Title 48, Animals

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…

(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…

(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 …

(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 dep…

(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) Inves…

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]

(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 an…

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 60…

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]

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, …

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 p…

(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 a…

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]

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,…

(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 auth…

(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 livesto…

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 …

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 …

(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 w…

(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 transfera…

(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 o…

(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 3…

(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, …

(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 t…

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 req…

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…

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 bruce…

(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 livest…

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.

(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 suc…

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 offe…

(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 o…

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 …

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 wit…

(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 Departme…

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 o…

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]

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 con…

Violation of any of the provisions of this chapter is a misdemeanor. [1971 c.578 §21] _______________