74th OREGON LEGISLATIVE ASSEMBLY--2007 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 669
Senate Bill 236
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 Theodore R.
Kulongoski 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.
Creates lifetime brand inspection for Equidae. Expands State
Department of Agriculture authority to collect brand inspection
service fee. Removes brand inspection certificate requirements
for livestock other than cattle. Expands branding law application
for sheep. Replaces fee refund system with fee exemption for
certain transported cattle.
Declares emergency, effective on passage.
A BILL FOR AN ACT
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 Oregon:
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 also assess and collect a service fee of $10.
(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, Nevada, Idaho or Washington, the department
may recognize brand inspections performed in any of such other
states in lieu of the brand inspections required by this chapter.
Any such agreement shall provide that recognition of brand
inspections of any such other state shall be effective only while
brand inspections performed pursuant to this chapter are
recognized in such other state.
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;
or + }
(b) { - $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 shall pay the assessments, but no
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 shall pay the
assessments, but no 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. + }
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