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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 48 ANIMALS
Chapter : Chapter 596 Disease Control Generally
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As used in this chapter, except as provided in
ORS 596.615 to 596.681:
(1) "Department" means the State Department of Agriculture.
(2) "Disease" means any disease of livestock which may be
transmitted or communicated through direct or indirect contact from one
animal to another, including those diseases transmitted by or through
livestock to humans.
(3) "Livestock" includes, but is not limited to, horses, mules,
jennies, jackasses, cattle, sheep, dogs, hogs, goats, domesticated fowl,
psittacines, ratites and domesticated fur-bearing animals. [Amended by
1955 c.557 §1; 1981 c.334 §8; 1997 c.282 §1](1) The State Department of Agriculture shall:
(a) Exercise general sanitary and disease control supervision over
the livestock of this state, and as far as possible, protect the
livestock of this state from disease.
(b) Take all measures necessary and proper, in its judgment, to
control diseases within this state and to eradicate and prevent the
spread of infectious, contagious and communicable diseases that may exist
among livestock and to prevent the entry into this state of animals or
materials liable to convey infectious, contagious and communicable
diseases to the livestock or people of this state.
(c) Prohibit and prevent the sale or use of products dangerous to
the health of livestock.
(2) The breeding, raising, producing in captivity and marketing of
foxes, mink, chinchilla, rabbit, caracul or ratite is an agricultural
pursuit. All such animals raised in captivity are domesticated
fur-bearing animals or domesticated fowl within the meaning of ORS
596.010 and are subject to the provisions of this chapter. Such animals
are not within the purview of the state game laws. All other animals in
captivity are subject to the provisions of this chapter for purposes of
disease control only.
(3) The department may, to the extent of its professional ability
and at the request of a governmental body, assist them in the performance
of their prescribed duties. [Amended by 1955 c.557 §2; 1965 c.217 §1;
1971 c.483 §1; 1975 c.399 §1; 1997 c.162 §1](1) The State Department
of Agriculture is designated as the official agency in Oregon for
cooperation with the United States Department of Agriculture and other
states of the United States in the administration of the National Poultry
Improvement Plan and the National Turkey Improvement Plan, relating to
eradication and control of poultry and fowl diseases and the improvement
of breeding and production qualities of such fowl.
(2) All fees collected by the department from participants in
either of such plans shall be deposited in the State Treasury and
credited to the Department of Agriculture Service Fund, and such fees are
continuously appropriated to the department for administration and
enforcement of such plans.
(3) A civil action may be maintained by the department on relation
of its director for the collection of any unpaid fees charged to
participants for services rendered or materials furnished by the
department in connection with the administration of either plan.
(4) Nonpayment of fees due the department, as required by law, or
failure or refusal to comply with the provisions of the plans or rules
thereunder, suspends the right of a person to participate therein and to
use any of the material thereunder. The department shall forward a
written notice of suspension to the last-known address of the
participant, by certified mail, at least 15 days prior to the date of
suspension. Prior to the effective date of the suspension, the
participant may present information and data to the department showing
there has been compliance with the law and the department shall grant
such participant an immediate hearing in accordance with ORS chapter 183.
The order of suspension shall be effective as provided in the order
issued pursuant to such hearing. [Amended by 1965 c.217 §2; 1971 c.734
§90; 1979 c.499 §11] Department of Agriculture
or other federal agency for livestock disease control; receipt and use of
funds. (1) Whenever the Director of Agriculture deems it necessary, the
director may enter into cooperative and reciprocal agreements with the
United States Department of Agriculture or any other federal agency for
the purpose of controlling and eradicating any disease that may exist
among the livestock of this state, and may receive and expend funds
pursuant to such agreements in furtherance of such purpose.
(2) Whenever any federal department or agency, through its
authorized veterinary officers, agents or employees is thus engaged, each
of them shall have the full power and authority of a deputy state
veterinarian, but is not entitled to pay from this state for services the
veterinary officer, agent or employee performs. [Amended by 1955 c.557
§3; 1971 c.483 §2]The Oregon agricultural experiment station,
the College of Veterinary Medicine, Oregon State University or the State
Department of Agriculture may make, produce or furnish bacteriological or
biological products to be used by the department for the treatment,
prevention or detection of animal disease. If either the experiment
station or the College of Veterinary Medicine furnishes the products, the
station or the college may do so directly to the department and shall
produce and furnish such products at actual or approximate cost. Such
cost shall be paid by the department out of funds available for that
purpose. All money obtained by the department from the sale of such
biological or bacteriological products shall be used by the department to
pay such costs and for making, producing or furnishing such products, and
is continuously appropriated to the department for that purpose. [Amended
by 1981 c.681 §1; 2003 c.14 §355] The State
Department of Agriculture or any of its officers, employees or deputies
may at any time call upon any peace officer for assistance in the
discharge of duties, and such peace officer shall give the assistance
requested.VACCINES AND TREATMENTS(1)(a) The following vaccines or bacteriological
or biological products are deemed to be vaccines or products that are a
hazard to the livestock in this state:
(A) Brucella Abortus Vaccine;
(B) Hog Cholera Vaccine; and
(C) Any biologic not approved for general use by the United States
Department of Agriculture.
(b) In addition to the vaccines or products set forth in paragraph
(a) of this subsection, the State Department of Agriculture, after
consultation with the Oregon Veterinary Medical Association, may from
time to time enact and amend rules containing a list of additional
vaccines or other bacteriological or biological products used or intended
to be used for the detection, prevention, mitigation, control, treatment
or curing of livestock diseases, whenever such vaccines or products are
or might become a hazard to the livestock in this state.
(c) The biological product Brucella Abortus Antigen may only be
used by state veterinarians, federal veterinarians and deputy state
veterinarians, and may only be used for programs approved by the State
Veterinarian.
(d) The biological product Equine Infectious Anemia Antigen may
only be used by the department's animal health division laboratory
personnel.
(2) The department, when establishing a list under subsection
(1)(b) of this section, shall consider:
(a) The possibility of dissemination of disease in this state
through the use of the vaccines or products.
(b) The known effectiveness of the vaccines or products for the
purpose for which they are sold or recommended.
(c) The existence of alternative vaccines or products constituting
a lesser or no hazard to livestock.
(d) Whether or not the disease for which a particular vaccine or
product is used or intended to be used is present in this state and to
what extent it is present.
(e) Any other factor which, having due regard for the properties of
the vaccine or product, may constitute a hazard to the health of
livestock in this state.
(3) The use, purchase, sale or distribution of vaccines or products
which is prohibited under subsection (1) of this section or under ORS
596.075, may be authorized by written permit of the department to:
(a) Deputy state veterinarians, assistant state veterinarians,
federal veterinarians, veterinarians duly licensed by the State of
Oregon, veterinarians who have been issued a temporary license to
practice veterinary medicine under ORS 686.065, veterinary medicine
interns issued an internship permit under ORS 686.085 and veterinarians
employed by a community college or university in the State of Oregon.
(b) Recognized research agencies. [1955 c.557 §5 (596.065 and
596.075 enacted in lieu of 596.070); 1975 c.399 §2; 1977 c.224 §1; 1983
c.101 §1; 1993 c.742 §58; 2003 c.180 §1]Except as otherwise provided in ORS 596.065 (3), no person
shall use, vaccinate with or inject into any livestock in this state,
sell, offer for sale, dispose of or distribute any vaccine,
bacteriological or biological product declared to be a hazard to
livestock health under ORS 596.065. [1955 c.557 §6 (596.065 and 596.075
enacted in lieu of 596.070)] As used
in ORS 596.100, 596.105 and 596.995:
(1) "Animal remedy" means any product used to prevent, inhibit or
cure or enhance or protect the health or well-being of animals, but does
not include food.
(2) "Department" means the State Department of Agriculture.
(3) "Pharmaceutical" means any product prescribed for the treatment
or prevention of disease for veterinary purposes, including vaccines,
synthetic and natural hormones, anesthetics, stimulants or depressants.
(4) "Veterinary biologic" means any biologic product used for
veterinary purposes, including antibiotics, antiparasiticides, growth
promotants or bioculture products. [1991 c.584 §1; 2003 c.14 §356]Note: 596.095 to 596.105 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 596 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1)
No person shall sell, offer or expose for sale, or deliver to a user, an
animal remedy, veterinary biologic or pharmaceutical, in package or in
bulk, which has not been registered with the State Department of
Agriculture. Products regulated under the Federal Insecticide, Fungicide,
and Rodenticide Act which are registered with the department under ORS
chapter 634 are not required to be registered under this section. Except
as otherwise provided by law, the manufacturer of each brand of animal
remedy, veterinary biologic and pharmaceutical to be sold in the state,
whether in package or in bulk, shall register those products with the
department annually. Manufacturers who sell more than one animal remedy,
veterinary biologic or pharmaceutical in the state may register all such
products on one application.
(2) The application for registration of an animal remedy,
veterinary biologic or pharmaceutical shall be made on forms provided by
the department and shall be accompanied by an annual registration fee for
each product in an amount not to exceed $75 as the department, by rule,
shall determine. The application for registration shall be made by July 1
of each year and shall be accompanied by a list of the animal remedies,
veterinary biologics and pharmaceuticals the applicant for registration
expects to market during the ensuing year.
(3) The department shall deposit all fees received in the
Department of Agriculture Service Fund, and such fees are continuously
appropriated to the department for the purpose of administering and
enforcing ORS chapters 596 and 599. [1991 c.584 §§3,4; 2001 c.104 §233]Note: See note under 596.095. The State Department of
Agriculture may adopt rules exempting certain products from the
definition of animal remedy, veterinary biologic or pharmaceutical if:
(1) The products are not used primarily for veterinary purposes; or
(2) The products are animal remedies compounded by Oregon licensed
veterinarians for use in the course of their practice. [1991 c.584 §2]Note: See note under 596.095.STATE VETERINARIAN AND DEPUTY STATE VETERINARIANS(1) There hereby is created within the State Department of
Agriculture the office of State Veterinarian of the State of Oregon. The
State Veterinarian shall be appointed by the Director of Agriculture. The
State Veterinarian shall be the chief livestock sanitary official of the
state. The department may also employ such assistant state veterinarians
as may be necessary to carry out its functions.
(2) The State Veterinarian and all assistant veterinarians employed
by the department shall be graduates of a school of veterinary medicine
accredited or approved by the Oregon State Veterinary Medical Examining
Board. [Amended by 1955 c.557 §7; 1959 c.639 §11; 1967 c.276 §1] (1) The State Department of
Agriculture may deputize certain veterinarians throughout the state to
assist the State Department of Agriculture in carrying out its duties.
Such veterinarians shall be known as deputy state veterinarians. They
shall be in the unclassified service of the state or may furnish
professional services to the department as provided by ORS 596.225. To be
eligible for appointment as a deputy state veterinarian a person shall be
licensed to practice veterinary medicine in Oregon or hold a valid
temporary permit issued by the Oregon State Veterinary Medical Examining
Board as authorized by the provisions of ORS 686.065 or 686.085.
(2) A person desiring an appointment as deputy state veterinarian
shall apply to the department on forms provided by it. The department may
require on the application all pertinent information it deems necessary.
In the discretion of the department, veterinarians employed by the United
States Department of Agriculture, Bureau of Animal Industry, may be
appointed deputy state veterinarians without further requirement if it
appears to the department that any communicable or contagious disease of
livestock may be more effectively controlled or eradicated by joint
federal and state action. [Amended by 1959 c.639 §12; 1961 c.219 §1](1) Notwithstanding other laws to the
contrary, the State Department of Agriculture is authorized to enter into
a contract with a deputy state veterinarian to obtain and pay for
professional services in assisting the department in administering and
carrying out its laws, including but not limited to testing and
vaccination of livestock. The department may agree to pay deputy state
veterinarians on a fair and equitable basis, which may include the
establishment of a Veterinary Medical Fee Schedule. Such schedule may
include, but not be limited to:
(a) Overtime fees or rates;
(b) Minimum or maximum fees;
(c) Amounts to be paid during certain periods of time or for
certain types of service;
(d) Fees based on the number of calls or the number of animals
involved; or
(e) Special fees for certain areas of the state or particular
problems. However, as far as practical, fees shall be uniform throughout
the state.
(2) Notwithstanding other laws to the contrary, if a deputy state
veterinarian is employed by another veterinarian, or by another firm of
veterinarians, is a member of a partnership of veterinarians, or is an
employee of the College of Veterinary Medicine, Oregon State University,
the department may enter into a contract with the employing entity or
partnership for the furnishing of professional veterinary services to the
department. The department may pay the employing entity or partnership
for professional services furnished in conformity with the contract.
(3) Professional services furnished to the department as provided
by this section shall be furnished only by a deputy state veterinarian.
The deputy state veterinarian may not be an employee of the department.
The self-employer, employer or partnership entity, as the case may be,
shall:
(a) Be responsible for and shall make all withholdings and shall
pay all taxes and other deductions due governmental agencies for deputy
state veterinarians.
(b) Be responsible for and shall carry liability, compensation and
other types of insurance covering deputy state veterinarians.
(4) Deputy state veterinarians furnishing professional services as
provided by this section, shall:
(a) Comply with all applicable laws, rules and regulations
promulgated thereunder and general instructions of the department.
(b) Complete and sign all forms required by the department.
(c) Be responsible to the department for the final results of their
work and services.
(5) The contract may be terminated by written notice to the other
parties to the agreement at any time by the deputy state veterinarian,
the employer or partnership, or the department. [1961 c.219 §3; 1971
c.483 §3; 1983 c.101 §2; 2003 c.14 §357] (1) Deputy state
veterinarians shall assist the State Department of Agriculture in
carrying out the duties imposed upon it by any law of this state when
requested to do so by the State Veterinarian. Within the scope of the
authority delegated to them by the State Veterinarian, deputy state
veterinarians shall possess the powers and authority conferred upon
regularly employed state veterinarians by any law of this state. Deputy
state veterinarians, when carrying out the duties assigned to them, are
subject to the direction and control of the State Veterinarian.
(2) Only deputy state veterinarians are eligible for approval by
the department for the performance of duties requiring the services of a
veterinarian by any law of this state, the administration of which is
vested in the department.(1) The appointment of a person as a deputy state
veterinarian is effective until the person submits a written resignation
to the State Department of Agriculture or until the department revokes or
suspends the appointment for one of the following causes:
(a) The revocation or suspension of the veterinarian's license to
practice veterinary medicine in this state. A deputy state veterinarian
whose license is suspended may apply for reinstatement of the appointment
when the license is reinstated. The department may not refuse to
reinstate an appointment as a deputy state veterinarian without good
cause.
(b) An unwarranted refusal to carry out reasonable requests by the
department to perform specific duties.
(c) The withdrawal by any person as surety for a deputy state
veterinarian.
(d) In the case of a veterinarian employed by the United States
Department of Agriculture, a termination of the employment of the
veterinarian by that agency or the removal of the veterinarian from the
state.
(e) Failure to use reasonable diligence in the execution of duties
imposed upon the deputy state veterinarian by:
(A) Any law of this state that the deputy state veterinarian has
been directed to perform by the State Veterinarian; or
(B) An appointment pursuant to the provisions of any law requiring
the appointment of a veterinarian and administered by the department.
(f) The fraudulent use or misuse of any health certificate,
shipping certificate or other blank forms used in practice that might
lead to the dissemination of disease or the transportation of diseased
livestock or the sale of inedible food products of animal origin for
human consumption.
(g) Dilatory methods, willful neglect or misrepresentation in the
inspection of meat.
(h) Misrepresentation of services rendered.
(i) Failure to report or the negligent handling of any disease of
livestock that is required to be reported under ORS 596.321.
(j) Sale or other unauthorized disposal by the veterinarian of any
material, product or medicine furnished to the veterinarian by the
department for use in the performance of duties as employee or officer of
the department.
(k) Violation of ORS 596.075.
(2) The department may not revoke an appointment without a hearing
as provided in ORS chapter 561, except that in case of revocation for
causes specified in subsection (1)(a), (c), (d) or (k) of this section,
it is sufficient to give notice in writing of the revocation of
appointment. [Amended by 1955 c.557 §8; 2001 c.27 §1]CONTROL AND ERADICATION OF CONTAGIOUS DISEASES(1) Deputy state veterinarians may:
(a) Examine, test or treat livestock for intrastate or interstate
shipment, when requested so to do by the owner or shipper for a fee
payable to the veterinarian by the person requesting the examination,
testing or treatment.
(b) Issue official health certificates on forms and subject to the
rules and regulations of the State Department of Agriculture with
reference thereto.
(2) If a deputy state veterinarian is not available for the purpose
of subsection (1) of this section, assistant state veterinarians may
examine, test or treat livestock at the request of the owner or shipper.
The department shall be paid a reasonable fee to compensate it for all
costs incurred in furnishing this service.
(3) The department shall prepare and cause to have printed health
certificate forms or blanks which shall be distributed without charge to
deputy state veterinarians.
(4) All moneys received by the department under this section shall
be deposited in the State Treasury and credited to the Department of
Agriculture Service Fund, and such funds are appropriated continuously to
the department for administering and enforcing the provisions of this
chapter. [1955 c.557 §10 (enacted in lieu of 596.310); 1979 c.499 §12]
(1) The State Department of Agriculture shall enact
rules and regulations:
(a) Containing a list of livestock diseases that must be reported
to the department by any person practicing veterinary medicine in this
state.
(b) Concerning the time and manner of reporting livestock diseases
and any other information considered reasonably necessary by the
department.
(c) Regarding the time and manner of vaccinating female cattle
against brucellosis.
(2) Any person practicing veterinary medicine in this state, having
knowledge of the existence of any livestock disease listed pursuant to
subsection (1) of this section, shall immediately report the disease to
the department in the manner provided by rule or regulation.
(3) For the purposes of ORS 596.331 (3), the department may inspect
and determine what is a "normal and usual feeding facility." [1955 c.557
§12 (enacted in lieu of 596.320); 1983 c.79 §1; 1991 c.420 §1; 1995 c.20
§2; 1999 c.102 §1; 2001 c.22 §1](1) A
person may not sell, offer to sell or dispose of any livestock that the
person knows to be exposed to, a carrier of or infected with any disease
required to be reported under ORS 596.321, except:
(a) To a slaughterer or to a rendering plant; or
(b) Pursuant to, and as authorized by, a quarantine order.
(2) A person may not sell, offer to sell or dispose of the meat,
milk or other parts of any livestock, quarantined by the State Department
of Agriculture, for food or other purposes, except as authorized by the
quarantine order.
(3) A person may not sell or offer for sale, for any purpose other
than slaughter or to a feedlot or other normal and usual feeding facility
for slaughter within 12 months of sale, any female cattle of a beef breed
that have not been vaccinated against brucellosis as evidenced by an
official vaccination tattoo in the right ear of each animal.
(4) A person may not sell or offer for sale, for any purpose other
than slaughter, any female cattle of a dairy breed that have not been
vaccinated against brucellosis as evidenced by an official vaccination
tattoo in the right ear of each animal. [1955 c.557 §14 (enacted in lieu
of 596.340); 1983 c.79 §2; 1985 c.91 §1; 1987 c.909 §1; 1991 c.420 §2;
1999 c.102 §2; 2001 c.22 §2; 2003 c.14 §358](1) In
addition to the permit required by subsection (2) of this section, the
State Department of Agriculture may cause livestock to be tested, treated
or examined as a condition of entry into this state and may, as evidence
of that test, treatment or examination, require the presentation of a
certificate of an official of the state of origin designated by the
department or of a veterinary inspector of the federal government.
(2) The department shall require a written permit authorizing entry
into this state of any livestock or other animals subject to the disease
control law and not exempt under subsection (3) of this section. The
permit shall be issued upon condition that:
(a) The consignee, owner or purchaser hold the imported livestock
upon the arrival of the livestock in this state subject to direction of
the department pending completion of the testing, treatment or
examination of the livestock;
(b) The livestock be disposed of in accordance with the laws of
this state and the rules of the department, if the livestock is found to
be infected with, exposed to, or a carrier of, a disease;
(c) The consignee, owner or purchaser complies with the rules
promulgated by the department to enforce the intent of this chapter; and
(d) If the imported livestock are female cattle that are being
imported for any purpose other than slaughter or to a registered dry
feedlot, the animals have been vaccinated against brucellosis as
evidenced by an official vaccination tattoo in the right ear of each
animal.
(3) The department may exempt the following classes of livestock or
other animals subject to the disease control law from the requirements of
this section:
(a) Livestock that is consigned to and will be slaughtered by a
licensed slaughterer within eight days after entry into this state.
(b) Livestock in uninterrupted transit through the state, provided
that stops may be made for feed, water and rest.
(c) Except for the requirements of subsection (2)(d) of this
section, livestock consigned to an Oregon auction market licensed under
ORS chapter 599 where approved veterinary inspection is in force.
(d) Brucellosis nonvaccinated female cattle of proven genetic
advantage for purposes of preserving or developing breeding improvements.
Those cattle may be admitted on a case by case basis with specific
approval of, and under conditions deemed appropriate by, the State
Veterinarian. Breed registration papers or other documentation of
improved genetics may be required for the approval. The cattle shall be
exempt from ORS 596.331 (3) and (4) and 596.460 (2) and (3) and
subsection (2)(d) of this section.
(e) Dogs, cats or small caged birds traveling in a family vehicle
as part of that social entity.
(f) Any animals that the department determines do not pose a
disease threat.
(4) As used in subsection (2)(d) of this section, "registered dry
feedlot" means a cattle feeding operation that is approved and registered
by the department and that has facilities surrounded by permanent fencing
wherein all feed and water are artificially supplied. [1955 c.557 §16
(596.341, 596.351 and 596.361 enacted in lieu of 596.350); 1973 c.2 §1;
1975 c.572 §1; 1983 c.101 §3; 1985 c.91 §2; 1987 c.909 §2; 1991 c.420 §3;
1999 c.102 §§3,3a; 2001 c.22 §3] In carrying out the
provisions of this chapter, unless the State Department of Agriculture
determines, upon the advice of appropriate federal animal health
authorities, that no significant threat to the health of the livestock of
this state exists, the department shall cause all sheep entering this
state that are not exempt pursuant to ORS 596.341 (3) to be examined or
tested for Akabane Virus. [1987 c.909 §6]Application for permits shall be made to the
State Department of Agriculture on forms prescribed by the department.
Should there be insufficient time to use United States mail, permits may
be applied for by telegram or by telephone. No livestock shall be
transported into this state without a permit having been issued by the
department. At the time of application for a permit, the department may
require a health certificate, or other transportation document, which
shall have the permit numbers entered thereon prior to shipment of the
livestock into this state. [1973 c.2 §4] No
person shall:
(1) Knowingly import or cause to be imported into this state any
livestock exposed to, infected with or a carrier of disease.
(2) Bring any livestock into this state unless the bill of lading,
health certificate or other document of shipment is accompanied by the
permit required under ORS 596.341 or permit number entered thereon.
(3) Fail to test, treat, examine or otherwise comply with the
conditions of a permit under ORS 596.341.
(4) Import or bring into this state any female cattle unless the
animals have been vaccinated as required by ORS 596.341 (2)(d). [1955
c.557 §17 (596.341, 596.351 and 596.361 enacted in lieu of 596.350); 1973
c.2 §2; 1985 c.91 §3; 2001 c.22 §4]No person shall import into this state any livestock
from an area of any other state, territory or country which has been
placed under quarantine by the United States Department of Agriculture or
by the state, territory or country of origin in violation of the rules of
the United States Department of Agriculture or of the state, territory or
country of origin. [1955 c.557 §34](1) The State Department of
Agriculture may summarily quarantine any livestock imported into this
state in violation of ORS 596.351 or any rules of the department under
that section. The department may require as a condition preceding the
release of livestock from quarantine, that the livestock be tested,
treated or examined in accordance with the rules of the department.
(2) Imported livestock which is exposed to, infected with or a
carrier of disease shall be disposed of as provided by law. [1955 c.557
§18 (596.341, 596.351 and 596.361 enacted in lieu of 596.350)](1) Whenever the owner or person
having control of livestock receives notice from the State Department of
Agriculture that the livestock must be treated for disease, the owner or
person having control shall, within the time prescribed in the notice,
cause the livestock to be treated in the manner prescribed by the
department.
(2) If any person fails to comply with the notice, the department
may cause the livestock to be treated and, where necessary to carry out
the treatment, cause its removal to a more convenient location.
(3) No person shall fail to treat livestock owned or controlled by
the person in the manner prescribed by rule of the department.
(4) The department shall have a lien on any livestock treated under
this section for the value of the labor, materials, medicines or services
furnished in connection with the treatment. The lien shall be perfected
and enforced as provided in ORS 87.216 to 87.346, except that:
(a) The department shall file a written notice of claim of lien as
provided in ORS 87.242 with the Secretary of State within 30 days from
the date of furnishing the labor, materials, medicines or services. The
Secretary of State shall include a notice of claim of lien that is filed
with the secretary under this subsection in the index maintained by the
secretary for filing financing statements pursuant to ORS chapter 79.
(b) The lien created by this subsection shall have priority over
all other liens upon such livestock, except tax liens.
(5) The department shall not charge as an item of expense in
connection with such treatment for any services rendered by an assistant
state veterinarian or the State Veterinarian relative thereto, nor shall
the department have a lien for such services upon any livestock as
provided in this section. [1955 c.557 §20 (enacted in lieu of 596.370);
1983 c.740 §228; 2001 c.301 §24]The State Department of Agriculture shall, when
necessary to control or eradicate disease, investigate all cases or
suspected cases of disease in livestock in this state. Employees or
agents of the department in carrying out their official duties may enter
any place or premises, including vehicles, to make such inspections or
investigation as may be reasonably necessary to eradicate and control
disease in this state. [1953 c.689 §4; 1955 c.557 §21] The
State Department of Agriculture may order and compel:
(1) The destruction or treatment of any livestock that may be
infected with, exposed to or may be a carrier of a disease.
(2) The destruction of feed, bedding and watering and feeding
troughs or receptacles, feed racks, bins, sheds or any similar property
which is or may have been contaminated with a disease and may be capable
of causing the transmission of the disease to other livestock, if such
property cannot be disinfected or otherwise treated to adequately and
effectively destroy the causative disease agent.
(3) The disposal of the carcasses of livestock which have been
ordered destroyed by the department in a manner which will effectively
prevent the further spread of a disease.
(4) The summary quarantine of any livestock which may be infected
with, exposed to or the carrier of a disease and may subject such
livestock to any test, treatment or other action as the department orders
as a condition for release from quarantine.
(5) The summary quarantine of any premises or vehicles where any
livestock infected with, exposed to or a carrier of a disease are or have
been confined.
(6) The thorough cleaning and disinfecting of all premises or
property that may be contaminated with a disease and which may be capable
of causing its transmission to other livestock. The department shall
prescribe the method and procedures by which such cleaning and
disinfecting shall be accomplished. [1953 c.689 §5; 1955 c.557 §22] (1) An
authorized representative of the State Department of Agriculture may
cause the burning or burial of carcasses of animals that have died or
been destroyed because of an animal disease emergency. The burning or
burial shall take place at the location where the death or destruction
occurred or at a site approved by the State Veterinarian. The carcasses,
including those that are burned, shall be disposed of as described under
ORS 601.090 (7).
(2) The department shall notify state health and environmental
agencies of an intended action under subsection (1) of this section.
(3) As used in this section, "animal disease emergency" means the
occurrence of a disease that the department determines has potentially
serious economic implications for the livestock industries of this state.
[1999 c.104 §1]Note: 596.393 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 596 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) The State
Department of Agriculture may order summary quarantine of any livestock
and any property contaminated with disease or capable of transmitting the
disease to other livestock or humans which have been imported into this
state from any area under quarantine by the United States Department of
Agriculture or by the state or territory of origin, if such livestock or
property was removed from such area in violation of the rules of the
United States Department of Agriculture or of the state or territory of
origin.
(2) The department shall impose such conditions for release of
quarantined livestock or property, not inconsistent with the rules of the
United States Department of Agriculture, as are necessary to prevent the
entry and spread of disease in this state.
(3) The department may also release quarantined livestock and
property which were imported to the custody of the United States
Department of Agriculture. [1955 c.557 §24](1) Any quarantine imposed by the State Department of
Agriculture pursuant to ORS 596.392, 596.394, 596.402 or 596.404 shall be
for such period of time as will reasonably insure that the quarantined
livestock, property, premises or place are no longer capable of
transmitting or causing the transmission of the disease.
(2) All expenses of cleaning, treatment and disinfecting required
by the department pursuant to ORS 596.371, 596.392, 596.394 and 596.404
shall be paid by the owner or person in possession of the livestock,
property or premises. [1953 c.689 §6; 1955 c.557 §26] (1) The State
Department of Agriculture may also summarily quarantine any legally
described area of this state and prohibit or otherwise restrict any
movement of livestock, vehicles, persons or things into or out of such
area as the department deems necessary for the eradication or control of
a disease in the area, or for the prevention of the spread of such
disease into other areas of this state.
(2) When the department imposes a quarantine under this section, it
shall forthwith but not later than seven days thereafter give notice of
the quarantine in a newspaper of general circulation in the quarantined
area. A copy of the order of quarantine and any regulations relating
thereto shall be filed in the office of the county clerk in each county
in which quarantined property is located. The published notice of
quarantine shall contain a description of the boundaries of the
quarantined area and a notice that copies of the regulations applicable
to the quarantine are filed with the county clerk or may be obtained from
the department.
(3) The provisions of ORS 561.510 to 561.560 shall not apply to
quarantines imposed under this section. [1953 c.689 §7; 1955 c.557 §27]The State Department of Agriculture
may seize meat, hides, offal or any other part or product of livestock
slaughtered anywhere which is infected with, exposed to, or a carrier of,
disease and impose any conditions upon release from seizure reasonably
necessary to prevent the entry or spread of disease in this state. [1955
c.557 §25]When any real or personal property is ordered destroyed, the
State Department of Agriculture shall prescribe the methods and
procedures by which the destruction shall be effectuated and shall
supervise any destruction so ordered. Indemnity shall be paid to the
owner of such property as otherwise provided by law. However, no
indemnity will be paid if the livestock that created the condition
requiring the property destruction were imported into this state without
a permit. [1953 c.689 §8; 1955 c.557 §28; 1973 c.2 §5]When exercising the powers conferred by ORS
596.388 to 596.412, the State Department of Agriculture shall give
appropriate weight and consideration to the following:
(1) The previous existence of the disease in this state.
(2) The action taken by the United States Government in respect to
the eradication and control of such disease.
(3) The economic consequences to the citizens of this state which
might result from the spread of the disease.
(4) The extent to which the disease is endemic or epidemic through
neighboring states, the United States and this state.
(5) The extent to which livestock other than those which are
infected or carriers of the disease may be adversely affected by it.
(6) Any other factors which may reasonably be found to affect the
welfare of the livestock industry specifically or the people of the State
of Oregon generally if such disease is not eradicated or controlled.
[1953 c.689 §3](1) In the event the State Department of
Agriculture or any of its employees or agents meet with any resistance or
lack of cooperation by the owner or person in charge of any livestock or
property in the performance of their duties, the department may apply to
the circuit court of the county in which such livestock or property is
located or, if livestock or property is located in two or more counties,
in the circuit court of any of those counties, for an order requiring
such owner or person to cease and desist such resistance or otherwise
comply with the orders of the department.
(2) The order of the court shall be based upon a duly verified
petition filed by the department setting forth the facts relative to such
resistance or lack of cooperation. A copy of the petition may be served
either by registered mail or by certified mail with return receipt upon
the owner or person in charge of the livestock or in the manner provided
for service of summons in civil actions. Such owner or person in charge
shall appear and answer the allegations of the petition within 10 days
from the date the petition was served.
(3) If the owner or person in charge of any livestock or property
fails to appear or the court either with or without such appearance finds
the allegations of the petition are true and the action by the department
necessary for the eradication and control of diseases of livestock in
this state, the court shall enter its order requiring the owner or person
in charge to cease and desist from such resistance or to comply with the
lawful orders of the department, as the case may be. However, the court
may enter its order without a hearing, if it satisfactorily appears to
the court that a delay in answering would jeopardize disease eradication
and control. A request by the department for a summary order by the court
relative to any lack of cooperation or resistance by the owner or person
in charge shall be supported by an affidavit showing the necessity for
summary action.
(4) The sheriff of the county in which such livestock or property
is located shall execute such order by serving upon the owners or person
in charge of such livestock or property a copy thereof duly certified to
by the clerk of the circuit court, and by enforcing the provisions
thereof. [1953 c.689 §9; 1955 c.557 §29; 1991 c.249 §59](1) A person owning, possessing or controlling
any livestock affected by any disease may not fail to keep the livestock
within an enclosure, or herd them in some place where they are secure
from contact with other livestock not so affected or permit the affected
livestock to range where they will be likely to come in contact with
other livestock not so affected.
(2) A person may not maintain or control female cattle of a beef
breed for breeding purposes unless the animals have been vaccinated
against brucellosis as evidenced by an official vaccination tattoo in the
right ear of each animal.
(3) A person may not maintain or control female cattle of a dairy
breed for breeding or dairy purposes unless the animals have been
vaccinated against brucellosis as evidenced by an official vaccination
tattoo in the right ear of each animal. [Amended by 1955 c.557 §30; 1987
c.909 §3; 1995 c.20 §1; 1999 c.102 §4; 2001 c.22 §5] Whenever any
official examination is made by any person authorized so to do by the
State Department of Agriculture, of any livestock and such livestock is
found free from contagious, infectious and communicable disease, the
person making such examination shall make and deliver to the owner or
person in possession of such livestock, a certificate to that effect,
under such rules and regulations and in such form as the department may
prescribe. Whenever an examination or test is made as to any particular
disease and the livestock is found free therefrom, a certificate of that
fact shall be given to the owner. [Amended by 1955 c.557 §31]INDEMNIFICATION FOR LIVESTOCK OR PROPERTY ORDERED DESTROYEDAs used in ORS 596.615 to 596.681,
"livestock" means animals raised for the production of food for human
consumption and those animals carrying diseases that threaten animals
raised for the production of food for human consumption. [1981 c.334 §7;
1987 c.909 §4]The owner of any
livestock or property which is slaughtered or otherwise destroyed at the
order of the State Department of Agriculture in the performance of its
duty to eradicate and control the contagious and communicable diseases of
livestock in this state is entitled to indemnity as provided in ORS
596.640 to 596.681. [1953 c.633 §3] No application,
contract or agreement for the payment of indemnity under ORS 596.615 to
596.681 is enforceable unless approved and signed by the Director of
Agriculture. [1981 c.334 §6] (1) The
owner of livestock or property destroyed at the order of the State
Department of Agriculture shall not be paid indemnity by the State of
Oregon for:
(a) Livestock or property owned by the federal government or the
State of Oregon, or any governmental subdivision, agency or
instrumentality of those governments.
(b) Livestock or property if the owner thereof has failed to comply
with any of the provisions of ORS 596.075, 596.331, 596.351, 596.355,
596.371 or 596.460 or with any rules promulgated under ORS 596.321 or has
acted in contravention to department authority under ORS 596.311,
596.341, 596.361, 596.388, 596.392 to 596.416 and 596.470 as to any of
that livestock or property.
(c) Livestock that has been brought into this state contrary to any
law of this state or rule promulgated thereunder or contrary to the
conditions of any permit issued under ORS 596.341.
(d) Livestock or property that has been negligently or willfully
exposed to or contaminated by a disease.
(e) Livestock that were imported from a county or defined area that
is under quarantine at the order of the federal government, the State of
Oregon or the state of origin, for the disease that the livestock is
affected by.
(f) Livestock that were known by the owner to be affected by a
disease at the time of entry into the state.
(g) Livestock that had been imported into this state within five
days prior to the date that the disease condition was officially
diagnosed.
(h) Livestock if there is evidence that the owner or agent of the
owner has in any way been responsible for any attempt to unlawfully or
improperly obtain indemnity funds for the livestock.
(i) Livestock that has been brought into this state pursuant to a
permit issued under ORS 596.341 and that after entry is moved,
transferred or disposed of in violation of this chapter or any rule
promulgated under this chapter.
(j) Female cattle that have not been officially vaccinated for
brucellosis as required by this chapter. Evidence of an official
vaccination for brucellosis is a tattoo in the right ear of the animal in
such a manner as the department may prescribe.
(2) Any transaction referred to in subsection (1)(c) or (i) of this
section with regard to any livestock animal disqualifies the owner of
that livestock from receiving indemnity for all livestock or property
owned by that person for which indemnity would otherwise be payable.
[1953 c.633 §8; 1971 c.483 §4; 1981 c.334 §1; 1983 c.101 §7; 1985 c.91
§4; 1991 c.420 §4; 1999 c.102 §5; 2001 c.22 §6](1) An owner may claim indemnity on any animal or property
ordered destroyed by the State Department of Agriculture. Each animal or
article of property which is eligible for indemnity shall be appraised
prior to its destruction. The department shall provide forms on which
claims for indemnity can be made, to the owner of livestock or property
ordered destroyed at the time the order of destruction is given to the
owner. The claim for indemnity, order of destruction and appraisal may be
included in one form at the discretion of the department. In order to
qualify for indemnity, the owner shall submit a claim to the department
within seven days after receiving such claim form from the department.
The appraisal shall be performed by two appraisers, one of whom shall be
selected by the department and one of whom shall be selected by the
owner. If they cannot agree on the appraised value, a third appraiser
shall be immediately appointed by the two appraisers selected by the
department and the owner and the department and owner advised of the
appointment. If the owner fails to select an appraiser within 10 days
after the department's request therefor, the department shall appoint two
appraisers to evaluate the livestock or property. The appraisers shall
view each animal or article of property to be appraised and inspect
documents, premises or any other items deemed necessary to perform the
appraisal. Upon completion of the appraisal, the appraisers shall record
the evaluations on a form supplied by the department and shall submit the
completed appraisal form to the department within 10 days after
completion of the appraisal. The department shall then notify the owner
of the results of the appraisal.
(2) The livestock or property shall be appraised on the basis of
current market value of animals or property of like kind, quality and
physical condition at the time the destruction was ordered. As used in
this subsection, "market value" means the average selling price of
animals or property of like kind and quality in the locality where the
animals or property are situated, during the 30 days immediately
preceding the appraisal, and if no such average selling price can be
determined in the locality, then the average selling price in the next
nearest locality where it can be determined.
(3) If the livestock condemned by the department are registered and
the owner claims enhanced value by such fact, a certified copy of the
certificate of registry shall accompany the appraisal report. [1953 c.633
§4; 1965 c.217 §3; 1981 c.334 §2] When in the opinion of the
State Department of Agriculture livestock or property which is condemned
can be destroyed in a manner which will permit some salvage to be
realized, without prejudice to adequate disease control or eradication
measures or to human health and welfare, the department may authorize
such methods of destruction and prescribe the conditions upon which it
may be carried out. In no case shall a method of destruction be
authorized merely because it permits salvage, unless it may be
accomplished within seven days from the date the destruction order is
delivered. The indemnity shall be a sum, which
added to the salvage, shall not exceed 80 percent of the appraised value
of each animal or article of property. [1965 c.217 §5 (enacted in lieu of
596.670); 1971 c.705 §1; 1981 c.334 §3]If the owner of livestock destroyed at the order of
the State Department of Agriculture is eligible for indemnity payable by
the federal government, the owner may also be indemnified by the State of
Oregon. However, the State of Oregon shall only pay the difference
between the maximum amounts set forth in ORS 596.671 and the amount
payable by the federal government. [1965 c.217 §7 (enacted in lieu of
596.680); 1981 c.334 §4]
PENALTIES (1) Violation of any of the provisions of ORS
596.075, 596.321, 596.331 (1) or (3), 596.351, 596.388, 596.392 (1) to
(3) or (6), 596.404 to 596.416 or 596.460, or of any lawful order of the
State Department of Agriculture issued pursuant to this chapter, is a
Class A violation.
(2) Violation of any of the quarantine provisions of ORS 596.331
(2), 596.355, 596.392 (4) or (5) or 596.394 to 596.402 is punishable,
upon conviction, by a fine of not less than $500 nor more than $5,000.
(3) Violation of any of the provisions of ORS 596.100 or 596.105 or
rules adopted thereunder is a misdemeanor. [Amended by 1953 c.689 §13;
former subsection (4) enacted as 1953 c.689 §10; 1955 c.557 §35;
subsection (2) enacted as 1955 c.637 §2; 1975 c.304 §4; 1983 c.79 §3;
1983 c.101 §5; subsection (3) of 1999 Edition enacted as 1991 c.584 §6;
1999 c.1051 §205; 2001 c.104 §234]Note: 596.990 (3) was enacted into law by the Legislative Assembly
but was not added to or made a part of ORS chapter 596 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation. (1) Any manufacturer of an animal remedy,
veterinary biologic or pharmaceutical who violates any provision of ORS
596.100 or 596.105 applicable to manufacturers or any rule adopted
pursuant thereto or the terms or conditions of any license, registration
or order issued by the State Department of Agriculture under ORS 596.100
or 596.105 shall be subject to a civil penalty not to exceed $2,500 per
violation. Civil penalties under this section are in addition to any
other penalty provided by law.
(2) Each violation may be a separate and distinct offense, and, in
the case of a continuing violation, each day's continuance thereof may be
deemed a separate and distinct offense.
(3) The department shall adopt a schedule or schedules establishing
the amount of civil penalty that may be imposed for a particular
violation.
(4) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.745. [1991 c.584 §5; 1993 c.541 §2; 2001 c.104
§235]Note: 596.995 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 596 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
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