are due in the commission office postmarked on or before the 10th day of the month following the end of the quarter. Quarterly assessments shall be reported as follows.
(a) January, February, March assessments report must be postmarked on or before April 10th;
(b) April, May, June assessments report must be postmarked on or before July 10th;
(c) July, August, September assessments report must be postmarked on or before October 10th;
(d) October, November, December assessments report must be postmarked on or before January 10th.
(2) If the producer sells, ships, or otherwise disposes of sheep to any person outside Oregon, the producer shall deduct the assessment of $0.50 per head from the proceeds owed to the producer and remit to the Commission at quarterly intervals as specified in OAR 644-010-0015(1).
(3) Each person collecting the assessment must provide to the person from whom the assessment was deducted a receipt including:
(a) Name and address of the person collecting the assessment, (b) Date of sale,
(c) Name and address of the person who paid the assessment, (d) Number of head of sheep sold, and
(e) Total assessment paid by the producer.
(1) A handler who delays transmittal of funds to the Commission beyond the time specified in OAR 644-010-0015(1) 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.
(2) By majority vote, the Commission may waive or adjust penalties for good cause or if the assessment is deemed uncollectible.
Effective Dates of Assessment
The assessment to be withheld and paid by a handler, processor, distributor, auction market, or other person engaged in handling or marketing sheep shall begin with sheep purchased or sold on or after July 1, 2014.
Qualifications of Commissioners
(1) For purposes of this rule:
(a) A producer member of the Commission must have paid the commission assessment, if any, on the commodity in each of the preceding three calendar years.
(b) A handler member of the Commission must have collected the commission assessment, if any, each of the preceding three calendar years.
(2) Members of the Commission will have the following qualifications, which will continue during the term of office of the member:
(a) One 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 sheep,
(b) One member will be a handler;
(c) The remaining members will be producers.