604.021
Department exclusive recorder of brands; nonrecordable brands;
exceptions; authority. (1) The State Department of Agriculture
shall be the exclusive recorder of livestock brands. The department
may not record:
(a) A brand consisting of three or more letters or three or
more figures, or any combination thereof, on the shoulders of
cattle or on other locations specified by the department;
(b) A painted brand unless composed of numbers, letters or symbols,
or a combination thereof; or
(c) Similar brands to more than one person.
(2) The proscription set forth in subsection (1)(a) of this
section does not prohibit 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 other locations approved
by the department by the owners thereof for the purposes of
identifying breed, breed registry, rodeo or show registry, age
or similar characteristics, but may not be so used as to conflict
with or be confused with a recorded brand.
(3) The department is authorized to modify, rescind or refuse
the recording of any brands that are conflicting or that the
department believes will blotch, and make any changes in brands
deemed necessary to resolve a conflict or correct a design imperfection.
Notwithstanding ORS chapter 183, any such modification, change,
rescission or refusal of the department may be made by written
notice to affected persons and shall be a final order of the
department. [1981 c.248 §4; 2003 c.140 §1]
604.027
Application to record brand; certification; renewal; fees. (1)
A person desiring to record a brand on any species of livestock
shall submit a written and signed application therefor to the
State Department of Agriculture, setting forth a facsimile and
description of the brand, the species of livestock upon which
it will be used and the specific intended location on the animal.
The application must be accompanied by a brand recording fee
of $25 for each brand on each species of livestock on which
the brand is to be used. The person must also pay a prorated
activation fee prior to recordation of the brand. The activation
fee may not exceed $100. Upon receipt of an application and
the required fees, if the department determines that the brand
applied for is available, the department shall issue a certificate
of recordation of the distinctive brand, the approved location
on the animal and the species of livestock to which it applies.
(2) During September of each year the department shall attempt
to notify all holders of an expiring recorded brand of the need
to renew the brand. The department shall attempt the notification
by sending a renewal notice to the holder’s last address
as shown on the department’s records. The holder of a recorded
brand may renew the brand by submitting to the department a
brand renewal fee for each brand on each species of livestock
on which the brand is to be used. The brand renewal fee may
not exceed $100. However, if the species of livestock is sheep,
the fee may not exceed $40.
(3) A recorded brand expires if the department does not receive
the brand renewal fee by January 4 next following the attempt
to notify the brand holder of the need to renew the brand. Within
60 days after a brand expires, the department shall give written
notice of the expiration by mail addressed to the person who
held 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 a prorated renewal fee. If the person
fails to activate the expired brand within one year after expiration
of the brand, the brand is considered abandoned and any person
may apply for recordation and use of that brand.
(4) When issuing or renewing a brand recordation, the department
shall adjust certificate expiration dates as necessary to ensure
that an approximately equal number of brand recordation expire
in each year of a four-year cycle. The department shall prorate
a brand renewal fee to reflect an adjustment of a certificate
expiration date.
(5) The department shall establish the amount of brand activation
fees and brand renewal fees by rule. [1981 c.248 §5; 1985
c.262 §1; 1991 c.660 §2; 2003 c.575 §1]
604.035
Property rights applicable to recorded brand; transferability;
evidence of ownership or right of possession. (1) The brand
recorded or renewed under ORS 604.027 is the exclusive property
right of the holder thereof, and the holder has exclusive right
to use the brand in accordance with its recordation. The holder
may transfer the recorded brand by sale, assignment or otherwise
and may bequeath the brand by will or subject to the laws of
descent and distribution as personal property.
(2) Proof of a recorded brand is prima facie evidence of the
ownership or right to possession of livestock upon which the
brand is used in all civil or criminal actions and suits involving
an issue of ownership or right to possession of such livestock.
Parol evidence is inadmissible to prove a person is a holder
of a recorded brand. Evidence of ownership or right to possession
of livestock by Oregon brands thereon is inadmissible unless
the brands are recorded, and a disputable presumption of ownership
arising from possession, common reputation or the exercise of
an act of ownership shall prevail. [1981 c.248 §6; 2003
c.575 §2]
604.036
Copy of recordation certificate; brand
books. Upon recording of a brand under ORS 604.027, the
State Department of Agriculture may:
(1) Issue a certified copy of its certificate of recordation
upon the payment of a fee therefor to be established by the
department; and
(2) Periodically publish brand
books or supplements thereto, and distribute them upon payment
of a fee to be established by the department sufficient to cover
its costs therefor. [1981 c.248 §7]
604.041
Transfer of recorded brand; transfer fee. (1) Except as provided
in subsection (2) of this section, in order to transfer a recorded
brand by sale, assignment or otherwise, the transferor shall
submit a written, signed and witnessed 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 the brand
transfer documents are in order, the department shall issue
its certificate of recordation to the transferee.
(2) In the event of the death of a holder of a recorded brand,
the person to whom it is transferred, either by will or the
laws of descent and distribution, may have the brand recorded
to the transferee or to another person upon submitting to the
department within six months of the death of the holder of the
recorded brand, either a copy of an order of a court having
jurisdiction of the decedent’s estate directing such transfer
accompanied by an application of the transferee as prescribed
in ORS 604.027 (1) and the brand transfer fee prescribed in
subsection (1) of this section, or if no court has jurisdiction
of the decedent’s estate, an affidavit of the person entitled
by the laws of descent and distribution to have the brand recorded
to the person accompanied by an application of the transferee
as prescribed in ORS 604.027 (1) and the brand transfer fee
prescribed in subsection (1) of this section. The affidavit
shall include:
(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 another person, the name and address of such person
with a statement of intent to transfer 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
brand transferred to the affiant or to the other named person,
and that the affiant agrees to the termination of the brand
recordation should the affidavit be found false in any material
respect.
(3) If the transfer documents prescribed in subsection (2) of
this section are not submitted within six months after the death
of the holder of the recorded brand, the brand recordation shall
terminate and thereafter be available for recording by any person.
[1981 c.248 §8]
604.046 Brand inspection and certificate requirements; service
fee; procedure; reciprocity between states. (1) Brand inspection
and the issuance of a brand inspection certificate is required
in this state in the following instances:
(a) Livestock to be transported from any place in this state
to or through any place outside of this state;
(b) Livestock 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)(c) of this section,
livestock 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) In order to prevent fraud or dishonesty being perpetrated
upon livestock purchasers of this state, livestock 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, unless exempted therefrom under
subsection (5)(b) of this section.
(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. In the latter case, the State Department
of Agriculture may require payment of its time and travel costs
as a condition to performing the brand inspection. In the event
the requested brand inspection is at a place other than an auction
market or registered feedlot, the department shall also assess
and collect a service fee of $10.
(3) In addition to brand inspections under subsections (1) and
(2) of this section, the department is also authorized to 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 section, the department shall consider
the customs, practices and theft or ownership problems of the
livestock industry, the economic feasibility of carrying out
a system, the volume of livestock 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 livestock.
(4) In addition to brand inspections under subsections (1),
(2) and (3) of this section, the department is also authorized
to 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 there is reasonable cause or suspicion to believe any
provisions of this chapter, or the administrative rules thereunder,
or of 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. If 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, or if there is a question of whether the
person in possession is the owner of the hides or livestock
or is in lawful possession thereof, or if the person in possession
of the livestock fails to submit evidence requested under ORS
604.051 (1), the department may undertake any of the actions
described in ORS 604.056.
(5) In lieu of the brand inspection and the issuance of a brand
inspection certificate required by subsection (1) of this section,
an alternative document specified hereafter may accompany livestock
in each of the following instances:
(a) Horses, when accompanied by a special nontransferable brand
inspection certificate identifying such horses and issued by
the department for an indeterminate time to the owner of the
horses;
(b) Livestock transported to any slaughterhouse in this state
from any place outside this state, if entering this state 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
(c) Cattle, in lots not to exceed 15 head, presented by one
person for slaughter at any slaughterhouse when accompanied
by a special slaughterhouse certificate issued by the department
for which a 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 section,
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
livestock 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 section 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]
604.051
Method of proof of ownership; inspection certificate. (1) Whenever
livestock or hides are subject to brand inspection under ORS
604.046, the person in possession shall submit evidence of ownership
or right to possession of the livestock or hides at the request
of the State Department of Agriculture. The evidence may consist
of any documents and statements that tend to establish such
ownership or right to possession. The prima facie character
of a recorded brand and the disputable presumption against unrecorded
brands set forth in ORS 604.035 (2), shall be given recognition
by the department.
(2) The department shall examine livestock or hides, review
any evidence submitted pursuant to subsection (1) of this section
and otherwise perform brand inspection to determine whether
the person in possession is the owner or lawful possessor thereof.
Except for brand inspections made under ORS 604.046 (4), if
the department determines the person is the owner or lawful
possessor, it shall issue an appropriate brand inspection certificate.
However, if the department determines there is a question of
ownership or right to possession of the livestock or hides,
or if the person in possession of the livestock or hides fails
to submit the evidence requested under subsection (1) of this
section, the department shall refuse to issue its brand inspection
certificate and may undertake any of the actions described in
ORS 604.056. [1981 c.248 §10]
604.056 Seizure of hides or livestock; procedure; investigation;
disposition; impoundment of sales proceeds. (1) The State Department
of Agriculture may detain, seize or embargo hides or livestock
in carrying out and enforcing 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 relating to the ownership or right to possession
of livestock. Recognizing that the provisions of ORS 561.605
to 561.620 relating to the departmental procedures for detaining,
seizing or embargoing commodities are not readily applicable
to livestock, the following shall apply whenever the department
detains, seizes or embargoes hides or livestock under 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:
(a) The department shall issue its written notice of detention,
seizure or embargo to the person in possession of the hides
or livestock, directing them to be held subject to further order
of the department and any detention, seizure or embargo shall
be subject to the contested case provisions of ORS chapter 183.
The issuance of a notice of detention, seizure or embargo to
a livestock carrier shall relieve such carrier from liability
for any loss or damage resulting from the detention, seizure
or embargo.
(b) If the department cannot determine from its investigation
who is the owner or person entitled to possession of hides or
livestock, it may handle and dispose of the hides and livestock
in the same manner as provided for the handling and disposition
of estray livestock under ORS chapter 607. In the event the
livestock is determined by an assistant state veterinarian or
deputy state veterinarian to be diseased, disabled or dying
so as to be unsalable, the department may order its immediate
condemnation in lieu of handling and disposition under ORS chapter
607, and any salvage value recovered by the department from
the sale of carcasses or hides shall be disposed of in the same
manner as impounded sales proceeds of an unknown owner under
subsection (2) of this section.
(c) During an investigation to determine the owner or person
entitled to possession of hides or livestock, the department
may authorize the hides or livestock to be moved and retained
in another location, but the hides or livestock shall not be
moved therefrom without a written order issued by the department
and then shall only be moved or handled in accordance with the
terms of such order.
(d) If the hides or livestock are brand inspected at a livestock
auction market, slaughtering establishment or other sales facility
where the hides or livestock are destined for sale, the department
may permit the sale of the hides or livestock and impound the
proceeds of the sale in lieu of detaining, seizing or embargoing
the hides or livestock. After the department impounds the sales
proceeds, the department shall issue a written notice of impoundment
to the seller of the hides or livestock, directing that the
sales proceeds remaining after the seller has deducted sales
charges be retained by the seller subject to further order of
the department for up to 15 days, at which time the sales proceeds
shall be remitted by the seller to the department. The sales
proceeds received by the department from the seller are not
public funds of the state but rather are held by the department
in trust for the person determined to be the owner or entitled
to possession of the hides or livestock sold.
(2) If the department impounds sales proceeds under subsection
(1)(d) of this section, the department shall give written notice
of the impoundment to all known claimants to the sales proceeds,
hides or livestock at the last-known addresses thereof, and
set forth that the sales proceeds shall be subject to proof
of claim for a period of 60 days from the date of the notice
of impoundment, during which the claimants may submit their
proofs of claim to the department. Within 30 days after expiration
of the time within which proofs of claim may be submitted, the
department shall review the data submitted, investigate the
claims and render a written notice of determination to the persons
having submitted proofs of claim. The determination of the department
shall be a final order and subject to judicial review under
ORS 183.484, and if there is more than one claimant, payment
of sales proceeds may not be made until the expiration of the
time within which judicial review may be had. Any impounded
sales proceeds that cannot be paid to persons under this section
within one year of impoundment cease to be trust funds and become
part of the state’s public funds continuously appropriated
to the department for carrying out 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. [1981 c.248 §11; 2003 c.604 §107]
604.061
Transportation certificate. (1) Cattle transported from the
premises of the owner or person in lawful possession to another
place in this state shall be accompanied by a transportation
certificate.
(2) For the purposes of this section “transportation certificate”
means a document signed by the owner or person in lawful possession
of the cattle to be transported, on a form prescribed by the
State Department of Agriculture, setting forth the identity
of the cattle owner, the point of origin and destination of
the cattle, the number of head, a description of the distinguishing
characteristics of the cattle, including brands, tags, breed
and sex, and an authorization to transport if it is to be performed
by a person other than the owner.
(3) A transportation certificate is not required for cattle
herded, drifted or trailed to or from pasture or range in this
state in the usual course of ranch operation. [1981 c.248 §12]
604.066 Brand inspection fee; refund. (1) Except as provided
in subsection (2) of this section, the State Department of Agriculture
shall charge and collect a brand inspection fee in accordance
with the following:
(a) $20 for the brand inspection described in ORS 604.046 (5)(a);
or
(b) $5 per head for a brand inspection when the brand inspection
certificate utilized is valid for a period in excess of eight
days.
(2) In accordance with the provisions of ORS chapter 183, the
department shall establish a brand inspection fee of not less
than 50 cents and not more than 75 cents per head of cattle
or per cattle hide, and of not more than $3.75 per head of horses,
mules and asses.
(3) The brand inspection fee, including assessments under ORS
577.512, shall be paid to the department by the person requesting
or requiring brand inspection to be performed. Livestock auction
markets, slaughterhouses and custom slaughtering establishments
at which brand inspection is performed shall collect the fees
therefor and forthwith pay them to the department. A brand inspection
fee may not be collected by livestock auction markets on livestock
whose value is $10 or less, unless the animal is destined for
slaughter or shipment out of this state or on cattle not more
than 90 days of age that are to be transported to a range or
pastureland outside of this state. However, any assessments
under ORS 577.512 are still payable to the department.
(4) A person may claim a refund of brand inspection fees paid
on Oregon livestock transported from any place in this state
to any place outside of this state and then returned to this
state, if the movement is continuous without unloading enroute,
is done in the usual course of ranch operations and is not related
to a change of ownership. The refund may be claimed only for
brand inspection fees paid on the identical livestock transported.
A written claim for refund shall be submitted to the department
within 90 days from the initiation of the livestock movement,
accompanied by an affidavit prescribed by the department confirming
the circumstances set forth in this paragraph.
(5) Except as provided in ORS 577.512, the department shall
deposit all fees paid to it under this chapter in the State
Treasury to the credit of the Department of Agriculture Service
Fund, and such fees are continuously appropriated to the department
for administering and enforcing this chapter. The provisions
of ORS 561.144 apply to such fees. [1981 c.248 §13; 1983
c.102 §2; 1985 c.262 §3; 1987 c.163 §3; 2003
c.604
