Treatment of diseased livestock by owner
- • notice
- • treatment by department
- • lien for treatment
(1) Whenever the owner or person having control of livestock receives notice from the State Department of Agriculture that the livestock must be treated for disease, the owner or person having control shall, within the time prescribed in the notice, cause the livestock to be treated in the manner prescribed by the department.
(2) If any person fails to comply with the notice, the department may cause the livestock to be treated and, where necessary to carry out the treatment, cause its removal to a more convenient location.
(3) No person shall fail to treat livestock owned or controlled by the person in the manner prescribed by rule of the department.
(4) The department shall have a lien on any livestock treated under this section for the value of the labor, materials, medicines or services furnished in connection with the treatment. The lien shall be perfected and enforced as provided in ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) to 87.346 (Filing certificate of lien satisfaction upon payment of claim), except that:
(a) The department shall file a written notice of claim of lien as provided in ORS 87.242 (Filing notice of claim of lien) with the Secretary of State within 30 days from the date of furnishing the labor, materials, medicines or services. The Secretary of State shall include a notice of claim of lien that is filed with the secretary under this subsection in the index maintained by the secretary for filing financing statements pursuant to ORS chapter 79.
(b) The lien created by this subsection shall have priority over all other liens upon such livestock, except tax liens.
(5) The department shall not charge as an item of expense in connection with such treatment for any services rendered by an assistant state veterinarian or the State Veterinarian relative thereto, nor shall the department have a lien for such services upon any livestock as provided in this section. [1955 c.557 §20 (enacted in lieu of 596.370); 1983 c.740 §228; 2001 c.301 §24]
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