ORS Chapter 596
TITLE 48
ANIMALS
Chapter 596. DiseaseControl Generally
599. LivestockAuction Markets; Stockyards; Auction Sales
600. Swine
601. DeadAnimals
602. Bees
603. MeatSellers and Slaughterers
604. Brandsand Marks; Feedlots
607. LivestockDistricts; Stock Running at Large
608. Fencesto Prevent Damage by or to Animals
609. AnimalControl; Exotic Animals; Dealers
610. PredatoryAnimals
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Chapter 596 — DiseaseControl Generally
2009 EDITION
DISEASECONTROL GENERALLY
ANIMALS
GENERALPROVISIONS
596.010 Definitions
596.020 Dutiesof the State Department of Agriculture in protection of people and livestock
596.030 Administrationof national plans relating to poultry; disposition of fees; suspension ofparticipants
596.040 Cooperativeagreements with U.S. Department of Agriculture or other federal agency forlivestock disease control; receipt and use of funds
596.050 Productionof bacteriological or biological products for department; use of proceeds
596.060 Peaceofficers to assist the department
VACCINESAND TREATMENTS
596.065 Vaccinesand products hazardous to livestock health; rules; written permits authorizinguse, purchase, sale or distribution of vaccines and products
596.075 Prohibitionagainst use of listed harmful vaccines; exceptions
596.095 Definitionsfor ORS 596.100, 596.105 and 596.995
596.100 Registrationof products used for treatment of animals; fees; rules
596.105 Productsexempt from registration; rules
STATEVETERINARIAN AND DEPUTY STATE VETERINARIANS
596.210 Establishingoffice of State Veterinarian; qualifications and duties
596.220 Deputystate veterinarians
596.225 Contractingfor services of deputy state veterinarian; Veterinary Medical Fee Schedule
596.230 Dutiesof deputy veterinarians
596.250 Revocationor suspension of appointment of deputy veterinarian
CONTROLAND ERADICATION OF CONTAGIOUS DISEASES
596.311 Examination,testing or treatment of livestock at owner’s request before shipment; issuanceof health certificates; collection and disposition of fees
596.321 Rulesgoverning vaccinations and reporting of listed livestock diseases
596.331 Prohibitionagainst disposing of diseased livestock, parts of quarantined livestock orunvaccinated female cattle; exceptions
596.341 Examination,testing or treatment of livestock before entry into state; permit requirements;conditions and exemptions
596.343 Testingsheep for Akabane Virus
596.346 Permitrequirements and application form; material to be submitted with application
596.351 Prohibitedacts relating to livestock importation
596.355 Prohibitionagainst importation of livestock from quarantined area
596.361 Summaryquarantine of livestock imported in violation of ORS 596.351; disposal ofdiseased livestock
596.371 Treatmentof diseased livestock by owner; notice; treatment by department; lien fortreatment
596.388 Departmentto investigate cases of disease; authority of agents to enter premises
596.392 Authorityof department relating to disease control
596.393 Burningor burial of carcasses to control disease
596.394 Summaryquarantine of livestock and contaminated property imported into state fromquarantined area; release thereof
596.396 Lengthof quarantine; payment of expense of cleaning and disinfecting
596.402 Authorityto summarily quarantine areas; notice
596.404 Departmentmay seize part or product of slaughtered diseased livestock; release thereof
596.406 Departmentto prescribe methods of destruction of property; indemnity
596.412 Factorsto be considered by department in exercise of disease control powers
596.416 Applicationto court to compel owner or person in charge of property to cooperate
596.460 Dutyto separate and confine diseased animals; vaccination; evidence of vaccination
596.470 Healthcertificates for disease-free animals
INDEMNIFICATIONFOR LIVESTOCK OR PROPERTY ORDERED DESTROYED
596.615 “Livestock”defined
596.620 Indemnificationof owners of livestock or property slaughtered or destroyed by order ofdepartment
596.625 Approvalof indemnification required
596.640 Livestockand property not eligible for indemnity
596.650 Indemnity;appraisal of animal or property prior to destruction
596.660 Methodof destruction; salvage
596.671 Amountof indemnity
596.681 Limitof state indemnity to livestock owner also receiving federal indemnity
PENALTIES
596.990 Penalties
596.995 Civilpenalties
GENERALPROVISIONS
596.010Definitions.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 orcommunicated 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 anddomesticated fur-bearing animals. [Amended by 1955 c.557 §1; 1981 c.334 §8;1997 c.282 §1]
596.020Duties of the State Department of Agriculture in protection of people andlivestock.(1) The State Department of Agriculture shall:
(a)Exercise general sanitary and disease control supervision over the livestock ofthis state, and as far as possible, protect the livestock of this state fromdisease.
(b)Take all measures necessary and proper, in its judgment, to control diseaseswithin this state and to eradicate and prevent the spread of infectious,contagious and communicable diseases that may exist among livestock and toprevent the entry into this state of animals or materials liable to conveyinfectious, contagious and communicable diseases to the livestock or people ofthis 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 suchanimals raised in captivity are domesticated fur-bearing animals ordomesticated fowl within the meaning of ORS 596.010 and are subject to theprovisions of this chapter. Such animals are not within the purview of thestate game laws. All other animals in captivity are subject to the provisionsof this chapter for purposes of disease control only.
(3)The department may, to the extent of its professional ability and at therequest of a governmental body, assist them in the performance of theirprescribed duties. [Amended by 1955 c.557 §2; 1965 c.217 §1; 1971 c.483 §1;1975 c.399 §1; 1997 c.162 §1]
596.030Administration of national plans relating to poultry; disposition of fees; suspensionof participants.(1) The State Department of Agriculture is designated as the official agency inOregon for cooperation with the United States Department of Agriculture andother states of the United States in the administration of the National PoultryImprovement Plan and the National Turkey Improvement Plan, relating toeradication and control of poultry and fowl diseases and the improvement ofbreeding and production qualities of such fowl.
(2)All fees collected by the department from participants in either of such plansshall be deposited in the State Treasury and credited to the Department ofAgriculture Service Fund, and such fees are continuously appropriated to thedepartment for administration and enforcement of such plans.
(3)A civil action may be maintained by the department on relation of its directorfor the collection of any unpaid fees charged to participants for servicesrendered or materials furnished by the department in connection with theadministration of either plan.
(4)Nonpayment of fees due the department, as required by law, or failure orrefusal 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 thematerial thereunder. The department shall forward a written notice ofsuspension to the last-known address of the participant, by certified mail, atleast 15 days prior to the date of suspension. Prior to the effective date ofthe suspension, the participant may present information and data to thedepartment showing there has been compliance with the law and the departmentshall grant such participant an immediate hearing in accordance with ORSchapter 183. The order of suspension shall be effective as provided in theorder issued pursuant to such hearing. [Amended by 1965 c.217 §2; 1971 c.734 §90;1979 c.499 §11]
596.040Cooperative agreements with U.S. Department of Agriculture or other federalagency for livestock disease control; receipt and use of funds. (1) Wheneverthe Director of Agriculture deems it necessary, the director may enter intocooperative and reciprocal agreements with the United States Department ofAgriculture or any other federal agency for the purpose of controlling anderadicating any disease that may exist among the livestock of this state, andmay receive and expend funds pursuant to such agreements in furtherance of suchpurpose.
(2)Whenever any federal department or agency, through its authorized veterinaryofficers, agents or employees is thus engaged, each of them shall have the fullpower and authority of a deputy state veterinarian, but is not entitled to payfrom this state for services the veterinary officer, agent or employeeperforms. [Amended by 1955 c.557 §3; 1971 c.483 §2]
596.050Production of bacteriological or biological products for department; use ofproceeds.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 thedepartment for the treatment, prevention or detection of animal disease. Ifeither the experiment station or the College of Veterinary Medicine furnishesthe products, the station or the college may do so directly to the departmentand shall produce and furnish such products at actual or approximate cost. Suchcost 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 orbacteriological products shall be used by the department to pay such costs andfor making, producing or furnishing such products, and is continuouslyappropriated to the department for that purpose. [Amended by 1981 c.681 §1;2003 c.14 §355]
596.060Peace officers to assist the department. The State Department of Agriculture orany of its officers, employees or deputies may at any time call upon any peaceofficer for assistance in the discharge of duties, and such peace officer shallgive the assistance requested.
VACCINESAND TREATMENTS
596.065Vaccines and products hazardous to livestock health; rules; written permitsauthorizing use, purchase, sale or distribution of vaccines and products. (1)(a) Thefollowing vaccines or bacteriological or biological products are deemed to bevaccines 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 ofAgriculture.
(b)In addition to the vaccines or products set forth in paragraph (a) of thissubsection, the State Department of Agriculture, after consultation with theOregon Veterinary Medical Association, may from time to time enact and amendrules containing a list of additional vaccines or other bacteriological orbiological products used or intended to be used for the detection, prevention,mitigation, control, treatment or curing of livestock diseases, whenever suchvaccines or products are or might become a hazard to the livestock in thisstate.
(c)The biological product Brucella Abortus Antigen may only be used by stateveterinarians, federal veterinarians and deputy state veterinarians, and mayonly be used for programs approved by the State Veterinarian.
(d)The biological product Equine Infectious Anemia Antigen may only be used by thedepartment’s animal health division laboratory personnel.
(2)The department, when establishing a list under subsection (1)(b) of thissection, shall consider:
(a)The possibility of dissemination of disease in this state through the use ofthe vaccines or products.
(b)The known effectiveness of the vaccines or products for the purpose for whichthey are sold or recommended.
(c)The existence of alternative vaccines or products constituting a lesser or nohazard to livestock.
(d)Whether or not the disease for which a particular vaccine or product is used orintended 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 orproduct, may constitute a hazard to the health of livestock in this state.
(3)The use, purchase, sale or distribution of vaccines or products which isprohibited under subsection (1) of this section or under ORS 596.075, may beauthorized by written permit of the department to:
(a)Deputy state veterinarians, assistant state veterinarians, federalveterinarians, veterinarians duly licensed by the State of Oregon,veterinarians who have been issued a temporary license to practice veterinarymedicine under ORS 686.065, veterinary medicine interns issued an internshippermit under ORS 686.085 and veterinarians employed by a community college oruniversity in the State of Oregon.
(b)Recognized research agencies. [1955 c.557 §5 (596.065 and 596.075 enacted inlieu of 596.070); 1975 c.399 §2; 1977 c.224 §1; 1983 c.101 §1; 1993 c.742 §58;2003 c.180 §1]
596.070 [Repealed by1955 c.557 §4 (596.065 and 596.075 enacted in lieu of 596.070)]
596.075Prohibition against use of listed harmful vaccines; exceptions. Except asotherwise provided in ORS 596.065 (3), no person shall use, vaccinate with orinject into any livestock in this state, sell, offer for sale, dispose of ordistribute any vaccine, bacteriological or biological product declared to be ahazard to livestock health under ORS 596.065. [1955 c.557 §6 (596.065 and596.075 enacted in lieu of 596.070)]
596.080 [Repealed by1955 c.557 §36]