(1) The State Department of Agriculture shall be the exclusive recorder of livestock brands. The department may not record:

Terms Used In Oregon Statutes 604.021

  • Brand: means a distinctive design, mark or other means of identification applied to a designated location of the hide, wool or skin of livestock, by methods prescribed by administrative rule of the State Department of Agriculture promulgated pursuant to ORS Chapter 183. See Oregon Statutes 604.005
  • Department: means the State Department of Agriculture. See Oregon Statutes 604.005
  • Livestock: means cattle, Equidae, sheep and any other animals designated by the administrative rule of the department. See Oregon Statutes 604.005
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

(a) A brand consisting of three or more letters or three or more figures, or any combination thereof, on the shoulders of cattle or on other locations specified by the department;

(b) A painted brand unless composed of numbers, letters or symbols, or a combination thereof; or

(c) Similar brands to more than one person.

(2) The proscription set forth in subsection (1)(a) of this section does not prohibit the continued use of any such brands that were previously recorded. Also, such letters and figures may be used on the shoulders of cattle or other locations approved by the department by the owners thereof for the purposes of identifying breed, breed registry, rodeo or show registry, age or similar characteristics, but may not be so used as to conflict with or be confused with a recorded brand.

(3) The department is authorized to modify, rescind or refuse the recording of any brands that are conflicting or that the department believes will blotch, and make any changes in brands deemed necessary to resolve a conflict or correct a design imperfection. Notwithstanding ORS Chapter 183, any such modification, change, rescission or refusal of the department may be made by written notice to affected persons and shall be a final order of the department. [1981 c.248 § 4; 2003 c.140 § 1]

 

[1967 c.129 § 3; 1973 c.430 § 1; 1975 c.574 § 2; 1977 c.175 § 1; repealed by 1981 c.248 § 20]