ORS 599.421
Matters to be considered in granting licenses

  • change of market ownership
  • fee exception

(1)

In its consideration of the application for license, the State Department of Agriculture shall consider:

(a)

The ability of the applicant to qualify with the provisions of the federal Packers and Stockyards Act of 1921, 7 U.S.C. 181 to 228, as amended, and effective June 29, 1971.

(b)

The testimony and evidence adduced at the hearing provided for in ORS 599.416 (Hearing on license application) and the data and information contained in the application required by ORS 599.406 (License application).

(c)

The nature and extent of livestock auction market services already available in the trade area proposed to be served by the applicant, and whether the granting of a license to the applicant would be beneficial or detrimental to the livestock industry and economy in the trade area, or would impair the ability of any other livestock auction market license holders to continue unimpaired service to the trade area.

(d)

Any record or information relating to the applicant’s prior experience in the operation of a livestock auction market and apparent ability to permanently and continuously serve the trade area in such capacity.

(2)

An application for license at an existing licensed livestock auction market location that is occasioned solely by a change in the form of ownership or by a transfer of ownership, shall be made upon forms furnished by the department which need only contain the information required in ORS 599.406 (License application) (1)(a), (b), (c) and (g), but if applicant’s transferor has altered or remodeled the facilities or if applicant proposes to do so, the application shall also contain the information required in ORS 599.406 (License application) (1)(d). The application processing fee required by ORS 599.406 (License application) (3) shall not be applicable to an application filed pursuant to this subsection.

(3)

The application processing fee required by ORS 599.406 (License application) (3) shall not be applicable to an application for the reissuance of a license to operate at a livestock auction market location if the application is made within one year after the expiration of the applicant’s license to operate at that location and the expired license was otherwise valid at the time of expiration. [1971 c.578 §6; 1999 c.473 §2]

Source: Section 599.421 — Matters to be considered in granting licenses; change of market ownership; fee exception, https://www.­oregonlegislature.­gov/bills_laws/ors/ors599.­html.

Attorney General Opinions

Application of state and federal antitrust laws to requirement that Agriculture Department shall consider effect of new competitor on existing businesses in area, (1979) Vol 40, p 86

599.205
Definitions 599.215
Prohibitions 599.235
License fee 599.245
Licensee’s bond 599.251
Procedure on licensee’s default as to condition of bond 599.255
Suspension or revocation or refusal to issue or renew licenses 599.265
Market zone 599.269
Brand inspection required prior to public auction of cattle 599.273
Questions of livestock ownership and possession 599.275
Cattle and hogs in market zone to be kept in clean, disinfected and segregated pens 599.285
Floors in pens 599.295
Pens for diseased animals 599.305
Pens and facilities for handling, testing, treating or examining livestock 599.315
Regulation by department of testing, treating and examining of livestock 599.335
Employment of veterinarian by licensee 599.345
Weighing by weighmasters 599.355
Records to be kept by licensee 599.385
Enforcement procedures 599.395
Joint federal-state administration of chapter 599.401
Livestock auction market license required 599.406
License application 599.416
Hearing on license application 599.421
Matters to be considered in granting licenses 599.426
Issuance or denial of license 599.431
Renewal of license 599.485
Definition for ORS 599.490 and 599.495 599.490
Department may impose stockyard requirements to prevent spread of disease 599.495
Cooperative agreements with federal government under which state department carries out federal programs in livestock auction markets and stockyards 599.510
Prevention of competitive bidding prohibited 599.520
By-bids and fraudulent bids made to deceive bidders 599.530
Prohibited practices in sales of purebreds 599.540
Withdrawal of purebred livestock from sale 599.550
Milking dairy cows prior to sale 599.560
Affidavits as to time of milking 599.610
License requirements 599.620
Enforcement and regulations 599.630
Revocation, suspension or refusal to issue license 599.640
Compliance with ORS 599.610 and 599.620 required 599.991
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 599.421’s source at oregon​.gov