Re: Seed Seller Licensing
- To:
- Subject: Re: Seed Seller Licensing
- From: T*
- Date: Fri, 21 May 1999 12:00:04 -0400
If you are a lawyer you are a nice one:).............good to see that there
are some. But if you are a pumpkin grower that explains it.
Troy
troynayler@golden.net
-----Original Message-----
From: jpritchard@mindspring.com <jpritchard@mindspring.com>
To: pumpkins@mallorn.com <pumpkins@mallorn.com>
Date: Thursday, May 20, 1999 11:31 PM
Subject: Re: Seed Seller Licensing
>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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>>
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