justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 596 — . Disease

ORS 596.392. Authority of department relating to disease control. The State Department of Agriculture may order and compel: (1) The destruction or treatment of any livestock that may be infected with, exposed to or may be a carrier of a disease. (2) The destruction of feed, bedding and watering and feeding troughs or receptacles, feed racks, bins, sheds or any similar property which is or may have been contaminated with a disease and may be capable of causing the transmission of the disease to other livestock, if such property cannot be disinfected or otherwise treated to adequately and effectively destroy the causative disease agent. (3) The disposal of the carcasses of livestock which have been ordered destroyed by the department in a manner which will effectively prevent the further spread of a disease. (4) The summary quarantine of any livestock which may be infected with, exposed to or the carrier of a disease and may subject such livestock to any test, treatment or other action as the department orders as a condition for release from quarantine. (5) The summary quarantine of any premises or vehicles where any livestock infected with, exposed to or a carrier of a disease are or have been confined. (6) The thorough cleaning and disinfecting of all premises or property that may be contaminated with a disease and which may be capable of causing its transmission to other livestock. The department shall prescribe the method and procedures by which such cleaning and disinfecting shall be accomplished.
ORS Chapter 596 — . Disease

ORS 596.393. Burning or burial of carcasses to control disease. (1) An authorized representative of the State Department of Agriculture may cause the burning or burial of carcasses of animals that have died or been destroyed because of an animal disease emergency. The burning or burial shall take place at the location where the death or destruction occurred or at a site approved by the State Veterinarian. The carcasses, including those that are burned, shall be disposed of as described under ORS 601.090 (7). (2) The department shall notify state health and environmental agencies of an intended action under subsection (1) of this section. (3) As used in this section, animal disease emergency means the occurrence of a disease that the department determines has potentially serious economic implications for the livestock industries of this state. [1999 c.104 1] Note:
ORS Chapter 596 — . Disease

ORS 596.394. Summary quarantine of livestock and contaminated property imported into state from quarantined area; release thereof. (1) The State Department of Agriculture may order summary quarantine of any livestock and any property contaminated with disease or capable of transmitting the disease to other livestock or humans which have been imported into this state from any area under quarantine by the United States Department of Agriculture or by the state or territory of origin, if such livestock or property was removed from such area in violation of the rules of the United States Department of Agriculture or of the state or territory of origin. (2) The department shall impose such conditions for release of quarantined livestock or property, not inconsistent with the rules of the United States Department of Agriculture, as are necessary to prevent the entry and spread of disease in this state. (3) The department may also release quarantined livestock and property which were imported to the custody of the United States Department of Agriculture.
ORS Chapter 596 — . Disease

ORS 596.396. Length of quarantine; payment of expense of cleaning and disinfecting. (1) Any quarantine imposed by the State Department of Agriculture pursuant to ORS
ORS Chapter 596 — . Disease

ORS 596.400. [Repealed by 1953 c.689 13]
ORS Chapter 596 — . Disease

ORS 596.402. Authority to summarily quarantine areas; notice. (1) The State Department of Agriculture may also summarily quarantine any legally described area of this state and prohibit or otherwise restrict any movement of livestock, vehicles, persons or things into or out of the area as the department deems necessary for the eradication or control of a disease in the area, or for the prevention of the spread of a disease into other areas of this state. (2) No later than seven days after imposing a quarantine under this section, the department shall give notice of the quarantine by publication in a newspaper of general circulation in the quarantine area and by one or more additional methods that reasonably ensure that affected persons and other members of the public have knowledge of the quarantine. (3) The provisions of ORS 561.510 to 561.560 do not apply to quarantines imposed under this section.
ORS Chapter 596 — . Disease

ORS 596.404. Department may seize part or product of slaughtered diseased livestock; release thereof. The State Department of Agriculture may seize meat, hides, offal or any other part or product of livestock slaughtered anywhere which is infected with, exposed to, or a carrier of, disease and impose any conditions upon release from seizure reasonably necessary to prevent the entry or spread of disease in this state.
ORS Chapter 596 — . Disease

ORS 596.406. Department to prescribe methods of destruction of property; indemnity. When any real or personal property is ordered destroyed, the State Department of Agriculture shall prescribe the methods and procedures by which the destruction shall be effectuated and shall supervise any destruction so ordered. Indemnity shall be paid to the owner of such property as otherwise provided by law. However, no indemnity will be paid if the livestock that created the condition requiring the property destruction were imported into this state without a permit.
ORS Chapter 596 — . Disease

ORS 596.410. [Repealed by 1953 c.689 13]
ORS Chapter 596 — . Disease

ORS 596.412. Factors to be considered by department in exercise of disease control powers. When exercising the powers conferred by ORS 596.388 to 596.412, the State Department of Agriculture shall give appropriate weight and consideration to the following: (1) The previous existence of the disease in this state. (2) The action taken by the United States Government in respect to the eradication and control of such disease. (3) The economic consequences to the citizens of this state which might result from the spread of the disease. (4) The extent to which the disease is endemic or epidemic through neighboring states, the United States and this state. (5) The extent to which livestock other than those which are infected or carriers of the disease may be adversely affected by it. (6) Any other factors which may reasonably be found to affect the welfare of the livestock industry specifically or the people of the State of Oregon generally if such disease is not eradicated or controlled.
ORS Chapter 596 — . Disease

ORS 596.416. Application to court to compel owner or person in charge of property to cooperate. (1) In the event the State Department of Agriculture or any of its employees or agents meet with any resistance or lack of cooperation by the owner or person in charge of any livestock or property in the performance of their duties, the department may apply to the circuit court of the county in which such livestock or property is located or, if livestock or property is located in two or more counties, in the circuit court of any of those counties, for an order requiring such owner or person to cease and desist such resistance or otherwise comply with the orders of the department. (2) The order of the court shall be based upon a duly verified petition filed by the department setting forth the facts relative to such resistance or lack of cooperation. A copy of the petition may be served either by registered mail or by certified mail with return receipt upon the owner or person in charge of the livestock or in the manner provided for service of summons in civil actions. Such owner or person in charge shall appear and answer the allegations of the petition within 10 days from the date the petition was served. (3) If the owner or person in charge of any livestock or property fails to appear or the court either with or without such appearance finds the allegations of the petition are true and the action by the department necessary for the eradication and control of diseases of livestock in this state, the court shall enter its order requiring the owner or person in charge to cease and desist from such resistance or to comply with the lawful orders of the department, as the case may be. However, the court may enter its order without a hearing, if it satisfactorily appears to the court that a delay in answering would jeopardize disease eradication and control. A request by the department for a summary order by the court relative to any lack of cooperation or resistance by the owner or person in charge shall be supported by an affidavit showing the necessity for summary action. (4) The sheriff of the county in which such livestock or property is located shall execute such order by serving upon the owners or person in charge of such livestock or property a copy thereof duly certified to by the clerk of the circuit court, and by enforcing the provisions thereof.
ORS Chapter 596 — . Disease

ORS 596.420. [Repealed by 1953 c.689 13]
ORS Chapter 596 — . Disease

ORS 596.430. [Repealed by 1955 c.557 36]
ORS Chapter 596 — . Disease

ORS 596.440. [Repealed by 1955 c.557 36]
ORS Chapter 596 — . Disease

ORS 596.450. [Repealed by 1955 c.557 36]
ORS Chapter 596 — . Disease

ORS 596.460. Duty to separate and confine diseased animals. A person owning, possessing or controlling any livestock affected by any disease may not fail to keep the livestock within an enclosure, or herd them in some place where they are secure from contact with other livestock not so affected or permit the affected livestock to range where they will be likely to come in contact with other livestock not so affected.
ORS Chapter 596 — . Disease

ORS 596.470. Health certificates for disease-free animals. Whenever any official examination is made by any person authorized so to do by the State Department of Agriculture, of any livestock and such livestock is found free from contagious, infectious and communicable disease, the person making such examination shall make and deliver to the owner or person in possession of such livestock, a certificate to that effect, under such rules and regulations and in such form as the department may prescribe. Whenever an examination or test is made as to any particular disease and the livestock is found free therefrom, a certificate of that fact shall be given to the owner. [Amended by 1955 c.557 31]
ORS Chapter 596 — . Disease

ORS 596.610. [1953 c.633 1; repealed by 1955 c.557 36] INDEMNIFICATION FOR LIVESTOCK OR PROPERTY ORDERED DESTROYED
ORS Chapter 596 — . Disease

ORS 596.615. Livestock defined. As used in ORS 596.615 to 596.681, livestock means animals raised for the production of food for human consumption and those animals carrying diseases that threaten animals raised for the production of food for human consumption.
ORS Chapter 596 — . Disease

ORS 596.620. Indemnification of owners of livestock or property slaughtered or destroyed by order of department. The owner of any livestock or property which is slaughtered or otherwise destroyed at the order of the State Department of Agriculture in the performance of its duty to eradicate and control the contagious and communicable diseases of livestock in this state is entitled to indemnity as provided in ORS 596.640 to 596.681.
ORS Chapter 596 — . Disease

ORS 596.625. Approval of indemnification required. No application, contract or agreement for the payment of indemnity under ORS 596.615 to 596.681 is enforceable unless approved and signed by the Director of Agriculture.
ORS Chapter 596 — . Disease

ORS 596.640. Livestock and property not eligible for indemnity. (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 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
ORS Chapter 596 — . Disease

ORS 596.650. Indemnity; appraisal of animal or property prior to destruction. (1) An owner may claim indemnity on any animal or property ordered destroyed by the State Department of Agriculture. Each animal or article of property which is eligible for indemnity shall be appraised prior to its destruction. The department shall provide forms on which claims for indemnity can be made, to the owner of livestock or property ordered destroyed at the time the order of destruction is given to the owner. The claim for indemnity, order of destruction and appraisal may be included in one form at the discretion of the department. In order to qualify for indemnity, the owner shall submit a claim to the department within seven days after receiving such claim form from the department. The appraisal shall be performed by two appraisers, one of whom shall be selected by the department and one of whom shall be selected by the owner. If they cannot agree on the appraised value, a third appraiser shall be immediately appointed by the two appraisers selected by the department and the owner and the department and owner advised of the appointment. If the owner fails to select an appraiser within 10 days after the departments request therefor, the department shall appoint two appraisers to evaluate the livestock or property. The appraisers shall view each animal or article of property to be appraised and inspect documents, premises or any other items deemed necessary to perform the appraisal. Upon completion of the appraisal, the appraisers shall record the evaluations on a form supplied by the department and shall submit the completed appraisal form to the department within 10 days after completion of the appraisal. The department shall then notify the owner of the results of the appraisal. (2) The livestock or property shall be appraised on the basis of current market value of animals or property of like kind, quality and physical condition at the time the destruction was ordered. As used in this subsection, market value means the average selling price of animals or property of like kind and quality in the locality where the animals or property are situated, during the 30 days immediately preceding the appraisal, and if no such average selling price can be determined in the locality, then the average selling price in the next nearest locality where it can be determined. (3) If the livestock condemned by the department are registered and the owner claims enhanced value by such fact, a certified copy of the certificate of registry shall accompany the appraisal report.
ORS Chapter 596 — . Disease

ORS 596.660. Method of destruction; salvage. When in the opinion of the State Department of Agriculture livestock or property which is condemned can be destroyed in a manner which will permit some salvage to be realized, without prejudice to adequate disease control or eradication measures or to human health and welfare, the department may authorize such methods of destruction and prescribe the conditions upon which it may be carried out. In no case shall a method of destruction be authorized merely because it permits salvage, unless it may be accomplished within seven days from the date the destruction order is delivered.
ORS Chapter 596 — . Disease

ORS 596.671. Amount of indemnity. The indemnity shall be a sum, which added to the salvage, shall not exceed 80 percent of the appraised value of each animal or article of property.
ORS Chapter 596 — . Disease

ORS 596.680. PENALTIES
ORS Chapter 596 — . Disease

ORS 596.681. Limit of state indemnity to livestock owner also receiving federal indemnity. If the owner of livestock destroyed at the order of the State Department of Agriculture is eligible for indemnity payable by the federal government, the owner may also be indemnified by the State of Oregon. However, the State of Oregon shall only pay the difference between the maximum amounts set forth in ORS 596.671 and the amount payable by the federal government. [1965 c.217 7 (enacted in lieu of
ORS Chapter 596 — . Disease

ORS 596.990. enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 596 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 596 — . Disease

ORS 596.995. Civil penalties. (1) Any manufacturer of an animal remedy, veterinary biologic or pharmaceutical who violates any provision of ORS 596.100 or 596.105 applicable to manufacturers or any rule adopted pursuant thereto or the terms or conditions of any license, registration or order issued by the State Department of Agriculture under ORS 596.100 or 596.105 shall be subject to a civil penalty not to exceed $2,500 per violation. Civil penalties under this section are in addition to any other penalty provided by law. (2) Each violation may be a separate and distinct offense, and, in the case of a continuing violation, each days continuance thereof may be deemed a separate and distinct offense. (3) The department shall adopt a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. (4) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745. [1991 c.584 5; 1993 c.541 2; 2001 c.104 235] Note:
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.010. [Repealed by 1957 c.476 4] CIVIL LIABILITY
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.015. Civil liability for animals trespassing on adequately fenced land situated on open range. (1) As used in this section, open range means an area wherein livestock may lawfully be permitted to run at large. (2) A person who permits a horse, mule, ass, sheep, goat or animal of the bovine species to trespass on land enclosed by an adequate fence and situated on open range shall be liable to the owner or lawful possessor of the enclosed land for damage done by the animal. The person seeking to recover the damages shall plead and prove that the fence of the person consisted of structures, masonry, hedges, ditches, rails, poles, planks, rivers, streams, ponds, lakes, wire fences, natural or artificial barriers of any kind or any combination thereof. The adequacy of the fence shall be determined by reference to the customs and practices of good husbandry in the particular area with reference to fences. The question of the existence of the fence and the adequacy thereof are questions of fact. (3) Nothing contained in subsection (2) of this section is intended to modify the provisions of ORS 608.310 to 608.400.
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.020. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.030. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.040. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.050. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.060. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.070. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.080. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.210. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.220. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.230. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.240. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.250. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.260. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.270. [Repealed by 1957 c.476 4] FENCES AND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.310. Erecting and maintaining fences, crossings, gates and cattle guards; rules. (1) Every person, or the lessee or agent of the person, owning or operating any railroad, shall erect and maintain good and sufficient lawful fences on both sides of the railroad line, except at the crossings of and upon public roads and highways, within such portions of cities as are or may be laid out and platted in lots and blocks and at railroad station grounds. Such person shall also at the same time erect and maintain necessary farm crossings and gates and sufficient cattle guards at all public crossings. (2) Railroad lines shall be so fenced and farm crossings, gates and cattle guards installed, within three months from the time such lines are put in operation. However, the Department of Transportation may prescribe by rule the number, location and character of farm crossings which may be necessary and the manner in which they shall be constructed so that they are reasonably adequate, safe, sufficient and convenient, but not so as to impair the terms of any contract between the landowner and the railroad or judgment in condemnation relative to such crossings. (3) The Department of Transportation may, by rule, determine and prescribe any other description of fence than that designated as a lawful fence, which shall be constructed and maintained by any such railroad company between the points which are designated in such rule, and may provide for the apportionment of the costs of reconstruction necessitated thereby as between the parties interested. (4) The Department of Transportation by rule may suspend the operation of this section as to any particular portion of any line of railroad.
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.320. Penalty for railroad refusing or failing to maintain fences, gates and guards. (1) Any person shall forfeit and pay into the State Treasury the sum of $100 for each mile of fence on either side of a railroad, or for each farm crossing, gate or cattle guard which the person fails, neglects or refuses to erect and maintain in violation of ORS 608.310. This shall be recovered as other penalties are recovered and paid into the State Treasury. (2) If a person neglects or refuses to comply with ORS 608.310 to 608.330, the Attorney General or prosecuting attorney of the proper county may, by mandamus, compel compliance with such sections. (3) The provisions of ORS 608.310 to 608.330 are cumulative to existing remedies. [Amended by 1995 c.733 47]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.330. Leaving gate open. (1) No person shall intentionally or negligently leave open or unfastened any farm crossing gate, or let down and leave down any bars of any railroad fence. (2) Justices of the peace have original jurisdiction for violations of this section.
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.340. railroad track of any railroad in this state, the owner, operator, lessee or agent of the railroad shall immediately notify or cause notice to be given to the sheriff of the county where the accident occurred, and within a reasonable time shall deliver to the sheriff a written description of the livestock so killed or injured, including brands, earmarks and any marks of ownership, and a statement of the condition of or extent and nature of injuries to the livestock.