Bill Text: OR HB2120 | 2011 | Regular Session | Introduced
Bill Title: Relating to the registration of animal products with the State Department of Agriculture; appropriating money; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2120 Detail]
Download: Oregon-2011-HB2120-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 608
House Bill 2120
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber
for State Department of Agriculture)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires manufacturer of dog or cat food product to register
product with State Department of Agriculture and pay annual
registration fee. Prohibits sale, offer or delivery of
unregistered product. Makes violation of requirement or
associated rules subject to maximum penalty of one year's
imprisonment, $6,250 fine, or both. Makes violation of
requirement or associated rules, orders or license or
registration terms subject to civil penalty in amount not to
exceed $2,500. Appropriates registration fee moneys to department
for carrying out programs relating to animal disease control.
Increases maximum permissible annual registration fee for
animal remedies and veterinary biologics or pharmaceuticals.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the registration of animal products with the State
Department of Agriculture; creating new provisions; amending
ORS 561.144, 596.095, 596.100, 596.990 and 596.995;
appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 596. + }
SECTION 2. { + (1) A person may not sell, offer or expose for
sale, or deliver to a user, a dog or cat food product that the
manufacturer has not registered with the State Department of
Agriculture.
(2) A manufacturer of dog or cat food products sold within this
state shall annually register the products with the department. A
manufacturer that sells more than one dog or cat food product in
this state may register all of the products using a single
application. The application must be in a form approved by the
department and be accompanied by a registration fee for each dog
or cat food product being registered. The department shall
establish the registration fee by rule in an amount not to exceed
$150.
(3) A manufacturer must submit an annual application for dog or
cat food product registration on or before January 1 of the
registration year. The application must be accompanied by a list
of the dog or cat food products that the manufacturer expects to
market within this state during the ensuing year.
(4) Moneys from dog or cat food product registration fees paid
to the department shall be deposited in the Department of
Agriculture Service Fund. Moneys deposited in the fund under this
section are continuously appropriated to the department for the
purpose of administering and enforcing this chapter. + }
SECTION 3. ORS 596.095 is amended to read:
596.095. As used in ORS 596.100, 596.105 and 596.995 { + and
section 2 of this 2011 Act + }:
(1) 'Animal remedy' means any product used to prevent, inhibit
or cure or enhance or protect the health or well-being of
animals, but does not include food.
(2) 'Department' means the State Department of Agriculture.
{ + (3) 'Dog or cat food product' means commercially produced
edible materials in packaged or bulk form that:
(a) Are designed for consumption by dogs or cats; and
(b) Contribute energy sources or nutrients to the diet of the
dog or cat. + }
{ - (3) - } { + (4) + } 'Pharmaceutical' means any product
prescribed for the treatment or prevention of disease for
veterinary purposes, including vaccines, synthetic and natural
hormones, anesthetics, stimulants or depressants.
{ - (4) - } { + (5) + } 'Veterinary biologic' means any
biologic product used for veterinary purposes, including
antibiotics, antiparasiticides, growth promotants or bioculture
products.
SECTION 4. ORS 596.100 is amended to read:
596.100. (1) { - No person shall - } { + Except as provided
in this subsection, a person may not + } sell, offer or expose
for sale, or deliver to a user, an animal remedy, veterinary
biologic or pharmaceutical, in package or in bulk,
{ - which - } { + that the manufacturer + }has not
{ - been - } registered with the State Department of
Agriculture. Products regulated under the Federal Insecticide,
Fungicide, and Rodenticide Act { - which - } { + that + } are
registered with the department under ORS chapter 634 are not
required to be registered under this section. Except as otherwise
provided by law, the manufacturer of each brand of animal remedy,
veterinary biologic and pharmaceutical to be sold in the state,
whether in package or in bulk, shall { + annually + } register
those products with the department { - annually - } .
Manufacturers who sell more than one animal remedy, veterinary
biologic or pharmaceutical in the state may register all such
products on one application.
(2) The application for registration of an animal remedy,
veterinary biologic or pharmaceutical shall be made on forms
provided by the department and shall be accompanied by an annual
registration fee for each product { - in an amount not to
exceed $75 as the department, by rule, shall determine - } . { +
The department shall establish the registration fee by rule in an
amount not to exceed $250. + } The application for registration
shall be made by July 1 of each year and shall be accompanied by
a list of the animal remedies, veterinary biologics and
pharmaceuticals the applicant for registration expects to market
during the ensuing year.
(3) The department shall deposit all fees received in the
Department of Agriculture Service Fund, and such fees are
continuously appropriated to the department for the purpose of
administering and enforcing ORS chapters 596 and 599.
SECTION 5. ORS 596.990 is amended to read:
596.990. (1) Violation of any of the provisions of ORS 596.075,
596.321, 596.331 (1) or (3), 596.351, 596.388, 596.392 (1) to (3)
or (6), 596.404 to 596.416 or 596.460, or of any lawful order of
the State Department of Agriculture issued pursuant to this
chapter, is a Class A violation.
(2) Violation of any of the quarantine provisions of ORS
596.331 (2), 596.355, 596.392 (4) or (5) or 596.394 to 596.402 is
punishable, upon conviction, by a fine of not less than $500 nor
more than $5,000.
(3) Violation of any of the provisions of ORS 596.100 or
596.105 { + or section 2 of this 2011 Act + }or rules adopted
{ - thereunder - } { + under ORS 596.100 or 596.105 or
section 2 of this 2011 Act + } is a misdemeanor.
SECTION 6. ORS 596.995 is amended to read:
596.995. (1) Any manufacturer of an animal remedy, veterinary
biologic { + , + } { - or - } pharmaceutical { - who - }
{ + or dog or cat food product that + } violates any provision
of ORS 596.100 or 596.105 { + or section 2 of this 2011 Act
+ }applicable to manufacturers { + , + } { - or - } any rule
adopted { - pursuant thereto - } { + under ORS 596.100 or
596.105 or section 2 of this 2011 Act + } or the terms or
conditions of any license, registration or order issued by the
State Department of Agriculture under ORS 596.100 or 596.105
{ - shall be - } { + or section 2 of this 2011 Act is
+ }subject to a civil penalty not to exceed $2,500 per
violation. Civil penalties under this section are in addition to
any other penalty provided by law.
(2) Each violation may be a separate and distinct
offense { + . + } { - , and, - } In the case of a continuing
violation, each day's continuance { - thereof - } { + of the
violation + } may be deemed a separate and distinct offense.
(3) The department shall adopt a schedule or schedules
establishing the amount of civil penalty that may be imposed for
a particular violation.
(4) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.745.
SECTION 7. ORS 561.144 is amended to read:
561.144. (1) The State Treasurer shall establish a Department
of Agriculture Service Fund, which shall be a trust fund separate
and distinct from the General Fund. The State Department of
Agriculture shall deposit all license and service fees paid to it
under the provisions of the statutes identified in subsection (3)
of this section in the Department of Agriculture Service Fund.
The State Treasurer is the custodian of this trust fund, which
shall be deposited by the treasurer in such depositories as are
authorized to receive deposits of the General Fund, and which may
be invested by the treasurer in the same manner as authorized by
ORS 293.701 to 293.820.
(2) Interest received on deposits credited to the Department of
Agriculture Service Fund shall accrue to and become a part of the
Department of Agriculture Service Fund.
(3) The license and service fees subject to this section are
those described in ORS 561.400, 561.740, 570.710, 571.057,
571.063, 571.145, 571.305, 583.004, 583.046, 583.445, 583.510,
583.610, 585.050, 586.270, 586.580, 586.650, 596.030, 596.100,
596.311, 599.235, 599.269, 599.406, 599.610, 601.040, 602.090,
603.025, 603.075, 616.706, 618.115, 618.136, 619.031, 621.072,
621.166, 621.266, 621.297, 621.335, 621.730, 622.080, 625.180,
628.240, 632.211, 632.425, 632.600, 632.720, 632.730, 632.741,
632.940, 632.945, 633.015, 633.029, 633.318, 633.362, 633.461,
633.471, 633.680, 633.700, 633.720, 634.016, 634.116, 634.122,
634.126, 634.132, 634.136, 634.212 and 635.030 { + and section 2
of this 2011 Act + }.
SECTION 8. { + Section 2 (2) and (3) of this 2011 Act applies
for registration years beginning on or after January 1, 2012. + }
SECTION 9. { + Section 2 (1) of this 2011 Act and the
amendments to ORS 596.990 and 596.995 by sections 5 and 6 of this
2011 Act become operative January 1, 2012. + }
SECTION 10. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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