Chapter 596 — Chapter 596

ORS 596.406 Department to prescribe methods of destruction of property; indemnity. When any real or personal property is ordered destroyed, the State Department of Agriculture 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. [1953 c.689 §8; 1955 c.557 §28; 1973 c.2 §5]

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ORS 596.410 [Repealed by 1953 c.689 §13]

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ORS 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 State Department of Agriculture shall give appropriate weight and consideration to the following

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ORS 596.416 Application to court to compel owner or person in charge of property to cooperate. (1) In the event the State Department of Agriculture 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

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ORS 596.420 [Repealed by 1953 c.689 §13]

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ORS 596.430 [Repealed by 1955 c.557 §36]

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ORS 596.440 [Repealed by 1955 c.557 §36]

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ORS 596.450 [Repealed by 1955 c.557 §36]

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ORS 596.460 Duty to separate and confine diseased animals. 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. [Amended by 1955 c.557 §30; 1987 c.909 §3; 1995 c.20 §1; 1999 c.102 §4; 2001 c.22 §5; 2023 c.146 §5]

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ORS 596.470 Health certificates for disease-free animals. Whenever any official examination is made by any person authorized so to do by the State Department of Agriculture, 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. [Amended by 1955 c.557 §31]

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ORS 596.480 [1955 c.637 §1; repealed by 1983 c.101 §6]

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ORS 596.500 [1971 c.483 §§6,7; 1975 c.220 §1; repealed by 1977 c.214 §10; repealed by 1983 c.101 §6]

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ORS 596.610 [1953 c.633 §1; repealed by 1955 c.557 §36]

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ORS 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. [1981 c.334 §7; 1987 c.909 §4]

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ORS 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 State Department of Agriculture 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. [1953 c.633 §3]

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ORS 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. [1981 c.334 §6]

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ORS 596.630 [1953 c.633 §2; 1955 c.557 §32; repealed by 1963 c.208 §4]

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ORS 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

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ORS 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 State Department of Agriculture. 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

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ORS 596.660 Method of destruction; salvage. When in the opinion of the State Department of Agriculture 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

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ORS 596.670 [1953 c.633 §6; repealed by 1965 c.217 §4 (596.671 enacted in lieu of 596.670)]

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ORS 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. [1965 c.217 §5 (enacted in lieu of 596.670); 1971 c.705 §1; 1981 c.334 §3]

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ORS 596.680 [1953 c.633 §7; repealed by 1965 c.217 §6 (596.681 enacted in lieu of 596.680)]

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ORS 596.681 Limit of state indemnity to livestock owner also receiving federal indemnity. If the owner of livestock destroyed at the order of the State Department of Agriculture 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. [1965 c.217 §7 (enacted in lieu of 596.680); 1981 c.334 §4]

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ORS 596.990 Penalties. (1) Violation of any of the provisions of ORS 596.075, 596.321, 596.331 (1), 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

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ORS 596.995 Civil penalties. (1) Any manufacturer of an animal remedy, veterinary biologic or pharmaceutical who violates any provision of ORS 596.100 or 596.105 applicable to manufacturers or any rule adopted pursuant thereto or the terms or conditions of any license, registration or order issued by the State Department of Agriculture under ORS 596.100 or 596.105 shall be subject to a civil penalty not to exceed $2,500 per violation

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