justicedao/ipfs_state_laws huggingface dataset:
603-014-0310 Permits to Use Out-of-State Livestock Brands and the Conditions and Fees for Such Use (1) When an out-of-state brand is unavailable for recording due to its similarity to other brands recorded in Oregon, a permit to use such a brand shall be required. (2) A permit to use a brand not recorded in Oregon shall be issued by the Department of Agriculture, acting through the Livestock Health and Identification Division, under the following conditions: (a) The brand to be used must be currently registered in another state; (b) The applicant must submit a facsimile (tracing) of the branding iron to be used; (c) Permits shall be valid for eight months from the date of issue. A permit may be renewed once for a period of no greater than four months. In no event will permits be valid for longer than 12 months. Thereafter, continued use of the brand will require a new permit; (d) Animals to be branded must be brand inspected before the out-of-state brand is applied. The usual brand inspection fee shall apply; (e) If animals are branded at an auction market where brand inspection has occurred, no additional brand inspection fee shall be charged; (f) Change of ownership brand inspection is required within eight days of the transfer. If rebranding takes place when its inspection occurs, no additional brand inspection shall be charged. However, if cattle are branded at a later time, another inspection shall be required and the usual fee shall apply; (g) A $60 processing fee shall be charged for a permit; a $5 fee shall be charged for processing a renewal of the permit. (3) A permit shall not be issued to an out-of-state brand owner pasturing livestock in the same Oregon county as the owner of the Oregon conflicting brand. (4) A Supervising Livestock Brand Inspector may authorize the use of an out-of-state brand at the time of brand inspection. Upon verifying the brand is currently registered in another state, the inspector will collect the $60 fee, brand facsimile and permit application and forward these items to the Brand Recorder for processing. If the brand is available for recording in Oregon, registration documents will be issued. If the brand is not available for recording in Oregon, the out-of-state brand permit will be issued. Statutory/Other Authority: ORS 561.190 & 604.071 Statutes/Other Implemented: ORS 604.071 History: AD 23-1993, f. & cert. ef. 12-21-93 AD 4-1988, f. 4-5-88, cert. ef. 4-15-88
603-015-0025 Definitions As used in OAR 603-015-0025 to 603-015-0060: (1) “Animal Pounds” or “Animal Shelters” means any establishment maintained by public funds, private funds, or a combination of public and private funds, that uses such establishment for holding pet or captive animals for disposition by gift, treatment and care, euthanasis, sale, or exchange. (2) “Boarding Kennels” means an establishment operated and maintained for the care or custody of pet animals for boarding, training, or similar purposes, for varying periods of time, for profit or compensation. (3) “Commercial Kennels” means an establishment operated and maintained for the purpose of breeding, buying, selling, or bartering of pet animals for profit or compensation. (4) “Establishment” includes, in connection with the operation or ownership of a business of a boarding kennel, commercial kennel, grooming parlor, pet shop, animal pound, or animal shelter: (a) Any room, building, structure, or place; and (b) All equipment, machinery, fixtures, articles, and materials; and (c) The ground upon which such place or business is located and such ground or area which is a part of the business, or used by the owner or operator in carrying out such business. (5) “Grooming Parlor” means any establishment that bathes, clips, pedicures, or grooms any pet or captive animal for profit or compensation. (6) “Pet Animal” or “Pet Animals” means any animal held, maintained, or kept in captivity. (7) “Pet Shop” or “Animal Dealer” means an establishment operated and maintained for buying or receiving pet animals, and thereafter exhibiting or offering for sale, or selling, trading, or bartering such animals. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.020 History: AD 8-1984, f. & ef. 5-23-84
603-015-0030 Intent and Purpose It is the intent and purpose of the provisions of OAR 603-015-0025 to 603-015-0060 to verify and require that all measures and procedures are maintained and taken to eradicate and control diseases in pet animals, and/or the diseases in pet animals which may be transferable or transmissible from pet animals to other animals or persons. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.020 History: AD 8-1984, f. & ef. 5-23-84
603-015-0035 General Requirements (1) Any person who is engaged in the business of a boarding kennel, commercial kennel, pet shop, animal pounds, animal shelters, or grooming parlors, shall comply with the provisions of OAR 603-015-0025 to 603-015-0060. All such provisions apply to such businesses and to the owners or operators thereof. (2) An individual, family, or groups of associations who do not fall within the meaning and definition of a boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter or grooming parlor, owner or operator, shall also reasonably comply with the provisions or OAR 603-015-0025 to 603-015-0060, in the handling, care, and keeping of pet animals under their ownership care, or custody. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.020 History: AD 8-1984, f. & ef. 5-23-84
603-015-0040 Facilities — Indoors (1) Structural strength of facilities for housing pet animals shall be sound, in good repair to prevent injuries, contain the animal, and prevent the entrance of other animals. (2) Electric power and a potable water supply shall be available. Lighting, artificial and natural, shall be of good quality and well distributed. (3) Isolation — Facilities must be available for the isolation and treatment of pet animals suspected of harboring communicable diseases. (4) Storage — Facilities shall be provided for the storage of equipment and to protect food and bedding against vermin infestation and contamination. (5) Waste Disposal: Provision for the removal and disposal of excreta, bedding, dead animals, shall be made. Disposal facilities shall be constructed and operated in such manner as to minimize disease hazards, offensive odors, and vermin infestation. (6) Facilities for wash rooms: Basins and sinks shall be provided for cleanliness of caretakers, and sanitization of feeding utensils. (7) Ventilation: Provisions and facilities for adequate ventilation to insure the exhausting of stale air, excess humidity, and kennel odors, shall be made and maintained. Temperatures of 70°F to 75°F are recommended within practical limits. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.020 History: AD 8-1984, f. & ef. 5-23-84
603-015-0045 Facilities — Outdoors Shall offer shade against sun, shelter against rain, snow, and wind; sufficient protection for pet animals against cold and inclement weather, and adequate drainage to eliminate excessive water in the runs. Adequate space should be allowed in outside houses and cages to permit the animal to stand, turn around, and lie down, without obstructing freedom of movement. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.020 History: AD 8-1984, f. & ef. 5-23-84
603-015-0050 Health and Husbandry Practices (1) Pet animals shall be fed a food that is palatable, wholesome, and meets minimal daily nutritional requirements. Ground or kennel surface feeding is not permitted. Feed pans and receptacles shall be washed and sanitized after each feeding. Self feeders will be cleaned and sanitized as often as necessary to prevent molding or deterioration of the contents. (2) Fresh potable water will be offered at least twice daily and more often if weather conditions warrant. More water is required in hot weather. (3) Sanitation: Excreta will be removed from runs, cages, pens, daily and more often if necessary. Runs and enclosures will be sanitized once weekly by cleaning and using a safe and effective disinfectant and changing soil or litter as often as it becomes soiled. Premises will be kept clean and free from trash and facilities will be maintained in good order to prevent injury to animals and offer them proper protection against inclement weather. (4) Sick animals. Pet animals that are quarantined or under treatment for communicable diseases shall be isolated in such place that healthy animals are not exposed. (5) Importation: In accordance with OAR 603-011-0250 through 603-011-0382 and ORS 596.341 and other laws or regulations thereunder. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.020 History: AD 8-1984, f. & ef. 5-23-84
603-015-0055 Animals in Transit (1) Pet animals when required to be shipped in crates shall be transported in crates constructed of a smooth, durable material which is easily cleaned and shall: (a) Have a solid floor which may have a false bottom; (b) Be so constructed as to provide maximum safety for the particular animal or animals being transported; (c) Have openings on two sides to assure adequate ventilation; (d) Crates shall be so constructed that food or water may be put through a small-type door without removing the animal from the crate in order that caretakers may feed and water when required; (e) Care and feeding instructions should be written out by the shipper and attached to the crate. Other precautions in handling the animal should also be given in case it becomes necessary to move the animal from the crate. (2) In all cases the crates shall be large enough to provide space for the pet animals to lie down in extended position and to allow ease of movement when standing or turning around. When the temperature is over 85°F, increased space shall be provided to within reason. (3) The crate shall be cleaned before use for each trip. (4) Food and water containers shall be cleaned and sanitized before each trip. (5) If bedding is used it shall be clean, dry, and dust free. (6) The person or persons responsible for the welfare of the pet animal or animals while in transit shall: (a) Offer the pet animal food at least once every 24 hours; (b) Offer all pet animals water at 12 hour intervals at least, except that water shall be offered at four-hour intervals when the temperature reaches 90°F or above; (c) Inspect each pet animal at four-hour intervals or oftener. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.020 History: AD 8-1984, f. & ef. 5-23-84
603-015-0060 Records (1) A record of each sale shall be maintained by the owner or operator of each boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter, for a minimum period of 12 months after date of sale or transfer of a pet animal and shall include the date of sale, age, breed, indication of sex of animal sold, name and address of the purchaser, source, and breeder. (2) If records of prophylactic medication are used in advertising or are furnished the purchaser or person acquiring a pet animal, specific information regarding type, amount, and date of prophylactic medication shall be kept by the owner or operator of each boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter, and shall become a part of the sales record. (3) Upon request from the purchaser, such owner or operator of each boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter, or his representative, shall furnish the purchaser with a record as outlined in section (2) of this rule. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.020 History: AD 8-1984, f. & ef. 5-23-84
603-015-0065 Penalties Applicable penalties as set forth in ORS 596.990 apply to any person violating the provisions of OAR 603-015-0025 to 603-015-0060. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.990 History: AD 8-1984, f. & ef. 5-23-84
603-015-0075 Intent and Purpose The intent and purpose of OAR 603-015-0075 to 603-015-0110 is to ensure that all animal rescue entities comply with record keeping and licensing requirements. Statutory/Other Authority: ORS 609.415, 561 & 596 Statutes/Other Implemented: ORS 609.415 & 609.420 History: DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020
603-015-0090 Record keeping (1) A record of each animal shall be maintained by the animal rescue entity for the entire time that the animal rescue has legal custody of the animal and for a minimum period of 12 months after date of disposition or transfer of legal custody of the animal. (2) The record kept by the animal rescue entity shall include: (a) The date the animal rescue entity obtained legal custody of the animal (b) The source of the animal including name, street address, and telephone number of the person or entity from whom the animal was obtained; (c) A description of the animal’s appearance and characteristics at intake including all unique identification, present age, sex, species, breed type, weight, and condition of animal; (d) A photograph of the animal taken within 24 hours of intake; (e) If applicable, the number of offspring the animal produced while in the legal custody of the animal rescue entity; (f) Each location where the animal was held while in the legal custody of the animal rescue entity, including the date(s) the animal was held at the location, the physical address of the location, and the name and telephone number of the person or entity responsible for that location. (g) If applicable, the manner of disposition of the animal including transfer of legal custody to another animal rescue entity or organization, date of disposition, the name, address, and telephone number for any person or entity taking legal custody of an animal; (h) A record with the animal’s microchip or other unique identification; (i) If applicable, all medications and treatments administered while the animal is in the legal custody of the animal rescue entity, including type, amount, and date of medication administered; and (j) If applicable, copies of certificates of veterinary inspection, proof of rabies vaccination, and other required documents demonstrating proof that imported animals from out-of-state or from an international source have met Oregon import requirements as per pertinent provisions in ORS chapter 596 and OAR chapter 603, division 011. Statutory/Other Authority: ORS 609.415, 561 & 596 Statutes/Other Implemented: ORS 609.415 & 609.420 History: DOA 20-2023, amend filed 05/11/2023, effective 05/15/2023 DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020
603-015-0095 Investigations (1) The purpose of an investigation under this rule is to determine whether the animal rescue entity is subject to or in compliance with the requirements of ORS 609.415 and OAR 603-015-0075 to OAR 603-015-0110. (2) The Department may conduct an inspection of an animal rescue entity at any time during normal business hours. ORS 561.275. The Department may request any reports, information, or records from the animal rescue entity. (3) An animal rescue entity shall allow the Department to inspect reports, information, or records of the animal rescue entity upon request and shall furnish any reports, information, or records requested by the Department. The Department may issue subpoenas to require the production of reports, information, or records. ORS 561.279. (4) The Department may seek and obtain a warrant to conduct an investigation or inspection or obtain reports, information, or records under this rule. (5) When conducting an investigation or inspection pursuant to this rule, the Department may seize any evidence or report any other violations that it observes or otherwise discovers. Statutory/Other Authority: ORS 609.415, 561 & 596 Statutes/Other Implemented: ORS 609.415 & 609.420 History: DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020
603-015-0100 Enforcement Actions (1) The Department may take the following enforcement actions against an animal rescue entity, either individually or in combination, and in any order whatsoever: (a) Issue a notice of violation for any violations under OAR 603-015-0075 to OAR 603-015-0110. Each animal involved and each day of a violation constitutes a separate violation. A plan of correction will accompany a notice of violation. A plan of correction will include the following: (A) A statement of the actions that must be taken by the animal rescue entity to eliminate the violation. (B) Requirements for the animal rescue entity to report the completion of specific actions. (C) A reasonable period of time by which compliance is to be achieved not to exceed 30 business days after service of the notice of violation, or if the violation requires more than 30 days to correct, a period of time contained in a plan of correction acceptable to the Department. If compliance is not achieved within the specified time frame, additional regulatory action may be taken by the Department including but not limited to license revocation, impoundment of animals, a civil penalty, or additional civil penalties. (b) Refuse to issue or renew, suspend, or revoke an animal rescue entity’s license. (c) Issue an order impounding animals. A violation may result in impoundment of any or all animals kept, housed, or maintained under the animal rescue entity’s legal custody. Impoundment costs incurred by the Department will be charged to the animal rescue entity. The location and manner of impoundment will be at the discretion of the Department. (d) Issue a civil penalty for each violation. (e) Take any other enforcement action allowed by law. (2) The following orders are contested case orders: a notice of violation; a refusal to issue or renew, suspend, or revoke an animal rescue entity’s license; and a notice of imposition of civil penalty. These orders shall comply with ORS 183.415 and other applicable provisions of the Oregon Administrative Procedures Act and its implementing regulations and any other Department laws or regulations relating to such orders. An animal rescue entity shall have the right to judicial review of such orders pursuant to ORS 183.482. (3) An impoundment order is an order in other than contested case. An animal rescue entity shall have the right to judicial review of an impoundment order pursuant to ORS 183.484. (4) At the discretion of the director, the Department may settle cases when circumstances deem it appropriate. Statutory/Other Authority: ORS 609.415, 561 & 596 Statutes/Other Implemented: ORS 609.415 & 609.420 History: DOA 20-2023, amend filed 05/11/2023, effective 05/15/2023 DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020
603-015-0105 Assessing a Civil Penalty (1) In assessing a civil penalty, the Department shall assess a civil penalty of not more than $500 for each violation against an animal rescue entity for failure to comply with the provisions of ORS 609.415 and OAR 603-015-0075 to OAR 603-015-0110. (2) In determining the amount of a civil penalty to be assessed for a violation, the Department shall consider the degree and extent of harm or risk of harm caused by the violation including factors such as record of previous violations, and the size of the animal rescue entity. The following violation matrix shall be used to determine the base penalty, “B,” in the formula set forth in OAR 603-015-0110: [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 609.415, 561 & 596 Statutes/Other Implemented: ORS 609.415 & 609.420 History: DOA 20-2023, amend filed 05/11/2023, effective 05/15/2023 DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020
603-015-0110 Civil Penalty Determination Formula The Department will use the following formula to calculate the civil penalty assessed: B + [ (0.1 X B) (P + S)], where: (1) B = Base penalty from matrix: Category 1 = $250; Category 2 = $150; Category 3 = $75. (2) P = Past occurrence of violations within the past 5 years. P will be weighted from 0 to 6 in the following manner: 0 = No prior violations or insufficient evidence on which to base a finding; 1 = Past occurrence of one Category 3 violation; 2 = Past occurrence of one Category 2 violation or two Category 3 violations; 3 = Past occurrence of one Category 1 violation, two Category 2 violations, or three Category 3 violations; 4 = Past occurrence of two Category 1 violations, three Category 2 violations, or four Category 3 violations; 5 = Past occurrence of three Category 1 violations, four Category 2 violations, or five or more Category 3 violations; 6 = Past occurrence of more than three Category 1 violations or five or more Category 2 violations. (3) S = Size of rescue entity, the number of animals in the entity’s legal custody. S will be weighted from 0 to 4 in the following manner: 0 = Small rescue entity (25 or fewer animals); 2 = Medium rescue entity (26 to 100 animals); 4 = Large rescue entity (greater than 100 animals). Statutory/Other Authority: ORS 609.415, 561 & 596 Statutes/Other Implemented: ORS 609.415 & 609.420 History: DOA 20-2023, amend filed 05/11/2023, effective 05/15/2023 DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020
603-015-0500 Definitions As used in ORS 609.335(3) and in OAR 603-011-0705 to 603-011-0725, unless the context requires otherwise: (1) "Exotic animal" has the meaning given by ORS 609.305. (2) "Facility" means the cage(s), compound(s), room(s), building(s), or other premises specified in a Permit in which the exotic animal(s) is/are to be confined or maintained. (3) "Keep" does not include the temporary holding of an exotic animal at an animal shelter operated by a city or county, or the immediate transportation of an abandoned, neglected or abused exotic animal to such a Facility. (4) "Permit" means a document issued by the Department which authorizes (subject to other laws) the Permittee to keep one or more specified exotic animals in captivity at a Facility for a stated period of time. (5) "Permittee" means the person authorized by a Permit to keep an identified species of exotic animal. (6) "Species" means the class of an exotic feline, non-human primate, exotic canine,or any exotic bear or any crocodilian. (7) “Hybrid” means any animal that is produced by crossing at least one exotic animal with any other species of subspecies. (8) “Domestic animal” means domestic cat (Felis catus), domestic dog (Canis familiaris) and does not include livestock as defined in ORS 607.125 Statutory/Other Authority: ORS 561 & 609 Statutes/Other Implemented: 609.335 & ORS 609.305 History: DOA 39-2023, renumbered from 603-011-0700, filed 10/31/2023, effective 10/31/2023 DOA 8-2010, f. & cert. ef. 2-10-10 DOA 30-2000, f. & cert. ef. 11-6-00 DOA 8-1998, f. & cert. ef. 9-14-98 Reverted to AD 9-1986, f. & ef. 5-27-86 AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98 AD 9-1986, f. & ef. 5-27-86
603-015-0505 Hybrid Crossed Animals For the purposes of OAR 603-011-0705–603-011-0725, any hybrid animal that is produced by crossing a domestic animal and an exotic animal shall be regulated according to the laws governing domestic animals and not subject to exotic animal permit by the Department. Statutory/Other Authority: ORS 561 & 609 Statutes/Other Implemented: 609.335 & ORS 609.305 History: DOA 39-2023, renumbered from 603-011-0701, filed 10/31/2023, effective 10/31/2023 DOA 8-2010, f. & cert. ef. 2-10-10