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DEPARTMENT OF AGRICULTURE

 

DIVISION 12

LIVESTOCK AUCTION MARKETS

 

603-012-0001

Definitions

As used in OAR 603-012-0003 to 603-012-0027:

(1) "Form 1-27" is a document prescribed by the Department which includes the description and identification of livestock, the name of the buyer of the livestock, the destination of the livestock for slaughter, and an acknowledgment from the designated slaughtering establishment that the described livestock had been received.

(2) "Slaughtering establishment" means an establishment as defined in ORS 603.010(5), required to be licensed under ORS 603.025(4)(c) or (d).

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.331
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67; AD 902(8-69), f. 7-15-69, ef. 8-1-69; AD 1-1981, f. & ef. 1-9-81; AD 3-1984, f. & ef. 1-20-84

603-012-0003

State Bonds: When Required by Livestock Auction Markets

(1) The provisions of this section which are required by House Bill 1242 (also cited as Chapter 368, Oregon Laws 1967) apply only to those livestock auction markets that have not as yet qualified under or are subject to the provisions of laws or regulations of the federal Packers and Stockyards Act and who have not obtained and are maintaining the federal bonds required thereunder.

(2) Except as hereinafter otherwise provided, the owner or operator of a livestock auction market shall obtain and maintain a state bond with the Department, the amount or size of which shall be not less than the next multiple of $2,000 above the average amount of sales of livestock by such market during a period equivalent to two (2) business days based on the total number of business days, and the total amount of such transactions in the preceding 12 months or in such substantial part thereof in which such market did business, if any.

(3) For the purpose of such computation, 260 shall be deemed the number of business days in any year. The amount of the bond shall be determined by dividing the total value of the livestock sold by the livestock auction market, during the preceding 12 months or any substantial part thereof as the market was engaged in business, by the actual number of sales by auction or on commission at which livestock was sold, but in no instance shall the divisor be greater than 130.

(4) Bonds in an amount above $26,000 shall be not less than the next multiple of $5,000 above the average amount of sales of livestock, computed as set forth above in this section.

(5) When the amount of a bond for any livestock auction market, calculated as set forth above in this section exceeds $50,000, the amount of the bond need not exceed $50,000 plus 10 percent of the excess, unless the Department pursuant to OAR 603-012-0005, has reason to believe a bond in the computed amount is inadequate.

(6) Notwithstanding the other provisions of this rule, in no case shall a bond for a livestock auction market be less than $10,000.

(7) If an applicant for a license to operate a livestock auction market has been licensed during the past three years and has engaged in the operation of a livestock auction market in Oregon, the value of the livestock sold, at such previous other location, may be used by the Department in computing the bond (providing the previous operation or amount of business is representative of the future business or operation). If the applicant for a license and bond is a successor in business to an owner or operator of an existing livestock auction market, the bond of the applicant shall be in an amount not less than that required of the prior licensee, unless otherwise determined by the Department.

Stat. Auth.: ORS 596, ORS 597 & ORS 599
Stats. Implemented: ORS 599.245
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67

603-012-0005

State Bonds: In Special Circumstances

Whenever the Department has reason to believe that any bond filed or maintained under OAR 603-012-0003 is inadequate to secure the performance of the obligations or responsibility of an owner or operator of such market under ORS 599.245, the Department shall in writing give such owner or operator at least 20 days prior notice of the need to obtain a larger bond. Failure to obtain the increased or larger bond in the amount established by the Department, may in the option of the Department be grounds for suspension of the license issued to such owner or operator, or other legal action, until such time as the required bond is obtained.

Stat. Auth.: ORS 596, ORS 597 & ORS 599
Stats. Implemented: ORS 599,245
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67

603-012-0007

Furnishing of Financial Statements

(1) The provisions of this section do not apply to a livestock auction market operating under the federal Packers and Stockyards Act.

(2) A complete and accurate financial statement shall be furnished to the Department by an owner or operator of a livestock auction market:

(a) At the time an application for a license is furnished to the Department by an applicant desiring to operate a new market, or to take over or operate an existing livestock auction market;

(b) At the time an application for renewal of a license is forwarded to the Department;

(c) At such other times as the Department deems necessary to enable it to carry out its duties and responsibilities under ORS Chapter 599.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 599.406
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67; AD 3-1984, f. & ef. 1-20-84

603-012-0009

Chutes for Inspecting Livestock for Brands or Marks of Identification

(1) Chutes for the inspecting of livestock for brands or marks of identification, as authorized or required under ORS Chapter 604 or other laws enforced by the Department, shall be constructed so that inspection of animals can be made from either side. Solid walls on chutes shall not extend higher than 30 inches above the floor of the chute. The portion of the chute above 30 inches shall be constructed of either cable, pipe, or poles.

(2) Drop gates shall be provided in chutes for stopping animals. The first gate at the head of the chute shall be spaced to handle one animal and additional gates shall be spaced no farther than 22 feet apart. Adequate lighting shall also be provided.

(3) Where a roof is deemed necessary by the Department to protect its employees or others who are required to work around the chute, or to protect the equipment or materials used by them, the roof shall be built over the chute. Electrical outlets for the use of electric clippers shall be provided at intervals along the chute.

(4) Chutes for inspecting livestock for brands or marks of identification shall be thoroughly cleaned after each sale.

Stat. Auth.: ORS 596, ORS 597 & ORS 599
Stats. Implemented: ORS 599.305
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67; AD 959(25-71), f. 11-29-71, ef. 12-15-71

603-012-0011

Catching Chutes for Livestock Disease Purposes

(1) Each livestock auction market shall maintain one or more catching chutes for testing, treating, or examining livestock for disease purposes.

(2) Chutes shall be constructed of strong materials equipped for segregation of livestock, headed by a stanchion, permitting free access to livestock and constructed to provide shelter from the elements as well as prevent danger of physical injury to employees or veterinarians.

(3) Chutes and access alleys to the chutes shall be floored with concrete or other impervious material and otherwise constructed to permit thorough cleaning, drainage, and disinfecting thereof, and shall be thoroughly cleaned and disinfected after each sale. The construction of floors of catching chutes and access alleys shall be approved by the Department.

(4) Chutes shall be lighted sufficiently to permit the proper examination and treatment of livestock.

(5) Chutes shall be of such number and so located within the market area to permit ready access by livestock at all times.

Stat. Auth.: ORS 596, ORS 597, & ORS 599
Stats. Implemented: ORS 599.305
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67; AD 959(25-71), f. 11-29-71, ef. 12-15-71; AD 1-1981, f. & ef. 1-9-81

603-012-0012

Animal Health Inspection -- General Rules

(1) Inspection of animals at livestock auction markets is for the purpose of assuring that such animals will not knowingly be a source of infection to other animals in Oregon or other states to which they may be exported.

(2) The inspection of animals for the purpose of section (1) of this rule will be under the supervision of the livestock auction yard management.

(3)(a) The operator of the livestock auction yard shall employ a Deputy State Veterinarian for the inspection of livestock presented for sale; except

(b) If the auction yard operator is unable to obtain the services of the Deputy State Veterinarian and the Department after thorough investigation determines that the operator has tried in good faith to obtain such services, the Department may furnish a qualified person to make an initial inspection of livestock presented for sale. When the qualified person determines there is doubt of the health status of an animal, he will at once require the operator to obtain the services of a qualified veterinarian as required by ORS 599.335. The animal or animals determined by the qualified person to need veterinarian inspection will be placed in isolation pens and will remain there until disposition is determined by the veterinarian. The auction yard operator will be responsible for all costs incurred by the Department through use of the qualified person and the veterinarian.

(4) The auction yard operator or his employees shall notify the Deputy State Veterinarian of any sick, injured or dying animals (including "cancer-eye" cattle).

(5) The auction yard operator shall consult with the Deputy State Veterinarian when the Deputy State Veterinarian exercises his authority to deny access to the auction yard of sick, injured or dying animals.

(6) The auction yard operator or his employees will assist the Deputy State Veterinarian and Department Brand Inspectors in assuring that all animals originating in other states have complied with Oregon import regulations or with regulations imposed by the Code of Federal Regulations (9 CFR).

(7) Any authorized agent or employee of the Department may at any reasonable time enter any livestock auction yard and examine it or the livestock therein to determine compliance with applicable regulations of ORS Chapters 596, 603, 604, or 619.

(8) The responsibility for compliance with the laws relating to livestock auction markets and for the regulations promulgated thereunder relating to livestock disease, sanitation, inspection, and other regulations promulgated under the provisions of ORS Chapters 596, 599, and 604 is the responsibility of, and rests with the livestock auction market licensee.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 599.335
Hist.: AD 1-1981, f. & ef. 1-9-81; AD 3-1984, f. & ef. 1-20-84

603-012-0013

Quarantine Areas and Pens

A quarantine area shall be constructed and maintained in each livestock auction market as follows:

(1) A pen or pens shall be so located within the market area or zone and so constructed as to prevent direct physical contact between quarantine animals and healthy animals.

(2) The pens in the quarantine area shall be floored with concrete or other impervious material and have at least two degree slope to a drain. The drain shall be so constructed that all fluids collected in the quarantine pen shall flow out of the pens into a confined area that will prevent contamination of any other area.

(3) Each such pen shall be surrounded by an impervious wall at least five feet in height covered where the floor and the wall meet, to prevent pools of liquid from collecting. The door into such pens shall be solid, close fitting, and constructed at the opening to prevent liquids from flowing from the pen into access alleys or other parts of the market area or zone.

(4) No livestock excreta from quarantine areas or pens shall be disposed of in any place or in any manner which may contaminate other livestock.

Stat. Auth.: ORS 596, ORS 597 & ORS 599
Stats. Implemented: ORS 599.295
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67

603-012-0015

Cleaning and Disinfecting Livestock Auction Markets

(1) Pens and alleyways in the livestock auction markets shall not contain accumulations of manure, trash, and other extraneous material and shall be kept clean. Pens and alleyways shall be kept free of accumulations of mud and standing water. No unconfined animals or poultry shall be allowed within the confines of a livestock auction market:

(a) In carrying out and enforcing the intent and purpose and provisions of this subsection, the Department will do so by inspection of each such market and the inspection reports and/or orders relating to and covering each such market on its own merits. This is necessary as it is recognized by the Department, the auction market industry, and the livestock owners that many unforeseen or unusual conditions or extenuating circumstances may exist. The owner or operator of each such market shall comply with the requests and orders of the Department;

(b) In making its inspections of market pens and alleyways, in writing its inspection reports, and/or the issuance of applicable orders, the Department will take into consideration:

(A) Existing and immediately past weather or unusual unforeseen conditions;

(B) The type of surfacing of pens and alleyways, such as hard materials (cement, asphalt, etc.) or nonhard materials (ground, gravel, sawdust, etc.);

(C) The use to which a pen or alleyway is put; to contain animals which are destined for sale, or used only for holding purposes, or any other customary use; and

(D) Other reasonable factors or conditions.

(2) All pens used in livestock auction markets for holding dairy cattle and hogs and all alleyways between such pens shall be floored with concrete or some other impervious material. All such pens and alley shall be sloped or otherwise constructed to permit adequate drainage. Such pens and alleyways and also fences, food racks, and watering troughs shall be constructed so as to allow proper cleaning and sanitation. After each use, all dairy, hog, baby calf pens, and all quarantine, testing, and treating pens shall be thoroughly cleaned, and all such places or areas shall be disinfected with a disinfection solution approved by the Department. Materials for disinfecting and the labor and other work involved in such cleaning and disinfecting, shall be furnished and paid for by the licensee owning or operating the livestock auction market.

(3) All livestock watering facilities in use at a livestock auction market in the market area or zone, shall be drained and cleaned to assure maintenance in a sanitary manner. The area immediately surrounding watering tanks shall be drained or filled to avoid accumulation of water.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 599.285
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67; AD 902(8-69), f. 7-15-69, ef. 8-1-69; AD 959(25-71), f. 11-29-71, ef. 12-15-71; AD 3-1984, f. & ef. 1-20-84

603-012-0017

Livestock Placed in Quarantine Pens

All livestock placed in quarantine pens shall be handled as follows:

(1) Such livestock shall be sold at the end of the sale without contamination or contact by such livestock with healthy livestock. Before and during the sale, each such animal shall be clearly and legibly marked with the letter "S" (for slaughter only) by means of crayon or other substance.

(2) The purchaser of livestock sold for immediate slaughter shall deliver them or cause them to be delivered to a slaughtering establishment where such livestock shall remain until slaughtered. This delivery shall be accompanied by Form 1-27 (or its equivalent Department al form) in the same manner as prescribed for "slaughter only" livestock in OAR 603-012-0024(1).

Stat. Auth.: ORS 596, ORS 597, & ORS 599
Stats. Implemented: ORS 599.295
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67; AD 902(8-69), f. 7-15-69, ef. 8-1-69; AD 959(25-71), f. 11-29-71, ef. 12-15-71; AD 1-1981, f. & ef. 1-9-81

603-012-0019

Identification and Disposition of Brucellosis Reactors

Brucellosis reactors at a livestock auction market shall be branded and tagged and sold only for immediate slaughter to a slaughtering establishment. The Form 1-27 (or its equivalent departmental form) shall accompany such animals to slaughter as prescribed in the UM&Rs.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 599.490
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67; AD 902(8-69), f. 7-15-69, ef. 8-1-69; AD 959(25-71), f. 11-29-71, ef. 12-15-71; AD 1019(9-74), f. 2-20-74, ef. 3-11-74; AD 1-1981, f. & ef. 9-1-81; AD 3-1984, f. & ef. 1-20-84

603-012-0021

Backtagging

Eligible cattle destined for slaughter at all livestock auction markets must be identified by a Department approved backtag applied by auction market personnel under the supervision of a brand inspector or other authorized Department representative before such cattle leave the market zone. Backtags shall be applied in such a manner and location as specified by the Department. The backtags and glue for application may be furnished by the Department at no cost to the livestock auction market.

Stat. Auth.: ORS 596, ORS 597 & ORS 599
Stats. Implemented: ORS 599.490
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67

603-012-0023

Duties of Market Veterinarians

(1) The Deputy State Veterinarian will inspect animals presented at markets for the purpose of determining the disposition of sick, injured or dying animals including those showing lesions indicative of cancer-eye (epithelioma).

(2) The Deputy State Veterinarian will consult with the livestock market operator when he/she determines that an animal should be denied access to the market. Diagnostic determinations of conditions causing denial of access or other handling of sick, injured or dying animals are not required for the exercise of authority by the Deputy State Veterinarian.

(3) The Deputy State Veterinarian will assure that all livestock consigned to slaughter (for any reason) are marked in accordance with the applicable administrative rule and that the required form/forms is/are properly completed and copies distributed. Particular attention will be paid to the execution of USDA/APHIS Form 1-27.

(4) The Deputy State Veterinarian shall be responsible for all official inoculations, tests and health inspections required of livestock entering the livestock auction market facilities.

(5) The Deputy State Veterinarian shall complete forms and reports as required by the Department including copies of all brucellosis test charts issued at each sale, showing the number of cattle tested, the number negative the number of suspects and the number of reactors, including the reactor tag numbers, and certifying that all reactors and suspects were handled in compliance with the UM&Rs. All forms and reports shall be forwarded to the State Veterinarian within 48 hours of the completion of the sale.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 599.335
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67; AD 902(8-69), f. 7-15-69, ef. 8-1-69; AD 959(25-71), f. 11-29-71, ef. 12-15-71; AD 1006(20-73), f. 12-5-73, ef. 12-25-73; AD 1-1981, f. & ef. 1-9-81; AD 3-1984, f. & ef. 1-20-84

603-012-0024

Miscellaneous Auction Market Requirements

(1) Livestock specifically consigned for "slaughter only" by the seller shall be so designated by the livestock auction yard operator at the time of brand inspection or time of consignment for sale in a manner approved by the Department. The Deputy State Veterinarian shall be advised of this designation by the livestock auction market employees or by the Department al brand inspector. The Deputy State Veterinarian shall be responsible for the preparation of Form 1-27 on all of such livestock. (Placards notifying patrons of the designation and meanings of "S" markings and "slaughter only" shall be posted at each livestock auction yard.)

(2) Female bison over 24 months of age shall be tested for brucellosis at the consignor's expense unless consigned for slaughter only.

Stat. Auth.: ORS 596, ORS 597 & ORS 599
Stats. Implemented: ORS 599.490
Hist.: AD 1-1981, f. & ef. 1-9-81

603-012-0027

Dairy Cattle and Hogs Retained in Separate Pens

(1)(a) "Dairy cattle" for the purposes set forth in ORS 599.275 and 599.285, and for the purposes of this section means and applies only to milk cows sold and described at the livestock auction market as a milk producing animal to be moved to a farm or ranch primarily for milk production for human consumption;

(b) All other cattle of the recognized breeds used primarily for milk production and crosses of such breeds, including crosses with beef type animals, should be considered as being held for sale, sold, or purchased only for slaughter purposes.

(2) All dairy cattle entering a livestock auction market, or the market zone of such market, shall be placed and retained before and after sale in clean, disinfected, and segregated pens kept solely for that purpose. This requirement however does not apply to:

(a) Cattle defined and set forth in subsection (1)(b) of this rule;

(b) Dairy cattle under six months of age;

(c) Steers or spayed females; or

(d) Any other dairy animal which by reason of age, disease, or other condition is to be handled, sold, and purchased only for slaughter purposes.

(3) All hogs entering the market zone of a livestock auction market shall be placed and retained before and after sale in clean, disinfected, and segregated pens kept solely for that purpose.

Stat. Auth.: ORS 596, ORS 597 & ORS 599
Stats. Implemented: ORS 599.275
Hist.: AD 850(22-67), f. 9-5-67, ef. 9-13-67; AD 902(8-69), f. 7-15-69, ef. 8-1-69

Temporary or "One Day" Horse Sales

603-012-0205

Temporary or "One Day" Horse Sales

(1) As used in sections (1) to (4) of this rule:

(a) "Department" means the Oregon State department of agriculture;

(b) "Equine Animal" means any animal belonging to the genus Equinus including horses, asses, and mules;

(c) "Licensee" means any person, lessee, partnership, or corporation applying for and receiving a license to conduct a temporary horse sale;

(d) "Temporary horse sale" or "one day horse sale" means the sale of horses, mules, or asses, as authorized by ORS 599.610 to 599.640;

(e) "Livestock" means cattle, horses, mules, asses, and swine.

(2) Application to hold a temporary horse sale shall be made to Department at least 30 days prior to the date the sale is to be held.

(3) Temporary horse sales may be conducted at such times and places as the licensee desires subject to the approval of the Department. If the sale is to be held at a yard or place not specifically constructed for the sale of animals, the Department before approving a license will require at least the following minimum facilities:

(a) Enclosures must be provided of such size and construction as to adequately restrain all animals congregated for sale;

(b) A separate pen shall be provided for animals showing symptoms of infectious or contagious diseases. This pen shall be so located, and so constructed that no direct contact with other animals is possible;

(c) All stalls, pens, and water tanks will be maintained in a sanitary condition.

(4) The licensee shall employ and pay a deputy state veterinarian on a private fee basis:

(a) The deputy state sale veterinarian shall have authority and responsibility for the direction and control of the sanitary practices and examinations of horses at the sale;

(b) All equine animals to be sold shall be examined for evidence of infectious and contagious disease;

(c) Any equine animal showing symptoms of an infectious of contagious disease shall not be sold or offered for sale;

(d) Diseased equines described in subsection (c) of this section shall be immediately isolated from other livestock in pens provided for this purpose and shall be returned to the premises of origin. The deputy state sale veterinarian shall report the disease to the Department if it is one covered by or listed in a regulation promulgated under ORS 596.321.

(5) All of the applicable provisions of ORS Chapter 604, relating to brand inspection, including, but not limited to, subsection (2) of ORS 604.360 shall apply to temporary horse sales.

(6) The provisions of sections (1) to (4) of this rule are in addition to, and not in lieu of, other applicable provisions of ORS Chapter 596 relating to diseases of livestock and ORS 599.610 to 599.640 relating to temporary horse sales.

(7) After the Department receives an application referred to in section (2) of this rule and before it is authorized to issue a license, the Department must inspect the proposed yard, place, or premises where the temporary or one day horse sale is proposed to be held. The Department is not authorized to issue the license until or unless the licensee is in compliance with the provisions of this rule and has met all the requirements or procedures which the Department deems necessary for the applicant to hold such sale. No person shall hold, carry out, or engage in holding a temporary or one day horse sale without first having received a license therefor.

Stat. Auth.: ORS 561.190 & ORS 599
Stats. Implemented: ORS 599.610
Hist.: AD 619, f. 10-12-59; AD 850(22-67), f. 9-5-67, ef. 9-13-67; AD 902(8-69), f. 7-15-69, ef. 8-1-69

Registration of Animal Remedies,
Veterinary Biologics and Pharmaceuticals

603-012-0210

Definitions

In addition to the definitions set forth in Senate Bill 1222, the following shall apply:

(1) "Product" means an animal remedy, pharmaceutical or veterinary biologic readily distinguishable from any other animal remedy, pharmaceutical or veterinary biologic by its content, brand name, trade name, manufacturer, use as specified in labeling, or other distinction, but not including size or quantity of packaging.

(2) "Animal remedy" means any product labeled for veterinary/animal use to prevent, inhibit or cure or enhance or protect the health or well-being of animals, but does not include food, surgical instruments or accessories.

(3) "Pharmaceutical" means drug products labeled for veterinary/animal use by the U.S. Food and Drug Administration.

(4) "Veterinary biologic" means biological products licensed for veterinary/animal use by the U.S. department of agriculture, Animal and Plant Health Inspection Service.

(5) "Autogenous biologic" means a product derived from a source within the individual animal(s), or its confines, upon which it is to be used.

Stat. Auth.: ORS 561.190
Stats. Implemented: ORS 561.190 & ORS 584
Hist.: AD 6-1991(Temp), f. & cert. ef. 7-19-91; AD 2-1992, f. & cert. ef. 2-11-92

603-012-0220

Exemptions

(1) Animal remedy products compounded by Oregon licensed veterinarians for use in the course of their practice are exempt from the registration required in Chapter 584, 1991, Oregon Laws.

(2) Sale, offering for sale, or delivery to a user, of an unregistered animal remedy, pharmaceutical or veterinary biologic owned by a person prior to July 1, 1991 shall not constitute a violation.

Stat. Auth.: ORS 561.190 & 584
Stats. Implemented: ORS 561.190 & 584
Hist.: AD 6-1991(Temp), f. & cert. ef. 7-19-91; AD 2-1992, f. & cert. ef. 2-11-92; AD 10-1993(Temp), f. 8-4-93, cert. ef. 8-5-93; AD 4-1994, f. & cert. ef. 3-31-94

603-012-0230

Fees

(1) The registration fee for each animal remedy, pharmaceutical or veterinary biologic product shall be $75.

(2) Manufacturers of autogenous biologics shall pay $75 annually for all autogenous products formulated.

Stat. Auth.: ORS 561.190 & ORS 584
Stats. Implemented: ORS 584
Hist.: AD 6-1991(Temp), f. & cert. ef. 7-19-91; AD 2-1992, f. & cert. ef. 2-11-92; AD 10-1993(Temp), f. 8-4-93, cert. ef. 8-5-93; AD 4-1994, f. & cert. ef. 3-31-94; DOA 9-1999, f. 5-14-99, cert. ef. 6-1-99; DOA 31-2003, f. & cert. ef. 9-12-03

603-012-0240

Enforcement

The following procedures will be followed when enforcement action is undertaken:

(1) Manufacturers will be notified when unregistered products are identified in the marketplace, and will be given 30 days in which to register the product.

(2) If products remain unregistered after the 30 days notice, the seller of the product will be notified that product is unregistered, and given a period of 30 days in which to work with the manufacturer to secure registration.

(3) If the product continues to be unregistered after the expiration of the second 30-day period, the seller will be directed to remove the product from sale. The product will not be eligible to be offered for sale until it is registered.

(4) Unless the seller refuses to remove the unregistered product from sale, all subsequent enforcement action will be taken against the manufacturer.

Stat. Auth.: ORS 561.190 & ORS 584
Stats. Implemented: ORS 584
Hist.: AD 10-1993(Temp), f. 8-4-93, cert. ef. 8-5-93; AD 4-1994, f. & cert. ef. 3-31-94

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