reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.061 - Transportation certificate.

(1) Cattle transported from the premises of the owner or person in lawful possession to another place in this state shall be accompanied by a transportation certificate.
(2) For the purposes of this section "transportation certificate" means a document signed by the owner or person in lawful possession of the cattle to be transported, on a form prescribed by the State Department of Agriculture, setting forth the identity of the cattle owner, the point of origin and destination of the cattle, the number of head, a description of the distinguishing characteristics of the cattle, including brands, tags, breed and sex, and an authorization to transport if it is to be performed by a person other than the owner.
(3) A transportation certificate is not required for cattle herded, drifted or trailed to or from pasture or range in this state in the usual course of ranch operation. [1981 c.248 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.066 - Brand inspection fee; exception.

(1) Except as provided in subsection (2) of this section, the State Department of Agriculture shall charge and collect a brand inspection fee in accordance with the following:
(a) $30 for a lifetime brand inspection for Equidae;
(b) $10 per head for a brand inspection for Equidae, if the brand inspection certificate utilized is valid for more than eight days but less than a lifetime; or
(c) $10 per head for a brand inspection on livestock other than Equidae, if the brand inspection certificate utilized is valid for more than eight days.
(2) In accordance with the provisions of ORS chapter 183, the department shall establish a brand inspection fee on cattle and cattle hides for which a brand inspection certificate is valid for eight days. The fee shall be not less than $1 and not more than $1.35 per head of cattle and not more than $2 per hide.
(3) Except as provided in this subsection or subsection (4) of this section, the person requesting or requiring brand inspection to be performed shall pay the State Department of Agriculture a brand inspection fee and the assessments authorized under ORS 577.512. Livestock auction markets, slaughterhouses and custom slaughtering establishments at which brand inspection is performed shall collect the fees and assessments and forward them to the department. The person requesting or requiring brand inspection for cattle delivered to a livestock auction market is not required to pay a brand inspection fee on cattle whose value is $10 or less. The person requesting or requiring brand inspection is not required to pay a brand inspection fee on cattle not more than 90 days of age that are to be transported with their mothers to a range or pastureland outside of this state.
(4) The person requesting or requiring brand inspection is not required to pay a brand inspection fee or pay assessments when Oregon cattle are being transported from any place in this state to any place outside of this state and then returned to this state, if the movement is continuous without unloading enroute, is done in the usual course of ranch operations and is not related to a change of ownership.
(5) Except as provided in ORS 577.512, the department shall deposit all fees paid to it under this chapter in the State Treasury to the credit of the Department of Agriculture Service Fund, and such fees are continuously appropriated to the department for administering and enforcing this chapter. The provisions of ORS 561.144 apply to such fees. [1981 c.248 §13; 1983 c.102 §2; 1985 c.262 §3; 1987 c.163 §3; 2003 c.604 §108; 2007 c.229 §3; 2021 c.563 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.071 - Prohibitions.

A person may not:
(1) Purchase, sell, handle or transport hides or livestock in violation of ORS 604.005 to 604.071, 604.640, 604.650 and 604.670 or the administrative rules promulgated thereunder;
(2) While marking livestock on the ear, either cut, mark or remove more than one-half of the ear;
(3) Except for the normal sheepshearing process, cut, burn or otherwise obliterate or disfigure the brand, earmark, dewlap or other distinguishing characteristics upon hides or livestock;
(4) Purchase, sell or hold for sale any hides or livestock in the condition described in subsection (3) of this section;
(5) As a custom slaughterer, fail to identify livestock hides and the persons from whom they were obtained;
(6) Apply an unrecorded brand on livestock;
(7) Use a recorded brand or similar design on livestock unless the person is the current recorded holder of the brand, or use a brand recorded in another state, except in accordance with rules adopted by the State Department of Agriculture;
(8)(a) Transport cattle out of this state without a brand inspection certificate having been issued to the person presenting the cattle for transport;
(b) Fail to have a document identifying each load of transported cattle as a part of the cattle described on the brand inspection certificate accompanying each load; or
(c) Fail to deliver the brand inspection certificate to the consignee upon the transported cattle reaching the intended destination;
(9) Refuse to permit the department to inspect hides or livestock, or refuse to permit hides or livestock to be sheared or otherwise handled so as to enable the department to determine the brands thereon;
(10) Knowingly make or issue any false, misleading or incomplete certificate, affidavit, application, proof of claim, document of title or other written instrument required or allowed under the provisions of ORS 604.005 to 604.071, 604.640, 604.650 and 604.670; or
(11) Knowingly present cattle for brand inspection that are not owned by the person requesting the inspection. [1981 c.248 §14; 1987 c.164 §1; 2007 c.229 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.076 - Authority to issue citations.

(1) In addition to the authority set forth in ORS 604.015, in the enforcement of this chapter, the Director of Agriculture has the authority to issue and serve citations to any person for violation of any provision of ORS 604.071.
(2) The director may delegate the authority to issue citations to investigative officers and brand inspection supervisors.
(3) A citation shall contain the information and substantially conform to the requirements for a citation under ORS chapter 153. [1987 c.165 §2; 1999 c.1051 §136]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.610 - "Licensed feedlot" defined.

As used in ORS 604.620 to 604.670, "licensed feedlot" means a beef cattle feedlot, licensed by the State Department of Agriculture, that has more than 500 head of cattle being fed for slaughter at one time during a calendar year. [1975 c.162 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.620 - License; fee; sanctions.

(1) No person shall be entitled to utilize the brand inspection and inventory procedures prescribed in ORS 604.630 to 604.650 and 604.670 without first obtaining and maintaining a license as a licensed feedlot.
(2) An application for a license or renewal thereof shall be made to the State Department of Agriculture on forms prescribed by the department, and shall be accompanied by the annual license fee, not to exceed $100. The license is personal and nontransferable. A new license is required at any time there is a change in ownership, legal entity or establishment location. All such licenses shall expire on January 1 next succeeding the date of issuance or on such date as may be specified by department rule.
(3) In accordance with the provisions of ORS chapter 183, the department may suspend, revoke or refuse to issue or renew a license to any applicant or licensee whose establishment construction or methods of operation do not comply with the requirements established by the department. [1975 c.162 §3; 2007 c.768 §21; 2021 c.563 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.630 - Inventory; record; audit.

At the time a license is issued, the State Department of Agriculture and the licensee shall jointly make and record a physical inventory of all cattle in the feedlot of the licensee. Thereafter, such inventory record shall be maintained by the licensee and shall be subject to review or audit by the department at any time during the normal business hours of the licensee at least once a month for the purpose of reconciling the same with the records of the department. [1975 c.162 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.640 - Inspection of cattle; addition to inventory; fee.

All cattle received at the licensed feedlot shall be consigned to special holding pens and held therein until inspected and released to the general feedlot area by the brand inspector of the State Department of Agriculture. The department’s inspector shall review and verify all documents of title, transportation certificates, brand inspection certificates, memorandum brand inspection certificates, or record of transfer relating to such cattle, and if such documents are in order shall add such cattle to the department’s inventory records of the licensee. The department shall not charge for such inspections unless a transportation certificate is subject to review and verification. In this event, the department shall charge the brand inspection fee established by law. [1975 c.162 §6; 1981 c.248 §30]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.650 - Inventory upon removal; fee; prohibited acts.

(1) All cattle, including salvage animals, dead animals, other sale animals and fed cattle being sent to slaughter, removed from the licensed feedlot shall be inventoried by the brand inspector of the State Department of Agriculture and the number thereof deducted from the department’s inventory records of the licensee. The department shall thereafter issue its brand inspection certificate, or other appropriate document evidencing brand inspection, listing thereon only the number and general description of the cattle removed from the licensed feedlot. The department shall charge the brand inspection fee established by law for such inventory and inspection.
(2) Upon completion of the inventory and inspection of the cattle being removed from the licensed feedlot, no person shall add, remove or substitute for any animal in the lot of cattle subjected to such inventory and inspection. [1975 c.162 §7; 1981 c.248 §31]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.670 - Rules by department.

The State Department of Agriculture, under the provisions of ORS chapter 183 may promulgate such rules as are necessary to administer and enforce the provisions of ORS 604.610 to 604.670, including but not limited to:
(1) The time and manner of maintaining inventory records; and
(2) Controls and minimum standards of construction and methods of operation by licensees. [1975 c.162 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.990

[Subsection (6) of 1963 Replacement Part enacted as 1961 c.267 §10; subsection (7) of 1963 Replacement Part enacted as 1961 c.462 §7 and amended by 1963 c.87 §4; repealed by 1967 c.129 §19]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 604 - Brands and Marks; Feedlots › Section 604.992 - Penalties.

(1) Violation of any of the provisions of this chapter, or the administrative rules or orders promulgated thereunder, is a Class B misdemeanor.
(2) Notwithstanding ORS 14.030 to 14.080, an action for violation of brand inspection requirements may be commenced and tried in either the county where the cattle movement originated or the county where the cattle movement terminated. [1967 c.129 §18; 1981 c.248 §15; 2007 c.229 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.005 - Definitions.

As used in this chapter:
(1) "Class of livestock" means a class, species, genus or sex of livestock, including a class, species or genus of neutered livestock.
(2) "Department" means the State Department of Agriculture.
(3) "Federal land" means a tract of land containing 25,000 acres or more owned or administered by, or under the jurisdiction of, the United States and not subject to the laws of this state.
(4) "Livestock" means animals of the bovine species, horses, mules, asses, sheep, goats and swine.
(5) "Livestock district" means an area wherein it is unlawful for livestock or a class of livestock to run at large.
(6) "Open range" means an area wherein livestock may lawfully be permitted to run at large. [Amended by 1957 c.604 §2; part derived from 1957 c.604 §§17,28; 1971 c.647 §132; 1981 c.413 §5; 1983 c.83 §107]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.007 - "Adequate fence," "estray animal," "taking up" defined.

As used in this chapter, unless the context requires otherwise:
(1) "Adequate fence" means a continuous barrier consisting of natural barriers, structures, masonry, rails, poles, planks, wire or the combination thereof, installed and maintained in a condition so as to form a continuous guard and defense against the ingress or egress of cattle or equines into or from the lands enclosed by the barrier. Natural barriers may include hedges, ditches, rivers, streams, ponds or lakes.
(2) "Estray animal" means:
(a) Cattle, bison or equines that are unlawfully running at large or being permitted to do so; or
(b) Cattle or equines that are found to be trespassing on land enclosed by an adequate fence.
(3) "Taking up" means the intentional exertion of control over an estray animal, including but not limited to the restriction of movement, holding under herd, feeding, pasturing or sheltering of the animal. [1971 c.579 §2; 2005 c.22 §411; 2009 c.336 §1; 2013 c.312 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.021 - Livestock district characteristics.

(1) A livestock district must contain at least 2,000 acres.
(2) A livestock district may not cross the boundaries of a county. Except as provided in subsection (3) of this section, the boundaries of a livestock district must follow subdivision lines of sections, section lines, township lines, donation land claim boundaries or lines, lakes, rivers, the boundary line of this state, public roads or county boundary lines.
(3) The boundary of an established livestock district may be used as a boundary for a proposed livestock district if the districts are adjacent to each other and will have a common boundary line.
(4) An area may be annexed to an existing livestock district only if the annexed area is contiguous with the livestock district and the district boundaries after annexation will meet the requirements in subsection (2) of this section. [2019 c.450 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.024 - Action on livestock district application.

(1) No later than 30 days after closing of the record for a hearing under ORS 607.018, the county governing body shall take action on the application that was the subject of the hearing. The county governing body may deny the application or may conditionally approve the application.
(2) An applicant for the formation of a livestock district may, not later than 90 days after the county governing body conditionally approves the application, submit a petition signed by a majority of the landowners of record within the proposed livestock district. If the county governing body has conditionally approved the application and receives a petition under this subsection, the county governing body shall declare the livestock district established. If the county governing body does not receive a petition as described in this subsection, notwithstanding any conditional approval the county governing body shall deny the application for the proposed livestock district.
(3) An applicant for the annexation of land to an existing livestock district may, not later than 90 days after the county governing body conditionally approves the application, submit a petition signed by a majority of the landowners of record within the livestock district and a majority of the landowners within the area proposed for annexation to the district. If the county governing body has conditionally approved the application and receives a petition under this subsection, the county governing body shall declare the land annexed to the livestock district. If the county governing body does not receive a petition as described in this subsection, notwithstanding any conditional approval the county governing body shall deny the application for annexation.
(4) If an application is denied under subsections (1) to (3) of this section, an application filed less than 12 months after the denial may not include any of the same land as the denied application. [2019 c.450 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.028 - Livestock district withdrawals or dissolution.

(1) An area containing 2,000 acres or more may be withdrawn from a livestock district in the same manner as for annexation to a livestock district under ORS 607.018 and 607.024, except that a petition must be signed by all landowners of record within the area that is proposed to be withdrawn, and not by a majority of the landowners of record within the livestock district and a majority of the landowners within the area proposed for withdrawal from the district. A livestock district may be dissolved in the same manner as provided for the formation of a livestock district under ORS 607.018 and 607.024, except that a petition must be signed by all landowners of record within the livestock district that is proposed to be dissolved, and not by a majority of the landowners of record within the livestock district. Notices sent or published regarding an application for withdrawal or dissolution shall clearly state that the purpose of the application is to allow livestock or a class of livestock to run at large on the land described in the application.
(2) The boundary of an area to be withdrawn from a livestock district must be drawn in compliance with ORS 607.021, except to the extent that it follows the boundary of the livestock district.
(3) No withdrawal from a livestock district shall be allowed if the area remaining within the livestock district will be less than 2,000 acres.
(4) Any withdrawal from or dissolution of a livestock district which is the subject of an order of the State Department of Agriculture issued under section 33, chapter 604, Oregon Laws 1957, shall be made with reference to the boundaries established by that order. [2019 c.450 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.032 - Publication of county governing body declarations.

(1) If a county governing body declares the formation of a livestock district, or the annexation of land to a livestock district, the county clerk shall give notice of the formation or annexation by publication, in the newspaper having the largest general circulation in the county, once a week for two consecutive weeks, that on and after the 60th day from the date of the first publication of the notice it shall be unlawful for livestock or a class of livestock to be permitted to run at large within the boundaries of the livestock district. The notice shall state the district boundaries as existing following the county governing body declaration and shall also set forth the penalties for violation of ORS 607.045. A notice of livestock district formation shall also state the name by which the district is to be known.
(2) If the county governing body declares the withdrawal of land from a livestock district or the dissolution of a livestock district, the county clerk shall give notice of the withdrawal or dissolution by publication, in the newspaper having the largest general circulation in the county, once a week for two consecutive weeks, that on and after the 60th day from the date of the first publication of the notice it shall be lawful for livestock or a class of livestock to run at large within the area affected by the withdrawal or dissolution. The notice shall state the boundaries of the area affected by the county governing body declaration.
(3) The county clerk shall maintain a copy of each notice published under this section in the county records. The county clerk shall also mail one certified copy of the last publication of the notice, by certified or registered mail, to the State Department of Agriculture. Formation of, annexation to, withdrawal from or dissolution of a livestock district is not effective until the later of the date in the notice published under this section or the date the certified copy of the last published notice is sent to the department. [2019 c.450 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.044 - Civil liability for livestock at large in livestock district.

A person shall be liable to the owner or lawful possessor of land if the person permits an animal of a class of livestock to run at large upon such land and the land is located in a livestock district in which it is unlawful for such class of livestock to be permitted to run at large. [1957 c.604 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.045 - Livestock at large in livestock districts.

(1) No person owning or having the custody, possession or control of an animal of a class of livestock shall permit the animal to run at large or to be herded, pastured or to go upon the land of another in a livestock district in which it is unlawful for such class of livestock to be permitted to run at large.
(2) This section is not intended to prohibit a person from driving livestock along a public road.
(3) Justice and circuit courts have concurrent jurisdiction of actions for the prosecution of violations of this section. [Amended by 1957 c.604 §16]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.051 - Status of districts designated by order of State Department of Agriculture.

The livestock districts designated by order of the State Department of Agriculture under section 33, chapter 604, Oregon Laws 1957, shall be subject in all respects to the provisions of ORS 607.005 to 607.045. [1957 c.604 §37]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.055 - Application of livestock confinement laws to federal lands.

To the extent permitted by federal law, lands owned or administered by or under the jurisdiction of the United States, other than federal land as defined in ORS 607.005, shall be treated in the same manner as private lands for purposes of ORS chapter 607 and ORS 608.015, 608.310 to 608.400, 608.510 and 608.990. [1999 c.625 §1]
Note:
607.055 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 607 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.080 - Bison at large in livestock district prohibited.

Notwithstanding the contents of any livestock district application described in ORS 607.018, an owner or possessor of bison or bison hybrids may not permit the bison or bison hybrids to run at large. [2013 c.312 §3; 2019 c.450 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.085 - Civil liability for bison running at large on land.

A person is liable to the owner or lawful possessor of land for resulting economic damages if:
(1) The person permits bison to run at large upon the land; or
(2) Bison for which the person is the owner or possessor are running at large or uncontrolled upon the land. [2013 c.312 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.261 - Stock running at large on open range.

(1) No person shall turn upon, or allow to run upon, the open range, any bull other than a purebred bull of a recognized beef breed. The State Department of Agriculture shall by regulation define "purebred bull of a recognized beef breed." No person shall turn upon, or allow to run upon, the open range, any female breeding cattle unless the person turns with such female breeding cattle one purebred bull of a recognized beef breed for every 25 females or fraction thereof of 10 or over.
(2) No owner of any stallion or jackass, of the age of 18 months or more, shall permit it to run upon the open range during the period April 1 to October 31 of each year. No owner of any ram shall permit it to run at large upon the open range during the period July 1 to October 31 of each year. [1957 c.604 §18]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.300 - Determining adequacy of fences; rules; fees.

If cattle or equines break through a fence on the open range and a determination of the adequacy of the fence is necessary in order to determine whether the cattle or equines are estray animals, the State Department of Agriculture shall make the determination of the adequacy of the fence and shall consider, among other things, the customs and practices of good animal husbandry in the particular area with reference to fences. The department may adopt rules establishing fees for determining the adequacy of a fence. Fees must be reasonably calculated to compensate the department for the costs of the determination. [1971 c.579 §3; 2009 c.336 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.303 - Owner or lessee of property taking up estray animal; notice to owner and department.

(1) A person who finds an estray animal unlawfully being permitted to run at large upon the premises of the person, or premises of which the person has lawful possession or control, may take up the animal if the owner of the animal is known to the person.
(2) A person taking up an animal shall within five days give notice of the taking up by certified or registered mail addressed to the owner or person having control of the animal. The notice shall:
(a) Contain a concise description of the animal, including marks and brands, if any.
(b) State that the animal will be released to and sold by the State Department of Agriculture as an estray animal unless redeemed before sale.
(c) State the date of taking up the animal and that the department may sell an unclaimed animal not less than 30 days and not more than 45 days after the date of taking up the animal.
(3) A person taking up an animal shall, no later than five days after giving the notice provided in subsection (2) of this section, forward a copy of the notice to the department or give a copy of the notice to a brand inspector or other agent of the department. [1957 c.604 §24; 2009 c.336 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.308 - Alternative procedure for person taking up estray animal.

A person taking up an estray animal of a known owner, instead of following the procedure established by ORS 607.303 and 607.304, may, within five days after taking up the animal, deliver the animal and the notice described in ORS 607.313 (1) to the State Department of Agriculture at a place designated by the department. The department shall dispose of the animal in accordance with ORS 607.321 or 607.328. [1957 c.604 §26; 1975 c.65 §2; 2009 c.336 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.311 - Taking up estray animal; prohibition.

(1) A person who finds an estray animal upon the premises of the person or premises of which the person has lawful possession or control may take up the animal.
(2) A person may not knowingly take up or retain possession, custody or control of an estray animal without giving the notice required by ORS 607.313. [1953 c.367 §9; 1975 c.65 §3; 2009 c.336 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.313 - Notice to department by persons taking up estray animal; recovery of costs.

(1) Any person taking up an estray animal shall, within five days, give written notice of the taking up to the State Department of Agriculture. The notice shall include:
(a) A statement of the description of the animal, including marks and brands or other identifying characteristics.
(b) The date of the taking up.
(c) The location of the taking up and present location of the animal.
(2) If a person gives the notice required by subsection (1) of this section but fails to do so within the time allowed, the person may recover only those costs verified by the department of taking up the animal, of giving notice and of keeping the animal, as provided in ORS 607.304 (2), 607.332 and 607.338, that were incurred within five days immediately preceding the giving of the notice. [1971 c.579 §4; 1975 c.65 §4; 1981 c.413 §1; 2009 c.336 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.321 - Investigation by department upon receipt of notice; procedure if department determines owner.

(1) The State Department of Agriculture, upon receiving a notice as described in ORS 607.313, shall attempt to determine the owner of the estray animal from the recorded brand, marks, other identifying characteristics and other relevant information tending to establish ownership.
(2) A record of the findings of the department supporting a determination of ownership shall be made and retained by the department for three years.
(3) The department shall have 20 days after receiving a notice described in ORS 607.313 to determine the owner of an estray animal. If the department determines the owner of the animal within 20 days, the department shall send written notice to the owner and the person taking up the animal, at their last-known addresses. The notice shall contain the matters described in ORS 607.328 (2)(b). If the owner does not appear and claim the animal prior to sale, in accordance with ORS 607.332, the sale shall be carried out as provided in ORS 607.328. [1953 c.367 §4; 1975 c.65 §5; 1981 c.413 §2; 2009 c.336 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.328 - Procedure for sale of estray animal; notice.

(1) The State Department of Agriculture shall cause an estray animal to be sold at public sale if:
(a) The department is unable to determine in a timely manner the owner of the animal under ORS 607.321;
(b) The estray animal of a known owner is delivered to the department under ORS 607.304 (1) or (8); or
(c) The estray animal of a known owner is delivered to the department under ORS 607.308, and sale of the animal is required because of the owner’s failure to appear and claim the animal as provided in ORS 607.332.
(2) Prior to the holding of any public sale, as provided in subsection (1) of this section, the department shall:
(a) Designate a time and place of public sale. Subject to any other sale date restrictions, the sale shall be held not less than five days after the department receives the notice of taking up.
(b) Cause a notice of the public sale to be given by posting a written or printed notice of the time and place of sale, a description of the animal and that such sale shall take place if the animal is not claimed by the owner prior to the sale. The posting shall be in two public places of the county where the animal was taken up for not less than 48 hours prior to the date of sale. If the department is satisfied that adequate notice has been given an owner pursuant to ORS 607.303 (2), notice need not be posted. [1971 c.579 §5; 1975 c.65 §6; 1981 c.413 §3; 2007 c.71 §182; 2009 c.336 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.332 - Claim by owner before sale.

(1) If the owner of an estray animal appears and claims the animal prior to sale, the owner shall pay to the State Department of Agriculture all costs described in ORS 607.337 (1) and, except as limited by ORS 607.313 (2), shall pay to the person taking up the animal all accrued costs described in ORS 607.304 (2). Upon such payment, the department shall release the animal to the owner or the agent of the owner. Except as provided in subsection (2) of this section, if the owner fails to pay the costs, the sale shall be carried out in accordance with ORS 607.328.
(2) If the owner is unable to agree with the person taking up the animal as to the amount of the costs payable to the person, the owner and the person shall proceed with arbitration of the disagreement as provided by ORS 607.304 (4) to (10). [1957 c.604 §21; 1975 c.65 §7; 2009 c.336 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.336 - Title of purchaser at sale.

The purchaser of an animal sold in accordance with ORS 607.328 shall have clear and absolute title to the animal. [1953 c.367 §8; 1975 c.65 §8; 2009 c.336 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.337 - Use of proceeds from sale to pay department costs.

(1) All costs incurred by the State Department of Agriculture in the taking up and sale of an estray animal shall be paid from the sale proceeds in the following priority:
(a) Cost of publication of notice.
(b) Cost of the sale.
(c) Cost of transportation of the animal to the point of sale.
(d) Reasonable cost of feed and care prior to sale.
(e) All other costs including the time and mileage of the employees of the department.
(2) If the proceeds of the sale are inadequate to pay all of the costs mentioned in subsection (1) of this section, the department shall pay the deficiency.
(3) Subject to ORS 607.338 (1) and (3), any balance remaining from the proceeds of sale shall be transmitted to the department. The department shall deposit the proceeds balance in the Department of Agriculture Account in the General Fund. Proceeds so deposited shall be held in such account for a period of one year subject to claim by the owner.
(4) If the owner fails to establish the right of the owner to the proceeds of sale within one year, all right, title and claim thereto shall be transferred to the department to expend and use in carrying out this chapter and ORS chapter 604. [1957 c.604 §§22,23; 1967 c.113 §1; 1967 c.637 §21; 1991 c.660 §4; 2009 c.336 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.338 - Use of proceeds from sale to pay person taking up animal; arbitration of costs; fee.

(1) If the State Department of Agriculture sells an estray animal under ORS 607.328, the department shall first recover from the proceeds of the sale the costs described in ORS 607.337 (1), and from any balance remaining pay to the person taking up the animal the costs described in ORS 607.304 (2), except as limited by ORS 607.308, 607.313 (2) and subsection (2) of this section.
(2) If the department sells under ORS 607.328 an estray animal that was delivered to the department under ORS 607.304 (1), the department shall allow to the person taking up the animal only reasonable costs. The department’s determination of reasonable costs shall be final. However, the department may, upon written request of the person taking up the animal, submit the question of the amount of reasonable costs to arbitration. If the question is submitted to arbitration, the department shall furnish to the person taking up the animal the names of five arbitrators selected from the list of qualified persons maintained in accordance with ORS 607.304 (10), and the person taking up the animal shall appoint one arbitrator from the list within five days of receiving the list. The department shall then appoint one arbitrator and the two arbitrators shall jointly appoint a third arbitrator from the list. The two arbitrators shall give written notice of the appointment of the third arbitrator to the department and the person taking up the animal no later than five days after receiving the list. The three arbitrators shall act as a board of arbitration and may hear witnesses, take testimony, inspect documents, the animal and the premises and issue a decision as to the amount of reasonable costs. The decision of the arbitrators shall be final. Written notice of the decision shall be given to the department and the person taking up the animal no later than 30 days after the appointment of the third arbitrator. The person taking up the animal shall pay an arbitration fee of $150 to the department at the time of submitting the written request for arbitration, from which the department shall pay each appointed arbitrator $50 for arbitration services.
(3) Any balance remaining from the proceeds of the sale after the department has reimbursed itself and has paid the costs of the person taking up the animal shall be paid to the owner of the animal. If the owner fails to establish the right to the remaining proceeds within one year after the sale, all rights to the proceeds shall vest in the department to use in carrying out the provisions of this chapter and ORS chapter 604.
(4) This section does not require the department to pay the costs of the person taking up the animal if the proceeds of the sale of the animal are not sufficient to pay those costs. [1957 c.604 §27; 1971 c.579 §7; 1975 c.65 §9; 1981 c.413 §4; 2009 c.336 §13]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.339 - Liability of department.

Except for gross negligence the State Department of Agriculture is not liable for the payment of the proceeds of sale or return of custody of an estray animal to a person claiming to be the true owner of the animal. [1953 c.367 §7; 2009 c.336 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.344 - "Freshly branded" defined for ORS 607.345 to 607.360.

As used in ORS 607.345 to 607.360, "freshly branded" means any animal on which there is a brand that has not been peeled off or entirely healed. [Formerly 607.305]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.345 - Interfering with calves and colts on open range; selling freshly branded cattle or horses.

No person shall:
(1) Hold under herd, confine in any pasture, building, corral or other enclosure, or picket out, hobble or tie together, or in any manner interfere with the freedom of calves or neat cattle or colts of horses, on the open range, which are less than seven months old, unless such animals are accompanied by their mothers.
(2) Sell or offer to sell any freshly branded neat cattle or horses.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.350 - Producing, on demand, the mothers of calves or colts.

The person, separating calves or colts from their mothers shall, upon demand of the sheriff, inspector or other officer, produce, within a reasonable time, the mother of each such animal, so that the interested parties may ascertain if the animal, so produced as the mother thereof, does or does not claim or suckle such calf or colt.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.355 - Disposal of calves and colts wrongfully held.

All animals held in violation of ORS 607.345 or 607.350 shall be considered estray animals. The nearest stock inspector, upon learning of the violation, shall cause the animals to be disposed of as estray animals under the laws in force in the stock inspector’s county or district. [Amended by 2009 c.336 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.360 - Applicability of statutes regulating handling of calves and colts.

ORS 607.345 to 607.355 do not apply to:
(1) The calves of milch cows where such cows are actually used to furnish milk for household purposes or for carrying on a dairy.
(2) Any freshly branded animal which has been branded previously with an older and duly recorded brand, and for which animal the claimant has a legally executed bill of sale from the owner of the older brand on such animal.
(3) Young animals under the age of 10 months which are accompanied by their mothers.
(4) Animals other than cattle or horses, or the offspring thereof, which during some period of the year run at large upon the public range.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.365 - Driving domestic animals from range.

(1) No person, who is not the owner of such animal, shall take or drive, cause to be taken or driven, or assist in driving or taking away any horse, gelding, mare, foal, mule, ass, jenny, bull, cow, heifer, steer, calf, sheep, hog or any other domestic animal from the range or place where it is lawfully grazing, pasturing or ranging, or in the habit of ranging, or where it has been herded or placed by the owner thereof, for a distance of more than 10 miles from such place.
(2) Persons violating this section shall be liable to the owner of such animal for all damages sustained by reason of such driving or taking away of such domestic animal. [Formerly 606.210; 2011 c.597 §246]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.505 - Stock running at large and grazing on Klamath Falls-Malin Highway.

(1) No person shall permit cattle, horses, mules, sheep, goats or hogs to run at large, be pastured, staked or tethered upon the state highway extending from the easterly boundary of the incorporated City of Klamath Falls to the westerly boundary of the incorporated City of Malin.
(2) As used in this section, "state highway" includes only those highways over which the Department of Transportation has control.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.510 - Stock running at large and grazing on certain state highways.

No person shall allow cattle, horses, mules, sheep, goats, swine or other livestock of any kind, to run at large, be pastured, staked or tethered upon the following state highways:
(1) That part of the Oregon Coast Highway, State Highway No. 9, extending from the north boundary of Tillamook County to the south boundary of Lane County.
(2) That part of the Alsea Highway, State Highway No. 27, from its junction with the Corvallis-Newport Highway in Benton County to Waldport in Lincoln County.
(3) That part of the Corvallis-Newport Highway, State Highway No. 33, from Corvallis in Benton County to Newport in Lincoln County.
(4) That part of the Salmon River Highway, State Highway No. 39, from Valley Junction in Polk County to a connection with the Oregon Coast Highway at or near Otis in Lincoln County.
(5) That part of the Wilson River Highway, State Highway No. 37, from the east boundary of Tillamook County to the intersection of the Wilson River Highway with the Oregon Coast Highway, which is State Highway No. 9. [Amended by 1971 c.579 §8; 1977 c.176 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.515 - Stock at large or grazing on highway from Canyonville to Umpqua National Forest.

No person shall permit any cattle, horses, mules, sheep, goats, hogs or other livestock, to run at large, be pastured, staked or tethered upon the state highway extending from the easterly boundary of the incorporated City of Canyonville easterly to the west boundary of the Umpqua National Forest.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 607 - Livestock Districts; Stock Running at Large › Section 607.527 - Stock herded or grazed on interstate and defense highways.

(1) Notwithstanding ORS 366.460, 366.465, 374.340 and 607.045 (2) and notwithstanding the existence of an open range area, except as provided by subsection (2) of this section, no person, except in case of emergency, shall drive, herd, pasture, graze, range, tether or stake any livestock, as defined by ORS 607.005, within the boundaries of the right of way for a state highway that is part of the national system of interstate and defense highways, to wit: Interstate 5, Interstate 84, or Interstate 82. This section is not intended to prohibit the hauling of livestock, in vehicles, on a highway or the use of structures or undercrossings, constructed and approved as provided by law, as stock ways, nor to abrogate a duty provided under ORS 607.303 to 607.341.
(2) Upon application by an owner or person in charge of livestock, the Director of Transportation or duly authorized local representative may issue written permits, on such terms as the person finds proper, authorizing the owner or person in charge of livestock to herd or drive the livestock on a single trip across or within the boundaries of a right of way for a highway as described in subsection (1) of this section. [1963 c.350 §1; 1993 c.741 §70]