Oregon Administrative Rules Chapter 611 - DEPARTMENT OF AGRICULTURE, OREGON RASPBERRY AND BLACKBERRY COMMISSION
What is OAR Chapter 611 — Oregon Raspberry and Blackberry Commission
This chapter is part of the Oregon Administrative Rules under the Department of Agriculture. Its purpose is to regulate the Oregon Raspberry and Blackberry Commission (a commodity commission), including assessments, governance, public records, compensation, and procedural rules.
The commission’s statutory authority comes from the Oregon Revised Statutes (ORS) dealing with commodity commissions, caneberries, assessments, etc.
Key Divisions & Provisions
Chapter 611 is organized into several divisions. Here are the main ones with highlights:
| Division | Purpose / Subject Area | Key Rules / Provisions |
|---|---|---|
| Division 1 – Procedural Rules | How the Commission makes rules, notices, rulemaking procedures. | E.g. OAR 611‑001‑0000 requires notice of intended rulemaking: in the Secretary of State’s Bulletin, mailing to interested persons, to legislators, press, etc. OregonLaws |
| Division 10 – Reporting and Payment of Assessment | Defines assessments levied on producers/handlers; reporting obligations. | Definitions of “producer”, “handler”; “first purchaser”; “casual sale”; assessments must be reported and paid under specified rules. OregonLaws+2OregonLaws+2 |
| Division 20 – Public Records Requests | How the public can request records, what rules apply, exemptions, fee waivers. | Purpose is tied to ORS governing public records (e.g. ORS 192.324 etc.). Procedures for denial, fee waiver or reduction. OregonLaws+1 |
| Division 30 – Commission Make‑Up, Terms, Qualifications, Removal | Governance of the Commission: how many commissioners, qualifications, removal, officer positions. | The commission has nine members appointed by the Director of the Oregon Department of Agriculture for three-year terms. OregonLaws; Qualifications: producers, handlers, public member; majority producers; two handlers; one public member. OregonLaws+1; Officers (Chair, Vice, Secretary‑Treasurer), their duties. OregonLaws |
| Division 40 – Per Diem Compensation | Compensation for non‑qualified members, reimbursement, per diem rules. | Non‑qualified members (i.e., those not in full‑time public service) may receive per diem equal to Legislative Assembly members under ORS 171.072, if budgeted. Travel/expense reimbursement. They may decline such compensation. Justia+1 |
Important Definitions
Some of the definitions that the rules use are crucial for understanding who is covered and subject to assessments, participation etc.:
Producer: A person or entity producing caneberries in Oregon for market. OregonLaws+1
Handler: Any person involved in handling, distributing, or marketing caneberries. OregonLaws+1
Caneberries: Defined to include trailing berries species such as Rubus hybrids (Boysen, Logan, Marion), evergreen thornless blackberry, red raspberry, blackcap raspberry etc. OregonLaws
Casual Sale: A producer’s direct sale to consumers where total sales in a calendar year do not exceed 5,000 lbs. OregonLaws
Procedures & Governance
Rulemaking must follow specific notice procedures to ensure transparency and participation: notice in the Bulletin, mailing to stakeholders, legislators, newspapers in production areas, etc. OregonLaws
Commissioners are appointed by the Department of Agriculture; terms are three years. OregonLaws
Officers (Chair etc.) are elected annually among the Commission from its membership. Duties for officers are specified. OregonLaws
Non‑qualified members (i.e. not public employees or full‑time public service) may receive per diem and reimbursement, subject to budget availability. Justia
Enforcement / Assessments
Producers and handlers are required to report assessments, presumably based on the volume or similar metric of caneberries sold or handled, though the detailed formula is not always spelled out in every section of the rules. OregonLaws+1
The rules do allow for “casual sales” exemptions below a threshold. OregonLaws
Case Law: What is Known
After review of available legal databases and reported opinions, no specific Oregon case law has been found that directly interprets or litigates Chapter 611 of the Oregon Administrative Rules, i.e.:
No reported lawsuit where a producer challenged the Commission’s assessment under these rules.
No judicial decisions interpreting, for example, what qualifies as “casual sale” under the 5,000 lbs rule in these exact regulations.
No cases reported on challenges to Commission membership qualification under OAR 611‑030‑0020.
That suggests either that disputes under this set of rules either do not frequently lead to litigation, or they settle without leading to published opinions.
Potential Legal Issues / Points of Dispute
While no reported cases have emerged, the rules raise issues that could result in legal disagreement. Some possible points:
Definition disputes – For example, whether a particular grower qualifies as a “producer” or “handler” under the definitions given; or whether their sales are “casual sales.”
Assessment fairness – Disagreements over how the assessments are calculated, whether the assessments are applied correctly, whether payments or reporting obligations are properly enforced.
Rulemaking procedure compliance – If the Commission adopts a new rule or amends an existing one, whether it followed the procedural rules (notice periods, stakeholder communication) as required under OAR 611‑001‑0000.
Public records requests – Possible disputes over access to records, whether certain records are exempt, whether fees are proper, etc., in accordance with the public records division.
Removal or qualification of Commissioners – Challenges to whether a particular Commissioner qualifies under the rule, or whether removal procedures were correctly followed.
Compensation / budget constraints – Disputes whether funds are available for per diem compensation; or whether certain members are eligible under the “non‑qualified member” language.
Summary
Scope: OAR Chapter 611 governs how the Oregon Raspberry and Blackberry Commission operates: its rules for making rules, how it is composed, how assessments are handled, public records, and compensation.
Transparency: The rules have built‑in notice requirements and public record rules to ensure accountability.
Governance: The Commission is structured with producers, handlers, and a public member.
Compensation: Non‑qualified members can be paid, but only under certain conditions.
Case Law: As of now, there does not appear to be any published court cases interpreting these rules directly.
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