2007 Oregon Code - Chapter 596 :: TITLE 48
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 owners 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 departments 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
veterinarians 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 owners 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
Burning or burial of carcasses to control disease. (1) An authorized representative of the
State Department of Agriculture may cause the burning or burial of carcasses of
animals that have died or been destroyed because of an animal disease
emergency. The burning or burial shall take place at the location where the
death or destruction occurred or at a site approved by the State Veterinarian.
The carcasses, including those that are burned, shall be disposed of as
described under ORS 601.090 (7).
(2) The department shall notify state
health and environmental agencies of an intended action under subsection (1) of
this section.
(3) As used in this section, animal
disease emergency means the occurrence of a disease that the department
determines has potentially serious economic implications for the livestock
industries of this state. [1999 c.104 §1]
Note: 596.393 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 596 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
596.394
Summary quarantine of livestock and contaminated property imported into state
from quarantined area; release thereof. (1) The State Department of Agriculture may order summary quarantine
of any livestock and any property contaminated with disease or capable of
transmitting the disease to other livestock or humans which have been imported
into this state from any area under quarantine by the United States Department
of Agriculture or by the state or territory of origin, if such livestock or
property was removed from such area in violation of the rules of the United
States Department of Agriculture or of the state or territory of origin.
(2) The department shall impose such
conditions for release of quarantined livestock or property, not inconsistent
with the rules of the United States Department of Agriculture, as are necessary
to prevent the entry and spread of disease in this state.
(3) The department may also release
quarantined livestock and property which were imported to the custody of the
United States Department of Agriculture. [1955 c.557 §24]
596.396
Length of quarantine; payment of expense of cleaning and disinfecting. (1) Any quarantine imposed by the State
Department of Agriculture pursuant to ORS 596.392, 596.394, 596.402 or 596.404
shall be for such period of time as will reasonably insure that the quarantined
livestock, property, premises or place are no longer capable of transmitting or
causing the transmission of the disease.
(2) All expenses of cleaning, treatment
and disinfecting required by the department pursuant to ORS 596.371, 596.392,
596.394 and 596.404 shall be paid by the owner or person in possession of the
livestock, property or premises. [1953 c.689 §6; 1955 c.557 §26]
596.400 [Repealed by 1953 c.689 §13]
596.402
Authority to summarily quarantine areas; notice. (1) The State Department of Agriculture may
also summarily quarantine any legally described area of this state and prohibit
or otherwise restrict any movement of livestock, vehicles, persons or things
into or out of such area as the department deems necessary for the eradication
or control of a disease in the area, or for the prevention of the spread of
such disease into other areas of this state.
(2) When the department imposes a
quarantine under this section, it shall forthwith but not later than seven days
thereafter give notice of the quarantine in a newspaper of general circulation
in the quarantined area. A copy of the order of quarantine and any regulations
relating thereto shall be filed in the office of the county clerk in each
county in which quarantined property is located. The published notice of
quarantine shall contain a description of the boundaries of the quarantined
area and a notice that copies of the regulations applicable to the quarantine
are filed with the county clerk or may be obtained from the department.
(3) The provisions of ORS 561.510 to
561.560 shall not apply to quarantines imposed under this section. [1953 c.689 §7;
1955 c.557 §27]
596.404
Department may seize part or product of slaughtered diseased livestock; release
thereof. The State
Department of Agriculture may seize meat, hides, offal or any other part or
product of livestock slaughtered anywhere which is infected with, exposed to,
or a carrier of, disease and impose any conditions upon release from seizure
reasonably necessary to prevent the entry or spread of disease in this state. [1955
c.557 §25]
596.406
Department to prescribe methods of destruction of property; indemnity. When any real or personal property is
ordered destroyed, the State Department of Agriculture shall prescribe the
methods and procedures by which the destruction shall be effectuated and shall
supervise any destruction so ordered. Indemnity shall be paid to the owner of
such property as otherwise provided by law. However, no indemnity will be paid
if the livestock that created the condition requiring the property destruction
were imported into this state without a permit. [1953 c.689 §8; 1955 c.557 §28;
1973 c.2 §5]
596.410 [Repealed by 1953 c.689 §13]
596.412
Factors to be considered by department in exercise of disease control powers. When exercising the powers conferred by ORS
596.388 to 596.412, the State Department of Agriculture shall give appropriate
weight and consideration to the following:
(1) The previous existence of the disease
in this state.
(2) The action taken by the United States
Government in respect to the eradication and control of such disease.
(3) The economic consequences to the
citizens of this state which might result from the spread of the disease.
(4) The extent to which the disease is
endemic or epidemic through neighboring states, the United States and this
state.
(5) The extent to which livestock other
than those which are infected or carriers of the disease may be adversely
affected by it.
(6) Any other factors which may reasonably
be found to affect the welfare of the livestock industry specifically or the
people of the State of
596.416
Application to court to compel owner or person in charge of property to
cooperate. (1) In the event
the State Department of Agriculture or any of its employees or agents meet with
any resistance or lack of cooperation by the owner or person in charge of any
livestock or property in the performance of their duties, the department may
apply to the circuit court of the county in which such livestock or property is
located or, if livestock or property is located in two or more counties, in the
circuit court of any of those counties, for an order requiring such owner or
person to cease and desist such resistance or otherwise comply with the orders
of the department.
(2) The order of the court shall be based
upon a duly verified petition filed by the department setting forth the facts
relative to such resistance or lack of cooperation. A copy of the petition may
be served either by registered mail or by certified mail with return receipt
upon the owner or person in charge of the livestock or in the manner provided
for service of summons in civil actions. Such owner or person in charge shall
appear and answer the allegations of the petition within 10 days from the date
the petition was served.
(3) If the owner or person in charge of
any livestock or property fails to appear or the court either with or without
such appearance finds the allegations of the petition are true and the action
by the department necessary for the eradication and control of diseases of
livestock in this state, the court shall enter its order requiring the owner or
person in charge to cease and desist from such resistance or to comply with the
lawful orders of the department, as the case may be. However, the court may
enter its order without a hearing, if it satisfactorily appears to the court
that a delay in answering would jeopardize disease eradication and control. A
request by the department for a summary order by the court relative to any lack
of cooperation or resistance by the owner or person in charge shall be
supported by an affidavit showing the necessity for summary action.
(4) The sheriff of the county in which
such livestock or property is located shall execute such order by serving upon
the owners or person in charge of such livestock or property a copy thereof
duly certified to by the clerk of the circuit court, and by enforcing the
provisions thereof. [1953 c.689 §9; 1955 c.557 §29; 1991 c.249 §59]
596.420 [Repealed by 1953 c.689 §13]
596.430 [Repealed by 1955 c.557 §36]
596.440 [Repealed by 1955 c.557 §36]
596.450 [Repealed by 1955 c.557 §36]
596.460
Duty to separate and confine diseased animals; vaccination; evidence of
vaccination. (1) A person
owning, possessing or controlling any livestock affected by any disease may not
fail to keep the livestock within an enclosure, or herd them in some place
where they are secure from contact with other livestock not so affected or
permit the affected livestock to range where they will be likely to come in
contact with other livestock not so affected.
(2) A person may not maintain or control
female cattle of a beef breed for breeding purposes unless the animals have
been vaccinated against brucellosis as evidenced by an official vaccination
tattoo in the right ear of each animal.
(3) A person may not maintain or control
female cattle of a dairy breed for breeding or dairy purposes unless the
animals have been vaccinated against brucellosis as evidenced by an official
vaccination tattoo in the right ear of each animal. [Amended by 1955 c.557 §30;
1987 c.909 §3; 1995 c.20 §1; 1999 c.102 §4; 2001 c.22 §5]
596.470
Health certificates for disease-free animals. Whenever any official examination is made by any person authorized so
to do by the State Department of Agriculture, of any livestock and such
livestock is found free from contagious, infectious and communicable disease,
the person making such examination shall make and deliver to the owner or
person in possession of such livestock, a certificate to that effect, under
such rules and regulations and in such form as the department may prescribe.
Whenever an examination or test is made as to any particular disease and the livestock
is found free therefrom, a certificate of that fact shall be given to the
owner. [Amended by 1955 c.557 §31]
596.480 [1955 c.637 §1; repealed by 1983 c.101 §6]
596.500 [1971 c.483 §§6, 7; 1975 c.220 §1; repealed
by 1977 c.214 §10; repealed by 1983 c.101 §6]
596.610 [1953 c.633 §1; repealed by 1955 c.557 §36]
INDEMNIFICATION
FOR LIVESTOCK OR PROPERTY ORDERED DESTROYED
596.615
Livestock defined. As used
in ORS 596.615 to 596.681, livestock means animals raised for the production
of food for human consumption and those animals carrying diseases that threaten
animals raised for the production of food for human consumption. [1981 c.334 §7;
1987 c.909 §4]
596.620
Indemnification of owners of livestock or property slaughtered or destroyed by
order of department. The
owner of any livestock or property which is slaughtered or otherwise destroyed
at the order of the State Department of Agriculture in the performance of its
duty to eradicate and control the contagious and communicable diseases of livestock
in this state is entitled to indemnity as provided in ORS 596.640 to 596.681. [1953
c.633 §3]
596.625
Approval of indemnification required. No application, contract or agreement for the payment of indemnity
under ORS 596.615 to 596.681 is enforceable unless approved and signed by the
Director of Agriculture. [1981 c.334 §6]
596.630 [1953 c.633 §2; 1955 c.557 §32; repealed by
1963 c.208 §4]
596.640
Livestock and property not eligible for indemnity. (1) The owner of livestock or property
destroyed at the order of the State Department of Agriculture shall not be paid
indemnity by the State of
(a) Livestock or property owned by the
federal government or the State of
(b) Livestock or property if the owner
thereof has failed to comply with any of the provisions of ORS 596.075,
596.331, 596.351, 596.355, 596.371 or 596.460 or with any rules promulgated
under ORS 596.321 or has acted in contravention to department authority under
ORS 596.311, 596.341, 596.361, 596.388, 596.392 to 596.416 and 596.470 as to
any of that livestock or property.
(c) Livestock that has been brought into
this state contrary to any law of this state or rule promulgated thereunder or
contrary to the conditions of any permit issued under ORS 596.341.
(d) Livestock or property that has been
negligently or willfully exposed to or contaminated by a disease.
(e) Livestock that were imported from a
county or defined area that is under quarantine at the order of the federal
government, the State of
(f) Livestock that were known by the owner
to be affected by a disease at the time of entry into the state.
(g) Livestock that had been imported into
this state within five days prior to the date that the disease condition was
officially diagnosed.
(h) Livestock if there is evidence that
the owner or agent of the owner has in any way been responsible for any attempt
to unlawfully or improperly obtain indemnity funds for the livestock.
(i) Livestock that has been brought into
this state pursuant to a permit issued under ORS 596.341 and that after entry
is moved, transferred or disposed of in violation of this chapter or any rule
promulgated under this chapter.
(j) Female cattle that have not been
officially vaccinated for brucellosis as required by this chapter. Evidence of
an official vaccination for brucellosis is a tattoo in the right ear of the
animal in such a manner as the department may prescribe.
(2) Any transaction referred to in
subsection (1)(c) or (i) of this section with regard to any livestock animal
disqualifies the owner of that livestock from receiving indemnity for all
livestock or property owned by that person for which indemnity would otherwise
be payable. [1953 c.633 §8; 1971 c.483 §4; 1981 c.334 §1; 1983 c.101 §7; 1985
c.91 §4; 1991 c.420 §4; 1999 c.102 §5; 2001 c.22 §6]
596.650
Indemnity; appraisal of animal or property prior to destruction. (1) An owner may claim indemnity on any
animal or property ordered destroyed by the State Department of Agriculture.
Each animal or article of property which is eligible for indemnity shall be
appraised prior to its destruction. The department shall provide forms on which
claims for indemnity can be made, to the owner of livestock or property ordered
destroyed at the time the order of destruction is given to the owner. The claim
for indemnity, order of destruction and appraisal may be included in one form
at the discretion of the department. In order to qualify for indemnity, the
owner shall submit a claim to the department within seven days after receiving
such claim form from the department. The appraisal shall be performed by two
appraisers, one of whom shall be selected by the department and one of whom
shall be selected by the owner. If they cannot agree on the appraised value, a
third appraiser shall be immediately appointed by the two appraisers selected
by the department and the owner and the department and owner advised of the
appointment. If the owner fails to select an appraiser within 10 days after the
departments request therefor, the department shall appoint two appraisers to
evaluate the livestock or property. The appraisers shall view each animal or
article of property to be appraised and inspect documents, premises or any
other items deemed necessary to perform the appraisal. Upon completion of the
appraisal, the appraisers shall record the evaluations on a form supplied by
the department and shall submit the completed appraisal form to the department
within 10 days after completion of the appraisal. The department shall then
notify the owner of the results of the appraisal.
(2) The livestock or property shall be
appraised on the basis of current market value of animals or property of like
kind, quality and physical condition at the time the destruction was ordered.
As used in this subsection, market value means the average selling price of
animals or property of like kind and quality in the locality where the animals
or property are situated, during the 30 days immediately preceding the
appraisal, and if no such average selling price can be determined in the
locality, then the average selling price in the next nearest locality where it can
be determined.
(3) If the livestock condemned by the
department are registered and the owner claims enhanced value by such fact, a
certified copy of the certificate of registry shall accompany the appraisal
report. [1953 c.633 §4; 1965 c.217 §3; 1981 c.334 §2]
596.660
Method of destruction; salvage.
When in the opinion of the State Department of Agriculture livestock or
property which is condemned can be destroyed in a manner which will permit some
salvage to be realized, without prejudice to adequate disease control or
eradication measures or to human health and welfare, the department may
authorize such methods of destruction and prescribe the conditions upon which
it may be carried out. In no case shall a method of destruction be authorized
merely because it permits salvage, unless it may be accomplished within seven
days from the date the destruction order is delivered.
596.670 [1953 c.633 §6; repealed by 1965 c.217 §4
(596.671 enacted in lieu of 596.670)]
596.671
Amount of indemnity. The
indemnity shall be a sum, which added to the salvage, shall not exceed 80
percent of the appraised value of each animal or article of property. [1965
c.217 §5 (enacted in lieu of 596.670); 1971 c.705 §1; 1981 c.334 §3]
596.680 [1953 c.633 §7; repealed by 1965 c.217 §6
(596.681 enacted in lieu of 596.680)]
596.681
Limit of state indemnity to livestock owner also receiving federal indemnity. If the owner of livestock destroyed at the
order of the State Department of Agriculture is eligible for indemnity payable
by the federal government, the owner may also be indemnified by the State of
PENALTIES
596.990
Penalties. (1) Violation of
any of the provisions of ORS 596.075, 596.321, 596.331 (1) or (3), 596.351,
596.388, 596.392 (1) to (3) or (6), 596.404 to 596.416 or 596.460, or of any lawful
order of the State Department of Agriculture issued pursuant to this chapter,
is a Class A violation.
(2) Violation of any of the quarantine
provisions of ORS 596.331 (2), 596.355, 596.392 (4) or (5) or 596.394 to
596.402 is punishable, upon conviction, by a fine of not less than $500 nor
more than $5,000.
(3) Violation of any of the provisions of
ORS 596.100 or 596.105 or rules adopted thereunder is a misdemeanor. [Amended
by 1953 c.689 §13; former subsection (4) enacted as 1953 c.689 §10; 1955 c.557 §35;
subsection (2) enacted as 1955 c.637 §2; 1975 c.304 §4; 1983 c.79 §3; 1983
c.101 §5; subsection (3) of 1999 Edition enacted as 1991 c.584 §6; 1999 c.1051 §205;
2001 c.104 §234]
Note: 596.990 (3) was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 596 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
596.995
Civil penalties. (1) Any
manufacturer of an animal remedy, veterinary biologic or pharmaceutical who
violates any provision of ORS 596.100 or 596.105 applicable to manufacturers or
any rule adopted pursuant thereto or the terms or conditions of any license,
registration or order issued by the State Department of Agriculture under ORS
596.100 or 596.105 shall be subject to a civil penalty not to exceed $2,500 per
violation. Civil penalties under this section are in addition to any other
penalty provided by law.
(2) Each violation may be a separate and
distinct offense, and, in the case of a continuing violation, each days
continuance thereof may be deemed a separate and distinct offense.
(3) The department shall adopt a schedule
or schedules establishing the amount of civil penalty that may be imposed for a
particular violation.
(4) Civil penalties under this section
shall be imposed in the manner provided in ORS 183.745. [1991 c.584 §5; 1993
c.541 §2; 2001 c.104 §235]
Note: 596.995 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 596 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
_______________
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