Oregon Revised Statutes
Chapter 599 — Livestock Auction Markets; Stockyards; Auction Sales
90 sections599.020 [Repealed by 1955 c.542 §1]
599.030 [Amended by 1953 c.678 §3; repealed by 1955 c.542 §1]
599.040 [Repealed by 1955 c.542 §1]
599.050 [Repealed by 1955 c.542 §1]
599.060 [Repealed by 1955 c.542 §1]
599.070 [Repealed by 1955 c.542 §1]
599.080 [Repealed by 1955 c.542 §1]
599.090 [Repealed by 1955 c.542 §1]
599.100 [Repealed by 1955 c.542 §1]
599.110 [Repealed by 1955 c.542 §1]
599.120 [Repealed by 1955 c.542 §1]
599.130 [Repealed by 1955 c.542 §1]
GENERAL PROVISIONS
599.205 Definitions
As used in this chapter, unless the context otherwise requires: “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 Polled, whether or not such animals are purebred or grade, and crosses of such bre…
599.210 [Repealed by 1953 c.677 §22]
LIVESTOCK AUCTION MARKETS
599.215 Prohibitions
No person shall operate a livestock auction market without a valid license to operate such market issued pursuant to the provisions of this chapter. No person shall interfere with the performance by any veterinarian of duties and responsibilities imposed by the provisions of this chapter. No licensee, or the managing agent of the licensee, shall operate a …
599.220 [Repealed by 1953 c.677 §22]
599.225 [1953 c.677 §4; 1967 c.368 §6; repealed by 1971 c.578 §20]
599.230 [Repealed by 1953 c.677 §22]
599.235 License fee; appropriation of moneys; separate licenses for each facility; posting license and names of owners
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 the year beginning July 1 next following. If a person operates a livestock auction m…
599.240 [Repealed by 1953 c.677 §22]
599.245 Licensee’s bond
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 department and shall be renewed whenever the license is renewed. The bond shall be cond…
599.250 [Repealed by 1953 c.677 §22]
599.251 Procedure on licensee’s default as to condition of bond
Upon default of a licensee as to any condition of the bond required by ORS 599.245, the State Department of Agriculture shall: Give reasonable notice to persons to file claims with the department. Fix a reasonable time within which such filing shall be done. Investigate each claim so filed and reasonably verify the circumstances under which the claims acc…
599.255 Suspension or revocation or refusal to issue or renew licenses
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.
599.260 [Repealed by 1953 c.677 §22]
599.265 Market zone; livestock entering market zone to be sold through auction facilities
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. All livestock entering the market zone must be handled and sold through the facilities of the market and must comply with the provisions of this…
599.269 Brand inspection required prior to public auction of cattle; minimum fee; application of section; exemptions
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 604 and this chapter. It is necessary therefor that the department recover at leas…
599.270 [Repealed by 1953 c.677 §22]
599.273 Questions of livestock ownership and possession
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.
599.275 Cattle and hogs in market zone to be kept in clean, disinfected and segregated pens
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, before and after sale, in clean, disinfected and segregated pens kept solely for…
599.280 [Repealed by 1953 c.677 §22]
599.285 Floors in pens; drainage; cleaning pens, alleyways and equipment
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 pens and alleyways and also fences, food racks and watering troughs shall be cons…
599.290 [Repealed by 1953 c.677 §22]
599.295 Pens for diseased animals
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 animals coming into the market zone which are found to be infected with brucellosis o…
599.300 [Repealed by 1953 c.677 §22]
599.305 Pens and facilities for handling, testing, treating or examining livestock
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.
599.310 [Repealed by 1953 c.677 §22]
599.315 Regulation by department of testing, treating and examining of livestock
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, hog cholera and other infectious, contagious or communicable diseases among the…
599.320 [Repealed by 1953 c.677 §22]
599.325 [1953 c.677 §14; repealed by 1957 c.390 §23]
599.330 [Repealed by 1953 c.677 §22]
599.335 Employment of veterinarian by licensee; authority; revocation of market operator’s license for failing to correct insanitary conditions
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. Every assistant state veterinarian shall have authority and responsibility for the direction and control of the sanitary practices at suc…
599.340 [Repealed by 1953 c.677 §22]
599.345 Weighing by weighmasters; scale tickets in triplicate
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. Scale tickets shall be executed in triplicate for all livestock weighed at the auction market and a copy of such ticket shall be issued to the buyer…
599.350 [Repealed by 1953 c.677 §22]
599.355 Records to be kept by licensee
The licensee shall keep on file an accurate record of: The date on which each consignment of animals was received and sold. The name and address of the buyer and seller of such animals. The number and species of the animals received and sold. The marks and brands on each such animals as furnished by an Oregon brand inspector. Such records containing any…
599.360 [Repealed by 1953 c.677 §22]
599.365 [1953 c.677 §2; 1957 c.390 §15; renumbered 599.455]
599.370 [Repealed by 1953 c.677 §22]
599.375 [1953 c.677 §3; 1957 c.390 §17; renumbered 599.460]
599.380 [Repealed by 1953 c.677 §22]
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: Summarily quarantine the livestock or the premises, or both, as provided in ORS 596.361 to 596.402. Apply to the circuit court of the county in which the live…
599.390 [Repealed by 1953 c.677 §22]
599.395 Joint federal-state administration of chapter
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…
599.400 [Repealed by 1953 c.677 §22]
599.401 Livestock auction market license required; moving location of market; rules
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. Upon prior written application approved by the department, the licensee may mo…
599.405 [1957 c.390 §6; repealed by 1969 c.33 §2]
599.406 License application; rules; fee; expiration of license; renewal
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: 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, c…
599.410 [Repealed by 1953 c.677 §22]
599.411 [1971 c.578 §4; 1977 c.214 §7; repealed by 1999 c.59 §181]
599.415 [1957 c.390 §§7,8,9; repealed by 1969 c.33 §2]
599.416 Hearing on license application; notice; record of proceedings
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 de…
599.421 Matters to be considered in granting licenses; change of market ownership; fee exception
In its consideration of the application for license, the State Department of Agriculture shall consider: 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. The testimony and evidence adduced at the hearing provided for in ORS 599.416 an…
599.425 [1957 c.390 §§10,11; 1963 c.15 §2; repealed by 1969 c.33 §2]
599.426 Issuance or denial of license; procedure
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. Within 30 days of the date of any order of denial of an a…
599.430 [1957 c.390 §12; 1967 c.637 §18; repealed by 1969 c.33 §2]
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 renew…
599.440 [1977 c.214 §2; repealed by 1993 c.742 §57]
599.445 [1977 c.214 §3; repealed by 1993 c.742 §57]
599.450 [1977 c.214 §4; repealed by 1993 c.742 §57]
599.455 [Formerly 599.365; 1967 c.208 §5; 1971 c.578 §16; repealed by 1977 c.214 §10]
599.460 [Formerly 599.375; repealed by 1977 c.214 §10]
599.465 [1977 c.214 §5; repealed by 1993 c.742 §57]
599.470 [1977 c.214 §6; repealed by 1993 c.742 §57]
STOCKYARDS
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.
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, cont…
599.495 Cooperative agreements with federal government under which state department carries out federal programs in livestock auction markets and stockyards
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: Assume authority and administrative responsibility over the operations of livestock auction markets or stockyards, including but not limited to federal posted yards wh…
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.
599.520 By-bids and fraudulent bids made to deceive bidders; minimum or reserve bids
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. 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 a…
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 sale…
599.540 Withdrawal of purebred livestock from sale
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. As used …
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.
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. TEMPORARY HORSE SALE LICENSES
599.610 License requirements; fee; exemptions
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. A temporary horse sale licens…
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 …
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.
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 aucti…
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]
PENALTIES
599.991 Penalties
Violation of any of the provisions of this chapter is a misdemeanor. _______________