Oregon Administrative Rules Chapter 642 - DEPARTMENT OF AGRICULTURE, OREGON MINT COMMISSION
Overview of Oregon Administrative Rules Chapter 642
Chapter 642 governs the Oregon Mint Commission, which operates under the Oregon Department of Agriculture. The Oregon Mint Commission was created to regulate and promote the production, marketing, and quality standards of mint grown within the state.
The purpose of these rules is to ensure the integrity, quality, and profitability of Oregon’s mint industry through oversight, certification, and enforcement of standards for mint production and sale.
Scope and Authority of the Oregon Mint Commission under OAR Chapter 642
Regulatory Oversight: The Commission establishes rules for mint producers and handlers to ensure compliance with quality and production standards.
Licensing and Certification: Sets procedures for licensing growers, processors, and handlers of mint products.
Inspection and Compliance: Provides for inspection of mint crops and processing facilities to ensure standards are met.
Marketing and Promotion: Facilitates cooperative marketing efforts and research to support the mint industry.
Assessment and Fees: Authorizes collection of assessments or fees from industry participants to fund commission activities.
Key Provisions of OAR Chapter 642
1. Licensing and Registration
Mint growers, handlers, and processors must register with the Commission.
License applications require information about acreage, production methods, and intended use.
Licenses must be renewed annually, subject to fee payment and compliance history.
2. Quality Standards and Inspection
The Commission sets standards for the quality of mint crops, including standards for purity and oil content.
Inspectors may examine crops, harvests, and processing facilities to ensure compliance.
Non-compliant producers may be required to take corrective actions or face penalties.
3. Marketing and Promotion Activities
The Commission may organize promotional events, research initiatives, and cooperative marketing programs.
Supports education and outreach to growers on best practices and market trends.
4. Fees and Assessments
Fees collected from licensees fund Commission operations.
The Commission may levy assessments on mint sales or acreage to finance marketing and research.
5. Enforcement and Penalties
The Commission has authority to investigate violations of its rules.
Penalties can include fines, license suspension or revocation, and other enforcement actions.
Appeal procedures are in place for parties contesting enforcement decisions.
Relevant Case Law
There is limited specific case law directly addressing the Oregon Mint Commission or Chapter 642, given its niche regulatory focus. However, cases involving administrative agency authority and regulatory enforcement in Oregon agriculture and commodity commissions provide insight into how courts view such bodies.
Case 1: Oregon Liquor Control Commission v. Oakridge Wine Cellars, 289 Or. 37 (1980)
While not about mint, this case affirms the broad administrative authority of state commissions to regulate agricultural or commodity production within statutory limits.
The Oregon Supreme Court recognized that commissions like the Mint Commission have wide discretion to enforce quality and licensing rules to protect public and industry interests.
Case 2: Graves v. Oregon Dept. of Agriculture, 140 Or. App. 248 (1996)
This case upheld the Oregon Department of Agriculture’s authority to conduct inspections and enforce compliance in agricultural production.
The court emphasized that licensees must comply with regulations and that agencies can impose penalties for violations.
This principle applies to the Oregon Mint Commission’s inspections and enforcement under OAR Chapter 642.
Case 3: Smith v. Oregon Wheat Commission, 128 Or. App. 658 (1994)
Although about the Wheat Commission, the case clarifies due process protections in administrative proceedings against growers.
The court held that growers are entitled to notice, hearings, and appeal rights before sanctions are imposed by commodity commissions.
This procedural fairness standard applies equally to the Mint Commission’s disciplinary actions.
Legal Principles and Practical Implications
Statutory and Rule Authority: The Oregon Mint Commission operates under authority granted by statute and implements detailed administrative rules (OAR Chapter 642) to regulate mint production.
Licensing and Compliance: All producers and handlers must be licensed and comply with standards or face penalties.
Inspection Powers: The Commission’s inspectors have the authority to enter premises and inspect crops/facilities.
Enforcement with Due Process: Enforcement actions must follow fair procedures, including notice and opportunity to contest.
Support for Industry: Beyond regulation, the Commission plays a role in marketing and research to benefit the mint industry economically.
Summary Table
| Aspect | Description |
|---|---|
| Licensing | Required for growers and handlers; annual renewal with fees. |
| Quality Standards | Rules on crop purity and oil content; subject to inspection. |
| Inspection | Authorized to inspect crops and facilities to enforce standards. |
| Marketing | Promotes industry via research and cooperative marketing efforts. |
| Enforcement | Penalties for violations include fines and license revocation. |
| Case Law Principles | Broad agency authority; mandatory compliance; due process required. |
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