Re: Seed Seller Licensing
- To:
- Subject: Re: Seed Seller Licensing
- From: j*@mindspring.com
- Date: Thu, 20 May 1999 23:08:36 -0400
Brad,
Did the Oregon Dept. of Agriculture give you the Oregon Statue Number
that they claim prevents you from selling seed? Email me the number and I
will look it up on Westlaw. My advice is to see if you can prove to their
satisfaction that the statute does not apply to you. If not, refrain from
selling in OR.
Do not hire an attorney, it will cost you more than it is worth and it
could get you into more problems. State agencies have deep pockets
(taxpayers of the state collectively), it becomes a war of attrition in a
legal dispute.
Also, remember Joe Tiller is from the WAC. "Live by the pass, die by the
pass." (WAC Coach="No Defense") Ohio State probably has the best secondary
in the nation. Only lost two starters on defense. I have the Shaffer's
Beer ready for you on Oct. 9.
Let me know how I can help you fight the bureaucrats
John J. Pritchard
Columbus, OH
jpritchard@mindspring.com
----Original Message-----
From: Victoria Green <vgreen31@hotmail.com>
To: pumpkins@mallorn.com <pumpkins@mallorn.com>
Date: Thursday, May 20, 1999 8:02 AM
Subject: Seed Seller Licensing
>Brad --
>
>Sorry to hear about your encounter w/ the Oregon Dept of Ag. I'm in
>Michigan, so I don't have any specific info for you, but I have two
>suggestions.
>
>1. Don't bother asking them who "turned you in." They're not likely to
>tell you b/c you're not being charged w/ a crime, which is the only time
>you're immediately entitled to know who accused you & why. Asking will get
>you off on the wrong foot, & put the focus somewhere other than settling
the
>actual problem. (My experience is that they immediately think you're a
>crank &/or have something to hide.)
>
>2. Call & ask what the definition of "seed sales" is in Oregon, and why
>they thought you qualified. Usually, sales licensing kicks in when there's
>ongoing, regular activity & a threshold amount in sales. (Unless, which is
>unlikely, they're treating it like medicine or law -- in order to do it at
>all, you must 1st be licensed -- but again, I don't know what's up w/
>Oregon.) You will probably get bounced from one person to another in the
>dept; keep track of the names of the people you talk to. Follow up with a
>letter reiterating the points you got in the phone conversation, & ask for
>confirmation. (You may or may not get it.) Alternatively, they may give you
>the name/address of someone to write to, explaining why you believe you
>don't need a sales license. Obviously, keep copies of all the letters you
>write & are sent. The reason you want to treat this seriously is b/c you
>don't want to have a phantom "business" that looks like it could've brought
>in income which didn't get reported to the IRS. (I assume you've been
>keeping track of the $$ coming in, & can get a receipt for the $$ you've
>turned over to the charity. If not, now's a good time to play catch-up.)
>
>They may tell you that you need a permit to sell, even for charity, in
which
>case I suggest that you get the license in the charity's name & ask for
>permission from the group to take the fee from the proceeds of the previous
>sales. (Of course, if you let this group know how much the fee is, I'm
sure
>a few donations would be forthcoming!)
>
>If you have trouble getting through to the dept, or don't get a clear
>response, or don't have time for this nonsense, sic a lawyer on them. I'm
>sorry I don't know anyone in Oregon I can recommend, but if you like, I can
>ask around.
>
>Good luck with this! We're rooting for you!
>
>Vicki Green
>vgreen31@hotmail.com
>
>
>_______________________________________________________________
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