OAR 603-076-0051: Definitions

As used in these regulations, unless the context requires otherwise: (1) “Dealer” has the same meaning provided under ORS 646.515(3), and who has bought product in the prior year respective to the specific seafood species under price negotiations. (2) “Parties” or “party” to the supervised negotiations means an Oregon seafood harvester association or cooperative that represents Oregon seafood harvesters as defined in ORS 646.515, and dealers who purchase Oregon seafood who voluntarily participate in the regulatory program to negotiate a season starting price. (3) “Mediate” or “mediation” has the same meaning as ORS 36.110(6). (4) “Price negotiation,” “negotiate,” or “bargain” means to discuss the terms of a season starting price and the associated time for which the price is in effect, and related issues, with the objective of coming to terms on issues. (5) “Director” means the Director of Agriculture or a designee of the Director of Agriculture. (6) “Department” means the Oregon Department of Agriculture. (7) “Active supervision,” “active state supervision,” and “actively supervise” means the Department's regulatory oversight of the price discussions among dealers, and price negotiations between dealers and seafood harvester associations or cooperative representatives for the purpose of arriving at a negotiated season starting price and related terms for the sale of Oregon seafood from harvesters to dealers. (8) “Negotiated price” means the proposed season starting price and related time period and other terms agreed upon by representatives of seafood harvesters and seafood dealers who participate in the price negotiations supervised by the Oregon Department of Agriculture. (9) “Established price” means the price set and approved by the Director as the season starting price for which the specific seafood identified in the negotiations shall be sold to dealers who have participated in the negotiations, and harvesters who will deliver the specific seafood, effective over the time period negotiated by the parties and approved by the department. (10) “State action immunity” means immunity from liability under the federal antitrust laws and the Oregon Antitrust Act for conduct that is carried out pursuant to a regulatory program in which competition in certain areas of the seafood industry is displaced by regulations and active state supervision in accordance with ORS 62.015, 62.845, 646.515, 646.535, and 646.740. (11) “Regulatory program” means the state regulatory program described in ORS 62.015, 62.845, 646.535 and 646.740 that is actively supervised by the Director of Agriculture, and that authorizes parties to engage in bargaining and negotiations to negotiate a proposed season opening price and associated terms of seafood commodities harvested and sold to dealers who participate in the negotiations.