Oregon Administrative Rules Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION
Here’s a structured overview of Chapter 646 – Department of Agriculture, Oregon Salmon Commission (OAR):
📘 Structure of Chapter 646
It consists of five main divisions:
Division 1 – Procedural Rules (§ 646‑001‑0000)
Division 10 – Reporting & Payment of Assessments (§ 646‑010‑0005 to .0030)
Division 20 – Public Records Requests (§ 646‑020‑0010 to .0060)
Division 30 – Commission Composition & Governance (§ 646‑030‑0010 to .0040)
Division 40 – Commissioner Per Diem & Reimbursements (§ 646‑040‑0000 to .0020+) (regulations.justia.com, records.sos.state.or.us)
🔧 Division Descriptions
Division 1 – Procedural Rules (§ 646‑001‑0000)
Outlines how the Commission issues notices for rulemaking: publishes in the Secretary of State’s Bulletin at least 21 days before rules take effect, sends notices to mailing list 28 days prior, and to legislators 49 days prior, plus press and associations (records.sos.state.or.us).
Division 10 – Reporting & Payment of Assessments (§ 646‑010‑0005 to .0030)
Definitions: Defines key terms like Person, First Purchaser, Fisherman, Salmon (including pink, chum, coho, sockeye, chinook), and Casual Sale (≤100 lb/year direct consumer sales) (records.sos.state.or.us).
Assessment Rate: First purchasers deduct 1.5% from ex‑vessel value of troll-caught ocean salmon landed in Oregon; casual sales are exempt (records.sos.state.or.us).
Reporting Rules: Monthly reports and payments are due by the 20th of following month; final reports marked “FINAL REPORT FOR THIS YEAR.” Out‑of‑state purchasers must remit directly if they don’t withhold (records.sos.state.or.us).
Penalties: Late remittances subject to 10% first‑month penalty, then 1.5% per month per ORS 576.355 (records.sos.state.or.us).
Effective Date: Applies to salmon purchased/delivered July 1, 1984 onward (records.sos.state.or.us).
Exclusions: No assessment on salmon donated to non-profit with proof and quantity provided (records.sos.state.or.us).
Division 20 – Public Records Requests (§ 646‑020‑0010 to .0060)
Enables public to request Commission records under Oregon’s public-records law. (Sections not detailed in current summary) (oregon.public.law).
Division 30 – Commission Composition (§ 646‑030‑0010 to .0040)
Commissioners—nine total—are appointed by the Director of the Oregon Department of Agriculture for four-year terms; re-appointments continue term from expiration of prior term (records.sos.state.or.us).
Qualifications: Defines producer and handler, requiring three-year history of assessment involvement (records.sos.state.or.us).
Contains rules on removal procedures and election of officers (Chair, etc.) .
Division 40 – Per Diem & Reimbursements (§ 646‑040‑0000 to .0020+)
Per Diem: Commissioners not in full-time public service receive up to $100/day for official duties, claims due mid-month after quarter (records.sos.state.or.us).
Travel Expenses: Reimbursable when supported by itemized claims .
Substitute Reimbursement: Covers cost of substitute performing personal duties when commissioner attends official duty and personal duties can't wait (records.sos.state.or.us).
✅ Summary Table
| Division | Contents |
|---|---|
| 1 | Rulemaking process & notices |
| 10 | Assessments (1.5%), reporting, payment, penalties, exemptions |
| 20 | Public access to records |
| 30 | Commission structure, terms, qualifications |
| 40 | Pay and expense reimbursement for commissioners |
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