Chapter 599 — Chapter 599
90 sections in this chapter.
ORS 599.375 [1953 c.677 §3; 1957 c.390 §17; renumbered 599.460]
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[Repealed or reserved.]
ORS 599.380 [Repealed by 1953 c.677 §22]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 599.390 [Repealed by 1953 c.677 §22]
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[Repealed or reserved.]
ORS 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
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(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 agen…
ORS 599.400 [Repealed by 1953 c.677 §22]
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[Repealed or reserved.]
ORS 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
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(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)…
ORS 599.405 [1957 c.390 §6; repealed by 1969 c.33 §2]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 599.410 [Repealed by 1953 c.677 §22]
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[Repealed or reserved.]
ORS 599.411 [1971 c.578 §4; 1977 c.214 §7; repealed by 1999 c.59 §181]
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[Repealed or reserved.]
ORS 599.415 [1957 c.390 §§7,8,9; repealed by 1969 c.33 §2]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 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
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(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 info…
ORS 599.425 [1957 c.390 §§10,11; 1963 c.15 §2; repealed by 1969 c.33 §2]
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[Repealed or reserved.]
ORS 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
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(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)…
ORS 599.430 [1957 c.390 §12; 1967 c.637 §18; repealed by 1969 c.33 §2]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 599.440 [1977 c.214 §2; repealed by 1993 c.742 §57]
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[Repealed or reserved.]
ORS 599.445 [1977 c.214 §3; repealed by 1993 c.742 §57]
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[Repealed or reserved.]
ORS 599.450 [1977 c.214 §4; repealed by 1993 c.742 §57]
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[Repealed or reserved.]
ORS 599.455 [Formerly 599.365; 1967 c.208 §5; 1971 c.578 §16; repealed by 1977 c.214 §10]
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[Repealed or reserved.]
ORS 599.460 [Formerly 599.375; repealed by 1977 c.214 §10]
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[Repealed or reserved.]
ORS 599.465 [1977 c.214 §5; repealed by 1993 c.742 §57]
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[Repealed or reserved.]
ORS 599.470 [1977 c.214 §6; repealed by 1993 c.742 §57]
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STOCKYARDS
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 progra…
ORS 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
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[Repealed or reserved.]
ORS 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
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(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 live…
ORS 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
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[Repealed or reserved.]
ORS 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
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(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…
ORS 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
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[Repealed or reserved.]
ORS 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
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TEMPORARY HORSE SALE LICENSES
ORS 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
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(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…
ORS 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
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(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 s…
ORS 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]
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[Repealed or reserved.]
ORS 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]
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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]
ORS 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]
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PENALTIES
ORS 599.991 Penalties. Violation of any of the provisions of this chapter is a misdemeanor. [1971 c.578 §21]
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