ORS 596.371
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]

Source: Section 596.371 — Treatment of diseased livestock by owner; notice; treatment by department; lien for treatment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors596.­html.

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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