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ORS 167.335

Applied in 2 court decisions — leading case State v. Fessenden (2013)

Most recently applied in State v. Fessenden / Dicke (August 2014)

1985 c.662 §6; 1995 c.663 §4; 2001 c.926 §10a; 2018 c.19 §4; 2024 c.41 §6

(1) Unless gross negligence can be shown, the provisions of ORS 167.315 to 167.333, other than the provisions of ORS 167.332, do not apply to:

(a) The treatment of livestock being transported by owner or common carrier;

(b) Animals involved in rodeos or similar exhibitions;

(c) Commercially grown poultry;

(d) Animals subject to good animal husbandry practices;

(e) The killing of livestock according to the provisions of ORS 603.065;

(f) Animals subject to good veterinary practices as described in ORS 686.030;

(g) Lawful fishing, hunting and trapping activities;

(h) Wildlife management practices under color of law;

(i) Lawful scientific or agricultural research or teaching that involves the use of animals;

(j) Reasonable activities undertaken in connection with the control of vermin or pests; and

(k) Reasonable handling and training techniques.

(2) The provisions of ORS 167.323 and 167.324 do not apply to any exemption listed in subsection (1) of this section or to:

(a) Any activity undertaken in the course of bona fide law enforcement activity;

(b) Any activity necessary to the proper functioning of the criminal justice system;

(c) The disclosure of a visual recording of an act described in ORS 167.322 (1)(a) or (b):

(A) In the course of reporting conduct to a law enforcement agency; or

(B) If the disclosure serves a lawful public interest;

(d) Obtaining, viewing or possessing a visual recording of an act described in ORS 167.322 (1)(a) or (b) as part of a bona fide treatment program for sexual offenders; or

(e) A public library, as defined in ORS 357.400, or a library exempt from taxation under ORS 307.090 or 307.130.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.