71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 308
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for State Department of Agriculture)
CHAPTER ................
AN ACT
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:
Enrolled Senate Bill 308 (SB 308-INTRO) Page 1
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. + }
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Enrolled Senate Bill 308 (SB 308-INTRO) Page 2
Passed by Senate January 31, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House February 26, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 308 (SB 308-INTRO) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 308 (SB 308-INTRO) Page 4