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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF AGRICULTURE

 

DIVISION 14

LIVESTOCK IDENTIFICATION
AND THEFT PREVENTION

Brand Recording

603-014-0010

Size of Brand and One Impression Limitation

All brands shall be a single stamp impression of such size that the entire design can be placed within a circle one foot in diameter.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 604.027
Hist.: AD 585, f. 7-15-58, ef. 7-11-58; AD 22-1981, f. & ef. 10-7-81

603-014-0012

Authorized Methods or Processes of Applying Brands

(1) Cattle, horses, mules and asses. The only methods or processes of applying brands to cattle, horses, mules, or asses (and the only methods or processes which shall be legal in Oregon), are:

(a) By the use of a hot iron; or

(b) By the use of a super-chilled or freeze iron; or

(c) By the use of caustic chemicals.

(2) Sheep. The only methods or processes of applying brands to sheep (and the only methods or processes which shall be legal in Oregon) are:

(a) By the use of paint;

(b) By the application of tattoos;

(c) By the use of a hot iron or fire-brand;

(d) By the use of a super-chilled or freeze iron or instrument;

(e) By the use of caustic chemicals.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 604.005
Hist.: AD 849(21-67), f. 9-5-67, ef. 9-13-67; AD 1003(17-73), f. 12-5-73, ef. 12-25-73; AD 22-1981, f. & ef. 10-7-81

603-014-0016

Location of Brands on Certain Animals

(1) Cattle. Brands can only be recorded with the Department under the provisions of ORS chapter 604, in the following locations:

(a) Right hip, right ribs, right shoulder, right neck, right jaw;

(b) Left hip, left ribs, left shoulder, left neck, left jaw.

(2) Horses, mules or asses. Brands can only be used or placed on horses, mules or asses and can only be recorded with the Department under the provisions of ORS chapter 604, in the following locations:

(a) Right hip, right stifle, right shoulder, and right jaw;

(b) Left hip, left stifle, left shoulder, and left jaw.

(3) Sheep. Brands can only be used or placed on sheep and can only be recorded with the Department under the provisions of ORS chapter 604, in the following locations for the branding method identified:

(a) Paint brands shall be located on either of two locations on the back of the animal such locations being defined as:

(A) Withers area: From the spinous process of the first thoracic vertebrae posteriorally to the posterior border of the eighth rib, extending on each side to lines parallel to the back line from one-half the distance from the spinous process to the shoulder joint; and

(B) Mid-back area: From the posterior border of the above described withers area posteriorally along the spinous process to the fourth lumbar vertebrae, extending on each side to lines parallel to those side lines described in the withers area.

(b) Such brands shall be situated so that the top of the brand faces toward the head of the animal:

(A) Tattoo brands shall be located on the inside of either of the front legs on the wool-free area above the knee;

(B) Firebrands, freeze brands, or caustic chemical brands shall be located on either nose, left jaw, or right jaw.

Stat. Auth.: ORS 561 & 604
Stats. Implemented: ORS 604.021
Hist.: AD 647, f. & ef. 11-18-60; AD 849(21-67), f. 9-5-67, ef. 9-13-67; AD 1003(17-73), f. 12-5-73, ef. 12-25-73; AD 1092(15-76), f. & ef. 4-16-76; AD 22-1981, f. & ef. 10-7-81; DOA 2-2004, f. & cert. ef. 1-23-04; DOA 6-2008, f. & cert. ef. 2-6-08

603-014-0017

Location of Herd or Breed Identification Markings

As provided by ORS 604.021(2), the following areas and markings may be used for herd or breed identification:

(1) The gaskins of cattle, on either side, may be used for herd identification markings. Such identification markings shall consist of three letters or figures, or any combination thereof, and may be placed either vertically or horizontally. No designs or connected figures may be used.

(2) The necks of horses, on either side, may be used for breed association identification markings.

Stat. Auth.: ORS 561 & ORS 604
Stats. Implemented: ORS 604.021
Hist.: AD 13-1983, f. 10-19-83, ef. 11-1-83

603-014-0030

No Ear or Flesh Marks Not Entitled to Be Recorded

No ear or flesh marks shall be recorded for any species of livestock. However, the Department encourages the owner of recorded brands to submit such marks with the application for recording of brand.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 561.190
Hist.: AD 585, f. 7-15-58, ef. 7-11-58; AD 22-1981, f. & ef. 10-7-81

603-014-0035

Adjustment of Conflicting Brands

Should the Department deem it necessary to adjust conflicting brands, such adjustment will be made on the basis of priority of continuous record; provided, however, that the owners of conflicting brands may make such adjustments between themselves if satisfactory to the Department.

Stat. Auth.: ORS 561.190 & ORS 604.021
Stats. Implemented: ORS 604.021
Hist.: AD 585, f. 7-15-58, ef. 7-11-58

603-014-0045

Application and Activation Fees for New Certificates of Recordation of Brands

(1) If a person desires to record a distinctive brand on a location on a species of livestock, the person may apply for a certificate of recordation as provided in this section.

(2) To receive a certificate of recordation, the person shall submit a written application, submit all other requested documents, and pay an application fee plus an activation fee.

(a) The person may submit a written application for a certificate of recordation. The application fee must accompany the application. The amount of the application fee is $25 for each location on each species of livestock.

(b) If the department determines after a review of the application that the requested brand is available, the department will project an expiration date for a certificate of recordation, inform the applicant of the projected expiration date and of the amount of the activation fee, and may request additional documents from the applicant.

(c) The amount of the activation fee for each certificate of recordation will be calculated based on the livestock species and on the number of days between the date that the department determined that the requested brand is available and the projected expiration date. For all livestock species except sheep, the activation fee for a certificate of recordation shall be $.07 per day, up to a maximum of $100. For sheep, the activation fee for a certificate of recordation shall be $.03 per day, up to a maximum of $40.

(d) Upon receiving the information described in paragraph (B), the applicant may submit the activation fee to the department. If the applicant does not submit the activation fee and all requested documents to the department so that the department receives them within three months of the date that the department determined that the requested brand is available, then the department's determination will be deemed rescinded without further action.

(3) Upon receipt of a written application, the application fee, the activation fee, and all other requested documents as provided in this section, the department will issue a certificate of recordation for the distinctive brand on the location on the species of livestock. The certificate shall allow use of the brand until the expiration date.

Stat. Auth.: ORS 561.180, ORS 604.027 & ORS 607.261
Stats. Implemented: ORS 604.027
Hist.: AD 615, f. 7-23-59, ef. 7-23-59 and 8-5-59; AD 849(21-67), f. 9-5-67, ef. 9-13-67; AD 1026(16-74), f. 4-30-74, ef. 5-25-74; AD 1068(14-75), f. 9-5-75, ef. 10-1-75; AD 2-1980, f. 2-20-80, ef. 4-1-80; AD 22-1981, f. & ef. 10-7-81; AD 6-1992, f. & cert. ef. 6-3-92; DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03; DOA 32-2003, f. & cert. ef. 9-12-03

603-014-0046

Establishing Expiration Dates for Certificates of Recordation of Brands

(1) Except as provided in subsection (2), when issuing a new certificate of recordation or when renewing an existing certificate of recordation, the department may establish or adjust the expiration date of the certificate as the department considers necessary to ensure that an approximately equal number of certificates will expire in each year of a four-year cycle.

(2) Every certificate of recordation must have at least one expiration date in each four-year cycle.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 604.027(1) & 604.027(2)
Hist.: DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03; DOA 32-2003, f. & cert. ef. 9-12-03

603-014-0047

Renewal Fees for Certificates of Recordation of Brands

(1) All certificates of recordation expire on their expiration dates, unless the department receives the renewal fee by the first January 4th that follows an attempt by the department to notify the holder of the need to renew.

(2) The department will attempt to notify the holder during the September that precedes the expiration date of the certificate of recordation that the certificate needs to be renewed.

(3) The amount of the renewal fee depends on whether the new expiration date will be adjusted under OAR 603-014-0046.

(a) If the new expiration date will not be adjusted, the certificate of recordation will be effective for four years and the amount of the renewal fee will be based on the species of livestock. For all livestock species except sheep, the renewal fee shall be $100. For sheep, the renewal fee shall be $40.

(b) If the new expiration date will be adjusted, the department will attempt to notify the holder of the adjusted expiration date and of the amount of the renewal fee. The amount of the renewal fee will be calculated based on the number of years that the certificate of recordation will be effective and on the species of livestock. For livestock species except sheep, the renewal fee shall be $25 per year. For sheep, the renewal fee shall be $10 per year.

(4) The department will mail the notifications described in this section to a holder of a certificate of recordation at the holder's last known address as shown on the department's records.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 604.027(1) & 604.027(2)
Hist.: DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03; DOA 32-2003, f. & cert. ef. 9-12-03

603-014-0048

Reactivation Fees for Expired Certificates of Recordation of Brands

(1) If a certificate of recordation has expired, the person who held the certification of recordation may reactivate the certificate as provided in this section within one year of the date the certificate expired.

(2) Within 60 days of the expiration, the department will provide written notice of the expiration to the person who held the certificate.

(3) To reactivate a certificate of recordation, the person who held the certificate shall submit a written request, submit all other requested documents, and pay a reactivation fee plus a renewal fee.

(a) The person who held the certificate of recordation may request in writing that the department reactivate the certificate. The reactivation fee must accompany the request. The amount of the reactivation fee is $25 for each certificate.

(b) If the department determines that the certificate of recordation may still be reactivated, the department will inform the person who held the certificate of the amount of the renewal fee and may request additional documents from the person.

(c) The amount of the renewal fee for each certificate of recordation will be calculated based on the livestock species and on the number of days between the date that the department determined that the certificate may still be activated and the new expiration date. For all livestock species except sheep, the renewal fee for a certificate of recordation shall be $.07 per day, up to a maximum of $100. For sheep, the renewal fee for a certificate of recordation shall be $.03 per day, up to a maximum of $40.

(d) Upon receiving the information described in paragraph (b), the person who held a certificate of recordation may submit the renewal fee to the department. If the person does not submit the renewal fee so that the department receives it within three months of the date that the department determined that the certificate of recordation may be reactivated or within one year of the date that the certificate expired, whichever occurs first, then the department's determination will be deemed rescinded without further action.

(e) Upon receipt of a written request, the reactivation fee, the renewal fee, and all requested documents as provided in this section, the department will reactivate the certificate of recordation. The reactivation shall allow use of the brand between the date that the department determined that the certificate of recordation may be reactivated and the new expiration date. The reactivation does not allow use of the brand between the date the certificate or recordation expired and the date that the department determined that the certificate of recordation may be reactivated.

(4) If the person who held a certificate of recordation does not reactivate an expired certificate of recordation within one year of the date that the certificate expired and as otherwise provided in this section, then the certificate is considered abandoned and any other person may apply for recordation of the distinctive brand.

(5) The department will mail the notifications described in this section to a person who held a certificate of recordation by addressing the notification to the person and use the person's last known address as shown on the department's records.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 604.027(1) & 604.027(2)
Hist.: DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03; DOA 32-2003, f. & cert. ef. 9-12-03

603-014-0055

Service Fee

(1) The service fee provided for in ORS 604.046(2) shall apply any time a livestock inspector travels specifically with the intent to conduct a brand inspection.

(2) The service fee is $25 per travel location.

Stat. Auth.: ORS 561.190
Stats. Implemented: ORS 604.046(2)
Hist.: DOA 14-1999, f. & cert. ef. 6-30-99; DOA 12-2006, f. 6-7-06 cert. ef. 7-1-06; DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07; Administrative Correction 1-24-08; DOA 6-2008, f. & cert. ef. 2-6-08

603-014-0065

Service Fee Exemptions

The service fee required by OAR 603-014-0055 shall not apply to the following:

(1) Cattle and equine that are presented for inspection at place where a livestock inspector is present and the owner or occupant of that place allows the use of their property to conduct the inspection. The service charge may or may not have already been paid by the person who caused the inspector to be at that place.

(2) At auction markets where multiple inspectors are required to adequately inspect cattle prior to their sale, only one service fee will be charged per sale.

Stat. Auth.: ORS 561.190
Stats. Implemented: ORS 604.046(2)
Hist.: DOA 14-1999, f. & cert. ef. 6-30-99; DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07; Administrative Correction 1-24-08; DOA 6-2008, f. & cert. ef. 2-6-08

603-014-0095

Brand Inspection Fee

(1) The brand inspection fee for cattle, as provided by ORS 604.066(2), shall be $1.00 per head.

(2) The brand inspection fee for cattle hides shall be $1.50 per hide.

(3) The brand inspection fee for self-inspection (E certificates) on cattle shall be $1.00 per head.

(4) The charge for cattle transportation certificates, as authorized by ORS 561.180(4), shall be $1.50 per book.

Stat. Auth.: ORS 561.180, 604.027 & 607.261
Stats. Implemented: ORS 604.066
Hist.: AD 15-1982, f. & ef. 11-1-82; AD 13-1983, f. 10-19-83, ef. 11-1-83; AD 3-1985, f. 1-23-85, ef. 2-1-85; AD 12-1989, f. & cert. ef. 9-1-89; AD 6-1992, f. & cert. ef. 6-3-92; DOA 8-2003, f. 1-14-03 cert. ef. 1-15-03; DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07; Administrative Correction 1-24-08; DOA 6-2008, f. & cert. ef. 2-6-08; DOA 19-2008, f. 9-10-08, cert. ef. 9-12-08

603-014-0135

Brand Inspection System for Cattle Hides

As provided by ORS 604.046(6), the system for brand inspection of cattle hides resulting from custom slaughtering operations shall be as follows:

(1) Custom slaughtering establishments shall prepare the certificates and reports required by ORS 603.045. All hides shall be identified by application of a back tag or other identification device approved in writing by the Department. The back tag or device must be affixed to the hide with back tag glue or other manner approved in writing by the Department.

(2) Custom slaughtering establishments shall disclose to the Department the identities and locations of the rendering plants or hide buyers to which they sell or deliver cattle hides resulting from their slaughtering operations. Brand inspection of cattle hides may then be performed at these identified places. In the event custom slaughtering establishments retain the cattle hides resulting from their slaughtering operations, or in the event the cattle hides are disposed of to tanneries, or to rendering plants or tanneries located outside this state, brand inspection of cattle hides shall then be performed at the custom slaughtering establishments with the fees therefore based upon the number of cattle hides inspected. The brand inspection of cattle hides may be random, select or complete, depending upon the number of hides available for inspection and the degree of ownership verification, but not less than 25% annually.

(3) As provided by ORS 561.275, all rendering plants licensed under ORS 601.050, hide buyers, and all custom slaughtering establishment licensed under ORS 603.025, shall make their records relating to their acquisition and disposition of cattle hides available to the Department upon its request.

(4) The fee for brand inspection of cattle hides shall be that set forth in OAR 603-014-0095. The fee for such inspections performed at rendering plants identified under section (2) of this rule shall be deducted from the sales prices due the custom slaughtering establishments from whom the cattle hides were obtained, and remitted to the Department on or before the fifth day of the month following the acquisition of such cattle hides.

Stat. Auth.: ORS 561 & 604
Stats. Implemented: ORS 604.071(5)
Hist.: AD 13-1983, f. 10-19-83, ef. 11-1-83; AD 9-1987, f. & ef. 6-24-87; DOA 15-1999, f. & cert. ef. 6-30-99; DOA 26-2000, f. & cert. ef. 10-6-00; DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07; Administrative Correction 1-24-08; DOA 6-2008, f. & cert. ef. 2-6-08

Change of Ownership

603-014-0205

Inspection Requirements

Subject to OAR 603-014-0210, all cattle shall be inspected at any time there is a transfer of ownership in said cattle, by sale or otherwise. However, the buyer and seller of cattle may agree to have inspection of groups of cattle at a designated collection point at any time within 48 hours after the sale or other form of transfer of ownership has taken place.

Stat. Auth.: ORS 561 & ORS 604
Stats. Implemented: ORS 604.046
Hist.: AD 1022(12-74), f. 4-12-74, ef. 5-11-74; AD 1110(31-76), f. & ef. 10-4-76; AD 22-1981, f. & ef. 10-7-81

603-014-0210

Inspection Exemptions

The brand inspection required by OAR 603-014-0205 shall not apply to the following:

(1) Cattle that are:

(a) Transported or moved directly (without diversion) to a licensed slaughtering establishment, licensed feedlot, or a licensed auction yard, where the regular brand inspection will be performed upon said cattle; and

(b) Sold directly to the person causing such transportation or movement and such brand inspection referred to in subsection (a) of this section; and

(c) The subject matter of an assurance given to the seller that such cattle are to be so brand inspected and transported or moved within eight days of the transfer of ownership.

(2) Cattle, not to exceed fifteen head, that are sold by seller to the same person during a consecutive eight-day period, and for which an exemption certificate, prescribed by and obtained from the Department, has been issued to said purchaser with the fee paid therefore. An executed copy of said exemption certificate shall be submitted to the Department within eight days of the execution thereof.

(3) Cattle that are handled by a custom slaughtering establishment wherein hide inspection and other requirements are performed.

(4) Calves up to 30 days of age.

Stat. Auth.: ORS 561 & ORS 604
Stats. Implemented: ORS 604.046
Hist.: AD 1022(12-74), f. 4-12-74, ef. 5-11-74; AD 1057(3-75), f. 4-17-75, ef. 5-11-75; AD 1110(31-76), f. & ef. 10-4-76; AD 22-1981, f. & ef. 10-7-81; DOA 12-2002, f. 4-5-02, cert. ef. 4-16-02

603-014-0310

Permits to Use Out-of-State Livestock Brands and the Conditions and Fees for Such Use

(1) When an out-of-state brand is unavailable for recording due to its similarity to other brands recorded in Oregon, a permit to use such a brand shall be required.

(2) A permit to use a brand not recorded in Oregon shall be issued by the Department of Agriculture, acting through the Livestock Health and Identification Division, under the following conditions:

(a) The brand to be used must be currently registered in another state;

(b) The applicant must submit a facsimile (tracing) of the branding iron to be used;

(c) Permits shall be valid for eight months from the date of issue. A permit may be renewed once for a period of no greater than four months. In no event will permits be valid for longer than 12 months. Thereafter, continued use of the brand will require a new permit;

(d) Animals to be branded must be brand inspected before the out-of-state brand is applied. The usual brand inspection fee shall apply;

(e) If animals are branded at an auction market where brand inspection has occurred, no additional brand inspection fee shall be charged;

(f) Change of ownership brand inspection is required within eight days of the transfer. If rebranding takes place when its inspection occurs, no additional brand inspection shall be charged. However, if cattle are branded at a later time, another inspection shall be required and the usual fee shall apply;

(g) A $60 processing fee shall be charged for a permit; a $5 fee shall be charged for processing a renewal of the permit.

(3) A permit shall not be issued to an out-of-state brand owner pasturing livestock in the same Oregon county as the owner of the Oregon conflicting brand.

(4) A Supervising Livestock Brand Inspector may authorize the use of an out-of-state brand at the time of brand inspection. Upon verifying the brand is currently registered in another state, the inspector will collect the $60 fee, brand facsimile and permit application and forward these items to the Brand Recorder for processing. If the brand is available for recording in Oregon, registration documents will be issued. If the brand is not available for recording in Oregon, the out-of-state brand permit will be issued.

Stat. Auth.: ORS 561.190 & ORS 604.071
Stats. Implemented: ORS 604.071
Hist.: AD 4-1988, f. 4-5-88, cert. ef. 4-15-88; AD 23-1993, f. & cert. ef. 12-21-93

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