As used in these regulations, unless the context requires
(1) "Dealer" and "grass
seed dealer" has the same meaning provided by the definition of grass seed
dealers under ORS 646.515(3).
"Grower Bargaining Association" refers to
any growers association legally organized in accordance with Federal
Capper-Volstead Laws (
) and state law (ORS 646.515
) for incorporation as a
grower cooperative or bargaining unit for perennial ryegrass, annual ryegrass,
or tall fescue grass seed.
"Mediate" or "mediation" has the same meaning as ORS
(4) "Price negotiation," "negotiate," or
"bargain" means to discuss the terms of a contract price and related issues,
and attempt to come to terms.
"Director" means the Director of Agriculture or a designee of the Director of
(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.
"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
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,
(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
program" means the state regulatory program described in ORS
646.740 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.