ORS Chapter 604
Chapter 604 — Brandsand Marks; Feedlots
2009 EDITION
BRANDSAND MARKS; FEEDLOTS
ANIMALS
BRANDSAND MARKS
604.005 Definitions
604.015 Appointment,qualifications and compensation of brand inspectors; livestock police officers
604.021 Departmentexclusive recorder of brands; nonrecordable brands; exceptions; authority
604.027 Applicationto record brand; certification; renewal; fees; rules
604.035 Propertyrights applicable to recorded brand; transferability; evidence of ownership orright of possession
604.036 Copyof recordation certificate; brand books
604.041 Transferof recorded brand; transfer fee
604.046 Brandinspection and certificate requirements; service fee; inspection system;reciprocity between states
604.051 Methodof proof of ownership; inspection certificate
604.056 Seizureof hides or livestock; procedure; investigation; disposition; impoundment ofsales proceeds
604.061 Transportationcertificate
604.066 Brandinspection fee; exception
604.071 Prohibitions
604.076 Authorityto issue citations
FEEDLOTS
604.610 “Licensedfeedlot” defined
604.620 License;fee; sanctions
604.630 Inventory;record; audit
604.640 Inspectionof cattle; addition to inventory; fee
604.650 Inventoryupon removal; fee; prohibited acts
604.670 Rulesby department
PENALTIES
604.992 Penalties
BRANDSAND MARKS
604.005Definitions.As used in this chapter, unless the context requires otherwise:
(1)“Brand” means a distinctive design, mark or other means of identificationapplied to a designated location of the hide, wool or skin of livestock, bymethods prescribed by administrative rule of the State Department ofAgriculture promulgated pursuant to ORS chapter 183.
(2)“Brand inspection” means the department’s:
(a)Examination of the brands, tags, breed, flesh marks including dewlaps andwattles, earmarks, coloring, sex, age or other distinguishing characteristicsof livestock;
(b)Examination of documents and other evidence of ownership or right to possessionof livestock; and
(c)Issuance or refusal to issue a brand inspection certificate.
(3)“Brand inspection certificate” means a document issued by the department thatis 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 distinguishingcharacteristics 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 ofthe 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 periodof validity; and
(f)A signed certification of the department’s brand inspector that the brandinspector has examined the described hides or livestock and documentsassociated therewith and that to the best of the inspector’s knowledge thehides or livestock are owned or in the lawful possession of the personpresenting the hides or livestock for brand inspection.
(4)“Custom slaughtering establishment” shall have the meaning set forth in ORS603.010.
(5)“Department” means the State Department of Agriculture.
(6)“Document of title” shall have the meaning set forth in ORS 71.2010.
(7)“Equidae” means a horse, mule or ass.
(8)“Livestock” means cattle, Equidae, sheep and any other animals designated bythe administrative rule of the department.
(9)“Livestock auction market” shall have the meaning set forth in ORS 599.205.
(10)“Livestock carrier” means the person who transports livestock by rail, motorvehicle, boat, aircraft or on the hoof, either as a common carrier who isavailable to the public to perform this service for compensation, as a contractcarrier who enters into agreements with specific individuals to perform thisservice for compensation, or as a private carrier who performs this servicewithout compensation as an owner, lessee or bailee of livestock.
(11)“Slaughterhouse” shall have the meaning set forth in ORS 603.010. [1981 c.248 §2;1991 c.660 §1; 2007 c.229 §1]
604.010 [Amended by1957 c.287 §1; repealed by 1967 c.129 §1 (604.012 enacted in lieu of 604.010)]
604.012 [1967 c.129 §2(enacted in lieu of 604.010); repealed by 1981 c.248 §20]
604.015Appointment, qualifications and compensation of brand inspectors; livestockpolice officers.(1) The State Department of Agriculture may appoint and designate employees asbrand inspectors to administer and enforce the brand inspection activities ofthe department under ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610,603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071, 604.640,604.650 and 604.992. In addition, the department may authorize and direct brandinspectors to administer and enforce other laws under the jurisdiction of thedepartment.
(2)In making appointments under subsection (1) of this section, the department mayappoint as part-time brand inspectors persons in the unclassified service ofthe personnel relations system who possess the necessary experience, knowledgeand qualifications and pay them on any reasonable and fair basis. However, atany time the average monthly compensation received by such a person during asix-month period equals or exceeds the minimum wage or starting step of the payrange or schedule established for brand inspectors, then the person and theposition are subject to the State Personnel Relations Law. If such person inthe opinion of the department has satisfactorily carried out the duties as abrand inspector, and if it is in the best interests of the department, theperson shall be given regular merit system status and shall be entitled to behired by the department upon successfully passing a noncompetitive examinationfor this classification.
(3)In making appointments under subsection (1) of this section, the department mayappoint as brand inspectors persons subject to the State Personnel RelationsLaw. At any time in any area where the workload decreases or other facts orconditions require only the part-time services of a person in a classifiedposition, the department may declare the position to be unclassified.
(4)By written agreement, the department may designate employees of another stateagency, or of a county or city government, as brand inspectors to administer andenforce the department’s brand inspection activities or other laws under thejurisdiction of the department in the same manner and to the same extent asbrand inspectors appointed under subsection (1) of this section. While carryingout the authority delegated under this subsection, brand inspectors shallcomply with the provisions of ORS 561.144, 577.512, 599.205, 599.269, 599.273,599.610, 603.015, 603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071,604.640, 604.650 and 604.992, and the administrative rules promulgatedthereunder, collect any brand inspection fees due the department and forthwithpay the same to the department, continue to act under the supervision of theiremploying agencies, continue to carry out their regular duties for their employingagencies, and receive or have their employing agencies receive any agreedcompensation from the department for carrying out the authority delegated underthis subsection. The department may terminate any designation under thissubsection without hearing or notice, notwithstanding any laws to the contrary.
(5)The department may appoint and designate employees as livestock police officersor investigative officers to administer and enforce the department’s authorityunder ORS 561.144, 577.512, 599.205, 599.269, 599.273, 599.610, 603.015,603.034, 603.075 to 603.095, 603.992, 604.005 to 604.071, 604.640, 604.650 and604.992, including supervision of brand inspectors. In addition, the departmentmay authorize and direct livestock police officers or investigative officers toadminister and enforce other laws under the jurisdiction of the department.Brand inspectors, livestock police officers and investigative officers areempowered to carry out the activities of peace officers and police officers, asset forth in ORS chapter 133. They may be furnished uniforms, identificationbadges, emergency vehicles and other equipment appropriate to carrying outinvestigative and law enforcement activities. [1981 c.248 §3; 2003 c.604 §106]
604.020 [Amended by1953 c.358 §15; 1959 c.396 §1; 1961 c.267 §1; repealed by 1967 c.129 §19]
604.021Department exclusive recorder of brands; nonrecordable brands; exceptions;authority.(1) The State Department of Agriculture shall be the exclusive recorder oflivestock brands. The department may not record:
(a)A brand consisting of three or more letters or three or more figures, or anycombination thereof, on the shoulders of cattle or on other locations specifiedby the department;
(b)A painted brand unless composed of numbers, letters or symbols, or acombination thereof; or
(c)Similar brands to more than one person.
(2)The proscription set forth in subsection (1)(a) of this section does notprohibit the continued use of any such brands that were previously recorded.Also, such letters and figures may be used on the shoulders of cattle or otherlocations approved by the department by the owners thereof for the purposes ofidentifying breed, breed registry, rodeo or show registry, age or similarcharacteristics, but may not be so used as to conflict with or be confused witha recorded brand.
(3)The department is authorized to modify, rescind or refuse the recording of anybrands that are conflicting or that the department believes will blotch, andmake any changes in brands deemed necessary to resolve a conflict or correct adesign imperfection. Notwithstanding ORS chapter 183, any such modification,change, rescission or refusal of the department may be made by written noticeto affected persons and shall be a final order of the department. [1981 c.248 §4;2003 c.140 §1]
604.022 [1967 c.129 §3;1973 c.430 §1; 1975 c.574 §2; 1977 c.175 §1; repealed by 1981 c.248 §20]
604.027Application to record brand; certification; renewal; fees; rules. (1) A persondesiring to record a brand on any species of livestock shall submit a writtenand signed application therefor to the State Department of Agriculture, settingforth a facsimile and description of the brand, the species of livestock uponwhich it will be used and the specific intended location on the animal. Theapplication must be accompanied by a brand recording fee of $25 for each brandon each species of livestock on which the brand is to be used. The person mustalso pay a prorated activation fee prior to recordation of the brand. Theactivation fee may not exceed $100. Upon receipt of an application and therequired fees, if the department determines that the brand applied for isavailable, the department shall issue a certificate of recordation of thedistinctive brand, the approved location on the animal and the species oflivestock to which it applies.
(2)During September of each year the department shall attempt to notify allholders of an expiring recorded brand of the need to renew the brand. Thedepartment shall attempt the notification by sending a renewal notice to theholder’s last address as shown on the department’s records. The holder of arecorded brand may renew the brand by submitting to the department a brandrenewal fee for each brand on each species of livestock on which the brand isto be used. The brand renewal fee may not exceed $100. However, if the speciesof livestock is sheep, the fee may not exceed $40.
(3)A recorded brand expires if the department does not receive the brand renewalfee by January 4 next following the attempt to notify the brand holder of theneed to renew the brand. Within 60 days after a brand expires, the departmentshall give written notice of the expiration by mail addressed to the person whoheld the expired brand at the last address shown on the department’s records.The fee to activate an expired brand is equal to the brand recording fee plus aprorated renewal fee. If the person fails to activate the expired brand withinone year after expiration of the brand, the brand is considered abandoned andany person may apply for recordation and use of that brand.
(4)When issuing or renewing a brand recordation, the department shall adjustcertificate expiration dates as necessary to ensure that an approximately equalnumber of brand recordation expire in each year of a four-year cycle. Thedepartment shall prorate a brand renewal fee to reflect an adjustment of acertificate expiration date.
(5)The department shall establish the amount of brand activation fees and brand renewalfees by rule. [1981 c.248 §5; 1985 c.262 §1; 1991 c.660 §2; 2003 c.575 §1]
604.030 [Repealed by1967 c.129 §19]
604.032 [1967 c.129 §4;repealed by 1981 c.248 §20]
604.035Property rights applicable to recorded brand; transferability; evidence ofownership or right of possession. (1) The brand recorded or renewed underORS 604.027 is the exclusive property right of the holder thereof, and theholder has exclusive right to use the brand in accordance with its recordation.The holder may transfer the recorded brand by sale, assignment or otherwise andmay bequeath the brand by will or subject to the laws of descent anddistribution as personal property.
(2)Proof of a recorded brand is prima facie evidence of the ownership or right topossession of livestock upon which the brand is used in all civil or criminalactions and suits involving an issue of ownership or right to possession ofsuch livestock. Parol evidence is inadmissible to prove a person is a holder ofa recorded brand. Evidence of ownership or right to possession of livestock byOregon brands thereon is inadmissible unless the brands are recorded, and adisputable presumption of ownership arising from possession, common reputationor the exercise of an act of ownership shall prevail. [1981 c.248 §6; 2003c.575 §2]
604.036Copy of recordation certificate; brand books. Upon recording of a brand underORS 604.027, the State Department of Agriculture may:
(1)Issue a certified copy of its certificate of recordation upon the payment of afee therefor to be established by the department; and
(2)Periodically publish brand books or supplements thereto, and distribute themupon payment of a fee to be established by the department sufficient to coverits costs therefor. [1981 c.248 §7]
604.040 [Amended by1953 c.358 §15; 1961 c.267 §2; repealed by 1967 c.129 §19]
604.041Transfer of recorded brand; transfer fee. (1) Except as provided insubsection (2) of this section, in order to transfer a recorded brand by sale,assignment or otherwise, the transferor shall submit a written, signed andwitnessed document of transfer to the State Department of Agriculture,accompanied by an application of the transferee as prescribed in ORS 604.027(1), accompanied by a brand transfer fee of $25. Upon determining that thebrand transfer documents are in order, the department shall issue itscertificate of recordation to the transferee.
(2)In the event of the death of a holder of a recorded brand, the person to whomit is transferred, either by will or the laws of descent and distribution, mayhave the brand recorded to the transferee or to another person upon submittingto the department within six months of the death of the holder of the recordedbrand, either a copy of an order of a court having jurisdiction of the decedent’sestate directing such transfer accompanied by an application of the transfereeas prescribed in ORS 604.027 (1) and the brand transfer fee prescribed insubsection (1) of this section, or if no court has jurisdiction of the decedent’sestate, an affidavit of the person entitled by the laws of descent anddistribution to have the brand recorded to the person accompanied by anapplication of the transferee as prescribed in ORS 604.027 (1) and the brandtransfer fee prescribed in subsection (1) of this section. The affidavit shallinclude:
(a)The name and address of the decedent and the date and place of death;
(b)The name and address of the affiant, and if the intended transferee is anotherperson, the name and address of such person with a statement of intent totransfer to the person;
(c)A description of the recorded brand as prescribed in ORS 604.027 (1); and
(d)A statement that the affiant is entitled to have the described brandtransferred to the affiant or to the other named person, and that the affiantagrees to the termination of the brand recordation should the affidavit befound false in any material respect.
(3)If the transfer documents prescribed in subsection (2) of this section are notsubmitted within six months after the death of the holder of the recordedbrand, the brand recordation shall terminate and thereafter be available forrecording by any person. [1981 c.248 §8]
604.046Brand inspection and certificate requirements; service fee; inspection system;reciprocity between states. (1) Brand inspection and the issuance of a brandinspection certificate is required in this state for:
(a)Cattle to be transported from any place in this state to or through any placeoutside of this state;
(b)Cattle to be transported from any place in this state to a range or pasturelandoutside 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 forsale or slaughter at any livestock auction market or other sales facility orslaughterhouse in this state, and prior to such sale or slaughter; and
(d)Except as provided in subsection (5)(a) of this section, cattle transportedfrom any place outside of this state to any livestock auction market or othersales facility or slaughterhouse in this state for sale within this state.
(2)Brand inspection may be performed, upon request of the owner or person inpossession of livestock, at either a regular brand inspection location or aplace designated by the person requesting the brand inspection. The StateDepartment of Agriculture may require payment of its time and travel costs as acondition to performing the brand inspection. The department may also assessand collect a service fee, not to exceed $25.
(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 thetimes and places as an intrastate, regional movement of cattle takes place, oras a change of ownership takes place. In establishing any system authorized bythis subsection, the department shall consider the customs, practices and theftor ownership problems of the cattle industry, the economic feasibility ofcarrying out a system, the volume of cattle movement within the state or withinspecific areas of the state, the laws and regulations of the United States andthe desirability for a system as evidenced by a majority of persons who wouldbe affected by the system. Such a system, established in accordance with theprovisions of ORS chapter 183, may include:
(a)That the brand inspection may be in addition to or in lieu of other brandinspections required or allowed by this chapter and the circumstances orconditions under which the alternatives shall be allowed;
(b)The times and places the brand inspection shall take place in relation to thetime of movement or location change, or the change of ownership;
(c)The establishment of a brand inspection fee and the person responsible forpayment thereof;
(d)The establishment of geographic, regional or political areas within the statein which brand inspection is required; and
(e)The circumstances or conditions under which an exemption from or modificationof the system’s requirements may be allowed, considering their feasibility inrelation 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 anypublic or private place, building or livestock carrier, if there is a need toidentify diseased or suspected diseased livestock, or if the departmentreasonably suspects that any provisions of this chapter, the administrativerules adopted under this chapter or any criminal laws relating to thepossession of livestock, are being violated. This authority is in addition toany authority granted police officers, the department’s brand inspectors,livestock police officers and investigative officers under ORS 133.525 to133.703 relating to search and seizures. The department may undertake any ofthe actions described in ORS 604.056 (1) if:
(a)An inspection results in a finding that a brand inspection certificateaccompanying the hides or livestock is false, erroneous or incomplete in anymaterial respect;
(b)There is a question whether the person in possession of the hides or livestockis the owner or a lawful possessor; or
(c)The person in possession of the livestock fails to submit evidence requestedunder ORS 604.051 (1).
(5)In lieu of the brand inspection and the issuance of a brand inspectioncertificate required by subsection (1) of this section:
(a)Cattle that are transported to any slaughterhouse in this state from any placeoutside this state, if entering this state may be accompanied by a brandinspection certificate or similar document issued by the other state, providedthat such other state has brand inspection comparable to the inspection of thisstate; or
(b)Cattle, in lots not to exceed 15 head, presented by one person for slaughter ata slaughterhouse may be accompanied by a special slaughterhouse certificateissued by the department for which a fee, equal to the brand inspection feeestablished by the department under ORS 604.066 (2), has been paid.
(6)Brand inspection at slaughtering establishments or other facilities wherecattle are slaughtered or cattle hides are received, may be required of cattlehides under a system established by the department in accordance with theprovisions of ORS chapter 183. In establishing any system authorized by thissubsection, the department shall consider theft or ownership problemsassociated with slaughtered cattle, the economic feasibility of carrying outthe system, the attitudes of the affected members of the cattle industry ofthis state, the volume of slaughtered cattle within the state or withinspecific 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 inwhich cattle hide inspection is required;
(b)The use of tags, stamps or other devices evidencing ownership of the cattleslaughtered; 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 inspectionsperformed in any of such other states in lieu of the brand inspections requiredby this chapter. Any such agreement shall provide that recognition of brandinspections of any such other state shall be effective only while brandinspections performed pursuant to this chapter are recognized in such otherstate. [1981 c.248 §9; 1983 c.102 §1; 1985 c.262 §2; 1987 c.348 §1; 1991 c.660 §3;2007 c.229 §2]
604.050 [Amended by1953 c.358 §15; 1961 c.267 §3; repealed by 1967 c.129 §19]
604.051Method of proof of ownership; inspection certificate. (1) Wheneverlivestock or hides are subject to brand inspection under ORS 604.046, theperson in possession shall submit evidence of ownership or right to possessionof the livestock or hides at the request of the State Department ofAgriculture. The evidence may consist of any documents and statements that tendto establish such ownership or right to possession. The prima facie characterof a recorded brand and the disputable presumption against unrecorded brandsset forth in ORS 604.035 (2), shall be given recognition by the department.
(2)The department shall examine livestock or hides, review any evidence submittedpursuant to subsection (1) of this section and otherwise perform brandinspection to determine whether the person in possession is the owner or lawfulpossessor thereof. Except for brand inspections made under ORS 604.046 (4), ifthe department determines the person is the owner or lawful possessor, it shallissue an appropriate brand inspection certificate. However, if the departmentdetermines there is a question of ownership or right to possession of thelivestock or hides, or if the person in possession of the livestock or hidesfails to submit the evidence reques