71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 966
Senate Bill 309
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)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Deletes reference to brucellosis testing of male livestock.
Eliminates presumption regarding knowledge of brucellosis
infection. Narrows references to female bovine animals in
brucellosis vaccination laws to refer to female cattle.
A BILL FOR AN ACT
Relating to brucellosis vaccinations; amending ORS 596.321,
596.331, 596.341, 596.351, 596.460 and 596.640.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 596.321 is amended to read:
596.321. (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
{ - bovine - } female { - animals - } { + 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. '
SECTION 2. ORS 596.331 is amended to read:
596.331. (1) { - No person shall - } { + 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) { - No person shall - } { + 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) { - No person shall - } { + 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 { - bovine animal - }
{ + cattle + } of a beef breed that { - has - } { +
have + } not been vaccinated against brucellosis as evidenced by
an official vaccination tattoo in the right ear of
{ - the - } { + each + } animal.
(4) { - No person shall - } { + A person may not + } sell
or offer for sale for any purpose other than slaughter, any
female { - bovine animal - } { + cattle + } of a dairy breed
that { - has - } { + have + } not been vaccinated against
brucellosis as evidenced by an official vaccination tattoo in the
right ear of { - the - } { + each + } animal.
SECTION 3. ORS 596.341 is amended to read:
596.341. (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 { - is a female bovine animal
that is - } { + are female cattle that are + } being imported
for any purpose other than slaughter or to a registered dry
feedlot, the { - animal has - } { + animals have + } been
vaccinated against brucellosis as evidenced by an official
vaccination tattoo in the right ear of { - the - } { +
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.
SECTION 4. ORS 596.351 is amended to read:
596.351. 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 { - bovine
animal - } { + cattle + } unless the { - animal has - } { +
animals have + } been vaccinated as required by ORS 596.341
(2)(d).
SECTION 5. ORS 596.460 is amended to read:
596.460. (1) { - No - } { + A + } person owning, possessing
or controlling any livestock affected by any disease
{ - shall - } { + may not + } fail to keep
{ - it - } { + the livestock + } within an enclosure, or herd
{ - it - } { + them + } in some place where { - it is - }
{ + they are + } secure from contact with other livestock not so
affected { - . Nor shall the person - } { + or + } permit the
affected livestock to range where they will be likely to come in
contact with other livestock not so affected.
(2) { - No person shall - } { + A person may not + }
maintain or control { - a female bovine animal - } { + female
cattle + } of a beef breed for breeding purposes unless the
{ - animal has - } { + animals have + } been vaccinated
against brucellosis as evidenced by an official vaccination
tattoo in the right ear of { - the - } { + each + } animal.
(3) { - No person shall - } { + A person may not + }
maintain or control { - a female bovine animal - } { + female
cattle + } of a dairy breed for breeding or dairy purposes unless
the { - animal has - } { + animals have + } been vaccinated
against brucellosis as evidenced by an official vaccination
tattoo in the right ear of { - the - } { + each + } animal.
SECTION 6. ORS 596.640 is amended to read:
596.640. (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 Oregon for:
(a) Livestock or property owned by the federal government or
the State of Oregon, or any governmental subdivision, agency or
instrumentality of those governments.
(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 Oregon or the state of origin, for the disease that
the livestock is affected by.
(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 { - bovine animals - } { + 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.
{ - (3) For the purposes of this section: - }
{ - (a) Failure to demonstrate that female bovine animals
brought into this state were officially vaccinated for
brucellosis prior to entry and that male livestock brought into
this state had a negative brucellosis test finding prior to entry
shall be prima facie evidence that the owner had knowledge that
the livestock were affected by brucellosis. - }
{ - (b) Evidence of an official vaccination for brucellosis
shall be a tattoo in the right ear of the bovine animal in such a
manner as the department may prescribe. - }
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