Oregon Statutes 604.071 – Prohibitions
A person may not:
Terms Used In Oregon Statutes 604.071
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
- Livestock: means cattle, Equidae, sheep and any other animals designated by the administrative rule of the department. See Oregon Statutes 604.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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]