Chapter 599 — Livestock
Auction Markets; Stockyards; Auction Sales
2011 EDITION
LIVESTOCK AUCTION MARKETS; STOCKYARDS;
SALES
ANIMALS
GENERAL PROVISIONS
599.205 Definitions
LIVESTOCK AUCTION MARKETS
599.215 Prohibitions
599.235 License
fee; appropriation of moneys; separate licenses for each facility; posting
license and names of owners
599.245 Licensee’s
bond
599.251 Procedure
on licensee’s default as to condition of bond
599.255 Suspension
or revocation or refusal to issue or renew licenses
599.265 Market
zone; livestock entering market zone to be sold through auction facilities
599.269 Brand
inspection required prior to public auction of cattle; minimum fee; application
of section; exemptions
599.273 Questions
of livestock ownership and possession
599.275 Cattle
and hogs in market zone to be kept in clean, disinfected and segregated pens
599.285 Floors
in pens; drainage; cleaning pens, alleyways and equipment
599.295 Pens
for diseased animals
599.305 Pens
and facilities for handling, testing, treating or examining livestock
599.315 Regulation
by department of testing, treating and examining of livestock
599.335 Employment
of veterinarian by licensee; authority; revocation of market operator’s license
for failing to correct insanitary conditions
599.345 Weighing
by weighmasters; scale tickets in triplicate
599.355 Records
to be kept by licensee
599.385 Enforcement
procedures
599.395 Joint
federal-state administration of chapter
599.401 Livestock
auction market license required; moving location of market; rules
599.406 License
application; rules; fee; expiration of license; renewal
599.416 Hearing
on license application; notice; record of proceedings
599.421 Matters
to be considered in granting licenses; change of market ownership; fee
exception
599.426 Issuance
or denial of license; procedure
599.431 Renewal
of license; when hearing is required
STOCKYARDS
599.485 Definition
for ORS 599.490 and 599.495
599.490 Department
may impose stockyard requirements to prevent spread of disease
599.495 Cooperative
agreements with federal government under which state department carries out
federal programs in livestock auction markets and stockyards
MISCELLANEOUS PROVISIONS RELATING TO
AUCTIONS
599.510 Prevention
of competitive bidding prohibited
599.520 By-bids
and fraudulent bids made to deceive bidders; minimum or reserve bids
599.530 Prohibited
practices in sales of purebreds
599.540 Withdrawal
of purebred livestock from sale
599.550 Milking
dairy cows prior to sale
599.560 Affidavits
as to time of milking
TEMPORARY HORSE SALE LICENSES
599.610 License
requirements; fee; exemptions
599.620 Enforcement
and regulations
599.630 Revocation,
suspension or refusal to issue license
599.640 Compliance
with ORS 599.610 and 599.620 required
PENALTIES
599.991 Penalties
599.010
[Amended by 1953 c.678 §3; repealed by 1955 c.542 §1]
599.020
[Repealed by 1955 c.542 §1]
599.030
[Amended by 1953 c.678 §3; repealed by 1955 c.542 §1]
599.040
[Repealed by 1955 c.542 §1]
599.050
[Repealed by 1955 c.542 §1]
599.060
[Repealed by 1955 c.542 §1]
599.070
[Repealed by 1955 c.542 §1]
599.080
[Repealed by 1955 c.542 §1]
599.090
[Repealed by 1955 c.542 §1]
599.100
[Repealed by 1955 c.542 §1]
599.110
[Repealed by 1955 c.542 §1]
599.120 [Repealed
by 1955 c.542 §1]
599.130
[Repealed by 1955 c.542 §1]
GENERAL PROVISIONS
599.205 Definitions.
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)
“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)
“Livestock” includes horses, mules, asses, cattle, sheep, swine, goats and
poultry, including turkeys, of any age or sex.
(6)
“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)
“Meat dealer” means a person licensed to slaughter meat food animals pursuant
to the applicable provisions of this section and ORS chapter 603. [1953 c.677 §1;
1955 c.724 §15; 1957 c.390 §1; 1967 c.368 §1; 1971 c.578 §9; 1973 c.175 §13;
1981 c.248 §25; 1983 c.417 §1; 1989 c.1010 §178]
599.210
[Repealed by 1953 c.677 §22]
LIVESTOCK AUCTION MARKETS
599.215 Prohibitions.
(1) No person shall operate a livestock auction market without a valid license
to operate such market issued pursuant to the provisions of this chapter.
(2)
No person shall interfere with the performance by any veterinarian of duties
and responsibilities imposed by the provisions of this chapter.
(3)
No licensee, or the managing agent of the licensee, shall operate a livestock
auction market at which the sanitary practices or conditions prescribed by the
provisions of this chapter or regulations promulgated thereunder have not been
complied with.
(4)
No licensee shall sell or offer for sale any livestock which has not been
examined, tested or treated as required by the provisions of this chapter or
regulations promulgated thereunder.
(5)
No person other than a meat dealer shall remove from the market zone an animal
which has been sold or purchased for immediate slaughter pursuant to the
provisions of this chapter; provided, however, that a person may remove from
the market zone any such animal if it is to be transported directly out of this
state.
(6)
No meat dealer who removes from the market zone an animal sold or purchased for
immediate slaughter pursuant to the provisions of this chapter shall fail,
refuse or neglect to slaughter such animal within eight days from the date the
animal is so removed. [1953 c.677 §17; 1971 c.578 §10]
599.220
[Repealed by 1953 c.677 §22]
599.225 [1953
c.677 §4; 1967 c.368 §6; repealed by 1971 c.578 §20]
599.230
[Repealed by 1953 c.677 §22]
599.235 License fee; appropriation of
moneys; separate licenses for each facility; posting license and names of
owners. (1) Subject to the provisions of
subsection (2) of this section, every person operating a livestock auction
market in this state shall be required to pay on or before June 30, annually, a
fee of $100 to the State Department of Agriculture for a license to operate
such market for the year beginning July 1 next following. If a person operates
a livestock auction market facility in more than one location, a separate
license must be obtained for each such facility. Except for fees paid under ORS
599.269, all fees provided for under the provisions of this chapter shall be
paid into the Department of Agriculture Service Fund and hereby are
continuously appropriated for use in the administration of this chapter.
(2)
In the case of an application for a license made after September 30 of a
license year, and only in such cases, the license fee submitted with the
application shall be prorated on the basis of the number of quarters of three
months each or portions of a quarter remaining in the license year. The fee
accompanying such applications shall be $25 for each such quarter or portion
thereof. For the purposes of this section, the license year shall be the period
July 1 to June 30 next following. Nothing in this section shall be construed to
authorize a refund of license fees in any case.
(3)
The licensee shall at all times have posted in a conspicuous place in the main
business office of such market the full names and addresses of the legal owners
of the market. The livestock auction market operator’s license shall also be
posted conspicuously in the main business office of the market. [1953 c.677 §5;
1971 c.578 §11; 1979 c.499 §13]
599.240
[Repealed by 1953 c.677 §22]
599.245 Licensee’s bond.
(1) Each person licensed to operate a livestock auction market shall maintain a
bond approved by the State Department of Agriculture to secure the performance
of statutory duties and private obligations incurred as the operator of such
market. The bond shall be filed with the department and shall be renewed
whenever the license is renewed. The bond shall be conditioned that the
licensee shall pay all legal claims which may accrue against the licensee in
favor of any seller or buyer of livestock, arising from the conduct of the
licensee’s market.
(2)
The surety on each bond shall be a corporate surety licensed to do business as
a surety within the State of Oregon.
(3)
The surety shall not cancel the bond until 60 days after its written notice of
such cancellation is received by the department, which notice shall be sent to
the department and to the principal by registered or certified mail.
(4)
The amount of the bond, after public hearing under ORS chapter 183, shall be
determined by reference by the department to a schedule which it shall
establish. Such schedule which may vary depending on the type of livestock
auction market operation, the estimated or actual volume of sales or other
standards which the department deems necessary, in so far as is reasonable and
practicable, shall conform to the bonding law and rules of the federal Packers
and Stockyards Act prescribed in subsection (5) of this section. The department
in addition may require before it gives its approval to a bond or renewal
thereof that the applicant submit a financial statement or other information to
assist the department in determining the necessary size or type of bond which
may be necessary for the protection of persons who may be covered or affected
thereby.
(5)
Any livestock auction market licensee or applicant for license who presents to
the department satisfactory evidence of compliance with the bonding provisions
of the federal Packers and Stockyards Act of 1921, 7 U.S.C. §§181 to 228, as
amended, and effective June 29, 1971, shall be deemed in compliance with the
bonding requirements of this section during such time as the licensee or
applicant complies with the bonding provisions of such federal statute. If a
federal bond which has been deemed to be in compliance with the provisions of
this section is canceled or terminated, the licensee shall immediately stop all
operations of such market until another state or federal bond has been obtained
by the licensee and approved by the appropriate agency, as required by law.
Until another such bond has been obtained, the license of the market operator
shall be deemed suspended and shall be surrendered to the department.
(6)
If two or more persons have claims, either fixed or contingent, against a
licensee’s bond maintained pursuant to subsection (1) of this section, they
shall, subject to the provisions of ORS 599.251, share pro rata in the proceeds
of the bond to the extent of their actual damages except that the claims of the
State of Oregon and the department referred to in subsection (1)(a) of this
section shall have priority over, and shall be paid to the department prior to,
all other claims or creditors. [1953 c.677 §6; 1957 c.390 §2; 1959 c.596 §70;
1959 c.685 §31; 1961 c.283 §1; 1963 c.15 §1; 1967 c.368 §4; 1971 c.578 §12]
599.250
[Repealed by 1953 c.677 §22]
599.251 Procedure on licensee’s default as
to condition of bond. (1) Upon default of a licensee
as to any condition of the bond required by ORS 599.245, the State Department
of Agriculture shall:
(a)
Give reasonable notice to persons to file claims with the department.
(b)
Fix a reasonable time within which such filing shall be done.
(c)
Investigate each claim so filed and reasonably verify the circumstances under
which the claims accrued and the good faith of the claimants.
(2)
With the approval of the claimants who filed claims, the department may settle
such claims with the surety, without filing legal action. Such settlement
unless appealed to the circuit court within 30 days as provided by law, is
final between the surety and all claimants covered by the bond.
(3)
If any claimant, or the surety, does not agree with the findings of the
department, the department shall file a declaratory judgment action without
right to jury trial in the circuit court in the name of the State of Oregon for
the benefit of the claimants as authorized by ORS chapter 28. Unless appealed
as prescribed by law, the order of the court shall be final between the surety
and all claimants covered by the bond. [1961 c.283 §3; 1979 c.284 §178]
599.255 Suspension or revocation or
refusal to issue or renew licenses. The State
Department of Agriculture may revoke or suspend, or refuse to issue or renew
the license of any person who does not or has not complied with the provisions
of this chapter or the regulations promulgated thereunder. [1953 c.677 §18;
1961 c.425 §8; 1971 c.578 §13]
599.260
[Repealed by 1953 c.677 §22]
599.265 Market zone; livestock entering
market zone to be sold through auction facilities.
(1) All property owned or controlled by a person licensed to operate a
livestock auction market which is contiguous to, and used in conjunction with
the operation of, the market shall be the market zone of such market.
(2)
All livestock entering the market zone must be handled and sold through the
facilities of the market and must comply with the provisions of this chapter
and the regulations promulgated thereunder. [1953 c.677 §7; 1971 c.578 §14]
599.269 Brand inspection required prior to
public auction of cattle; minimum fee; application of section; exemptions.
Before any livestock auction market can sell cattle 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 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. [1967 c.368 §5; 1973 c.151 §1; 1981 c.248 §16;
2007 c.229 §6]
599.270
[Repealed by 1953 c.677 §22]
599.273 Questions of livestock ownership
and possession. After livestock enter the
premises of a livestock auction market, if a question of the right of ownership
or possession arises, the livestock shall be subject to the provisions of ORS
604.056. [1967 c.368 §3; 1981 c.248 §17]
599.275 Cattle and hogs in market zone to
be kept in clean, disinfected and segregated pens.
All dairy cattle over six months of age, except steers, spayed females and
dairy cattle which by reason of age, disease or other conditions will be
purchased for slaughter purposes, and all hogs entering the market zone of a
livestock auction market shall be placed and retained, before and after sale,
in clean, disinfected and segregated pens kept solely for that purpose. [1953
c.677 §8; 1957 c.390 §14; 1969 c.33 §1]
599.280
[Repealed by 1953 c.677 §22]
599.285 Floors in pens; drainage; cleaning
pens, alleyways and equipment. All pens used
in livestock auction markets for holding dairy cattle and hogs and all alleyways
between such pens shall be floored with concrete or some other impervious
material. All such pens and alleys shall be sloped or otherwise constructed to
permit adequate drainage. Such pens and alleyways and also fences, food racks
and watering troughs shall be constructed so as to allow proper cleaning and
sanitation. All such pens, alleyways, fences, food racks and watering troughs
or other equipment shall be cleaned and disinfected after each sale or, in the
case of a continuous sale, as often as may be prescribed by the State
Department of Agriculture. [1953 c.677 §9]
599.290
[Repealed by 1953 c.677 §22]
599.295 Pens for diseased animals.
(1) The licensee shall provide separate pens of suitable size which shall be
designated as quarantine pens which shall be floored with concrete or some
other impervious material and constructed so as to allow for efficient drainage
and cleaning. These pens shall be used for all animals coming into the market
zone which are found to be infected with brucellosis or other contagious,
infectious or communicable diseases. These pens shall be used only for the
detention of diseased animals and shall be constructed and maintained in
accordance with the regulations of the State Department of Agriculture.
(2)
The fact that an animal is placed in a quarantine pen under subsection (1) of
this section does not entitle the owner to be paid indemnity for the animal;
but this subsection is not intended to affect the payment of indemnity where
the owner is entitled to indemnity payments as otherwise provided by law. [1953
c.677 §10; 1957 c.390 §3]
599.300
[Repealed by 1953 c.677 §22]
599.305 Pens and facilities for handling,
testing, treating or examining livestock. Each
licensee shall provide pens with suitable catching chutes and other facilities
for testing, treating, examining, or handling livestock in accordance with the
regulations of the State Department of Agriculture. [1953 c.677 §11; 1967 c.368
§2]
599.310
[Repealed by 1953 c.677 §22]
599.315 Regulation by department of
testing, treating and examining of livestock. The
State Department of Agriculture may require such testing, treating and
examining of livestock sold, traded, exchanged or handled at or through
livestock auction markets as in its judgment may be necessary to prevent the
spread of brucellosis, tuberculosis or paratuberculosis, hog cholera and other
infectious, contagious or communicable diseases among the livestock of this
state. [1953 c.677 §12; 1957 c.390 §4; 1959 c.63 §6]
599.320
[Repealed by 1953 c.677 §22]
599.325 [1953
c.677 §14; repealed by 1957 c.390 §23]
599.330
[Repealed by 1953 c.677 §22]
599.335 Employment of veterinarian by
licensee; authority; revocation of market operator’s license for failing to
correct insanitary conditions. (1) The
licensee shall employ a veterinarian to perform all tests and make all
examinations of animals required to be performed, carried out or made by the
provisions of this chapter or the regulations promulgated thereunder.
(2)
Every assistant state veterinarian shall have authority and responsibility for
the direction and control of the sanitary practices at such livestock auction
market. The veterinarian shall notify in writing the licensee or managing agent
of the licensee of insanitary conditions or practices. If the improper
conditions or practices are not corrected in the time specified, the State
Department of Agriculture shall take appropriate steps to revoke the market
operator’s license.
(3)
If in the event of an emergency situation any licensee is unable to procure the
services of a veterinarian under subsection (1) of this section, the licensee
may apply to the department, and the department may furnish a person the
department deems qualified to make the examinations required at a livestock auction
market. In the event the services of such qualified person are utilized, and
the person determines any animal shows any abnormality or sign of ill health,
such person at once shall contact an assistant state veterinarian or deputy
state veterinarian for further examinations. The licensee shall reimburse the
department for the actual expenses incurred by the qualified person and the
assistant state veterinarian or deputy state veterinarian for the further
examinations. All animals determined by the qualified person to require further
examinations by a veterinarian shall be detained in the pens described in ORS
599.295 until released by the assistant state veterinarian or deputy state
veterinarian.
(4)
If upon investigation the department finds that any veterinarian employed by
the licensee is not discharging duties and responsibilities in compliance with
the provisions of this chapter and the regulations promulgated thereunder, the
department may, after notice and opportunity for hearing, disqualify such
veterinarian from performing any further official functions in connection with
such market. [1953 c.677 §13; 1971 c.578 §15; 1975 c.573 §1; 1979 c.807 §1;
1983 c.101 §4]
599.340
[Repealed by 1953 c.677 §22]
599.345 Weighing by weighmasters; scale
tickets in triplicate. (1) Each licensee maintaining
and operating any weighing facilities for the weighing of livestock at the
livestock auction market operated by the licensee shall provide for the
weighing to be done by a weighmaster.
(2)
Scale tickets shall be executed in triplicate for all livestock weighed at the
auction market and a copy of such ticket shall be issued to the buyer and
seller of the livestock weighed. [1953 c.677 §15; 1983 c.740 §229]
599.350
[Repealed by 1953 c.677 §22]
599.355 Records to be kept by licensee.
The licensee shall keep on file an accurate record of:
(1)
The date on which each consignment of animals was received and sold.
(2)
The name and address of the buyer and seller of such animals.
(3)
The number and species of the animals received and sold.
(4)
The marks and brands on each such animals as furnished by an Oregon brand
inspector.
(5)
Such records containing any and all statements of warranty or representations
of title material to, or upon which, any such sale is consummated, together
with the gross selling price, commission and other proper care, handling and
sales charges on each consignment of livestock shall be available for
inspection by the State Department of Agriculture or other persons having a
legitimate interest therein. A copy thereof and the net proceeds shall be
delivered to the buyer and the seller of such livestock or the duly authorized
agent of the buyer or seller. All records of sales during the preceding 12
months shall be kept accessible during business hours for examination by the
department or other persons having a legitimate interest in them. [1953 c.677 §16]
599.360
[Repealed by 1953 c.677 §22]
599.365 [1953
c.677 §2; 1957 c.390 §15; renumbered 599.455]
599.370
[Repealed by 1953 c.677 §22]
599.375 [1953
c.677 §3; 1957 c.390 §17; renumbered 599.460]
599.380
[Repealed by 1953 c.677 §22]
599.385 Enforcement procedures.
If the operator of a livestock auction market violates any of the provisions of
this chapter, or regulations promulgated by the State Department of Agriculture
under this chapter, the department may:
(1)
Summarily quarantine the livestock or the premises, or both, as provided in ORS
596.361 to 596.402.
(2)
Apply to the circuit court of the county in which the livestock auction market
is located for a court order as provided in ORS 596.416. [1957 c.390 §13]
599.390
[Repealed by 1953 c.677 §22]
599.395 Joint federal-state administration
of chapter. (1) In the discretion of the State
Department of Agriculture, a federal department or agency may be authorized by
the State Department of Agriculture to act as its agent in carrying out all or
part of the provisions of this chapter and regulations promulgated under this
chapter without further requirement if it appears to the State Department of
Agriculture that this chapter may be more effectively administered by joint
federal and state action.
(2)
When a federal department or agency is engaged in carrying out all or part of
the provisions of this chapter and the regulations promulgated under this
chapter pursuant to subsection (1) of this section:
(a)
The authorized veterinary officers of the federal department or agency have the
same power and authority as a deputy state veterinarian.
(b)
The agents and other employees of the federal department or agency have the
same power and authority as employees of the State Department of Agriculture
engaged in a similar capacity or type of work. [1957 c.390 §22]
599.400
[Repealed by 1953 c.677 §22]
599.401 Livestock auction market license
required; moving location of market; rules. (1) No
person shall operate a livestock auction market within this state without first
having been licensed by the State Department of Agriculture as provided in this
chapter. Any license to operate a livestock auction market is personal to the
holder thereof and is not transferable.
(2)(a)
Upon prior written application approved by the department, the licensee may
move the location of the auction market facility within the boundaries of the
trade area served. Such application shall contain the information required by
ORS 599.406 (1)(a), (b), (d), (f) and (g).
(b)
The department shall notify the applicant by certified mail within 30 days of
receipt of an application submitted under paragraph (a) of this subsection
whether the application has been approved or denied. If the department shall
fail to act on the application within the 30-day period, it shall be deemed
approved. If the application is denied, the applicant may at any time
thereafter during the current licensing year or by indorsement on a renewal
application request a hearing, in which case a hearing on the application for
permission to move shall be held within 30 days thereafter pursuant to the
provisions of ORS 599.416, limited to the question of the suitability and
adequacy of the proposed new location and facilities. If a hearing is held
pursuant to this paragraph, ORS 599.421 and 599.426 shall also be applicable.
(c)
If the department finds that moving the location of the auction market facility
would result in a substantial extension of the trading area served, it shall
consider the application to be an application for a new license pursuant to ORS
599.406 and shall not consider it unless all requirements for such an
application are met. The department may by rule establish criteria for
determining whether an extension of trading area is substantial. [1971 c.578 §2]
599.405 [1957
c.390 §6; repealed by 1969 c.33 §2]
599.406 License application; rules; fee;
expiration of license; renewal. (1)
Application for a license required by ORS 599.401 (1) shall be made upon forms
furnished by the State Department of Agriculture, and shall contain:
(a)
The name and address of the applicant, the name under which the applicant will
operate, if different, the name and address of the manager, if different; and,
if other than an individual, whether a partnership, corporation or other
organization, and the names and addresses of all partners, shareholders,
officers, principals, or other persons having a proprietary or membership
interest in the applicant. The department may establish rules permitting
listing of less than all those persons in cases of applicants having multiple
ownership or membership.
(b)
The exact location and place where the applicant proposes to operate the
livestock auction market, including the legal description of the premises
proposed to be used in connection therewith.
(c)
A statement of financial condition of the applicant, and also of the partners,
guarantors, or other persons liable for the debts of the applicant, if any, as
the department may require.
(d)
Pictures and scale plans of existing facilities and, for proposed new or
remodeled facilities, plans, blueprints and specifications, and pictures of
work completed at the time of the application, together with a statement of the
expected completion date or dates of those new or remodeled facilities.
(e)
Anticipated source, type and quantity of livestock to be handled by the
applicant.
(f)
A statement setting forth the general boundaries of the trade area proposed to
be served, the services proposed to be rendered, and the benefits to be derived
by the livestock industry and public within that trade area.
(g)
Further information that the department may require or that the applicant
believes would assist the department in its consideration of the application.
(2)(a)
Except as provided in paragraph (d) of this subsection, any livestock auction
market license shall expire on the June 30 next succeeding the date of grant of
the license, provided that at any time during the quarter preceding June 30 the
department may receive, consider and grant an application for a renewal license
(including a renewal application filed concurrently with an application for a
new license) effective on July 1 and expiring on the next succeeding June 30.
(b)
Application for renewal of a license required by ORS 599.401 shall be filed
upon forms provided by the department and shall contain the information
required in subsection (1)(a), (b), (c) and (g) of this section, and if
applicant has altered or remodeled facilities of the applicant or plans to do
so, the application shall also contain the information required in subsection
(1)(d) of this section.
(c)
If an application for a renewal license has been duly filed with the
department, together with the fee required by ORS 599.235, at least 15 days
prior to the expiration date of a license required by ORS 599.401, but has not
been finally acted upon by the department, and if the license is in all other
respects valid and in force it shall remain in effect beyond its expiration
date until a renewal license is granted, or until 30 days after it has been
denied if no request for reconsideration has been made pursuant to ORS 599.426
(2), or until the date of affirmation of the denial pursuant to ORS 599.426 (3)
if a request for reconsideration has been made. Nothing in this paragraph shall
be deemed to limit the authority of the department to revoke or suspend a
license pursuant to ORS 599.255.
(d)
In its consideration of the application for a renewal license, the department
shall consider those matters set forth in ORS 599.421 (1) but only as they
relate to whether the applicant has served the trading area in as satisfactory
a manner as contemplated in the original application for license (or in as
satisfactory a manner as prior to June 29, 1971), and to the applicant’s
ability to continue satisfactory service, and shall also consider whether the
applicant has complied with the provisions of this chapter and regulations
promulgated under it.
(3)
An application required by subsection (1) or (2) of this section shall be
accompanied by the fee required by ORS 599.235. In addition, except as provided
in ORS 599.421 (2) and (3), an application required by subsection (1) of this
section shall be accompanied by an application processing fee of $1,000, to be
used by the department for expenses of reviewing and investigating the
application, holding hearings and all other required procedures relating to the
application for license. [1971 c.578 §3; 1999 c.473 §1]
599.410
[Repealed by 1953 c.677 §22]
599.411 [1971
c.578 §4; 1977 c.214 §7; repealed by 1999 c.59 §181]
599.415 [1957
c.390 §§7,8,9; repealed by 1969 c.33 §2]
599.416 Hearing on license application; notice;
record of proceedings. (1) Upon receipt of an
application for license as provided in ORS 599.406 (1) and the fees prescribed
in ORS 599.406 (3), the State Department of Agriculture shall establish a time,
date and place for a public hearing on the application. The hearing shall be
held not later than 30 days after receipt by the department of the application
for license, but may be delayed upon request by the applicant, and shall be
held in a city within the trade area proposed to be served by the applicant or,
if requested by the applicant, at the department’s location in Salem, Oregon.
(2)
The hearing provided for in subsection (1) of this section shall be held in
accordance with the provisions of ORS chapter 183 and in addition the
department shall:
(a)
Publish notice of the hearing in a newspaper of general circulation in the
trade area proposed to be served by the applicant at least 10 days prior to
such hearing.
(b)
Forward notice of the hearing to all known interested persons and to all known
incorporated livestock associations and livestock auction market associations
in Oregon.
(3)
The record of hearing shall contain proof of publication and notice required by
subsection (2) of this section. [1971 c.578 §5; 1977 c.214 §8]
599.421 Matters to be considered in
granting licenses; change of market ownership; fee exception.
(1) In its consideration of the application for license, the State Department
of Agriculture shall consider:
(a)
The ability of the applicant to qualify with the provisions of the federal
Packers and Stockyards Act of 1921, 7 U.S.C. 181 to 228, as amended, and
effective June 29, 1971.
(b)
The testimony and evidence adduced at the hearing provided for in ORS 599.416
and the data and information contained in the application required by ORS
599.406.
(c)
The nature and extent of livestock auction market services already available in
the trade area proposed to be served by the applicant, and whether the granting
of a license to the applicant would be beneficial or detrimental to the
livestock industry and economy in the trade area, or would impair the ability
of any other livestock auction market license holders to continue unimpaired
service to the trade area.
(d)
Any record or information relating to the applicant’s prior experience in the
operation of a livestock auction market and apparent ability to permanently and
continuously serve the trade area in such capacity.
(2)
An application for license at an existing licensed livestock auction market
location that is occasioned solely by a change in the form of ownership or by a
transfer of ownership, shall be made upon forms furnished by the department
which need only contain the information required in ORS 599.406 (1)(a), (b),
(c) and (g), but if applicant’s transferor has altered or remodeled the
facilities or if applicant proposes to do so, the application shall also
contain the information required in ORS 599.406 (1)(d). The application
processing fee required by ORS 599.406 (3) shall not be applicable to an
application filed pursuant to this subsection.
(3)
The application processing fee required by ORS 599.406 (3) shall not be
applicable to an application for the reissuance of a license to operate at a
livestock auction market location if the application is made within one year
after the expiration of the applicant’s license to operate at that location and
the expired license was otherwise valid at the time of expiration. [1971 c.578 §6;
1999 c.473 §2]
599.425 [1957
c.390 §§10,11; 1963 c.15 §2; repealed by 1969 c.33 §2]
599.426 Issuance or denial of license; procedure.
(1) If the State Department of Agriculture determines the application for
license should be granted it shall issue a license. Any order of the department
denying the application for license shall be in writing and forwarded to the
applicant by certified mail and shall set forth the basis for such denial.
(2)
Within 30 days of the date of any order of denial of an application the
applicant may file a request for reconsideration with the department, supported
by any additional facts, information or material which the applicant believes
may justify reconsideration of the denial.
(3)
If a request for reconsideration is filed with the department as provided in
subsection (2) of this section, the department shall reconsider the denial and
may grant the application, modify or affirm the order of denial, or may order a
rehearing. Notice of such departmental action shall be rendered to the
applicant within 30 days of receipt of such additional facts, information or data.
[1971 c.578 §7]
599.430 [1957
c.390 §12; 1967 c.637 §18; repealed by 1969 c.33 §2]
599.431 Renewal of license; when hearing
is required. An application for renewal of a license
may be granted by the State Department of Agriculture without a hearing. If in
the judgment of the department it would be in the public interest to hold a
hearing to determine whether a renewal license should be granted, or upon
written request by a member of the board, or if in the judgment of the
department the renewal license should not be granted, a hearing shall be held
pursuant to ORS 599.416, and in that case the provisions of ORS 599.421 and
599.426 shall also be applicable. [1971 c.578 §8]
599.440 [1977
c.214 §2; repealed by 1993 c.742 §57]
599.445 [1977
c.214 §3; repealed by 1993 c.742 §57]
599.450 [1977
c.214 §4; repealed by 1993 c.742 §57]
599.455
[Formerly 599.365; 1967 c.208 §5; 1971 c.578 §16; repealed by 1977 c.214 §10]
599.460
[Formerly 599.375; repealed by 1977 c.214 §10]
599.465 [1977
c.214 §5; repealed by 1993 c.742 §57]
599.470 [1977
c.214 §6; repealed by 1993 c.742 §57]
STOCKYARDS
599.485 Definition for ORS 599.490 and
599.495. As used in ORS 599.490 and 599.495, “stockyards”
means any place, establishment or facility commonly known as stockyards,
conducted or operated for compensation or profit as a public market, consisting
of pens, or other enclosures, and their appurtenances, in which live livestock
are received, held or kept for sale or shipment. [1957 c.390 §19]
599.490 Department may impose stockyard
requirements to prevent spread of disease. In
order to carry out the provisions of ORS 596.020, the State Department of
Agriculture may require such testing, treating and examining of livestock sold,
traded, exchanged or handled at or through any stockyard as in its judgment may
be necessary to prevent the spread of brucellosis, tuberculosis or
paratuberculosis, hog cholera and other infectious, contagious or communicable
diseases among the livestock of this state. [1957 c.390 §20; 1959 c.63 §7]
599.495 Cooperative agreements with
federal government under which state department carries out federal programs in
livestock auction markets and stockyards. (1)
The State Department of Agriculture may enter into cooperative agreements or
contracts with any agency or department of the federal government whereby the
State Department of Agriculture may:
(a)
Assume authority and administrative responsibility over the operations of
livestock auction markets or stockyards, including but not limited to federal
posted yards which are under the authority and responsibility of the federal
government.
(b)
Assume and carry out the program, procedures, services and work being done or
to be done by the federal agency or federal department in Oregon to eradicate
and to prevent the spread of brucellosis, tuberculosis, paratuberculosis or
other infectious, contagious, communicable or dangerous diseases in livestock
auction markets or stockyards or the animals handled by such markets or yards.
(2)
The State Department of Agriculture may contract with or enter into agreements
with the agencies or departments of the federal government referred to in
subsection (1) of this section to receive funds which shall be deposited with
the State Treasurer to be paid out and used by the State Department of
Agriculture in carrying out the provisions of any Oregon law and of the Act of
Congress under which the money is paid in accordance with the terms of the
contract or agreement. Such funds are continuously appropriated for the purpose
of carrying out this chapter in accordance with the terms of the contract or
agreement. [1957 c.390 §21; 1967 c.637 §19]
MISCELLANEOUS PROVISIONS RELATING TO
AUCTIONS
599.510 Prevention of competitive bidding
prohibited. No person shall 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, cattle,
sheep, swine or other livestock shipped to a wholesale or central stockyards
market for sale.
599.520 By-bids and fraudulent bids made
to deceive bidders; minimum or reserve bids. (1) No
person shall make any by-bids or other false or fraudulent bids designed to
stimulate bona fide bidding at any auction sale of livestock.
(2)
No person shall conspire with any other person for the purpose of making such a
bid or make any false statement relative to any such livestock being sold, with
intent to deceive any bidder or with intent to influence any bid therefor. Any
false statement relative to such livestock, made by the owner thereof or the
agent of the owner, shall prima facie be presumed to have been made with intent
to deceive any such bidder.
(3)
However, this section does not prohibit the owner or consignor of livestock
offered at public auction from announcing a minimum or reserve bid, which shall
either be noted in the catalog of such auction or announced by the auctioneer.
599.530 Prohibited practices in sales of
purebreds. No person shall include in any public
auction or sale of purebred livestock any animal which is not offered for bona
fide sale, or which is placed in the sale for the purpose, or with the intent,
of creating, or attempting to create, any fictitious value for any other animal
offered at such sale by by-bidding, offering fictitious bids, making fictitious
sales or otherwise.
599.540 Withdrawal of purebred livestock
from sale. (1) In cases where there is an animal
listed in the printed catalog or other advertisements of any auction sale of
purebred livestock and is withdrawn prior to the sale, the reason for such
withdrawal shall be publicly stated by the owner or consignor or the agents of
the owner or consignor, or by the auctioneer, prior to the commencement of such
sale.
(2)
As used in ORS 599.530 and this section, the term “purebred livestock” includes
all animals registered or eligible to registration in the various breed
associations organized and maintained for the registration of cattle, horses,
swine, sheep or goats, and having jurisdiction over the registration of such
animals in the United States.
599.550 Milking dairy cows prior to sale.
No person shall sell or offer for sale for dairy purposes at public auction,
any cows giving milk and intended to be used for dairy purposes, that have not
been milked out entirely dry within not more than 12 hours preceding the
opening of the sale at which such cows are offered for sale or sold.
599.560 Affidavits as to time of milking.
Any person selling or offering for sale any cows in milk at public auction,
intended to be used for dairy purposes, shall file with the auctioneer of the
sale the affidavits of two freeholders to the effect that they have knowledge
that such cows have been milked entirely dry within the time specified by ORS
599.550.
TEMPORARY HORSE SALE LICENSES
599.610 License requirements; fee;
exemptions. (1) Notwithstanding other laws to the
contrary, any person desiring to conduct a temporary horse sale to which the
public may consign horses for sale by auction open to public bidding and where
such sale shall not exceed one calendar day may make application to the State
Department of Agriculture for a temporary horse sale license.
(2)
A temporary horse sale license shall be issued when the department finds:
(a)
That an application as approved by the department has been received.
(b)
That the applicant has filed with the department a bond as required by ORS
599.245, an irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008 or a cash deposit with the department in lieu thereof,
except that such bond, letter of credit or deposit may be limited to the period
of operation of the temporary horse sale as approved by the department, and
except that the bond, letter of credit or deposit shall be at least $25,000.
(c)
That a license fee of $25 has been paid.
(d)
That the requirements of ORS 599.610 to 599.640 and the rules promulgated
thereunder are complied with.
(3)
A separate application, license fee and adequate bond, letter of credit or
deposit as required by subsection (2) of this section, is necessary for each
day upon which horses are sold.
(4)
A license shall not be required for the sale of horses by nonprofit breed or
livestock associations or clubs, 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 horses of such person’s ownership are
sold on premises of the person or by a person licensed pursuant to the
provisions of ORS 599.235 and 599.401. [1959 c.63 §2; 1971 c.578 §17; 1981
c.248 §18; 1991 c.331 §91; 1997 c.631 §504]
599.620 Enforcement and regulations.
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. [1959 c.63 §3]
599.630 Revocation, suspension or refusal
to issue license. The State Department of
Agriculture may revoke or suspend or refuse to issue the temporary horse sale
license of any person who does not or has not complied with the provisions of
ORS 599.610, 599.620 and 599.640 or regulations promulgated thereunder. [1959
c.63 §4]
599.640 Compliance with ORS 599.610 and
599.620 required. No person shall violate the
provisions of ORS 599.610 and 599.620 or the regulations promulgated
thereunder. No person other than a licensee of a livestock auction market or
stockyard as provided by ORS 599.235 and 599.401 shall operate an
establishment, place of business, or conduct a sale to which the public may
consign or permit horses to be sold by auction open to public bidding, without
first obtaining a temporary horse sale license as authorized by ORS 599.610. [1959
c.63 §5; 1971 c.578 §18]
599.700 [1987 c.239 §2; repealed by
1991 c.376 §1]
599.710 [1987 c.239 §3; repealed by
1991 c.376 §1]
599.720 [1987 c.239 §4; repealed by
1991 c.376 §1]
599.730 [1987 c.239 §5; 1989 c.171 §73;
repealed by 1991 c.376 §1]
599.740 [1987 c.239 §6; repealed by
1991 c.376 §1]
PENALTIES
599.990
[Amended by 1953 c.677 §22; subsection (2) enacted as 1953 c.677 §§19, 20; 1955
c.542 §2; subsection (6) of 1959 Replacement Part enacted as 1959 c.63 §8; 1961
c.283 §4; repealed by 1971 c.578 §20]
599.991 Penalties.
Violation of any of the provisions of this chapter is a misdemeanor. [1971
c.578 §21]
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