Oregon Revised Statutes

Chapter 604 — Brands and Marks; Feedlots

88 sections

604.005 Definitions

As used in this chapter, unless the context requires otherwise: “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. “Brand inspection” mea…

604.010 [Amended by 1957 c.287 §1; repealed by 1967 c.129 §1 (604.012 enacted in lieu of 604.010)]repealed

No operative statutory text appears at this designation in the selected edition.

604.012 [1967 c.129 §2 (enacted in lieu of 604.010); repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.015 Appointment, qualifications and compensation of brand inspectors; livestock police officers

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…

604.020 [Amended by 1953 c.358 §15; 1959 c.396 §1; 1961 c.267 §1; repealed by 1967 c.129 §19]repealed

No operative statutory text appears at this designation in the selected edition.

604.021 State Department of Agriculture exclusive recorder of brands; nonrecordable brands; exceptions; authority

The State Department of Agriculture shall be the exclusive recorder of livestock brands. The department may not record: 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; A painted brand unless composed of numbers, letters or symbols…

604.022 [1967 c.129 §3; 1973 c.430 §1; 1975 c.574 §2; 1977 c.175 §1; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.027 Application to record brand; certification; renewal; fees; rules

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 br…

604.030 [Repealed by 1967 c.129 §19]repealed

No operative statutory text appears at this designation in the selected edition.

604.032 [1967 c.129 §4; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.035 Property rights applicable to recorded brand; transferability; evidence of ownership or right of possession

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 pers…

604.036 Copy of recordation certificate; brand books

Upon recording of a brand under ORS 604.027, the State Department of Agriculture may: Issue a certified copy of its certificate of recordation upon the payment of a fee therefor to be established by the department; and Periodically publish brand books or supplements thereto, and distribute them upon payment of a fee to be established by the department suff…

604.040 [Amended by 1953 c.358 §15; 1961 c.267 §2; repealed by 1967 c.129 §19]repealed

No operative statutory text appears at this designation in the selected edition.

604.041 Transfer of recorded brand; transfer fee

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…

604.046 Brand inspection and certificate requirements; service fee; inspection system; reciprocity between states

Brand inspection and the issuance of a brand inspection certificate is required in this state for: Cattle to be transported from any place in this state to or through any place outside of this state; 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; E…

604.047 Contract to perform brand inspection services; rules

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. Without limiting other terms of a contract described in this section, a person performing brand inspection services on behalf of the department …

604.048 Brand self-inspection program; revocation of privileges; fees; rules

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. A person is eligible to participate in the self-inspection program if: The person is the sole owner of th…

604.050 [Amended by 1953 c.358 §15; 1961 c.267 §3; repealed by 1967 c.129 §19]repealed

No operative statutory text appears at this designation in the selected edition.

604.051 Method of proof of ownership; inspection certificate

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…

604.056 Seizure of hides or livestock; procedure; investigation; disposition; impoundment of sales proceeds

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…

604.060 [Repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.061 Transportation certificate

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. 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 St…

604.066 Brand inspection fee; exception

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: $30 for a lifetime brand inspection for Equidae; $10 per head for a brand inspection for Equidae, if the brand inspection certificate utilized is valid for more than eight days but less …

604.070 [Repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.071 Prohibitions

A person may not: 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; While marking livestock on the ear, either cut, mark or remove more than one-half of the ear; Except for the normal sheepshearing process, cut, burn or otherwise o…

604.076 Authority to issue citations

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. The director may delegate the authority to issue citations to investigative officers and brand inspection supervisors. A citation s…

604.080 [1967 c.129 §5; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.090 [1971 c.743 §299; 1977 c.175 §2; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.095 [1973 c.430 §4; 1975 c.574 §3; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.100 [1973 c.430 §5; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.105 [1973 c.430 §6; 1975 c.574 §4; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.110 [Amended by 1957 c.287 §2; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.120 [Repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.130 [Amended by 1967 c.129 §11; 1973 c.94 §1; 1975 c.574 §5; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.135 [1967 c.129 §8; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

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]repealed

No operative statutory text appears at this designation in the selected edition.

604.145 [1967 c.129 §7; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.150 [Repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.160 [Amended by 1959 c.396 §4; 1975 c.574 §7; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.170 [Amended by 1973 c.175 §14; 1979 c.499 §18; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.180 [Amended by 1979 c.284 §179; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.190 [Amended by 1973 c.94 §3; 1979 c.284 §180; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.200 [Repealed by 1977 c.175 §9]repealed

No operative statutory text appears at this designation in the selected edition.

604.210 [Amended by 1973 c.94 §4; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.220 [Amended by 1973 c.94 §5; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.230 [Amended by 1973 c.94 §6; 1979 c.284 §181; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

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]repealed

No operative statutory text appears at this designation in the selected edition.

604.312 [1961 c.267 §9; 1975 c.574 §8; 1977 c.175 §5; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.315 [1959 c.396 §3; 1977 c.175 §6; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.320 [Amended by 1953 c.358 §15; 1973 c.11 §1; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.322 [1953 c.358 §15; 1961 c.425 §12; repealed by 1967 c.129 §12 (604.323 enacted in lieu of 604.322)]repealed

No operative statutory text appears at this designation in the selected edition.

604.323 [1967 c.129 §13 (enacted in lieu of 604.322); 1973 c.11 §2; 1979 c.284 §182; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.324 [1953 c.358 §15; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.330 [Amended by 1953 c.358 §15; 1961 c.267 §5; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.340 [Amended by 1953 c.358 §15; 1967 c.129 §14; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.350 [Amended by 1953 c.358 §15; repealed by 1967 c.129 §15; (604.355 enacted in lieu of 604.350)]repealed

No operative statutory text appears at this designation in the selected edition.

604.355 [1967 c.129 §16 (enacted in lieu of 604.350); repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.360 [Amended by 1953 c.358 §15; 1973 c.430 §2; 1975 c.574 §9; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.370 [Amended by 1959 c.396 §6; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.380 [Amended by 1953 c.358 §15; 1973 c.11 §3; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.390 [Amended by 1953 c.358 §15; 1971 c.773 §6; 1975 c.574 §10; 1977 c.175 §7; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.395 [1957 c.287 §5; 1963 c.357 §1; 1971 c.773 §7; 1973 c.151 §2; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.400 [Amended by 1973 c.295 §1; 1979 c.499 §19; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.410 [Amended by 1961 c.267 §6; 1977 c. 175 §8; 1977 c.214 §9; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.420 [Amended by 1957 c.287 §6; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.425 [1957 c.287 §12; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.430 [1953 c.358 §13; 1963 c.66 §1; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.440 [1973 c.190 §2; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.450 [1973 c.190 §3; repealed by 1977 c.214 §10]repealed

No operative statutory text appears at this designation in the selected edition.

604.460 [1973 c.190 §6; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.510 [Repealed by 1977 c.214 §10]repealed

No operative statutory text appears at this designation in the selected edition.

604.520 [Amended by 1957 c.287 §7; 1967 c.208 §6; repealed by 1977 c.214 §10]repealed

No operative statutory text appears at this designation in the selected edition.

604.530 [Repealed by 1957 c.287 §8 (604.531 enacted in lieu of 604.530)]repealed

No operative statutory text appears at this designation in the selected edition.

604.531 [1957 c.287 §9 (enacted in lieu of 604.530); 1961 c.267 §7; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.535 [1959 c.396 §7; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.540 [Amended by 1957 c.287 §11; 1971 c.743 §400; 1973 c.295 §2; 1975 c.304 §7; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.542 [1967 c.129 §10; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.545 [1959 c.396 §5; repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.550 [Repealed by 1981 c.248 §20]repealed

No operative statutory text appears at this designation in the selected edition.

604.610 “Licensed feedlot” defined

As used in ORS 604.620 to 604.670, “licensed feedlot” means a beef cattle feedlot, licensed by the State Department of Agriculture, that has more than 500 head of cattle being fed for slaughter at one time during a calendar year.

604.620 License; fee; sanctions

No person shall be entitled to utilize the brand inspection and inventory procedures prescribed in ORS 604.630 to 604.650 and 604.670 without first obtaining and maintaining a license as a licensed feedlot. An application for a license or renewal thereof shall be made to the State Department of Agriculture on forms prescribed by the department, and shall be…

604.630 Inventory; record; audit

At the time a license is issued, the State Department of Agriculture and the licensee shall jointly make and record a physical inventory of all cattle in the feedlot of the licensee. Thereafter, such inventory record shall be maintained by the licensee and shall be subject to review or audit by the department at any time during the normal business hours of t…

604.640 Inspection of cattle; addition to inventory; fee

All cattle received at the licensed feedlot shall be consigned to special holding pens and held therein until inspected and released to the general feedlot area by the brand inspector of the State Department of Agriculture. The department’s inspector shall review and verify all documents of title, transportation certificates, brand inspection certificates, m…

604.650 Inventory upon removal; fee; prohibited acts

All cattle, including salvage animals, dead animals, other sale animals and fed cattle being sent to slaughter, removed from the licensed feedlot shall be inventoried by the brand inspector of the State Department of Agriculture and the number thereof deducted from the department’s inventory records of the licensee. The department shall thereafter issue its …

604.660 [1975 c.162 §8; repealed by 1985 c.262 §4]repealed

No operative statutory text appears at this designation in the selected edition.

604.670 Rules by department

The State Department of Agriculture, under the provisions of ORS chapter 183 may promulgate such rules as are necessary to administer and enforce the provisions of ORS 604.610 to 604.670, including but not limited to: The time and manner of maintaining inventory records; and Controls and minimum standards of construction and methods of operation by license…

604.990 [Subsection (6) of 1963 Replacement Part enacted as 1961 c.267 §10; subsection (7) of 1963 Replacement Part enacted as 1961 c.462 §7 and amended by 1963 c.87 §4; repealed by 1967 c.129 §19]repealed

No operative statutory text appears at this designation in the selected edition.

604.992 Penalties

Violation of any of the provisions of this chapter, or the administrative rules or orders promulgated thereunder, is a Class B misdemeanor. Notwithstanding ORS 14.030 to 14.080, an action for violation of brand inspection requirements may be commenced and tried in either the county where the cattle movement originated or the county where the cattle movement…