As used in this chapter, unless the context
otherwise requires:
(1) "Dairy cattle" includes the recognized breeds of bovine animals
used primarily for the production of milk, such as, but not limited to,
Jersey, Guernsey, Brown Swiss, Ayrshire, Milking Shorthorn, Holstein and
Red Polled, whether or not such animals are purebred or grade, and
crosses of such breeds, including crosses of such breeds with beef type
animals.
(2) "Department" means the State Department of Agriculture of the
State of Oregon.
(3) "Director" means the director of the department.
(4) "Licensee" means any person who operates a livestock auction
market, either as owner or lessee, and who holds a license to conduct
such market issued by the department pursuant to the provisions of this
chapter.
(5) "Livestock" includes horses, mules, asses, cattle, sheep,
swine, goats and poultry, including turkeys, of any age or sex.
(6) "Livestock auction market" means a place of business to which
the public may consign livestock for sale by auction open to public
bidding or sold on a commission basis, but, specifically, it does not
include breed or livestock associations operating subject to and in
compliance with the provisions of the Oregon Nonprofit Corporation Act,
ORS chapter 65, Future Farmer and 4-H groups, auction sales conducted in
conjunction with county, state or private fairs or auction sales
conducted by or for a person at which livestock of such person's
ownership are sold on premises of the person.
(7) "Meat dealer" means a person licensed to slaughter meat food
animals pursuant to the applicable provisions of this section and ORS
chapter 603. [1953 c.677 §1; 1955 c.724 §15; 1957 c.390 §1; 1967 c.368
§1; 1971 c.578 §9; 1973 c.175 §13; 1981 c.248 §25; 1983 c.417 §1; 1989
c.1010 §178] (1) No person shall operate a livestock
auction market without a valid license to operate such market issued
pursuant to the provisions of this chapter.
(2) No person shall interfere with the performance by any
veterinarian of duties and responsibilities imposed by the provisions of
this chapter.
(3) No licensee, or the managing agent of the licensee, shall
operate a livestock auction market at which the sanitary practices or
conditions prescribed by the provisions of this chapter or regulations
promulgated thereunder have not been complied with.
(4) No licensee shall sell or offer for sale any livestock which
has not been examined, tested or treated as required by the provisions of
this chapter or regulations promulgated thereunder.
(5) No person other than a meat dealer shall remove from the market
zone an animal which has been sold or purchased for immediate slaughter
pursuant to the provisions of this chapter; provided, however, that a
person may remove from the market zone any such animal if it is to be
transported directly out of this state.
(6) No meat dealer who removes from the market zone an animal sold
or purchased for immediate slaughter pursuant to the provisions of this
chapter shall fail, refuse or neglect to slaughter such animal within
eight days from the date the animal is so removed. [1953 c.677 §17; 1971
c.578 §10]
(1) Subject to the
provisions of subsection (2) of this section, every person operating a
livestock auction market in this state shall be required to pay on or
before June 30, annually, a fee of $100 to the State Department of
Agriculture for a license to operate such market for the year beginning
July 1 next following. If a person operates a livestock auction market
facility in more than one location, a separate license must be obtained
for each such facility. Except for fees paid under ORS 599.269, all fees
provided for under the provisions of this chapter shall be paid into the
Department of Agriculture Service Fund and hereby are continuously
appropriated for use in the administration of this chapter.
(2) In the case of an application for a license made after
September 30 of a license year, and only in such cases, the license fee
submitted with the application shall be prorated on the basis of the
number of quarters of three months each or portions of a quarter
remaining in the license year. The fee accompanying such applications
shall be $25 for each such quarter or portion thereof. For the purposes
of this section, the license year shall be the period July 1 to June 30
next following. Nothing in this section shall be construed to authorize a
refund of license fees in any case.
(3) The licensee shall at all times have posted in a conspicuous
place in the main business office of such market the full names and
addresses of the legal owners of the market. The livestock auction market
operator's license shall also be posted conspicuously in the main
business office of the market. [1953 c.677 §5; 1971 c.578 §11; 1979 c.499
§13]
(1) Each person licensed to operate a
livestock auction market shall maintain a bond approved by the State
Department of Agriculture to secure the performance of statutory duties
and private obligations incurred as the operator of such market. The bond
shall be filed with the department and shall be renewed whenever the
license is renewed. The bond shall be conditioned that the licensee shall
pay all legal claims which may accrue against the licensee in favor of
any seller or buyer of livestock, arising from the conduct of the
licensee's market.
(2) The surety on each bond shall be a corporate surety licensed to
do business as a surety within the State of Oregon.
(3) The surety shall not cancel the bond until 60 days after its
written notice of such cancellation is received by the department, which
notice shall be sent to the department and to the principal by registered
or certified mail.
(4) The amount of the bond, after public hearing under ORS chapter
183, shall be determined by reference by the department to a schedule
which it shall establish. Such schedule which may vary depending on the
type of livestock auction market operation, the estimated or actual
volume of sales or other standards which the department deems necessary,
in so far as is reasonable and practicable, shall conform to the bonding
law and rules of the federal Packers and Stockyards Act prescribed in
subsection (5) of this section. The department in addition may require
before it gives its approval to a bond or renewal thereof that the
applicant submit a financial statement or other information to assist the
department in determining the necessary size or type of bond which may be
necessary for the protection of persons who may be covered or affected
thereby.
(5) Any livestock auction market licensee or applicant for license
who presents to the department satisfactory evidence of compliance with
the bonding provisions of the federal Packers and Stockyards Act of 1921,
7 U.S.C. §§181 to 228, as amended, and effective June 29, 1971, shall be
deemed in compliance with the bonding requirements of this section during
such time as the licensee or applicant complies with the bonding
provisions of such federal statute. If a federal bond which has been
deemed to be in compliance with the provisions of this section is
canceled or terminated, the licensee shall immediately stop all
operations of such market until another state or federal bond has been
obtained by the licensee and approved by the appropriate agency, as
required by law. Until another such bond has been obtained, the license
of the market operator shall be deemed suspended and shall be surrendered
to the department.
(6) If two or more persons have claims, either fixed or contingent,
against a licensee's bond maintained pursuant to subsection (1) of this
section, they shall, subject to the provisions of ORS 599.251, share pro
rata in the proceeds of the bond to the extent of their actual damages
except that the claims of the State of Oregon and the department referred
to in subsection (1)(a) of this section shall have priority over, and
shall be paid to the department prior to, all other claims or creditors.
[1953 c.677 §6; 1957 c.390 §2; 1959 c.596 §70; 1959 c.685 §31; 1961 c.283
§1; 1963 c.15 §1; 1967 c.368 §4; 1971 c.578 §12]
(1) Upon default of a licensee as to any condition of the bond required
by ORS 599.245, the State Department of Agriculture shall:
(a) Give reasonable notice to persons to file claims with the
department.
(b) Fix a reasonable time within which such filing shall be done.
(c) Investigate each claim so filed and reasonably verify the
circumstances under which the claims accrued and the good faith of the
claimants.
(2) With the approval of the claimants who filed claims, the
department may settle such claims with the surety, without filing legal
action. Such settlement unless appealed to the circuit court within 30
days as provided by law, is final between the surety and all claimants
covered by the bond.
(3) If any claimant, or the surety, does not agree with the
findings of the department, the department shall file a declaratory
judgment action without right to jury trial in the circuit court in the
name of the State of Oregon for the benefit of the claimants as
authorized by ORS chapter 28. Unless appealed as prescribed by law, the
order of the court shall be final between the surety and all claimants
covered by the bond. [1961 c.283 §3; 1979 c.284 §178]The State Department of Agriculture may revoke or suspend, or
refuse to issue or renew the license of any person who does not or has
not complied with the provisions of this chapter or the regulations
promulgated thereunder. [1953 c.677 §18; 1961 c.425 §8; 1971 c.578 §13](1) All property owned or controlled by a
person licensed to operate a livestock auction market which is contiguous
to, and used in conjunction with the operation of, the market shall be
the market zone of such market.
(2) All livestock entering the market zone must be handled and sold
through the facilities of the market and must comply with the provisions
of this chapter and the regulations promulgated thereunder. [1953 c.677
§7; 1971 c.578 §14]Before any livestock auction
market can sell cattle, horses or other livestock as designated by the
State Department of Agriculture, at an auction open to public bidding, or
on consignment or commission basis, a brand inspector shall be present to
carry out the brand inspection provisions of ORS chapter 604 and this
chapter. It is necessary therefor that the department recover at least in
part its actual costs of maintaining such inspection and related
services. During any 24-hour period if the brand inspection fees which
the department is authorized to collect through and in a livestock
auction market under ORS chapter 604 do not total $50, the livestock
auction market licensee shall include and at the same time pay to the
department the difference between the actual brand inspection total fees
collected and $50. This section also applies to sales by breed or
livestock associations, fairs or other groups, but does not apply to
sales by Future Farmer or 4-H groups. [1967 c.368 §5; 1973 c.151 §1; 1981
c.248 §16]
After
livestock enter the premises of a livestock auction market, if a question
of the right of ownership or possession arises, the livestock shall be
subject to the provisions of ORS 604.056. [1967 c.368 §3; 1981 c.248 §17]All dairy cattle over six months of age,
except steers, spayed females and dairy cattle which by reason of age,
disease or other conditions will be purchased for slaughter purposes, and
all hogs entering the market zone of a livestock auction market shall be
placed and retained, before and after sale, in clean, disinfected and
segregated pens kept solely for that purpose. [1953 c.677 §8; 1957 c.390
§14; 1969 c.33 §1]
All pens used in livestock auction markets for holding dairy
cattle and hogs and all alleyways between such pens shall be floored with
concrete or some other impervious material. All such pens and alleys
shall be sloped or otherwise constructed to permit adequate drainage.
Such pens and alleyways and also fences, food racks and watering troughs
shall be constructed so as to allow proper cleaning and sanitation. All
such pens, alleyways, fences, food racks and watering troughs or other
equipment shall be cleaned and disinfected after each sale or, in the
case of a continuous sale, as often as may be prescribed by the State
Department of Agriculture. [1953 c.677 §9] (1) The licensee shall provide
separate pens of suitable size which shall be designated as quarantine
pens which shall be floored with concrete or some other impervious
material and constructed so as to allow for efficient drainage and
cleaning. These pens shall be used for all animals coming into the market
zone which are found to be infected with brucellosis or other contagious,
infectious or communicable diseases. These pens shall be used only for
the detention of diseased animals and shall be constructed and maintained
in accordance with the regulations of the State Department of Agriculture.
(2) The fact that an animal is placed in a quarantine pen under
subsection (1) of this section does not entitle the owner to be paid
indemnity for the animal; but this subsection is not intended to affect
the payment of indemnity where the owner is entitled to indemnity
payments as otherwise provided by law. [1953 c.677 §10; 1957 c.390 §3]Each licensee shall provide pens with suitable
catching chutes and other facilities for testing, treating, examining, or
handling livestock in accordance with the regulations of the State
Department of Agriculture. [1953 c.677 §11; 1967 c.368 §2]
The State Department of Agriculture may require such
testing, treating and examining of livestock sold, traded, exchanged or
handled at or through livestock auction markets as in its judgment may be
necessary to prevent the spread of brucellosis, tuberculosis or
paratuberculosis, hog cholera and other infectious, contagious or
communicable diseases among the livestock of this state. [1953 c.677 §12;
1957 c.390 §4; 1959 c.63 §6]
(1) The licensee shall employ a veterinarian to perform all
tests and make all examinations of animals required to be performed,
carried out or made by the provisions of this chapter or the regulations
promulgated thereunder.
(2) Every assistant state veterinarian shall have authority and
responsibility for the direction and control of the sanitary practices at
such livestock auction market. The veterinarian shall notify in writing
the licensee or managing agent of the licensee of insanitary conditions
or practices. If the improper conditions or practices are not corrected
in the time specified, the State Department of Agriculture shall take
appropriate steps to revoke the market operator's license.
(3) If in the event of an emergency situation any licensee is
unable to procure the services of a veterinarian under subsection (1) of
this section, the licensee may apply to the department, and the
department may furnish a person the department deems qualified to make
the examinations required at a livestock auction market. In the event the
services of such qualified person are utilized, and the person determines
any animal shows any abnormality or sign of ill health, such person at
once shall contact an assistant state veterinarian or deputy state
veterinarian for further examinations. The licensee shall reimburse the
department for the actual expenses incurred by the qualified person and
the assistant state veterinarian or deputy state veterinarian for the
further examinations. All animals determined by the qualified person to
require further examinations by a veterinarian shall be detained in the
pens described in ORS 599.295 until released by the assistant state
veterinarian or deputy state veterinarian.
(4) If upon investigation the department finds that any
veterinarian employed by the licensee is not discharging duties and
responsibilities in compliance with the provisions of this chapter and
the regulations promulgated thereunder, the department may, after notice
and opportunity for hearing, disqualify such veterinarian from performing
any further official functions in connection with such market. [1953
c.677 §13; 1971 c.578 §15; 1975 c.573 §1; 1979 c.807 §1; 1983 c.101 §4] (1)
Each licensee maintaining and operating any weighing facilities for the
weighing of livestock at the livestock auction market operated by the
licensee shall provide for the weighing to be done by a weighmaster.
(2) Scale tickets shall be executed in triplicate for all livestock
weighed at the auction market and a copy of such ticket shall be issued
to the buyer and seller of the livestock weighed. [1953 c.677 §15; 1983
c.740 §229]
The licensee shall keep on
file an accurate record of:
(1) The date on which each consignment of animals was received and
sold.
(2) The name and address of the buyer and seller of such animals.
(3) The number and species of the animals received and sold.
(4) The marks and brands on each such animals as furnished by an
Oregon brand inspector.
(5) Such records containing any and all statements of warranty or
representations of title material to, or upon which, any such sale is
consummated, together with the gross selling price, commission and other
proper care, handling and sales charges on each consignment of livestock
shall be available for inspection by the State Department of Agriculture
or other persons having a legitimate interest therein. A copy thereof and
the net proceeds shall be delivered to the buyer and the seller of such
livestock or the duly authorized agent of the buyer or seller. All
records of sales during the preceding 12 months shall be kept accessible
during business hours for examination by the department or other persons
having a legitimate interest in them. [1953 c.677 §16] If the operator of a livestock
auction market violates any of the provisions of this chapter, or
regulations promulgated by the State Department of Agriculture under this
chapter, the department may:
(1) Summarily quarantine the livestock or the premises, or both, as
provided in ORS 596.361 to 596.402.
(2) Apply to the circuit court of the county in which the livestock
auction market is located for a court order as provided in ORS 596.416.
[1957 c.390 §13]
(1) In the
discretion of the State Department of Agriculture, a federal department
or agency may be authorized by the State Department of Agriculture to act
as its agent in carrying out all or part of the provisions of this
chapter and regulations promulgated under this chapter without further
requirement if it appears to the State Department of Agriculture that
this chapter may be more effectively administered by joint federal and
state action.
(2) When a federal department or agency is engaged in carrying out
all or part of the provisions of this chapter and the regulations
promulgated under this chapter pursuant to subsection (1) of this section:
(a) The authorized veterinary officers of the federal department or
agency have the same power and authority as a deputy state veterinarian.
(b) The agents and other employees of the federal department or
agency have the same power and authority as employees of the State
Department of Agriculture engaged in a similar capacity or type of work.
[1957 c.390 §22](1) No person shall operate a livestock auction market
within this state without first having been licensed by the State
Department of Agriculture as provided in this chapter. Any license to
operate a livestock auction market is personal to the holder thereof and
is not transferable.
(2)(a) Upon prior written application approved by the department,
the licensee may move the location of the auction market facility within
the boundaries of the trade area served. Such application shall contain
the information required by ORS 599.406 (1)(a), (b), (d), (f) and (g).
(b) The department shall notify the applicant by certified mail
within 30 days of receipt of an application submitted under paragraph (a)
of this subsection whether the application has been approved or denied.
If the department shall fail to act on the application within the 30-day
period, it shall be deemed approved. If the application is denied, the
applicant may at any time thereafter during the current licensing year or
by indorsement on a renewal application request a hearing, in which case
a hearing on the application for permission to move shall be held within
30 days thereafter pursuant to the provisions of ORS 599.416, limited to
the question of the suitability and adequacy of the proposed new location
and facilities. If a hearing is held pursuant to this paragraph, ORS
599.421 and 599.426 shall also be applicable.
(c) If the department finds that moving the location of the auction
market facility would result in a substantial extension of the trading
area served, it shall consider the application to be an application for a
new license pursuant to ORS 599.406 and shall not consider it unless all
requirements for such an application are met. The department may by rule
establish criteria for determining whether an extension of trading area
is substantial. [1971 c.578 §2]
(1) Application for a license required by ORS 599.401 (1) shall
be made upon forms furnished by the State Department of Agriculture, and
shall contain:
(a) The name and address of the applicant, the name under which the
applicant will operate, if different, the name and address of the
manager, if different; and, if other than an individual, whether a
partnership, corporation or other organization, and the names and
addresses of all partners, shareholders, officers, principals, or other
persons having a proprietary or membership interest in the applicant. The
department may establish rules permitting listing of less than all those
persons in cases of applicants having multiple ownership or membership.
(b) The exact location and place where the applicant proposes to
operate the livestock auction market, including the legal description of
the premises proposed to be used in connection therewith.
(c) A statement of financial condition of the applicant, and also
of the partners, guarantors, or other persons liable for the debts of the
applicant, if any, as the department may require.
(d) Pictures and scale plans of existing facilities and, for
proposed new or remodeled facilities, plans, blueprints and
specifications, and pictures of work completed at the time of the
application, together with a statement of the expected completion date or
dates of those new or remodeled facilities.
(e) Anticipated source, type and quantity of livestock to be
handled by the applicant.
(f) A statement setting forth the general boundaries of the trade
area proposed to be served, the services proposed to be rendered, and the
benefits to be derived by the livestock industry and public within that
trade area.
(g) Further information that the department may require or that the
applicant believes would assist the department in its consideration of
the application.
(2)(a) Except as provided in paragraph (d) of this subsection, any
livestock auction market license shall expire on the June 30 next
succeeding the date of grant of the license, provided that at any time
during the quarter preceding June 30 the department may receive, consider
and grant an application for a renewal license (including a renewal
application filed concurrently with an application for a new license)
effective on July 1 and expiring on the next succeeding June 30.
(b) Application for renewal of a license required by ORS 599.401
shall be filed upon forms provided by the department and shall contain
the information required in subsection (1)(a), (b), (c) and (g) of this
section, and if applicant has altered or remodeled facilities of the
applicant or plans to do so, the application shall also contain the
information required in subsection (1)(d) of this section.
(c) If an application for a renewal license has been duly filed
with the department, together with the fee required by ORS 599.235, at
least 15 days prior to the expiration date of a license required by ORS
599.401, but has not been finally acted upon by the department, and if
the license is in all other respects valid and in force it shall remain
in effect beyond its expiration date until a renewal license is granted,
or until 30 days after it has been denied if no request for
reconsideration has been made pursuant to ORS 599.426 (2), or until the
date of affirmation of the denial pursuant to ORS 599.426 (3) if a
request for reconsideration has been made. Nothing in this paragraph
shall be deemed to limit the authority of the department to revoke or
suspend a license pursuant to ORS 599.255.
(d) In its consideration of the application for a renewal license,
the department shall consider those matters set forth in ORS 599.421 (1)
but only as they relate to whether the applicant has served the trading
area in as satisfactory a manner as contemplated in the original
application for license (or in as satisfactory a manner as prior to June
29, 1971), and to the applicant's ability to continue satisfactory
service, and shall also consider whether the applicant has complied with
the provisions of this chapter and regulations promulgated under it.
(3) An application required by subsection (1) or (2) of this
section shall be accompanied by the fee required by ORS 599.235. In
addition, except as provided in ORS 599.421 (2) and (3), an application
required by subsection (1) of this section shall be accompanied by an
application processing fee of $1,000, to be used by the department for
expenses of reviewing and investigating the application, holding hearings
and all other required procedures relating to the application for
license. [1971 c.578 §3; 1999 c.473 §1](1) Upon receipt of an application for license as provided
in ORS 599.406 (1) and the fees prescribed in ORS 599.406 (3), the State
Department of Agriculture shall establish a time, date and place for a
public hearing on the application. The hearing shall be held not later
than 30 days after receipt by the department of the application for
license, but may be delayed upon request by the applicant, and shall be
held in a city within the trade area proposed to be served by the
applicant or, if requested by the applicant, at the department's location
in Salem, Oregon.
(2) The hearing provided for in subsection (1) of this section
shall be held in accordance with the provisions of ORS chapter 183 and in
addition the department shall:
(a) Publish notice of the hearing in a newspaper of general
circulation in the trade area proposed to be served by the applicant at
least 10 days prior to such hearing.
(b) Forward notice of the hearing to all known interested persons
and to all known incorporated livestock associations and livestock
auction market associations in Oregon.
(3) The record of hearing shall contain proof of publication and
notice required by subsection (2) of this section. [1971 c.578 §5; 1977
c.214 §8](1) In its consideration of the
application for license, the State Department of Agriculture shall
consider:
(a) The ability of the applicant to qualify with the provisions of
the federal Packers and Stockyards Act of 1921, 7 U.S.C. 181 to 228, as
amended, and effective June 29, 1971.
(b) The testimony and evidence adduced at the hearing provided for
in ORS 599.416 and the data and information contained in the application
required by ORS 599.406.
(c) The nature and extent of livestock auction market services
already available in the trade area proposed to be served by the
applicant, and whether the granting of a license to the applicant would
be beneficial or detrimental to the livestock industry and economy in the
trade area, or would impair the ability of any other livestock auction
market license holders to continue unimpaired service to the trade area.
(d) Any record or information relating to the applicant's prior
experience in the operation of a livestock auction market and apparent
ability to permanently and continuously serve the trade area in such
capacity.
(2) An application for license at an existing licensed livestock
auction market location that is occasioned solely by a change in the form
of ownership or by a transfer of ownership, shall be made upon forms
furnished by the department which need only contain the information
required in ORS 599.406 (1)(a), (b), (c) and (g), but if applicant's
transferor has altered or remodeled the facilities or if applicant
proposes to do so, the application shall also contain the information
required in ORS 599.406 (1)(d). The application processing fee required
by ORS 599.406 (3) shall not be applicable to an application filed
pursuant to this subsection.
(3) The application processing fee required by ORS 599.406 (3)
shall not be applicable to an application for the reissuance of a license
to operate at a livestock auction market location if the application is
made within one year after the expiration of the applicant's license to
operate at that location and the expired license was otherwise valid at
the time of expiration. [1971 c.578 §6; 1999 c.473 §2] (1) If the State
Department of Agriculture determines the application for license should
be granted it shall issue a license. Any order of the department denying
the application for license shall be in writing and forwarded to the
applicant by certified mail and shall set forth the basis for such denial.
(2) Within 30 days of the date of any order of denial of an
application the applicant may file a request for reconsideration with the
department, supported by any additional facts, information or material
which the applicant believes may justify reconsideration of the denial.
(3) If a request for reconsideration is filed with the department
as provided in subsection (2) of this section, the department shall
reconsider the denial and may grant the application, modify or affirm the
order of denial, or may order a rehearing. Notice of such departmental
action shall be rendered to the applicant within 30 days of receipt of
such additional facts, information or data. [1971 c.578 §7] An
application for renewal of a license may be granted by the State
Department of Agriculture without a hearing. If in the judgment of the
department it would be in the public interest to hold a hearing to
determine whether a renewal license should be granted, or upon written
request by a member of the board, or if in the judgment of the department
the renewal license should not be granted, a hearing shall be held
pursuant to ORS 599.416, and in that case the provisions of ORS 599.421
and 599.426 shall also be applicable. [1971 c.578 §8]STOCKYARDS As used in ORS
599.490 and 599.495, "stockyards" means any place, establishment or
facility commonly known as stockyards, conducted or operated for
compensation or profit as a public market, consisting of pens, or other
enclosures, and their appurtenances, in which live livestock are
received, held or kept for sale or shipment. [1957 c.390 §19]In order to carry out the provisions of ORS 596.020,
the State Department of Agriculture may require such testing, treating
and examining of livestock sold, traded, exchanged or handled at or
through any stockyard as in its judgment may be necessary to prevent the
spread of brucellosis, tuberculosis or paratuberculosis, hog cholera and
other infectious, contagious or communicable diseases among the livestock
of this state. [1957 c.390 §20; 1959 c.63 §7](1) The State Department of Agriculture may enter
into cooperative agreements or contracts with any agency or department of
the federal government whereby the State Department of Agriculture may:
(a) Assume authority and administrative responsibility over the
operations of livestock auction markets or stockyards, including but not
limited to federal posted yards which are under the authority and
responsibility of the federal government.
(b) Assume and carry out the program, procedures, services and work
being done or to be done by the federal agency or federal department in
Oregon to eradicate and to prevent the spread of brucellosis,
tuberculosis, paratuberculosis or other infectious, contagious,
communicable or dangerous diseases in livestock auction markets or
stockyards or the animals handled by such markets or yards.
(2) The State Department of Agriculture may contract with or enter
into agreements with the agencies or departments of the federal
government referred to in subsection (1) of this section to receive funds
which shall be deposited with the State Treasurer to be paid out and used
by the State Department of Agriculture in carrying out the provisions of
any Oregon law and of the Act of Congress under which the money is paid
in accordance with the terms of the contract or agreement. Such funds are
continuously appropriated for the purpose of carrying out this chapter in
accordance with the terms of the contract or agreement. [1957 c.390 §21;
1967 c.637 §19]MISCELLANEOUS PROVISIONS RELATING TO AUCTIONS No person
shall enter or offer or attempt to enter into any agreement or
arrangement with another person for the purpose of preventing competitive
bidding upon any horses, mules, cattle, sheep, swine or other livestock
shipped to a wholesale or central stockyards market for sale.(1) No person shall make any by-bids or other
false or fraudulent bids designed to stimulate bona fide bidding at any
auction sale of livestock.
(2) No person shall conspire with any other person for the purpose
of making such a bid or make any false statement relative to any such
livestock being sold, with intent to deceive any bidder or with intent to
influence any bid therefor. Any false statement relative to such
livestock, made by the owner thereof or the agent of the owner, shall
prima facie be presumed to have been made with intent to deceive any such
bidder.
(3) However, this section does not prohibit the owner or consignor
of livestock offered at public auction from announcing a minimum or
reserve bid, which shall either be noted in the catalog of such auction
or announced by the auctioneer. No person shall
include in any public auction or sale of purebred livestock any animal
which is not offered for bona fide sale, or which is placed in the sale
for the purpose, or with the intent, of creating, or attempting to
create, any fictitious value for any other animal offered at such sale by
by-bidding, offering fictitious bids, making fictitious sales or
otherwise. (1) In cases
where there is an animal listed in the printed catalogue or other
advertisements of any auction sale of purebred livestock and is withdrawn
prior to the sale, the reason for such withdrawal shall be publicly
stated by the owner or consignor or the agents of the owner or consignor,
or by the auctioneer, prior to the commencement of such sale.
(2) As used in ORS 599.530 and this section, the term "purebred
livestock" includes all animals registered or eligible to registration in
the various breed associations organized and maintained for the
registration of cattle, horses, swine, sheep or goats, and having
jurisdiction over the registration of such animals in the United States. No person shall sell or
offer for sale for dairy purposes at public auction, any cows giving milk
and intended to be used for dairy purposes, that have not been milked out
entirely dry within not more than 12 hours preceding the opening of the
sale at which such cows are offered for sale or sold. Any person selling or
offering for sale any cows in milk at public auction, intended to be used
for dairy purposes, shall file with the auctioneer of the sale the
affidavits of two freeholders to the effect that they have knowledge that
such cows have been milked entirely dry within the time specified by ORS
599.550.TEMPORARY HORSE SALE LICENSES (1) Notwithstanding
other laws to the contrary, any person desiring to conduct a temporary
horse sale to which the public may consign horses for sale by auction
open to public bidding and where such sale shall not exceed one calendar
day may make application to the State Department of Agriculture for a
temporary horse sale license.
(2) A temporary horse sale license shall be issued when the
department finds:
(a) That an application as approved by the department has been
received.
(b) That the applicant has filed with the department a bond as
required by ORS 599.245, an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 or a cash deposit with the
department in lieu thereof, except that such bond, letter of credit or
deposit may be limited to the period of operation of the temporary horse
sale as approved by the department, and except that the bond, letter of
credit or deposit shall be at least $25,000.
(c) That a license fee of $25 has been paid.
(d) That the requirements of ORS 599.610 to 599.640 and the rules
promulgated thereunder are complied with.
(3) A separate application, license fee and adequate bond, letter
of credit or deposit as required by subsection (2) of this section, is
necessary for each day upon which horses are sold.
(4) A license shall not be required for the sale of horses by
nonprofit breed or livestock associations or clubs, Future Farmer and 4-H
groups, auction sales conducted in conjunction with county, state or
private fairs or auction sales conducted by or for a person at which
horses of such person's ownership are sold on premises of the person or
by a person licensed pursuant to the provisions of ORS 599.235 and
599.401. [1959 c.63 §2; 1971 c.578 §17; 1981 c.248 §18; 1991 c.331 §91;
1997 c.631 §504] Except as provided by ORS
599.245, the provisions of this chapter shall not apply to a person
licensed pursuant to ORS 599.610. In lieu thereof, the State Department
of Agriculture shall promulgate regulations relating to the time, place,
manner and method of the temporary sale of horses as authorized by ORS
599.610. In the enforcement of such provisions or the promulgation of
regulations thereunder, the department shall take into consideration the
following factors:
(1) The measures necessary to establish and maintain the same
standards and purposes as are contained in the laws and regulations
relating to livestock auction markets and stockyards licensed under and
subject to the provisions of this chapter and ORS chapter 596 and yet at
the same time to provide a practical and reasonable procedure to permit
the holding of such temporary sale of horses.
(2) Those measures necessary to control or eradicate contagious or
infectious diseases of horses.
(3) The employment of a veterinarian by the licensee as provided by
ORS 599.335.
(4) The economic consequences to the citizens of this state which
may result from the spread of all diseases of horses.
(5) The extent to which certain diseases of horses are endemic or
epidemic through neighboring states, the United States or this state.
(6) The extent to which livestock other than horses which are
infected with or are carriers of the diseases may be adversely affected
by reason thereof.
(7) The laws and regulations of the United States and other states.
(8) The laws relating to brands, as provided by this chapter. [1959
c.63 §3] The
State Department of Agriculture may revoke or suspend or refuse to issue
the temporary horse sale license of any person who does not or has not
complied with the provisions of ORS 599.610, 599.620 and 599.640 or
regulations promulgated thereunder. [1959 c.63 §4] No person
shall violate the provisions of ORS 599.610 and 599.620 or the
regulations promulgated thereunder. No person other than a licensee of a
livestock auction market or stockyard as provided by ORS 599.235 and
599.401 shall operate an establishment, place of business, or conduct a
sale to which the public may consign or permit horses to be sold by
auction open to public bidding, without first obtaining a temporary horse
sale license as authorized by ORS 599.610. [1959 c.63 §5; 1971 c.578 §18]
PENALTIES Violation of any of the provisions of this
chapter is a misdemeanor. [1971 c.578 §21]
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