Oregon Statutes 604.046 – Brand inspection and certificate requirements; service fee; inspection system; reciprocity between states
(1) Brand inspection and the issuance of a brand inspection certificate is required in this state for:
Terms Used In Oregon Statutes 604.046
- Brand: means a distinctive design, mark or other means of identification applied to a designated location of the hide, wool or skin of livestock, by methods prescribed by administrative rule of the State Department of Agriculture promulgated pursuant to ORS Chapter 183. See Oregon Statutes 604.005
- Brand inspection: means the department's:
(a) Examination of the brands, tags, breed, flesh marks including dewlaps and wattles, earmarks, coloring, sex, age or other distinguishing characteristics of livestock;
(b) Examination of documents and other evidence of ownership or right to possession of livestock; and
(c) Issuance or refusal to issue a brand inspection certificate. See Oregon Statutes 604.005
- Brand inspection certificate: means a document issued by the department that is valid for eight days, unless otherwise specified therein, and that includes:
(a) The date and place of issuance;
(b) The quantity of livestock inspected and a description of the distinguishing characteristics of hides or of livestock examined, including brands, tags, breed and sex;
(c) The name and address of the person to whom issued and the name and address of the owner;
(d) If the livestock are to be transported, the destination;
(e) A statement of any limitation on the use of the certificate, or on its period of validity; and
(f) A signed certification of the department's brand inspector that the brand inspector has examined the described hides or livestock and documents associated therewith and that to the best of the inspector's knowledge the hides or livestock are owned or in the lawful possession of the person presenting the hides or livestock for brand inspection. See Oregon Statutes 604.005
- Department: means the State Department of Agriculture. See Oregon Statutes 604.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Livestock: means cattle, Equidae, sheep and any other animals designated by the administrative rule of the department. See Oregon Statutes 604.005
- Livestock carrier: means the person who transports livestock by rail, motor vehicle, boat, aircraft or on the hoof, either as a common carrier who is available to the public to perform this service for compensation, as a contract carrier who enters into agreements with specific individuals to perform this service for compensation, or as a private carrier who performs this service without compensation as an owner, lessee or bailee of livestock. See Oregon Statutes 604.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) Cattle to be transported from any place in this state to or through any place outside of this state;
(b) Cattle to be transported from any place in this state to a range or pastureland outside of this state and destined to be ultimately returned to this state;
(c) Except as provided in subsection (5)(b) of this section, cattle destined for sale or slaughter at any livestock auction market or other sales facility or slaughterhouse in this state, and prior to such sale or slaughter; and
(d) Except as provided in subsection (5)(a) of this section, cattle transported from any place outside of this state to any livestock auction market or other sales facility or slaughterhouse in this state for sale within this state.
(2) Brand inspection may be performed, upon request of the owner or person in possession of livestock, at either a regular brand inspection location or a place designated by the person requesting the brand inspection. The State Department of Agriculture may require payment of its time and travel costs as a condition to performing the brand inspection. The department may also assess and collect a service fee, not to exceed $35.
(3) In addition to brand inspections under subsections (1) and (2) of this section, the department may establish and carry out a system of brand inspection at the times and places as an intrastate, regional movement of cattle takes place, or as a change of ownership takes place. In establishing any system authorized by this subsection, the department shall consider the customs, practices and theft or ownership problems of the cattle industry, the economic feasibility of carrying out a system, the volume of cattle movement within the state or within specific areas of the state, the laws and regulations of the United States and the desirability for a system as evidenced by a majority of persons who would be affected by the system. Such a system, established in accordance with the provisions of ORS Chapter 183, may include:
(a) That the brand inspection may be in addition to or in lieu of other brand inspections required or allowed by this chapter and the circumstances or conditions under which the alternatives shall be allowed;
(b) The times and places the brand inspection shall take place in relation to the time of movement or location change, or the change of ownership;
(c) The establishment of a brand inspection fee and the person responsible for payment thereof;
(d) The establishment of geographic, regional or political areas within the state in which brand inspection is required; and
(e) The circumstances or conditions under which an exemption from or modification of the system’s requirements may be allowed, considering their feasibility in relation to movement or sale of minimum numbers of cattle.
(4) In addition to brand inspections under subsections (1) to (3) of this section, the department may inspect any hides or livestock at any time, and at any public or private place, building or livestock carrier, if there is a need to identify diseased or suspected diseased livestock, or if the department reasonably suspects that any provisions of this chapter, the administrative rules adopted under this chapter or any criminal laws relating to the possession of livestock, are being violated. This authority is in addition to any authority granted police officers, the department’s brand inspectors, livestock police officers and investigative officers under ORS § 133.525 to 133.703 relating to search and seizures. The department may undertake any of the actions described in ORS § 604.056 (1) if:
(a) An inspection results in a finding that a brand inspection certificate accompanying the hides or livestock is false, erroneous or incomplete in any material respect;
(b) There is a question whether the person in possession of the hides or livestock is the owner or a lawful possessor; or
(c) The person in possession of the livestock fails to submit evidence requested under ORS § 604.051 (1).
(5) In lieu of the brand inspection and the issuance of a brand inspection certificate required by subsection (1) of this section:
(a) Cattle that are transported to any slaughterhouse in this state from any place outside this state, if entering this state may be accompanied by a brand inspection certificate or similar document issued by the other state, provided that such other state has brand inspection comparable to the inspection of this state; or
(b) Cattle, in lots not to exceed 15 head, presented by one person for slaughter at a slaughterhouse may be accompanied by a special slaughterhouse certificate issued by the department for which a fee, equal to the brand inspection fee established by the department under ORS § 604.066 (2), has been paid.
(6) Brand inspection at slaughtering establishments or other facilities where cattle are slaughtered or cattle hides are received, may be required of cattle hides under a system established by the department in accordance with the provisions of ORS Chapter 183. In establishing any system authorized by this subsection, the department shall consider theft or ownership problems associated with slaughtered cattle, the economic feasibility of carrying out the system, the attitudes of the affected members of the cattle industry of this state, the volume of slaughtered cattle within the state or within specific areas of the state, and the laws and regulations of the United States. Any system established under this subsection may include:
(a) The designation of geographic, regional or political areas within the state in which cattle hide inspection is required;
(b) The use of tags, stamps or other devices evidencing ownership of the cattle slaughtered; and
(c) The methods, locations and times for cattle hide inspection.
(7) By written agreement with the appropriate agencies in the States of California, Nevada, Idaho or Washington, the department may recognize brand inspections performed in any of such other states in lieu of the brand inspections required by this chapter. Any such agreement shall provide that recognition of brand inspections of any such other state shall be effective only while brand inspections performed pursuant to this chapter are recognized in such other state. [1981 c.248 § 9; 1983 c.102 § 1; 1985 c.262 § 2; 1987 c.348 § 1; 1991 c.660 § 3; 2007 c.229 § 2; 2021 c.563 § 3]
[Amended by 1953 c.358 § 15; 1961 c.267 § 3; repealed by 1967 c.129 § 19]