561.510. Quarantines; establishment by Director of Agriculture.
Whenever, in the opinion of the director any animals, fowls, bees, fruits, vegetables, plants, parts of plants or seeds within any area or section are diseased or infected with any infestation, or any area or section is infested with any kind of weed, which disease, infestation or weed is liable to spread and become detrimental to the plant or animal life of this state or is liable to injuriously affect the health of citizens of the state, with reference to any of which the Secretary of Agriculture of the United States has not determined that a quarantine is necessary and established a quarantine, the director is authorized, with the consent of the Governor, to declare a quarantine against the movement of any such animals, fowls, bees, fruits, vegetables, plants, parts of plants or seeds, or against the movement of any articles which may contain such weeds or the seeds thereof, or which may be liable to spread such disease or infestation into the state, if such area or section be outside the boundaries of this state, or against the movement from such area or section of such animals, bees, fowls, fruits, vegetables, plants, parts of plants or seeds, or against the movement within the state of articles liable to spread such weeds or weed seeds, or which may be liable to spread such disease or infestation, if such area or section is within the state.
561.520. Quarantine areas; notice, hearing and orders.
(1) Before the director declares a quarantine relating to any area or section within the state, the director shall, if the quarantine involves the control, eradication or destruction of any disease, infestation or weeds within such area, file a copy of the proposed order of quarantine and a copy of any rules and regulations in connection with such quarantine in the office of the county clerk of the county in which such area is situated, or a copy thereof in the office of the county clerk of each of the several counties included in such area or within which a part of such area is located, and shall publish such order as provided by ORS 561.585 in a newspaper of general circulation in the area sought to be quarantined. The director, in the publication, shall give notice that a hearing will be held by the department of agriculture for the consideration of remonstrances against the proposed quarantine:
(a) At the courthouse in the county seat in the county in which the area is proposed to be created; or
(b) At a courthouse in one of the counties in each congressional district in which the area is proposed to be created, if such area includes more than one county in such congressional district.
No time of hearing shall be less than 15 nor more than 30 days from the date of publication of the notice.
(2) If no remonstrances are presented at such hearing or hearings, or if the remonstrances presented are deemed by the director to be without merit or insufficient, the director shall make the order of quarantine as proposed; but if the director is of the opinion that any change or changes in the proposed quarantine order, or in the rules and regulations in connection therewith, should be made, the director may, in the discretion of the director, alter, amend or revoke the proposed order of quarantine or any such rule or regulation.
(3) Such order of quarantine shall be filed and published as authorized by ORS 561.585. Proof of publication of the notice of hearing or hearings shall be filed with the county clerk of each county within which the quarantine area or a part thereof is situated.
(4) Orders relating to the quarantine of areas located outside of Oregon or of the movement of animals, fowls, bees, fruits, vegetables, plants, parts of plants or seeds, or of the movement of any article which may contain such weeds or seeds or other materials which may be liable to spread disease or infestation into Oregon, as provided by ORS 561.510 or 561.560, shall not be promulgated until at least one public hearing has been held within the state. If an emergency exists and postponement of the effective date would result in serious prejudice to the public interest, or the interest, health or economy of the parties directly or indirectly affected thereby, the quarantine may be made effective immediately as authorized by ORS 183.355 (2)(b).
561.530. Quarantine order; filing, posting and publication.
(1) Whenever a quarantine of any kind or nature is declared pursuant to any law with the administration of which law the department is charged, such quarantine shall be declared by written order signed by the director and containing the approval of the Governor over the Governor's signature. The order shall be filed in the department.
(2) If the quarantine is on area or areas within this state, two copies thereof certified by the director, together with two copies of the rules and regulations governing such quarantine, shall be delivered to the county clerk of each county included in or within which any quarantined area or part thereof is situated.
(3) It shall be the duty of the county clerk immediately to post one each of such copies in a conspicuous place in the county courthouse and to file one each of such copies in the county records. Any such order of quarantine shall give notice of the date that such quarantine takes effect, which shall be not less than 10 nor more than 30 days from the date of the first publication thereof.
(4) The order of quarantine, together with any rules and regulations governing the same, shall be published at least once in some publication of general circulation throughout the state.
561.540. Rules and regulations governing quarantines, the movement of articles subject to quarantine and the eradication of disease, infestation or weeds.
(1) A quarantine authorized by ORS 561.510 shall be subject to such rules and regulations as the director deems necessary for the protection of the public welfare.
(2) The movement of any animals, bees, fruits, vegetables, plants, parts of plants, fowls, seeds or articles liable to contain weeds or weed seeds or to spread disease or infestation, which are subject to quarantine, may be permitted subject to such regulations as the director may prescribe.
(3) Any such diseased or infested animals, fowls, bees, fruits, vegetables, plants, parts of plants, seeds, weeds, weed seeds and any articles, structures or lands within any quarantine area or section within this state shall be subject to such regulations for the eradication of such disease, infestation or weeds as the director may prescribe.
561.550. Removal of quarantine.
(1) When in the opinion of the director any quarantine authorized by ORS 561.510 is no longer necessary to protect the public welfare of the state, the director may by written order, approved in writing by the Governor, declare such quarantine removed.
(2) Whenever a quarantine of any kind or nature, declared pursuant to any law with the administration of which the department is charged, is removed, the fact of its removal shall be published and filed in the same manner as the order declaring the quarantine.
561.560. Emergency quarantine; publication of notice; powers of Governor; duration.
(1) Notwithstanding ORS 183.310 to 183.550, whenever the director determines the fact that a dangerous plant, animal, fowl or bee disease or insect infestation new to, or not theretofore widely prevalent or distributed within and throughout the state, exists in any state, territory, country or locality outside of this state, or in any locality within this state, which disease or infestation is of such nature that it will be impossible to follow the procedure provided for in ORS 561.510 to 561.530 without serious danger of the wide spread within the state of such disease or infestation during the time required by such procedure, the director is authorized and directed to declare, by written order, a quarantine against the movement into or within the state from such state, territory, country or locality, of any plants, animals, fowls, bees or articles which are liable to spread such disease or infestation. A written order may be amended as the director determines is necessary. A written order and any subsequent amendments thereto shall be signed by the director.
(2) The director shall file all quarantine orders and any amendments thereto with the Secretary of State and shall publish a notice of such quarantine and of any amendments to a quarantine order in a newspaper of general circulation throughout the state. The director shall take such other action as the director considers reasonable to insure that persons affected by a quarantine have knowledge thereof. From and after the filing of a quarantine order, or amendment thereto, with the Secretary of State it shall be unlawful for any person, firm or corporation to carry, move or transport any plants, animals, fowls, bees or articles specified in a quarantine order, or amendment thereto, from the quarantined area into or through any part of the state, except as provided in the order, or amendment thereto. Proofs of the publication of the notices provided for in this section shall be filed in the office of the department.
(3) No such emergency quarantine, as provided for in this section, shall be effective for more than 90 days after the date of the first publication of notice thereof. However, a quarantine for a longer period may be declared under the provisions of ORS 561.510 to 561.550, to take effect at or before the expiration of such 90-day period.
(4) The Governor by filing an order with the Secretary of State may terminate such department order. Thereafter and relating only to that particular subject matter and emergency, the department shall be required to obtain the approval of the Governor before any additional quarantine or amendments thereto are issued under this statute.
561.580. Cooperation with United States and other states with respect to quarantines.
(1) In order to prevent unnecessary and conflicting regulations on commerce, the department shall cooperate with the United States and other states in establishing a uniform system of quarantine and laws and rules and regulations governing quarantines, both as to animals, fowls, plants, weeds, insects and seeds, subject to quarantine, manner of enforcing quarantine and manner of treating diseased or infested animals, fowls, plants, seeds and articles containing weeds and weed seeds.
(2) The director shall suggest to the Governor, from time to time, any changes in the laws of this state or any additional laws which will tend to unify the quarantine laws of the United States and this and other states of the United States.
(3) Whenever the director deems it to be of advantage toward carrying out the purpose of this section, the director may forward to the United States Department of Agriculture copies of proposed rules and regulations to govern quarantines in this state and request suggestions from the United States Department of Agriculture tending toward uniform provisions governing quarantines throughout the several states.
561.585. Summary, rather than text, of quarantine order or regulations may be published.
When the department is required to publish an order of quarantine or rules or regulations promulgated thereunder in a newspaper, it may in its discretion publish only a brief concise summary statement of the contents of such order or regulations and notice that complete copies thereof are on file and can be obtained from the department, certain county clerks and the Secretary of State.
561.590. Violation of quarantine prohibited.
From and after the time that any quarantine order of the director becomes effective it shall be unlawful for any person, firm or corporation to violate, either in whole or in part, any of the provisions of such order, or of any rule or regulation promulgated in connection therewith.
596.311. Examination, testing or treatment of livestock at owner's request before
shipment; issuance of health certificates; collection and disposition of fees.
(1) Deputy state veterinarians may:
(a) Examine, test or treat livestock for intrastate or interstate shipment, when requested so to do by the owner or shipper for a fee payable to the veterinarian by the person requesting the examination, testing or treatment.
(b) Issue official health certificates on forms and subject to the rules and regulations of the department with reference thereto.
(2) If a deputy state veterinarian is not available for the purpose of subsection (1) of this section, assistant state veterinarians may examine, test or treat livestock at the request of the owner or shipper. The department shall be paid a reasonable fee to compensate it for all costs incurred in furnishing this service.
(3) The department shall prepare and cause to have printed health certificate forms or blanks which shall be distributed without charge to deputy state veterinarians.
(4) All moneys received by the department under this section shall be deposited in the State Treasury and credited to the Department of Agriculture Service Fund, and such funds are appropriated continuously to the department for administering and enforcing the provisions of this chapter.
596.321. Required reporting of listed livestock diseases; manner of brucellosis vaccinations.
(1) The State Department of Agriculture shall enact rules and regulations:
(a) Containing a list of livestock diseases that must be reported to the department by any person practicing veterinary medicine in this state.
(b) Concerning the time and manner of reporting livestock diseases and any other information considered reasonably necessary by the department.
(c) Regarding the time and manner of vaccinating female cattle against brucellosis.
(2) Any person practicing veterinary medicine in this state, having knowledge of the existence of any livestock disease listed pursuant to subsection (1) of this section, shall immediately report the disease to the department in the manner provided by rule or regulation.
(3) For the purposes of ORS 596.331 (3), the department may inspect and determine what is a "normal and usual feeding facility. "
596.331. Prohibition against disposing of diseased livestock, parts of quarantined livestock or unvaccinated female bovine; exceptions.
(1) A person may not sell, offer to sell or dispose of any livestock that the person knows to be exposed to, a carrier of or infected with any disease required to be reported under ORS 596.321, except:
(a) To a slaughterer or to a rendering plant; or
(b) Pursuant to, and as authorized by, a quarantine order.
(2) A person may not sell, offer to sell or dispose of the meat, milk or other parts of any livestock, quarantined by the State Department of Agriculture, for food or other purposes, except as authorized by the quarantine order.
(3) A person may not sell or offer for sale, for any purpose other than slaughter or to a feedlot or other normal and usual feeding facility for slaughter within 12 months of sale, any female cattle of a beef breed that have not been vaccinated against brucellosis as evidenced by an official vaccination tattoo in the right ear of each animal.
(4) A person may not sell or offer for sale for any purpose other than slaughter, any female cattle of a dairy breed that have
not been vaccinated against brucellosis as evidenced by an official vaccination tattoo in the right ear of each animal.
596.341. Examination, testing or treatment of livestock before entry into state; permit requirements; conditions and exemptions.
(1) In addition to the permit required by subsection (2) of this section, the State Department of Agriculture may cause livestock to be tested, treated or examined as a condition of entry into this state and may, as evidence of that test, treatment or examination, require the presentation of a certificate of an official of the state of origin designated by the department or of a veterinary inspector of the federal government.
(2) The department shall require a written permit authorizing entry into this state of any livestock or other animals subject to the disease control law and not exempt under subsection (3) of this section. The permit shall be issued upon condition that:
(a) The consignee, owner or purchaser hold the imported livestock upon the arrival of the livestock in this state subject to direction of the department pending completion of the testing, treatment or examination of the livestock;
(b) The livestock be disposed of in accordance with the laws of this state and the rules of the department, if the livestock is found to be infected with, exposed to, or a carrier of, a disease;
(c) The consignee, owner or purchaser complies with the rules promulgated by the department to enforce the intent of this chapter; and
(d) If the imported livestock are female cattle that are being imported for any purpose other than slaughter or to a registered dry feedlot, the animals have been vaccinated against brucellosis as evidenced by an official vaccination tattoo in the right ear of each animal.
(3) The department may exempt the following classes of livestock or other animals subject to the disease control law from the requirements of this section:
(a) Livestock that is consigned to and will be slaughtered by a licensed slaughterer within eight days after entry into this state.
(b) Livestock in uninterrupted transit through the state, provided that stops may be made for feed, water and rest.
(c) Except for the requirements of subsection (2)(d) of this section, livestock consigned to an Oregon auction market licensed under ORS chapter 599 where approved veterinary inspection is in force.
(d) Brucellosis nonvaccinated female cattle of proven genetic advantage for purposes of preserving or developing breeding improvements. Those cattle may be admitted on a case by case basis with specific approval of, and under conditions deemed appropriate by, the State Veterinarian. Breed registration papers or other documentation of improved genetics may be required for the approval. The cattle shall be exempt from ORS 596.331 (3) and (4) and 596.460 (2) and (3) and subsection (2)(d) of this section.
(e) Dogs, cats or small caged birds traveling in a family vehicle as part of that social entity.
(f) Any animals that the department determines do not pose a disease threat.
(4) As used in subsection (2)(d) of this section, "registered dry feedlot" means a cattle feeding operation that is approved and registered by the department and that has facilities surrounded by permanent fencing wherein all feed and water are artificially supplied.
596.346. Permit requirements and application form; material to be submitted with application.
Application for permits shall be made to the department on forms prescribed by the department. Should there be insufficient time to use United States mail, permits may be applied for by telegram or by telephone. No livestock shall be transported into this state without a permit having been issued by the department. At the time of application for a permit, the department may require a health certificate, or other transportation document, which shall have the permit numbers entered thereon prior to shipment of the livestock into this state.
596.351. Prohibited acts relating to livestock importation.
No person shall:
(1) Knowingly import or cause to be imported into this state any livestock exposed to, infected with or a carrier of disease.
(2) Bring any livestock into this state unless the bill of lading, health certificate or other document of shipment is accompanied by the permit required under ORS 596.341 or permit number entered thereon.
(3) Fail to test, treat, examine or otherwise comply with the conditions of a permit under ORS 596.341.
(4) Import or bring into this state any female cattle unless the animals have been vaccinated as required by ORS 596.341 (2)(d).
596.355. Prohibition against importation of livestock from quarantined area.
No person shall import into this state any livestock from an area of any other state, territory or country which has been placed under quarantine by the United States Department of Agriculture or by the state, territory or country of origin in violation of the rules of the United States Department of Agriculture or of the state, territory or country of origin.
596.361. Summary quarantine of livestock imported in violation of ORS 596.351; disposal of diseased livestock.
(1) The department may summarily quarantine any livestock imported into this state in violation of ORS 596.351 or any rules of the department under that section. The department may require as a condition preceding the release of livestock from quarantine, that the livestock be tested, treated or examined in accordance with the rules of the department.
(2) Imported livestock which is exposed to, infected with or a carrier of disease shall be disposed of as provided by law.
596.371. Treatment of diseased livestock by owner; notice; treatment by department; lien for treatment.
(1) Whenever the owner or person having control of livestock receives notice from the State Department of Agriculture that the livestock must be treated for disease, the owner or person having control shall, within the time prescribed in the notice, cause the livestock to be treated in the manner prescribed by the department.
(2) If any person fails to comply with the notice, the department may cause the livestock to be treated and, where necessary to carry out the treatment, cause its removal to a more convenient location.
(3) No person shall fail to treat livestock owned or controlled by the person in the manner prescribed by rule of the department.
(4) The department shall have a lien on any livestock treated under this section for the value of the labor, materials, medicines or services furnished in connection with the treatment. The lien shall be perfected and enforced as provided in ORS 87.216 to 87.346, except that:
(a) The department shall file a written notice of claim of lien as provided in ORS 87.242 with the Secretary of State within 30 days from the date of furnishing the labor, materials, medicines or services. The Secretary of State shall include a notice of claim of lien that is filed with the secretary under this subsection in the index maintained by the secretary for filing financing statements pursuant to ORS chapter 79.
(b) The lien created by this subsection shall have priority over all other liens upon such livestock, except tax liens.
(5) The department shall not charge as an item of expense in connection with such treatment for any services rendered by an assistant state veterinarian or the State Veterinarian relative thereto, nor shall the department have a lien for such services upon any livestock as provided in this section.
596.388. Department to investigate cases of disease; authority of agents to enter premises.
The department shall, when necessary to control or eradicate disease, investigate all cases or suspected cases of disease in livestock in this state. Employees or agents of the department in carrying out their official duties may enter any place or premises, including vehicles, to make such inspections or investigation as may be reasonably necessary to eradicate and control disease in this state.
596.392. Authority of department relating to disease control.
The department may order and compel:
(1) The destruction or treatment of any livestock that may be infected with, exposed to or may be a carrier of a disease.
(2) The destruction of feed, bedding and watering and feeding troughs or receptacles, feed racks, bins, sheds or any similar property which is or may have been contaminated with a disease and may be capable of causing the transmission of the disease to other livestock, if such property cannot be disinfected or otherwise treated to adequately and effectively destroy the causative disease agent.
(3) The disposal of the carcasses of livestock which have been ordered destroyed by the department in a manner which will effectively prevent the further spread of a disease.
(4) The summary quarantine of any livestock which may be infected with, exposed to or the carrier of a disease and may subject such livestock to any test, treatment or other action as the department orders as a condition for release from quarantine.
(5) The summary quarantine of any premises or vehicles where any livestock infected with, exposed to or a carrier of a disease are or have been confined.
(6) The thorough cleaning and disinfecting of all premises or property that may be contaminated with a disease and which may be capable of causing its transmission to other livestock. The department shall prescribe the method and procedures by which such cleaning and disinfecting shall be accomplished.
596.393. Burning or burial of carcasses to control disease.
(1) An authorized representative of the State Department of Agriculture may cause the burning or burial of carcasses of animals that have died or been destroyed because of an animal disease emergency. The burning or burial shall take place at the location where the death or destruction occurred or at a site approved by the State Veterinarian. The carcasses, including those that are burned, shall be disposed of as described under ORS 601.090 (7).
(2) The department shall notify state health and environmental agencies of an intended action under subsection (1) of this section.
(3) As used in this section, "animal disease emergency" means the occurrence of a disease that the department determines has potentially serious economic implications for the livestock industries of this state.
596.394. Summary quarantine of livestock and contaminated property imported into state from quarantined area; release thereof.
(1) The department may order summary quarantine of any livestock and any property contaminated with disease or capable of transmitting the disease to other livestock or humans which have been imported into this state from any area under quarantine by the United States Department of Agriculture or by the state or territory of origin, if such livestock or property was removed from such area in violation of the rules of the United States Department of Agriculture or of the state or territory of origin.
(2) The department shall impose such conditions for release of quarantined livestock or property, not inconsistent with the rules of the United States Department of Agriculture, as are necessary to prevent the entry and spread of disease in this state.
(3) The department may also release quarantined livestock and property which were imported to the custody of the United States Department of Agriculture.
596.396. Length of quarantine; payment of expense of cleaning and disinfecting.
(1) Any quarantine imposed by the department pursuant to ORS 596.392, 596.394, 596.402 or 596.404 shall be for such period of time as will reasonably insure that the quarantined livestock, property, premises or place are no longer capable of transmitting or causing the transmission of the disease.
(2) All expenses of cleaning, treatment and disinfecting required by the department pursuant to ORS 596.371, 596.392, 596.394 and 596.404 shall be paid by the owner or person in possession of the livestock, property or premises.
596.402. Authority to summarily quarantine areas.
(1) The department may also summarily quarantine any legally described area of this state and prohibit or otherwise restrict any movement of livestock, vehicles, persons or things into or out of such area as the department deems necessary for the eradication or control of a disease in the area, or for the prevention of the spread of such disease into other areas of this state.
(2) When the department imposes a quarantine under this section, it shall forthwith but not later than seven days thereafter give notice of the quarantine in a newspaper of general circulation in the quarantined area. A copy of the order of quarantine and any regulations relating thereto shall be filed in the office of the county clerk in each county in which quarantined property is located. The published notice of quarantine shall contain a description of the boundaries of the quarantined area and a notice that copies of the regulations applicable to the quarantine are filed with the county clerk or may be obtained from the department.
(3) The provisions of ORS 561.510 to 561.560 shall not apply to quarantines imposed under this section.
596.404. Department may seize part or product of slaughtered diseased livestock; release thereof.
The department may seize meat, hides, offal or any other part or product of livestock slaughtered anywhere which is infected with, exposed to, or a carrier of, disease and impose any conditions upon release from seizure reasonably necessary to prevent the entry or spread of disease in this state.
596.406. Department to prescribe methods of destruction of property; indemnity.
When any real or personal property is ordered destroyed, the department shall prescribe the methods and procedures by which the destruction shall be effectuated and shall supervise any destruction so ordered. Indemnity shall be paid to the owner of such property as otherwise provided by law. However, no indemnity will be paid if the livestock that created the condition requiring the property destruction were imported into this state without a permit.
596.412. Factors to be considered by department in exercise of disease control powers.
When exercising the powers conferred by ORS 596.388 to 596.412, the department shall give appropriate weight and consideration to the following:
(1) The previous existence of the disease in this state.
(2) The action taken by the United States Government in respect to the eradication and control of such disease.
(3) The economic consequences to the citizens of this state which might result from the spread of the disease.
(4) The extent to which the disease is endemic or epidemic through neighboring states, the United States and this state.
(5) The extent to which livestock other than those which are infected or carriers of the disease may be adversely affected by it.
(6) Any other factors which may reasonably be found to affect the welfare of the
livestock industry specifically or the people of the State of Oregon generally if such
disease is not eradicated or controlled.
596.416. Application to court to compel owner or person in charge of property to cooperate.
(1) In the event the department or any of its employees or agents meet with any resistance or lack of cooperation by the owner or person in charge of any livestock or property in the performance of their duties, the department may apply to the circuit court of the county in which such livestock or property is located or, if livestock or property is located in two or more counties, in the circuit court of any of those counties, for an order requiring such owner or person to cease and desist such resistance or otherwise comply with the orders of the department.
(2) The order of the court shall be based upon a duly verified petition filed by the department setting forth the facts relative to such resistance or lack of cooperation. A copy of the petition may be served either by registered mail or by certified mail with return receipt upon the owner or person in charge of the livestock or in the manner provided for service of summons in civil actions. Such owner or person in charge shall appear and answer the allegations of the petition within 10 days from the date the petition was served.
(3) If the owner or person in charge of any livestock or property fails to appear or the court either with or without such appearance finds the allegations of the petition are true and the action by the department necessary for the eradication and control of diseases of livestock in this state, the court shall enter its order requiring the owner or person in charge to cease and desist from such resistance or to comply with the lawful orders of the department, as the case may be. However, the court may enter its order without a hearing, if it satisfactorily appears to the court that a delay in answering would jeopardize disease eradication and control. A request by the department for a summary order by the court relative to any lack of cooperation or resistance by the owner or person in charge shall be supported by an affidavit showing the necessity for summary action.
(4) The sheriff of the county in which such livestock or property is located shall execute such order by serving upon the owners or person in charge of such livestock or property a copy thereof duly certified to by the clerk of the circuit court, and by enforcing the provisions thereof.
596.460. Duty to separate and confine diseased animals; vaccination; evidence of vaccination.
(1) A person owning, possessing or controlling any livestock affected by any disease may not fail to keep the livestock within an enclosure, or herd them in some place where they are secure from contact with other livestock not so affected or permit the affected livestock to range where they will be likely to come in contact with other livestock not so affected.
(2) A person may not maintain or control female cattle of a beef breed for breeding purposes unless the animals have been vaccinated against brucellosis as evidenced by an official vaccination tattoo in the right ear of each animal.
(3) A person may not maintain or control female cattle of a dairy breed for breeding or dairy purposes unless the animals have been vaccinated against brucellosis as evidenced by an official vaccination tattoo in the right ear of each animal.
596.470. Health certificates for disease-free animals.
Whenever any official examination is made by any person authorized so to do by the department, of any livestock and such livestock is found free from contagious, infectious and communicable disease, the person making such examination shall make and deliver to the owner or person in possession of such livestock, a certificate to that effect, under such rules and regulations and in such form as the department may prescribe. Whenever an examination or test is made as to any particular disease and the livestock is found free therefrom, a certificate of that fact shall be given to the owner.
596.615. "Livestock" defined.
As used in ORS 596.615 to 596.681, "livestock" means animals raised for the production of food for human consumption and those animals carrying diseases that threaten animals raised for the production of food for human consumption.
596.620. Indemnification of owners of livestock or property slaughtered or destroyed by order of department.
The owner of any livestock or property which is slaughtered or otherwise destroyed at the order of the department in the performance of its duty to eradicate and control the contagious and communicable diseases of livestock in this state is entitled to indemnity as provided in ORS 596.640 to 596.681.
596.625. Approval of indemnification required.
No application, contract or agreement for the payment of indemnity under ORS 596.615 to 596.681 is enforceable unless approved and signed by the Director of Agriculture.
596.640. Livestock and property not eligible for indemnity.
(1) The owner of livestock or property destroyed at the order of the State Department of Agriculture shall not be paid indemnity by the State of Oregon for:
(a) Livestock or property owned by the federal government or the State of Oregon, or any governmental subdivision, agency or instrumentality of those governments.
(b) Livestock or property if the owner thereof has failed to comply with any of the provisions of ORS 596.075, 596.331, 596.351, 596.355, 596.371 or 596.460 or with any rules promulgated under ORS 596.321 or has acted in contravention to department authority under ORS 596.311, 596.341, 596.361, 596.388, 596.392 to 596.416 and 596.470 as to any of that livestock or property.
(c) Livestock that has been brought into this state contrary to any law of this state or rule promulgated thereunder or contrary to the conditions of any permit issued under ORS 596.341.
(d) Livestock or property that has been negligently or willfully exposed to or contaminated by a disease.
(e) Livestock that were imported from a county or defined area that is under quarantine at the order of the federal government, the State of Oregon or the state of origin, for the disease that the livestock is affected by.
(f) Livestock that were known by the owner to be affected by a disease at the time of entry into the state.
(g) Livestock that had been imported into this state within five days prior to the date that the disease condition was officially diagnosed.
(h) Livestock if there is evidence that the owner or agent of the owner has in any way been responsible for any attempt to unlawfully or improperly obtain indemnity funds for the livestock.
(i) Livestock that has been brought into this state pursuant to a permit issued under ORS 596.341 and that after entry is moved, transferred or disposed of in violation of this chapter or any rule promulgated under this chapter.
(j) Female cattle that have not been officially vaccinated for brucellosis as required by this chapter. Evidence of an official vaccination for brucellosis is a tattoo in the right ear of the animal in such a manner as the department may prescribe.
(2) Any transaction referred to in subsection (1)(c) or (i) of this section with regard to any livestock animal disqualifies the owner of that livestock from receiving indemnity for all livestock or property owned by that person for which indemnity would otherwise be payable.
596.650. Indemnity; appraisal of animal or property prior to destruction.
(1) An owner may claim indemnity on any animal or property ordered destroyed by the department. Each animal or article of property which is eligible for indemnity shall be appraised prior to its destruction. The department shall provide forms on which claims for indemnity can be made, to the owner of livestock or property ordered destroyed at the time the order of destruction is given to the owner. The claim for indemnity, order of destruction and appraisal may be included in one form at the discretion of the department. In order to qualify for indemnity, the owner shall submit a claim to the department within seven days after receiving such claim form from the department. The appraisal shall be performed by two appraisers, one of whom shall be selected by the department and one of whom shall be selected by the owner. If they cannot agree on the appraised value, a third appraiser shall be immediately appointed by the two appraisers selected by the department and the owner and the department and owner advised of the appointment. If the owner fails to select an appraiser within 10 days after the department's request therefor, the department shall appoint two appraisers to evaluate the livestock or property. The appraisers shall view each animal or article of property to be appraised and inspect documents, premises or any other items deemed necessary to perform the appraisal. Upon completion of the appraisal, the appraisers shall record the evaluations on a form supplied by the department and shall submit the completed appraisal form to the department within 10 days after completion of the appraisal. The department shall then notify the owner of the results of the appraisal.
(2) The livestock or property shall be appraised on the basis of current market value of animals or property of like kind, quality and physical condition at the time the destruction was ordered. As used in this subsection, "market value" means the average selling price of animals or property of like kind and quality in the locality where the animals or property are situated, during the 30 days immediately preceding the appraisal, and if no such average selling price can be determined in the locality, then the average selling price in the next nearest locality where it can be determined.
(3) If the livestock condemned by the department are registered and the owner claims enhanced value by such fact, a certified copy of the certificate of registry shall accompany the appraisal report.
596.660. Method of destruction used to permit salvage if possible.
When in the opinion of the department livestock or property which is condemned can be destroyed in a manner which will permit some salvage to be realized, without prejudice to adequate disease control or eradication measures or to human health and welfare, the department may authorize such methods of destruction and prescribe the conditions upon which it may be carried out. In no case shall a method of destruction be authorized merely because it permits salvage, unless it may be accomplished within seven days from the date the destruction order is delivered.
596.671. Amount of indemnity.
The indemnity shall be a sum, which added to the salvage, shall not exceed 80 percent of the appraised value of each animal or article of property.
596.681. Limit of state indemnity to livestock owner also receiving federal indemnity.
If the owner of livestock destroyed at the order of the department is eligible for indemnity payable by the Federal Government, the owner may also be indemnified by the State of Oregon. However, the State of Oregon shall only pay the difference between the maximum amounts set forth in ORS 596.671 and the amount payable by the Federal Government.
(1) Violation of any of the provisions of ORS 596.075, 596.321, 596.331 (1) or (3), 596.351, 596.388, 596.392 (1) to (3) or (6), 596.404 to 596.416 or 596.460, or of any lawful order of the State Department of Agriculture issued pursuant to this chapter, is a Class A violation.
(2) Violation of any of the quarantine provisions of ORS 596.331 (2), 596.355, 596.392 (4) or (5) or 596.394 to 596.402 is punishable, upon conviction, by a fine of not less than $500 nor more than $5,000.
(3) Violation of any of the provisions of ORS 596.100 or 596.105 or rules adopted thereunder is a misdemeanor.
Amended in 1999, 2001.
Reviewed and updated by AAHS in January 2002.
Reviewed and updated by AAHS in May 2003.
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