Oregon Chapter 596
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TITLE 48
ANIMALS
Chapter 596. Disease Control Generally
599. Livestock Auction Markets; Stockyards;
Auction Sales
600. Swine
601. Dead Animals
602. Bees
603. Meat Dealers and Slaughterers
604. Brands and Marks; Feedlots
607. Livestock Districts; Stock Running at Large
608. Fences to Prevent Damage by or to Animals
609. Animal Control; Exotic Animals; Dealers
610. Predatory Animals
_______________
Chapter 596 —
Disease Control Generally
2007 EDITION
DISEASE CONTROL GENERALLY
ANIMALS
GENERAL PROVISIONS
596.010 Definitions
596.020 Duties
of the State Department of Agriculture in protection of people and livestock
596.030 Administration
of national plans relating to poultry; disposition of fees; suspension of
participants
596.040 Cooperative
agreements with U.S. Department of Agriculture or other federal agency for
livestock disease control; receipt and use of funds
596.050 Production
of bacteriological or biological products for department; use of proceeds
596.060 Peace
officers to assist the department
VACCINES AND TREATMENTS
596.065 Vaccines
and products hazardous to livestock health; rules; written permits authorizing
use, purchase, sale or distribution of vaccines and products
596.075 Prohibition
against use of listed harmful vaccines; exceptions
596.095 Definitions
for ORS 596.100, 596.105 and 596.995
596.100 Registration
of products used for treatment of animals; fees; rules
596.105 Products
exempt from registration; rules
STATE VETERINARIAN AND DEPUTY STATE
VETERINARIANS
596.210 Establishing
office of State Veterinarian; qualifications and duties
596.220 Deputy
state veterinarians
596.225 Contracting
for services of deputy state veterinarian; Veterinary Medical Fee Schedule
596.230 Duties
of deputy veterinarians
596.250 Revocation
or suspension of appointment of deputy veterinarian
CONTROL AND ERADICATION OF CONTAGIOUS
DISEASES
596.311 Examination,
testing or treatment of livestock at owner’s request before shipment; issuance
of health certificates; collection and disposition of fees
596.321 Rules
governing vaccinations and reporting of listed livestock diseases
596.331 Prohibition
against disposing of diseased livestock, parts of quarantined livestock or
unvaccinated female cattle; exceptions
596.341 Examination,
testing or treatment of livestock before entry into state; permit requirements;
conditions and exemptions
596.343 Testing
sheep for Akabane Virus
596.346 Permit
requirements and application form; material to be submitted with application
596.351 Prohibited
acts relating to livestock importation
596.355 Prohibition
against importation of livestock from quarantined area
596.361 Summary
quarantine of livestock imported in violation of ORS 596.351; disposal of
diseased livestock
596.371 Treatment
of diseased livestock by owner; notice; treatment by department; lien for
treatment
596.388 Department
to investigate cases of disease; authority of agents to enter premises
596.392 Authority
of department relating to disease control
596.393 Burning
or burial of carcasses to control disease
596.394 Summary
quarantine of livestock and contaminated property imported into state from
quarantined area; release thereof
596.396 Length
of quarantine; payment of expense of cleaning and disinfecting
596.402 Authority
to summarily quarantine areas; notice
596.404 Department
may seize part or product of slaughtered diseased livestock; release thereof
596.406 Department
to prescribe methods of destruction of property; indemnity
596.412 Factors
to be considered by department in exercise of disease control powers
596.416 Application
to court to compel owner or person in charge of property to cooperate
596.460 Duty
to separate and confine diseased animals; vaccination; evidence of vaccination
596.470 Health
certificates for disease-free animals
INDEMNIFICATION FOR LIVESTOCK OR PROPERTY
ORDERED DESTROYED
596.615 “Livestock”
defined
596.620 Indemnification
of owners of livestock or property slaughtered or destroyed by order of
department
596.625 Approval
of indemnification required
596.640 Livestock
and property not eligible for indemnity
596.650 Indemnity;
appraisal of animal or property prior to destruction
596.660 Method
of destruction; salvage
596.671 Amount
of indemnity
596.681 Limit
of state indemnity to livestock owner also receiving federal indemnity
PENALTIES
596.990 Penalties
596.995 Civil
penalties
GENERAL PROVISIONS
596.010
Definitions. 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]
596.020
Duties of the State Department of Agriculture in protection of people and
livestock. (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]
596.030
Administration of national plans relating to poultry; disposition of fees; suspension
of participants. (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]
596.040
Cooperative agreements with
(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]
596.050
Production of bacteriological or biological products for department; use of
proceeds. The
596.060
Peace officers to assist the department. 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
596.065
Vaccines and products hazardous to livestock health; rules; written permits
authorizing use, purchase, sale or distribution of vaccines and products. (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]
596.070 [Repealed by 1955 c.557 §4 (596.065 and
596.075 enacted in lieu of 596.070)]
596.075
Prohibition against use of listed harmful vaccines; exceptions. 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)]
596.080 [Repealed by 1955 c.557 §36]
596.090 [Repealed by 1955 c.557 §36]
596.095
Definitions for ORS 596.100, 596.105 and 596.995. 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.
596.100
Registration of products used for treatment of animals; fees; rules. (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.
596.105
Products exempt from registration; rules. 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
Note: See note under 596.095.
STATE
VETERINARIAN AND DEPUTY STATE VETERINARIANS
596.210
Establishing office of State Veterinarian; qualifications and duties. (1) There hereby is created within the State
Department of Agriculture the office of State Veterinarian of the State of
(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]
596.220
Deputy state veterinarians.
(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
(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]
596.225
Contracting for services of deputy state veterinarian; Veterinary Medical Fee
Schedule. (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]
596.230
Duties of deputy veterinarians.
(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.
596.240 [Repealed by 1961 c.219 §4]
596.250
Revocation or suspension of appointment of deputy veterinarian. (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)
(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
596.310 [Repealed by 1955 c.557 §9 (596.311 enacted
in lieu of 596.310)]
596.311
Examination, testing or treatment of livestock at owner’s request before
shipment; issuance of health certificates; collection and disposition of fees. (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]
596.320 [Repealed by 1955 c.557 §11 (596.321 enacted
in lieu of 596.320)]
596.321
Rules governing vaccinations and reporting of listed livestock diseases. (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]
596.330 [Repealed by 1955 c.557 §36]
596.331
Prohibition against disposing of diseased livestock, parts of quarantined
livestock or unvaccinated female cattle; exceptions. (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]
596.340 [Repealed by 1955 c.557 §13 (596.331 enacted
in lieu of 596.340)]
596.341
Examination, testing or treatment of livestock before entry into state; permit
requirements; conditions and exemptions. (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]
596.343
Testing sheep for Akabane Virus. 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]
596.346
Permit requirements and application form; material to be submitted with
application. 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
596.350 [Repealed by 1955 c.557 §15 (596.341,
596.351 and 596.361 enacted in lieu of 596.350)]
596.351
Prohibited acts relating to livestock importation. 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]
596.355
Prohibition against importation of livestock from quarantined area. 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]
596.360 [Repealed by 1955 c.557 §36]
596.361
Summary quarantine of livestock imported in violation of ORS 596.351; disposal
of diseased livestock. (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)]
596.370 [Repealed by 1955 c.557 §19 (596.371 enacted
in lieu of 596.370)]
596.371
Treatment of diseased livestock by owner; notice; treatment by department; lien
for treatment. (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]
596.380 [Repealed by 1955 c.557 §36]
596.384 [1953 c.689 §2; repealed by 1955 c.557 §36]
596.388
Department to investigate cases of disease; authority of agents to enter
premises. 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]
596.390 [Repealed by 1953 c.689 §13]
596.392
Authority of department relating to disease control. 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]
596.393 B