2007 Oregon Code - Chapter 604 :: Chapter 604 - Brands and Marks - Feedlots
Chapter 604 —
Brands and Marks; Feedlots
2007 EDITION
BRANDS AND MARKS; FEEDLOTS
ANIMALS
BRANDS AND MARKS
604.005Â Â Â Â Definitions
604.015Â Â Â Â Appointment,
qualifications and compensation of brand inspectors; livestock police officers
604.021Â Â Â Â Department
exclusive recorder of brands; nonrecordable brands; exceptions; authority
604.027Â Â Â Â Application
to record brand; certification; renewal; fees; rules
604.035Â Â Â Â Property
rights applicable to recorded brand; transferability; evidence of ownership or
right of possession
604.036Â Â Â Â Copy
of recordation certificate; brand books
604.041Â Â Â Â Transfer
of recorded brand; transfer fee
604.046Â Â Â Â Brand
inspection and certificate requirements; service fee; inspection system;
reciprocity between states
604.051Â Â Â Â Method
of proof of ownership; inspection certificate
604.056Â Â Â Â Seizure
of hides or livestock; procedure; investigation; disposition; impoundment of
sales proceeds
604.061Â Â Â Â Transportation
certificate
604.066Â Â Â Â Brand
inspection fee; exception
604.071Â Â Â Â Prohibitions
604.076Â Â Â Â Authority
to issue citations
FEEDLOTS
604.610    “Licensed
feedlot” defined
604.620Â Â Â Â License;
fee; sanctions
604.630Â Â Â Â Inventory;
record; audit
604.640Â Â Â Â Inspection
of cattle; addition to inventory; fee
604.650Â Â Â Â Inventory
upon removal; fee; prohibited acts
604.670Â Â Â Â Rules
by department
PENALTIES
604.992Â Â Â Â Penalties
BRANDS AND MARKS
     604.005
Definitions. As used in this
chapter, unless the context requires otherwise:
     (1) “Brand” means a distinctive design,
mark or other means of identification applied to a designated location of the
hide, wool or skin of livestock, by methods prescribed by administrative rule
of the State Department of Agriculture promulgated pursuant to ORS chapter 183.
     (2) “Brand inspection” means the
departmentÂ’s:
     (a) Examination of the brands, tags,
breed, flesh marks including dewlaps and wattles, earmarks, coloring, sex, age
or other distinguishing characteristics of livestock;
     (b) Examination of documents and other
evidence of ownership or right to possession of livestock; and
     (c) Issuance or refusal to issue a brand
inspection certificate.
     (3) “Brand inspection certificate” means a
document issued by the department that is valid for eight days, unless
otherwise specified therein, and that includes:
     (a) The date and place of issuance;
     (b) The quantity of livestock inspected
and a description of the distinguishing characteristics of hides or of
livestock examined, including brands, tags, breed and sex;
     (c) The name and address of the person to
whom issued and the name and address of the owner;
     (d) If the livestock are to be
transported, the destination;
     (e) A statement of any limitation on the
use of the certificate, or on its period of validity; and
     (f) A signed certification of the
departmentÂ’s brand inspector that the brand inspector has examined the
described hides or livestock and documents associated therewith and that to the
best of the inspectorÂ’s knowledge the hides or livestock are owned or in the
lawful possession of the person presenting the hides or livestock for brand
inspection.
     (4) “Custom slaughtering establishment”
shall have the meaning set forth in ORS 603.010.
     (5) “Department” means the State
Department of Agriculture.
     (6) “Document of title” shall have the
meaning set forth in ORS 71.2010.
     (7) “Equidae” means a horse, mule or ass.
     (8) “Livestock” means cattle, Equidae,
sheep and any other animals designated by the administrative rule of the
department.
     (9) “Livestock auction market” shall have
the meaning set forth in ORS 599.205.
     (10) “Livestock carrier” means the person
who transports livestock by rail, motor vehicle, boat, aircraft or on the hoof,
either as a common carrier who is available to the public to perform this
service for compensation, as a contract carrier who enters into agreements with
specific individuals to perform this service for compensation, or as a private
carrier who performs this service without compensation as an owner, lessee or
bailee of livestock.
     (11) “Slaughterhouse” shall have the
meaning set forth in ORS 603.010. [1981 c.248 §2; 1991 c.660 §1; 2007 c.229 §1]
     604.010 [Amended by 1957 c.287 §1; repealed by 1967
c.129 §1 (604.012 enacted in lieu of 604.010)]
     604.012 [1967 c.129 §2 (enacted in lieu of 604.010);
repealed by 1981 c.248 §20]
     604.015
Appointment, qualifications and compensation of brand inspectors; livestock
police officers. (1) The
State Department of Agriculture may appoint and designate employees as brand
inspectors to administer and enforce the brand inspection activities of the
department under ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610,
603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071, 604.640,
604.650 and 604.992. In addition, the department may authorize and direct brand
inspectors to administer and enforce other laws under the jurisdiction of the
department.
     (2) In making appointments under
subsection (1) of this section, the department may appoint as part-time brand
inspectors persons in the unclassified service of the personnel relations
system who possess the necessary experience, knowledge and qualifications and
pay them on any reasonable and fair basis. However, at any time the average
monthly compensation received by such a person during a six-month period equals
or exceeds the minimum wage or starting step of the pay range or schedule
established for brand inspectors, then the person and the position are subject
to the State Personnel Relations Law. If such person in the opinion of the
department has satisfactorily carried out the duties as a brand inspector, and
if it is in the best interests of the department, the person shall be given
regular merit system status and shall be entitled to be hired by the department
upon successfully passing a noncompetitive examination for this classification.
     (3) In making appointments under
subsection (1) of this section, the department may appoint as brand inspectors
persons subject to the State Personnel Relations Law. At any time in any area
where the workload decreases or other facts or conditions require only the
part-time services of a person in a classified position, the department may
declare the position to be unclassified.
     (4) By written agreement, the department
may designate employees of another state agency, or of a county or city
government, as brand inspectors to administer and enforce the departmentÂ’s
brand inspection activities or other laws under the jurisdiction of the
department in the same manner and to the same extent as brand inspectors
appointed under subsection (1) of this section. While carrying out the
authority delegated under this subsection, brand inspectors shall comply with
the provisions of ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610,
603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071, 604.640,
604.650 and 604.992, and the administrative rules promulgated thereunder,
collect any brand inspection fees due the department and forthwith pay the same
to the department, continue to act under the supervision of their employing
agencies, continue to carry out their regular duties for their employing
agencies, and receive or have their employing agencies receive any agreed
compensation from the department for carrying out the authority delegated under
this subsection. The department may terminate any designation under this
subsection without hearing or notice, notwithstanding any laws to the contrary.
     (5) The department may appoint and
designate employees as livestock police officers or investigative officers to
administer and enforce the departmentÂ’s authority under ORS 561.144, 577.512,
599.205, 599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095,
603.992, 604.005 to 604.071, 604.640, 604.650 and 604.992, including
supervision of brand inspectors. In addition, the department may authorize and
direct livestock police officers or investigative officers to administer and
enforce other laws under the jurisdiction of the department. Brand inspectors,
livestock police officers and investigative officers are empowered to carry out
the activities of peace officers and police officers, as set forth in ORS
chapter 133. They may be furnished uniforms, identification badges, emergency
vehicles and other equipment appropriate to carrying out investigative and law
enforcement activities. [1981 c.248 §3; 2003 c.604 §106]
     604.020 [Amended by 1953 c.358 §15; 1959 c.396 §1;
1961 c.267 §1; repealed by 1967 c.129 §19]
     604.021
Department exclusive recorder of brands; nonrecordable brands; exceptions;
authority. (1) The State
Department of Agriculture shall be the exclusive recorder of livestock brands.
The department may not record:
     (a) A brand consisting of three or more
letters or three or more figures, or any combination thereof, on the shoulders
of cattle or on other locations specified by the department;
     (b) A painted brand unless composed of numbers,
letters or symbols, or a combination thereof; or
     (c) Similar brands to more than one
person.
     (2) The proscription set forth in
subsection (1)(a) of this section does not prohibit the continued use of any
such brands that were previously recorded. Also, such letters and figures may
be used on the shoulders of cattle or other locations approved by the
department by the owners thereof for the purposes of identifying breed, breed
registry, rodeo or show registry, age or similar characteristics, but may not
be so used as to conflict with or be confused with a recorded brand.
     (3) The department is authorized to
modify, rescind or refuse the recording of any brands that are conflicting or
that the department believes will blotch, and make any changes in brands deemed
necessary to resolve a conflict or correct a design imperfection.
Notwithstanding ORS chapter 183, any such modification, change, rescission or
refusal of the department may be made by written notice to affected persons and
shall be a final order of the department. [1981 c.248 §4; 2003 c.140 §1]
     604.022 [1967 c.129 §3; 1973 c.430 §1; 1975 c.574 §2;
1977 c.175 §1; repealed by 1981 c.248 §20]
     604.027
Application to record brand; certification; renewal; fees; rules. (1) A person desiring to record a brand on
any species of livestock shall submit a written and signed application therefor
to the State Department of Agriculture, setting forth a facsimile and
description of the brand, the species of livestock upon which it will be used
and the specific intended location on the animal. The application must be
accompanied by a brand recording fee of $25 for each brand on each species of
livestock on which the brand is to be used. The person must also pay a prorated
activation fee prior to recordation of the brand. The activation fee may not
exceed $100. Upon receipt of an application and the required fees, if the
department determines that the brand applied for is available, the department
shall issue a certificate of recordation of the distinctive brand, the approved
location on the animal and the species of livestock to which it applies.
     (2) During September of each year the
department shall attempt to notify all holders of an expiring recorded brand of
the need to renew the brand. The department shall attempt the notification by
sending a renewal notice to the holderÂ’s last address as shown on the
departmentÂ’s records. The holder of a recorded brand may renew the brand by
submitting to the department a brand renewal fee for each brand on each species
of livestock on which the brand is to be used. The brand renewal fee may not
exceed $100. However, if the species of livestock is sheep, the fee may not
exceed $40.
     (3) A recorded brand expires if the
department does not receive the brand renewal fee by January 4 next following
the attempt to notify the brand holder of the need to renew the brand. Within
60 days after a brand expires, the department shall give written notice of the
expiration by mail addressed to the person who held the expired brand at the
last address shown on the departmentÂ’s records. The fee to activate an expired
brand is equal to the brand recording fee plus a prorated renewal fee. If the
person fails to activate the expired brand within one year after expiration of
the brand, the brand is considered abandoned and any person may apply for
recordation and use of that brand.
     (4) When issuing or renewing a brand
recordation, the department shall adjust certificate expiration dates as
necessary to ensure that an approximately equal number of brand recordation
expire in each year of a four-year cycle. The department shall prorate a brand
renewal fee to reflect an adjustment of a certificate expiration date.
     (5) The department shall establish the
amount of brand activation fees and brand renewal fees by rule. [1981 c.248 §5;
1985 c.262 §1; 1991 c.660 §2; 2003 c.575 §1]
     604.030 [Repealed by 1967 c.129 §19]
     604.032 [1967 c.129 §4; repealed by 1981 c.248 §20]
     604.035
Property rights applicable to recorded brand; transferability; evidence of
ownership or right of possession. (1) The brand recorded or renewed under ORS 604.027 is the exclusive
property right of the holder thereof, and the holder has exclusive right to use
the brand in accordance with its recordation. The holder may transfer the
recorded brand by sale, assignment or otherwise and may bequeath the brand by
will or subject to the laws of descent and distribution as personal property.
     (2) Proof of a recorded brand is prima
facie evidence of the ownership or right to possession of livestock upon which
the brand is used in all civil or criminal actions and suits involving an issue
of ownership or right to possession of such livestock. Parol evidence is
inadmissible to prove a person is a holder of a recorded brand. Evidence of ownership
or right to possession of livestock by
     604.036
Copy of recordation certificate; brand books. Upon recording of a brand under ORS 604.027, the State Department of
Agriculture may:
     (1) Issue a certified copy of its
certificate of recordation upon the payment of a fee therefor to be established
by the department; and
     (2) Periodically publish brand books or
supplements thereto, and distribute them upon payment of a fee to be
established by the department sufficient to cover its costs therefor. [1981
c.248 §7]
     604.040 [Amended by 1953 c.358 §15; 1961 c.267 §2;
repealed by 1967 c.129 §19]
     604.041
Transfer of recorded brand; transfer fee. (1) Except as provided in subsection (2) of this section, in order to
transfer a recorded brand by sale, assignment or otherwise, the transferor
shall submit a written, signed and witnessed document of transfer to the State
Department of Agriculture, accompanied by an application of the transferee as
prescribed in ORS 604.027 (1), accompanied by a brand transfer fee of $25. Upon
determining that the brand transfer documents are in order, the department
shall issue its certificate of recordation to the transferee.
     (2) In the event of the death of a holder
of a recorded brand, the person to whom it is transferred, either by will or the
laws of descent and distribution, may have the brand recorded to the transferee
or to another person upon submitting to the department within six months of the
death of the holder of the recorded brand, either a copy of an order of a court
having jurisdiction of the decedentÂ’s estate directing such transfer
accompanied by an application of the transferee as prescribed in ORS 604.027
(1) and the brand transfer fee prescribed in subsection (1) of this section, or
if no court has jurisdiction of the decedentÂ’s estate, an affidavit of the
person entitled by the laws of descent and distribution to have the brand
recorded to the person accompanied by an application of the transferee as
prescribed in ORS 604.027 (1) and the brand transfer fee prescribed in subsection
(1) of this section. The affidavit shall include:
     (a) The name and address of the decedent
and the date and place of death;
     (b) The name and address of the affiant,
and if the intended transferee is another person, the name and address of such
person with a statement of intent to transfer to the person;
     (c) A description of the recorded brand as
prescribed in ORS 604.027 (1); and
     (d) A statement that the affiant is
entitled to have the described brand transferred to the affiant or to the other
named person, and that the affiant agrees to the termination of the brand
recordation should the affidavit be found false in any material respect.
     (3) If the transfer documents prescribed
in subsection (2) of this section are not submitted within six months after the
death of the holder of the recorded brand, the brand recordation shall
terminate and thereafter be available for recording by any person. [1981 c.248 §8]
     604.046
Brand inspection and certificate requirements; service fee; inspection system;
reciprocity between states.
(1) Brand inspection and the issuance of a brand inspection certificate is
required in this state for:
     (a) Cattle to be transported from any
place in this state to or through any place outside of this state;
     (b) Cattle to be transported from any
place in this state to a range or pastureland outside of this state and
destined to be ultimately returned to this state;
     (c) Except as provided in subsection
(5)(b) of this section, cattle destined for sale or slaughter at any livestock
auction market or other sales facility or slaughterhouse in this state, and
prior to such sale or slaughter; and
     (d) Except as provided in subsection
(5)(a) of this section, cattle transported from any place outside of this state
to any livestock auction market or other sales facility or slaughterhouse in
this state for sale within this state.
     (2) Brand inspection may be performed,
upon request of the owner or person in possession of livestock, at either a
regular brand inspection location or a place designated by the person
requesting the brand inspection. The State Department of Agriculture may
require payment of its time and travel costs as a condition to performing the
brand inspection. The department may also assess and collect a service fee, not
to exceed $25.
     (3) In addition to brand inspections under
subsections (1) and (2) of this section, the department may establish and carry
out a system of brand inspection at the times and places as an intrastate,
regional movement of cattle takes place, or as a change of ownership takes
place. In establishing any system authorized by this subsection, the department
shall consider the customs, practices and theft or ownership problems of the
cattle industry, the economic feasibility of carrying out a system, the volume
of cattle movement within the state or within specific areas of the state, the
laws and regulations of the United States and the desirability for a system as
evidenced by a majority of persons who would be affected by the system. Such a
system, established in accordance with the provisions of ORS chapter 183, may
include:
     (a) That the brand inspection may be in
addition to or in lieu of other brand inspections required or allowed by this
chapter and the circumstances or conditions under which the alternatives shall
be allowed;
     (b) The times and places the brand
inspection shall take place in relation to the time of movement or location
change, or the change of ownership;
     (c) The establishment of a brand
inspection fee and the person responsible for payment thereof;
     (d) The establishment of geographic,
regional or political areas within the state in which brand inspection is
required; and
     (e) The circumstances or conditions under
which an exemption from or modification of the systemÂ’s requirements may be
allowed, considering their feasibility in relation to movement or sale of
minimum numbers of cattle.
     (4) In addition to brand inspections under
subsections (1) to (3) of this section, the department may inspect any hides or
livestock at any time, and at any public or private place, building or
livestock carrier, if there is a need to identify diseased or suspected
diseased livestock, or if the department reasonably suspects that any
provisions of this chapter, the administrative rules adopted under this chapter
or any criminal laws relating to the possession of livestock, are being
violated. This authority is in addition to any authority granted police
officers, the departmentÂ’s brand inspectors, livestock police officers and
investigative officers under ORS 133.525 to 133.703 relating to search and
seizures. The department may undertake any of the actions described in ORS
604.056 (1) if:
     (a) An inspection results in a finding
that a brand inspection certificate accompanying the hides or livestock is
false, erroneous or incomplete in any material respect;
     (b) There is a question whether the person
in possession of the hides or livestock is the owner or a lawful possessor; or
     (c) The person in possession of the
livestock fails to submit evidence requested under ORS 604.051 (1).
     (5) In lieu of the brand inspection and
the issuance of a brand inspection certificate required by subsection (1) of
this section:
     (a) Cattle that are transported to any
slaughterhouse in this state from any place outside this state, if entering
this state may be accompanied by a brand inspection certificate or similar
document issued by the other state, provided that such other state has brand
inspection comparable to the inspection of this state; or
     (b) Cattle, in lots not to exceed 15 head,
presented by one person for slaughter at a slaughterhouse may be accompanied by
a special slaughterhouse certificate issued by the department for which a fee,
equal to the brand inspection fee established by the department under ORS 604.066
(2), has been paid.
     (6) Brand inspection at slaughtering
establishments or other facilities where cattle are slaughtered or cattle hides
are received, may be required of cattle hides under a system established by the
department in accordance with the provisions of ORS chapter 183. In
establishing any system authorized by this subsection, the department shall
consider theft or ownership problems associated with slaughtered cattle, the
economic feasibility of carrying out the system, the attitudes of the affected
members of the cattle industry of this state, the volume of slaughtered cattle
within the state or within specific areas of the state, and the laws and
regulations of the United States. Any system established under this subsection
may include:
     (a) The designation of geographic,
regional or political areas within the state in which cattle hide inspection is
required;
     (b) The use of tags, stamps or other
devices evidencing ownership of the cattle slaughtered; and
     (c) The methods, locations and times for
cattle hide inspection.
     (7) By written agreement with the
appropriate agencies in the States of California,
     604.050 [Amended by 1953 c.358 §15; 1961 c.267 §3;
repealed by 1967 c.129 §19]
     604.051
Method of proof of ownership; inspection certificate. (1) Whenever livestock or hides are subject
to brand inspection under ORS 604.046, the person in possession shall submit
evidence of ownership or right to possession of the livestock or hides at the
request of the State Department of Agriculture. The evidence may consist of any
documents and statements that tend to establish such ownership or right to
possession. The prima facie character of a recorded brand and the disputable
presumption against unrecorded brands set forth in ORS 604.035 (2), shall be
given recognition by the department.
     (2) The department shall examine livestock
or hides, review any evidence submitted pursuant to subsection (1) of this
section and otherwise perform brand inspection to determine whether the person
in possession is the owner or lawful possessor thereof. Except for brand
inspections made under ORS 604.046 (4), if the department determines the person
is the owner or lawful possessor, it shall issue an appropriate brand
inspection certificate. However, if the department determines there is a
question of ownership or right to possession of the livestock or hides, or if
the person in possession of the livestock or hides fails to submit the evidence
requested under subsection (1) of this section, the department shall refuse to
issue its brand inspection certificate and may undertake any of the actions
described in ORS 604.056. [1981 c.248 §10]
     604.056
Seizure of hides or livestock; procedure; investigation; disposition; impoundment
of sales proceeds. (1) The
State Department of Agriculture may detain, seize or embargo hides or livestock
in carrying out and enforcing the provisions of ORS 561.144, 577.512, 599.205,
599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095, 603.992,
604.005 to 604.071, 604.640, 604.650 and 604.992 relating to the ownership or
right to possession of livestock. Recognizing that the provisions of ORS
561.605 to 561.620 relating to the departmental procedures for detaining,
seizing or embargoing commodities are not readily applicable to livestock, the
following shall apply whenever the department detains, seizes or embargoes
hides or livestock under the provisions of ORS 561.144, 577.512, 599.205,
599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095, 603.992,
604.005 to 604.071, 604.640, 604.650 and 604.992:
     (a) The department shall issue its written
notice of detention, seizure or embargo to the person in possession of the
hides or livestock, directing them to be held subject to further order of the
department and any detention, seizure or embargo shall be subject to the
contested case provisions of ORS chapter 183. The issuance of a notice of
detention, seizure or embargo to a livestock carrier shall relieve such carrier
from liability for any loss or damage resulting from the detention, seizure or
embargo.
     (b) If the department cannot determine
from its investigation who is the owner or person entitled to possession of
hides or livestock, it may handle and dispose of the hides and livestock in the
same manner as provided for the handling and disposition of estray livestock
under ORS chapter 607. In the event the livestock is determined by an assistant
state veterinarian or deputy state veterinarian to be diseased, disabled or
dying so as to be unsalable, the department may order its immediate
condemnation in lieu of handling and disposition under ORS chapter 607, and any
salvage value recovered by the department from the sale of carcasses or hides
shall be disposed of in the same manner as impounded sales proceeds of an
unknown owner under subsection (2) of this section.
     (c) During an investigation to determine
the owner or person entitled to possession of hides or livestock, the
department may authorize the hides or livestock to be moved and retained in
another location, but the hides or livestock shall not be moved therefrom
without a written order issued by the department and then shall only be moved
or handled in accordance with the terms of such order.
     (d) If the hides or livestock are brand
inspected at a livestock auction market, slaughtering establishment or other
sales facility where the hides or livestock are destined for sale, the
department may permit the sale of the hides or livestock and impound the
proceeds of the sale in lieu of detaining, seizing or embargoing the hides or
livestock. After the department impounds the sales proceeds, the department
shall issue a written notice of impoundment to the seller of the hides or
livestock, directing that the sales proceeds remaining after the seller has
deducted sales charges be retained by the seller subject to further order of
the department for up to 15 days, at which time the sales proceeds shall be
remitted by the seller to the department. The sales proceeds received by the
department from the seller are not public funds of the state but rather are
held by the department in trust for the person determined to be the owner or
entitled to possession of the hides or livestock sold.
     (2) If the department impounds sales
proceeds under subsection (1)(d) of this section, the department shall give
written notice of the impoundment to all known claimants to the sales proceeds,
hides or livestock at the last-known addresses thereof, and set forth that the
sales proceeds shall be subject to proof of claim for a period of 60 days from
the date of the notice of impoundment, during which the claimants may submit
their proofs of claim to the department. Within 30 days after expiration of the
time within which proofs of claim may be submitted, the department shall review
the data submitted, investigate the claims and render a written notice of
determination to the persons having submitted proofs of claim. The
determination of the department shall be a final order and subject to judicial
review under ORS 183.484, and if there is more than one claimant, payment of
sales proceeds may not be made until the expiration of the time within which
judicial review may be had. Any impounded sales proceeds that cannot be paid to
persons under this section within one year of impoundment cease to be trust
funds and become part of the stateÂ’s public funds continuously appropriated to
the department for carrying out the provisions of ORS 561.144, 577.512,
599.205, 599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095,
603.992, 604.005 to 604.071, 604.640, 604.650 and 604.992. [1981 c.248 §11;
2003 c.604 §107]
     604.060 [Repealed by 1981 c.248 §20]
     604.061
Transportation certificate.
(1) Cattle transported from the premises of the owner or person in lawful
possession to another place in this state shall be accompanied by a transportation
certificate.
     (2) For the purposes of this section “transportation
certificate” means a document signed by the owner or person in lawful
possession of the cattle to be transported, on a form prescribed by the State
Department of Agriculture, setting forth the identity of the cattle owner, the
point of origin and destination of the cattle, the number of head, a
description of the distinguishing characteristics of the cattle, including
brands, tags, breed and sex, and an authorization to transport if it is to be
performed by a person other than the owner.
     (3) A transportation certificate is not
required for cattle herded, drifted or trailed to or from pasture or range in
this state in the usual course of ranch operation. [1981 c.248 §12]
     604.066
Brand inspection fee; exception. (1) Except as provided in subsection (2) of this section, the State
Department of Agriculture shall charge and collect a brand inspection fee in
accordance with the following:
     (a) $30 for a lifetime brand inspection
for Equidae;
     (b) $10 per head for a brand inspection
for Equidae, if the brand inspection certificate utilized is valid for more
than eight days but less than a lifetime; or
     (c) $10 per head for a brand inspection on
livestock other than Equidae, if the brand inspection certificate utilized is
valid for more than eight days.
     (2) In accordance with the provisions of
ORS chapter 183, the department shall establish a brand inspection fee on
cattle and cattle hides for which a brand inspection certificate is valid for
eight days. The fee shall be not less than 85 cents and not more than $1 per
head of cattle and not more than $2 per hide.
     (3) Except as provided in this subsection
or subsection (4) of this section, the person requesting or requiring brand
inspection to be performed shall pay the State Department of Agriculture a
brand inspection fee and the assessments authorized under ORS 577.512.
Livestock auction markets, slaughterhouses and custom slaughtering
establishments at which brand inspection is performed shall collect the fees
and assessments and forward them to the department. The person requesting or
requiring brand inspection for cattle delivered to a livestock auction market
is not required to pay a brand inspection fee on cattle whose value is $10 or
less. The person requesting or requiring brand inspection is not required to
pay a brand inspection fee on cattle not more than 90 days of age that are to
be transported with their mothers to a range or pastureland outside of this
state.
     (4) The person requesting or requiring
brand inspection is not required to pay a brand inspection fee or pay
assessments when Oregon cattle are being transported from any place in this
state to any place outside of this state and then returned to this state, if
the movement is continuous without unloading enroute, is done in the usual
course of ranch operations and is not related to a change of ownership.
     (5) Except as provided in ORS 577.512, the
department shall deposit all fees paid to it under this chapter in the State
Treasury to the credit of the Department of Agriculture Service Fund, and such
fees are continuously appropriated to the department for administering and
enforcing this chapter. The provisions of ORS 561.144 apply to such fees. [1981
c.248 §13; 1983 c.102 §2; 1985 c.262 §3; 1987 c.163 §3; 2003 c.604 §108; 2007
c.229 §3]
     604.070 [Repealed by 1981 c.248 §20]
     604.071
Prohibitions. A person may
not:
     (1) Purchase, sell, handle or transport
hides or livestock in violation of ORS 604.005 to 604.071, 604.640, 604.650 and
604.670 or the administrative rules promulgated thereunder;
     (2) While marking livestock on the ear,
either cut, mark or remove more than one-half of the ear;
     (3) Except for the normal sheepshearing
process, cut, burn or otherwise obliterate or disfigure the brand, earmark,
dewlap or other distinguishing characteristics upon hides or livestock;
     (4) Purchase, sell or hold for sale any
hides or livestock in the condition described in subsection (3) of this
section;
     (5) As a custom slaughterer, fail to
identify livestock hides and the persons from whom they were obtained;
     (6) Apply an unrecorded brand on
livestock;
     (7) Use a recorded brand or similar design
on livestock unless the person is the current recorded holder of the brand, or
use a brand recorded in another state, except in accordance with rules adopted
by the State Department of Agriculture;
     (8)(a) Transport cattle out of this state
without a brand inspection certificate having been issued to the person
presenting the cattle for transport;
     (b) Fail to have a document identifying
each load of transported cattle as a part of the cattle described on the brand
inspection certificate accompanying each load; or
     (c) Fail to deliver the brand inspection
certificate to the consignee upon the transported cattle reaching the intended
destination;
     (9) Refuse to permit the department to
inspect hides or livestock, or refuse to permit hides or livestock to be
sheared or otherwise handled so as to enable the department to determine the
brands thereon;
     (10) Knowingly make or issue any false,
misleading or incomplete certificate, affidavit, application, proof of claim,
document of title or other written instrument required or allowed under the
provisions of ORS 604.005 to 604.071, 604.640, 604.650 and 604.670; or
     (11) Knowingly present cattle for brand
inspection that are not owned by the person requesting the inspection. [1981
c.248 §14; 1987 c.164 §1; 2007 c.229 §4]
     604.076
Authority to issue citations.
(1) In addition to the authority set forth in ORS 604.015, in the enforcement
of this chapter, the Director of Agriculture has the authority to issue and
serve citations to any person for violation of any provision of ORS 604.071.
     (2) The director may delegate the
authority to issue citations to investigative officers and brand inspection
supervisors.
     (3) A citation shall contain the
information and substantially conform to the requirements for a citation under
ORS chapter 153. [1987 c.165 §2; 1999 c.1051 §136]
     604.080 [1967 c.129 §5; repealed by 1981 c.248 §20]
     604.090 [1971 c.743 §299; 1977 c.175 §2; repealed by
1981 c.248 §20]
     604.095 [1973 c.430 §4; 1975 c.574 §3; repealed by
1981 c.248 §20]
     604.100 [1973 c.430 §5; repealed by 1981 c.248 §20]
     604.105 [1973 c.430 §6; 1975 c.574 §4; repealed by
1981 c.248 §20]
     604.110 [Amended by 1957 c.287 §2; repealed by 1981
c.248 §20]
     604.120 [Repealed by 1981 c.248 §20]
     604.130 [Amended by 1967 c.129 §11; 1973 c.94 §1;
1975 c.574 §5; repealed by 1981 c.248 §20]
     604.135 [1967 c.129 §8; repealed by 1981 c.248 §20]
     604.140 [Amended by 1957 c.287 §3; 1959 c.16 §1;
1973 c.94 §2; 1975 c.574 §6; 1977 c.175 §3; repealed by 1981 c.248 §20]
     604.145 [1967 c.129 §7; repealed by 1981 c.248 §20]
     604.150 [Repealed by 1981 c.248 §20]
     604.160 [Amended by 1959 c.396 §4; 1975 c.574 §7;
repealed by 1981 c.248 §20]
     604.170 [Amended by 1973 c.175 §14; 1979 c.499 §18;
repealed by 1981 c.248 §20]
     604.180 [Amended by 1979 c.284 §179; repealed by
1981 c.248 §20]
     604.190 [Amended by 1973 c.94 §3; 1979 c.284 §180;
repealed by 1981 c.248 §20]
     604.200 [Repealed by 1977 c.175 §9]
     604.210 [Amended by 1973 c.94 §4; repealed by 1981
c.248 §20]
     604.220 [Amended by 1973 c.94 §5; repealed by 1981
c.248 §20]
     604.230 [Amended by 1973 c.94 §6; 1979 c.284 §181;
repealed by 1981 c.248 §20]
     604.310 [Amended by 1953 c.358 §15; 1957 c.287 §4;
1961 c.267 §4; 1977 c.175 §4; repealed by 1981 c.248 §20]
     604.312 [1961 c.267 §9; 1975 c.574 §8; 1977 c.175 §5;
repealed by 1981 c.248 §20]
     604.315 [1959 c.396 §3; 1977 c.175 §6; repealed by
1981 c.248 §20]
     604.320 [Amended by 1953 c.358 §15; 1973 c.11 §1;
repealed by 1981 c.248 §20]
     604.322 [1953 c.358 §15; 1961 c.425 §12; repealed by
1967 c.129 §12 (604.323 enacted in lieu of 604.322)]
     604.323 [1967 c.129 §13 (enacted in lieu of
604.322); 1973 c.11 §2; 1979 c.284 §182; repealed by 1981 c.248 §20]
     604.324 [1953 c.358 §15; repealed by 1981 c.248 §20]
     604.330 [Amended by 1953 c.358 §15; 1961 c.267 §5;
repealed by 1981 c.248 §20]
     604.340 [Amended by 1953 c.358 §15; 1967 c.129 §14;
repealed by 1981 c.248 §20]
     604.350 [Amended by 1953 c.358 §15; repealed by 1967
c.129 §15; (604.355 enacted in lieu of 604.350)]
     604.355 [1967 c.129 §16 (enacted in lieu of
604.350); repealed by 1981 c.248 §20]
     604.360 [Amended by 1953 c.358 §15; 1973 c.430 §2;
1975 c.574 §9; repealed by 1981 c.248 §20]
     604.370 [Amended by 1959 c.396 §6; repealed by 1981
c.248 §20]
     604.380 [Amended by 1953 c.358 §15; 1973 c.11 §3;
repealed by 1981 c.248 §20]
     604.390 [Amended by 1953 c.358 §15; 1971 c.773 §6;
1975 c.574 §10; 1977 c.175 §7; repealed by 1981 c.248 §20]
     604.395 [1957 c.287 §5; 1963 c.357 §1; 1971 c.773 §7;
1973 c.151 §2; repealed by 1981 c.248 §20]
     604.400 [Amended by 1973 c.295 §1; 1979 c.499 §19;
repealed by 1981 c.248 §20]
     604.410 [Amended by 1961 c.267 §6; 1977 c. 175 §8;
1977 c.214 §9; repealed by 1981 c.248 §20]
     604.420 [Amended by 1957 c.287 §6; repealed by 1981
c.248 §20]
     604.425 [1957 c.287 §12; repealed by 1981 c.248 §20]
     604.430 [1953 c.358 §13; 1963 c.66 §1; repealed by
1981 c.248 §20]
     604.440 [1973 c.190 §2; repealed by 1981 c.248 §20]
     604.450 [1973 c.190 §3; repealed by 1977 c.214 §10]
     604.460 [1973 c.190 §6; repealed by 1981 c.248 §20]
     604.510 [Repealed by 1977 c.214 §10]
     604.520 [Amended by 1957 c.287 §7; 1967 c.208 §6;
repealed by 1977 c.214 §10]
     604.530 [Repealed by 1957 c.287 §8 (604.531 enacted
in lieu of 604.530)]
     604.531 [1957 c.287 §9 (enacted in lieu of 604.530);
1961 c.267 §7; repealed by 1981 c.248 §20]
     604.535 [1959 c.396 §7; repealed by 1981 c.248 §20]
     604.540 [Amended by 1957 c.287 §11; 1971 c.743 §400;
1973 c.295 §2; 1975 c.304 §7; repealed by 1981 c.248 §20]
     604.542 [1967 c.129 §10; repealed by 1981 c.248 §20]
     604.545 [1959 c.396 §5; repealed by 1981 c.248 §20]
     604.550 [Repealed by 1981 c.248 §20]
FEEDLOTS
     604.610
“Licensed feedlot” defined.
As used in ORS 604.620 to 604.670, “licensed feedlot” means a beef cattle
feedlot, licensed by the State Department of Agriculture, that has more than
500 head of cattle being fed for slaughter at one time during a calendar year. [1975
c.162 §2]
     604.620
License; fee; sanctions. (1)
No person shall be entitled to utilize the brand inspection and inventory
procedures prescribed in ORS 604.630 to 604.650 and 604.670 without first
obtaining and maintaining a license as a licensed feedlot.
     (2) An application for a license or
renewal thereof shall be made to the State Department of Agriculture on forms
prescribed by the department, and shall be accompanied by the annual license
fee of $100. The license is personal and nontransferable. A new license is
required at any time there is a change in ownership, legal entity or
establishment location. All such licenses shall expire on January 1 next
succeeding the date of issuance or on such date as may be specified by
department rule.
     (3) In accordance with the provisions of
ORS chapter 183, the department may suspend, revoke or refuse to issue or renew
a license to any applicant or licensee whose establishment construction or
methods of operation do not comply with the requirements established by the
department. [1975 c.162 §3; 2007 c.768 §21]
     604.630
Inventory; record; audit. At
the time a license is issued, the State Department of Agriculture and the
licensee shall jointly make and record a physical inventory of all cattle in
the feedlot of the licensee. Thereafter, such inventory record shall be
maintained by the licensee and shall be subject to review or audit by the
department at any time during the normal business hours of the licensee at least
once a month for the purpose of reconciling the same with the records of the
department. [1975 c.162 §5]
     604.640
Inspection of cattle; addition to inventory; fee. All cattle received at the licensed feedlot
shall be consigned to special holding pens and held therein until inspected and
released to the general feedlot area by the brand inspector of the State
Department of Agriculture. The departmentÂ’s inspector shall review and verify
all documents of title, transportation certificates, brand inspection certificates,
memorandum brand inspection certificates, or record of transfer relating to
such cattle, and if such documents are in order shall add such cattle to the
departmentÂ’s inventory records of the licensee. The department shall not charge
for such inspections unless a transportation certificate is subject to review
and verification. In this event, the department shall charge the brand
inspection fee established by law. [1975 c.162 §6; 1981 c.248 §30]
     604.650
Inventory upon removal; fee; prohibited acts. (1) All cattle, including salvage animals, dead animals, other sale
animals and fed cattle being sent to slaughter, removed from the licensed
feedlot shall be inventoried by the brand inspector of the State Department of
Agriculture and the number thereof deducted from the departmentÂ’s inventory
records of the licensee. The department shall thereafter issue its brand
inspection certificate, or other appropriate document evidencing brand
inspection, listing thereon only the number and general description of the
cattle removed from the licensed feedlot. The department shall charge the brand
inspection fee established by law for such inventory and inspection.
     (2) Upon completion of the inventory and
inspection of the cattle being removed from the licensed feedlot, no person
shall add, remove or substitute for any animal in the lot of cattle subjected
to such inventory and inspection. [1975 c.162 §7; 1981 c.248 §31]
     604.660 [1975 c.162 §8; repealed by 1985 c.262 §4]
     604.670
Rules by department. The State
Department of Agriculture, under the provisions of ORS chapter 183 may
promulgate such rules as are necessary to administer and enforce the provisions
of ORS 604.610 to 604.670, including but not limited to:
     (1) The time and manner of maintaining
inventory records; and
     (2) Controls and minimum standards of
construction and methods of operation by licensees. [1975 c.162 §4]
PENALTIES
     604.990 [Subsection (6) of 1963 Replacement Part
enacted as 1961 c.267 §10; subsection (7) of 1963 Replacement Part enacted as
1961 c.462 §7 and amended by 1963 c.87 §4; repealed by 1967 c.129 §19]
     604.992
Penalties. (1) Violation of
any of the provisions of this chapter, or the administrative rules or orders
promulgated thereunder, is a Class B misdemeanor.
     (2) Notwithstanding ORS 14.030 to 14.080,
an action for violation of brand inspection requirements may be commenced and
tried in either the county where the cattle movement originated or the county
where the cattle movement terminated. [1967 c.129 §18; 1981 c.248 §15; 2007
c.229 §5]
_______________
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