OAR 603-076-0016: Purpose and Scope of Active State Supervision of Grass Seed Price Negotiations

(1) It is the intent of the grass seed price negotiations to displace competition in the annual ryegrass seed, perennial ryegrass seed, and tall fescue seed industries to a limited degree as allowed by these rules. Active supervision is provided for the limited purpose of allowing the parties to bargain collectively and to arrive at a proposed price for the sale of production contracted seed by the growers to the dealers. A proposed price is not effective unless and until it is approved by the Director in a price order, at which point it becomes the established price. (2) As part of active supervision, the department shall: (a) Organize and attend all meetings of the Bargaining Council and the Planning Committee; (b) Create and maintain minutes of all meetings of the Bargaining Council and the Planning Committee. Bargaining Council and Planning Committee meetings are not subject to the Oregon Public Meetings Law; however, the minutes of these meetings are public records; (c) Assist in disseminating credible information to the Bargaining Council by collecting data from parties and other relevant sources, including, but not limited to: acres under contract, inventory, yields, import/export information, and market issues; (d) Monitor and facilitate the negotiations regarding the process to create an established price; and (e) Compel the parties to take whatever action (including, but not limited to, exclusion from ongoing or future negotiations) the Director considers necessary to: (A) Ensure that the parties are engaging in conduct that is authorized under state and federal law; (B) Ensure that the policies of this state are being fulfilled under the regulatory program; and (C) Enjoin conduct by any of the parties that is not authorized by the Director or conduct that the Director finds does not advance the interests of this state in carrying out the regulatory program. (3) The department shall keep proprietary information confidential to the extent permitted by the Oregon Public Records Law or to the extent otherwise possible (as determined by the department) as the department carries out its legal obligations, including in litigation and in contested cases.