75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3439
Senate Bill 645
Sponsored by Senator FERRIOLI (at the request of Mike Smith)
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.
Prohibits state or local agencies or units of local government
from facilitating, taking part in or cooperating with source
verification program or any other agreement or program for
identifying, tracking or tracing livestock. Creates exceptions.
Prohibits discrimination against livestock suppliers, food
processors or food suppliers based on livestock supplier being
participant or nonparticipant in source verification program.
Provides that livestock supplier participation or
nonparticipation in source verification program does not create
private cause of action against supplier or customers of
supplier. Requires private organization establishing source
verification program to take certain actions to control use of
program information.
A BILL FOR AN ACT
Relating to animal source programs.
Whereas the existing means for identifying and tracking
livestock have proven sufficient to trace outbreaks of animal
diseases; and
Whereas there is no scientific evidence that a widely-applied
uniform system of tagging and tracking livestock will improve the
ability of the federal or state government to prevent, control or
respond to outbreaks of animal disease; and
Whereas the fostering of livestock ownership and farming is in
the best interest of this state and residents of this state; and
Whereas the establishment of a federal or state animal
identification system is detrimental to individual ownership and
raising of livestock; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Livestock' has the meaning given that term in ORS 609.125.
(b) 'Source verification program' means a livestock
identification system that tracks individual livestock animals or
groups of livestock for the purpose of determining:
(A) The origin of the livestock;
(B) The identity of other animals that may have had contact
with the livestock; or
(C) The places where the livestock may have been raised, held
or boarded.
(2) Notwithstanding ORS 561.020, 561.362 or 596.040, a state or
local agency or unit of local government may not:
(a) Establish a source verification program;
(b) Participate in or cooperate with an interstate or national
source verification program;
(c) Require or encourage participation in a registration system
or database for identifying premises where livestock is raised,
held or boarded, livestock animal identification or livestock
movement tracking or tracing;
(d) Establish, maintain in existence or share any list or
database for a source verification system; or
(e) Enter into or continue in any agreement with the federal
government or other states for, or accept any federal funding
for, the facilitation, establishment or continuation of a
registration system or database for:
(A) Identifying premises where livestock may have been raised,
held or boarded;
(B) Identifying particular livestock animals; or
(C) Tracking or tracing the movement of livestock for the
purpose of determining:
(i) The origin of the livestock; or
(ii) The identity of other animals that may have had contact
with the livestock.
(3) Subsection (2) of this section does not prohibit a state or
local agency or unit of local government from:
(a) Establishing or participating in a disease control program
that addresses only a specific disease known to be present in a
specific species or class of livestock.
(b) Administering and enforcing ORS 80.100 to 80.130, 87.142 to
87.490, 87.700 to 87.736, 561.510 to 561.600, 561.605 to 561.630,
596.311, 596.341, 596.343, 596.346, 596.351, 596.355, 596.361 to
596.402, 596.460 or 596.615 to 596.681 or ORS chapter 576, 577,
583, 599, 603, 604, 607, 608 or 621.
(4) A state or local agency or a unit of local government may
not discriminate:
(a) Against a livestock supplier based upon the status of the
supplier as participant or nonparticipant in a source
verification program; or
(b) Against a food processor or supplier based on the processor
or supplier requiring or failing to require livestock supplier
participation in a source verification program. + }
SECTION 2. { + (1) As used in this section, 'source
verification program' has the meaning given that term in section
1 of this 2009 Act.
(2) A livestock auction market, stockyard, slaughterhouse,
packing plant, food processor or food supplier may not
discriminate against a supplier of livestock based on the status
of the supplier as a participant or nonparticipant in a source
verification program.
(3) The participation or nonparticipation of a livestock
supplier in a source verification program does not create any
private right of action against the livestock supplier or against
any livestock auction market, stockyard, slaughterhouse, packing
plant, food processor or food supplier accepting livestock from
the livestock supplier. + }
SECTION 3. { + (1) As used in this section, 'source
verification program' has the meaning given that term in section
1 of this 2009 Act.
(2) A private organization that establishes a voluntary source
verification program shall:
(a) Provide program participants with a written disclosure of
the uses that may be made of information collected under the
program and obtain written consent of the participants to those
uses.
(b) Maintain confidentiality of the information collected under
the program, except as stated in the written disclosure provided
to program participants.
(c) Upon withdrawal of a program participant, provide the
program participant with all copies of information provided by
the participant regarding the livestock of the participant. + }
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