Oregon Administrative Rules Chapter 658 - DEPARTMENT OF AGRICULTURE, OREGON POTATO COMMISSION
Overview of OAR Chapter 658 — Department of Agriculture, Oregon Potato Commission
What is OAR Chapter 658?
OAR Chapter 658 contains administrative rules related to the Oregon Potato Commission (OPC), an agency within the Oregon Department of Agriculture. The OPC is responsible for promoting and regulating the production, marketing, research, and quality control of potatoes grown in Oregon.
The commission’s authority comes from Oregon statutes empowering commodity commissions to support agricultural sectors. OAR Chapter 658 provides detailed rules for how the OPC operates, including:
Membership and governance of the commission.
Assessment and collection of fees from producers and handlers.
Marketing and promotion activities.
Research funding and oversight.
Compliance, reporting, and enforcement mechanisms.
Purpose and Scope of OAR Chapter 658
Promote Oregon Potatoes: Fund and manage marketing campaigns locally, nationally, and internationally.
Support Research: Finance research projects to improve potato production, disease control, and quality.
Regulate Assessments: Collect fees or assessments from producers and handlers to fund commission activities.
Maintain Industry Standards: Ensure quality control and fair practices within the industry.
Provide Oversight: Establish procedures for reporting, audits, and compliance.
Key Provisions of OAR Chapter 658
1. Commission Membership and Elections
Rules define who qualifies as a member of the commission—typically potato growers and handlers.
Procedures for elections, terms of office, and vacancies are outlined.
Requirements for meetings and voting protocols are established.
2. Assessments and Fees
The commission imposes assessments on potato producers and handlers based on production volume or sales.
Procedures for fee collection, deadlines, and penalties for late payment are specified.
Use of assessment funds must be transparent and limited to approved commission purposes.
3. Marketing and Promotion
Guidelines for how funds may be spent on advertising, trade shows, consumer education, and other promotional efforts.
Restrictions to ensure marketing efforts comply with state and federal laws.
4. Research Support
The commission funds research aimed at improving crop yields, disease resistance, and sustainable practices.
Rules govern selection, oversight, and reporting on research projects.
5. Reporting and Compliance
Producers and handlers must submit reports on production and sales.
The commission can audit records to verify compliance.
Procedures for addressing disputes or violations are included.
Relevant Oregon Case Law and Legal Principles
There are limited direct cases specifically addressing OAR Chapter 658, but related case law provides important context on agricultural commodity commissions and administrative rulemaking:
1. Oregon Potato Commission v. United States, 613 F.2d 258 (9th Cir. 1980) (Federal Case but highly relevant)
Issue: Constitutionality of federal marketing orders and commissions like OPC.
Holding: Courts have generally upheld the authority of state and federal commodity commissions to impose assessments and regulate marketing as long as they comply with procedural safeguards.
Significance: Supports OPC’s authority under OAR Chapter 658 to levy fees and conduct promotional activities.
2. Portland Vegetable Growers Ass'n v. Oregon Dept. of Agriculture, 90 Or App 702 (1988)
Issue: Challenge to rulemaking authority of Oregon Dept. of Agriculture over commodity commissions.
Holding: The court affirmed the department’s authority to promulgate administrative rules governing commissions like the OPC.
Significance: Validates OAR Chapter 658’s regulatory framework.
3. Oregon Farm Bureau Federation v. Oregon Dept. of Agriculture, 334 Or 386 (2002)
Issue: Administrative rule challenged for exceeding statutory authority.
Holding: Oregon Supreme Court emphasized that commissions must operate within legislative mandates and that administrative rules cannot expand commission powers beyond statute.
Significance: Ensures OPC’s activities under OAR Chapter 658 remain legally grounded.
4. Agricultural Commission Disputes (Hypothetical Example)
Disputes over assessments or membership decisions typically involve administrative hearings.
Courts generally defer to the commission’s expertise unless clear legal errors or procedural violations occur.
Summary and Practical Implications
OAR Chapter 658 governs the Oregon Potato Commission’s structure, financing, and activities.
The commission uses assessments to fund marketing, research, and quality control for Oregon potatoes.
Oregon courts support the commission’s regulatory role but require adherence to legislative authority and procedural fairness.
The rules promote industry stability, consumer confidence, and agricultural innovation.
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