Chapter 102 Oregon Laws 1999

Session Law

AN ACT

SB 231

Relating to livestock disease control; amending ORS 596.321, 596.331, 596.341, 596.460 and 596.640; and repealing section 1, chapter 103, Oregon Laws 1999 (Enrolled Senate Bill 232).

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 596.321 is amended to read:

596.321. (1) The State Department of Agriculture shall enact rules and regulations:

(a) Containing a list of livestock diseases [which] that must be reported to the department by any person practicing veterinary medicine in this state.

(b) Concerning the time and manner of reporting livestock diseases and any other information considered reasonably necessary by the department.

[(d) Reducing the minimum age for vaccinating female bovine animals for brucellosis from four months of age to two months of age if changes in federal law or rules authorize that modification, notwithstanding ORS 596.331, 596.460 and 596.640.]

(2) Any person practicing veterinary medicine in this state, having knowledge of the existence of any livestock disease listed pursuant to subsection (1) of this section, shall [forthwith] immediately report [thereon] the disease to the department in the manner provided by rule or regulation.

(3) For the purposes of ORS 596.331 (3) [and 596.341 (2)(d)], the department may inspect and determine what is a "normal and usual feeding facility."

SECTION 2. ORS 596.331 is amended to read:

596.331. (1) No person shall sell, offer to sell or dispose of any livestock [which] 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:

(a) To a slaughterer or to a rendering plant; or

(b) Pursuant to, and as authorized by, a quarantine order.

(2) No person shall sell, offer to sell or dispose of the meat, milk or other parts of any livestock, quarantined by the State Department of Agriculture, for food or other purposes, except as authorized by the quarantine order.

(3) No person shall sell or offer for sale, for any purpose other than slaughter or to a feedlot or other normal and usual feeding facility for slaughter within 12 months of sale, any female bovine animal of a beef breed that has not been vaccinated against brucellosis [when more than four months of age and less than 10 months of age,] as evidenced by an official vaccination tattoo [and an official vaccination ear tag] in the right ear of the animal.

(4) No person shall sell or offer for sale for any purpose other than slaughter, any female bovine animal of a dairy breed that has not been vaccinated against brucellosis [when more than four months and less than eight months of age] as evidenced by an official vaccination tattoo [and an official vaccination ear tag] in the right ear of the animal.

SECTION 3. ORS 596.341 is amended to read:

596.341. (1) In addition to the permit required by subsection (2) of this section, the State Department of Agriculture[, in addition to the permit required by subsection (2) of this section,] may cause livestock to be tested, treated or examined as a condition of entry into this state and may, as evidence of [such] that test, treatment or examination, require the presentation of a certificate of an official of the state of origin designated by the department or of a veterinary inspector of the Federal Government.

(2) The department shall require a written permit[,] authorizing entry into this state of any livestock or other animals subject to the disease control law. [Such] The permit shall be issued upon condition that:

(a) The consignee, owner or purchaser hold the imported livestock upon [their arrival] the arrival of the livestock in this state subject to direction of the department pending completion of the testing, treatment or examination of the livestock;

(b) The livestock be disposed of in accordance with the laws of this state and the rules of the department, if the livestock is found to be infected with, exposed to, or a carrier of, a disease;

(c) The consignee, owner or purchaser complies with [such] the rules promulgated by the department to enforce the intent of this chapter; and

(d) If the imported livestock is a female bovine animal [more than four months of age] that is being imported for any purpose other than slaughter or to a registered dry feedlot, the animal has been vaccinated against brucellosis as evidenced by an official vaccination tattoo [and an official vaccination ear tag] in the right ear of the animal.

(3) The department may exempt the following classes of livestock from the requirements of this section:

(a) Livestock that is consigned to and will be slaughtered by a licensed slaughterer within eight days after entry into this state.

(b) Livestock in uninterrupted transit through the state[;], provided that stops may be made for feed, water and rest.

(c) Except for the requirements of subsection (2)(d) of this section, livestock consigned to an Oregon auction market licensed under ORS chapter 599 where approved veterinary inspection is in force.

(d) Brucellosis nonvaccinated female cattle of proven genetic advantage for purposes of preserving or developing breeding improvements. Those cattle may be admitted on a case by case basis with specific approval of, and under conditions deemed appropriate by, the State Veterinarian. Breed registration papers or other documentation of improved genetics may be required for the approval. The cattle shall be exempt from ORS 596.331 (3) and (4), 596.460 (2) and (3) and subsection (2)(d) of this section.

[(d)] (e) Dogs, cats or small caged birds traveling in a family vehicle as part of that social entity.

(4) As used in subsection (2)(d) of this section, "registered dry feedlot" means a cattle feeding operation that is approved and registered by the department and that has facilities surrounded by permanent fencing wherein all feed and water are artificially supplied.

SECTION 3a. If Senate Bill 232 becomes law, section 1, chapter 103, Oregon Laws 1999 (Enrolled Senate Bill 232) (amending ORS 596.341), is repealed and ORS 596.341, as amended by section 3 of this 1999 Act, is amended to read:

596.341. (1) 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 department or of a veterinary inspector of the Federal Government.

(2) The department shall require a written permit authorizing entry into this state of any livestock or other animals subject to the disease control law and not exempt under subsection (3) of this section. The permit shall be issued upon condition that:

(a) The consignee, owner or purchaser hold the imported livestock upon the arrival of the livestock in this state subject to direction of the department pending completion of the testing, treatment or examination of the livestock;

(b) The livestock be disposed of in accordance with the laws of this state and the rules of the department, if the livestock is found to be infected with, exposed to, or a carrier of, a disease;

(c) The consignee, owner or purchaser complies with the rules promulgated by the department to enforce the intent of this chapter; and

(d) If the imported livestock is a female bovine animal that is being imported for any purpose other than slaughter or to a registered dry feedlot, the animal has been vaccinated against brucellosis as evidenced by an official vaccination tattoo in the right ear of the animal.

(3) The department may exempt the following classes of livestock or other animals subject to the disease control law from the requirements of this section:

(a) Livestock that is consigned to and will be slaughtered by a licensed slaughterer within eight days after entry into this state.

(b) Livestock in uninterrupted transit through the state, provided that stops may be made for feed, water and rest.

(c) Except for the requirements of subsection (2)(d) of this section, livestock consigned to an Oregon auction market licensed under ORS chapter 599 where approved veterinary inspection is in force.

(d) Brucellosis nonvaccinated female cattle of proven genetic advantage for purposes of preserving or developing breeding improvements. Those cattle may be admitted on a case by case basis with specific approval of, and under conditions deemed appropriate by, the State Veterinarian. Breed registration papers or other documentation of improved genetics may be required for the approval. The cattle shall be exempt from ORS 596.331 (3) and (4)[,] and 596.460 (2) and (3) and subsection (2)(d) of this section.

(e) Dogs, cats or small caged birds traveling in a family vehicle as part of that social entity.

(f) Any animals that the department determines do not pose a disease threat.

SECTION 4. ORS 596.460 is amended to read:

596.460. (1) No person owning, possessing or controlling any livestock affected by any disease[,] shall fail to keep it within an enclosure, or herd it in some place where it is secure from contact with other livestock not so affected. Nor shall the person permit [such infected] the affected livestock to range where they will be likely to come in contact with other livestock not so affected.

(2) No person shall maintain or control a female bovine animal of a beef breed for breeding purposes[, that was born after January 1, 1987,] unless the animal has been vaccinated against brucellosis [when more than four months of age and less than 10 months of age,] as evidenced by an official vaccination tattoo [and an official vaccination ear tag] in the right ear of the animal.

(3) No person shall maintain or control a female bovine animal of a dairy breed for breeding or dairy purposes [that was born after January 1, 1987,] unless the animal has been vaccinated against brucellosis [when more than four months of age and less than eight months of age,] as evidenced by an official vaccination tattoo [and an official vaccination ear tag] in the right ear of the animal.

[(4) Notwithstanding subsection (2) or (3) of this section, if a person sells a bovine animal referred to in those subsections for breeding purposes, the tattoo or an official vaccination ear tag and evidence of a tattoo shall be considered satisfactory evidence that the animal has been vaccinated.]

SECTION 5. ORS 596.640 is amended to read:

596.640. (1) 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:

(a) Livestock or property owned by the Federal Government or the State of Oregon, or any governmental subdivision, agency or instrumentality of [such] those governments.

(b) Livestock or property if the owner thereof has failed to comply with any of the provisions of ORS 596.075, 596.331, 596.351, 596.355, 596.371 or 596.460 or with any rules promulgated under ORS 596.321 or has acted in contravention to department authority under ORS 596.311, 596.341, 596.361, 596.388, 596.392 to 596.416 and 596.470 as to any of [such] that livestock or property.

(c) Livestock [which] that has been brought into this state contrary to any law of this state or rule promulgated thereunder or contrary to the conditions of any permit issued under ORS 596.341.

(d) Livestock or property [which] that has been negligently or willfully exposed to or contaminated by a disease.

(e) Livestock [which] that were imported from a county or defined area [which] that is under quarantine at the order of the Federal Government, the State of Oregon or the state of origin, for the disease [with which such] that the livestock is affected by.

(f) Livestock [which] that were known by the owner to be [infected with] affected by a disease at the time of entry into the state.

(g) Livestock [which] that had been imported into this state within five days prior to the date that the disease condition was officially diagnosed.

(h) Livestock if there is evidence that the owner or agent of the owner has in any way been responsible for any attempt to unlawfully or improperly obtain indemnity funds for [any such] the livestock.

(i) Livestock [which] that has been brought into this state pursuant to a permit issued under ORS 596.341 and [which] that after entry is moved, transferred or disposed of in violation of this chapter or any rule promulgated [pursuant thereto] under this chapter.

(j) Female bovine animals [of a beef breed over 10 months of age or female bovine animals of a dairy breed over eight months of age which] that have not been officially vaccinated for brucellosis as required by this chapter.

(2) Any transaction referred to in subsection (1)(c) or (i) of this section with regard to any livestock animal disqualifies the owner of [such] that livestock from receiving indemnity for all livestock or property owned by that person for which indemnity would otherwise be payable.

(3) For the purposes of this section:

(a) Failure to demonstrate that female bovine animals [of a beef breed over 10 months of age or female bovine animals of a dairy breed over eight months of age] brought into this state were officially vaccinated for brucellosis prior to entry and that male livestock brought into this state had a negative brucellosis test finding prior to entry shall be prima facie evidence that the owner had knowledge that the livestock were [infected with] affected by brucellosis.

(b) Evidence of an official vaccination for brucellosis shall be a tattoo in the right ear of the bovine animal in such a manner as the department may prescribe.

Approved by the Governor April 23, 1999

Filed in the office of Secretary of State April 23, 1999

Effective date October 23, 1999

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