As used in these regulations, unless the context requires
(1) "Blackberry dealer" and
"blackberry packer" means dealer as defined in ORS
or a licensed food processor that is a cooperative.
"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 blackberries.
(3) "Mediate" or "mediation" has the same
meaning as ORS 36.110(5).
(4) "Price negotiation," "negotiate," or
"bargain" means to discuss the terms of a contract price and related issues,
and attempt to come to agreement.
(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 grower representatives of a grower
bargaining association for the purpose of arriving at a negotiated price for
the sale of blackberries under production contracts or other arrangements that
meet standards established by the Blackberry Bargaining Council.
(8) "Negotiated price" means the proposed
price for blackberries agreed upon by representatives of a grower bargaining
association and blackberry dealers.
(9) "Established price" means the price set
and approved by the Director as the price at which blackberries produced by
grower members of the bargaining association shall be sold to dealers.
(10) "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 blackberry industry in Oregon is displaced
by regulations and active state supervision in accordance with ORS
(11) "Parties" or "party" means blackberry
producers, blackberry grower associations, blackberry processing or marketing
cooperatives, or blackberry dealers who are participants in the state
regulatory program for establishing prices on blackberries produced in
(12) "Blackberry Bargaining
Council" means the collective group of blackberry dealers and blackberry
growers from the bargaining association, who voluntarily meet under the
auspices of the department for the purposes of price negotiations.
(13) "Regulatory program" means the state
regulatory program described in ORS
646.535 and 646.740that 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
blackberry products produced under contract or other terms and sold to