reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.382 - Warehouse records; warehouse receipts.

(1) A warehouseman operating another business in conjunction with, or in proximity to, the licensed public warehouse of the warehouseman shall keep a complete set of records for the warehouse business, entirely separate and distinct from the accounts and records of any other business. Deposits of grain for the account of such other business, or for grain owned by the warehouseman, shall be entered in the books of the warehouse in the same manner as those of other depositors.
(2) No sale of grain by a warehouseman for future delivery, made when grain is not in storage in the warehouse, shall be deemed a transaction to which this chapter is applicable, nor shall such transaction be entered in the warehouse records as a storage obligation until the grain is placed in the public warehouse. When such grain is received and deposited to an account of a purchaser, the warehouseman shall immediately issue and deliver to the purchaser a negotiable or nonnegotiable warehouse receipt therefor.
(3) When grain in storage, not covered by an outstanding warehouse receipt, is purchased from one depositor and title passed to a new owner, the warehouseman shall immediately issue and deliver to such new owner a negotiable or nonnegotiable warehouse receipt therefor. [1961 c.445 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.385 - Warehouseman’s liability for failure to issue proper receipt.

(1) No warehouseman shall issue a receipt for grain not known by the warehouseman to be in the public warehouse of the warehouseman.
(2) When partial withdrawal of the grain of the depositor is made by a depositor, the warehouseman shall make appropriate notation thereof on the depositor’s nonnegotiable receipt and on other records as prescribed by the State Department of Agriculture, or, if the warehouseman has theretofore issued a negotiable receipt to the depositor, the warehouseman shall claim, cancel and replace it with a negotiable receipt showing the amount of such depositor’s grain remaining in the public warehouse.
(3) A nonnegotiable receipt shall have plainly lettered upon the face thereof, "Not Negotiable" or "Nonnegotiable."
(4) For failure of the warehouseman to claim and cancel, on delivery by grain stored in the public warehouse of the warehouseman, a negotiable receipt therefor issued by the warehouseman, the negotiation of which would transfer the right to possession of such grain, a warehouseman shall be liable to any one who purchases such receipt for value and in good faith, for failure to deliver to the purchaser all the grain specified in the receipt, whether such purchaser acquired title to the negotiable receipt before or after delivery of any part of the grain by the warehouseman. [1961 c.445 §13]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.395 - Warehouseman’s liability for injury to grain; disposal of grain which is a hazard.

(1) A warehouseman shall be liable for any loss or injury to the grain in the public warehouse of the warehouseman caused by the failure of the warehouseman to exercise such care in regard to it as a reasonably careful person would exercise in regard to similar grain of the person’s own.
(2)(a) If a warehouseman discovers that as a result of a quality or condition of certain grain placed in the public warehouse of the warehouseman, of which the warehouseman had no notice at the time of deposit, such grain is a hazard to other grain or to persons or to the public warehouse, and if it is not immediately removed by the owners at the request of the warehouseman, the warehouseman may sell the grain at public or private sale without advertisement but with reasonable notification to all persons known to claim an interest in the grain. If the warehouseman after a reasonable effort is unable to sell the grain, the warehouseman may dispose of it in any other lawful manner and shall incur no liability by reason of such disposition.
(b) At any time prior to sale or disposition as authorized in this section, the warehouseman shall deliver the grain to any person entitled to it, upon proper demand and payment of charges.
(c) From the proceeds of sale or other disposition of the grain the warehouseman may satisfy the charges of the warehouseman for which otherwise the warehouseman would have a lien, and shall hold the balance thereof for delivery on the demand of any person to whom the warehouseman would have been required to deliver the grain. [1961 c.445 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.400 - Duty of warehouse receiving grain for storage; damages for failure to deliver.

(1) Except as otherwise provided in subsection (2) of this section, the duty of a warehouse receiving grain for storage or shipment in a public warehouse operated by the warehouse shall be governed by the provisions of ORS 77.4030.
(2) A warehouse’s duty to deliver grain is fulfilled if delivery is made to the several owners in the order of demand as rapidly as it can be done by ordinary diligence; where delivery is made within 48 hours after facilities for receiving the grain are provided, such delivery is deemed to comply with this subsection.
(3) No warehouse shall fail to deliver grain as provided in this section.
(4) In addition to being subject to penalties under ORS 586.990 for violation of subsection (3) of this section, if a warehouse fails to deliver grain as provided in this section, the person entitled to delivery of the grain may maintain an action against the warehouse for any damages resulting from the warehouse’s failure to deliver. In any such action the person entitled to delivery of the grain has the option to seek recovery of actual damages or of liquidated damages of one cent per bushel for each day’s delay. [Amended by 1955 c.731 §15; 1961 c.726 §420; 2009 c.181 §112]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.410 - Loading and shipping instructions; liability of warehouseman.

Owners of negotiable grain warehouse receipts surrendered for shipment of grain or of grain in a public warehouse for which load slips only are furnished shall furnish the warehouseman with written instructions regarding the capacity of cars to be ordered from the transportation company and as to the manner of loading and billing shipments made in such cars as are furnished by the transportation company. The warehouseman shall load and bill all such shipments in exact accordance with instructions given, and is liable to the owner of the receipt so surrendered or of the grain for which load slips only are furnished for the amount of any excess freight paid, or for other damages suffered, by the owner of the receipt or grain resulting from the failure of the warehouseman to follow exactly the loading and billing instructions as given the warehouseman. [Amended by 1955 c.731 §16]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.415 - Approval of holder of receipt required before sale, shipment or other transaction.

No warehouseman shall sell, encumber, ship, transfer or in any manner remove or permit to be shipped, transferred or removed from a warehouse any grain received by the warehouseman for deposit or handling, without the written approval of the holder of the warehouse receipt or load slip. [1961 c.445 §16]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.520 - Inspection of warehouses; records required of warehouseman; fee.

(1) Upon the request of any person or persons having an interest in grain stored in any public warehouse and upon payment of $25 in advance, the State Department of Agriculture shall cause such warehouse to be inspected and shall cause to be checked the outstanding negotiable grain warehouse receipts and load slips which have not been superseded by negotiable grain warehouse receipts with the grain on hand and shall report the amount of receipts and load slips outstanding and the amount of storage, if any. If the cost of the examination is less than $25 the excess shall be returned to the person making the payment, and if the cost of the examination is more than $25 the person or persons having an interest in the grain stored in any such warehouse, and requesting such examination, shall pay the additional cost to the department.
(2) The department may cause every such warehouse and business thereof and the mode of conducting the warehouse to be inspected by one or more of its officers, employees or inspectors whenever deemed proper. A public warehouse shall be maintained in a manner adequate to provide convenient and safe means of ingress and egress to the various storage bins and compartments by those persons authorized to make inspections. The warehouseman shall cooperate with the department in any inspection of the warehouse or warehouse records and shall assist the department in every reasonable manner in any of such inspections.
(3) The property, books, records, accounts, papers and proceedings of every such warehouseman shall at all times during the business hours be subject to such inspection by the department. The warehouseman shall maintain adequate records and systems for the filing and accounting of warehouse receipts, canceled warehouse receipts, load slips, other documents and transactions necessary or common to the warehouse industry. Canceled warehouse receipts, copies of load slips and other copies of documents evidencing ownership or ownership liability shall be retained by the warehouseman for a period of at least three years from date of cancellation. [Amended by 1955 c.731 §17; 1957 c.11 §5; 1957 c.314 §2; 1969 c.190 §4; 1981 c.204 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.527 - Settlement of claims against defaulting warehouseman.

(1) If the State Department of Agriculture considers the appointment of a receiver or other action provided by ORS 586.525 inadvisable or inexpedient in the case of depositors of grain in a public warehouse operated by a warehouseman who is in default as to any condition of bond, it may obtain settlement for such depositors as provided in this section.
(2) The department shall:
(a) Give reasonable notice to persons holding warehouse receipts or other evidence of deposit issued by the defaulting warehouseman, to file claims with the department.
(b) Fix a reasonable time within which such filing shall be done.
(c) Investigate each claim so filed and reasonably verify the circumstances under which the claims accrued and the good faith of the claimants.
(3) With the approval of the claimants who filed claims, the department may settle such claims with the surety without filing legal action. Such settlement unless appealed to the circuit court within 30 days as provided by law, is final between the surety and all claimants covered by the bond.
(4) If any claimant or the surety does not agree with the findings of the department, the department shall file a declaratory judgment action without right to jury trial in the circuit court in the name of the State of Oregon for the benefit of the claimants as authorized by ORS chapter 28. Unless appealed as prescribed by law, the order of the court shall be final between the surety and all claimants covered by the bond. [1961 c.445 §19; 1979 c.284 §177]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.529 - Receivership of warehouse business; claims against surety.

(1) An employee of the State Department of Agriculture may be appointed receiver if the court is unable, or deems it inadvisable, to obtain the services of another qualified person to accept the position as authorized by ORS 586.525. If a person other than an employee of the department is appointed a receiver and if at any time it is apparent to the court that there is or may be insufficient assets from which to make reasonable payment for expenses or services rendered or to be rendered, the department is authorized with the approval of the court from funds received under this chapter, to make payment to such receiver for services rendered or expenses incurred thereunder of a total amount not to exceed $2,000 in any one particular receivership. The department is entitled to be reimbursed from the assets of the receivership on the same basis and priority as otherwise applies by law to payment to receivers appointed by the court.
(2) If a receiver is appointed as authorized by ORS 586.525, the surety on the bond of the warehouseman shall be made a party to the receivership and the action filed by the department. In addition to other authority provided by law, the receiver shall have authority to give notice and provide a reasonable time, as approved by the court, to persons holding warehouse receipts or other evidence of deposit issued by the defaulting warehouseman, to file their claims with the receiver. The receiver shall investigate each claim, determine the pro rata share of grain less setoffs, or the proceeds of the sale of such grains, due each claimant. The receiver shall also determine the amount, if any, due each claimant by the surety. The court after hearing may adopt or amend the findings of the receiver and shall by order, make distribution of grains or the proceeds from the sale of grains. The court by order shall also require the surety to make payment to claimants. Such orders unless appealed as otherwise authorized by law, are to be a final settlement of such matters between the parties concerned. The receiver is authorized with the approval of the court to continue the operation of all or any part of the entire business of the warehouseman and to take any other course of action or procedure which will best serve the interests of the depositors or those who need and use the services offered by the licensee and the warehouse. [1961 c.445 §20]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.530 - Establishment of standard grades for commodities received.

(1) The State Department of Agriculture shall fix and establish standard grades to apply to all grain received for shipment or storage by public warehouses in this state. The department may establish standard grades for forage products, including but not limited to straw and hay and for other agricultural commodities received for shipment or storage at such warehouses.
(2) The standards shall be established or changed in accordance with the provisions of ORS 632.900 to 632.935. [Amended by 1955 c.731 §18; 1969 c.190 §5; 1997 c.460 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.550 - Warehouseman to keep copy of regulations available for inspection.

(1) It is the duty of the State Department of Agriculture, immediately after the establishment of grades under ORS 586.530, to supply all warehousemen with a copy of the grades, rules and regulations of the department.
(2) Every public warehouseman shall keep:
(a) The copy of grades, rules and regulations on file in a convenient place in every such warehouse.
(b) If an office is maintained in connection with such warehouse, a copy of the grades, rules and regulations on file in the office.
(c) A placard notice, furnished by the department, posted in a conspicuous place in every such warehouse and such office, reading as follows:
______________________________________________________________________________
A copy of Oregon grades, rules and regulations is on file here for information of interested parties.
______________________________________________________________________________
(3) Every warehouseman shall exhibit the copy of grades, rules and regulations to any interested party applying therefor at the warehouse or office and shall permit the interested party to examine and consult the copy. [Amended by 1955 c.731 §19; 1995 c.79 §317]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.555 - Warehouseman’s reports to department.

Each warehouseman shall report information to the State Department of Agriculture at such times and as may be required by the department for the necessary enforcement and supervision of a sound, reasonable and efficient warehouse inspection program for the protection of depositors of grain and for persons or agencies who lend money against such grains. [1961 c.445 §21]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.561 - Discontinuance of operation of warehouse.

(1) Any person operating a public warehouse who desires to discontinue the operation shall at least 30 days prior to the date of expiration or closing date notify, by certified or registered mail, at the last-known address all holders of warehouse receipts, all persons storing grain in such warehouse and the department of the intention to discontinue the public warehouse business.
(2) If the address of any holder of a warehouse receipt or persons storing grain is unknown, then the person operating a public warehouse shall also give notice of the intention to discontinue the operation of a public warehouse by publication in some newspaper of general circulation in the county once a week for two consecutive weeks. The date of the second published notice shall be at least 30 days prior to the date of expiration of the operations.
(3) It shall be the duty of owners of such grain to remove, or cause to be removed, their grain from such warehouse before the expiration date.
(4) If the warehouse has not notified all persons or holders of warehouse receipts as provided in subsection (1) of this section or published a notice as provided by subsection (2) of this section, and if at the expiration date of the operations of the warehouse there are outstanding warehouse receipts covering grain in storage in the warehouse, or in the opinion of the department there is reasonable evidence of outstanding liability by the warehouse under ORS chapter 77 or this chapter, then:
(a) The warehouse is required to apply for, obtain and maintain a bond as provided for in ORS 586.300 until such date that the State Department of Agriculture determines all grain has been removed from the warehouse or the rights or claims of all holders of warehouse receipts have been protected and satisfied.
(b) The department may invoke and is authorized to use the procedures and authority as provided for in ORS 586.525. The department is authorized to carry out and the warehouse is subject to the provisions of ORS 586.525 regardless of the fact that the license of the warehouse may have expired. [1957 c.11 §1; 1961 c.726 §422; 1995 c.79 §318; 2009 c.181 §113]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.710 - Disposition of certain fees; continuing appropriation.

Except for fees paid under ORS 586.270, all fees collected by the State Department of Agriculture under this chapter shall be paid into the State Treasury to the credit of the Department of Agriculture Account. Such moneys constitute a continuing appropriation for the purpose of carrying out the provisions of this chapter. The fees paid to the department under ORS 586.270 shall be deposited in the Department of Agriculture Service Fund, and such funds are continuously appropriated to the department for the purpose of administering and enforcing this chapter. [Amended by 1955 c.731 §31; 1979 c.499 §10; 2013 c.118 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.720 - Application of Uniform Commercial Code–Documents of Title and other laws to public warehouses.

(1) Except as provided in subsection (2) of this section, every public warehouse complying with the provisions of ORS 586.210 to 586.730 is exempt from all the provisions of all other laws of this state regulating and licensing warehouses.
(2) The provisions of ORS chapter 77 apply to public warehouses complying with the provisions of ORS 586.210 to 586.730 to the extent that the provisions of ORS chapter 77 are not inconsistent with the provisions of ORS 586.210 to 586.730. [Amended by 1955 c.731 §32; 1961 c.726 §423; 1995 c.79 §319; 2009 c.181 §114]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.730 - Violation of provisions or noncompliance with order prohibited.

(1) No warehouseman shall violate, or procure, aid, or abet any violation by any warehouseman, of any provision of ORS 586.210 to 586.300, 586.315 to 586.380, 586.400, 586.410, 586.520, 586.525, 586.530, 586.550 or 586.710 to 586.730, or fail to comply with any order of the State Department of Agriculture, or procure, aid or abet any warehouseman in failure to comply with any such order.
(2) No person, individually or acting as an official or agent of any corporation other than a warehouseman, shall violate any provisions of ORS 586.210 to 586.300, 586.315 to 586.380, 586.400, 586.410, 586.520, 586.525, 586.530, 586.550 or 586.710 to 586.730, or fail to comply with any order made by the department under those sections so long as the order remains in force, or procure, aid or abet any such corporation, in its violation of those sections, or in its failure to comply with any such order. [Amended by 1983 c.740 §226; 2013 c.118 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 586 - Warehouses › Section 586.990 - Penalties.

(1) Violation of ORS 586.250 is a Class B misdemeanor.
(2) Violation of ORS 586.730 is a Class A misdemeanor.
(3) Violation of any of the provisions of ORS 586.210 to 586.300, 586.315 to 586.380, 586.400, 586.410, 586.520, 586.525, 586.530, 586.550, 586.710 or 586.720, or failure to comply with any order, rule, direction, demand or requirement of the State Department of Agriculture made pursuant to those sections, is a specific fine violation punishable by a fine not exceeding $3,000 for each offense. Each violation is a separate and continuing offense. In case of a continuing violation, every day’s continuance of the violation is a separate and distinct offense.
(4) Violation of ORS 586.382, 586.385 and 586.395 is a Class A misdemeanor. [Amended by 1955 c.731 §33; subsection (4) added by 1961 c.445 §22; 1961 c.726 §424; 1963 c.116 §2; 1983 c.740 §227; 1997 c.608 §3; 2011 c.597 §242; 2013 c.118 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.020 - Purpose of chapter.

The purpose and object of this chapter is to provide the owners of grain the means of warehousing or storing their grain on farms, on or near railroad rights of way and other suitable places under proper safeguards, as a basis of farm credit on the grain so stored.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.030 - State Department of Agriculture to administer and enforce chapter.

The State Department of Agriculture shall manage, control and direct the operations of the provisions of this chapter and has full power to make effective the provisions of this chapter and the rules and regulations which the department prescribes to carry out the purposes and objects of this chapter.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.040 - Powers of department; rules.

In addition to the general powers conferred by ORS 587.030 the State Department of Agriculture has the following express powers:
(1) To appoint inspectors of grain.
(2) To make and promulgate the necessary or desirable rules and regulations, not inconsistent with this chapter, to carry out effectually the purposes of this chapter; the department may consider applicable and necessary laws and regulations of the United States and this state, particularly ORS chapter 586.
(3) To set up the necessary procedures to make effective the provisions of this chapter, such as the purchase of supplies, printing, stationery and equipment, and the appointing of clerical help and assistance, all of which expense shall be audited and paid as a part of the general expense of the administration of this chapter.
(4) To require the owner of grain to obtain and maintain insurance in such type, amount and manner, including or covering such provisions or contingencies as the department believes are reasonably necessary to protect the people of this state, the grain industry and the persons who handle grain certificates. [Amended by 1959 c.201 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.050 - Petition for services by department.

Whenever 15 or more farmers operating farms tributary to any market center petition the State Department of Agriculture for services authorized by this chapter, the department forthwith shall provide for the method of inspection and certify all warehouse certificates for grain inspected. [Amended by 1959 c.201 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.090 - Application for storage of grain.

Any owner of grain desiring to store it shall make a written application to the State Department of Agriculture indicating where the grain is stored, the kind of structure in which stored and the encumbrance on the grain, if any. The application shall be signed and sworn to by the applicant. Whenever any grain is owned by more than one owner, the application shall be signed by all having an interest in the grain. In case such grain is mortgaged, the application for inspection shall be signed by the owner. The department in its discretion may require the mortgagee, mortgagor or any other person having an interest in the grain to sign applications or other documents required in carrying out this chapter. [Amended by 1959 c.201 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.100 - Making inspections; inspection certificates; issuing warehouse certificates.

(1) When application is made to the State Department of Agriculture for the inspection and sealing of grain, whether upon the farm or on or near any railroad right of way, or other suitable place, the department shall, as soon as it is possible so to do, inspect the grain. If the grain and the structure in which it is stored comply with this chapter and the regulations of the department, the department shall:
(a) Obtain the number and description of the bags of grain or measure and obtain the cubic feet content of the grain in the bin.
(b) Estimate the amount of grain in storage, sample the grain to secure an average sample, so as to obtain a required amount of grain to mix and divide into two samples.
(c) Number the bin and the samples to correspond, seal the bin with a seal provided by the department and place on the structure a printed copy of the penalty provided by ORS 587.990 (2) for the unlawful breaking of the seal.
(d) Forward to its laboratory one of the samples obtained from the bin, and obtain from the laboratory inspection certificates, in triplicate, which shall be dated, numbered and shall designate the owner’s name, the number of the sample inspected, the kind of grain, and if mixed, the percentage of each kind, the dockage and, upon request, the moisture and protein content.
(2) As soon as inspection certificates are obtained, the department shall issue negotiable warehouse certificates in triplicate, attaching to each a copy of the inspection certificate. When approved by the department the certificates are deemed to be issued by the proper authority of the department. Any certificate issued for grain owned by more than one person, or mortgaged, shall be issued in the name of such persons, including the mortgagee.
(3) An authorized representative of the department may at any time enter upon the premises where any grain is stored under this chapter for the purpose of making an inspection thereof, and the acceptance of the warehouse certificate by the owner is consent to such entry and inspection. [Amended by 1959 c.201 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.110 - Form and contents of warehouse certificate; approval by department.

The form of the warehouse certificate issued under this chapter shall be prepared and approved by the State Department of Agriculture. Every certificate must embody within its written or printed terms the following:
(1) The consecutive number of the certificate.
(2) The date of issuance of the certificate.
(3) A description of the structure in which the grain is stored and the legal description of the premises where stored.
(4) A description of the grain, giving its grade, kind, variety, dockage, the protein content and moisture content if requested, the number of bags, if any, the amount thereof to be computed from the number of bags or if in bulk the cubical measure thereof.
(5) The name of the owner or owners, whether ownership is sole, joint or in trust, and the conditions of such ownership, as shown by the application.
(6) A statement of any and all encumbrances upon the grain as reported in the application.
(7) A statement that the grain will be delivered at elevator or farm storage or on railroad after approved by the department; but it may be sold on track, to arrive or to be consigned at the option of the owner of the grain.
(8) The facsimile signature of the Director of Agriculture and the countersignature of the authorized representative of the department.
(9) Notation of inspection fee. [Amended by 1959 c.201 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.120 - Certificates to be in triplicate; disposition of original and copies.

All warehouse certificates issued under this chapter shall be in triplicate. The original shall be delivered to the owner, one copy shall be retained by the State Department of Agriculture and the other copy shall be filed in the office of the county clerk of the county in which the grain is stored. Both copies of the certificate shall have plainly printed and stamped across the face thereof "Duplicate–No Value." [Amended by 1959 c.201 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.130 - Filing and recording certificates.

The State Department of Agriculture shall file in the office of the county clerk of the county wherein the grain is stored a copy of the warehouse certificate. The certificate shall be indexed under chattel mortgages. The filing fee shall be paid by the department and charged to the general expense of the administration of this chapter. The filing is notice that the grain described therein is pledged to the redemption of an outstanding negotiable warehouse certificate. [Amended by 1959 c.201 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.140 - Care by owner of stored grain; delivery to certificate holder; sale by owner.

The owner of grain stored under this chapter is charged with the due care of the grain and shall exercise that degree of care and diligence which an ordinary and prudent person would exercise with regard to similar property of the person’s own. The owner shall also, upon demand of the holder of the certificate and with the approval of the State Department of Agriculture, deliver the grain to the marketplace indicated in the application without charge to the holder. No legal demand for the delivery of the grain can be made, however, upon the owner until the maturity of the obligation for which the certificate is pledged, or until the security becomes in any way impaired; but the owner of the grain in the discretion of the owner with the approval of the department may sell the grain prior to the maturity of the obligation of the owner under the certificate. [Amended by 1959 c.201 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.150 - Locking and sealing storage facilities; bond as waiver of.

The locking up and sealing of any storage facility acceptable to the State Department of Agriculture hereby is waived, if and when the applicant has filed a warehouseman’s bond, as a guaranty to the carrying out of the provisions of this chapter. Such bond shall be passed on and approved by the department.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.160 - Determination of amount of grain; warehouse certificate as evidence; owner liable for actual amount.

Whenever the amount of grain certified to on the warehouse certificate has been computed by cubic measurements or by number of bags, the amount shall be deemed to be prima facie the amount of the grain, but the actual amount shall be determined by the actual weight thereof. The owner, however, is responsible and liable to the holder of the certificate, for the delivery of the amount of grain indicated on the certificate by actual weight, or the value of any shortage thereof.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.190 - Expenses of administering chapter; disposition of inspection fees; continuing appropriation.

The expenses of the administration of this chapter shall be paid by the owners of the grain, and the fee collected at the time of inspecting and sealing. The amount so paid shall be stated in the certificate. The fee for the inspection shall be established by the State Department of Agriculture on the basis of a fee for each bushel of grain stored in an amount that will reasonably reimburse the department for its costs in carrying out this chapter. The department may also make a charge for travel, overtime or other necessary expenses. All such fees shall be paid to the department and deposited with the State Treasurer in the General Fund to the credit of the Department of Agriculture Account and are continuously appropriated to carrying out this chapter. [Amended by 1959 c.201 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 587 - Storage of Grain as Basis of Farm Credit › Section 587.990 - Penalties.

(1) Any person who states in the application provided for in ORS 587.090 any material fact known to be false and for the purpose of misleading the State Department of Agriculture is guilty of a misdemeanor.
(2) Any person who, with the intent to defraud, breaks the seal of any structure in which grain is stored under this chapter is guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than two years. [Amended by 1959 c.201 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 596 - Disease Control Generally › Section 596.010 - Definitions.

As used in this chapter, except as provided in ORS 596.615 to 596.681:
(1) "Department" means the State Department of Agriculture.
(2) "Disease" means any disease of livestock which may be transmitted or communicated through direct or indirect contact from one animal to another, including those diseases transmitted by or through livestock to humans.
(3) "Livestock" includes, but is not limited to, horses, mules, jennies, jackasses, cattle, sheep, dogs, hogs, goats, domesticated fowl, psittacines, ratites and domesticated fur-bearing animals. [Amended by 1955 c.557 §1; 1981 c.334 §8; 1997 c.282 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 596 - Disease Control Generally › Section 596.020 - Duties of the State Department of Agriculture in protection of people and livestock.

(1) The State Department of Agriculture shall:
(a) Exercise general sanitary and disease control supervision over the livestock of this state, and as far as possible, protect the livestock of this state from disease.
(b) Take all measures necessary and proper, in its judgment, to control diseases within this state and to eradicate and prevent the spread of infectious, contagious and communicable diseases that may exist among livestock and to prevent the entry into this state of animals or materials liable to convey infectious, contagious and communicable diseases to the livestock or people of this state.
(c) Prohibit and prevent the sale or use of products dangerous to the health of livestock.
(2) The breeding, raising, producing in captivity and marketing of foxes, mink, chinchilla, rabbit, caracul or ratite is an agricultural pursuit. All such animals raised in captivity are domesticated fur-bearing animals or domesticated fowl within the meaning of ORS 596.010 and are subject to the provisions of this chapter. Such animals are not within the purview of the state game laws. All other animals in captivity are subject to the provisions of this chapter for purposes of disease control only.
(3) The department may, to the extent of its professional ability and at the request of a governmental body, assist them in the performance of their prescribed duties. [Amended by 1955 c.557 §2; 1965 c.217 §1; 1971 c.483 §1; 1975 c.399 §1; 1997 c.162 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 596 - Disease Control Generally › Section 596.030 - Administration of national plans relating to poultry; disposition of fees; suspension of participants.

(1) The State Department of Agriculture is designated as the official agency in Oregon for cooperation with the United States Department of Agriculture and other states of the United States in the administration of the National Poultry Improvement Plan and the National Turkey Improvement Plan, relating to eradication and control of poultry and fowl diseases and the improvement of breeding and production qualities of such fowl.
(2) All fees collected by the department from participants in either of such plans shall be deposited in the State Treasury and credited to the Department of Agriculture Service Fund, and such fees are continuously appropriated to the department for administration and enforcement of such plans.
(3) A civil action may be maintained by the department on relation of its director for the collection of any unpaid fees charged to participants for services rendered or materials furnished by the department in connection with the administration of either plan.
(4) Nonpayment of fees due the department, as required by law, or failure or refusal to comply with the provisions of the plans or rules thereunder, suspends the right of a person to participate therein and to use any of the material thereunder. The department shall forward a written notice of suspension to the last-known address of the participant, by certified mail, at least 15 days prior to the date of suspension. Prior to the effective date of the suspension, the participant may present information and data to the department showing there has been compliance with the law and the department shall grant such participant an immediate hearing in accordance with ORS chapter 183. The order of suspension shall be effective as provided in the order issued pursuant to such hearing. [Amended by 1965 c.217 §2; 1971 c.734 §90; 1979 c.499 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 596 - Disease Control Generally › Section 596.040 - Cooperative agreements with U.S. Department of Agriculture or other federal agency for livestock disease control; receipt and use of funds.

(1) Whenever the Director of Agriculture deems it necessary, the director may enter into cooperative and reciprocal agreements with the United States Department of Agriculture or any other federal agency for the purpose of controlling and eradicating any disease that may exist among the livestock of this state, and may receive and expend funds pursuant to such agreements in furtherance of such purpose.
(2) Whenever any federal department or agency, through its authorized veterinary officers, agents or employees is thus engaged, each of them shall have the full power and authority of a deputy state veterinarian, but is not entitled to pay from this state for services the veterinary officer, agent or employee performs. [Amended by 1955 c.557 §3; 1971 c.483 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 596 - Disease Control Generally › Section 596.050 - Production of bacteriological or biological products for department; use of proceeds.

The Oregon agricultural experiment station, the College of Veterinary Medicine, Oregon State University or the State Department of Agriculture may make, produce or furnish bacteriological or biological products to be used by the department for the treatment, prevention or detection of animal disease. If either the experiment station or the College of Veterinary Medicine furnishes the products, the station or the college may do so directly to the department and shall produce and furnish such products at actual or approximate cost. Such cost shall be paid by the department out of funds available for that purpose. All money obtained by the department from the sale of such biological or bacteriological products shall be used by the department to pay such costs and for making, producing or furnishing such products, and is continuously appropriated to the department for that purpose. [Amended by 1981 c.681 §1; 2003 c.14 §355]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 596 - Disease Control Generally › Section 596.065 - Vaccines and products hazardous to livestock health; rules; written permits authorizing use, purchase, sale or distribution of vaccines and products.

(1)(a) The following vaccines or bacteriological or biological products are deemed to be vaccines or products that are a hazard to the livestock in this state:
(A) Brucella Abortus Vaccine;
(B) Hog Cholera Vaccine; and
(C) Any biologic not approved for general use by the United States Department of Agriculture.
(b) In addition to the vaccines or products set forth in paragraph (a) of this subsection, the State Department of Agriculture, after consultation with the Oregon Veterinary Medical Association, may from time to time enact and amend rules containing a list of additional vaccines or other bacteriological or biological products used or intended to be used for the detection, prevention, mitigation, control, treatment or curing of livestock diseases, whenever such vaccines or products are or might become a hazard to the livestock in this state.
(c) The biological product Brucella Abortus Antigen may only be used by state veterinarians, federal veterinarians and deputy state veterinarians, and may only be used for programs approved by the State Veterinarian.
(d) The biological product Equine Infectious Anemia Antigen may only be used by the department’s animal health division laboratory personnel.
(2) The department, when establishing a list under subsection (1)(b) of this section, shall consider:
(a) The possibility of dissemination of disease in this state through the use of the vaccines or products.
(b) The known effectiveness of the vaccines or products for the purpose for which they are sold or recommended.
(c) The existence of alternative vaccines or products constituting a lesser or no hazard to livestock.
(d) Whether or not the disease for which a particular vaccine or product is used or intended to be used is present in this state and to what extent it is present.
(e) Any other factor which, having due regard for the properties of the vaccine or product, may constitute a hazard to the health of livestock in this state.
(3) The use, purchase, sale or distribution of vaccines or products which is prohibited under subsection (1) of this section or under ORS 596.075, may be authorized by written permit of the department to:
(a) Deputy state veterinarians, assistant state veterinarians, federal veterinarians, veterinarians duly licensed by the State of Oregon, veterinarians who have been issued a temporary license to practice veterinary medicine under ORS 686.065, veterinary medicine interns issued an internship permit under ORS 686.085 and veterinarians employed by a community college or university in the State of Oregon.
(b) Recognized research agencies. [1955 c.557 §5 (596.065 and 596.075 enacted in lieu of 596.070); 1975 c.399 §2; 1977 c.224 §1; 1983 c.101 §1; 1993 c.742 §58; 2003 c.180 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 596 - Disease Control Generally › Section 596.075 - Prohibition against use of listed harmful vaccines; exceptions.

Except as otherwise provided in ORS 596.065 (3), no person shall use, vaccinate with or inject into any livestock in this state, sell, offer for sale, dispose of or distribute any vaccine, bacteriological or biological product declared to be a hazard to livestock health under ORS 596.065. [1955 c.557 §6 (596.065 and 596.075 enacted in lieu of 596.070)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 596 - Disease Control Generally › Section 596.095 - Definitions for ORS 596.100, 596.105 and 596.995.

As used in ORS 596.100, 596.105 and 596.995:
(1) "Animal remedy" means any product used to prevent, inhibit or cure or enhance or protect the health or well-being of animals, but does not include food.
(2) "Department" means the State Department of Agriculture.
(3) "Pharmaceutical" means any product prescribed for the treatment or prevention of disease for veterinary purposes, including vaccines, synthetic and natural hormones, anesthetics, stimulants or depressants.
(4) "Veterinary biologic" means any biologic product used for veterinary purposes, including antibiotics, antiparasiticides, growth promotants or bioculture products. [1991 c.584 §1; 2003 c.14 §356]
Note:
596.095 to 596.105 were enacted into law by the Legislative Assembly but were 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.