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

 

DIVISION 11

LIVESTOCK HEALTH AND SANITATION

603-011-0053

Hazardous Animal Vaccines

In addition to the hazardous vaccines and products identified in ORS 596.065(1)(a), i.e., Brucella abortus vaccine, Hog cholera vaccine, Rabies vaccine and biologics not approved by the U.S. Department of Agriculture for general use, and as provided in subsection (1)(b) of this statute, Pseudorabies vaccine is declared a hazardous vaccine and subject to the prohibitions on uses set forth in ORS 596.075, unless the use is subject to a written permit issued by the Department under ORS 596.065(3).

Stat. Auth.: ORS Ch. 561 & 596
Stats. Implemented: ORS 596.065
Hist.: AD 2-1985, f. & ef. 1-18-85

Veterinarian

603-011-0201

Veterinarian's Inspection Fees

The fees for the inspection, testing, treating or examination, pursuant to the provisions of ORS 596.225, of any animals that are to remain within the state or to be removed to states where the sanitary laws require such inspection, testing, treating or examination and where performed at the request of the owner, shall be in accordance with the current schedule approved or published by the Department.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.225
Hist.: AD 2-1985, f. & ef. 1-18-85

603-011-0212

Diseases Reportable by Veterinarians

Any person practicing veterinary medicine in this state shall immediately notify the department by telephone of observing the following abnormalities:

(1) Any unidentified vesicular disease;

(2) Any exotic disease or foreign animal disease, even if only suspected;

(3) Any disease of unknown etiology exhibiting highly pathogenic or lethal effect; or

(4) Any person practicing veterinary medicine in this state shall immediately notify the department by telephone of clinical evidence of any of the following diseases:

Multi Species Diseases

Anthrax

Babesiosis/Piroplasmosis

Bluetongue

Brucellosis (abortus, mellitensis, suis)

Foot and mouth disease

Pseudorabies

Rabies

Vesicular Stomatitis

Cattle Diseases

Bovine spongiform encephalopathy

Bovine tuberculosis

Malignant catarrhal fever

Trichomoniasis

Equine Diseases

Contagious equine metritis

Equine encephalomyelitis

(WEE, EEE, VEE and WNV)

Equine infectious anemia

Equine viral arteritis

Sheep and Goat Diseases

Scrapie

Swine Diseases

Classical swine fever

Swine Influenza

Poultry Diseases

Avian chlamydiosis

Avian infectious laryngotracheitis

Exotic Newcastle disease

Notifiable avian influenza

Pullorum disease

Salmonella enteritidis

Stat. Auth.: ORS 561.190, 596.321 & 596.341
Stats. Implemented: ORS 596.321
Hist.: AD 2-1985, f. & ef. 1-18-85; AD 1-1995, f. & cert. ef. 2-3-95; DOA 14-2010, f. & cert. ef. 8-31-10

Importation of Livestock into the State of Oregon

603-011-0250

Definitions

As used in ORS 596 and OAR 603-011-0250 to 603-011-0725 the following definitions apply:

(1) "Approved Veterinarian" means a licensed graduate veterinarian accredited by the federal authorities in the state of origin or an authorized veterinarian of the U.S. Government or of the state government of state of origin.

(2) "Dairy Cattle" means cattle of the recognized dairy breeds or crosses of such breeds.

(3) "Beef Cattle" means cattle of the recognized beef breeds or crosses of such breeds and also cattle of mixed dairy and beef breeds.

(4) "Livestock" as used in ORS 596.010, except as provided in ORS 596.615 to 596.681 includes, but is not limited to, horses, mules, jennies, jackasses, cattle, sheep, dogs, hogs, goats, domesticated fowl, psittacines, ratites, domesticated fur-bearing animals, bison, cats, poultry, and any other vertebrate in captivity. Fish are not "livestock".

(5) "Livestock Auction Market" means an Oregon licensed livestock auction market or stockyard where animal health inspection is continually maintained by the Department and Oregon import requirements for imported livestock may be completed before the animals leave the market.

(6) "Official Test" means any test to determine qualitatively or quantitatively the presence or absence of disease and performed by a laboratory, or by specific personnel, approved by the Chief Livestock Health Official of the state of origin.

(7) "Certificate of Veterinary Inspection" means a legible record complying with the animal health requirements of the State of Oregon, from the state of origin, approved and issued by the Livestock Health Official of that state, or an equivalent form from the U.S. Government, and issued by an approved veterinarian. Such certificates shall be void 30 days after the date of issuance. The form shall contain, in addition to such information as may be hereinafter required for a particular species of livestock the following information:

(a) Complete name and address of consignor and consignee;

(b) Physical address of both the origin and destination location of the livestock in of the shipment;

(c) The date of issuance;

(d) A description or identification of the livestock to be shipped, including the age, sex, breed, brands, or marks, tags, or official identification devices;

(e) Visible signs of clinical disease in the livestock being shipped;

(f) Results and dates of required tests and vaccinations.

(8) "Import Permit" means an authorization in writing, or by facsimile or telephone from the Department, permitting the doing of the acts recited therein. All import permits shall be void 15 days after date of issuance, unless specified otherwise at time of issuance. Request for an import permit shall set forth the following information:

(a) Number and kind of livestock;

(b) Complete name and address of consignor, and physical address of origin of shipment, if different from consignor address;

(c) Proposed date of shipment;

(d) Complete name and address of consignee and physical address of destination location of livestock in the shipment;

(e) Intended purpose of shipment.

(9) "Person" means partnerships, individuals, corporations, or associations.

(10) "Poultry" includes, but is not limited to, chickens, turkeys, waterfowl, pheasants, quail, partridges, grouse, guineas, and peafowl of all ages and their hatching eggs. Other avian species includes all birds not defined as poultry whether to be held in captivity or released from captivity.

(11) "Quarantined Herd or Area" means a herd or area, county, or state quarantined by either the U.S. Department of Agriculture or by a state for any reason.

(12) "Slaughtering Establishment" means an establishment as defined in OAR 603-012-0001.

Stat. Auth.: ORS 561 & 596
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1074(37-74), f. 9-20-74, ef. 10-11-74; AD 1-1981, f. & ef. 1-9-81; AD 3-1984, f. & ef. 1-20-84; DOA 2-2002(Temp), f. & cert. ef. 1-18-02 thru 7-4-02; DOA 15-2002, f. & cert. ef. 6-13-02; DOA 4-2011, f. & cert. ef. 1-7-11

603-011-0255

Importation of Animals Into Oregon; General Provisions

(1) No livestock that are affected with or that have been known to be exposed to any infectious, contagious, or communicable disease, shall be shipped or in any manner moved or transported into Oregon except as authorized in following sections.

(2) Except as otherwise provided in this rule, all livestock transported or moved in any manner into Oregon are required to obtain an import permit from the Department before entry. The permit number shall be recorded on the grazing permit or Certificate of Veterinary Inspection document, and be in the possession of the driver of the vehicle or person in charge of the animals.

(3)(a) At the time an import permit is requested, the Department may require that a Certificate of Veterinary Inspection or Grazing Permit be obtained at the point of origin and shall accompany the applicable livestock into Oregon.

(b) The State Veterinarian may allow any livestock import requirements to be completed at the first point of destination within this state, on a case-by case basis, if it is determined by the State Veterinarian, that such action will not create a disease hazard to the livestock of this state;

(4) No livestock may be imported into Oregon that are specifically prohibited from interstate movement by the U.S. Department of Agriculture.

(5) The following are exempted from the requirement to obtain an Oregon import permit:

(a) Animals being moved or transported directly (without diversion) to a licensed Oregon slaughtering establishment. Animals consigned for slaughter and received in such slaughtering establishments may not be released from such establishments except by special permission from the State Veterinarian;

(b) Livestock originating in other states and shipped to a state-federal approved livestock auction market in Oregon. Such livestock shall be required to comply with all other applicable administrative rules for import into Oregon;

(c) Livestock being transported through the state without interruption, other than stops for feed, water and rest;

(d) Any resident animal leaving and returning to Oregon within 30 days; and

(e) Dogs, cats, reptiles, and non-poultry birds traveling interstate.

(6) Requirements for the exhibition of livestock shall comply with the directives of the Department for that specific exhibit.

(7)(a) Canadian cattle imported into Oregon must be born after 1999, individually identified by an official Canadian ear tag, applied before the animal’s arrival at the port of entry into the United States, that is traceable to the premises of Canadian origin of the animal and be listed on the Certificate of Veterinary Inspection.

(b) Canadian cattle imported into Oregon must have a hot iron brand of C/\N properly applied and easily visible on the live animal and on the carcass before skinning. The C/\N brand must be not less than 2 inches nor more than 4 inches high, and must be applied to each animal’s right hip, high on the tail-head (over the junction of the sacral and first cocygeal vertebrae).

(8) Livestock being transported or moved, in any manner, into Oregon without an import permit and a Certificate of Veterinary Inspection or grazing permit, when required, shall be held in quarantine at the owner's risk and expense until released by the Department. This section shall not be construed as a waiver of enforcing the provisions of ORS 596.990 for violation of regulations relating to importation of livestock.

Stat. Auth.: ORS 561 & 596
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 9-1977, f. & ef. 4-6-77; AD 7-1981, f. & ef. 5-13-81; AD 3-1984, f. & ef. 1-20-84; DOA 1-2000, f. & cert. ef. 1-4-00; DOA 18-2007(Temp), f. 11-9-07, cert. ef. 11-15-07 thru 5-10-08; Administrative correction 5-20-08; DOA 17-2008, f. & cert. ef. 7-15-08; DOA 1-2011, f. & cert. ef. 1-6-11

603-011-0256

Importation of Animals; Preventing Vesicular Stomatitis

(1) In addition to the requirements of OAR 603-011-0255 and all other import requirements, animals listed in section (2) of this rule which are shipped from any state or area with confirmed cases of vesicular stomatitis shall not be imported into Oregon unless:

(a) An import permit is obtained from the Department before movement, including animals moving to an approved livestock market in Oregon; and

(b) The animals show no clinical signs of vesicular stomatitis on the day of shipment; and

(c) The animals have not originated from a premises or area under quarantine for vesicular stomatitis; and

(d) A Certificate of Veterinary Inspection issued within 24 hours of movement shall accompany the animals, which states: The animals represented on this Certificate of Veterinary Inspection have not originated from a premises or area under quarantine for vesicular stomatitis.

(2) The following animals are subject to the requirements of section (1) of this rule:

(a) Horses;

(b) Cattle;

(c) Bison;

(d) Sheep;

(e) Goats;

(f) Swine; and

(g) Other susceptible animals associated with the animals listed above.

(3) The Department may require serological testing for vesicular stomatitis of any animal imported into the state. If an animal shows a positive response, the Department may deny entry into Oregon.

(4) The Department may require that any animals originating in or traveling through states where vesicular stomatitis has been confirmed be quarantined on the premises of destination for a minimum of 21 days. The Department may also require that a representative of the Department inspect quarantined animals before release of quarantine.

(5) The Department may deny entry into the state of any animal that has been vaccinated with vesicular stomatitis vaccine.

(6) The Department may require the inspection of individual animals at any gathering, including fairs, shows, rodeos, sales, auctions, and similar events, if the Department has reason to believe the animals have been exposed to vesicular stomatitis.

(7) If the Department has reason to believe that animals have been exposed to vesicular stomatitis, the Department may require inspection of the animals, the documents associated with the animals and the vehicles used to haul the animals. However, the Department may only inspect that portion of the vehicle associated with the animals.

(8) The Department may remove these requirements from any state, after the last confirmed case in that state is released from quarantine and when the decision is supported by consultation with the Oregon United States Department of Agriculture Area Veterinarian in Charge and epidemiological investigation.

Stat. Auth.: ORS 183.335(5), 561.190, 561.192, 561.605, 596.020(1)(a)(b), 596.341, 596.351, 596.392 & 604.046(4)
Stats. Implemented: ORS 596.020, 596.341, 596.351, 596.392 & 604.046(4)
Hist.: AD 14-1995(Temp), f. & cert. ef. 7-27-95; AD 17-1995, f. & cert. ef. 12-14-95; DOA 5-2011, f. & cert. ef. 1-7-11

Cattle Grazing Permits

603-011-0263

Grazing Permit for Oregon Cattle

(1) For the purpose of this rule and OAR 603-011-0264, “Grazing Permit” means a document issued by the Department at or before the time an identified person moves a specific herd of cattle from this state to a specific location in another state for grazing as a usual part of the person’s ranching operations, which authorizes the re-entry of the same cattle herd to the place of origin in this state within a specified period of time without the need for an additional permit at the time of the re-entry.

(2) In order to qualify for the issuance of a grazing permit, the following conditions shall be met:

(a) The cattle shall be a part of an established breeding herd in this state which had been assembled (other than births in the herd) more than four months prior to the submission of an application for a grazing permit;

(b) The cattle shall have been officially vaccinated against brucellosis if this would be required for entry of the cattle into this state, or officially tested negative for brucellosis, within 30 days prior to the submission of an application for a grazing permit, and if the alternative is testing, shall not have been exposed thereafter to any other cattle known to be infected with brucellosis; and

(c) The out-of-state location for the grazing or feeding of the cattle shall be owned or leased by the owner of the cattle herd, and shall be so situated as to prevent the herd from commingling with other cattle in the area.

(3) An application for a grazing permit shall be on a form prescribed by the Department, shall be submitted to the Department at least 14 days prior to the intended movement of the cattle herd, and shall include:

(a) The name and address of the applicant, and the Oregon location of the cattle herd;

(b) The number, gender, breed, approximate average age, and brand identification (if any) of the cattle in the herd;

(c) The specific location and state to which the cattle herd is to be moved, the description of conditions that are intended to prevent co-mingling of the herd with other cattle, the intended length of time before the herd would be returned to this state; and intended date of movement to the out-of-state location;

(d) The evidence of the official vaccination against brucellosis, or of the official test(s) negative for brucellosis of the cattle herd, including the date(s) thereof; and

(e) The declarations, upon which the department is to rely, stating when the cattle herd had been finally assembled, and stating the reasons the intended movement of the cattle herd should be considered a usual part of the applicant’s ranching operations.

(4) A grazing permit shall expire six months after its date of issuance. Prior to the expiration date, a grazing permit may be revoked or suspended by the Department if it determines that:

(a) Any of the evidence or declarations in the application for a grazing permit has been determined to be false or misleading;

(b) Any of the circumstances or conditions specified in section (2) of this rule has been determined to be non-existent or falsely stated; or

(c) After the cattle herd has been moved to the authorized out-of-state location, the cattle have thereafter been moved to a location other than authorized in the permit, or cattle have been added to or inserted as replacement in the herd, or the cattle in the herd have been allowed to commingle with other cattle.

(5) The grazing permit may be revoked or suspended by personally serving, or mailing by certified mail to, the permittee a written determination and order, which order shall be effective immediately. If the grazing permit is revoked or suspended while the cattle herd is out of state, the cattle shall not be allowed re-entry into this state unless the person having custody of the cattle complies with all of the regular requirements for the importation of cattle into this state.

Stat. Auth.: ORS 561 & 596
Stats. Implemented: ORS 596.341
Hist.: AD 6-1987, f. & ef. 5-5-87; DOA 3-2011, f. & cert. ef. 1-6-11

603-011-0264

Grazing Permit for Cattle From Other States

(1) In lieu of meeting all of the requirements for the issuance of a permit by this Department for the importation of cattle into this state, a person desiring to transport cattle into this state for the purpose of grazing for a limited time period may apply to the Department for recognition of a grazing permit issued to the person by the state in which the cattle are situated. If the Department determines recognition is appropriate, it shall issue a permit for the importation of the cattle into this state.

(2) In order to qualify for recognition of an out-of-state grazing permit, the following conditions shall be met:

(a) The grazing permit must be based upon the same or equivalent conditions and requirements for the issuance of an Oregon grazing permit, as set forth in OAR 603-011-0263;

(b) The grazing permit must have been issued to the person requesting its recognition and apply to the cattle desired to be transported into this state; and

(c) A written agreement must be in effect between this Department and the comparable agency of the state issuing the grazing permit, wherein reciprocal recognition is given to the grazing permits of the respective states and their administrative requirements and conditions for the issuance of the permits.

(3) An application for recognition of an out-of-state grazing permit shall be on a form prescribed by the Department, shall be submitted to the Department at least 14 days prior to the intended movement of the cattle herd, and shall be accompanied by a certified or duplicate-original copy of the out-of-state grazing permit issued to the applicant.

Stat. Auth.: ORS 561 & 596
Stats. Implemented: ORS 596.341
Hist.: AD 6-1987, f. & ef. 5-5-87; DOA 3-2011, f. & cert. ef. 1-6-11

603-011-0265

Importation of Cattle; Tuberculosis Testing Requirements

In addition to an import permit and other disease control requirements, the following requirements must be met regarding bovine tuberculosis. Cattle that have had physical contact within the past 12 months with cattle originating in Mexico must be treated as cattle originating in Mexico.

(1) Cattle originating from within the United States:

(a) Tuberculosis testing is not required for:

(A) Cattle of beef breeds originating from states classified or areas designated as USDA accredited-free of bovine tuberculosis. Such cattle must be born in or resident in such a state for at least the previous 12 months;

(B) Cattle of any breed originating from herds classified USDA accredited-free of bovine tuberculosis. The accredited herd number and date of latest herd test must be shown on the health certificate.

(C) Cattle imported for slaughter:

(i) By direct delivery to a federally inspected slaughter establishment.

(ii) By direct consignment to an auction market to be sold for slaughter only.

(D) Cattle of any beef breed or cattle of dairy breeds that are sexually neutered, imported to be fed for slaughter from a state which is not classified USDA accredited-free of bovine tuberculosis: If the herd of origin is not under hold order, quarantine, or epidemiological study for tuberculosis, and has had no laboratory confirmed case or other epidemiological evidence of tuberculosis in the previous 12 months, and there has been no contact with any such herd which has; or

(E) Cattle of beef breeds imported for breeding purposes from a state which is not classified USDA accredited-free of bovine tuberculosis if the state of origin has had no laboratory confirmed case or other epidemiological evidence of tuberculosis in the previous 12 months and the herd of origin is not under hold order, quarantine, or epidemiological study for tuberculosis;

(F) Cattle of beef breeds imported for breeding from a state which is not classified USDA accredited-free of bovine tuberculosis and which has had a laboratory confirmed case or other epidemiological evidence of tuberculosis in the previous 12 months, if the area or herd from which they originate has been exempted from testing by the Oregon State Veterinarian in consultation with livestock health officials of the state of origin.

(b) Tuberculosis testing is required for:

(A) Cattle of beef breeds imported for breeding purposes from a state which is not classified USDA accredited-free of bovine tuberculosis and which has had a laboratory confirmed case or other epidemiological evidence of tuberculosis in the previous 12 months, except as exempted in paragraph (1)(a)(F) of this rule;

(B) Cattle of dairy breeds imported for breeding and/or dairy purposes, over 2 months of age, within the 60-day period before entering the state.

(C) A retest at 60 to 120 days from date of first test may in some cases be required. The imported cattle may be retested in the state of origin or imported into Oregon and held under quarantine subject to retest;

(D) Cattle imported as transient rodeo stock must have had one negative tuberculosis test within 12 months before entry.

(c) Appeals of exemption decisions: Appeals of exemption decisions made under paragraph (1)(a)(F) of this rule must be filed with the Director of the Oregon Department of Agriculture within 10 working days of the decision. Review will be completed within 10 working days of the appeal. Review will include consultation with at least the Oregon State Veterinarian, the USDA Area Veterinarian in Charge for Oregon, and livestock health officials of the exporting state or country.

(2) Cattle originating in Canada: The regulations for importation of cattle from within the United States shall apply to areas of equivalent tuberculosis classification status as determined by the Ministry of Agriculture of Canada.

(3) Cattle originating in Mexico:

(a) Sexually neutered cattle must:

(A) Bear official Mexican government identification; and

(B) Be negative to a tuberculosis test upon crossing the border into the United States; and

(C) If imported for feeding purposes, be imported under prior written agreement with the Oregon State Veterinarian directly to a “Tuberculosis Qualified Pasture” (TQP) after proof is provided of a negative tuberculosis test administered no less than 60 days after the initial test and after importation into the U.S. Movement out of the TQP may be to another TQP, direct to slaughter, or to an out of state destination. The TQP must have fencing adequate to prohibit commingling with breeding animals; or

(D) If imported for rodeo and recreational purposes, be held separate and apart from native cattle and retested negative 60 to 120 days following the first test. Such cattle that have been resident in another state for more than 60 days shall require evidence of a second negative retest for tuberculosis before entry into Oregon.

(b) Sexually intact cattle of beef breeds must:

(A) Be negative to the tuberculosis test upon crossing the border into the United States; and

(B) Be retested negative within 60 to 120 days following the first test; and

(C) Be retested negative within 360 to 420 days following the first test; and

(D) Be held separate and apart from native cattle until completion of all tests; and

(E) Not be imported for feeding purposes.

(c) Cattle originating on Mexican dairies shall not be imported for any purpose.

Stat. Auth.: ORS 596.341
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 1108(29-76), f. & ef. 9-21-76; AD 3-1984, f. & ef. 1-20-84; AD 9-1993(Temp), f. & cert. ef. 7-23-93; AD 7-1994, f. & cert. ef. 7-12-94; DOA 12-2003(Temp), f. & cert. ef. 3-17-03 thru 9-1-03; DOA 33-2003, f. & cert. ef. 9-18-03; DOA 14-2005, f. & cert. ef. 5-31-05; DOA 20-2008(Temp), f. 9-10-08 cert. ef. 9-15-08 thru 3-10-09; Administrative correction 3-18-09; DOA 15-2010, f. & cert. ef. 8-31-10

603-011-0270

Importation of Cattle: Brucellosis Testing and Vaccination Requirements

(1) Definitions: As used in this rule:

(a) "Eligible Cattle" means all sexually intact cattle over 18 months of age, including pregnant heifers or those that have calved under 18 months of age;

(b) "Non-vaccinated" means all sexually intact female cattle over four months of age not vaccinated for brucellosis;

(c) "Vaccinated" means all female cattle vaccinated for brucellosis;

(d) “Designated Area” means an area, herd or herds described by USDA and/or the State Animal Health Official/State Veterinarian of the state-of-origin as containing cattle potentially infected with or exposed to brucellosis and thereby subject to movement restrictions and/or additional brucellosis testing;

(e) "Registered Dry Feedlot" means an area, approved and registered by the Department, surrounded by a cattle-tight fence in which livestock are confined and wherein they must be supplied both feed and water for their survival, but does not mean any pasture or corral wherein livestock are only fed occasionally or as a supplement to natural forage growing in the pasture or corral;

(2)(a) In addition to the permit requirements for importation of livestock into Oregon, official vaccination for brucellosis (either calfhood or mature) is required for the importation of all female cattle over four months of age for any purpose other than directly to slaughter or to be fed in a registered dry feedlot or a licensed terminal feedlot (not pasture) and then sent directly to slaughter from that facility. Evidence of such vaccination shall be by an official tattoo in the right ear of the animal.

(b) All eligible cattle not originating in a Designated Area are specifically exempt from brucellosis testing before entry into the State of Oregon; or

(c) All eligible cattle not originating in a Designated Area may enter Oregon directly to a licensed slaughtering establishment or to an approved state-federal market and then to a licensed slaughter plant if the identity to the out-of-state herd of origin is maintained.

(d) All sexually intact cattle over 4 months not originating from a Designated Area and consigned to an approved state-federal market which, upon sale, are to go to ranches/farms in Oregon for breeding and/or dairy purposes, must be vaccinated for brucellosis. Evidence of such vaccination is an official tattoo and/or official vaccination tag in the right ear of the animal. The cost of vaccination at the market, if required, shall be the responsibility of the buyer.

(e) All sexually intact cattle originating in a Designated Area may be imported on a case-by-case basis as determined by the State Veterinarian, based on an assessment of risk to the cattle of the state. The cattle must be officially and individually identified. The official identification, identity to the out-of-state herd of origin and its physical location must be maintained.

(3) Registered Dry Feedlot: Cattle may be imported into the State of Oregon, consigned to a registered dry feedlot subject to the following conditions:

(a) Cattle may be of any age, vaccinated or not vaccinated, but may not originate from a Designated Area without specific permission from the State Veterinarian before entry;

(b) On movement from registered dry feedlots, non-vaccinated cattle may move to slaughter or to another registered feedlot only. There are no restrictions on steers and spayed heifers, vaccinated heifers under 18 months old or eligible vaccinated cattle.

(c) No illegally imported cattle are permitted entry to registered dry feed lots. Records of cattle entering and leaving feedlot shall be available to Departmental personnel at all reasonable times.

Stat. Auth.: ORS 561 & 596.341
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 1082(5-76), f. & ef. 3-1-76; AD 1095(16-76), f. & ef. 4-26-76; AD 9-1977, f. & ef. 4-6-77; AD 9-1978, f. & ef. 7-3-78; AD 8-1979, f. 8-8-79, ef. 9-1-79; AD 1-1981, f. & ef. 1-9-81; AD 2-1981, f. & ef. 1-12-81; AD 8-1981(Temp), f. & ef. 5-18-81; AD 9-1981, f. & ef. 6-9-81; AD 3-1984, f. & ef. 1-20-84; AD 11-1984, f. & ef. 8-28-84; AD 16-1986, f. & ef. 12-31-86; AD 12-1987, f. & ef. 11-19-87; AD 1-1993, f. & cert. ef. 1-7-93; DOA 21-2011, f. & cert. ef. 10-14-11

603-011-0275

Importation of Bison

In addition to the general provisions for importation of livestock into Oregon (OAR 603-011-0255) which also apply to importation of bison, the following requirements regarding bison shall also be followed and observed:

(1) A permit shall be obtained from the Department before bison can enter Oregon.

(2) An official health certificate may be required for all bison before they are imported into Oregon.

(3) Tuberculosis: All bison shall originate from herds not known to be infected or exposed to reactor animals or herds and if over two years of age shall be tested negative for tuberculosis within 30 days of importation, except:

(a) Bison originating in an accredited free herd with the herd accreditation numbers shown on the accompanying permits or health certificates;

(b) Bison originating in a state or geographically defined area (recognized by the Department) which has not had an M. bovis infected animal or herd within the past year;

(c) Bison imported to a dry feedlot which when removed will go direct to slaughter. Bison may be removed from feed lots for breeding purposes with permission of the State Veterinarian and if they are tested as free within 10 days of removal;

(d) Bison imported for slaughter if such are slaughtered within eight days thereof.

(4) Brucellosis: A negative official test for brucellosis is required of all bison within 30 days prior to entry into Oregon except as follows:

(a) Official vaccinates under 24 months of age;

(b) Calves under eight months of age;

(c) Bison consigned directly to a slaughtering establishment, for immediate slaughter, and slaughtered within eight days of arrival.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 3-1984, f. & ef. 1-20-84

603-011-0281

Importation of Cattle; Movement From A Scabies Infection Area

(1) "Scabies" means a contagious skin disease of cattle caused by mites (Acaridae) of the genera Psoroptes, Chorioptes, or Sarcoptes.

(2) "Ivermectin" means a proprietary product authorized and approved by the U.S. Department of Agriculture for the treatment, control or eradication of scabies in cattle.

(3) No person shall ship, trail, drive or otherwise move into Oregon any cattle which have been exposed to scabies infection or are infected with scabies or originate in a scabies quarantined area unless such movement is in compliance with the provisions of the Code of Federal Regulations (9 CFR 73) and the applicable provisions of OAR 603-011-0250 and 603-011-0255.

(4) Cattle or bison moving to Oregon from a scab infected area or state must be treated with Ivermectin or other effective treatment as approved in the Code of Federal Regulations within 10 days before entry;

(5) Treatment of cattle for scabies infection shall be under the direction of a representative of the U.S. Department of Agriculture or the origin state Department of Agriculture.

Stat. Auth.: ORS 561 & 596
Stats. Implemented: ORS 596.341
Hist.: AD 6-1985, f. & ef. 7-17-85; DOA 6-2011, f. & cert. ef. 1-7-11

603-011-0305

Importation of Horses, Mules, and Asses or Other Equidae: Equine Infectious Anemia (EIA)

In addition to OAR 603-011-0255(1) through (7), (General Importation Requirements), which also apply to the importation of horses, mules, asses, or other equidae, the following shall apply to such importation:

(1) All equidae to be imported into Oregon shall be accompanied by a Certificate of Veterinary Inspection (Health Certificate) attesting to a negative official test for equine infectious anemia (EIA) within the prior six months, except:

(a) Equidae imported into the State of Oregon for slaughter, within 8 days, at an approved slaughter facility;

(b) For the sole purpose of treatment by a graduate veterinarian, immediately after which such equidae are is returned directly to place of origin;

(c) If such equidae originated in Oregon and were transported out of state for the exclusive purpose of working on a ranch and returning directly therefrom, without commingling with other equidae. This exemption does not apply to equidae taken to shows, rodeos, competitions, or similar public gatherings;

(d) Suckling foals under six months of age, traveling with their dams are exempted from the EIA test requirement;

(e) As exempted by written agreement with state veterinarians in other states.

(2) Except for travel to states exempted from EIA test requirements by written agreement in subsection (1)(e) of this rule, equidae owned and stabled in Oregon, which were transported out of state and returned, must have a negative test for EIA either:

(a) Before the end of the calendar year after returning from their last trip out of state; or

(b) Within the six months prior to returning from their last trip out of state. This does not exempt Oregon equidae from the import requirements of the state of destination.

(3) Any equidae found positive to an official test for EIA shall be handled in the manner prescribed by OAR 603-011-0606.

Stat. Auth.: ORS 561.190 & ORS 596.341
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 1077(1-76)(Temp), f. & ef. 1-20-76 thru 5-18-76; AD 1099(20-76), f. & ef. 7-1-76; AD 1111(32-76), f. & ef. 11-15-76; AD 1-1981, f. & ef. 1-9-81; AD 3-1984, f. & ef. 1-20-84; AD 9-1992(Temp), f. & cert. ef. 7-29-92; AD 11-1993(Temp), f. 8-19-93, cert. ef. 8-20-93; AD 10-1994, f. & cert. ef. 8-12-94

603-011-0310

Importation of Swine

Swine includes all porcine species. Oregon is currently Validated Swine Brucellosis Free and Stage V (Free) in the Pseudorabies Eradication Program. If Oregon's status in either of these joint state/federal programs changes, these rules will be modified to reflect those changes. In addition to the general import provisions of OAR 603-011-0255, the following are required:

(1) Slaughter swine:

(a) Infected with or exposed to pseudorabies or brucellosis may only be shipped into Oregon with an Import Permit number and only directly to an approved slaughter establishment;

(b) Imported from states or areas with a Pseudorabies Program status below Stage V may go only directly to an approved slaughter establishment.

(2) Breeder swine:

(a) Must have an import permit from the department;

(b) Must have a Certificate of Veterinary Inspection verifying such swine:

(A) Were inspected within 30 days before shipment;

(B) Are free from evidence of infectious, contagious or communicable disease or known exposure thereto;

(C) Have not been fed raw or cooked garbage; and

(D) Have not been vaccinated against pseudorabies.

(c) Must have been vaccinated against erysipelas with an inactivated product in dosage as recommended by the manufacturer within four months before entry into Oregon;

(d) Must have been vaccinated against all serotypes of leptospirosis for which a vaccine has been licensed for general use, in dosages as recommended by the manufacturer, before entry into Oregon;

(e) Six months of age and older and must have a negative test for swine brucellosis within 30 days prior to entry into Oregon, or originate from a Validated, Brucellosis Free herd or state. If from a Validated Brucellosis Free herd, the herd number and date of last herd test must appear on the health certificate;

(f) Must originate from a Pseudorabies Free state.

(3) Feeding swine:

(a) Must have an import permit from the department;

(b) May be required to have a Certificate of Veterinary Inspection verifying such swine:

(A) Were inspected within the 30 days before shipment;

(B) Are free from evidence of infectious, contagious or communicable diseases or known exposure thereto;

(C) Have not been fed raw or cooked garbage; and

(D) Have not been vaccinated for pseudorabies.

(c) Must be imported from a Pseudorabies Free state.

(4) Exhibition swine: Swine imported for exhibition must meet normal import requirements. Shows and fairs are free to make more stringent requirements.

(5) Feral Swine: Feral swine may not be imported into Oregon for any purpose.

Stat. Auth.: ORS 561.190, 596.321 & 596.341
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 932(2-71), f. 3-18-71, ef. 4-15-71; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 9-1977, f. & ef. 4-6-77; AD 1-1981, f. & ef. 1-9-81; AD 3-1984, f. & ef. 1-20-84; AD 6-1985, f. & ef. 7-17-85; AD 1-1993, f. & cert. ef. 1-7-93; Renumbered from 603-011-0321, 603-011-0326, 603-011-0328 & 603-011-0329; AD 1-1995, f. & cert. ef. 2-3-95; DOA 16-2010, f. & cert. ef. 8-31-10

603-011-0340

Importation of Sheep and Goats

In addition to the requirements of OAR 603-011-0255, relating to the importation of animals into Oregon, a Certificate of Veterinary Inspection shall be required certifying the animals being imported are free from clinical signs of disease and have no known exposure to scrapie.

(1) All sheep and goats being imported into Oregon shall be individually identified as specified by OAR 603-011-0388.

(2) Exceptions to the requirement for a Certificate of Veterinary Inspection or for any tests required due to disease conditions in state of origin may be made under agreements between the Oregon State Veterinarian and Chief Animal Health Official of reciprocating states.

Stat. Auth.: ORS 561.190, 596.020, 596.392 & 596.412
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 3-1984, f. & ef. 1-20-84; AD 5-1993(Temp), f. & cert. ef. 5-26-93; AD 13-1993, f. & cert. ef. 10-6-93; DOA 2-2011, f. & cert. ef. 1-6-11

603-011-0345

Importation of Sheep; General Provisions

All trucks or cars moving or transporting sheep infected with infectious or transmissible diseases into Oregon, may be required to be immediately cleaned and disinfected after unloading and before being used again for moving or transporting livestock.

Stat. Auth.:
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 3-1984, f. & ef. 1-20-84

603-011-0367 [Renumbered to 603-011-0384]

603-011-0369 [Renumbered to 603-011-0386]

603-011-0370

Importation of Dogs and Cats

In addition to the general provisions for the importation of livestock, an official health certificate for dogs and cats shall be provided and contain the certification:

(1) That such dogs and cats are visually free from infectious, contagious, or communicable disease.

(2) That such dogs and cats have been vaccinated against rabies in accordance with the recommendations set forth in the "Compendium of Animal Rabies Vaccines," issued by the National Association of Public Health Veterinarians, Inc., at the time of entry of the dog or cat into Oregon. Each dog or cat must be identified by a dated vaccination certificate. Puppies or kittens under four months of age are not required to be vaccinated unless they originate in a quarantined area.

(3) That such dogs and cats do or do not originate from an area under quarantine for rabies. (Only with special consideration will a permit for entry be issued by the State Veterinarian for dogs and cats originating in a rabies quarantine area.)

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1007(21-73), f. 12-5-73, ef. 12-25-73; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 3-1984, f. & ef. 1-20-84; AD 6-1985, f. & ef. 7-17-85

603-011-0371 [Renumbered to 603-011-0388]

603-011-0373 [Renumbered to 603-011-0392]

603-011-0374 [Renumbered to 603-011-0394]

603-011-0375

Importation of Poultry

(1) A valid permit shall be obtained from the Department before any person may ship, transport, or import poultry or other avian species into Oregon (poultry includes, but is not limited to, chickens and turkeys of all ages and their hatching eggs). The permit may be issued for a time period determined by the Department, and may be renewed, suspended, or revoked by the Department. If poultry qualifies under subsection (2)(a) of this rule, the form of the U.S. Department of Agriculture, may substitute for the permits.

(2) Poultry shall not be shipped, transported, or imported into Oregon, unless they:

(a) Have originated from pullorum-typhoid clean flocks under the supervision of the National Poultry Improvement Plan;

(b) Have originated from flocks which are in compliance with an equivalent program to subsection (a) of this section under the supervision of the Livestock Health Official of the state of origin; or

(c) Have passed a negative blood test for pullorum disease under the supervision of the proper State Livestock Health Official within 30 days prior to such importation into Oregon.

(3) No permit is necessary if poultry are shipped, transported, or imported direct, without diversion, to as slaughtering establishment:

(a) By common carrier;

(b) Covered by an accompanying waybill which shows the name and address of the consignee, the number of birds in the shipment, and the name and address of the destination slaughtering establishment; and

(c) A prior permit issued by the Department is necessary even though the birds are going directly to slaughter, if all the provisions of this subsection are not (or cannot be) strictly complied with.

(4) If any imported poultry or other avian species, in the opinion of the Department is, or may be, diseased, contaminated, unwholesome, or in any manner presents a threat to human or animal health, the entire lot, shipment, or birds may be quarantined by the Department and such birds or eggs:

(a) Ordered returned to the state of origin; or

(b) Disposed of as the Department deems necessary.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 3-1984, f. & ef. 1-20-84

603-011-0376

Exotic Newcastle Disease, Emergency Quarantine and Movement Restricitions

This section applies to all avian species and commercial traffic involved with avian species originating from areas under state or federal quarantine for Exotic Newcastle Disease and to bird exhibits, shows, auctions, public displays and competitions held in Oregon. It also applies to importation of all birds from states in which a state or federal quarantined area due to Exotic Newcastle Disease exists.

(1) Areas under restriction. The emergency quarantine includes all areas of any state in which a state or federal quarantine for Exotic Newcastle Disease exists.

(2) Items under restriction, except as specifically exempted in (3)(b) and (c) and (4)(b) and (c) below, include birds, poultry, poultry products, poultry waste, or vehicles, equipment or materials of any type that could transmit Exotic Newcastle Disease. Included in the restriction are vehicles that make deliveries of live birds, feed, or equipment to poultry operations of any sort in quarantined areas and then travel into the state of Oregon.

(3)(a) Except as exempted in (b) or (c) below, no live or dead birds, poultry, poultry products, poultry waste, or vehicles, equipment or materials of any type that could transmit Exotic Newcastle Disease may be moved into Oregon from areas under quarantine.

(b) From areas under state or federal quarantine for END, commercial pet birds, pet birds originating from USDA Quarantine Facilities and birds being individually imported, all of which have fulfilled all stipulations of USDA Policies for movement out of the quarantined areas, may be imported into Oregon subject to protocols established by the State Veterinarian.

(c) From areas under state or federal quarantine for END, table eggs which have fulfilled all stipulations of USDA Policies on Movement of Table Eggs out of quarantined areas may be considered for importation into Oregon. If so considered, they will be subject to protocols established by the State Veterinarian.

(4)(a) Except as exempted in (b) or (c) below, no equipment used for the processing of eggs or for the housing, feeding, watering, handling, or otherwise caring for birds of any type may be moved into Oregon from areas under quarantine

(b) Equipment used to house, water, feed, or care for commercial pet birds, pet birds originating from USDA Quarantine Facilities and pet birds being individually legally imported under authority of section (3)(b) above, all of which have fulfilled all stipulations of USDA Policies for movement out of the quarantined areas, may be imported into Oregon subject to protocols established by the State Veterinarian.

(c) Equipment used to transport, house, water, feed, handle, or otherwise care for commercial poultry which has fulfilled all stipulations of USDA Policies for Movement of Conveyances from Quarantined Areas may be considered for importation into Oregon. If so considered, they will be subject to protocols established by the State Veterinarian.

(5) Any commercial vehicle originating from an area under quarantine and which has transported feed, eggs, or equipment or other materials that could transmit Exotic Newcastle Disease must carry proof of the cleaning and disinfection of the vehicle and trailer performed immediately prior to traveling to Oregon. This proof must be provided in writing and demonstrate that the cleaning and disinfection was performed according to protocol established by the USDA.

(6) Birds of any species which originate in states with quarantined areas due to Exotic Newcastle Disease but which come from areas outside of the quarantined area must be accompanied by a Certificate of Veterinary Inspection issued within twenty four (24) hours prior to departure for Oregon by an accredited veterinarian stating the birds are healthy and free of any signs of Exotic Newcastle Disease and do not originate from a quarantined area except as exempted in (3)(b) above, and an Oregon Import Permit number obtained from the office of the Oregon State Veterinarian. Photocopies of Certificates of Veterinary Inspection are not acceptable. National Poultry Improvement Plan forms for movement of poultry may be used by members of National Poultry Improvement Plan with written certification on the form that the shipment did not originate from inside a quarantined area.

(7) A promoter of any event in Oregon which involves birds, such as an exhibit, show, auction, competition, or other public display of birds of any type shall immediately inform the Oregon State Veterinarian by mail, facsimile, or electronic mail of a scheduled event. The notification shall include the contact name, mailing address, physical address of the event, and daytime telephone number.

(8) A promoter of an event in Oregon which involves birds originating in another state, such as an exhibit, show, auction, competition, or other public display of birds of any type, shall inform the event exhibitors and vendors in writing of this Oregon Administrative Rule, the current areas under quarantine for Exotic Newcastle Disease, and the risk of introducing Exotic Newcastle Disease into Oregon. The promoter also shall require each event exhibitor and vendor, prior to the event, to attest in writing that they are not in violation of this Oregon Administrative Rule. The signed document shall be forwarded to the Oregon State Veterinarian within one week after conclusion of the event.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 561.510, 596.020, 596.341, 596.351 & 596.355
Hist.: DOA 10-2003(Temp), f. & cert. ef. 1-17-03 thru 7-16-03; DOA 13-2003(Temp), f. & cert. ef. 3-27-03 thru 7-16-03; DOA 20-2003, f. & cert. ef. 6-20-03

603-011-0377 [Renumbered to 603-011-0396]

603-011-0378 [Renumbered to 603-011-0398]

603-011-0379 [Renumbered to 603-011-0402]

603-011-0380

Importation of Domestic Fur-Bearing Animals and Animals in Captivity

No person shall ship, move, or import domesticated fur-bearing animals, or animals in captivity, into Oregon, without first obtaining a permit from the Department.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.341
Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 3-1984, f. & ef. 1-20-84

603-011-0381

Importation of Nonhuman Primates

(1) In addition to the requirements of OAR 603-011-0255, relating to the importation of animals into Oregon, no person shall ship, move, or import into this state any nonhuman primates (including, but not limited to, monkeys, baboons, gibbons, chimpanzees, and marmosets) without first obtaining a permit from the Department.

(2) All nonhuman primates shipped, moved, or imported into this state shall also be accompanied by an official health certificate as defined in OAR 603-011-0250(8), certifying that said animals are free from the following human pathogenic agents, as indicated by:

(a) Skin tests for tuberculosis; and

(b) Actual examination and laboratory tests for Salmonella, Arizona, Shigella, and internal and external parasites.

(3) In addition to the requirements of sections (1) and (2) of this rule, all nonhuman primates shall be shipped, moved, or otherwise transported into this state only upon having been handled in accordance with the standards and guidelines for procuring, compounding, holding, and transporting such primates as published in 9 CFR 1.1-3.142.

(4) Permits for importation of nonhuman primates may be issued to zoos, zoological gardens, research laboratories or centers, fairs, circuses, other shows or exhibitions, or individuals upon investigation and the finding of the Department that such facility has the necessary personnel, equipment, and physical facilities to maintain such animals under conditions which contribute to the animals' general health and well-being, and that such animals will not come in contact with the general public.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.341
Hist.: AD 979(12-72), f. 8-31-72, ef. 9-15-72; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 3-1984, f. & ef. 1-20-84

603-011-0382

Importation of Wildlife and Cervids

This rule applies to all wildlife and cervid species whether raised in captivity or wild captured, excluding domesticated fur bearing animals as defined in ORS 596.020(2). In addition to the requirements of OAR 603-011-0255 relating to the importation of animals into Oregon, no person shall ship, move, or import any wildlife into this state without complying with the following:

(1) Coordinating rules with Oregon Department of Fish and Wildlife (ODF&W) Species prohibited under authority of ODF&W may not be imported. If a special exemption is granted and signed by the Director of ODF&W, Oregon Department of Agriculture may issue an import permit, if the animal(s) meet health requirements.

(2) Rabies. (a) Except as noted in (b) below, mammals other than ungulates (hoofed animals) must originate from a licensed or otherwise officially recognized facility where the animals are all captive-bred and reared.

(b) Mammals captured from the wild may be imported only with specific permission from the State Veterinarian and must meet one of the following conditions:

(A) The individual animal must have been kept as a private pet by the importer for a minimum of one year as certified by veterinary records and/or a signed, notarized affidavit from the importer; or

(B) The importer must be a United States Department of Agriculture (USDA) Registered facility, or accredited by the American Zoo and Aquarium Association.

(3) Brucellosis. Non-livestock ruminants, native or exotic (excluding South American camelids) over six months of age shall test negative for brucellosis no more than 30 days prior to entry into Oregon. When brucellosis infection is confirmed in a herd, the entire herd shall be denied entry into Oregon.

(4) Tuberculosis. Non-livestock ruminants, native or exotic (excluding South American camelids) over six months of age shall test negative for tuberculosis no more than 30 days prior to entry into Oregon. When tuberculosis infection is confirmed in a herd, the entire herd shall be denied entry into Oregon.

(5) Parasites. Ungulates shall be treated no more than 30 days prior to entry into Oregon with a parasiticide approved by the Oregon State Veterinarian.

(6) Importation of Cervids. Coordinating rules with Oregon Department of Fish and Wildlife.

(a) Cervids prohibited by ODF&W may not be imported. If a special exemption is granted and signed by the Director of ODF&W, Oregon Department of Agriculture (ODA) may issue an import permit, if the animal(s) meet health requirements.

(b) Genetic testing of elk to be imported shall be carried out in accordance with ODF&W rules.

(7) Brucellosis (a) Wild captured cervids over six months of age shall test negative for brucellosis no more than 30 days prior to entry into Oregon. When brucellosis is confirmed in a herd, the entire herd shall be denied entry into Oregon.

(b) United States Department of Agriculture (USDA) has established qualifications for two brucellosis classifications of cervid herds. When brucellosis is confirmed in any privately owned herds, the entire herd shall be denied entry into Oregon.

(A) Privately owned cervids originating in a herd classified by USDA as a Certified Brucellosis-Free Cervid Herd are exempt from the brucellosis test.

(B) Privately owned cervids originating in a herd classified by USDA as a Brucellosis monitored Cervid Herd must test negative for brucellosis no more than 90 days prior to entry into Oregon.

(C) Privately owned cervids originating in any other herd shall test negative for brucellosis no more than 30 days prior to entry into Oregon.

(8) Tuberculosis.

(a) Wild captured cervids over six months of age shall test negative for tuberculosis no more than 30 days prior to entry into Oregon. When tuberculosis is confirmed in any herd, the entire herd shall be denied entry into Oregon.

(b) USDA has established qualifications for three tuberculosis classifications of cervid herds: Accredited herd; Qualified herd; monitored herd. When tuberculosis is confirmed in any privately owned herd, the entire herd shall be denied entry into Oregon.

(A) Privately owned cervids originating in a USDA Accredited cervid herd are exempt from the tuberculosis test.

(B) Privately owned cervids originating in a USDA Qualified cervid herd or a USDA Monitored cervid herd shall test negative for tuberculosis no more than 90 days prior to entry into Oregon.

(C) Privately owned cervids originating in any other herd shall test negative for tuberculosis twice, no less than 90 days apart. The second test must be conducted no more than 90 days prior to entry into Oregon. The animals must be isolated from all other members of the herd during the testing period.

(9) Parasites. All wild captured and privately owned cervids shall be treated no more than 30 days prior to entry into Oregon with a parasiticide approved by the Oregon State Veterinarian.

(10) Meningeal worm (Parelaphostrongylus tenuis)

(a) Except by special permit from the Director of ODF&W and special permission from the Oregon State Veterinarian, white-tailed deer are prohibited entry into Oregon.

(b) Except as provided in (c) below, importation or cervids that have ever been in meningeal worm enzootic areas is prohibited. All states and provinces east of the western boundaries of Manitoba, Minnesota, Iowa, Missouri, Oklahoma, and Texas shall be considered meningeal worm enzootic areas.

(c) Importation of cervids from a meningeal worm enzootic area may be allowed, if they test negative or are treated by a method approved by the Oregon State Veterinarian.

(11) Chronic Wasting Disease (CWD).

(a) Importation of privately owned cervids from herds which are under quarantine or epidemiologic investigation for CWD is prohibited. Importation of wild cervids from any state where CWD exists in wild populations is prohibited.

(b) Importation of privately owned cervids from a premises or herd where CWD has been diagnosed within the past 60 months is prohibited.

(c) Any privately owned herd from which elk are imported into Oregon must have a CWD surveillance program approved by the Oregon State Veterinarian. Minimum requirements for a CWD surveillance program are:

(A) Complete records of animal movement and CWD testing results may be required for review by the Oregon State Veterinarian.

(B) The elk must have permanent identification of a type approved by the Oregon State Veterinarian and that allows for both individual animal and premises identification. Approved identification includes, but is not limited to, tamper proof ear tags approved by the North American Elk Breeders Association, tattoos, microchips, and steel identification ear tags.

(C) The minimum time requirements for being under surveillance shall be twelve months at time of enactment of this rule and shall be increased by six months annually to a minimum of sixty months after eight years.

(d) The following statement by the inspecting veterinarian shall be written on the required Certificate of Veterinary Inspection. "I certify that to the best of my knowledge the herd of origin of these cervids has had no known involvement with Chronic Wasting Disease."

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.341 & ORS 596.020
Hist.: AD 9-1977, f. & ef. 4-6-77; AD 3-1984, f. & ef. 1-20-84; AD 6-1985, f. & ef. 7-17-85; DOA 10-2000(Temp), f. 4-13-00, cert.ef. 4-14-00 thru 10-11-00; Administrative correction 11-17-00; DOA 2-2001, f. & cert. ef. 1-5-01

603-011-0384

Definitions

For purposes of OAR 603, division 11:

(1) “Animal(s)” means domestic or captive sheep and/or goat(s).

(2) “APHIS” means the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA).

(3) “Director” means the Director of the Oregon Department of Agriculture, or a duly authorized representative.

(4) “Department” means the Oregon Department of Agriculture.

(5) “Exposed Flock” means a flock which has received female animals from an infected or source flock or that contains or contained a suspect female animal.

(6) “Flock” means a group of two or more sheep or goats which are kept, fed, and herded together as a management unit. The term “flock” is interchangeable with the term “herd” and applies to all categories and breeds of sheep and goats.

(7) “Flock Management Plan” means a written scrapie flock management agreement which is signed by the flock owner and a Department or APHIS representative

(8) “Infected Flock” means a flock in which there has been at least one animal with laboratory confirmed diagnosis of scrapie, including “source” flocks.

(9) “Official Individual Identification” means the unique identification of individual animals with a device determined to be appropriate by the Department and the USDA. Such identification may include, but is not limited to, official identification tags, tattoos, and electronic devices.

(10) “Quarantine” means a movement restriction imposed by the Department under authority of ORS Chapters 561 and 596.

(11) “Scrapie” means a transmissible spongiform encephalopathy of sheep and goats.

(12) “Source Flock” means a flock in which a State or APHIS representative has determined that at least one animal was born that was diagnosed as scrapie positive at an age of 72 months or less or in which a scrapie-positive animal has resided throughout its life. The determination that an animal was born in a flock must be based either on the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evidence, such as registry records, to show that a scrapie-positive animal originated from the flock combined with the absence of records indicating that the animal was purchased and added to the flock. If DNA from the animal was collected when the animal resided in the flock of birth by an accredited veterinarian and stored at an approved genotyping laboratory, or if DNA collection and storage is required for breed registration and the breed registration has appropriate safeguards in place to ensure the integrity of the banking process, the owner may request verification of the animal’s identity based on DNA comparison if adequate records and identification have been maintained by the owner and the repository to show that the archived DNA is that of the animal that has been traced to the flock. A flock will no longer be a source flock after it has completed the requirements of a flock plan.

(13) “USDA” means the United States Department of Agriculture.

Stat. Auth.: ORS 561.190, 596.020, 596.392 & 596.412
Stats. Implemented: ORS 596.392
Hist.: AD 5-1993(Temp), f. & cert. ef. 5-26-93; AD 13-1993, f. & cert. ef. 10-6-93; DOA 25-2004, f. & cert. ef. 11-8-04; Renumbered from 603-011-0367 by DOA 17-2010, f. & cert. ef. 8-31-10

603-011-0386

Scrapie Program Standards: Adoption of References

The USDA Scrapie Control and Flock Certification Program Standards found at 9 CFR Parts 54 (Control of Scrapie) and 79 (Scrapie in Sheep and Goats) are adopted by reference as the basic standards for the scrapie control and eradication program in Oregon.

Stat. Auth.: ORS 561.190, 596.020, 596.392 & 596.412
Stats. Implemented: ORS 596.392
Hist.: DOA 25-2004, f. & cert. ef. 11-8-04; Renumbered from 603-011-0369 by DOA 17-2010, f. & cert. ef. 8-31-10

603-011-0388

Identification of Sheep and Goats

All sexually intact sheep and goats of any age leaving the flock of origin which are not in slaughter channels and all sheep over 18 months of age in slaughter channels must have official identification in accordance with 9 CFR Part 79 prior to leaving the farm of origin for intrastate or interstate movement for any purpose. All sexually intact sheep and goats for exhibition must bear official individual identification in accordance with 9 CFR Part 79.

Stat. Auth.: ORS 561.190, 596.020, 596.392 & 596.412
Stats. Implemented: ORS 596.392
Hist.: DOA 25-2004, f. & cert. ef. 11-8-04; DOA 21-2006, f. & cert. ef. 12-4-06; Renumbered from 603-011-0371 by DOA 17-2010, f. & cert. ef. 8-31-10

603-011-0392

Importation of Scrapie Infected, Exposed, Suspect, or High Risk Animals

As defined in 9 CFR Parts 54 and 79, and excepting animals determined by genetic testing to be resistant to scrapie infection, animals determined to be genetically susceptible and infected, exposed, suspect, or high risk, or genetically susceptible animals from scrapie infected, source, trace, or exposed flocks shall not be imported into Oregon.

Stat. Auth.: ORS 561.190, 596.020, 596.392 & 596.412
Stats. Implemented: ORS 596.392
Hist.: DOA 25-2004, f. & cert. ef. 11-8-04; Renumbered from 603-011-0373 by DOA 17-2010, f. & cert. ef. 8-31-10

603-011-0394

Reporting Scrapie Positive Tests

(1) Suspected or confirmed cases of scrapie must be reported by telephone or fax to the Department by an owner, manager, or veterinarian within one (1) working day of determination of a positive scrapie test in an animal.

(2) It is unlawful for any owner or manager of sheep or goats to attempt to conceal or fail to report the existence of suspected or confirmed scrapie in such animals under control of that person.

Stat. Auth.: ORS 561.190, 596.020, 596.392 & 596.412
Stats. Implemented: ORS 596.392
Hist.: DOA 25-2004, f. & cert. ef. 11-8-04; Renumbered from 603-011-0374 by DOA 17-2010, f. & cert. ef. 8-31-10

603-011-0396

Condemnation and Destruction of Scrapie Infected or Exposed Animals

(1) Individual animals or flocks of animals determined by the Department or representatives of USDA/APHIS to be infected with or exposed to scrapie may be condemned and destroyed by order of the Director under ORS 596. Disposal of such condemned and destroyed animals shall be under direction of the Department.

(2) Owners of animals destroyed by order of the Department may be eligible for indemnification as determined under authority of ORS 596.

Stat. Auth.: ORS 561.190, 596.020, 596.392 & 596.412
Stats. Implemented: ORS 596.392
Hist.: DOA 25-2004, f. & cert. ef. 11-8-04; Renumbered from 603-011-0377 by DOA 17-2010, f. & cert. ef. 8-31-10

603-011-0398

Management of Exposed or Infected Flocks

These procedures shall be followed for managing flocks determined to be infected with scrapie or which have received animals from a flock determined to be infected:

(1) All animals in the flock shall be quarantined by the Department under ORS 561 or 596 subject to disease status evaluation to determine risk status of the animals involved.

(2) After a disease status evaluation determines risk levels of specific animals in an infected flock or animals received from a flock determined to be infected, a Flock Management Plan shall be written in accordance with 9 CFR Part 54 and signed by the flock owner and the Director or representative. The Department may require destruction of high risk, exposed, and infected animals under ORS 596.

(3) The quarantine shall be removed after the department approved flock management plan has been implemented and completed.

(4) Animals from an exposed or infected flock may not be exhibited at public gatherings in Oregon until completion of the flock management plan.

(5) Animals from an exposed or infected flock may not be sold for breeding purposes in Oregon until the flock owner has completed a flock management plan consistent with 9 CFR Part 54.

Stat. Auth.: ORS 561.190, 596.020, 596.392 & 596.412
Stats. Implemented: ORS 596.392
Hist.: DOA 25-2004, f. & cert. ef. 11-8-04; Renumbered from 603-011-0378 by DOA 17-2010, f. & cert. ef. 8-31-10

603-011-0402

Cleaning and Disinfection

The Department may require any premises, facility or equipment used in housing, handling, feeding, or transporting any animals infected with or exposed to scrapie to be cleaned and disinfected under supervision of Department appointed personnel. The owner of the premises, facilities or equipment shall be responsible for the costs of cleaning and disinfection.

Stat. Auth.: ORS 561.190, 596.020, 596.392 & 596.412
Stats. Implemented: ORS 596.392
Hist.: DOA 25-2004, f. & cert. ef. 11-8-04; Renumbered from 603-011-0379 by DOA 17-2010, f. & cert. ef. 8-31-10

Importation and Sale of Turtles

603-011-0420

Turtles

(1) No turtles shall be imported into the State of Oregon with carapace lengths of less than four inches except:

(a) Any governmental agency;

(b) Any privately financed research group;

(c) Zoos and wildlife exhibits.

(2) The Department may take samples of turtles, tankwater or other appropriate samples from turtles sold, distributed or given away and cause laboratory examinations to be made. In the event turtles, so sampled, are found contaminated with Salmonella the Department may order the immediate humane destruction of any or all of the lot of turtles from which the samples were obtained.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.341
Hist.: AD 3-1984, f. & ef. 1-20-84; AD 6-1985, f. & ef. 7-17-85

Brucellosis Control

[ED. NOTE: Administrative Order AD 858 (30-67) repealed AD 626, 714, 773, and portions of AD 771.]

603-011-0500

Definitions

As used in OAR 603-011-0500 to 603-011-0570:

(1) "State Classification" has the meaning set forth in the Uniform Methods and Rules (UM&Rs) determining the standards to be attained by each state for classification.

(2) "Beef Cattle" means all bovine animals which are not dairy cattle.

(3) "Dairy Cattle" means animals showing the predominant characteristics of the Ayrshire, Brown Swiss, Guernsey, Holstein, Jersey, Milking Shorthorn and crosses of such breeds; and all other cattle producing milk for human consumption.

(4) "Dairy Herd" is a herd consisting mainly of dairy cattle.

(5) "Beef Herd" means a herd consisting mainly of beef cattle.

(6) "Brucellosis-Free Herd" has the meaning set forth in the Uniform Methods and Rules (UM&Rs).

(7) "Brucellosis-Infected or Reactor Herd" has the meaning set forth in the Uniform Methods and Rules (UM&Rs).

(8) "Brucellosis Reactor" has the meaning set forth in the Uniform Methods and Rules (UM&Rs).

(9) "Brucellosis Suspect" has the meaning set forth in the Uniform Methods and Rules (UM&Rs).

(10) "Cattle of Unknown Status" means cattle, the brucellosis status of which cannot be readily or positively determined.

(11) "Eligible Cattle" shall include all cattle or bison over six months of age, except steers and spayed heifers, official calfhood vaccinates of the beef breeds or bison under 24 months of age (as evidenced by the presence of the first pair of permanent incisor teeth) which are not parturient (springers) or post-parturient.

(12) "Official Blood Test" means a test for brucellosis:

(a) Completed in the state animal health laboratory; or

(b) Completed in a laboratory approved by the Department .

(13) "Official Veterinarian" means a veterinarian employed by the Department, a veterinarian employed by the U.S. Department of Agriculture or a deputy state veterinarian.

(14) "Uniform Methods and Rules" or "UM&Rs" means the standards and procedures promulgated by the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture (and approved by the U.S. Animal Health Association) as in existence and amended as of the date of this order.

(15) "Current Classification" as used in OAR 603-011-0500 to 603-011-0570 means in existence and valid as of date of action to be taken.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.040 & ORS 596.392
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 932(2-71), f. 3-19-71, ef. 4-15-71; AD 1000(14-73), f. 11-20-73, ef. 12-11-73; AD 1-1981, f. & ef. 1-9-81; AD 3-1984, f. & ef. 1-20-84; AD 4-1991(Temp), f. & cert. ef. 4-17-91

603-011-0505

Maintaining Certification for Brucellosis-Free Area

State classification is maintained by compliance with the standards described in the UM&Rs as a minimum requirement. These standards relate to surveillance, herd infection rate and MCI reactor prevalence rate.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.040 & ORS 596.392
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 1000(14-73), f. 11-20-73, ef. 12-11-73; AD 3-1984, f. & ef. 1-20-84

603-011-0510

Special Provisions Relating to Brucellosis

In the event of an unusual or substantial increase in the occurrence of brucellosis infection the Department may in addition to the provisions of OAR 603-011-0505 to 603-011-0510 require the implementation of additional testing or other procedures.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.040
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 1000(14-73), f. 11-20-73, ef. 12-11-73; AD 3-1984, f. & ef. 1-20-84

603-011-0515

Procedure for Brucellosis Testing

(1) The procedures for brucellosis testing shall be those set forth in the UM&Rs.

(2) No person shall remove an animal from a quarantined dairy or beef herd without first obtaining written approval from the Department.

(3) All unvaccinated female cattle over six months of age, and all vaccinated female cattle over 20 months of age, entering a stationary or mobile custom slaughtering establishment, shall have blood samples drawn by the establishment operator and forwarded to the Department for brucellosis testing.

Stat. Auth.:
Stats. Implemented: ORS 596.040 & ORS 596.394
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 932(2-71), f. 3-19-71, ef. 4-15-71; AD 1000(14-73), f. 11-20-73, ef. 12-11-73; AD 1-1981, f. & ef. 1-9-81; AD 2-1981, f. & ef. 1-12-81

603-011-0525

Brucellosis Vaccination Procedure

(1) As used in this rule "UM&Rs" means the most current version of Brucellosis Eradication: Uniform Methods and Rules produced by the United States Department of Agriculture. Brucellosis vaccination procedures, identification of vaccinated animals, and dosage for official calfhood vaccination and adult vaccination shall be those set forth in the UM&Rs.

(2) Brucellosis vaccination shall be performed by an official veterinarian.

(3) Veterinarians performing brucellosis vaccination must complete a Brucellosis Vaccination Record furnished by the Department, the original of which shall be mailed to the Department within 15 days of the date of vaccination, the second copy of which shall be given to the owner, and the third copy of which shall be retained by the veterinarian.

(4) Official Calfhood Vaccinates are female cattle and bison vaccinated against brucellosis when more than four months of age and less than 12 months of age (120 days to 365 days) with an official dose of approved brucellosis vaccine as set forth in the UM&Rs.

(5) "Official Oregon Mature Vaccinates" shall be vaccinated for brucellosis when aged more than 12 months.

(6) Mature Vaccination Protocol

(a) A blood sample shall be drawn at time of vaccination and sent for brucellosis testing at an official laboratory.

(b) Mature vaccination dosage shall be 1cc (one cubic centimeter) of normally reconstituted RB51 brucellosis vaccine.

(c) An official brucellosis vaccination steel identification tag shall be applied to the right ear of the vaccinated animal.

(d) An official brucellosis tattoo shall be applied to the right ear of the vaccinated animal. The tattoo shall be the letter "M" followed by the official USDA vaccination shield followed by the last digit of the year of vaccination.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561 & 596
Stats. Implemented: ORS 596.040 & 596.460
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 866(2-68), f. & ef. 1-22-68; AD 879(9-68), f. & ef. 5-24-68; AD 1000(14-73), f. 11-20-73, ef. 12-11-73; AD 1-1981, f. & ef. 1-9-81; AD 3-1981, f. & ef. 3-26-81; AD 3-1984, f. & ef. 1-20-84; AD 11-1984, f. & ef. 8-28-84; AD 12-1987, f. & ef. 11-19-87; DOA 7-2000, f. & cert. ef. 3-17-00; DOA 14-2001, f. & cert. ef. 7-9-01; DOA 18-2010, f. & cert. ef. 8-31-10

603-011-0530

Brucellosis Testing Procedure for Goats

(1) Milk goat herds may be tested for brucellosis by an official veterinarian at the request of the owner. Blood tests with the Buffered Brucella Antigen (Card) test will be conducted by the Animal Health laboratory. Licensed goat dairies are required to blood test their herds at intervals when deemed epidemiologically necessary by the Department. Retesting of infected milk goat herds may be at Department expense in the same manner as infected dairy cattle herds.

(2) Brucellosis reactor goats shall be immediately slaughtered on the premises and may be:

(a) Buried on the premises;

(b) Disposed of by licensed rendering plant;

(c) Slaughtered and used for human consumption.

(3) The premises where brucellosis reactor goats are found shall be cleaned and disinfected as provided in these regulations for dairy herds.

(4) Proof that a reactor goat has been slaughtered, disposed of as provided in section (2) of this rule, and the premises cleaned and disinfected, shall be furnished the Department in writing by:

(a) The veterinarian performing the test revealing the reactor; or

(b) By means of a notarized affidavit from the owner.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.040 & ORS 596.392
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 1000(14-73), f. 11-20-73, ef. 12-11-73; AD 3-1984, f. & ef. 1-20-84

603-011-0535

Tuberculosis Testing Procedure

(1) All dairy cattle over two years of age shall be tested for tuberculosis by an official veterinarian once every six years.

(2) Herds tested for tuberculosis in which animals are found showing a classification of reactor or suspect shall be handled in accordance with the applicable section of USDA/APHIS VS publication Bovine Tuberculosis Eradication, Uniform Methods and Rules current as of the date of disclosure of the reactors or suspects to the tuberculosis test.

(3) An area may be designated by the Department by regulation as a test area. All cattle over two years of age in all herds must be tested by an official veterinarian in such a designated area and within the time limits set by the Department.

(4) If a tuberculosis infected bovine animal is found post mortem inspection at slaughter, the source herd will be identified and tested by the assistant state veterinarians or USDA Veterinary medical officers in accordance with the procedures of the applicable sections of USDA/APHIS VS publication Bovine Tuberculosis Eradication, Uniform Methods and Rules current.

(5) Upon reading the test for tuberculosis on any livestock, the veterinarian shall:

(a) Notify the owner of the test results of the herd;

(b) Brand and tag with a reactor eartag any reactors to the test;

(c) Quarantine the herd if the test reveals reactors, or individual animals if suspect.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.040 & ORS 596.392
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 1000(14-73), f. 11-20-73, ef. 12-11-73; AD 3-1984, f. & ef. 1-20-84

603-011-0540

Paratuberculosis (Johne's Disease) Testing Procedure

(1) The Department may test and retest bovine animals for paratuberculosis and take such other action as it deems necessary for the detection, eradication, and control of the disease.

(2) When any bovine animal is found to be infected with paratuberculosis, the Department may require it to be branded and tagged in the same manner as animals reacting to the tuberculosis test.

(3) Any bovine animal found to be infected with paratuberculosis may be required to be slaughtered, and its owner may be indemnified in accordance with the provisions of ORS Chapter 596 and regulations promulgated thereunder, relating to the slaughter and indemnification of animals found to be infected with paratuberculosis at the discretion of the Department.

Stat. Auth.:
Stats. Implemented: ORS 596.392
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 1000(14-73), f. 11-20-73, ef. 12-11-73

603-011-0545

Procedure for Identification of Animals Tested for Brucellosis, Tuberculosis and Paratuberculosis

(1) Animals tested for brucellosis or tuberculosis shall be identified by placing in the right ear an Oregon Identification Tag at the time of testing except that a vaccination tag, registration tattoo, breeder's tag, or previously placed identification tag may be used in lieu of placing a new tag in the ear.

(2) In the case of animals being tested for brucellosis, the number on each identification tag must be entered on the test chart together with the number placed on the tube holding the blood sample from each animal in such a manner that positive identification is assured.

(3) Within 15 days after testing any cattle for brucellosis or tuberculosis the veterinarian conducting or supervising the test, or the Department, shall deliver to the herd owner a copy of the test chart showing the test results.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.040 & ORS 596.460
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 3-1984, f. & ef. 1-20-84

603-011-0550

Procedure for Handling Bovine and Bison Reactor or Suspect Animals

(1) If a reactor animal is confirmed by any official brucellosis test, the reactor animal must be identified, branded, tagged, and slaughtered as provided by law or regulations promulgated thereunder. No owner, of such reactor animal, who is eligible and who desires to receive indemnity shall receive such indemnity unless the reactor is identified, branded, tagged, appraised, and slaughtered. All brucellosis reactors shall be branded with a "B" on the left jaw. The brand must be at least two inches in height, and shall be a hot iron brand. In addition to the brand, the reactor shall be tagged in the left ear with a reactor tag.

(2) Except as provided in this section, a reactor animal to the brucellosis test must be sold by the owner for immediate slaughter to a slaughter establishment, having federal meat inspection, either direct or through a state-federal approved licensed auction market, having federal meat inspection within 15 days from the date of the written notice of such infection to the herd owner, or killed and buried, or sent to a rendering plant.

(3) If the owner of the reactor animals claims indemnity for the slaughter of such animals, as provided by law, the reactor shall be slaughtered at a slaughter establishment having federal meat inspection within 15 days of the date of appraisal.

(4) With the written approval of the Department and USDA, a reactor may be retained by the owner for an additional 15 days provided the animal is slaughtered in not more than 30 days from the date the owner received notice the animal was infected, or the date the reactor animal was appraised, as the case may be. No reactor animal may be retained unless it can be effectively isolated from all non-infected animals and the reason for retention is deemed justifiable by the Department and federal officials.

(5) It shall be unlawful for any person or owner to slaughter or dispose of any reactor animal in any way except to sell such animal direct to slaughter as authorized by law or regulations promulgated thereunder, or unless disposal of such animal has otherwise been approved by the Department. In the event brucellosis reactors are killed on the ranch for the owner's consumption, proof of slaughter must be provided to the Department.

(6) Reactors to the brucellosis test shall not be retested without specific approval of the Department.

(7) Suspects to the brucellosis blood test shall be quarantined and shall be retested between 30 to 60 days after the last test. If retest is negative, the quarantine on such suspect shall be released. If after at least two retests, the titer to brucellosis test continues, the Department may determine disposition of this animal.

(8) Animals identified as suspects, as a result of a blood test at an auction market, will be handled in accordance with Uniform Methods and Rules, current.

(9) At the discretion of the Department, it may pay indemnity on vaccinated animals showing a suspicious reaction to the official blood test for brucellosis, provided such animals are from a brucellosis-infected herd and their removal will facilitate eradication of disease from the herd.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.040 & ORS 596.620
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 1000(14-73), f. 11-20-73, ef. 12-11-73; AD 1-1981, f. & ef. 1-9-81; AD 3-1984, f. & ef. 1-20-84; AD 4-1991(Temp), f. & cert. ef. 4-17-91

603-011-0551

Procedure for Brucellosis Testing of Swine

Brucellosis testing and retesting of swine, validation of herds or areas and the proper handling of swine brucellosis reactors shall be conducted as provided in USDA, APHIS 91-1, "Recommended Uniform Methods and Rules, Brucellosis Eradication."

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 596
Stats. Implemented: ORS 596.040 & ORS 596.392
Hist.: AD 1000(14-73), f. 11-20-73, ef. 12-11-73

603-011-0555

Procedure for Disinfecting Premises Following Removal of Reactor Animals

(1) In barns or other buildings in which infected animals have been allowed access or housed, the owner shall:

(a) Sweep down the walls;

(b) Remove all litter and debris;

(c) Scrub and clean the mangers, feed racks, floors, and walls. Spray the entire inside of the building or barn with a disinfectant approved by the Department. Dilution directions relating to the disinfectant shall be carefully observed and followed.

(2) In such other buildings, barns, or places on the premises, the owner, after thoroughly and completely draining all water troughs shall clean, scrub, and disinfect the same. Thereafter the troughs shall be well rinsed and shall not be used for livestock purposes for several hours.

Stat. Auth.: ORS 561.190 & ORS 596
Stats. Implemented: ORS 596.392
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 1000(14-73), f. 11-20-73, ef. 12-11-73

603-011-0560

Quarantined Herds: Brucellosis

(1) Any herd in which reactors are discovered shall be quarantined at the time the results of the test are known. Unless otherwise specified, a dairy herd shall be quarantined to the premises on which the herd was located at the time of the test, and a beef herd shall be quarantined to the area in which the herd was located at the time of the test. The quarantine shall be issued by an official veterinarian, or other person authorized by the Department, at the time the test results are delivered to the owner or owners of the reactor cattle, or their representative. The Department in its discretion may issue and serve such quarantine by registered or certified mail, attached to the test chart.

(2) The reactor animals shall be branded and tagged by the official veterinarian or other persons authorized by the Department.

(3) No animal from a herd quarantined for brucellosis may be removed from such quarantined herd without the prior written approval of the Department.

(4) In determining if written approval of a request for removal of an animal from a quarantined herd should be given, the Department shall consider:

(a) Whether the animal is to be sold directly to a slaughtering establishment, in which case the slaughtering establishment shall slaughter such animal within eight days from the date of purchase; or

(b) Whether the animal is to be sold at a livestock auction market only for the purpose of immediate slaughter, in which case the requester must agree that the status of the animal will be made known to all persons before sale, and that it will be consigned to the slaughtering establishment on a Form 1-27 in accordance with the applicable section of the UM&Rs, current.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.040 & ORS 596.392
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 1000(14-73), f. 11-20-73, ef. 12-11-73; AD 1-1981, f. & ef. 1-9-81; AD 3-1984, f. & ef. 1-20-84

603-011-0565

Procedure for Handling and Processing Claims for Indemnity to Be Paid on Reactor Animals

Claims for indemnity for brucellosis or tuberculosis must be completed by the official veterinarian or the person designated by the Department doing the appraising. The claim must be signed by the claimant or his authorized representative and must be forwarded to the Department at the earliest possible date.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.625
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 1000(14-73), f. 11-20-73, ef. 12-11-73; AD 3-1984, f. & ef. 1-20-84

603-011-0570

Miscellaneous Provisions

(1) Restraining of bovine animals:

(a) A person owning or having custody of a bovine animal required to be tested, vaccinated, branded, marked, or appraised by the Department, shall confine and restrain such animal for such testing, vaccinating, branding, marking, or appraising upon reasonable notice from the Department;

(b) It shall be the owner's responsibility to restrain each animal by placing it in a stanchion, holding chute, or by otherwise immobilizing it to permit safe access to the animal by the veteri-narian or authorized representatives of the Department for performance of such duties as may be required by the Department of its representative.

(2) Utilization of blood samples. The Department may utilize any blood samples sent to the state animal health laboratory by an official veterinarian, or other authorized personnel in slaughter houses, for survey purposes, and/or diagnosis of and eradication of any livestock diseases.

(3) In connection with notices, orders or similar documents relating to livestock disease procedures, problems or requirements, which the Department under ORS Chapter 596 is required to mail or give to persons owning or allegedly owning livestock at the farm, ranch or place where the livestock will be, were, or are located, shall constitute a valid or legal notice or order as required under law or regulation. The Department in addition thereto, or in lieu of the above procedures relating to handling of notices or orders, may mail or give such notice, order or document to the person on a ranch, farm or other place, who is in control or possession of livestock. Such notice or order shall constitute a valid and legal notice to the owner or alleged owner of the livestock.

(4) The State Brucellosis Classification, assigned to the State of Oregon by the U.S. Department of Agriculture, is dependent upon the effective control and eradication of brucellosis in the state's cattle, swine and goats. In OAR 603-011-0500 to 603-011-0570, the Department has adopted the Uniform Methods and Rules as the minimum standards for maintaining the effective control and eradication of brucellosis in this state, and the Department from time to time will adopt any subsequent changes made to the federal rules. However, should any of the provisions of OAR 603-011-0500 to 603-011-0570 be more restrictive or exacting than the Uniform Methods and Rules, such provisions shall take precedence over the federal rules.

Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS 596.040 & ORS 596.392
Hist.: AD 858(30-67), f. 12-8-67, ef. 12-15-67; AD 1000(14-73), f. 11-20-73, ef. 12-11-73; AD 16-1982, f. & ef. 11-1-82

Eradication and Control of Equine Infectious Anemia

603-011-0601

Definitions

(1) "Official test" means a test officially recognized by the department and performed by a state/federal approved laboratory to determine qualitatively the presence or absence of equine infectious anemia.

(2) "Quarantine" means the summary confinement of animals, as authorized by ORS 596.392(4), to premises or areas designated or prescribed by the Department until released therefrom by order of the Department.

Stat. Auth.: ORS 561.190 & ORS 596.341
Stats. Implemented: ORS 596.020
Hist.: AD 6-1985, f. & ef. 7-17-85; AD 10-1994, f. & cert. ef. 8-12-94; AD 10-1994, f. & cert. ef. 8-12-94

603-011-0606

Procedure for Official Test and Quarantine

When, as a result of official tests, it is determined that any equidae is infected with equine infectious anemia, or that any equidae is a carrier of such disease, the following procedures shall immediately be carried out:

(1) The equidae determined to be infected, or suspected to be infected, shall be:

(a) Completely segregated from all other equidae in a secure stall or enclosure at a sufficient distance so as to prevent infection of other equidae by biting insects and shall be deemed to be quarantined and subject to the provisions of ORS 596.331; or in the alternative;

(b) Put to death by humane methods and the carcass disposed of as the Department directs, or

(c) Delivered for slaughter, within 8 days, to an approved slaughtering establishment.

(2) At the time and in the event the provisions of section (1) of this rule are utilized such equidae shall be branded on either the left side of the neck or the left shoulder with the number "92" followed by the letter "A" in figures not less than two inches in height.

(3) All other equidae exposed to any equidae which has been determined to be infected or suspected to be infected, shall be subjected to an official test.

(4) If at the time a quarantine under this section is affected the equidae is located on premises other than those of the owner, the Department may authorize removal of such equidae to the owner's premises for further quarantine in accordance with the provisions of subsection (1)(a) of this rule.

(5) Any offspring produced by a mare after determination that she is positive to an official test for EIA will be considered as positive and subject to the provisions of sections (1) and (2) of this rule.

(6) No genetic material originating from an equidae of either sex determined by official test to be positive may be used for reproductive purposes.

Stat. Auth.: ORS 561.190 & ORS 596.341
Stats. Implemented: ORS 596.020 & ORS 596.392
Hist.: AD 6-1985, f. & ef. 7-17-85; AD 10-1994, f. & cert. ef. 8-12-94

Bovine Trichomoniasis Test Positive Response Program

603-011-0610

Definitions

(1) "Bovine trichomoniasis" is a sexually transmitted disease of cattle caused by the parasitic protozoan organism Tritrichomonas fetus.

(2) "The Department" is the Oregon Department of Agriculture (ODA).

(3) "Virgin bull" is a sexually intact male bovine less than 12 months of age that is certified by the owner/manager as having had no potential breeding contact with females.

(4) "Exposed herds" are cattle herds which have had, within twelve months, direct commingling or cross fence contact with test-positive herd during a time of potential breeding activity.

(5) "Permanent Identification" is a steel alphanumeric ear tag provided as official identification to accredited veterinarians, breed registry tattoos, or other means of identification established by the Department after review by the Trichomoniasis Advisory Panel.

(6) "Herd" is a group of cattle managed as a separate unit and not mixed with other cattle under the same ownership.

(7) "Test positive herd" is a defined herd of cattle in which a diagnosis of trichomoniasis has been made by a certified, licensed veterinarian.

(8) “Trich-year” is the period from September 1st to August 31st of any given year.

(9) “qPCR Assay” is a TAQMAN Probe Assay defined by Lyle McMillen in Veterinary Parasitology Volume 141, 2006 including an endogenous amplification control.

Stat. Auth.: ORS 591 & 596
Stats. Implemented: ORS 596.392
Hist.: DOA 9-2000, f. & cert. ef. 4-4-00; DOA 11-2005, f. & cert. ef. 2-17-05; DOA 19-2007, f. & cert. ef. 11-28-07; DOA 15-2008, f. 6-12-08, cert. ef. 9-1-08; DOA 13-2009(Temp), f. 8-28-09 cert. ef. 9-1-09 thru 2-28-10; DOA 9-2010, f. & cert. ef. 2-26-10

603-011-0615

Importation Requirements

In addition to an import permit and other disease control requirements, the following requirements must be met regarding bovine trichomoniasis.

(1) Each bull 12 months of age and over shall have all of the following:

(a) Individual negative trichomoniasis test results within 60 days proceeding entry into Oregon performed by a certified veterinarian and

(b) A Certificate of Veterinary Inspection that states:

(A) The bulls represented on this Certificate of Veterinary Inspection have been tested for and found to be negative for trichomoniasis pursuant to subsection (1)(a) above and have been confined and have not had sexual contact with females since their last negative test; and

(B) Trichomoniasis has not been diagnosed in the herd of origin within the past 24 months.

(2) Any bull originating from a herd in which trichomoniasis has been diagnosed within the past 24 months shall have all of the following:

(a) Three (3) consecutive negative trichomoniasis culture tests conducted at least seven (7) days apart, but not more than 28 days apart, or one (1) negative qPCR Assay with the last test conducted within 60 days proceeding entry; and

(b) A Certificate of Veterinary Inspection that states that the requirements, set forth in subsection (2)(a) above, have been met.

(3) All breeding bulls, 12 months of age and over, entering Oregon as part of a herd that has an authorized Out-of-State Grazing permit pursuant to section 603-011-0264, do not require a Certificate of Veterinary Inspection but are required to have one negative trichomoniasis test within the 12 months proceeding entry. However, all bulls from a herd in which trichomoniasis has been diagnosed within the past 24 months must comply with (2)(a) above to qualify the herd for an Out-of-State Grazing permit. All Out-of-State Grazing permits shall include an attached copy of the test record, that includes the permanent identification number of the bull(s) tested and the name and telephone number of the testing certified veterinarian.

(4) Bulls may be exempt from the trichomoniasis test requirements for entry into Oregon under any one or all of the following conditions:

(a) Used solely for exhibition purposes and remain under confinement at the location of the exhibition without having access to or allowed to commingle with sexually mature female cattle; or

(b) Used solely for artificial insemination using semen extension and preservation protocols that meet Certified Semen Services standards; or

(c) Consigned directly to slaughter without unloading before the arrival at the slaughter plant.

Stat. Auth.: ORS 596
Stats. Implemented:
Hist.: DOA 15-2008, f. 6-12-08, cert. ef. 9-1-08; DOA 13-2009(Temp), f. 8-28-09 cert. ef. 9-1-09 thru 2-28-10; DOA 9-2010, f. & cert. ef. 2-26-10

603-011-0620

Procedures

(1) The Department shall establish a Bovine Trichomoniasis Advisory Panel, whose membership shall be:

(a) Five voting members who are representatives of the cattle industry, recommended by the Animal Health Committee of the Oregon Cattlemen's Association; and

(b) Four non-voting advisory members who are; the OSU Extension Veterinarian, two practicing veterinarians appointed by the Advisory Panel, and one representative of the office of the ODA State Veterinarian.

(2) Duties of the Advisory Board shall be to:

(a) Advise the Department on management of issues related to the program; and

(b) Advise the Department on preferred policies and processes for resolution of disputes related to the program.

(3) Certified veterinarians, as described in 603-011-0630, must report a positive test result of Tritrichomonas fetus to the Department on a form supplied by the Department within 48 hours of determining the result.

(4) In response to a positive bovine trichomoniasis test the Department shall:

(a) Conduct an investigation to identify herds that were potentially exposed to the infected herd.

(b) Require that any further bovine trichomoniasis testing be performed by a certified person, and accept the results of a retest by a certified person, if the original test was performed by a non-certified person; and

(c) Require permanent identification and testing of all bulls, excepting virgin bulls, in the test-positive herd and exposed herds.

(5) All bulls in herds required to be tested must be withdrawn from breeding contact and tested between 10 and 90 days after withdrawal.

(6) All bulls in test-positive herds must each have three consecutive negative culture test results with each test event separated by at least seven days and no more than 28 days, or one (1) negative qPCR Assay result completed at least seven (7) days after initial diagnosis is made. Bulls that have a positive test result shall be considered infected and be handled as described in 603-011-0620(8).

(a) Test-positive herds with valid Out-of–State Permit will have all bulls restricted in place until negative test results are complete as described in (6) above. Bulls that have a positive test result shall be considered infected and be handled as described in 603-011-0620(8); or

(b) Return all herdmate bulls from Out-of-State Permit affected herds to their state of origin to complete negative trichomoniasis testing as described in (6) above. The Department shall release the herdmate bulls from restriction when the State Veterinarian from the state of origin notifies the Department that the required testing is complete. Test-positive bulls shall not return.

(c) Out-of-State Permit herds exposed to trichomoniasis will have all bulls restricted in place until one negative trichomoniasis test is complete. Any cattle determined to be infected will be restricted and the herd status will be changed to a test-positive herd and subject to the requirements of subsection (6)(a) or (b); or

(d) Return all herdmate bulls to their state of origin to complete one negative trichomoniasis test. The Department shall release the herdmate bulls from restriction when the State Veterinarian from the state of origin notifies the Department that the required testing is complete. Any bull that has a positive test result shall cause the herd to be classified as test-positive and treated as in (6)(a) or (b).

(7) All bulls from a test-positive herd must be re-tested every trich-year until every remaining bull tests negative during the same test period.

(a) All bulls from a test-positive herd must be re-tested before February 1 of the following year.

(b) All bulls removed or culled from a test-positive herd are to be tested before removal or culling.

(8) Test-positive bulls shall be held under quarantine separate and apart from other cattle or shall comply with one of the following:

(a) Culture test-positive bulls may be retested and, if found negative on qPCR Assay completed at least seven (7) days after initial diagnosis is made may be considered test-negative and released from quarantine; or

(b) Test-positive bulls moving into feeding channels shall be castrated before moving from the ranch; or

(c) Test-positive bulls moving out of the infected herd into commercial slaughter-marketing channels, including collection points, shall be identified before moving with an "S" brand applied to both sides of the tailhead and shall move only to slaughter under authority of a VS Form 1-27 Permit for Movement of Restricted Animals; or

(d) Test-positive bulls moving out of the infected herd directly to slaughter shall do so with:

(A) A VS Form 1-27 Permit for Movement of Restricted Animals; and

(B) Prior notification of the State Veterinarian; and

(C) Record of their permanent identification on the VS Form 1-27 under which authority they move.

(9) Failure to comply with the above provisions for response to a positive bovine trichomoniasis test shall result in quarantine of all cattle in the non-compliant herd under provisions of ORS 596.392(4).

(10) The Department may waive the mandatory testing and quarantine provisions of this rule if:

(a) The owner or manager demonstrates that a herd program for control of bovine trichomoniasis which the Department determines, after consultation with the Advisory Panel, to be adequate under the circumstances, is in place and operational at time of diagnosis; or

(b) The owners or managers of the test positive herd and of all exposed herds agree to not test, or agree to pursue a control program of their own design, and the Department determines that such action is adequate under the circumstances.

Stat. Auth.: ORS 591 & 596
Stats. Implemented: ORS 596.392
Hist.: DOA 9-2000, f. & cert. ef. 4-4-00; DOA 11-2005, f. & cert. ef. 2-17-05; DOA 19-2007, f. & cert. ef. 11-28-07; DOA 15-2008, f. 6-12-08, cert. ef. 9-1-08; DOA 13-2009(Temp), f. 8-28-09 cert. ef. 9-1-09 thru 2-28-10; DOA 9-2010, f. & cert. ef. 2-26-10

603-011-0630

Certification for Testing and Diagnosis

(1) All persons engaged in testing and diagnosis for bovine trichomoniasis shall be certified by the Department after having completed an appropriate training program.

(2) Applicants for certification must meet the following criteria:

(a) All applicants for certification in specimen collection must hold a valid license to practice veterinary medicine in Oregon; and

(b) All applicants for certification in handling, culture, and diagnostic techniques must pass a qualification test which includes laboratory techniques related to trichomoniasis diagnostics and identification of certifications shall be subject to periodic review and check testing at intervals of no more than five years. The Department shall determine time periods between check tests and recertification depending on availability of new diagnostic techniques.

Stat. Auth.: ORS 561 & 596
Stats. Implemented: ORS 596.392
Hist.: DOA 9-2000, f. & cert. ef. 4-4-00; DOA 11-2005, f. & cert. ef. 2-17-05

Exotic Animals

603-011-0700

Definitions

As used in ORS 609.335(3) and in OAR 603-011-0705 to 603-011-0725, unless the context requires otherwise:

(1) "Exotic animal" has the meaning given by ORS 609.305.

(2) "Facility" means the cage(s), compound(s), room(s), building(s), or other premises specified in a Permit in which the exotic animal(s) is/are to be confined or maintained.

(3) "Keep" does not include the temporary holding of an exotic animal at an animal shelter operated by a city or county, or the immediate transportation of an abandoned, neglected or abused exotic animal to such a Facility.

(4) "Permit" means a document issued by the Department which authorizes (subject to other laws) the Permittee to keep one or more specified exotic animals in captivity at a Facility for a stated period of time.

(5) "Permittee" means the person authorized by a Permit to keep an identified species of exotic animal.

(6) "Species" means the class of an exotic feline, non-human primate, exotic canine,or any exotic bear or any crocodilian.

(7) “Hybrid” means any animal that is produced by crossing at least one exotic animal with any other species of subspecies.

(8) “Domestic animal” means domestic cat (Felis catus), domestic dog (Canis familiaris) and does not include livestock as defined in ORS 607.125

Stat. Auth.: ORS 561 & 609
Stats. Implemented: ORS 609.305 & 609.335
Hist.: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98; DOA 30-2000, f. & cert. ef. 11-6-00; DOA 8-2010, f. & cert. ef. 2-10-10

603-011-0701

Hybrid Crossed Animals

For the purposes of OAR603-011-0705 – 603-011-0725, any hybrid animal that is produced by crossing a domestic animal and an exotic animal shall be regulated according to the laws governing domestic animals and not subject to exotic animal permit by the Department.

Stat. Auth.: ORS 561 & 609
Stats. Implemented: ORS 609.305 & 609.335
Hist.: DOA 8-2010, f. & cert. ef. 2-10-10

603-011-0705

Permit Application, Issuance, and Renewal

(1) A person intending to keep an exotic animal in captivity shall before acquiring the animal, apply to the Department for the issuance of a Permit by submitting an application therefore to the Animal Health Division of the Department at its address of Agriculture Building, 635 Capitol Street N.E., Salem, OR 97301, accompanied by a permit fee. Holders of a valid license or registration from the U.S. Department of Agriculture under the federal Animal Welfare Act of 1970, or holders of a valid permit from the Oregon Department of Fish and Wildlife to operate a wildlife rehabilitation facility are not subject to OAR 603-011-0700 through 603-011-0725, including the requirement to obtain a Permit from the Department. Permit fees shall be:

(a) $100 for Class 1 and 2 felines, Class 1 and 2 primates, bears and Class 1 canines

(b) $75 for crocodilians

(c) $50 for all other exotic animal classes

(2) Before the stated date of expiration of a Permit, the holder of the Permit may apply to the Department for a renewal thereof for an additional term of up to two years from the stated expiration date, and thereafter for additional two-year renewals of the permit. Notwithstanding the term of the Permit, the Department may modify in writing the conditions and/or limitations of the Permit at any time. Renewal fees shall be:

(a) $100 for Class 1 felines, Class 1 primates and bears.

(b) $50 for crocodilians.

(c) $25 for all other exotic animal classes

(3) An application for a Permit shall be on a form prescribed by the Department, shall be signed by the Permittee, and shall include:

(a) The name, address and telephone number of the Permittee, and the owner of the animal(s) if different than the Permittee;

(b) The specific location and nature of the proposed Facility. If the real property containing the proposed Facility is leased, the application shall also include the name and written consent of the owner to the keeping of the exotic animals on the property. For Class 1 and 2 exotic felines, Class 1 and 2 non-human primates, bears, and Class 1 exotic canines the application shall include a sketch map of the premises owned or leased by the Permittee with dimensions of the real property and description of all adjacent properties;

(c) The species of exotic animals for which the Permit is sought;

(d) A certification by the Permittee that all federal, state, county and city permitting requirements have been met, including copies of each relevant permit;

(e) The name, address and telephone number of the veterinarian intended to provide medical care for the exotic animal(s);

(f) The documented experience, training and education of the Permittee relating to the care and keeping of the particular species of exotic animal(s) for which application is being made;

(g) A written plan for nutrition, health maintenance, and general welfare of the animal which has been prepared by or approved by an authoritative reference person. Such approval or plan shall include the name, title, position, qualification, address and telephone number of the reference person. The plan will be reviewed by the Department prior to approval; and

(h) The date upon which the proposed Facility will be available for inspection by the Department, which shall be not less than 7 days prior to the time the exotic animal(s) is/are kept at the proposed Facility.

(4) The Department shall review the permit application and in determining whether to issue or renew the Permit shall consider factors relating to public safety and health, welfare and safety of the animal. Such factors include but are not limited to:

(a) Proximity of the Facility to public routes of travel, residential neighborhoods, schools, and other public gathering places;

(b) Potential for unintended or accidental public access to the Facility;

(c) Potential for vandalism that compromises the security of the Facility; and

(d) Potential for willful harassment or disturbance of the animal(s).

(e) Whether, based on the Permittee's certification and any other evidence received by the Department in connection with the proposed Facility, all federal, state, county and city laws applicable to the Facility have been met.

(5) The Department shall conduct an interview with the Permittee to determine if the Permittee is likely to be able to keep the exotic animal(s) so as to assure the health, welfare and safety of the animal(s) and the security of the proposed Facility so as to avoid undue risk to the public. In determining whether to issue or renew the Permit, the Department shall also consider whether:

(a) The Permittee has adequate knowledge, experience and training to maintain the health, welfare and safety of the animal(s), and to handle the animal(s) with safety and competence. This will include review of the written plan for nutrition and health maintenance and consideration for the needs of infant animal(s). Approval of permits for Class 1 & 2 exotic felines, Class 1 non-human primates, and bears shall require a minimum of 500 hours of hands-on experience including nutrition, feed preparation, safe handling, transportation, and general welfare and maintenance of the animal type involved or of other species of exotic felines, non-human primates, or bears. Fewer hours of hands-on-experience are required for permitting other classes or species. At least one-half of such experience must be with animals of the classification for which the permit is sought. Such experience may be documented by a log book, employment records, or other means by which experience may be authenticated; and

(b) The Facility is adequately designed, constructed, and is likely to be managed to protect the public from escape of the confined animal(s) including when the Permittee is not on the premises.

(6) Before issuing a Permit the Department may perform an inspection of the Facility to determine its design, construction and proposed operation is consistent with the applicable provisions of OAR 603-011-0700 to 603-011-0725 and ORS 609.309.

(7) Following its review of the application and any other relevant information, the Department shall either issue the Permit or deny the application and notify the applicant. If the Department issues the Permit, it may include any conditions intended to ensure the health, welfare and safety of the animal(s) covered by the Permit and, where the Department finds it necessary, conditions intended to assure the security of the Facility so as to avoid undue risk to the public. Such conditions may include limitations on the number of animals that can be kept at the Facility.

Stat. Auth.: ORS 561 & 609
Stats. Implemented: ORS 609.205 - 609.335
Hist.: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98; DOA 30-2000, f. & cert. ef. 11-6-00; DOA 30-2000, f. & cert. ef. 11-6-00; DOA 8-2010, f. & cert. ef. 2-10-10

603-011-0706

Crocodilians -- Special Requirements

(1) Animal Classification:

(a) Exotic crocodilians include all individuals of the order Crocodylia including but not limited to American Alligators and Crocodile Hybrids.

(2) Inside enclosure: The indoor enclosure should be constructed in such a way as to prevent escape of the animal. Latching clips and/or locks are required on doors and windows that open. The lid to the enclosure shall be well ventilated and may be covered with wire mesh, appropriate to the size of the animal, to prevent its escape. The enclosure area shall consist of a dry area and a water area. Both areas must be easily accessible by the animal. The area of the enclosure must be large enough such that the animal can turn around without its body touching any side and can perch its entire body on dry surface. The depth of the water shall be enough to fully submerge the animal. The temperature on the dry surface in the enclosure must be maintained between 75 -90 degrees F. Ambient air temperature shall be kept between 75 to 90 degrees F. The water temperature must be maintained between 75 - 85 degrees F at all times.

(3) Outside enclosure: Crocodilians may be kept outside if weather conditions and ambient temperatures meet minimum temperatures as described for indoor enclosures, otherwise may only be outside during exercise regiment. When transporting the animal to and from outside it is required that the animal be carried in a secure portable container that encloses the animal completely. Fencing for outside enclosures must be of sufficient strength and height to prevent escape of the animal. Bottom of the fence must also be secure enough to prevent escape of the animal. Fencing must also prevent unauthorized persons and animals from entering the enclosure.

(4) Feeding: Owners must demonstrate knowledge of crocodilian nutrition. Exotic crocodilians must be fed a balanced diet sufficient to their needs but such food items may not include live animals.

(5) No exotic crocodilian may be restrained by a harness or muzzle as primary means of confinement.

(6) Security: In order to provide for the safety of the public, exotic crocodilians shall be handled in accordance with the following:

(a) All outside enclosures for exotic crocodilians shall be kept separate from the public in a way that prevents contact with animals or persons outside the enclosure.

(b) Exotic crocodilians shall be confined within their enclosures (inside and/or outside) and only allowed outside them for medical treatment or for removal to another approved facility. When being transported, the animal must be secured in a portable container within the vehicle.

(7) Sanitation: Excreta, uneaten food and any type of algae or debris shall be removed from enclosures (including the water pond) as often as necessary to prevent contamination of the food or water, reduce disease hazards and reduce odors.

Stat. Auth.: ORS 561 & 609
Stats. Implemented: ORS 609.305 & 609.335
Hist.: DOA 8-2010, f. & cert. ef. 2-10-10

603-011-0710

Felines -- Special Requirements

(1) Animal Classification:

(a) Class 1 exotic felines shall include all individuals of the genus Panthera, including lions, tigers, leopards, snow leopards, jaguars; ligers or any other hybrids of genus Panthera; and individuals of any other non-indigenous feline species not listed in Class 1 or Class 2 that weigh 100 pounds or more when fully mature;

(b) Class 2 exotic felines shall include cheetahs, clouded leopards, and individuals of any other non-indigenous felines not listed in Class 3 that weigh more than 50 pounds but less than 100 pounds when fully mature; and

(c) Class 3 exotic felines shall include wild cat, jungle cat, desert cat, sand cat, black-footed cat, Pallas's cat, caracal, serval, marbled cat, golden cat, leopard cat, rusty-spotted cat, fishing cat, flat-headed cat, iriomote cat, pampas cat, ocelot, margay, Geoffroy's cat, kodkod, mountain cat, jaguarundi, caucasus cat, and other such species of small exotic cats that weigh 50 pounds or less when fully mature.

(2) Any Facility for Class 1 and Class 2 exotic felines shall comply with one or more of the following:

(a) Outdoor Facilities -- Cages: If exotic felines are maintained in cages, the cage shall include adequate-size loafing shelves, den boxes, and shelter(s) from adverse weather conditions, and shall provide sufficient space for the animals to make normal postural and social adjustments with freedom of movement. Provisions for shade shall be made so that shade is available somewhere in the cage during all daylight hours, preferably over the den box, loafing shelves, or shelter. The floor of the cage shall not be constructed of wood or uncovered wire materials. Floors of chain link or woven wire must be covered a minimum depth of four inches with dirt, pea gravel, and/or sand. Excepting concrete slab floors, a strip of 14 gauge or heavier chain link fencing extending to the interior of the cage at least two feet and to the exterior of the cage at least one foot shall be laid around the perimeter, shall be buried to a minimum depth of four inches, and shall be securely attached to the bottom retaining rail. Concrete slab floors must incorporate the chain link fencing into the concrete slab or otherwise be firmly anchored. Aluminum wire is not acceptable for use in anchoring the chain link fencing. The cage shall include a suitable drainage system for the rapid elimination of excess water. The top of the cage shall be securely covered. There shall be a double-gate safety entrance installed in each cage which will not reduce the required minimum size of the cage. A ground-level retaining rail, or equivalent barrier, shall be provided around each cage. The cage shall be securely locked except during cleaning. The structure shall be designed and constructed so as to prevent escape by the animal(s) or entrance by the public, and shall be located consistent with any applicable local setback requirements but in any case no closer than six feet from the nearest public access or the nearest property line unless an impervious wall on the property line is used as a wall of the primary enclosure.

(A) The cage for Class 1 exotic felines shall be constructed of at least 9-gauge chain link fencing or equivalent. The cage of an individual animal shall be minimally six feet in height, 400 square feet area (800 square feet area for a pair of animals), and be securely covered.

(B) The cage for Class 2 animals shall be constructed of at least 14-gauge chain link fencing or equivalent, having not more than 2 x 4-inch openings. The cage for an individual animal shall be minimally six feet in height, 200 square feet area (400 square feet for a pair of animals), and be securely covered.

(b) Outdoor Facilities -- Range Areas: If exotic felines are maintained in large areas simulating natural surroundings of a park-like nature, the areas need not be roofed, but shall have perimeter fencing constructed of chain link fencing of a gauge required for the class of exotic felines to be maintained in the area, and of a height required for this class of exotic felines, which fencing shall be topped with an internal overhang of three feet in width so as to prevent the escape by the animal(s). The exterior fencing of the Facility shall be embedded to a depth of at least six inches in either concrete or other material that cannot be destroyed or removed by the exotic felines. The Facility shall include shelters from adverse weather conditions which shall include sufficient space for the animals to make normal postural and social adjustments with freedom of movement. Provisions for shade shall be made so that shade is available somewhere in the Facility during all daylight hours.

(c) Indoor Facilities: If exotic felines are maintained in a structure with a solid roof and walls, the Facility shall be designed and constructed so as to prevent the escape of the animal(s). The window openings of the Facility, other than openings directly to adjacent cages, shall be covered with wire mesh or gratings made of the same materials as the cage for the class of exotic felines to be maintained. The Facility shall be adequately ventilated, through the installation and use of windows, vents, doors or air conditioning, so as to minimize drafts, odors and moisture condensation. The Facility shall be sufficiently lighted, either through natural or artificial means, so as to permit thorough inspection and cleaning of the Facility and so as to protect the animal(s) from excessive illumination. The Facility shall be structurally sound and maintained in good repair so as to protect the animal(s) from injury, to keep the animal(s) dry and clean, to contain the animal(s), and to restrict entry of other animals. The Facility shall also be supplied with adequate electrical power, potable water, and equipment for the removal and disposal of animal excreta and debris.

(3) The primary enclosure for Class 3 exotic felines shall be no less than 10 times the area occupied by the animal when standing on four feet.

(4) No exotic feline may be restrained by a tether as primary means of confinement.

(5) Security: In order to provide for the safety of the public, exotic felines shall be handled in accordance with the following:

(a) Cages and outdoor Facilities for Class 1 and 2 exotic felines shall be surrounded by a fence or wall that is of sufficient strength and construction so as to prevent entrance by the public. The fence shall be at least six feet in height and six feet distant from the cage. Impervious walls on the outside perimeter of the property used as wall(s) of the primary enclosure do not require the additional perimeter fence. The area enclosed by the fence or wall required by this section is not part of the Facility for purposes of the confinement area requirement; and

(b) All classes of exotic felines shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. When being transported the animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with, the operator of the vehicle.

(6) Sanitation: Excreta and debris shall be removed from indoor and outdoor Facilities as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.

(7) The Department may modify or waive the confinement requirements established in sections (2), (3), and (5) of this rule subject to the following:

(a) The animal is determined by the Department to be less than 180 days of age;

(b) The Departments's approval to modify or waive the requirements must be in writing and must include an expiration date; and

(c) The Department may impose reasonable conditions on such approval.

Stat. Auth.: ORS 561 & ORS 609
Stats. Implemented: ORS 609.205 - ORS 609.335
Hist.: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98

603-011-0715

Bears -- Special Requirements

Any Facility for bears shall comply with the following:

(1) Outdoor Facilities -- Cages: An area of at least 400 square feet shall be provided for each animal, so as to provide sufficient space for the animal(s) to make postural and social adjustments with freedom of movement. The floor shall be four-inch reinforced concrete, sloped for free drainage, and provided with a drainage grating of adequate strength to prevent removal by a bear. The floor shall be surrounded by a curb of six-inch reinforced concrete, not less than 12 inches in height. Each pen or cage shall be at least six feet in height and be roofed to prevent escape of the bears, and areas of shade shall be provided for the animal(s).

(2) Cage construction: Securely attached to cage, there shall be at least one feed trough, not less than 12 inches in depth with a capacity of not less than three cubic feet; at least one water trough, not less than 18 inches in depth with a capacity of not less than three cubic feet; and at least one den box for each animal, emplaced not less than six inches above floor level of the cage, which provides 15 square feet of floor area and at least 30 inches of inside height, with a floor sloped to provide free drainage. If of frame and mesh construction, the cage shall consist of a support framework, top and sides of steel pipes or beams equivalent in strength to 1-1/2 inch steel pipe, securely welded, bolted or threaded together, with framework members at intervals of no more than five feet. The wire mesh covering shall be five-gauge chain link fencing or equivalent, securely bolted together and to the framework. If a bar-type construction, the cage shall consist of steel pipes or bars equivalent in strength to 3/4-inch steel pipe, spaced at intervals not to exceed six inches, supported at intervals not to exceed 36 inches with 3/8 x 2-inch steel bars drilled to receive the vertical boards at the support intervals, with all joints or points of meeting securely bolted or welded at the top and sides. The skirt of the cage shall be embedded in a concrete curb to a depth of not less than six inches.

(3) Security: In order to provide for the safety of the public, bears shall be handled in accordance with the following:

(a) A gate to the main cage shall be installed and constructed so as to provide strength equivalent to the rest of the cage, and the hinges and fasteners shall be adequate to provide strength equivalent to the rest of the cage;

(b) The animal(s) shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. The animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with the operator of, the vehicle; and

(c) The cage shall be securely padlocked except during cleaning. An additional fence of sturdy construction, not less than six feet in height and not less than six feet removed from the cage shall be erected and maintained. Impervious walls on the outside perimeter of the property used as wall(s) of the primary enclosure do not require the additional fence. No person except the keeper of the bears shall be allowed to approach the cage beyond this fence.

(4) Sanitation: Excreta and debris shall be removed from the facilities as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.

(5) The Department may modify or waive the confinement requirements established in sections (1), (2), and (3) of this rule subject to the following:

(a) The animal is determined by the Department to be less than 180 days of age;

(b) The Department's approval to modify or waive the requirements must be in writing and must include an expiration date; and

(c) The Department may impose reasonable conditions on such approval.

Stat. Auth.: ORS 561 & ORS 609
Stats. Implemented: ORS 609.305 - ORS 609.335
Hist.: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98; DOA 30-2000, f. & cert. ef. 11-6-00

603-011-0720

Non-Human Primates -- Special Requirements

(1) Animal Classification:

(a) Class 1 non-human primates shall be all great apes and larger primates of infraorder Catarrhini, including but not limited to gorillas, chimpanzees, orangutans, baboons, and gibbons;

(b) Class 2 non-human primates shall be all old-world monkeys of infraorder Catarrhini, including but not limited to macaques of all subclassifications (pig-tailed, rhesus, Japanese, cynomolgus, crab-eating, long-tailed, java, Barbary, and any other macaques), all guenons (African Green monkey grouping), patas monkeys, and mangabeys; and

(c) Class 3 non-human primates shall include all old-world primates of the suborder Prosimii (prosimians) and all new-world monkeys of infraorder Platyrhini, including but not limited to squirrel monkeys and all other Saimiri species, spider monkeys and all other Ateles species, capuchins and all other Cebus species, marmosets and tamarinds of all subclassifications, owl monkeys, howler monkeys, and wooley monkeys.

(2) Any Facility for Class 1 non-human primates shall comply with the following provisions for Outdoor Facilities. The cage shall include sufficient shade areas so as to protect the animal(s) from direct sunrays; provide the animal(s) with access to shelter which will allow the animal(s) to remain dry and comfortable during inclement weather; include a suitable drainage system for the rapid elimination of excess water; provide sufficient space for the animal(s) to make normal postural and social adjustments; include apparatus for normal behavioral activities, and have a minimum floor space equal to 10 times the area occupied by each animal when it is standing on four feet. Any indoor Facility for Class 1 non-human primates shall be in compliance with the caging requirements stipulated in (5)(b) below. Outdoor facilities for Class 2 non-human primates are optional, but if provided must meet the specifications of this section.

(3) Any Facility for Class 1 and Class 2 non-human primates shall comply with the following provisions for Indoor Facilities: The indoor facilities shall be heated so as to protect the animal(s) from cold, with an ambient temperature of not less than 50°F; be adequately ventilated through the installation and use of windows, vents, doors, or air conditioning, so as to minimize drafts, odors, and moisture condensation, and have auxiliary ventilation provided when the ambient temperature exceeds 85°F; be sufficiently lighted, through either natural or artificial means, so as to permit thorough inspection and cleaning of the facilities and so as to protect the non-human primate from excessive illumination; be structurally sound and maintained in good repair, so as to protect the animal(s) from injury and to keep the animal(s) dry and clean, to contain the animal(s), and to restrict entry of other animal(s); to be supplied with adequate electrical power, potable water; and to have disposal facilities for the sanitary removal and disposal of animal waste, bedding, dead animals, and debris. Any indoor Facility for Class 1 non-human primates shall be in compliance with the primary caging space requirements as stipulated in (5)(b) below. Any indoor Facility for Class 2 non-human primates shall be in compliance with the caging requirements as stipulated in (5)(c) below.

(4) The primary enclosure for Class 3 non-human primates shall be in compliance with requirements as stipulated in (5)(c) below.

(5) Security:

(a) In order to provide reasonable precautions for the safety to the public, all classes of non-human primates shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. When being transported, the animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with the operation of, the vehicle;

(b) Minimum caging space for Class 1 non-human primates shall be: up to 44 lbs., floor space 10 sq. feet, minimal height 55 in.; from 45 to 77 lbs, floor space 15 sq. feet, minimal height 60 in.; more than 78 lbs, floor space 25 sq. feet, minimal height 84 in.;

(c) Minimum caging space for Class 2 and 3 non-human primates shall be: up to 2.2 lbs, floor space 1.6 sq. feet, minimal height 20 in.; from 2.3 to 6.6 lbs., floor space 3.0 sq. feet, minimal height 30 in.; from 6.7 to 22 lbs, floor space 4.3 sq. feet, minimal height 30 in.; from 23 to 33 lbs., floor space 6.0 sq. feet, minimal height 32 in.; from 34-55 lbs., floor space 8.0 sq. feet, minimal height 36 in.; from 56-66 lbs., floor space 10.0 sq. feet, minimal height 46 in.; more than 67 lbs., floor space 15.0 sq. feet, minimal height 46 in.

(6) No non-human primate may be restrained by a tether as primary means of confinement.

(7) Sanitation: Excreta and debris shall be removed from the facilities as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.

(8) The Department may modify or waive the confinement requirements established in sections (2), (3), (4), and (5) of this rule subject to the following:

(a) The animal is determined by the Department to be less than 180 days of age;

(b) The Department's approval to modify or waive the requirements must be in writing and must include an expiration date; and

(c) The Department may impose reasonable conditions on such approval.

Stat. Auth.: ORS 561 & ORS 609
Stats. Implemented: ORS 609.205 - ORS 609.335
Hist.: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98

603-011-0725

Exotic Canines -- Special Requirements

(1) Animal Classification:

(a) Class 1 exotic canines shall include any non-indigenous, non wolf canine whose weight is 50 pounds or more; and

(b) Class 2 exotic canines shall include all non-indigenous canines whose weight is less than 50 pounds.

(2) Any Facility for Class 1 exotic canines shall comply with the following:

(a) Outdoor and Indoor Facilities: Outdoor and indoor facilities shall be constructed and maintained so as to provide sufficient space for each animal to make normal postural and social adjustments with freedom of movement; to keep the animals(s) clean, dry, and safe from injury; and to provide the animal(s) ready access to clean water and wholesome food. All outdoor pens shall have an exterior fence of such height and construction so as to prevent the animal(s) within to surmount it, and to prevent entry of the public;

(b) Security: In order to provide reasonable precautions for the safety of the public, all classes of exotic canines shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. When being transported the animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with the operator of the vehicle;

(c) All exotic canines that are held within a single enclosure shall be selected so as to be compatible with each other and shall not be housed near other animals whose presence may cause them stress or other discomfort; and

(d) Sanitation: Excreta and debris shall be removed from the Facility as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.

(3) The primary enclosure or caging for Class 2 exotic canines shall be no less than 10 times the area occupied by the animal when standing on four feet.

(4) No exotic canine may be restrained by a tether as primary means of confinement.

(5) The Department may modify or waive the confinement requirements established in sections (2) and (3) of this rule subject to the following:

(a) The animal is determined by the Department to be less than 180 days of age;

(b) The Department's approval to modify or waive the requirements must be in writing and must include an expiration date; and

(c) The Department may impose reasonable conditions on such approval.

Stat. Auth.: ORS 561 & 609
Stats. Implemented: ORS 609.205 - 609.335
Hist.: AD 9-1986, f. & ef. 5-27-86; AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98; DOA 8-1998, f. & cert. ef. 9-14-98; DOA 30-2000, f. & cert. ef. 11-6-00; DOA 8-2010, f. & cert. ef. 2-10-10

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