Oregon Administrative Rules Chapter 670 - DEPARTMENT OF AGRICULTURE, OREGON BLUEBERRY COMMISSION
Overview of Oregon Administrative Rules Chapter 670 — Oregon Blueberry Commission
Chapter 670 governs the Oregon Blueberry Commission (OBC), a regulatory and promotional body operating under the Oregon Department of Agriculture (ODA). The Commission’s mission is to support Oregon's blueberry industry by regulating production standards, facilitating marketing efforts, encouraging research, and ensuring fair practices among growers and handlers.
The Commission’s authority stems from Oregon statutes empowering commodity commissions to oversee specific agricultural sectors.
Purpose and Authority of the Oregon Blueberry Commission
Regulation and Promotion: The OBC oversees quality control, marketing, research, and education related to Oregon blueberries.
Licensing and Registration: Requires growers and handlers of blueberries to register and pay assessments.
Assessment Collection: Fees collected fund marketing campaigns, research projects, and administrative costs.
Inspection and Enforcement: The Commission inspects blueberry crops and facilities for compliance with standards.
Dispute Resolution: Provides mechanisms for complaints, investigations, and administrative hearings related to violations.
Key Provisions of OAR Chapter 670
1. Licensing and Registration
Blueberry growers and handlers must register annually with the Commission.
Registration requires submission of production volume and acreage data.
Licenses may be denied or revoked for failure to comply with Commission rules.
2. Assessments and Fees
The Commission imposes fees based on volume or acreage to finance its activities.
Fees must be paid timely; nonpayment can result in penalties or suspension of registration.
3. Quality Standards and Inspection
The Commission sets minimum quality standards related to blueberry production and handling.
Inspectors may conduct field and facility inspections to verify compliance.
Noncompliance can lead to corrective orders or sanctions.
4. Marketing, Research, and Education
Funds from assessments are allocated to market Oregon blueberries both domestically and internationally.
Supports research on disease control, cultivation methods, and post-harvest handling.
Provides educational outreach to growers to promote best practices.
5. Enforcement and Appeals
The Commission investigates complaints of violations or unfair practices.
Enforcement actions include fines, suspension, or revocation of licenses.
Parties subject to enforcement have rights to administrative hearings and appeals per Oregon Administrative Procedures Act.
Relevant Case Law and Legal Principles
Although there is limited case law specific to the Oregon Blueberry Commission, analogous cases involving agricultural commodity commissions and administrative law provide important precedents.
Case 1: Oregon Liquor Control Commission v. Oakridge Wine Cellars, 289 Or. 37 (1980)
This case confirms the broad regulatory powers of state commissions, including those regulating agricultural commodities like blueberries.
Courts uphold commissions’ ability to enforce rules and collect assessments provided they act within statutory authority.
Case 2: Graves v. Oregon Dept. of Agriculture, 140 Or. App. 248 (1996)
Validates ODA’s authority, including subordinate commissions, to inspect and enforce regulations to ensure agricultural product quality and public trust.
Emphasizes the necessity of inspections and compliance in maintaining industry standards.
Case 3: Smith v. Oregon Wheat Commission, 128 Or. App. 658 (1994)
Highlights procedural due process rights in administrative enforcement by commodity commissions.
Affirms that licensees or registrants must be afforded notice and opportunity to be heard before sanctions.
Legal and Practical Implications
Mandatory Registration and Fees: Blueberry growers and handlers must comply with registration and fee requirements to lawfully operate.
Inspection Compliance: Compliance with inspections and quality standards is critical to avoid penalties.
Enforcement with Due Process: The Commission must follow procedural rules ensuring fair treatment in disciplinary actions.
Promotion and Research: Assessment funds support industry-wide efforts to enhance market presence and production practices.
Commission’s Broad Authority: Courts generally uphold the Commission’s rulemaking and enforcement powers when exercised within legal bounds.
Summary Table
| Aspect | Description |
|---|---|
| Licensing/Registration | Annual registration and reporting of production data required. |
| Assessments/Fees | Fees based on volume/acreage finance Commission activities. |
| Quality Standards | Minimum production and handling standards subject to inspection. |
| Marketing/Research | Funds used for promotion and research supporting growers. |
| Enforcement | Investigation, penalties, and hearings for regulatory compliance. |
| Case Law Principles | Broad authority; inspection rights; due process in enforcement. |
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