justicedao/ipfs_state_laws huggingface dataset:
603-011-1510 Procedure for Handling and Processing Claims for Indemnity Claims for indemnity for brucellosis or tuberculosis reactor animals must be completed by the official veterinarian or the person designated by the Department to perform the appraisal. The claim must be signed by the claimant or the claimaint’s authorized representative and must be forwarded to the Department at the earliest possible date. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.625 History: DOA 1-2024, renumbered from 603-011-0565, filed 01/03/2024, effective 01/03/2024 DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024 AD 3-1984, f. & ef. 1-20-84 AD 1000(14-73), f. 11-20-73, ef. 12-11-73 AD 858(30-67), f. 12-8-67, ef. 12-15-67
603-011-1610 Procedure for Official Vaccination – Brucellosis (1) As used in this rule "UM&Rs" means the most current version of Brucellosis Eradication: Uniform Methods and Rules produced by the United States Department of Agriculture. Brucellosis vaccination procedures, identification of vaccinated animals, and dosage for official calfhood vaccination and adult vaccination shall be those set forth in the UM&Rs. (2) Brucellosis vaccination shall be performed by an official veterinarian. (3) Veterinarians performing brucellosis vaccination must complete a Brucellosis Vaccination Record furnished by the Department, the original of which shall be mailed to the Department within 15 days of the date of vaccination, the second copy of which shall be given to the owner, and the third copy of which shall be retained by the veterinarian. (4) Official Calfhood Vaccinates are female cattle and bison vaccinated against brucellosis when more than four months of age and less than 12 months of age (120 days to 365 days) with an official dose of approved brucellosis vaccine as set forth in the UM&Rs. (5) "Official Oregon Mature Vaccinates" shall be vaccinated for brucellosis when aged more than 12 months. (6) Mature Vaccination Protocol (a) A blood sample shall be drawn at time of vaccination and sent for brucellosis testing at an official laboratory. (b) Mature vaccination dosage shall be 1cc (one cubic centimeter) of normally reconstituted RB51 brucellosis vaccine. (c) An official brucellosis vaccination steel identification tag shall be applied to the right ear of the vaccinated animal. (d) An official brucellosis tattoo shall be applied to the right ear of the vaccinated animal. The tattoo shall be the letter "M" followed by the official USDA vaccination shield followed by the last digit of the year of vaccination. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: 596.460 & ORS 596.040 History: DOA 1-2024, renumbered from 603-011-0525, filed 01/03/2024, effective 01/03/2024 DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024 DOA 18-2010, f. & cert. ef. 8-31-10 DOA 14-2001, f. & cert. ef. 7-9-01 DOA 7-2000, f. & cert. ef. 3-17-00 AD 12-1987, f. & ef. 11-19-87 AD 11-1984, f. & ef. 8-28-84 AD 3-1984, f. & ef. 1-20-84 AD 3-1981, f. & ef. 3-26-81 AD 1-1981, f. & ef. 1-9-81 AD 1000(14-73), f. 11-20-73, ef. 12-11-73 AD 879(9-68), f. & ef. 5-24-68 AD 866(2-68), f. & ef. 1-22-68 AD 858(30-67), f. 12-8-67, ef. 12-15-67
603-011-1725 Procedure for Official Test and Quarantine – Equine Infectious Anemia When, as a result of an Official Test for Equine Infectious Anemia virus (EIA), it is determined that any equidae is infected with equine infectious anemia, or that any equidae is a carrier of such disease, the following procedures shall immediately be carried out: (1) The equidae determined to be infected, or suspected to be infected, shall be: (a) Completely segregated from all other equidae in a secure stall or enclosure at a sufficient distance so as to prevent infection of other equidae by biting insects and shall be deemed to be quarantined and subject to the provisions of ORS 596.331; or (b) Put to death by humane methods and the carcass disposed of as the Department directs. (2) All equidae exposed to any equidae that has been determined to be infected or suspected to be infected, shall be immediately quarantined until they can be subjected to Official Tests for EIA as follows: (a) Immediately following determination that the equidae has been exposed to an equidae positive for EIA; and (b) After a minimum of 60 days following the last possible exposure to the infected animal. (3) Any offspring produced by a mare after determination that she is positive to an Official Test for EIA will be considered as exposed and subject to the provisions of section (2) of this rule. (4) No genetic material originating from an equidae of either sex determined by an Official Test for EIA to be positive may be used for reproductive purposes. Statutory/Other Authority: ORS 561.190 & 596.341 Statutes/Other Implemented: 596.392 & ORS 596.020 History: DOA 1-2024, renumbered from 603-011-0606, filed 01/03/2024, effective 01/03/2024 DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024 AD 10-1994, f. & cert. ef. 8-12-94 AD 6-1985, f. & ef. 7-17-85
603-012-0001 Definitions As used in OAR 603-012-0003 to 603-012-0027: (1) “Form 1-27” is a document prescribed by the Department which includes the description and identification of livestock, the name of the buyer of the livestock, the destination of the livestock for slaughter, and an acknowledgment from the designated slaughtering establishment that the described livestock had been received. (2) “Slaughtering establishment” means an establishment as defined in ORS 603.010(5), required to be licensed under ORS 603.025(4)(c) or (d). Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.331 History: AD 3-1984, f. & ef. 1-20-84 AD 1-1981, f. & ef. 1-9-81 AD 902(8-69), f. 7-15-69, ef. 8-1-69 AD 850(22-67), f. 9-5-67, ef. 9-13-67
603-012-0003 State Bonds: When Required by Livestock Auction Markets (1) The provisions of this section which are required by House Bill 1242 (also cited as Chapter 368, Oregon Laws 1967) apply only to those livestock auction markets that have not as yet qualified under or are subject to the provisions of laws or regulations of the federal Packers and Stockyards Act and who have not obtained and are maintaining the federal bonds required thereunder. (2) Except as hereinafter otherwise provided, the owner or operator of a livestock auction market shall obtain and maintain a state bond with the Department, the amount or size of which shall be not less than the next multiple of $2,000 above the average amount of sales of livestock by such market during a period equivalent to two (2) business days based on the total number of business days, and the total amount of such transactions in the preceding 12 months or in such substantial part thereof in which such market did business, if any. (3) For the purpose of such computation, 260 shall be deemed the number of business days in any year. The amount of the bond shall be determined by dividing the total value of the livestock sold by the livestock auction market, during the preceding 12 months or any substantial part thereof as the market was engaged in business, by the actual number of sales by auction or on commission at which livestock was sold, but in no instance shall the divisor be greater than 130. (4) Bonds in an amount above $26,000 shall be not less than the next multiple of $5,000 above the average amount of sales of livestock, computed as set forth above in this section. (5) When the amount of a bond for any livestock auction market, calculated as set forth above in this section exceeds $50,000, the amount of the bond need not exceed $50,000 plus 10 percent of the excess, unless the Department pursuant to OAR 603-012-0005, has reason to believe a bond in the computed amount is inadequate. (6) Notwithstanding the other provisions of this rule, in no case shall a bond for a livestock auction market be less than $10,000. (7) If an applicant for a license to operate a livestock auction market has been licensed during the past three years and has engaged in the operation of a livestock auction market in Oregon, the value of the livestock sold, at such previous other location, may be used by the Department in computing the bond (providing the previous operation or amount of business is representative of the future business or operation). If the applicant for a license and bond is a successor in business to an owner or operator of an existing livestock auction market, the bond of the applicant shall be in an amount not less than that required of the prior licensee, unless otherwise determined by the Department. Statutory/Other Authority: ORS 596, 597 & 599 Statutes/Other Implemented: ORS 599.245 History: AD 850(22-67), f. 9-5-67, ef. 9-13-67
603-012-0005 State Bonds: In Special Circumstances Whenever the Department has reason to believe that any bond filed or maintained under OAR 603-012-0003 is inadequate to secure the performance of the obligations or responsibility of an owner or operator of such market under ORS 599.245, the Department shall in writing give such owner or operator at least 20 days prior notice of the need to obtain a larger bond. Failure to obtain the increased or larger bond in the amount established by the Department, may in the option of the Department be grounds for suspension of the license issued to such owner or operator, or other legal action, until such time as the required bond is obtained. Statutory/Other Authority: ORS 596, 597 & 599 Statutes/Other Implemented: ORS 599.245 History: AD 850(22-67), f. 9-5-67, ef. 9-13-67
603-012-0007 Furnishing of Financial Statements (1) The provisions of this section do not apply to a livestock auction market operating under the federal Packers and Stockyards Act. (2) A complete and accurate financial statement shall be furnished to the Department by an owner or operator of a livestock auction market: (a) At the time an application for a license is furnished to the Department by an applicant desiring to operate a new market, or to take over or operate an existing livestock auction market; (b) At the time an application for renewal of a license is forwarded to the Department; (c) At such other times as the Department deems necessary to enable it to carry out its duties and responsibilities under ORS Chapter 599. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 599.406 History: AD 3-1984, f. & ef. 1-20-84 AD 850(22-67), f. 9-5-67, ef. 9-13-67
603-012-0009 Chutes for Inspecting Livestock for Brands or Marks of Identification (1) Chutes for the inspecting of livestock for brands or marks of identification, as authorized or required under ORS Chapter 604 or other laws enforced by the Department, shall be constructed so that inspection of animals can be made from either side. Solid walls on chutes shall not extend higher than 30 inches above the floor of the chute. The portion of the chute above 30 inches shall be constructed of either cable, pipe, or poles. (2) Drop gates shall be provided in chutes for stopping animals. The first gate at the head of the chute shall be spaced to handle one animal and additional gates shall be spaced no farther than 22 feet apart. Adequate lighting shall also be provided. (3) Where a roof is deemed necessary by the Department to protect its employees or others who are required to work around the chute, or to protect the equipment or materials used by them, the roof shall be built over the chute. Electrical outlets for the use of electric clippers shall be provided at intervals along the chute. (4) Chutes for inspecting livestock for brands or marks of identification shall be thoroughly cleaned after each sale. Statutory/Other Authority: ORS 596, 597 & 599 Statutes/Other Implemented: ORS 599.305 History: AD 959(25-71), f. 11-29-71, ef. 12-15-71 AD 850(22-67), f. 9-5-67, ef. 9-13-67
603-012-0011 Catching Chutes for Livestock Disease Purposes (1) Each livestock auction market shall maintain one or more catching chutes for testing, treating, or examining livestock for disease purposes. (2) Chutes shall be constructed of strong materials equipped for segregation of livestock, headed by a stanchion, permitting free access to livestock and constructed to provide shelter from the elements as well as prevent danger of physical injury to employees or veterinarians. (3) Chutes and access alleys to the chutes shall be floored with concrete or other impervious material and otherwise constructed to permit thorough cleaning, drainage, and disinfecting thereof, and shall be thoroughly cleaned and disinfected after each sale. The construction of floors of catching chutes and access alleys shall be approved by the Department. (4) Chutes shall be lighted sufficiently to permit the proper examination and treatment of livestock. (5) Chutes shall be of such number and so located within the market area to permit ready access by livestock at all times. Statutory/Other Authority: ORS 596, 597 & 599 Statutes/Other Implemented: ORS 599.305 History: AD 1-1981, f. & ef. 1-9-81 AD 959(25-71), f. 11-29-71, ef. 12-15-71 AD 850(22-67), f. 9-5-67, ef. 9-13-67
603-012-0012 Animal Health Inspection — General Rules (1) Inspection of animals at livestock auction markets is for the purpose of assuring that such animals will not knowingly be a source of infection to other animals in Oregon or other states to which they may be exported. (2) The inspection of animals for the purpose of section (1) of this rule will be under the supervision of the livestock auction yard management. (3)(a) The operator of the livestock auction yard shall employ a Deputy State Veterinarian for the inspection of livestock presented for sale; except (b) If the auction yard operator is unable to obtain the services of the Deputy State Veterinarian and the Department after thorough investigation determines that the operator has tried in good faith to obtain such services, the Department may furnish a qualified person to make an initial inspection of livestock presented for sale. When the qualified person determines there is doubt of the health status of an animal, he will at once require the operator to obtain the services of a qualified veterinarian as required by ORS 599.335. The animal or animals determined by the qualified person to need veterinarian inspection will be placed in isolation pens and will remain there until disposition is determined by the veterinarian. The auction yard operator will be responsible for all costs incurred by the Department through use of the qualified person and the veterinarian. (4) The auction yard operator or his employees shall notify the Deputy State Veterinarian of any sick, injured or dying animals (including “cancer-eye” cattle). (5) The auction yard operator shall consult with the Deputy State Veterinarian when the Deputy State Veterinarian exercises his authority to deny access to the auction yard of sick, injured or dying animals. (6) The auction yard operator or his employees will assist the Deputy State Veterinarian and Department Brand Inspectors in assuring that all animals originating in other states have complied with Oregon import regulations or with regulations imposed by the Code of Federal Regulations (9 CFR). (7) Any authorized agent or employee of the Department may at any reasonable time enter any livestock auction yard and examine it or the livestock therein to determine compliance with applicable regulations of ORS Chapters 596, 603, 604, or 619. (8) The responsibility for compliance with the laws relating to livestock auction markets and for the regulations promulgated thereunder relating to livestock disease, sanitation, inspection, and other regulations promulgated under the provisions of ORS Chapters 596, 599, and 604 is the responsibility of, and rests with the livestock auction market licensee. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 599.335 History: AD 3-1984, f. & ef. 1-20-84 AD 1-1981, f. & ef. 1-9-81
603-012-0013 Quarantine Areas and Pens A quarantine area shall be constructed and maintained in each livestock auction market as follows: (1) A pen or pens shall be so located within the market area or zone and so constructed as to prevent direct physical contact between quarantine animals and healthy animals. (2) The pens in the quarantine area shall be floored with concrete or other impervious material and have at least two degree slope to a drain. The drain shall be so constructed that all fluids collected in the quarantine pen shall flow out of the pens into a confined area that will prevent contamination of any other area. (3) Each such pen shall be surrounded by an impervious wall at least five feet in height covered where the floor and the wall meet, to prevent pools of liquid from collecting. The door into such pens shall be solid, close fitting, and constructed at the opening to prevent liquids from flowing from the pen into access alleys or other parts of the market area or zone. (4) No livestock excreta from quarantine areas or pens shall be disposed of in any place or in any manner which may contaminate other livestock. Statutory/Other Authority: ORS 596, 597 & 599 Statutes/Other Implemented: ORS 599.295 History: AD 850(22-67), f. 9-5-67, ef. 9-13-67
603-012-0015 Cleaning and Disinfecting Livestock Auction Markets (1) Pens and alleyways in the livestock auction markets shall not contain accumulations of manure, trash, and other extraneous material and shall be kept clean. Pens and alleyways shall be kept free of accumulations of mud and standing water. No unconfined animals or poultry shall be allowed within the confines of a livestock auction market: (a) In carrying out and enforcing the intent and purpose and provisions of this subsection, the Department will do so by inspection of each such market and the inspection reports and/or orders relating to and covering each such market on its own merits. This is necessary as it is recognized by the Department, the auction market industry, and the livestock owners that many unforeseen or unusual conditions or extenuating circumstances may exist. The owner or operator of each such market shall comply with the requests and orders of the Department; (b) In making its inspections of market pens and alleyways, in writing its inspection reports, and/or the issuance of applicable orders, the Department will take into consideration: (A) Existing and immediately past weather or unusual unforeseen conditions; (B) The type of surfacing of pens and alleyways, such as hard materials (cement, asphalt, etc.) or nonhard materials (ground, gravel, sawdust, etc.); (C) The use to which a pen or alleyway is put; to contain animals which are destined for sale, or used only for holding purposes, or any other customary use; and (D) Other reasonable factors or conditions. (2) 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 alley shall be sloped or otherwise constructed to permit adequate drainage. Such pens and alleyways and also fences, food racks, and watering troughs shall be constructed so as to allow proper cleaning and sanitation. After each use, all dairy, hog, baby calf pens, and all quarantine, testing, and treating pens shall be thoroughly cleaned, and all such places or areas shall be disinfected with a disinfection solution approved by the Department. Materials for disinfecting and the labor and other work involved in such cleaning and disinfecting, shall be furnished and paid for by the licensee owning or operating the livestock auction market. (3) All livestock watering facilities in use at a livestock auction market in the market area or zone, shall be drained and cleaned to assure maintenance in a sanitary manner. The area immediately surrounding watering tanks shall be drained or filled to avoid accumulation of water. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 599.285 History: AD 3-1984, f. & ef. 1-20-84 AD 959(25-71), f. 11-29-71, ef. 12-15-71 AD 902(8-69), f. 7-15-69, ef. 8-1-69 AD 850(22-67), f. 9-5-67, ef. 9-13-67
603-012-0017 Livestock Placed in Quarantine Pens All livestock placed in quarantine pens shall be handled as follows: (1) Such livestock shall be sold at the end of the sale without contamination or contact by such livestock with healthy livestock. Before and during the sale, each such animal shall be clearly and legibly marked with the letter “S” (for slaughter only) by means of crayon or other substance. (2) The purchaser of livestock sold for immediate slaughter shall deliver them or cause them to be delivered to a slaughtering establishment where such livestock shall remain until slaughtered. This delivery shall be accompanied by Form 1-27 (or its equivalent Department al form) in the same manner as prescribed for “slaughter only” livestock in OAR 603-012-0024(1). Statutory/Other Authority: ORS 596, 597 & 599 Statutes/Other Implemented: ORS 599.295 History: AD 1-1981, f. & ef. 1-9-81 AD 959(25-71), f. 11-29-71, ef. 12-15-71 AD 902(8-69), f. 7-15-69, ef. 8-1-69 AD 850(22-67), f. 9-5-67, ef. 9-13-67
603-012-0019 Identification and Disposition of Brucellosis Reactors Brucellosis reactors at a livestock auction market shall be branded and tagged and sold only for immediate slaughter to a slaughtering establishment. The Form 1-27 (or its equivalent departmental form) shall accompany such animals to slaughter as prescribed in the UM&Rs. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 599.490 History: AD 3-1984, f. & ef. 1-20-84 AD 1-1981, f. & ef. 9-1-81 AD 1019(9-74), f. 2-20-74, ef. 3-11-74 AD 959(25-71), f. 11-29-71, ef. 12-15-71 AD 902(8-69), f. 7-15-69, ef. 8-1-69 AD 850(22-67), f. 9-5-67, ef. 9-13-67
603-012-0021 Backtagging Eligible cattle destined for slaughter at all livestock auction markets must be identified by a Department approved backtag applied by auction market personnel under the supervision of a brand inspector or other authorized Department representative before such cattle leave the market zone. Backtags shall be applied in such a manner and location as specified by the Department. The backtags and glue for application may be furnished by the Department at no cost to the livestock auction market. Statutory/Other Authority: ORS 596, 597 & 599 Statutes/Other Implemented: ORS 599.490 History: AD 850(22-67), f. 9-5-67, ef. 9-13-67