ORS 596.640
Livestock and property not eligible for indemnity


(1)

The owner of livestock or property destroyed at the order of the State Department of Agriculture shall not be paid indemnity by the State of Oregon for:

(a)

Livestock or property owned by the federal government or the State of Oregon, or any governmental subdivision, agency or instrumentality of those governments.

(b)

Livestock or property if the owner thereof has failed to comply with any of the provisions of ORS 596.075 (Prohibition against use of listed harmful vaccines), 596.331 (Prohibition against disposing of diseased livestock, parts of quarantined livestock or unvaccinated female cattle), 596.351 (Prohibited acts relating to livestock importation), 596.355 (Prohibition against importation of livestock from quarantined area), 596.371 (Treatment of diseased livestock by owner) or 596.460 (Duty to separate and confine diseased animals) or with any rules promulgated under ORS 596.321 (Rules governing vaccinations and reporting of listed livestock diseases) or has acted in contravention to department authority under ORS 596.311 (Examination, testing or treatment of livestock at owner’s request before shipment), 596.341 (Examination, testing or treatment of livestock before entry into state), 596.361 (Summary quarantine of livestock imported in violation of ORS 596.351), 596.388 (Department to investigate cases of disease), 596.392 (Authority of department relating to disease control) to 596.416 (Application to court to compel owner or person in charge of property to cooperate) and 596.470 (Health certificates for disease-free animals) as to any of that livestock or property.

(c)

Livestock that has been brought into this state contrary to any law of this state or rule promulgated thereunder or contrary to the conditions of any permit issued under ORS 596.341 (Examination, testing or treatment of livestock before entry into state).

(d)

Livestock or property that has been negligently or willfully exposed to or contaminated by a disease.

(e)

Livestock that were imported from a county or defined area that is under quarantine at the order of the federal government, the State of Oregon or the state of origin, for the disease that the livestock is affected by.

(f)

Livestock that were known by the owner to be affected by a disease at the time of entry into the state.

(g)

Livestock that had been imported into this state within five days prior to the date that the disease condition was officially diagnosed.

(h)

Livestock if there is evidence that the owner or agent of the owner has in any way been responsible for any attempt to unlawfully or improperly obtain indemnity funds for the livestock.

(i)

Livestock that has been brought into this state pursuant to a permit issued under ORS 596.341 (Examination, testing or treatment of livestock before entry into state) and that after entry is moved, transferred or disposed of in violation of this chapter or any rule promulgated under this chapter.

(j)

Female cattle that have not been officially vaccinated for brucellosis as required by this chapter. Evidence of an official vaccination for brucellosis is a tattoo in the right ear of the animal in such a manner as the department may prescribe.

(2)

Any transaction referred to in subsection (1)(c) or (i) of this section with regard to any livestock animal disqualifies the owner of that livestock from receiving indemnity for all livestock or property owned by that person for which indemnity would otherwise be payable. [1953 c.633 §8; 1971 c.483 §4; 1981 c.334 §1; 1983 c.101 §7; 1985 c.91 §4; 1991 c.420 §4; 1999 c.102 §5; 2001 c.22 §6]

Source: Section 596.640 — Livestock and property not eligible for indemnity, https://www.­oregonlegislature.­gov/bills_laws/ors/ors596.­html.

Attorney General Opinions

Indemnification for animals ordered to be slaughtered where owner violated requirements of import permit by shipping other livestock without first testing for disease, (1980) Vol 40, p 472

596.010
Definitions
596.020
Duties of the State Department of Agriculture in protection of people and livestock
596.030
Administration of national plans relating to poultry
596.040
Cooperative agreements with U.S. Department of Agriculture or other federal agency for livestock disease control
596.050
Production of bacteriological or biological products for department
596.060
Peace officers to assist the department
596.065
Vaccines and products hazardous to livestock health
596.075
Prohibition against use of listed harmful vaccines
596.095
Definitions for ORS 596.100, 596.105 and 596.995
596.100
Registration of products used for treatment of animals
596.105
Products exempt from registration
596.210
Establishing office of State Veterinarian
596.220
Deputy state veterinarians
596.225
Contracting for services of deputy state veterinarian
596.230
Duties of deputy veterinarians
596.250
Revocation or suspension of appointment of deputy veterinarian
596.260
Deputy state veterinary technicians
596.262
Resignation, revocation or suspension of appointment of deputy state veterinary technician
596.311
Examination, testing or treatment of livestock at owner’s request before shipment
596.321
Rules governing vaccinations and reporting of listed livestock diseases
596.331
Prohibition against disposing of diseased livestock, parts of quarantined livestock or unvaccinated female cattle
596.341
Examination, testing or treatment of livestock before entry into state
596.343
Testing sheep for Akabane Virus
596.346
Permit requirements and application form
596.351
Prohibited acts relating to livestock importation
596.355
Prohibition against importation of livestock from quarantined area
596.361
Summary quarantine of livestock imported in violation of ORS 596.351
596.371
Treatment of diseased livestock by owner
596.388
Department to investigate cases of disease
596.392
Authority of department relating to disease control
596.393
Burning or burial of carcasses to control disease
596.394
Summary quarantine of livestock and contaminated property imported into state from quarantined area
596.396
Length of quarantine
596.402
Authority to summarily quarantine areas
596.404
Department may seize part or product of slaughtered diseased livestock
596.406
Department to prescribe methods of destruction of property
596.412
Factors to be considered by department in exercise of disease control powers
596.416
Application to court to compel owner or person in charge of property to cooperate
596.460
Duty to separate and confine diseased animals
596.470
Health certificates for disease-free animals
596.615
“Livestock” defined
596.620
Indemnification of owners of livestock or property slaughtered or destroyed by order of department
596.625
Approval of indemnification required
596.640
Livestock and property not eligible for indemnity
596.650
Indemnity
596.660
Method of destruction
596.671
Amount of indemnity
596.681
Limit of state indemnity to livestock owner also receiving federal indemnity
596.990
Penalties
596.995
Civil penalties
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