(1) Whenever livestock or hides are subject to brand inspection under ORS § 604.046, the person in possession shall submit evidence of ownership or right to possession of the livestock or hides at the request of the State Department of Agriculture. The evidence may consist of any documents and statements that tend to establish such ownership or right to possession. The prima facie character of a recorded brand and the disputable presumption against unrecorded brands set forth in ORS § 604.035 (2), shall be given recognition by the department.

Terms Used In Oregon Statutes 604.051

  • 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
  • Brand inspection: means the department's:

    (a) Examination of the brands, tags, breed, flesh marks including dewlaps and wattles, earmarks, coloring, sex, age or other distinguishing characteristics of livestock;

    (b) Examination of documents and other evidence of ownership or right to possession of livestock; and

    (c) Issuance or refusal to issue a brand inspection certificate. See Oregon Statutes 604.005

  • Brand inspection certificate: means a document issued by the department that is valid for eight days, unless otherwise specified therein, and that includes:

    (a) The date and place of issuance;

    (b) The quantity of livestock inspected and a description of the distinguishing characteristics of hides or of livestock examined, including brands, tags, breed and sex;

    (c) The name and address of the person to whom issued and the name and address of the owner;

    (d) If the livestock are to be transported, the destination;

    (e) A statement of any limitation on the use of the certificate, or on its period of validity; and

    (f) A signed certification of the department's brand inspector that the brand inspector has examined the described hides or livestock and documents associated therewith and that to the best of the inspector's knowledge the hides or livestock are owned or in the lawful possession of the person presenting the hides or livestock for brand inspection. See Oregon Statutes 604.005

  • Department: means the State Department of Agriculture. See Oregon Statutes 604.005
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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

(2) The department shall examine livestock or hides, review any evidence submitted pursuant to subsection (1) of this section and otherwise perform brand inspection to determine whether the person in possession is the owner or lawful possessor thereof. Except for brand inspections made under ORS § 604.046 (4), if the department determines the person is the owner or lawful possessor, it shall issue an appropriate brand inspection certificate. However, if the department determines there is a question of ownership or right to possession of the livestock or hides, or if the person in possession of the livestock or hides fails to submit the evidence requested under subsection (1) of this section, the department shall refuse to issue its brand inspection certificate and may undertake any of the actions described in ORS § 604.056. [1981 c.248 § 10]