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been withdrawn or successfully appealed.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.
