OAR 603-012-0205: Temporary or “One Day” Horse Sales

(1) As used in sections (1) to (4) of this rule: (a) “Department” means the Oregon State department of agriculture; (b) “Equine Animal” means any animal belonging to the genus Equinus including horses, asses, and mules; (c) “Licensee” means any person, lessee, partnership, or corporation applying for and receiving a license to conduct a temporary horse sale; (d) “Temporary horse sale” or “one day horse sale” means the sale of horses, mules, or asses, as authorized by ORS 599.610 to 599.640; (e) “Livestock” means cattle, horses, mules, asses, and swine. (2) Application to hold a temporary horse sale shall be made to Department at least 30 days prior to the date the sale is to be held. (3) Temporary horse sales may be conducted at such times and places as the licensee desires subject to the approval of the Department. If the sale is to be held at a yard or place not specifically constructed for the sale of animals, the Department before approving a license will require at least the following minimum facilities: (a) Enclosures must be provided of such size and construction as to adequately restrain all animals congregated for sale; (b) A separate pen shall be provided for animals showing symptoms of infectious or contagious diseases. This pen shall be so located, and so constructed that no direct contact with other animals is possible; (c) All stalls, pens, and water tanks will be maintained in a sanitary condition. (4) The licensee shall employ and pay a deputy state veterinarian on a private fee basis: (a) The deputy state sale veterinarian shall have authority and responsibility for the direction and control of the sanitary practices and examinations of horses at the sale; (b) All equine animals to be sold shall be examined for evidence of infectious and contagious disease; (c) Any equine animal showing symptoms of an infectious of contagious disease shall not be sold or offered for sale; (d) Diseased equines described in subsection (c) of this section shall be immediately isolated from other livestock in pens provided for this purpose and shall be returned to the premises of origin. The deputy state sale veterinarian shall report the disease to the Department if it is one covered by or listed in a regulation promulgated under ORS 596.321. (5) All of the applicable provisions of ORS Chapter 604, relating to brand inspection, including, but not limited to, subsection (2) of ORS 604.360 shall apply to temporary horse sales. (6) The provisions of sections (1) to (4) of this rule are in addition to, and not in lieu of, other applicable provisions of ORS Chapter 596 relating to diseases of livestock and 599.610 to 599.640 relating to temporary horse sales. (7) After the Department receives an application referred to in section (2) of this rule and before it is authorized to issue a license, the Department must inspect the proposed yard, place, or premises where the temporary or one day horse sale is proposed to be held. The Department is not authorized to issue the license until or unless the licensee is in compliance with the provisions of this rule and has met all the requirements or procedures which the Department deems necessary for the applicant to hold such sale. No person shall hold, carry out, or engage in holding a temporary or one day horse sale without first having received a license therefor.