As used in these regulations, unless the context requires
(1) "Dealer" has the same
meaning provided under ORS
who has bought product in the prior year respective to the specific seafood
species under price negotiations.
(2) "Parties" or "party" to the supervised
negotiations means an Oregon seafood harvester association or cooperative that
represents Oregon seafood harvesters as defined in ORS
646.515, and dealers who
purchase Oregon seafood who voluntarily participate in the regulatory program
to negotiate a season starting price.
(3) "Mediate" or "mediation" has the same
meaning as ORS 36.110(6)
(4) "Price negotiation," "negotiate," or
"bargain" means to discuss the terms of a season starting price and the
associated time for which the price is in effect, and related issues, with the
objective of coming to terms on issues.
(5) "Director" means the Director of
Agriculture or a designee of the Director of Agriculture.
(6) "Department" means the Oregon Department
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 seafood harvester associations or
cooperative representatives for the purpose of arriving at a negotiated season
starting price and related terms for the sale of Oregon seafood from harvesters
(8) "Negotiated price"
means the proposed season starting price and related time period and other
terms agreed upon by representatives of seafood harvesters and seafood dealers
who participate in the price negotiations supervised by the Oregon Department
price" means the price set and approved by the Director as the season starting
price for which the specific seafood identified in the negotiations shall be
sold to dealers who have participated in the negotiations, and harvesters who
will deliver the specific seafood, effective over the time period negotiated by
the parties and approved by the department.
(10) "State action immunity" means immunity
from 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 seafood industry is displaced by
regulations and active state supervision in accordance with ORS
(11) "Regulatory 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 negotiate a proposed season opening
price and associated terms of seafood commodities harvested and sold to dealers
who participate in the negotiations.