Chapter 21 Oregon Laws 2001

AN ACT

SB 308

Relating to feeding of swine; creating new provisions; amending ORS 561.144, 600.010, 600.105, 600.120 and 600.990; and repealing ORS 600.020, 600.030, 600.040, 600.050, 600.060, 600.070, 600.080, 600.090, 600.100 and 600.110.

Be It Enacted by the People of the State of Oregon:

SECTION 1. A person may feed garbage to swine only if the garbage is:

(1) Accumulated from the domestic household of the person;

(2) Solely from a fruit or vegetable cannery, processing plant or sorting establishment;

(3) Solely from a bakery; or

(4) A combination of garbage types allowed under this section.

SECTION 2. ORS 600.010 is amended to read:

600.010. As used in [this chapter, the term] ORS 600.105 and section 1 of this 2001 Act:

[(1) “Department” means the State Department of Agriculture.]

[(2)] (1) “Garbage” means [refuse and] waste accumulations of [animal or] vegetable matter. [from:]

[(a) A home, public eating establishment or other place where food for human consumption is served.]

[(b) Any place where such material is processed or sold.]

[(3)] (2) “Offal” means animal tissue of any kind and from any source.

SECTION 3. ORS 600.105 is amended to read:

600.105. The State Department of Agriculture may summarily quarantine any swine [which] that are being fed garbage not described under section 1 of this 2001 Act or offal. [Such quarantine may be imposed whether or not such person is required to be licensed under this chapter.] The powers conferred upon the department by ORS 596.388 to 596.416 may be exercised by the department in aid of [such] the quarantine.

SECTION 4. ORS 600.120 is amended to read:

600.120. (1) Justice courts and municipal courts acting as justice courts have concurrent jurisdiction with circuit courts of all prosecutions arising under [this chapter] section 1 of this 2001 Act or a quarantine imposed under ORS 600.105.

(2) In addition to any penalty provided by ORS 600.990, the circuit court is vested with jurisdiction to restrain any violation, or threatened violation, of [this chapter] section 1 of this 2001 Act or a quarantine imposed under ORS 600.105 upon suit by the State Department of Agriculture. In any such suit the district attorney of the county where [such] the suit is instituted shall represent the department, or the Attorney General may represent the department in [such] the suit.

SECTION 5. ORS 600.990 is amended to read:

600.990. Subject to ORS 153.022, notwithstanding ORS 596.990, violation of [any of the provisions of this chapter] section 1 of this 2001 Act, [or any] a quarantine imposed under ORS 600.105 or a rule or regulation of the State Department of Agriculture [made under such provisions,] relating to the feeding of swine is punishable, upon conviction, by a fine of not less than [$10 nor exceeding $250] $500 nor more than $5,000 or by imprisonment in the county jail not exceeding one year, or both.

SECTION 6. ORS 561.144 is amended to read:

561.144. (1) The State Treasurer shall establish a Department of Agriculture Service Fund which shall be a trust fund separate from the General Fund and included under ORS 293.115 (6), and which shall not be subject to ORS 293.105 and 293.110. The State Department of Agriculture shall deposit all license and service fees paid to it under the provisions of the statutes identified in subsection (3) of this section in the Department of Agriculture Service Fund. The State Treasurer is the custodian of this trust fund which shall be deposited by the treasurer in such depositories as are authorized to receive deposits of the General Fund, and which may be invested by the treasurer in the same manner as authorized by ORS 293.701 to 293.820.

(2) Notwithstanding ORS 293.140, interest received on deposits credited to the Department of Agriculture Service Fund shall accrue to and become a part of the Department of Agriculture Service Fund.

(3) The license and service fees subject to this section are those described in ORS 561.400, 570.710, 571.057, 571.063, 571.145, 583.004, 583.046, 583.445, 583.510, 583.610, 585.050, 586.270, 586.580, 586.650, 596.030, 596.311, 599.235, 599.269, 599.406, 599.610, [600.030,] 601.040, 602.090, 603.025, 603.075, 616.706, 618.115, 618.136, 619.031, 621.072, 621.166, 621.266, 621.297, 621.335, 621.730, 622.080, 625.180, 628.240, 632.211, 632.425, 632.600, 632.720, 632.730, 632.741, 632.940, 632.945, 633.015, 633.029, 633.361, 633.460, 633.680, 633.700, 633.720, 634.016, 634.116, 634.122, 634.126, 634.132, 634.136, 634.212 and 635.030.

SECTION 7. ORS 600.020, 600.030, 600.040, 600.050, 600.060, 600.070, 600.080, 600.090, 600.100 and 600.110 are repealed.

Approved by the Governor April 4, 2001

Filed in the office of Secretary of State April 4, 2001

Effective date January 1, 2002

__________