Chapter 604 — Chapter 604
88 sections in this chapter.
ORS 604.005 Definitions. As used in this chapter, unless the context requires otherwise
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(1) “Brand” means a distinctive design, mark or other means of identification applied to a designated location of the hide, wool or skin of livestock, by methods prescribed by administrative rule of the State Department of Agriculture promulgated pursuant to ORS chapter 183. (2) …
ORS 604.010 [Amended by 1957 c.287 §1; repealed by 1967 c.129 §1 (604.012 enacted in lieu of 604.010)]
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[Repealed or reserved.]
ORS 604.012 [1967 c.129 §2 (enacted in lieu of 604.010); repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.015 Appointment, qualifications and compensation of brand inspectors; livestock police officers. (1) The State Department of Agriculture may appoint and designate employees as brand inspectors to administer and enforce the brand inspection activities of the department under ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071, 604.640, 604.650 and 604.992. In addition, the department may authorize and direct brand inspectors to administer and enforce other laws under the jurisdiction of the department
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(2) In making appointments under subsection (1) of this section, the department may appoint as part-time brand inspectors persons in the unclassified service of the personnel relations system who possess the necessary experience, knowledge and qualifications and pay them on any r…
ORS 604.020 [Amended by 1953 c.358 §15; 1959 c.396 §1; 1961 c.267 §1; repealed by 1967 c.129 §19]
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[Repealed or reserved.]
ORS 604.021 State Department of Agriculture exclusive recorder of brands; nonrecordable brands; exceptions; authority. (1) The State Department of Agriculture shall be the exclusive recorder of livestock brands. The department may not record
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(a) A brand consisting of three or more letters or three or more figures, or any combination thereof, on the shoulders of cattle or on other locations specified by the department; (b) A painted brand unless composed of numbers, letters or symbols, or a combination thereof; or (c)…
ORS 604.022 [1967 c.129 §3; 1973 c.430 §1; 1975 c.574 §2; 1977 c.175 §1; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.027 Application to record brand; certification; renewal; fees; rules. (1) A person desiring to record a brand on any species of livestock shall submit a written and signed application therefor to the State Department of Agriculture, setting forth a facsimile and description of the brand, the species of livestock upon which it will be used and the specific intended location on the animal. The application must be accompanied by a brand conflict research fee of $25 for each brand on each species of livestock on which the brand is to be used. The person must also pay an activation fee matching the cycle set for the approved brand under subsection (4) of this section prior to recordation of the brand. The activation fee may not exceed $200. Upon receipt of an application and the required fees, if the department determines that the brand applied for is available, the department shall issue a certificate of recordation of the distinctive brand, the approved location on the animal and the species of livestock to which it applies
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(2) During September of each year the department shall attempt to notify all holders of an expiring recorded brand of the need to renew the brand. The department shall attempt the notification by sending a renewal notice to the holder’s last address as shown on the department’s r…
ORS 604.030 [Repealed by 1967 c.129 §19]
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[Repealed or reserved.]
ORS 604.032 [1967 c.129 §4; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.035 Property rights applicable to recorded brand; transferability; evidence of ownership or right of possession. (1) The brand recorded or renewed under ORS 604.027 is the exclusive property right of the holder thereof, and the holder has exclusive right to use the brand in accordance with its recordation. The holder may transfer the recorded brand by sale, assignment or otherwise and may bequeath the brand by will or subject to the laws of descent and distribution as personal property
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(2) Proof of a recorded brand is prima facie evidence of the ownership or right to possession of livestock upon which the brand is used in all civil or criminal actions and suits involving an issue of ownership or right to possession of such livestock. Parol evidence is inadmissi…
ORS 604.036 Copy of recordation certificate; brand books. Upon recording of a brand under ORS 604.027, the State Department of Agriculture may
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(1) Issue a certified copy of its certificate of recordation upon the payment of a fee therefor to be established by the department; and (2) Periodically publish brand books or supplements thereto, and distribute them upon payment of a fee to be established by the department suff…
ORS 604.040 [Amended by 1953 c.358 §15; 1961 c.267 §2; repealed by 1967 c.129 §19]
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[Repealed or reserved.]
ORS 604.041 Transfer of recorded brand; transfer fee. (1) Except as provided in subsection (2) of this section, in order to transfer a recorded brand by sale, assignment or otherwise, the transferor shall submit a written, signed and witnessed document of transfer to the State Department of Agriculture, accompanied by an application of the transferee as prescribed in ORS 604.027 (1), accompanied by a brand transfer fee, not to exceed $50. Upon determining that the brand transfer documents are in order, the department shall issue its certificate of recordation to the transferee
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(2)(a) As used in this subsection, “interested person” means any of the following: (A) The person who has been appointed by a court to serve as personal representative of the decedent’s estate; (B) The affiant under a simple estate affidavit described in ORS 114.515; or (C) If no…
ORS 604.046 Brand inspection and certificate requirements; service fee; inspection system; reciprocity between states. (1) Brand inspection and the issuance of a brand inspection certificate is required in this state for
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(a) Cattle to be transported from any place in this state to or through any place outside of this state; (b) Cattle to be transported from any place in this state to a range or pastureland outside of this state and destined to be ultimately returned to this state; (c) Except as p…
ORS 604.047 Contract to perform brand inspection services; rules. (1) Notwithstanding any other provision of ORS chapter 599 or 604, the State Department of Agriculture may enter into a contract with a qualified person to perform brand inspection services on behalf of the department
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(2) Without limiting other terms of a contract described in this section, a person performing brand inspection services on behalf of the department must: (a) Comply with the standards, procedures and requirements established by the department in rule, in the contract or in both r…
ORS 604.048 Brand self-inspection program; revocation of privileges; fees; rules. (1) Notwithstanding any other provision of ORS chapter 604, the State Department of Agriculture may establish a self-inspection program that allows an owner to conduct brand inspections on the owner’s livestock, subject to the requirements of this section
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(2) A person is eligible to participate in the self-inspection program if: (a) The person is the sole owner of the livestock and holds a brand registered with the department under ORS 604.027; (b) The self-inspection applies only to livestock transactions or movements involving 2…
ORS 604.050 [Amended by 1953 c.358 §15; 1961 c.267 §3; repealed by 1967 c.129 §19]
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[Repealed or reserved.]
ORS 604.051 Method of proof of ownership; inspection certificate. (1) Whenever livestock or hides are subject to brand inspection under ORS 604.046, the person in possession shall submit evidence of ownership or right to possession of the livestock or hides at the request of the State Department of Agriculture. The evidence may consist of any documents and statements that tend to establish such ownership or right to possession. The prima facie character of a recorded brand and the disputable presumption against unrecorded brands set forth in ORS 604.035 (2), shall be given recognition by the department
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(2) The department shall examine livestock or hides, review any evidence submitted pursuant to subsection (1) of this section and otherwise perform brand inspection to determine whether the person in possession is the owner or lawful possessor thereof. Except for brand inspection…
ORS 604.056 Seizure of hides or livestock; procedure; investigation; disposition; impoundment of sales proceeds. (1) The State Department of Agriculture may detain, seize or embargo hides or livestock in carrying out and enforcing the provisions of ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071, 604.640, 604.650 and 604.992 relating to the ownership or right to possession of livestock. Recognizing that the provisions of ORS 561.605 to 561.620 relating to the departmental procedures for detaining, seizing or embargoing commodities are not readily applicable to livestock, the following shall apply whenever the department detains, seizes or embargoes hides or livestock under the provisions of ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610, 603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071, 604.640, 604.650 and 604.992
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(a) The department shall issue its written notice of detention, seizure or embargo to the person in possession of the hides or livestock, directing them to be held subject to further order of the department and any detention, seizure or embargo shall be subject to the contested c…
ORS 604.060 [Repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.061 Transportation certificate. (1) Cattle transported from the premises of the owner or person in lawful possession to another place in this state shall be accompanied by a transportation certificate
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(2) For the purposes of this section “transportation certificate” means a document signed by the owner or person in lawful possession of the cattle to be transported, on a form prescribed by the State Department of Agriculture, setting forth the identity of the cattle owner, the …
ORS 604.066 Brand inspection fee; exception. (1) Except as provided in subsection (2) of this section, the State Department of Agriculture shall charge and collect a brand inspection fee in accordance with the following
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(a) $30 for a lifetime brand inspection for Equidae; (b) $10 per head for a brand inspection for Equidae, if the brand inspection certificate utilized is valid for more than eight days but less than a lifetime; or (c) $10 per head for a brand inspection on livestock other than Eq…
ORS 604.070 [Repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.071 Prohibitions. A person may not
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(1) Purchase, sell, handle or transport hides or livestock in violation of ORS 604.005 to 604.071, 604.640, 604.650 and 604.670 or the administrative rules promulgated thereunder; (2) While marking livestock on the ear, either cut, mark or remove more than one-half of the ear; (3…
ORS 604.076 Authority to issue citations. (1) In addition to the authority set forth in ORS 604.015, in the enforcement of this chapter, the Director of Agriculture has the authority to issue and serve citations to any person for violation of any provision of ORS 604.071
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(2) The director may delegate the authority to issue citations to investigative officers and brand inspection supervisors. (3) A citation shall contain the information and substantially conform to the requirements for a citation under ORS chapter 153. [1987 c.165 §2; 1999 c.1051 …
ORS 604.080 [1967 c.129 §5; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.090 [1971 c.743 §299; 1977 c.175 §2; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.095 [1973 c.430 §4; 1975 c.574 §3; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.100 [1973 c.430 §5; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.105 [1973 c.430 §6; 1975 c.574 §4; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.110 [Amended by 1957 c.287 §2; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.120 [Repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.130 [Amended by 1967 c.129 §11; 1973 c.94 §1; 1975 c.574 §5; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.135 [1967 c.129 §8; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.140 [Amended by 1957 c.287 §3; 1959 c.16 §1; 1973 c.94 §2; 1975 c.574 §6; 1977 c.175 §3; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.145 [1967 c.129 §7; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.150 [Repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.160 [Amended by 1959 c.396 §4; 1975 c.574 §7; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.170 [Amended by 1973 c.175 §14; 1979 c.499 §18; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.180 [Amended by 1979 c.284 §179; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.190 [Amended by 1973 c.94 §3; 1979 c.284 §180; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.200 [Repealed by 1977 c.175 §9]
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[Repealed or reserved.]
ORS 604.210 [Amended by 1973 c.94 §4; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.220 [Amended by 1973 c.94 §5; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.230 [Amended by 1973 c.94 §6; 1979 c.284 §181; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.310 [Amended by 1953 c.358 §15; 1957 c.287 §4; 1961 c.267 §4; 1977 c.175 §4; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.312 [1961 c.267 §9; 1975 c.574 §8; 1977 c.175 §5; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.315 [1959 c.396 §3; 1977 c.175 §6; repealed by 1981 c.248 §20]
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[Repealed or reserved.]
ORS 604.320 [Amended by 1953 c.358 §15; 1973 c.11 §1; repealed by 1981 c.248 §20]
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[Repealed or reserved.]