Or. Admin. Code § 603-015-0080

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-015-0080 - Definitions

As used in OAR 603-015-0075 to 603-015-0110:

(1) "Department" means the State Department of Agriculture and the Enforcing Agency, which is the office of the State Veterinarian, located within the State Department of Agriculture.

(2) "Animal rescue entity" or "ARE" means any individual or organization-including but not limited to an animal control agency, humane society, animal shelter, animal sanctuary, or boarding kennel not subject to ORS 167.374, but excluding a veterinary facility-that keeps, houses, and maintains in the individual's or organization's legal custody 10 or more animals at any given time and that solicits or accepts donations in any form.

(3) "Foster facility" means a separate location controlled by, but not owned or operated by the animal rescue entity, at which a person has volunteered to maintain physical custody of animals that are within the legal custody of an animal rescue entity. A foster facility with fewer than 10 animals in the legal custody of an animal rescue entity is not considered a separate physical location out of which an animal rescue entity operates.

(4) "Physical location" means either:

(a) a separate location controlled and operated by the animal rescue entity at which any number of animals are maintained in the legal custody of the animal rescue entity; or

(b) a separate location controlled by, but not owned or operated by the animal rescue entity at which 10 or more animals are maintained in the legal custody of an animal rescue entity.

(5) "10 or more animals" means the combined number of animals kept, housed, and maintained in the animal rescue entity's legal custody, whether at that animal rescue entity's physical location, another physical location of the same animal rescue entity, or in the physical custody of a foster facility. A nursing mother and her unweaned offspring constitute one animal unit. Weaned offspring constitute individual animal units.

(6) "Animal" means any nonhuman mammal, bird, reptile, amphibian, or fish.

(7) "License year" means a 12-month period beginning July 1 and ending on June 30 for which a license is valid or the remainder of that period at the time a license is issued.

(8) "Legal custody" means the authority to make decisions on behalf of an animal, including but not limited to decisions regarding health care, physical placement, and general welfare. The Department considers the fact that an individual or organization makes decisions on behalf of an animal to be evidence that that individual or organization possesses legal custody of that animal.

(9) "State Veterinarian" means the chief animal health official of the State as per ORS 596.210.

(10) "Unique identification" means any physical means by which an animal may be distinguished from all other similar animals, including but not limited to, a microchip, ear tag, leg band, tattoo, brand, or a photograph or written description of distinguishing features.

Or. Admin. Code § 603-015-0080

DOA 19-2020, adopt filed 12/01/2020, effective 12/1/2020; DOA 20-2023, amend filed 05/11/2023, effective 5/15/2023; DOA 10-2024, amend filed 05/24/2024, effective 5/24/2024

Statutory/Other Authority: ORS 609.415, 561 & 596

Statutes/Other Implemented: ORS 609.415 & 609.420