ORS 596.640¹
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]

Atty. Gen. 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

1 Legislative Counsel Committee, CHAPTER 596—Disease Control Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors596.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 596, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­596ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information