Title 48 — ANIMALS
As used in this chapter, except as provided in ORS 596.615 to 596.681: “Department” means the State Department of Agriculture. “Disease” means any disease of livestock which may be transmitted or communicated through direct or indirect contact from one animal to another, including those diseases transmitted by or through livestock to humans. “Livestock” i…
The State Department of Agriculture shall: Exercise general sanitary and disease control supervision over the livestock of this state, and as far as possible, protect the livestock of this state from disease. Take all measures necessary and proper, in its judgment, to control diseases within this state and to eradicate and prevent the spread of infectious,…
The State Department of Agriculture is designated as the official agency in Oregon for cooperation with the United States Department of Agriculture and other states of the United States in the administration of the National Poultry Improvement Plan and the National Turkey Improvement Plan, relating to eradication and control of poultry and fowl diseases and …
Whenever the Director of Agriculture deems it necessary, the director may enter into cooperative and reciprocal agreements with the United States Department of Agriculture or any other federal agency for the purpose of controlling and eradicating any disease that may exist among the livestock of this state, and may receive and expend funds pursuant to such a…
The Oregon agricultural experiment station, the College of Veterinary Medicine, Oregon State University or the State Department of Agriculture may make, produce or furnish bacteriological or biological products to be used by the department for the treatment, prevention or detection of animal disease. If either the experiment station or the College of Veterin…
The State Department of Agriculture or any of its officers, employees or deputies may at any time call upon any peace officer for assistance in the discharge of duties, and such peace officer shall give the assistance requested. VACCINES AND TREATMENTS
The following vaccines or bacteriological or biological products are deemed to be vaccines or products that are a hazard to the livestock in this state: Brucella Abortus Vaccine; Hog Cholera Vaccine; and Any biologic not approved for general use by the United States Department of Agriculture. In addition to the vaccines or products set forth in paragraph…
Except as otherwise provided in ORS 596.065 (3), no person shall use, vaccinate with or inject into any livestock in this state, sell, offer for sale, dispose of or distribute any vaccine, bacteriological or biological product declared to be a hazard to livestock health under ORS 596.065.
As used in ORS 596.100, 596.105 and 596.995: “Animal remedy” means any product used to prevent, inhibit or cure or enhance or protect the health or well-being of animals, but does not include food. “Department” means the State Department of Agriculture. “Pharmaceutical” means any product prescribed for the treatment or prevention of disease for veterinary…
No person shall sell, offer or expose for sale, or deliver to a user, an animal remedy, veterinary biologic or pharmaceutical, in package or in bulk, which has not been registered with the State Department of Agriculture. Products regulated under the Federal Insecticide, Fungicide, and Rodenticide Act which are registered with the department under ORS chapte…
The State Department of Agriculture may adopt rules exempting certain products from the definition of animal remedy, veterinary biologic or pharmaceutical if: The products are not used primarily for veterinary purposes; or The products are animal remedies compounded by Oregon licensed veterinarians for use in the course of their practice. Note: See note u…
There hereby is created within the State Department of Agriculture the office of State Veterinarian of the State of Oregon. The State Veterinarian shall be appointed by the Director of Agriculture. The State Veterinarian shall be the chief livestock sanitary official of the state. The department may also employ such assistant state veterinarians as may be ne…
The State Department of Agriculture may deputize certain veterinarians throughout the state to assist the State Department of Agriculture in carrying out its duties. Such veterinarians shall be known as deputy state veterinarians. They shall be in the unclassified service of the state or may furnish professional services to the department as provided by ORS …
Notwithstanding other laws to the contrary, the State Department of Agriculture is authorized to enter into a contract with a deputy state veterinarian to obtain and pay for professional services in assisting the department in administering and carrying out its laws, including but not limited to testing and vaccination of livestock. The department may agree …
Deputy state veterinarians shall assist the State Department of Agriculture in carrying out the duties imposed upon it by any law of this state when requested to do so by the State Veterinarian. Within the scope of the authority delegated to them by the State Veterinarian, deputy state veterinarians shall possess the powers and authority conferred upon regul…
The appointment of a person as a deputy state veterinarian is effective until the person submits a written resignation to the State Department of Agriculture or until the department revokes or suspends the appointment for one of the following causes: The revocation or suspension of the veterinarian’s license to practice veterinary medicine in this state. A …
As used in this section, “veterinary technician” has the meaning given that term in ORS 686.010. The State Department of Agriculture may deputize certain veterinary technicians throughout this state to assist the department in carrying out its duties. Such veterinary technicians shall be known as deputy state veterinary technicians. A person desiring an ap…
The appointment of a person as a deputy state veterinary technician is effective until the person submits a written resignation to the State Department of Agriculture or until the department revokes or suspends the appointment for one of the following causes: The revocation or suspension of the veterinary technician’s license. A deputy state veterinary tech…
CONTROL AND ERADICATION OF CONTAGIOUS DISEASES
Deputy state veterinarians may: 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. Issue official health certificates on forms and subject to the rules and regulations of the State Depart…
The State Department of Agriculture shall enact rules and regulations: Containing a list of livestock diseases that must be reported to the department by any person practicing veterinary medicine in this state. Concerning the time and manner of reporting livestock diseases and any other information considered reasonably necessary by the department. Regard…
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: To a slaughterer or to a rendering plant; or Pursuant to, and as authorized by, a quarantine order. A person may not sell, offer to sell or dispose of the meat…
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 d…
In carrying out the provisions of this chapter, unless the State Department of Agriculture determines, upon the advice of appropriate federal animal health authorities, that no significant threat to the health of the livestock of this state exists, the department shall cause all sheep entering this state that are not exempt pursuant to ORS 596.341 (3) to be …
Application for permits shall be made to the State Department of Agriculture 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 applica…
No person shall: Knowingly import or cause to be imported into this state any livestock exposed to, infected with or a carrier of disease. 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. Fail to test, tr…
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 origi…
The State Department of Agriculture 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 d…
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. If any person fails to comply with …
The State Department of Agriculture 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 reasonab…
The State Department of Agriculture may order and compel: The destruction or treatment of any livestock that may be infected with, exposed to or may be a carrier of a disease. 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 diseas…
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, incl…
The State Department of Agriculture 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 …
Any quarantine imposed by the State Department of Agriculture 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. All expenses of cleaning, treatment and dis…
The State Department of Agriculture 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 the 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 a disease…
The State Department of Agriculture 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.
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 live…
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: The previous existence of the disease in this state. The action taken by the United States Government in respect to the eradication and control of such disease. The economic consequences to t…
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 prop…
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.
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 effe…
INDEMNIFICATION FOR LIVESTOCK OR PROPERTY ORDERED DESTROYED
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.
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.
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.
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: Livestock or property owned by the federal government or the State of Oregon, or any governmental subdivision, agency or instrumentality of those governments. Livestock or property if the owner thereof has…
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 a…
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 conditi…
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.
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 gov…
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. Violation of any of the quarantine provisions of ORS 596.331 (2), 596.355, 596.392 (4) or (…
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 civi…