ORS Chapter 599 - Oregon Statutes

Chapter 599 — LivestockAuction Markets; Stockyards; Auction Sales

 

2009 EDITION

 

 

LIVESTOCKAUCTION MARKETS; STOCKYARDS; SALES

 

ANIMALS

 

GENERALPROVISIONS

 

599.205     Definitions

 

LIVESTOCKAUCTION MARKETS

 

599.215     Prohibitions

 

599.235     Licensefee; appropriation of moneys; separate licenses for each facility; postinglicense and names of owners

 

599.245     Licensee’sbond

 

599.251     Procedureon licensee’s default as to condition of bond

 

599.255     Suspensionor revocation or refusal to issue or renew licenses

 

599.265     Marketzone; livestock entering market zone to be sold through auction facilities

 

599.269     Brandinspection required prior to public auction of cattle; minimum fee; applicationof section; exemptions

 

599.273     Questionsof livestock ownership and possession

 

599.275     Cattleand hogs in market zone to be kept in clean, disinfected and segregated pens

 

599.285     Floorsin pens; drainage; cleaning pens, alleyways and equipment

 

599.295     Pensfor diseased animals

 

599.305     Pensand facilities for handling, testing, treating or examining livestock

 

599.315     Regulationby department of testing, treating and examining of livestock

 

599.335     Employmentof veterinarian by licensee; authority; revocation of market operator’s licensefor failing to correct insanitary conditions

 

599.345     Weighingby weighmasters; scale tickets in triplicate

 

599.355     Recordsto be kept by licensee

 

599.385     Enforcementprocedures

 

599.395     Jointfederal-state administration of chapter

 

599.401     Livestockauction market license required; moving location of market; rules

 

599.406     Licenseapplication; rules; fee; expiration of license; renewal

 

599.416     Hearingon license application; notice; record of proceedings

 

599.421     Mattersto be considered in granting licenses; change of market ownership; feeexception

 

599.426     Issuanceor denial of license; procedure

 

599.431     Renewalof license; when hearing is required

 

STOCKYARDS

 

599.485     Definitionfor ORS 599.490 and 599.495

 

599.490     Departmentmay impose stockyard requirements to prevent spread of disease

 

599.495     Cooperativeagreements with federal government under which state department carries outfederal programs in livestock auction markets and stockyards

 

MISCELLANEOUSPROVISIONS RELATING TO AUCTIONS

 

599.510     Preventionof competitive bidding prohibited

 

599.520     By-bidsand fraudulent bids made to deceive bidders; minimum or reserve bids

 

599.530     Prohibitedpractices in sales of purebreds

 

599.540     Withdrawalof purebred livestock from sale

 

599.550     Milkingdairy cows prior to sale

 

599.560     Affidavitsas to time of milking

 

TEMPORARYHORSE SALE LICENSES

 

599.610     Licenserequirements; fee; exemptions

 

599.620     Enforcementand regulations

 

599.630     Revocation,suspension or refusal to issue license

 

599.640     Compliancewith ORS 599.610 and 599.620 required

 

PENALTIES

 

599.991     Penalties

 

      599.010 [Amended by1953 c.678 §3; repealed by 1955 c.542 §1]

 

      599.020 [Repealed by1955 c.542 §1]

 

      599.030 [Amended by1953 c.678 §3; repealed by 1955 c.542 §1]

 

      599.040 [Repealed by1955 c.542 §1]

 

      599.050 [Repealed by1955 c.542 §1]

 

      599.060 [Repealed by1955 c.542 §1]

 

      599.070 [Repealed by1955 c.542 §1]

 

      599.080 [Repealed by1955 c.542 §1]

 

      599.090 [Repealed by1955 c.542 §1]

 

      599.100 [Repealed by1955 c.542 §1]

 

      599.110 [Repealed by1955 c.542 §1]

 

      599.120 [Repealed by1955 c.542 §1]

 

      599.130 [Repealed by1955 c.542 §1]

 

GENERALPROVISIONS

 

      599.205Definitions.As used in this chapter, unless the context otherwise requires:

      (1)“Dairy cattle” includes the recognized breeds of bovine animals used primarilyfor the production of milk, such as, but not limited to, Jersey, Guernsey,Brown Swiss, Ayrshire, Milking Shorthorn, Holstein and Red Polled, whether ornot such animals are purebred or grade, and crosses of such breeds, includingcrosses of such breeds with beef type animals.

      (2)“Department” means the State Department of Agriculture of the State of Oregon.

      (3)“Director” means the director of the department.

      (4)“Licensee” means any person who operates a livestock auction market, either asowner or lessee, and who holds a license to conduct such market issued by thedepartment pursuant to the provisions of this chapter.

      (5)“Livestock” includes horses, mules, asses, cattle, sheep, swine, goats andpoultry, including turkeys, of any age or sex.

      (6)“Livestock auction market” means a place of business to which the public mayconsign livestock for sale by auction open to public bidding or sold on acommission basis, but, specifically, it does not include breed or livestockassociations operating subject to and in compliance with the provisions of theOregon Nonprofit Corporation Act, ORS chapter 65, Future Farmer and 4-H groups,auction sales conducted in conjunction with county, state or private fairs orauction sales conducted by or for a person at which livestock of such person’sownership are sold on premises of the person.

      (7)“Meat dealer” means a person licensed to slaughter meat food animals pursuantto the applicable provisions of this section and ORS chapter 603. [1953 c.677 §1;1955 c.724 §15; 1957 c.390 §1; 1967 c.368 §1; 1971 c.578 §9; 1973 c.175 §13;1981 c.248 §25; 1983 c.417 §1; 1989 c.1010 §178]

 

      599.210 [Repealed by1953 c.677 §22]

 

LIVESTOCKAUCTION MARKETS

 

      599.215Prohibitions.(1) No person shall operate a livestock auction market without a valid licenseto operate such market issued pursuant to the provisions of this chapter.

      (2)No person shall interfere with the performance by any veterinarian of dutiesand responsibilities imposed by the provisions of this chapter.

      (3)No licensee, or the managing agent of the licensee, shall operate a livestockauction market at which the sanitary practices or conditions prescribed by theprovisions of this chapter or regulations promulgated thereunder have not beencomplied with.

      (4)No licensee shall sell or offer for sale any livestock which has not beenexamined, tested or treated as required by the provisions of this chapter orregulations promulgated thereunder.

      (5)No person other than a meat dealer shall remove from the market zone an animalwhich has been sold or purchased for immediate slaughter pursuant to theprovisions of this chapter; provided, however, that a person may remove fromthe market zone any such animal if it is to be transported directly out of thisstate.

      (6)No meat dealer who removes from the market zone an animal sold or purchased forimmediate slaughter pursuant to the provisions of this chapter shall fail,refuse or neglect to slaughter such animal within eight days from the date theanimal is so removed. [1953 c.677 §17; 1971 c.578 §10]

 

      599.220 [Repealed by1953 c.677 §22]

 

      599.225 [1953 c.677 §4;1967 c.368 §6; repealed by 1971 c.578 §20]

 

      599.230 [Repealed by1953 c.677 §22]

 

      599.235License fee; appropriation of moneys; separate licenses for each facility;posting license and names of owners. (1) Subject to the provisions ofsubsection (2) of this section, every person operating a livestock auctionmarket in this state shall be required to pay on or before June 30, annually, afee of $100 to the State Department of Agriculture for a license to operatesuch market for the year beginning July 1 next following. If a person operatesa livestock auction market facility in more than one location, a separatelicense must be obtained for each such facility. Except for fees paid under ORS599.269, all fees provided for under the provisions of this chapter shall bepaid into the Department of Agriculture Service Fund and hereby arecontinuously appropriated for use in the administration of this chapter.

      (2)In the case of an application for a license made after September 30 of alicense year, and only in such cases, the license fee submitted with theapplication shall be prorated on the basis of the number of quarters of threemonths each or portions of a quarter remaining in the license year. The feeaccompanying such applications shall be $25 for each such quarter or portionthereof. For the purposes of this section, the license year shall be the periodJuly 1 to June 30 next following. Nothing in this section shall be construed toauthorize a refund of license fees in any case.

      (3)The licensee shall at all times have posted in a conspicuous place in the mainbusiness office of such market the full names and addresses of the legal ownersof the market. The livestock auction market operator’s license shall also beposted conspicuously in the main business office of the market. [1953 c.677 §5;1971 c.578 §11; 1979 c.499 §13]

 

      599.240 [Repealed by1953 c.677 §22]

 

      599.245Licensee’s bond.(1) Each person licensed to operate a livestock auction market shall maintain abond approved by the State Department of Agriculture to secure the performanceof statutory duties and private obligations incurred as the operator of suchmarket. The bond shall be filed with the department and shall be renewedwhenever the license is renewed. The bond shall be conditioned that thelicensee shall pay all legal claims which may accrue against the licensee infavor of any seller or buyer of livestock, arising from the conduct of thelicensee’s market.

      (2)The surety on each bond shall be a corporate surety licensed to do business asa surety within the State of Oregon.

      (3)The surety shall not cancel the bond until 60 days after its written notice ofsuch cancellation is received by the department, which notice shall be sent tothe department and to the principal by registered or certified mail.

      (4)The amount of the bond, after public hearing under ORS chapter 183, shall bedetermined by reference by the department to a schedule which it shallestablish. Such schedule which may vary depending on the type of livestockauction market operation, the estimated or actual volume of sales or otherstandards which the department deems necessary, in so far as is reasonable andpracticable, shall conform to the bonding law and rules of the federal Packersand Stockyards Act prescribed in subsection (5) of this section. The departmentin addition may require before it gives its approval to a bond or renewalthereof that the applicant submit a financial statement or other information toassist the department in determining the necessary size or type of bond whichmay be necessary for the protection of persons who may be covered or affectedthereby.

      (5)Any livestock auction market licensee or applicant for license who presents tothe department satisfactory evidence of compliance with the bonding provisionsof the federal Packers and Stockyards Act of 1921, 7 U.S.C. §§181 to 228, asamended, and effective June 29, 1971, shall be deemed in compliance with thebonding requirements of this section during such time as the licensee orapplicant complies with the bonding provisions of such federal statute. If afederal bond which has been deemed to be in compliance with the provisions ofthis section is canceled or terminated, the licensee shall immediately stop alloperations of such market until another state or federal bond has been obtainedby the licensee and approved by the appropriate agency, as required by law.Until another such bond has been obtained, the license of the market operatorshall be deemed suspended and shall be surrendered to the department.

      (6)If two or more persons have claims, either fixed or contingent, against alicensee’s bond maintained pursuant to subsection (1) of this section, theyshall, subject to the provisions of ORS 599.251, share pro rata in the proceedsof the bond to the extent of their actual damages except that the claims of theState of Oregon and the department referred to in subsection (1)(a) of thissection shall have priority over, and shall be paid to the department prior to,all other claims or creditors. [1953 c.677 §6; 1957 c.390 §2; 1959 c.596 §70;1959 c.685 §31; 1961 c.283 §1; 1963 c.15 §1; 1967 c.368 §4; 1971 c.578 §12]

 

      599.250 [Repealed by1953 c.677 §22]

 

      599.251Procedure on licensee’s default as to condition of bond. (1) Upondefault of a licensee as to any condition of the bond required by ORS 599.245,the State Department of Agriculture shall:

      (a)Give reasonable notice to persons 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 underwhich the claims accrued and the good faith of the claimants.

      (2)With the approval of the claimants who filed claims, the department may settlesuch claims with the surety, without filing legal action. Such settlementunless appealed to the circuit court within 30 days as provided by law, isfinal between the surety and all claimants covered by the bond.

      (3)If any claimant, or the surety, does not agree with the findings of thedepartment, the department shall file a declaratory judgment action withoutright to jury trial in the circuit court in the name of the State of Oregon forthe benefit of the claimants as authorized by ORS chapter 28. Unless appealedas prescribed by law, the order of the court shall be final between the suretyand all claimants covered by the bond. [1961 c.283 §3; 1979 c.284 §178]

 

      599.255Suspension or revocation or refusal to issue or renew licenses. The StateDepartment of Agriculture may revoke or suspend, or refuse to issue or renewthe license of any person who does not or has not complied with the provisionsof this chapter or the regulations promulgated thereunder. [1953 c.677 §18;1961 c.425 §8; 1971 c.578 §13]

 

      599.260 [Repealed by1953 c.677 §22]

 

      599.265Market zone; livestock entering market zone to be sold through auctionfacilities.(1) All property owned or controlled by a person licensed to operate alivestock auction market which is contiguous to, and used in conjunction withthe operation of, the market shall be the market zone of such market.

      (2)All livestock entering the market zone must be handled and sold through thefacilities of the market and must comply with the provisions of this chapterand the regulations promulgated thereunder. [1953 c.677 §7; 1971 c.578 §14]

 

      599.269Brand inspection required prior to public auction of cattle; minimum fee;application of section; exemptions. Before any livestock auction market cansell cattle as designated by the State Department of Agriculture, at an auctionopen to public bidding, or on consignment or commission basis, a brandinspector shall be present to carry out the brand inspection provisions of ORSchapter 604 and this chapter. It is necessary therefor that the departmentrecover at least in part its actual costs of maintaining such inspection andrelated services. During any 24-hour period if the brand inspection fees thatthe department is authorized to collect through and in a livestock auctionmarket under ORS chapter 604 do not total $50, the livestock auction marketlicensee shall include and at the same time pay to the department thedifference between the actual brand inspection total fees collected and $50.This section also applies to sales by breed or livestock associations, fairs orother groups, but does not apply to sales by Future Farmer or 4-H groups. [1967c.368 §5; 1973 c.151 §1; 1981 c.248 §16; 2007 c.229 §6]