133.703, a judge may order the seizure of an alleged fighting bird or source bird owned, possessed or kept by any person. ����� (2) A judge ordering the seizure of an alleged fighting bird or source

133.703, a judge may order the seizure of an alleged fighting bird or source bird owned, possessed or kept by any person.

����� (2) A judge ordering the seizure of an alleged fighting bird or source bird under subsection (1) of this section may order that the bird be impounded on the property of the owner, possessor or keeper of the bird. If a judge orders an alleged fighting bird or source bird impounded on the property of the owner, possessor or keeper of the bird, the court shall order the owner, possessor or keeper to provide all necessary care for the bird and to allow regular and continuing inspection of the bird by a person designated by the court, or the agent of a person designated by the court. The owner, possessor or keeper shall pay the costs of conducting the inspections. The court shall further order the owner, possessor or keeper not to sell or otherwise dispose of the bird unless the court authorizes the sale or disposition, or until the seized bird is forfeited pursuant to an order under ORS 167.435 or restored to the person pursuant to an order under ORS 133.643. [2003 c.484 �4; 2017 c.276 �2]

����� 167.435 Forfeiture of rights in fighting birds, source birds or property; public nuisance. (1) In addition to and not in lieu of any other penalty the court may impose upon a person convicted of cockfighting under ORS 167.428 or participation in cockfighting under ORS 167.431, the court shall include in the judgment an order for forfeiture to the city or county where the crime occurred of the person�s rights in any property proved to have been used by the person as an instrumentality in the commission of the crime, including any fighting bird or source bird. This subsection does not limit the ability of the court to dispose of a fighting bird or source bird as provided under subsection (2) of this section.

����� (2) A fighting bird is a public nuisance, regardless of whether a person has been convicted of cockfighting or participation in cockfighting. If a fighting bird is ordered forfeited under subsection (1) of this section or is proved by a preponderance of the evidence in a forfeiture proceeding to be a fighting bird, the court shall order that the bird be destroyed or be otherwise disposed of. Upon the conviction of the person charged, the court shall adjudge all of the seized property of the person to be forfeited and shall order that the property be destroyed or otherwise disposed of. The court shall provide for a humane disposition of any source birds included in the forfeited property. [2003 c.484 �5; 2017 c.276 �3]

����� 167.437 Constructive possession of fighting birds or source birds; procedure. (1) A peace officer having jurisdiction may, upon probable cause to believe that a bird is a fighting bird or source bird, take constructive possession of the bird on behalf of the law enforcement agency employing the officer.

����� (2) A peace officer who takes constructive possession of an alleged fighting bird or source bird pursuant to this section must do the following:

����� (a) Place a tag or other device approved by the law enforcement agency on the cage or other enclosure where the alleged fighting bird or source bird is located. The tag or other device must clearly state that it is unlawful to conceal, remove or release the bird for purposes of interfering with law enforcement agency control over the bird.

����� (b) Notify the owner, possessor or keeper of the bird that the bird has been seized by the law enforcement agency and may not be concealed, removed or released until authorized by a court or as provided in this section.

����� (c) Promptly apply to an appropriate court for an order described in ORS 167.433.

����� (3) If a law enforcement agency takes constructive possession of an alleged fighting bird or source bird under this section, the owner, possessor or keeper of the bird shall provide all necessary care for the bird.

����� (4) Constructive possession of an alleged fighting bird or source bird pursuant to this section terminates when a court order described in ORS 167.433 is served on the owner, possessor or keeper of the bird, or after 24 hours, whichever occurs first. [2003 c.484 �6; 2017 c.276 �4]

����� 167.439 Forcible recovery of a fighting bird. (1) A person commits the crime of forcible recovery of a fighting bird if the person knowingly dispossesses, or knowingly attempts to dispossess, a law enforcement agency of constructive possession of a fighting bird, a source bird or an alleged fighting bird or source bird.

����� (2) Forcible recovery of a fighting bird is a Class C felony. [2003 c.484 �7; 2017 c.276 �5]

OFFENSES INVOLVING UNUSED PROPERTY MARKETS

����� 167.500 Definitions for ORS 167.502, 167.506 and 167.508. As used in ORS 167.502, 167.506 and 167.508:

����� (1) �Baby food� or �infant formula� means food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of two years.

����� (2) �Medical device� means an object or substance that is:

����� (a) Required under federal law to bear the label �Caution: Federal law requires dispensing by or on the order of a physician�; or

����� (b) Defined by federal law as a medical device and is intended:

����� (A) For use in the diagnosis of disease or other conditions in humans or animals;

����� (B) For use in the cure, mitigation, treatment or prevention of disease in humans or animals; or

����� (C) To affect the structure or a function of the bodies of humans or animals without achieving any of its principal intended purposes through metabolism or through chemical action within or on the bodies of humans or animals.

����� (3) �New and unused property� means tangible personal property:

����� (a) That was acquired by a person directly from a producer, manufacturer, wholesaler or retailer in the ordinary course of business and has not been used since its production or manufacture; or

����� (b) That was packaged when it was originally produced or manufactured and the property is in its original and unopened package.

����� (4)(a) �Nonprescription drugs� means drugs that may be sold without a prescription and that, in accordance with the requirements of the statutes and regulations of this state and the federal government, are:

����� (A) Prepackaged for use by a consumer;

����� (B) Prepared by a manufacturer or producer for use by a consumer; and

����� (C) Labeled and unadulterated.

����� (b) �Nonprescription drugs� does not include herbal products, dietary supplements, botanical extracts or vitamins.

����� (5) �Prior conviction� means a conviction that was entered prior to imposing sentence on the current crime, provided that the prior conviction is based on a crime committed in a separate criminal episode.

����� (6) �Unused property market� means an event:

����� (a) Where at least two persons offer new and unused property for sale or exchange and the person organizing or conducting the event charges a fee upon the sale or exchange of the new and unused property;

����� (b) Where at least two persons offer new and unused property for sale or exchange and a prospective buyer must pay a fee for admission to an area where new and unused property is offered for sale or exchange; or

����� (c) Where new and unused property is offered for sale or exchange for more than 12 days in one 12-month period. [2003 c.338 �1]

����� 167.502 Sale of certain items at unused property market prohibited; exceptions. (1) Except as provided in subsection (2) of this section, a person may not offer for sale or exchange or knowingly permit the sale or exchange of baby food, infant formula, cosmetics, personal care products, nonprescription drugs or medical devices at an unused property market.

����� (2) A person may sell or exchange the items listed in subsection (1) of this section if the person:

����� (a) Has a written authorization that identifies the person as an authorized representative of the manufacturer or distributor of those items; and

����� (b) Makes the written authorization available for public inspection.

����� (3)(a) A person who violates this section commits a Class C misdemeanor.

����� (b) A person who violates this section and who has one prior conviction under this section that was entered within the last 10 years commits a Class B misdemeanor.

����� (c) A person who violates this section and who has two or more prior convictions under this section that were entered within the last 10 years commits a Class A misdemeanor. [2003 c.338 �2]

����� 167.505 [Amended by 1959 c.530 �3; repealed by 1971 c.743 �432]

����� 167.506 Recordkeeping requirements. (1) When a person purchases more than 10 items of new and unused property for resale at an unused property market, the person shall maintain a record for two years after the date of purchase.

����� (2) The record required in subsection (1) of this section must contain:

����� (a) The date of the purchase of the new and unused property;

����� (b) The name and address of the person from which the new and unused property was purchased;

����� (c) A description and identification of the new and unused property; and

����� (d) The price paid for the new and unused property.

����� (3) A person shall, upon request, provide the record described in subsection (2) of this section for the purpose of inspection within a reasonable time.

����� (4)(a) A person who violates this section commits a Class C misdemeanor.

����� (b) A person who violates this section and who has one prior conviction under this section that was entered within the last 10 years commits a Class B misdemeanor.

����� (c) A person who violates this section and who has two or more prior convictions under this section that were entered within the last 10 years commits a Class A misdemeanor. [2003 c.338 �3]

����� 167.508 Exemptions from ORS 167.502 and 167.506. (1) ORS 167.502 and 167.506 do not apply to a person who:

����� (a) Sells or exchanges new and unused property that was not produced or manufactured within the last five years as indicated by the style of the packaging or of the material itself;

����� (b) Sells by sample, catalog or brochure for future delivery; or

����� (c) Makes a sales presentation to a consumer who received an individualized invitation to attend the sales presentation prior to the sales presentation from an owner or legal occupant of the premises where the sales presentation takes place.

����� (2) The recordkeeping requirements in ORS 167.506 do not apply to:

����� (a) A person who sells or exchanges new and unused property at an event that is organized and operated:

����� (A) For the exclusive benefit of a community chest, a fund, a foundation, an association or a corporation; and

����� (B) For religious, educational or charitable purposes.

����� (b) A person who sells or exchanges motor vehicles or trailers that are subject to state vehicle registration requirements.

����� (c) A person who sells or exchanges new and unused property at a gun show as defined in ORS