justicedao/ipfs_state_laws huggingface dataset:
603-013-0910 Definitions As used in OAR 603-013-0920 through 603-100-0930, unless otherwise required by the context, the following terms will be construed to mean: (1) "Department" means the Oregon Department of Agriculture. (2) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction. (3) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur. (4) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences. (5) “Moderate,” with respect to violations, means an incident, or series of incidents that may cause temporary or medically reversible adverse health consequences, or where the probability of serious adverse health consequences is remote. (6) "Repeat violation" means the recurrence of the same violation for each 24-hour period after a notice of noncompliance or assessment of civil penalty was issued within the preceding three years. It does not include a violation if the previous notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed. (7) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation. (8) "Violation" means the failure to comply with any requirement of ORS Chapter 603 or 619 or any rule adopted thereunder. Statutory/Other Authority: ORS 561.190, 603.995 & 619.996 Statutes/Other Implemented: ORS 603.995 & 619.996 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-013-0920 Schedule of Civil Penalties (1) Operating an animal food slaughtering establishment or processing establishment without first obtaining a license therfor from the Department as required in ORS 619.031. Penalty — $5,000 to $10,000. (2) Violation of ORS 619.031(7) by a person licensed under ORS 619.031(1)–(5). Penalties: (a) Minor — $1,000 to $4,000; (b) Moderate — $4,001 to $7,000; (c) Major — $7,000 to $10,000. Statutory/Other Authority: ORS 561.190, 603.995 & 619.996 Statutes/Other Implemented: ORS 603.995 & 619.996 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-013-0932 Penalty Factors; Procedure (1) In imposing a penalty pursuant to OAR 603-013-0910, the Department shall consider the following factors, which are listed in prioritized order: (a) The immediacy and extent to which the violation threatens the public health or safety. (b) Any prior violations of statutes, rules or orders pertaining to meat or meat related activities. (c) The past history of the person incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation. (2) Each 24-hour period a violation continues after the period of time established for compliance will be considered a separate violation unless the Department finds a different period of time is more appropriate to describe the specific violation event. (3) Repeat violations of OAR 603-013-0910 will be assessed as three times the penalty amount in OAR 603-013-0910, not to exceed $10,000. (4) A civil penalty imposed under this rule will comply with ORS 183.745, except that the written application for a hearing must be received by the Department no later than 10 days after the mailing or personal service of the notice of civil penalty. Statutory/Other Authority: ORS 561.190, 603.995 & 619.996 Statutes/Other Implemented: ORS 603.995 & 619.996 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-014-0010 Size of Brand and One Impression Limitation All brands shall be a single stamp impression of such size that the entire design can be placed within a circle one foot in diameter. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 604.027 History: AD 22-1981, f. & ef. 10-7-81 AD 585, f. 7-15-58, ef. 7-11-58
603-014-0012 Authorized Methods or Processes of Applying Brands (1) Cattle, horses, mules and asses. The only methods or processes of applying brands to cattle, horses, mules, or asses (and the only methods or processes which shall be legal in Oregon), are: (a) By the use of a hot iron; or (b) By the use of a super-chilled or freeze iron; or (c) By the use of caustic chemicals. (2) Sheep. The only methods or processes of applying brands to sheep (and the only methods or processes which shall be legal in Oregon) are: (a) By the use of paint; (b) By the application of tattoos; (c) By the use of a hot iron or fire-brand; (d) By the use of a super-chilled or freeze iron or instrument; (e) By the use of caustic chemicals. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 604.005 History: AD 22-1981, f. & ef. 10-7-81 AD 1003(17-73), f. 12-5-73, ef. 12-25-73 AD 849(21-67), f. 9-5-67, ef. 9-13-67
603-014-0016 Location of Brands on Certain Animals (1) Cattle. Brands can only be recorded with the Department under the provisions of ORS chapter 604, in the following locations: (a) Right hip, right ribs, right shoulder, right neck, right jaw; (b) Left hip, left ribs, left shoulder, left neck, left jaw. (2) Horses, mules or asses. Brands can only be used or placed on horses, mules or asses and can only be recorded with the Department under the provisions of ORS chapter 604, in the following locations: (a) Right hip, right stifle, right shoulder, and right jaw; (b) Left hip, left stifle, left shoulder, and left jaw. (3) Sheep. Brands can only be used or placed on sheep and can only be recorded with the Department under the provisions of ORS chapter 604, in the following locations for the branding method identified: (a) Paint brands shall be located on either of two locations on the back of the animal such locations being defined as: (A) Withers area: From the spinous process of the first thoracic vertebrae posteriorally to the posterior border of the eighth rib, extending on each side to lines parallel to the back line from one-half the distance from the spinous process to the shoulder joint; and (B) Mid-back area: From the posterior border of the above described withers area posteriorally along the spinous process to the fourth lumbar vertebrae, extending on each side to lines parallel to those side lines described in the withers area. (b) Such brands shall be situated so that the top of the brand faces toward the head of the animal: (A) Tattoo brands shall be located on the inside of either of the front legs on the wool-free area above the knee; (B) Firebrands, freeze brands, or caustic chemical brands shall be located on either nose, left jaw, or right jaw. Statutory/Other Authority: ORS 561 & 604 Statutes/Other Implemented: ORS 604.021 History: DOA 6-2008, f. & cert. ef. 2-6-08 DOA 2-2004, f. & cert. ef. 1-23-04 AD 22-1981, f. & ef. 10-7-81 AD 1092(15-76), f. & ef. 4-16-76 AD 1003(17-73), f. 12-5-73, ef. 12-25-73 AD 849(21-67), f. 9-5-67, ef. 9-13-67 AD 647, f. & ef. 11-18-60
603-014-0017 Location of Herd or Breed Identification Markings As provided by ORS 604.021(2), the following areas and markings may be used for herd or breed identification: (1) The gaskins of cattle, on either side, may be used for herd identification markings. Such identification markings shall consist of three letters or figures, or any combination thereof, and may be placed either vertically or horizontally. No designs or connected figures may be used. (2) The necks of horses, on either side, may be used for breed association identification markings. Statutory/Other Authority: ORS 561 & 604 Statutes/Other Implemented: ORS 604.021 History: AD 13-1983, f. 10-19-83, ef. 11-1-83
603-014-0030 No Ear or Flesh Marks Not Entitled to Be Recorded No ear or flesh marks shall be recorded for any species of livestock. However, the Department encourages the owner of recorded brands to submit such marks with the application for recording of brand. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 561.190 History: AD 22-1981, f. & ef. 10-7-81 AD 585, f. 7-15-58, ef. 7-11-58
603-014-0035 Adjustment of Conflicting Brands Should the Department deem it necessary to adjust conflicting brands, such adjustment will be made on the basis of priority of continuous record; provided, however, that the owners of conflicting brands may make such adjustments between themselves if satisfactory to the Department. Statutory/Other Authority: ORS 561.190 & 604.021 Statutes/Other Implemented: ORS 604.021 History: AD 585-1958, f. 7-15-58, ef. 7-11-58
603-014-0045 Application and Activation Fees for New Certificates of Recordation of Brands (1) If a person desires to record a distinctive brand on a location on a species of livestock, the person may apply for a certificate of recordation as provided in this section. (2) To receive a certificate of recordation, the person shall submit a written application, submit all other requested documents, and pay an application fee plus an activation fee. (a) The person may submit a written application for a certificate of recordation. The application fee must accompany the application. The amount of the application fee is $25 for each location on each species of livestock. (b) If the department determines after a review of the application that the requested brand is available, the department will project an expiration date for a certificate of recordation, inform the applicant of the projected expiration date and of the amount of the activation fee, and may request additional documents from the applicant. (c) The amount of the activation fee for each certificate of recordation will be calculated based on the livestock species and on the number of days between the date that the department determined that the requested brand is available and the projected expiration date. For all livestock species except sheep, the activation fee for a certificate of recordation shall be $0.14 per day, up to a maximum of $200. For sheep, the activation fee for a certificate of recordation shall be $0.03 per day, up to a maximum of $40. (d) Upon receiving the information described in paragraph (b), the applicant may submit the activation fee to the department. If the applicant does not submit the activation fee and all requested documents to the department so that the department receives them within three months of the date that the department determined that the requested brand is available, then the department’s determination will be deemed rescinded without further action. (3) Upon receipt of a written application, the application fee, the activation fee, and all other requested documents as provided in this section, the department will issue a certificate of recordation for the distinctive brand on the location on the species of livestock. The certificate shall allow use of the brand until the expiration date. Statutory/Other Authority: ORS 561.180, 604.027 & 607.261 Statutes/Other Implemented: ORS 604.027 & SB 1019 (2025) History: DOA 24-2025, amend filed 10/15/2025, effective 10/15/2025 DOA 32-2003, f. & cert. ef. 9-12-03 DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03 AD 6-1992, f. & cert. ef. 6-3-92 AD 22-1981, f. & cert. ef. 10-7-81 AD 2-1980, f. 2-20-80, cert. ef. 4-1-80 AD 1068(14-75), f. 9-5-75, cert. ef. 10-1-75 AD 1026(16-74), f. 4-30-74, cert. ef. 5-25-74 AD 849(21-67), f. 9-5-67, cert. ef. 9-13-67 AD 615-1959, f. 7-23-59, cert. ef. 7-23-59 & 8-5-59
603-014-0046 Establishing Expiration Dates for Certificates of Recordation of Brands (1) Except as provided in subsection (2), when issuing a new certificate of recordation or when renewing an existing certificate of recordation, the department may establish or adjust the expiration date of the certificate as the department considers necessary to ensure that an approximately equal number of certificates will expire in each year of a four-year cycle. (2) Every certificate of recordation must have at least one expiration date in each four-year cycle. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 604.027(1) & 604.027(2) History: DOA 32-2003, f. & cert. ef. 9-12-03 DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03
603-014-0047 Renewal Fees for Certificates of Recordation of Brands (1) All certificates of recordation expire on their expiration dates, unless the department receives the renewal fee by the first January 4th that follows an attempt by the department to notify the holder of the need to renew. (2) The department will attempt to notify the holder during the September that precedes the expiration date of the certificate of recordation that the certificate needs to be renewed. (3)(a) The amount of the renewal fee depends on whether the new expiration date will be adjusted under OAR 603-014-0046. (b) If the new expiration date will not be adjusted, the certificate of recordation will be effective for four years and the amount of the renewal fee will be based on the species of livestock. For all livestock species except sheep, the renewal fee shall be $200. For sheep, the renewal fee shall be $40. (4) The department will mail the notifications described in this section to a holder of a certificate of recordation at the holder’s last known address as shown on the department’s records. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 604.027(1), 604.027(2) & SB 1019 (2025) History: DOA 24-2025, amend filed 10/15/2025, effective 10/15/2025 DOA 32-2003, f. & cert. ef. 9-12-03 DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03
603-014-0055 Service Fee (1) A service fee shall apply any time a livestock program employee travels specifically with the intent to conduct a brand inspection. (2) The service fee is $35 per travel location. (3) At the discretion of the livestock program, a waiting fee may apply any time livestock, or the responsible person, are unavailable at the scheduled inspection time or if there is an interruption of the inspection where a livestock program employee is unable to perform their inspection duties. The time spent waiting by the livestock program employee shall be considered waiting time. (a) The program employee must notify a representative of the person requesting the inspection of the initiation of waiting, (b) Waiting time shall be charged as detailed in section 6 of this rule. (4) Waiting time shall be charged in addition to any service fee incurred. (5) If a brand inspection has been scheduled and the person requesting the inspection is unavailable or unable to present livestock for inspection, the hourly inspector rate, including travel time and mileage associated with the scheduled inspection shall apply to the “no show” event. (a) Time spent traveling will be billed at the rate detailed in section 6 of this rule. (b) When travel is incurred, mileage will be charged at the rate per mile established by the Department of Administrative Services. (6) In situations where the inspection fee detailed in OAR 603-014-0095 is not applicable to the activity conducted by the livestock program employee, including, but not limited to waiting time or an inspection “no show”, rates are billed at $50 per hour rounded to the nearest quarter hour. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 604.046(2) History: DOA 17-2024, amend filed 09/05/2024, effective 10/01/2024 DOA 25-2022, amend filed 10/10/2022, effective 10/10/2022 DOA 6-2008, f. & cert. ef. 2-6-08 Reverted to DOA 12-2006, f. 6-7-06 cert. ef. 7-1-06 DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07 DOA 12-2006, f. 6-7-06 cert. ef. 7-1-06 DOA 14-1999, f. & cert. ef. 6-30-99
603-014-0065 Service Fee Exemptions The service fee required by OAR 603-014-0055 shall not apply to the following: (1) Cattle and equine that are presented for inspection at place where a livestock inspector is present and the owner or occupant of that place allows the use of their property to conduct the inspection. The service charge may or may not have already been paid by the person who caused the inspector to be at that place. (2) At auction markets where multiple inspectors are required to adequately inspect cattle prior to their sale, only one service fee will be charged per sale. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 604.046(2) History: DOA 6-2008, f. & cert. ef. 2-6-08 Reverted to DOA 14-1999, f. & cert. ef. 6-30-99 DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07 DOA 14-1999, f. & cert. ef. 6-30-99
603-014-0095 Brand Inspection Fee (1) The brand inspection fee for cattle shall be $1.75 per head. (2) The brand inspection fee for cattle hides shall be $1.50 per hide. (3) The brand inspection fee for self-inspection (E certificates) on cattle shall be $1.75 per head. (4) The charge for cattle transportation certificates printed by the Department shall be $3.50 per book plus postal or freight charges for shipping the requested certificate books sent first class or bulk rate based on weight. Statutory/Other Authority: ORS 561.075, ORS 604.027 & ORS 607.261 Statutes/Other Implemented: ORS 604.066 & SB 1019 (2025) History: DOA 24-2025, amend filed 10/15/2025, effective 10/15/2025 DOA 16-2025, temporary amend filed 07/03/2025, effective 08/01/2025 through 01/27/2026 DOA 17-2024, amend filed 09/05/2024, effective 10/01/2024 DOA 25-2022, amend filed 10/10/2022, effective 10/10/2022 DOA 19-2008, f. 9-10-08, cert. ef. 9-12-08 DOA 6-2008, f. & cert. ef. 2-6-08 Reverted to DOA 8-2003, f. 1-14-03 cert. ef. 1-15-03 DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07 DOA 8-2003, f. 1-14-03 cert. ef. 1-15-03 AD 6-1992, f. & cert. ef. 6-3-92 AD 12-1989, f. & cert. ef. 9-1-89 AD 3-1985, f. 1-23-85, ef. 2-1-85 AD 13-1983, f. 10-19-83, ef. 11-1-83 AD 15-1982, f. & ef. 11-1-82
603-014-0135 Brand Inspection System for Cattle Hides As provided by ORS 604.046(6), the system for brand inspection of cattle hides resulting from custom slaughtering operations shall be as follows: (1) Custom slaughtering establishments shall prepare the certificates and reports required by ORS 603.045. All hides shall be identified by application of a back tag or other identification device approved in writing by the Department. The back tag or device must be affixed to the hide with back tag glue or other manner approved in writing by the Department. (2) Custom slaughtering establishments shall disclose to the Department the identities and locations of the rendering plants or hide buyers to which they sell or deliver cattle hides resulting from their slaughtering operations. Brand inspection of cattle hides may then be performed at these identified places. In the event custom slaughtering establishments retain the cattle hides resulting from their slaughtering operations, or in the event the cattle hides are disposed of to tanneries, or to rendering plants or tanneries located outside this state, brand inspection of cattle hides shall then be performed at the custom slaughtering establishments with the fees therefore based upon the number of cattle hides inspected. The brand inspection of cattle hides may be random, select or complete, depending upon the number of hides available for inspection and the degree of ownership verification, but not less than 25% annually. (3) As provided by ORS 561.275, all rendering plants licensed under ORS 601.050, hide buyers, and all custom slaughtering establishment licensed under ORS 603.025, shall make their records relating to their acquisition and disposition of cattle hides available to the Department upon its request. (4) The fee for brand inspection of cattle hides shall be that set forth in OAR 603-014-0095. The fee for such inspections performed at rendering plants identified under section (2) of this rule shall be deducted from the sales prices due the custom slaughtering establishments from whom the cattle hides were obtained, and remitted to the Department on or before the fifth day of the month following the acquisition of such cattle hides. Statutory/Other Authority: ORS 561 & 604 Statutes/Other Implemented: ORS 604.071(5) History: DOA 6-2008, f. & cert. ef. 2-6-08 Reverted to DOA 26-2000, f. & cert. ef. 10-6-00 DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07 DOA 26-2000, f. & cert. ef. 10-6-00 DOA 15-1999, f. & cert. ef. 6-30-99 AD 9-1987, f. & ef. 6-24-87 AD 13-1983, f. 10-19-83, ef. 11-1-83
603-014-0205 Inspection Requirements Subject to OAR 603-014-0210, all cattle shall be inspected at any time there is a transfer of ownership in said cattle, by sale or otherwise. However, the buyer and seller of cattle may agree to have inspection of groups of cattle at a designated collection point at any time within 48 hours after the sale or other form of transfer of ownership has taken place. Statutory/Other Authority: ORS 561 & 604 Statutes/Other Implemented: ORS 604.046 History: AD 22-1981, f. & ef. 10-7-81 AD 1110(31-76), f. & ef. 10-4-76 AD 1022(12-74), f. 4-12-74, ef. 5-11-74
603-014-0210 Inspection Exemptions The brand inspection required by OAR 603-014-0205 shall not apply to the following: (1) Cattle that are: (a) Transported or moved directly (without diversion) to a licensed slaughtering establishment, licensed feedlot, or a licensed auction yard, where the regular brand inspection will be performed upon said cattle; and (b) Sold directly to the person causing such transportation or movement and such brand inspection referred to in subsection (a) of this section; and (c) The subject matter of an assurance given to the seller that such cattle are to be so brand inspected and transported or moved within eight days of the transfer of ownership. (2) Cattle, not to exceed fifteen head, that are sold by seller to the same person during a consecutive eight-day period, and for which an exemption certificate, prescribed by and obtained from the Department, has been issued to said purchaser with the fee paid therefore. An executed copy of said exemption certificate shall be submitted to the Department within eight days of the execution thereof. (3) Cattle that are handled by a custom slaughtering establishment wherein hide inspection and other requirements are performed. (4) Calves up to 30 days of age. Statutory/Other Authority: ORS 561 & 604 Statutes/Other Implemented: ORS 604.046 History: DOA 24-2021, temporary amend filed 10/18/2021, effective 10/19/2021 through 04/16/2022 DOA 12-2002, f. 4-5-02, cert. ef. 4-16-02 AD 22-1981, f. & ef. 10-7-81 AD 1110(31-76), f. & ef. 10-4-76 AD 1057(3-75), f. 4-17-75, ef. 5-11-75 AD 1022(12-74), f. 4-12-74, ef. 5-11-74