As used in this chapter, unless the context
requires otherwise:
(1) “Brand” means a distinctive design, mark or other means of
identification applied to a designated location of the hide, wool or skin
of livestock, by methods prescribed by administrative rule of the State
Department of Agriculture promulgated pursuant to ORS chapter 183.
(2) “Brand inspection” means the department’s:
(a) Examination of the brands, tags, breed, flesh marks including
dewlaps and wattles, earmarks, coloring, sex, age or other distinguishing
characteristics of livestock;
(b) Examination of documents and other evidence of ownership or
right to possession of livestock; and
(c) Issuance or refusal to issue a brand inspection certificate.
(3) “Brand inspection certificate” means a document issued by the
department which shall only be valid for eight days, unless otherwise
specified therein, and which includes:
(a) The date and place of issuance;
(b) The quantity of livestock inspected and a description of the
distinguishing characteristics of hides or of livestock examined,
including brands, tags, breed and sex;
(c) The name and address of the person to whom issued and the name
and address of the owner;
(d) The destination of the livestock, if transportation thereof is
to take place;
(e) A statement of any limitation on the use of the certificate, or
on its period of validity; and
(f) A signed certification of the department’s brand inspector that
the brand inspector has examined the described hides or livestock and
documents associated therewith and that to the best of the inspector’s
knowledge the hides or livestock are owned or in the lawful possession of
the person presenting the hides or livestock for brand inspection.
(4) “Custom slaughtering establishment” shall have the meaning set
forth in ORS 603.010.
(5) “Department” means the State Department of Agriculture.
(6) “Document of title” shall have the meaning set forth in ORS
71.2010.
(7) “Livestock” means cattle, horses, mules, asses and any other
animals designated by the administrative rule of the department, and for
the purposes of ORS 604.027 and 604.056 shall include sheep.
(8) “Livestock auction market” shall have the meaning set forth in
ORS 599.205.
(9) “Livestock carrier” means the person who transports livestock
by rail, motor vehicle, boat, aircraft or on the hoof, either as a common
carrier who is available to the public to perform this service for
compensation, as a contract carrier who enters into agreements with
specific individuals to perform this service for compensation, or as a
private carrier who performs this service without compensation as an
owner, lessee or bailee of livestock.
(10) “Slaughterhouse” shall have the meaning set forth in ORS
603.010. [1981 c.248 §2; 1991 c.660 §1]
(1) The State Department of
Agriculture may appoint and designate employees as brand inspectors to
administer and enforce the brand inspection activities of the department
under ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610, 603.015,
603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071, 604.640,
604.650 and 604.992. In addition, the department may authorize and direct
brand inspectors to administer and enforce other laws under the
jurisdiction of the department.
(2) In making appointments under subsection (1) of this section,
the department may appoint as part-time brand inspectors persons in the
unclassified service of the personnel relations system who possess the
necessary experience, knowledge and qualifications and pay them on any
reasonable and fair basis. However, at any time the average monthly
compensation received by such a person during a six-month period equals
or exceeds the minimum wage or starting step of the pay range or schedule
established for brand inspectors, then the person and the position are
subject to the State Personnel Relations Law. If such person in the
opinion of the department has satisfactorily carried out the duties as a
brand inspector, and if it is in the best interests of the department,
the person shall be given regular merit system status and shall be
entitled to be hired by the department upon successfully passing a
noncompetitive examination for this classification.
(3) In making appointments under subsection (1) of this section,
the department may appoint as brand inspectors persons subject to the
State Personnel Relations Law. At any time in any area where the workload
decreases or other facts or conditions require only the part-time
services of a person in a classified position, the department may declare
the position to be unclassified.
(4) By written agreement, the department may designate employees of
another state agency, or of a county or city government, as brand
inspectors to administer and enforce the department’s brand inspection
activities or other laws under the jurisdiction of the department in the
same manner and to the same extent as brand inspectors appointed under
subsection (1) of this section. While carrying out the authority
delegated under this subsection, brand inspectors shall comply with the
provisions of ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610,
603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071,
604.640, 604.650 and 604.992, and the administrative rules promulgated
thereunder, collect any brand inspection fees due the department and
forthwith pay the same to the department, continue to act under the
supervision of their employing agencies, continue to carry out their
regular duties for their employing agencies, and receive or have their
employing agencies receive any agreed compensation from the department
for carrying out the authority delegated under this subsection. The
department may terminate any designation under this subsection without
hearing or notice, notwithstanding any laws to the contrary.
(5) The department may appoint and designate employees as livestock
police officers or investigative officers to administer and enforce the
department’s authority under ORS 561.144, 577.512, 599.205, 599.269,
599.273, 599.610, 603.015, 603.034, 603.075 to 603.095, 603.992, 604.005
to 604.071, 604.640, 604.650 and 604.992, including supervision of brand
inspectors. In addition, the department may authorize and direct
livestock police officers or investigative officers to administer and
enforce other laws under the jurisdiction of the department. Brand
inspectors, livestock police officers and investigative officers are
empowered to carry out the activities of peace officers and police
officers, as set forth in ORS chapter 133. They may be furnished
uniforms, identification badges, emergency vehicles and other equipment
appropriate to carrying out investigative and law enforcement activities.
[1981 c.248 §3; 2003 c.604 §106]
(1) The State Department of Agriculture
shall be the exclusive recorder of livestock brands. The department may
not record:
(a) A brand consisting of three or more letters or three or more
figures, or any combination thereof, on the shoulders of cattle or on
other locations specified by the department;
(b) A painted brand unless composed of numbers, letters or symbols,
or a combination thereof; or
(c) Similar brands to more than one person.
(2) The proscription set forth in subsection (1)(a) of this section
does not prohibit the continued use of any such brands that were
previously recorded. Also, such letters and figures may be used on the
shoulders of cattle or other locations approved by the department by the
owners thereof for the purposes of identifying breed, breed registry,
rodeo or show registry, age or similar characteristics, but may not be so
used as to conflict with or be confused with a recorded brand.
(3) The department is authorized to modify, rescind or refuse the
recording of any brands that are conflicting or that the department
believes will blotch, and make any changes in brands deemed necessary to
resolve a conflict or correct a design imperfection. Notwithstanding ORS
chapter 183, any such modification, change, rescission or refusal of the
department may be made by written notice to affected persons and shall be
a final order of the department. [1981 c.248 §4; 2003 c.140 §1]
(1) A person desiring to record a brand on any species of livestock shall
submit a written and signed application therefor to the State Department
of Agriculture, setting forth a facsimile and description of the brand,
the species of livestock upon which it will be used and the specific
intended location on the animal. The application must be accompanied by a
brand recording fee of $25 for each brand on each species of livestock on
which the brand is to be used. The person must also pay a prorated
activation fee prior to recordation of the brand. The activation fee may
not exceed $100. Upon receipt of an application and the required fees, if
the department determines that the brand applied for is available, the
department shall issue a certificate of recordation of the distinctive
brand, the approved location on the animal and the species of livestock
to which it applies.
(2) During September of each year the department shall attempt to
notify all holders of an expiring recorded brand of the need to renew the
brand. The department shall attempt the notification by sending a renewal
notice to the holder’s last address as shown on the department’s records.
The holder of a recorded brand may renew the brand by submitting to the
department a brand renewal fee for each brand on each species of
livestock on which the brand is to be used. The brand renewal fee may not
exceed $100. However, if the species of livestock is sheep, the fee may
not exceed $40.
(3) A recorded brand expires if the department does not receive the
brand renewal fee by January 4 next following the attempt to notify the
brand holder of the need to renew the brand. Within 60 days after a brand
expires, the department shall give written notice of the expiration by
mail addressed to the person who held the expired brand at the last
address shown on the department’s records. The fee to activate an expired
brand is equal to the brand recording fee plus a prorated renewal fee. If
the person fails to activate the expired brand within one year after
expiration of the brand, the brand is considered abandoned and any person
may apply for recordation and use of that brand.
(4) When issuing or renewing a brand recordation, the department
shall adjust certificate expiration dates as necessary to ensure that an
approximately equal number of brand recordation expire in each year of a
four-year cycle. The department shall prorate a brand renewal fee to
reflect an adjustment of a certificate expiration date.
(5) The department shall establish the amount of brand activation
fees and brand renewal fees by rule. [1981 c.248 §5; 1985 c.262 §1; 1991
c.660 §2; 2003 c.575 §1](1) The
brand recorded or renewed under ORS 604.027 is the exclusive property
right of the holder thereof, and the holder has exclusive right to use
the brand in accordance with its recordation. The holder may transfer the
recorded brand by sale, assignment or otherwise and may bequeath the
brand by will or subject to the laws of descent and distribution as
personal property.
(2) Proof of a recorded brand is prima facie evidence of the
ownership or right to possession of livestock upon which the brand is
used in all civil or criminal actions and suits involving an issue of
ownership or right to possession of such livestock. Parol evidence is
inadmissible to prove a person is a holder of a recorded brand. Evidence
of ownership or right to possession of livestock by Oregon brands thereon
is inadmissible unless the brands are recorded, and a disputable
presumption of ownership arising from possession, common reputation or
the exercise of an act of ownership shall prevail. [1981 c.248 §6; 2003
c.575 §2] Upon
recording of a brand under ORS 604.027, the State Department of
Agriculture may:
(1) Issue a certified copy of its certificate of recordation upon
the payment of a fee therefor to be established by the department; and
(2) Periodically publish brand books or supplements thereto, and
distribute them upon payment of a fee to be established by the department
sufficient to cover its costs therefor. [1981 c.248 §7] (1) Except as
provided in subsection (2) of this section, in order to transfer a
recorded brand by sale, assignment or otherwise, the transferor shall
submit a written, signed and witnessed document of transfer to the State
Department of Agriculture, accompanied by an application of the
transferee as prescribed in ORS 604.027 (1), accompanied by a brand
transfer fee of $25. Upon determining that the brand transfer documents
are in order, the department shall issue its certificate of recordation
to the transferee.
(2) In the event of the death of a holder of a recorded brand, the
person to whom it is transferred, either by will or the laws of descent
and distribution, may have the brand recorded to the transferee or to
another person upon submitting to the department within six months of the
death of the holder of the recorded brand, either a copy of an order of a
court having jurisdiction of the decedent’s estate directing such
transfer accompanied by an application of the transferee as prescribed in
ORS 604.027 (1) and the brand transfer fee prescribed in subsection (1)
of this section, or if no court has jurisdiction of the decedent’s
estate, an affidavit of the person entitled by the laws of descent and
distribution to have the brand recorded to the person accompanied by an
application of the transferee as prescribed in ORS 604.027 (1) and the
brand transfer fee prescribed in subsection (1) of this section. The
affidavit shall include:
(a) The name and address of the decedent and the date and place of
death;
(b) The name and address of the affiant, and if the intended
transferee is another person, the name and address of such person with a
statement of intent to transfer to the person;
(c) A description of the recorded brand as prescribed in ORS
604.027 (1); and
(d) A statement that the affiant is entitled to have the described
brand transferred to the affiant or to the other named person, and that
the affiant agrees to the termination of the brand recordation should the
affidavit be found false in any material respect.
(3) If the transfer documents prescribed in subsection (2) of this
section are not submitted within six months after the death of the holder
of the recorded brand, the brand recordation shall terminate and
thereafter be available for recording by any person. [1981 c.248 §8](1) Brand inspection and the
issuance of a brand inspection certificate is required in this state in
the following instances:
(a) Livestock to be transported from any place in this state to or
through any place outside of this state;
(b) Livestock to be transported from any place in this state to a
range or pastureland outside of this state and destined to be ultimately
returned to this state;
(c) Except as provided in subsection (5)(c) of this section,
livestock destined for sale or slaughter at any livestock auction market
or other sales facility or slaughterhouse in this state, and prior to
such sale or slaughter; and
(d) In order to prevent fraud or dishonesty being perpetrated upon
livestock purchasers of this state, livestock transported from any place
outside of this state to any livestock auction market or other sales
facility or slaughterhouse in this state for sale within this state,
unless exempted therefrom under subsection (5)(b) of this section.
(2) Brand inspection may be performed, upon request of the owner or
person in possession of livestock, at either a regular brand inspection
location or a place designated by the person requesting the brand
inspection. In the latter case, the State Department of Agriculture may
require payment of its time and travel costs as a condition to performing
the brand inspection. In the event the requested brand inspection is at a
place other than an auction market or registered feedlot, the department
shall also assess and collect a service fee of $10.
(3) In addition to brand inspections under subsections (1) and (2)
of this section, the department is also authorized to establish and carry
out a system of brand inspection at the times and places as an
intrastate, regional movement of cattle takes place, or as a change of
ownership takes place. In establishing any system authorized by this
section, the department shall consider the customs, practices and theft
or ownership problems of the livestock industry, the economic feasibility
of carrying out a system, the volume of livestock movement within the
state or within specific areas of the state, the laws and regulations of
the United States and the desirability for a system as evidenced by a
majority of persons who would be affected by the system. Such a system,
established in accordance with the provisions of ORS chapter 183, may
include:
(a) That the brand inspection may be in addition to or in lieu of
other brand inspections required or allowed by this chapter and the
circumstances or conditions under which the alternatives shall be allowed;
(b) The times and places the brand inspection shall take place in
relation to the time of movement or location change, or the change of
ownership;
(c) The establishment of a brand inspection fee and the person
responsible for payment thereof;
(d) The establishment of geographic, regional or political areas
within the state in which brand inspection is required; and
(e) The circumstances or conditions under which an exemption from
or modification of the system’s requirements may be allowed, considering
their feasibility in relation to movement or sale of minimum numbers of
livestock.
(4) In addition to brand inspections under subsections (1), (2) and
(3) of this section, the department is also authorized to inspect any
hides or livestock at any time, and at any public or private place,
building or livestock carrier, if there is a need to identify diseased or
suspected diseased livestock, or if there is reasonable cause or
suspicion to believe any provisions of this chapter, or the
administrative rules thereunder, or of any criminal laws relating to the
possession of livestock, are being violated. This authority is in
addition to any authority granted police officers, the department’s brand
inspectors, livestock police officers and investigative officers under
ORS 133.525 to 133.703 relating to search and seizures. If an inspection
results in a finding that a brand inspection certificate accompanying the
hides or livestock is false, erroneous or incomplete in any material
respect, or if there is a question of whether the person in possession is
the owner of the hides or livestock or is in lawful possession thereof,
or if the person in possession of the livestock fails to submit evidence
requested under ORS 604.051 (1), the department may undertake any of the
actions described in ORS 604.056.
(5) In lieu of the brand inspection and the issuance of a brand
inspection certificate required by subsection (1) of this section, an
alternative document specified hereafter may accompany livestock in each
of the following instances:
(a) Horses, when accompanied by a special nontransferable brand
inspection certificate identifying such horses and issued by the
department for an indeterminate time to the owner of the horses;
(b) Livestock transported to any slaughterhouse in this state from
any place outside this state, if entering this state accompanied by a
brand inspection certificate or similar document issued by the other
state, provided that such other state has brand inspection comparable to
the inspection of this state; or
(c) Cattle, in lots not to exceed 15 head, presented by one person
for slaughter at any slaughterhouse when accompanied by a special
slaughterhouse certificate issued by the department for which a fee,
established by the department under ORS 604.066 (2), has been paid.
(6) Brand inspection at slaughtering establishments or other
facilities where cattle are slaughtered or cattle hides are received, may
be required of cattle hides under a system established by the department
in accordance with the provisions of ORS chapter 183. In establishing any
system authorized by this section, the department shall consider theft or
ownership problems associated with slaughtered cattle, the economic
feasibility of carrying out the system, the attitudes of the affected
members of the livestock industry of this state, the volume of
slaughtered cattle within the state or within specific areas of the
state, and the laws and regulations of the United States. Any system
established under this section may include:
(a) The designation of geographic, regional or political areas
within the state in which cattle hide inspection is required;
(b) The use of tags, stamps or other devices evidencing ownership
of the cattle slaughtered; and
(c) The methods, locations and times for cattle hide inspection.
(7) By written agreement with the appropriate agencies in the
States of California, Nevada, Idaho or Washington, the department may
recognize brand inspections performed in any of such other states in lieu
of the brand inspections required by this chapter. Any such agreement
shall provide that recognition of brand inspections of any such other
state shall be effective only while brand inspections performed pursuant
to this chapter are recognized in such other state. [1981 c.248 §9; 1983
c.102 §1; 1985 c.262 §2; 1987 c.348 §1; 1991 c.660 §3] (1)
Whenever livestock or hides are subject to brand inspection under ORS
604.046, the person in possession shall submit evidence of ownership or
right to possession of the livestock or hides at the request of the State
Department of Agriculture. The evidence may consist of any documents and
statements that tend to establish such ownership or right to possession.
The prima facie character of a recorded brand and the disputable
presumption against unrecorded brands set forth in ORS 604.035 (2), shall
be given recognition by the department.
(2) The department shall examine livestock or hides, review any
evidence submitted pursuant to subsection (1) of this section and
otherwise perform brand inspection to determine whether the person in
possession is the owner or lawful possessor thereof. Except for brand
inspections made under ORS 604.046 (4), if the department determines the
person is the owner or lawful possessor, it shall issue an appropriate
brand inspection certificate. However, if the department determines there
is a question of ownership or right to possession of the livestock or
hides, or if the person in possession of the livestock or hides fails to
submit the evidence requested under subsection (1) of this section, the
department shall refuse to issue its brand inspection certificate and may
undertake any of the actions described in ORS 604.056. [1981 c.248 §10](1) The State Department of
Agriculture may detain, seize or embargo hides or livestock in carrying
out and enforcing the provisions of ORS 561.144, 577.512, 599.205,
599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095, 603.992,
604.005 to 604.071, 604.640, 604.650 and 604.992 relating to the
ownership or right to possession of livestock. Recognizing that the
provisions of ORS 561.605 to 561.620 relating to the departmental
procedures for detaining, seizing or embargoing commodities are not
readily applicable to livestock, the following shall apply whenever the
department detains, seizes or embargoes hides or livestock under the
provisions of ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610,
603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071,
604.640, 604.650 and 604.992:
(a) The department shall issue its written notice of detention,
seizure or embargo to the person in possession of the hides or livestock,
directing them to be held subject to further order of the department and
any detention, seizure or embargo shall be subject to the contested case
provisions of ORS chapter 183. The issuance of a notice of detention,
seizure or embargo to a livestock carrier shall relieve such carrier from
liability for any loss or damage resulting from the detention, seizure or
embargo.
(b) If the department cannot determine from its investigation who
is the owner or person entitled to possession of hides or livestock, it
may handle and dispose of the hides and livestock in the same manner as
provided for the handling and disposition of estray livestock under ORS
chapter 607. In the event the livestock is determined by an assistant
state veterinarian or deputy state veterinarian to be diseased, disabled
or dying so as to be unsalable, the department may order its immediate
condemnation in lieu of handling and disposition under ORS chapter 607,
and any salvage value recovered by the department from the sale of
carcasses or hides shall be disposed of in the same manner as impounded
sales proceeds of an unknown owner under subsection (2) of this section.
(c) During an investigation to determine the owner or person
entitled to possession of hides or livestock, the department may
authorize the hides or livestock to be moved and retained in another
location, but the hides or livestock shall not be moved therefrom without
a written order issued by the department and then shall only be moved or
handled in accordance with the terms of such order.
(d) If the hides or livestock are brand inspected at a livestock
auction market, slaughtering establishment or other sales facility where
the hides or livestock are destined for sale, the department may permit
the sale of the hides or livestock and impound the proceeds of the sale
in lieu of detaining, seizing or embargoing the hides or livestock. After
the department impounds the sales proceeds, the department shall issue a
written notice of impoundment to the seller of the hides or livestock,
directing that the sales proceeds remaining after the seller has deducted
sales charges be retained by the seller subject to further order of the
department for up to 15 days, at which time the sales proceeds shall be
remitted by the seller to the department. The sales proceeds received by
the department from the seller are not public funds of the state but
rather are held by the department in trust for the person determined to
be the owner or entitled to possession of the hides or livestock sold.
(2) If the department impounds sales proceeds under subsection
(1)(d) of this section, the department shall give written notice of the
impoundment to all known claimants to the sales proceeds, hides or
livestock at the last-known addresses thereof, and set forth that the
sales proceeds shall be subject to proof of claim for a period of 60 days
from the date of the notice of impoundment, during which the claimants
may submit their proofs of claim to the department. Within 30 days after
expiration of the time within which proofs of claim may be submitted, the
department shall review the data submitted, investigate the claims and
render a written notice of determination to the persons having submitted
proofs of claim. The determination of the department shall be a final
order and subject to judicial review under ORS 183.484, and if there is
more than one claimant, payment of sales proceeds may not be made until
the expiration of the time within which judicial review may be had. Any
impounded sales proceeds that cannot be paid to persons under this
section within one year of impoundment cease to be trust funds and become
part of the state’s public funds continuously appropriated to the
department for carrying out the provisions of ORS 561.144, 577.512,
599.205, 599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095,
603.992, 604.005 to 604.071, 604.640, 604.650 and 604.992. [1981 c.248
§11; 2003 c.604 §107] (1) Cattle transported from the
premises of the owner or person in lawful possession to another place in
this state shall be accompanied by a transportation certificate.
(2) For the purposes of this section “transportation certificate”
means a document signed by the owner or person in lawful possession of
the cattle to be transported, on a form prescribed by the State
Department of Agriculture, setting forth the identity of the cattle
owner, the point of origin and destination of the cattle, the number of
head, a description of the distinguishing characteristics of the cattle,
including brands, tags, breed and sex, and an authorization to transport
if it is to be performed by a person other than the owner.
(3) A transportation certificate is not required for cattle herded,
drifted or trailed to or from pasture or range in this state in the usual
course of ranch operation. [1981 c.248 §12] (1) Except as provided in
subsection (2) of this section, the State Department of Agriculture shall
charge and collect a brand inspection fee in accordance with the
following:
(a) $20 for the brand inspection described in ORS 604.046 (5)(a); or
(b) $5 per head for a brand inspection when the brand inspection
certificate utilized is valid for a period in excess of eight days.
(2) In accordance with the provisions of ORS chapter 183, the
department shall establish a brand inspection fee of not less than 50
cents and not more than 75 cents per head of cattle or per cattle hide,
and of not more than $3.75 per head of horses, mules and asses.
(3) The brand inspection fee, including assessments under ORS
577.512, shall be paid to the department by the person requesting or
requiring brand inspection to be performed. Livestock auction markets,
slaughterhouses and custom slaughtering establishments at which brand
inspection is performed shall collect the fees therefor and forthwith pay
them to the department. A brand inspection fee may not be collected by
livestock auction markets on livestock whose value is $10 or less, unless
the animal is destined for slaughter or shipment out of this state or on
cattle not more than 90 days of age that are to be transported to a range
or pastureland outside of this state. However, any assessments under ORS
577.512 are still payable to the department.
(4) A person may claim a refund of brand inspection fees paid on
Oregon livestock transported from any place in this state to any place
outside of this state and then returned to this state, if the movement is
continuous without unloading enroute, is done in the usual course of
ranch operations and is not related to a change of ownership. The refund
may be claimed only for brand inspection fees paid on the identical
livestock transported. A written claim for refund shall be submitted to
the department within 90 days from the initiation of the livestock
movement, accompanied by an affidavit prescribed by the department
confirming the circumstances set forth in this paragraph.
(5) Except as provided in ORS 577.512, the department shall deposit
all fees paid to it under this chapter in the State Treasury to the
credit of the Department of Agriculture Service Fund, and such fees are
continuously appropriated to the department for administering and
enforcing this chapter. The provisions of ORS 561.144 apply to such fees.
[1981 c.248 §13; 1983 c.102 §2; 1985 c.262 §3; 1987 c.163 §3; 2003 c.604
§108] No person shall:
(1) Purchase, sell, handle or transport hides or livestock in
violation of ORS 604.005 to 604.071, 604.640, 604.650 and 604.670 or the
administrative rules promulgated thereunder;
(2) While marking livestock on the ear, either cut, mark or remove
more than one-half of the ear;
(3) Except for the normal sheepshearing process, cut, burn or
otherwise obliterate or disfigure the brand, earmark, dewlap or other
distinguishing characteristics upon hides or livestock;
(4) Purchase, sell or hold for sale any hides or livestock in the
condition described in subsection (3) of this section;
(5) As a custom slaughterer, fail to identify livestock hides and
the persons from whom they were obtained;
(6) Use a recorded brand or similar design on livestock unless the
person is the current recorded holder thereof, or use a brand recorded in
another state, except in accordance with rules adopted by the State
Department of Agriculture;
(7) Transport livestock out of this state without a brand
inspection certificate having been issued to the person presenting the
livestock for transport, or fail to have a document identifying each load
of livestock as a part of the livestock described on the brand inspection
certificate accompanying each load, or fail to deliver the brand
inspection certificate to the livestock consignee upon reaching the
intended destination;
(8) Refuse to permit the department to inspect hides or livestock,
or refuse to permit hides or livestock to be sheared or otherwise handled
so as to enable the department to determine the brands thereon; or
(9) Knowingly make or issue any false, misleading or incomplete
certificate, affidavit, application, proof of claim, document of title or
other written instrument required or allowed under the provisions of ORS
604.005 to 604.071, 604.640, 604.650 and 604.670. [1981 c.248 §14; 1987
c.164 §1] (1) In addition to the
authority set forth in ORS 604.015, in the enforcement of this chapter,
the Director of Agriculture has the authority to issue and serve
citations to any person for violation of any provision of ORS 604.071.
(2) The director may delegate the authority to issue citations to
investigative officers and brand inspection supervisors.
(3) A citation shall contain the information and substantially
conform to the requirements for a citation under ORS chapter 153. [1987
c.165 §2; 1999 c.1051 §136]FEEDLOTSAs used in ORS 604.620 to
604.670, “licensed feedlot” means a beef cattle feedlot, licensed by the
State Department of Agriculture, that has more than 500 head of cattle
being fed for slaughter at one time during a calendar year. [1975 c.162
§2] (1) No
person shall be entitled to utilize the brand inspection and inventory
procedures prescribed in ORS 604.630 to 604.650 and 604.670 without first
obtaining and maintaining a license as a licensed feedlot.
(2) An application for a license or renewal thereof shall be made
to the State Department of Agriculture on forms prescribed by the
department, and shall be accompanied by the annual license fee of $100.
The license is personal and nontransferable. A new license is required at
any time there is a change in ownership, legal entity or establishment
location. All such licenses shall expire on January 1, next succeeding
the date of issuance.
(3) In accordance with the provisions of ORS chapter 183, the
department may suspend, revoke or refuse to issue or renew a license to
any applicant or licensee whose establishment construction or methods of
operation do not comply with the requirements established by the
department. [1975 c.162 §3] At the time a license is issued,
the State Department of Agriculture and the licensee shall jointly make
and record a physical inventory of all cattle in the feedlot of the
licensee. Thereafter, such inventory record shall be maintained by the
licensee and shall be subject to review or audit by the department at any
time during the normal business hours of the licensee at least once a
month for the purpose of reconciling the same with the records of the
department. [1975 c.162 §5] All
cattle received at the licensed feedlot shall be consigned to special
holding pens and held therein until inspected and released to the general
feedlot area by the brand inspector of the State Department of
Agriculture. The department’s inspector shall review and verify all
documents of title, transportation certificates, brand inspection
certificates, memorandum brand inspection certificates, or record of
transfer relating to such cattle, and if such documents are in order
shall add such cattle to the department’s inventory records of the
licensee. The department shall not charge for such inspections unless a
transportation certificate is subject to review and verification. In this
event, the department shall charge the brand inspection fee established
by law. [1975 c.162 §6; 1981 c.248 §30] (1) All
cattle, including salvage animals, dead animals, other sale animals and
fed cattle being sent to slaughter, removed from the licensed feedlot
shall be inventoried by the brand inspector of the State Department of
Agriculture and the number thereof deducted from the department’s
inventory records of the licensee. The department shall thereafter issue
its brand inspection certificate, or other appropriate document
evidencing brand inspection, listing thereon only the number and general
description of the cattle removed from the licensed feedlot. The
department shall charge the brand inspection fee established by law for
such inventory and inspection.
(2) Upon completion of the inventory and inspection of the cattle
being removed from the licensed feedlot, no person shall add, remove or
substitute for any animal in the lot of cattle subjected to such
inventory and inspection. [1975 c.162 §7; 1981 c.248 §31] The State Department of Agriculture,
under the provisions of ORS chapter 183 may promulgate such rules as are
necessary to administer and enforce the provisions of ORS 604.610 to
604.670, including but not limited to:
(1) The time and manner of maintaining inventory records; and
(2) Controls and minimum standards of construction and methods of
operation by licensees. [1975 c.162 §4]PENALTIES (1) Violation of any of the provisions of this
chapter, or the administrative rules or orders promulgated thereunder, is
a Class B misdemeanor.
(2) Notwithstanding ORS 14.030 to 14.080, an action for violation
of brand inspection requirements may be commenced and tried in either the
county where the livestock movement originated or the county where the
livestock movement terminated. [1967 c.129 §18; 1981 c.248 §15]_______________
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