Or. Admin. Code § 669-010-0025 - Reports and Payment of Assessment Moneys
(1) First purchasers and handlers must submit
completed and signed assessment reports on commission approved forms.
Assessment reports will include all purchases or deliveries to a first
purchaser or handler of sweet cherries (net paid weight). The assessments will
be reported as follows:
(a) Cherries destined
for fresh market that were purchased or delivered, the assessment report is due
in the commission office postmarked on or before October 1st. If a final report
cannot be completed within this time frame an estimated report is due by the
date specified above. If an estimate is used, the final report is due by
November 1st. (Also see item 4 below.)
(b) Cherries destined for brining, canning,
and or freezing that were purchased or delivered to the first purchaser before
December 1st, the assessment report is due in the commission office postmarked
on or before December 15th. Cherries destined for brining, canning, and or
freezing that were purchased or delivered to the first purchaser after December
1st, the assessment report is due in the commission office postmarked on or
before May 15th.
(2)
When a first purchaser or handler has completed, signed, and forwarded a report
covering his or her final purchase of sweet cherries for the crop season, he or
she may mark such report in large letters "FINAL REPORT FOR THIS CROP SEASON."
No further reports are necessary by such first purchaser unless or until
additional purchases are made.
(3)
When a first purchaser lives or has his or her office in another state, or is a
federal or governmental agency, the producer will report to this Commission all
sales made to such purchaser as required by section (1) of this rule and will
pay the assessment directly to the Commission, unless such first purchaser
voluntarily makes the proper deduction and remits the proceeds to this
Commission.
(4) At the time that
reports are due the Commission from the first purchaser or first handler, as
required in section (1) of this rule, the first purchaser or first handler will
attach or forward payment to the Commission for the assessment due as set forth
in each such report. If an estimated report is used the payment accompanying it
must equal a minimum 75% of the total assessments due for the crop year as
calculated in the final report to avoid penalty and interest for late payment.
The forms will be signed by the first purchaser or first handler and completely
filled out, and will include, in addition to all other required information and
figures, the name and complete mailing address of each producer, the crop year,
the tonnage and amount of assessment deducted and withheld.
(5) Any producer who performs the handling or
processing functions on all or part of his or her production of the commodity,
which normally would be performed by another person as the first purchaser
thereof, will report his or her sales of such commodity of his or her own
production on forms provided by, and pay the assessment moneys directly to, the
Commission, unless the first purchaser from such producer voluntarily makes the
proper deduction and remits the proceeds to the Commission. (Examples would be
the sale by a producer direct to a peddler, to a retail store, etc.)
Notes
Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
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