76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1593
Senate Bill 262
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 Senate Interim Committee on
Business and Transportation for Lindy Minten)
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.
Replaces brand inspection for equines with equine ownership
certificate. Requires owner to obtain equine ownership
certificate for equine that is present in state for more than 30
consecutive days. Makes failure to obtain certificate subject to
maximum fine of $500 per equine for first occurrence and $1,000
per equine for second or subsequent occurrence. Establishes
requirements for recording transfer of ownership of equine.
Requires providing equine with food, water and opportunity to
rest after each eight hours of transport time. Makes violations
subject to maximum fine of $500 per equine for first occurrence
and $1,000 per equine for second or subsequent occurrence.
Establishes duties of livestock carrier transporting equines.
Establishes prohibitions for livestock carrier transporting
equines. Requires that equine ownership certificate or equivalent
document issued by another state accompany equine transported by
livestock carrier. Makes violations subject to maximum fine of
$500 per equine for first occurrence or $1,000 per equine for
second or subsequent occurrence.
Establishes equine trader permit system.
Requires State Department of Agriculture to establish registry
of equine rescue facilities. Identifies certain failures to
disclose or misleading or deceptive statements by persons not
registered as equine rescue facility to be unfair trade practice.
Establishes requirements for livestock auction market sale of
equines. Repeals temporary horse sales license provisions.
A BILL FOR AN ACT
Relating to equines; creating new provisions; and amending ORS
561.144, 599.205, 599.510, 599.620, 604.005, 604.015, 604.066
and 646.608.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 2 to 12 of this 2011 Act:
(1) 'Equine' means a horse, pony, donkey, mule or hinny or any
hybrid of those animals.
(2) 'Equine carrier' means a person that transports equine by
motor vehicle for compensation as a contract carrier.
(3) 'Equine trader' means the holder of an equine trader permit
issued under section 7 of this 2011 Act.
(4) 'Trailer' has the meaning given that term in ORS
801.560. + }
SECTION 2. { + (1) The owner of an equine that is present in
this state for more than 30 consecutive days must apply to the
State Department of Agriculture for an equine ownership
certificate for the equine. If an equine that has been registered
with the department is sold to a buyer in this state, the buyer
must apply for a new ownership certificate for the equine no
later than 30 days after purchasing the equine.
(2) An application for an equine ownership certificate must be
in a form acceptable to the department and accompanied by an
inspection and certificate fee established by department rule,
not to exceed $100. The application information must include the
following:
(a) The name and address of the applicant. If the applicant is
an equine trader, the application must also include the equine
trader permit number of the applicant.
(b) The name and address of each person to be listed as an
owner of the equine.
(c) Whether the equine is currently registered in this state or
another state. If the equine is currently registered in this
state or another state, the application must include a copy of
the registration information. If the equine is not registered in
any state and was acquired by the applicant, the application
shall indicate the source from which the equine was acquired.
(d) Whether the equine is registered with any breed
association. If the equine is registered with a breed
association, the application must include a copy of the
association registration information.
(e) The species of equine.
(f) The name of the equine.
(g) The age or date of birth of the equine.
(h) The gender of the equine and whether the equine has been
rendered sterile.
(i) The color of the equine and a description of any markings.
(j) The place or places at which the equine will be regularly
kept.
(k) Any other information the department considers necessary or
convenient for processing a certificate or maintaining a
certificate registry.
(3) An equine ownership certificate issued by the department is
valid for the life of the equine unless the equine is sold. The
department shall maintain a registry of all active equine
ownership certificates issued by the department. + }
SECTION 3. { + A person that is transporting an equine shall
ensure that the equine is not transported more than eight hours
between rest breaks. A rest break for an equine must include
removal from any vehicle for at least six hours, appropriate food
and potable water. + }
SECTION 4. { + (1) An equine carrier may not transport an
equine in a trailer that has more than one level or tier.
(2) An equine carrier who transports an equine in a trailer
shall ensure that:
(a) The trailer:
(A) Is designed, constructed and maintained in a manner that at
all times protects the health and well-being of any equine being
transported;
(B) Segregates any aggressive equine from the other equines
being transported;
(C) Has sufficient interior height to allow each equine to
stand with its head extended to fullest normal postural height;
and
(D) Is equipped with doors of sufficient width and height to
provide for the safe loading and unloading of any equine.
(b) Each equine is loaded in the trailer in such a manner that:
(A) The equine has enough floor space to prevent any crowding
likely to cause injury or discomfort to the equine; and
(B) Any aggressive equine cannot come into contact with any
other equine being transported.
(c) During the transportation:
(A) The motor vehicle pulling the trailer is driven in a manner
reasonably calculated to avoid causing injury to the equines;
(B) The physical condition and segregation of the equines is
checked at least once every six hours;
(C) Except as provided in subparagraph (D) of this paragraph,
if an equine is in obvious physical distress, veterinary
assistance is obtained for the equine as soon as practicable;
(D) If an equine becomes nonambulatory, the equine is provided
with veterinary assistance or humanely euthanized as soon as
practicable; and
(E) Any equine that has been in the trailer for eight
consecutive hours is unloaded and provided with appropriate food,
potable water and the opportunity to rest for at least six
consecutive hours.
(3) A person may not use an electric prod on an equine while
the equine is being loaded, transported or unloaded. + }
SECTION 5. { + (1) An equine carrier may not:
(a) Engage in equine transportation that originates within this
state unless the person presenting the equine for transport has
been issued an equine ownership certificate issued under section
2 of this 2011 Act or presents a document establishing that the
equine has been in this state for less than 30 consecutive days.
(b) Fail to possess the equine ownership certificate for the
transported equine or documents establishing that the transported
equine was in this state for less than 30 days consecutive prior
to the date the equine carrier took possession of the equine.
(c) Fail to present any documents provided to the equine
carrier under paragraph (a) of this subsection to the consignee
upon the equine reaching the intended destination.
(d) Refuse to present an equine ownership certificate or other
document described in paragraph (a) of this subsection to a
person authorized by law to inspect an equine ownership
certificate or refuse to allow the inspection of a transported
equine by a person authorized by law to inspect the equine.
(2) For purposes of subsection (1) of this section, a valid
ownership certificate, brand inspection certificate or similar
document issued by another state for an equine is prima facie
evidence that an equine has been in this state for less than 30
consecutive days. This subsection does not prohibit the use of
other forms of documentation to establish that an equine has been
in this state for less than 30 consecutive days. + }
SECTION 6. { + (1) Except as provided in any rules adopted
under section 11 of this 2011 Act, a person selling an equine in
this state shall complete, date and sign an equine transfer form.
The State Department of Agriculture shall specify the information
required to be included on the transfer form. Except as provided
in sections 7 and 15 of this 2011 Act or in rules adopted under
section 11 of this 2011 Act, the seller shall give the transfer
form, the equine ownership certificate for the equine and a
notarized bill of sale to the buyer.
(2) Unless the sale is subject to section 7 of this 2011 Act or
rules adopted under section 11 of this 2011 Act, or unless the
equine is transported to a place outside of this state for
keeping, no later than 30 days after the transfer of ownership
the buyer shall complete the buyer information portion of the
equine transfer form and file the form and equine ownership
certificate with the department. The department shall record the
transfer of ownership for the equine and issue the buyer a new
equine ownership certificate.
(3) Notwithstanding section 2 of this 2011 Act, the department:
(a) Except as provided in paragraph (b) of this subsection,
shall charge the buyer a fee of $10 to record the transfer of
ownership and issue the new equine ownership certificate.
(b) Shall record the transfer of ownership and issue a new
equine ownership certificate without charge if the buyer or
seller of the equine is a federal agency or is listed on the
registry of equine rescue facilities maintained by the department
under section 10 of this 2011 Act.
(4) A buyer may not resell an equine prior to the department
recording the transfer of ownership and issuing a new equine
ownership certificate for the equine. This subsection does not
apply to an equine bought or sold by an equine trader.
(5) The owner of an equine shall notify the department if:
(a) The equine dies of natural causes or is euthanized.
(b) The equine is being transported out of state.
(c) The equine is being sold to an out-of-state buyer. + }
SECTION 7. { + (1) The State Department of Agriculture shall
issue an equine trader permit to an applicant who pays a fee of
$100 and who complies with the requirements of this section. The
permit is valid for one year from the date of issuance.
(2) Applications for the issuance or renewal of an equine
trader permit must contain the following information:
(a) The full name of the applicant.
(b) The applicant's business and residence addresses.
(c) The date and place of the applicant's birth.
(d) Information concerning any equine trading permits currently
or previously held by the applicant in other states and the
status of those permits.
(e) Information concerning any misdemeanor or felony
convictions within seven years before the date of the
application, including any convictions subsequently set aside or
resulting in restoration of civil rights.
(f) Information concerning any misdemeanor or felony
convictions for an offense described in ORS 167.315 to 167.333 or
for an equivalent offense of another jurisdiction.
(g) Any other information required by the department.
(3) Except as provided in any rules adopted under section 11 of
this 2011 Act, an equine trader who purchases an equine in this
state shall obtain from the seller a notarized bill of sale, an
equine ownership certificate for the equine and a copy of an
equine transfer form with the seller information completed. The
equine trader shall provide the seller with a receipt for the
equine and documents. An equine trader is not required to file
the transfer form with the department before reselling the
equine. If the equine is purchased from a seller outside this
state, instead of submitting an equine ownership certificate for
the equine the equine seller may submit an equivalent document
issued by another state.
(4) If the equine trader resells the equine, the equine trader
shall enter the name and permit number of the equine trader and
the date of sale on the transfer form. The equine trader shall
provide the buyer with a notarized bill of sale and an equine
ownership certificate or the equivalent from another state for
the equine. Unless the equine trader knows that the equine is
being sold to be transported out of state, the equine trader
shall also provide the buyer with the transfer form for the
equine. Unless the equine is transported to a place outside of
this state for keeping, a person buying an equine from an equine
trader shall file the transfer form and the equine ownership
certificate or equivalent with the department no later than 30
days after the date of sale entered on the transfer form by the
equine trader. If the equine trader knows that the equine is
being sold to be transported out of state, the equine trader
shall retain the transfer form and deliver the form to the
department as provided under section 8 of this 2011 Act. + }
SECTION 8. { + (1) An equine trader shall maintain inventory
records of all equines sold by the equine trader. The records
must include the date sold, information contained on the equine
ownership certificate or an equivalent document issued by another
state and the name and address of the buyer. The equine trader
shall file monthly reports with the State Department of
Agriculture stating the number of equines sold by the equine
trader during the month. At the time of filing a report under
this section, the equine trader shall send the department any
equine transfer forms retained by the equine trader under section
7 of this 2011 Act.
(2) The department may enter the business premises of an equine
trader during reasonable hours to inspect equines on the premises
and inspect the inventory and other business records of the
equine trader. + }
SECTION 9. { + (1) The State Department of Agriculture may
deny, refuse to renew, suspend or revoke an equine trader permit
because of:
(a) Violation of a provision of section 7 or 8 of this 2011 Act
or a department rule for the administration or enforcement of
section 7 or 8 of this 2011 Act.
(b) Violation of a provision of ORS 646.605 to 646.652.
(c) Revocation within the preceding five years of an equine
trader permit issued by another state.
(d) Suspension within the preceding five years of an equine
trader permit issued by another state, if the suspension is based
on activity that is substantially related to the fitness and
ability of the person to hold an equine trader permit in this
state.
(e) Conviction within the preceding seven years of a
misdemeanor or felony directly related to the equine trade
occupation, if the offense demonstrates unfitness for a permit.
(2) A person whose equine trader permit is revoked by the
department is disqualified from applying for a new permit for a
period specified by the department, not to be less than five
years. + }
SECTION 10. { + (1) The State Department of Agriculture shall
establish and maintain a registry of equine rescue facilities,
and a public list of registered equine rescue facilities, at
department offices. The public list must also be made available
on a department website.
(2) To be registered under this section, an equine rescue
facility must:
(a) Be incorporated as a nonprofit corporation in this state.
(b) Meet minimum standards prescribed by the department for:
(A) The physical condition of the facility; and
(B) Equine care and treatment at the facility.
(3) The term of registration is one year from the initial date
of registration, renewable annually.
(4) For initial registration or annual renewal of registration,
a person representing the equine rescue facility shall file with
the department:
(a) A letter from a licensed veterinarian, dated no later than
15 days before the filing date, certifying that the facility
meets the standards prescribed by the department for the physical
condition of the facility and for the care and treatment of
equines at the facility; and
(b) Documents demonstrating the facility's current status as a
nonprofit corporation in good standing in this state.
(5) The registry must include the documents filed for
registration or renewal of registration under this section or a
link to an equine rescue facility website displaying the
documents.
(6) The department may not charge a fee for registering and
renewing the registration of equine rescue facilities under this
section.
(7) Subject to ORS chapter 183, the department may remove an
equine rescue facility from the registry if:
(a) The facility violates a provision of ORS 646.605 to
646.652;
(b) An owner, manager or employee of the facility is convicted
of an offense described in ORS 167.315 to 167.333 or for an
equivalent offense of another jurisdiction that demonstrates the
facility is unfit for registry; or
(c) The physical facilities or the equine care and treatment
provided by the facility fail to meet the minimum standards
adopted by the department under this section.
(8) The department may adopt rules to implement this
section. + }
SECTION 11. { + (1) An equine rescue facility registered under
section 10 of this 2011 Act shall maintain inventory records for
all equines that the facility sells or places for adoption. The
records must include the date that the equine is sold or placed
for adoption and the name and address of the buyer or the person
adopting the equine. The facility shall file monthly reports with
the State Department of Agriculture describing any sales or
placements of equines by the facility.
(2) The department may adopt rules to regulate the selling,
buying and recording of ownership information for wild equines,
equines obtained from an equine rescue facility or other equines
for which the department finds that seller or buyer compliance
with section 6 or 7 of this 2011 Act is not practicable.
(3) The department may enter the business premises of a
registered equine rescue facility during reasonable hours for the
purpose of inspecting the inventory records described in this
section or for the purpose of verifying that physical facilities
and equine care and treatment meet the minimum standards of the
department described in section 10 (2) of this 2011 Act. + }
SECTION 12. { + (1) A person that purports to receive an
equine for rescue purposes or that solicits funding from a public
or private source for equine rescue purposes must make a clear
and conspicuous disclosure that the person is not approved by the
state as an equine rescue facility unless the person is listed on
the State Department of Agriculture registry described in section
10 of this 2011 Act as an equine rescue facility.
(2) A person that is subject to the disclosure requirement in
subsection (1) of this section may not make any false or
deceptive statement or other representation indicating that the
person is recognized or approved as an equine rescue facility by
the state or by any organization or facility that is listed on
the department registry described in section 10 of this 2011 Act
as an equine rescue facility. + }
SECTION 13. { + (1) Violation of section 2 of this 2011 Act is
an unclassified violation subject to:
(a) For a first occurrence, a maximum fine of $500 for each
equine for which the owner fails to obtain an equine ownership
certificate.
(b) For a second or subsequent occurrence, a maximum fine of
$1,000 for each equine for which the owner fails to obtain an
equine ownership certificate.
(2) Violation of section 3 of this 2011 Act is an unclassified
violation subject to a maximum fine:
(a) For a first occurrence, of $500 for each equine not
provided with the required appropriate food, potable water or
opportunity to rest.
(b) For a second or subsequent occurrence, of $1,000 for each
equine not provided with the required appropriate food, potable
water or opportunity to rest.
(3) Violation of a provision of section 4 or 5 of this 2011 Act
is an unclassified violation subject to:
(a) For a first occurrence, a maximum fine of $500 for each
equine being transported in violation of section 4 or 5 of this
2011 Act.
(b) For a second or subsequent occurrence, a maximum fine of
$1,000 for each equine being transported in violation of section
4 or 5 of this 2011 Act.
(4) Violation of section 7 of this 2011 Act is an unclassified
violation subject to:
(a) For a first offense, a maximum fine of $500.
(b) For a second or subsequent offense, a maximum fine of
$1,000. + }
SECTION 14. { + Section 15 of this 2011 Act is added to and
made a part of ORS chapter 599. + }
SECTION 15. { + (1) A person who delivers an equine to a
livestock auction market shall present the equine ownership
certificate described in section 2 of this 2011 Act or an
equivalent document issued by another state for the equine to the
person in responsible charge of the livestock auction market. The
owner selling the equine must provide the operator of the
livestock auction market with an equine transfer form with the
seller information completed.
(2) The operator of the livestock auction market shall provide
a buyer with a bill of sale and the equine ownership certificate
or the equivalent from another state for the equine. Unless the
operator of the livestock auction market knows that the equine is
being sold to be transported out of state, the operator shall
also provide the buyer with the equine transfer form for the
equine. If the operator knows that the equine is being sold to be
transported out of state, the operator shall retain the transfer
form and deliver the form to the State Department of Agriculture
with the monthly report described in subsection (3) of this
section.
(3) A livestock auction market must maintain inventory records
of all equine sold by the livestock auction market. The records
shall include the date sold, information contained on the equine
ownership certificate or an equivalent document issued by another
state and the name and address of the buyer. The livestock
auction market shall file monthly reports with the department
stating the number of equines sold by the livestock auction
market during the month. At the time of filing a report under
this section, the livestock auction market shall send the
department any equine transfer forms retained by the equine
trader under subsection (2) of this section.
(4) A licensed livestock auction market is not required to
obtain an equine trader permit under section 7 of this 2011
Act. + }
SECTION 16. 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
and distinct from the General Fund. 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) 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, 561.740, 570.710, 571.057,
571.063, 571.145, 571.305, 583.004, 583.046, 583.445, 583.510,
583.610, 585.050, 586.270, 586.580, 586.650, 596.030, 596.100,
596.311, 599.235, 599.269, 599.406, 599.610, 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, 633.318, 633.362, 633.461,
633.471, 633.680, 633.700, 633.720, 634.016, 634.116, 634.122,
634.126, 634.132, 634.136, 634.212 and 635.030 { + and sections
2 and 7 of this 2011 Act + }.
SECTION 17. ORS 599.205 is amended to read:
599.205. As used in this chapter, unless the context otherwise
requires:
(1) 'Dairy cattle' includes the recognized breeds of bovine
animals used primarily for the production of milk, such as, but
not limited to, Jersey, Guernsey, Brown Swiss, Ayrshire, Milking
Shorthorn, Holstein and Red Polled, whether or not such animals
are purebred or grade, and crosses of such breeds, including
crosses of such breeds with beef type animals.
(2) 'Department' means the State Department of Agriculture of
the State of Oregon.
(3) 'Director' means the director of the department.
{ + (4) 'Equine' means a horse, pony, donkey, mule or hinny
or any hybrid of those animals. + }
{ - (4) - } { + (5) + } 'Licensee' means any person who
operates a livestock auction market, either as owner or lessee,
and who holds a license to conduct such market issued by the
department pursuant to the provisions of this chapter.
{ - (5) - } { + (6) + } 'Livestock' includes { - horses,
mules, asses, - } { + equines, + } cattle, sheep, swine, goats
and poultry, including turkeys, of any age or sex.
{ - (6) - } { + (7) + } 'Livestock auction market' means a
place of business to which the public may consign livestock for
sale by auction open to public bidding or sold on a commission
basis, but, specifically, it does not include breed or livestock
associations operating subject to and in compliance with the
provisions of the Oregon Nonprofit Corporation Act, ORS chapter
65, Future Farmer and 4-H groups, auction sales conducted in
conjunction with county, state or private fairs or auction sales
conducted by or for a person at which livestock of such person's
ownership are sold on premises of the person.
{ - (7) - } { + (8) + } 'Meat dealer' means a person
licensed to slaughter meat food animals pursuant to the
applicable provisions of this section and ORS chapter 603.
SECTION 18. ORS 599.510 is amended to read:
599.510. { - No person shall - } { + A person may not + }
enter or offer or attempt to enter into any agreement or
arrangement with another person for the purpose of preventing
competitive bidding upon any
{ - horses, mules, - } { + equines, + } cattle, sheep, swine
or other livestock shipped to a wholesale or central stockyards
market for sale.
SECTION 19. ORS 604.015 is amended to read:
604.015. (1) The State Department of Agriculture may appoint
and designate employees as brand inspectors to administer and
enforce the brand inspection activities of the department under
ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610,
603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to
604.071, 604.640, 604.650 and 604.992 { + and the equine
ownership certificate laws in sections 2 to 12, 13 and 15 of this
2011 Act + }. In addition, the department may authorize and
direct brand inspectors to administer and enforce other laws
under the jurisdiction of the department.
(2) In making appointments under subsection (1) of this
section, the department may appoint as part-time brand inspectors
persons in the unclassified service of the personnel relations
system who possess the necessary experience, knowledge and
qualifications and pay them on any reasonable and fair basis.
However, at any time the average monthly compensation received by
such a person during a six-month period equals or exceeds the
minimum wage or starting step of the pay range or schedule
established for brand inspectors, then the person and the
position are subject to the State Personnel Relations Law. If
such person in the opinion of the department has satisfactorily
carried out the duties as a brand inspector, and if it is in the
best interests of the department, the person shall be given
regular merit system status and shall be entitled to be hired by
the department upon successfully passing a noncompetitive
examination for this classification.
(3) In making appointments under subsection (1) of this
section, the department may appoint as brand inspectors persons
subject to the State Personnel Relations Law. At any time in any
area where the workload decreases or other facts or conditions
require only the part-time services of a person in a classified
position, the department may declare the position to be
unclassified.
(4) By written agreement, the department may designate
employees of another state agency, or of a county or city
government, as brand inspectors to administer and enforce the
department's brand inspection activities or other laws under the
jurisdiction of the department in the same manner and to the same
extent as brand inspectors appointed under subsection (1) of this
section. While carrying out the authority delegated under this
subsection, brand inspectors shall comply with the provisions of
ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610,
603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to
604.071, 604.640, 604.650 and 604.992 { + and sections 2 to 12,
13 and 15 of this 2011 Act + }, and the administrative rules
promulgated thereunder, collect any brand inspection fees due the
department and forthwith pay the same to the department, continue
to act under the supervision of their employing agencies,
continue to carry out their regular duties for their employing
agencies, and receive or have their employing agencies receive
any agreed compensation from the department for carrying out the
authority delegated under this subsection. The department may
terminate any designation under this subsection without hearing
or notice, notwithstanding any laws to the contrary.
(5) The department may appoint and designate employees as
livestock police officers or investigative officers to administer
and enforce the department's authority under ORS 561.144,
577.512, 599.205, 599.269, 599.273, 599.610, 603.015, 603.034,
603.075 to 603.095, 603.992, 604.005 to 604.071, 604.640, 604.650
and 604.992 { + and sections 2 to 12, 13 and 15 of this 2011
Act + }, including supervision of brand inspectors. In addition,
the department may authorize and direct livestock police officers
or investigative officers to administer and enforce other laws
under the jurisdiction of the department. Brand inspectors,
livestock police officers and investigative officers are
empowered to carry out the activities of peace officers and
police officers, as set forth in ORS chapter 133. They may be
furnished uniforms, identification badges, emergency vehicles and
other equipment appropriate to carrying out investigative and law
enforcement activities.
SECTION 20. ORS 599.620 is amended to read:
599.620. Except as provided by ORS 599.245, the provisions of
this chapter shall not apply to a person licensed pursuant to ORS
599.610. In lieu thereof, the State Department of Agriculture
shall promulgate regulations relating to the time, place, manner
and method of the temporary sale of horses as authorized by ORS
599.610. In the enforcement of such provisions or the
promulgation of regulations thereunder, the department shall take
into consideration the following factors:
(1) The measures necessary to establish and maintain the same
standards and purposes as are contained in the laws and
regulations relating to livestock auction markets and stockyards
licensed under and subject to the provisions of this chapter and
ORS chapter 596 and yet at the same time to provide a practical
and reasonable procedure to permit the holding of such temporary
sale of horses.
(2) Those measures necessary to control or eradicate contagious
or infectious diseases of horses.
(3) The employment of a veterinarian by the licensee as
provided by ORS 599.335.
(4) The economic consequences to the citizens of this state
which may result from the spread of all diseases of horses.
(5) The extent to which certain diseases of horses are endemic
or epidemic through neighboring states, the United States or this
state.
(6) The extent to which livestock other than horses which are
infected with or are carriers of the diseases may be adversely
affected by reason thereof.
(7) The laws and regulations of the United States and other
states.
(8) The laws relating to brands, as provided by this chapter.
{ + (9) The laws relating to equine ownership certificates
and equine transfer forms as provided in sections 2 and 6 of this
2011 Act. + }
SECTION 21. 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 that is valid for eight days, unless otherwise
specified therein, and 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) 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 - } { + pony,
donkey, mule or hinny or any hybrid of those animals + }.
(8) 'Livestock' means cattle, Equidae, sheep and any other
animals designated by the administrative rule of the department.
(9) 'Livestock auction market' shall have the meaning set forth
in ORS 599.205.
(10) 'Livestock carrier' means the person who transports
livestock { + other than Equidae + } 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.
(11) 'Slaughterhouse' shall have the meaning set forth in ORS
603.010.
SECTION 22. 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) $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 - }
{ - (c) - } { + of + } $10 per head for a brand inspection
{ - on livestock other than Equidae, - } if the brand
inspection certificate utilized is valid for more than eight
days.
(2) In accordance with the provisions of ORS chapter 183, the
department shall establish a brand inspection fee on cattle and
cattle hides for which a brand inspection certificate is valid
for eight days. The fee shall be not less than 85 cents and not
more than $1 per head of cattle and not more than $2 per hide.
(3) 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 and assessments and forward them
to the department. 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. 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.
(4) The person requesting or requiring brand inspection is not
required to pay a brand inspection fee or pay assessments 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.
(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 23. ORS 646.608 is amended to read:
646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
(a) Passes off real estate, goods or services as those of
another.
(b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
(c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
(d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
(e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
(f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
(g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
(h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
(i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
(j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
(k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
(L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
(m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
(n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
(o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
(p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
(q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
(r) Organizes or induces or attempts to induce membership in a
pyramid club.
(s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
(t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
(u) Engages in any other unfair or deceptive conduct in trade
or commerce.
(v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
(w) Manufactures mercury fever thermometers.
(x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
(A) Prescribed by a person licensed under ORS chapter 677; and
(B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
(y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
(z) Sells or offers for sale a motor vehicle manufactured after
January 1, 2006, that contains mercury light switches.
(aa) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
(bb) Violates ORS 646A.070 (1).
(cc) Violates any requirement of ORS 646A.030 to 646A.040.
(dd) Violates the provisions of ORS 128.801 to 128.898.
(ee) Violates ORS 646.883 or 646.885.
(ff) Violates ORS 646.569.
(gg) Violates the provisions of ORS 646A.142.
(hh) Violates ORS 646A.360.
(ii) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
(jj) Violates ORS 646.563.
(kk) Violates ORS 759.690 or any rule adopted pursuant thereto.
(LL) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
(mm) Violates ORS 646A.210 or 646A.214.
(nn) Violates any provision of ORS 646A.124 to 646A.134.
(oo) Violates ORS 646A.095.
(pp) Violates ORS 822.046.
(qq) Violates ORS 128.001.
(rr) Violates ORS 646.649 (2) to (4).
(ss) Violates ORS 646A.090 (2) to (4).
(tt) Violates ORS 87.686.
(uu) Violates ORS 646.651.
(vv) Violates ORS 646A.362.
(ww) Violates ORS 646A.052 or any rule adopted under ORS
646A.052 or 646A.054.
(xx) Violates ORS 180.440 (1) or 180.486 (1).
(yy) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
(zz) Violates ORS 87.007 (2) or (3).
(aaa) Violates ORS 92.405 (1), (2) or (3).
(bbb) Engages in an unlawful practice under ORS 646.648.
(ccc) Violates ORS 646A.365.
(ddd) Violates ORS 98.854 or 98.858 or a rule adopted under ORS
98.864.
(eee) Sells a gift card in violation of ORS 646A.276.
(fff) Violates ORS 646A.102, 646A.106 or 646A.108.
(ggg) Violates ORS 646A.430 to 646A.450.
(hhh) Violates a provision of ORS 744.318 to 744.384, 744.991
and 744.992.
(iii) Violates a provision of ORS 646A.702 to 646A.720.
(jjj) Violates ORS 646A.530 30 or more days after a recall
notice, warning or declaration described in ORS 646A.530 is
issued for the children's product, as defined in ORS 646A.525,
that is the subject of the violation.
(kkk) Violates a provision of ORS 697.612, 697.642, 697.652,
697.662, 697.682, 697.692 or 697.707.
(LLL) Violates the consumer protection provisions of the
Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., as
in effect on January 1, 2010.
(mmm) Violates a provision of ORS 646A.480 to 646A.495.
(nnn) Violates ORS 646A.082.
(ooo) Violates ORS 646.647.
(ppp) Violates ORS 646A.115.
(qqq) Violates a provision of ORS 646A.405.
{ + (rrr) Violates section 12 of this 2011 Act. + }
(2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
(3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
(4) An action or suit may not be brought under subsection
(1)(u) of this section unless the Attorney General has first
established a rule in accordance with the provisions of ORS
chapter 183 declaring the conduct to be unfair or deceptive in
trade or commerce.
(5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection (1)(xx)
of this section by a person other than a prosecuting attorney,
relief is limited to an injunction and the prevailing party may
be awarded reasonable attorney fees.
SECTION 24. { + (1) Section 2 (1) of this 2011 Act becomes
operative January 1, 2015.
(2) The State Department of Agriculture shall make equine
ownership certificates available for issuance to applicants no
later than July 1, 2012. Notwithstanding section 2 of this 2011
Act, except as provided in this subsection, the inspection and
registration fee that must accompany an equine ownership
certificate application that the department receives before
January 1, 2015, is $25. Notwithstanding section 2 of this 2011
Act, if the owner of the equine obtained a lifetime brand
inspection for the equine under ORS 604.066 before the effective
date of this 2011 Act, an inspection and registration fee is not
required for an equine ownership certificate application that the
department receives before January 1, 2015. + }
SECTION 25. { + (1) Sections 3 to 9, 11, 12 and 15 of this
2011 Act and the amendments to ORS 599.205, 599.510, 599.620,
604.005, 604.015, 604.066 and 646.608 by sections 17 to 23 of
this 2011 Act become operative January 1, 2015.
(2) The State Department of Agriculture shall make equine
trader permits available for issuance to applicants no later than
January 1, 2014. Notwithstanding subsection (1) of this section,
sections 8 and 9 of this 2011 Act apply to any equine trader that
is issued a permit under section 7 of this 2011 Act.
(3) The department shall make equine rescue facility
registration available under section 10 of this 2011 Act no later
than January 1, 2014. Notwithstanding subsection (1) of this
section, section 11 of this 2011 Act applies to any equine rescue
facility that is registered under section 10 of this 2011
Act. + }
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