Chapter 229
AN ACT
SB 236
Relating to brands; creating new provisions; amending ORS 599.269,
603.075, 604.005, 604.046, 604.066, 604.071 and 604.992; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 604.005 is amended to read:
604.005. 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 department’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 [which shall only be] that is valid for eight days, unless
otherwise specified therein, and [which]
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) [The destination of the livestock, if
transportation thereof is to take place;] 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 department’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 inspector’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.
[(7)] (8) “Livestock” means cattle, [horses, mules, asses] Equidae, sheep and any other animals
designated by the administrative rule of the department[, and for the purposes of ORS 604.027 and 604.056 shall include sheep].
[(8)] (9) “Livestock auction market” shall have the meaning
set forth in ORS 599.205.
[(9)] (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.
[(10)] (11) “Slaughterhouse” shall have the meaning set forth
in ORS 603.010.
SECTION 2.
ORS 604.046 is amended to read:
604.046. (1) Brand
inspection and the issuance of a brand inspection certificate is required in
this state [in the following instances]
for:
(a) [Livestock] Cattle to be
transported from any place in this state to or through any place outside of
this state;
(b) [Livestock] 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)(c)] (5)(b)
of this section, [livestock]
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) [In order to prevent fraud or dishonesty
being perpetrated upon livestock purchasers of this state, livestock] 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[, unless exempted therefrom under subsection
(5)(b) of this section].
(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. [In
the latter case,] The State Department of Agriculture may require payment
of its time and travel costs as a condition to performing the brand inspection.
[In the event the requested brand
inspection is at a place other than an auction market or registered feedlot,]
The department [shall] may
also assess and collect a service fee [of
$10], not to exceed $25.
(3) In addition to brand
inspections under subsections (1) and (2) of this section, the department [is also authorized to] 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 [section] subsection, the
department shall consider the customs, practices and theft or ownership
problems of the [livestock] cattle
industry, the economic feasibility of carrying out a system, the volume of [livestock] 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 system’s
requirements may be allowed, considering their feasibility in relation to
movement or sale of minimum numbers of [livestock]
cattle.
(4) In addition to brand
inspections under subsections (1)[, (2)
and] to (3) of this section, the department [is also authorized to] 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 [there is reasonable cause or suspicion to
believe] the department reasonably suspects that any provisions of
this chapter, [or] the administrative
rules [thereunder, or of] 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 department’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[, or if];
(b) There is a question [of] whether the person in possession of the hides or livestock
is the owner [of the hides or livestock
or is in lawful possession thereof, or if] or a lawful possessor; or
(c) The person in possession of the livestock
fails to submit evidence requested under ORS 604.051 (1)[, the department may undertake any of the actions described in ORS
604.056].
(5) In lieu of the brand
inspection and the issuance of a brand inspection certificate required by
subsection (1) of this section[, an
alternative document specified hereafter may accompany livestock in each of the
following instances]:
[(a) Horses, when accompanied by a special nontransferable brand
inspection certificate identifying such horses and issued by the department for
an indeterminate time to the owner of the horses;]
[(b)] (a) [Livestock]
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
[(c)] (b) Cattle, in lots not to exceed 15 head, presented by
one person for slaughter at [any] a
slaughterhouse [when] 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 [section] 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 [livestock] 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 [section]
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,
SECTION 3.
ORS 604.066 is amended to read:
604.066. (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) $20 for the brand inspection described in ORS 604.046 (5)(a); or]
(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
[(b)] (c) [$5]
$10 per head for a brand inspection [when]
on livestock other than Equidae, if the brand inspection certificate
utilized is valid for [a period in excess
of] more than eight days.
(2) In accordance with
the provisions of ORS chapter 183, the department shall establish a brand
inspection fee [of] on cattle and
cattle hides for which a brand inspection certificate is valid for eight days.
The fee shall be not less than [50]
85 cents and not more than [75 cents]
$1 per head of cattle [or per cattle
hide, and of not more than $3.75 per head of horses, mules and asses]
and not more than $2 per hide.
(3) [The brand inspection fee, including
assessments under ORS 577.512, shall be paid to the department by] 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 [therefor and
forthwith pay] and assessments and forward them to the department. [A brand inspection fee may not be collected
by livestock auction markets on livestock] 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.[, unless the animal is
destined for slaughter or shipment out of this state or on] 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. [However, any assessments under
ORS 577.512 are still payable to the department.]
(4) The person
requesting or requiring brand inspection is not required to pay a brand
inspection fee or pay assessments [A
person may claim a refund of brand inspection fees paid on Oregon livestock]
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. [The refund may be claimed only for brand
inspection fees paid on the identical livestock transported. A written claim
for refund shall be submitted to the department within 90 days from the
initiation of the livestock movement, accompanied by an affidavit prescribed by
the department confirming the circumstances set forth in this paragraph.]
(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.
SECTION 4.
ORS 604.071 is amended to read:
604.071. [No person shall] 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 [thereof] of the brand, or use a
brand recorded in another state, except in accordance with rules adopted by the
State Department of Agriculture;
[(7)] (8)(a) Transport [livestock]
cattle out of this state without a brand inspection certificate having been
issued to the person presenting the [livestock]
cattle for transport[, or];
(b) Fail to have a document identifying each
load of [livestock] transported
cattle as a part of the [livestock]
cattle described on the brand inspection certificate accompanying each
load[,]; or
(c) Fail to
deliver the brand inspection certificate to the [livestock] consignee upon the transported cattle reaching
the intended destination;
[(8)] (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; [or]
[(9)] (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.
SECTION 5.
ORS 604.992 is amended to read:
604.992. (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 [livestock] cattle movement originated or the county where
the [livestock] cattle
movement terminated.
SECTION 6.
ORS 599.269 is amended to read:
599.269. Before any
livestock auction market can sell cattle[,
horses or other livestock] as designated by the State Department of
Agriculture, at an auction open to public bidding, or on consignment or
commission basis, a brand inspector shall be present to carry out the brand
inspection provisions of ORS chapter 604 and this chapter. It is necessary
therefor that the department recover at least in part its actual costs of
maintaining such inspection and related services. During any 24-hour period if
the brand inspection fees [which] that
the department is authorized to collect through and in a livestock auction
market under ORS chapter 604 do not total $50, the livestock auction market
licensee shall include and at the same time pay to the department the
difference between the actual brand inspection total fees collected and $50.
This section also applies to sales by breed or livestock associations, fairs or
other groups, but does not apply to sales by Future Farmer or 4-H groups.
SECTION 7.
ORS 603.075 is amended to read:
603.075. The State
Department of Agriculture may impose on any establishment required by the
laws of this state to have brand inspection [shall after the first service call during a calendar week pay to the
State Department of Agriculture for such subsequent services the fees] the
service fee established under ORS [604.066
(2), which shall not be less than the fees equivalent to the inspection of five
head of livestock per service call] 604.046 (2). Such [fees are] fee is appropriated as
set forth in ORS chapter 604. [For the
purposes of this section a calendar week is defined as the period commencing at
12:01 a.m. on Sunday and ending at 12 midnight Saturday.]
Notwithstanding ORS 604.046 (2), the department may waive the service fee under
circumstances the department deems appropriate.
SECTION 8. The
amendments to ORS 599.269, 603.075, 604.005, 604.046, 604.066, 604.071 and
604.992 by sections 1 to 7 of this 2007 Act apply to brand inspections
conducted, and brand inspection certificates issued, on or after July 1, 2007.
SECTION 9. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date May 30, 2007
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