to 164.855. [1971 c.743 �298; 1981 c.645 �5; 1993 c.167 �5; 2013 c.276 �5]

164.825 to 164.855. [1971 c.743 �298; 1981 c.645 �5; 1993 c.167 �5; 2013 c.276 �5]

����� 164.857 Unlawfully transporting metal property. (1) A person commits the offense of unlawfully transporting metal property if the person transports metal property on a public highway or on premises open to the public with the intent to deliver the metal property to a scrap metal business and the person does not have a metal transportation certificate in the person�s possession.

����� (2) A seller or transferor of metal property that has reason to believe that a buyer or transferee intends to obtain the metal property for delivery to a scrap metal business shall provide the buyer or transferee with a metal transportation certificate.

����� (3) A metal transportation certificate must include:

����� (a) The date the metal property was acquired and the amount and type of metal property that the person is transporting;

����� (b) The location where the metal property was loaded and the destination of the metal property;

����� (c) The name, address and telephone number of the seller or the transferor;

����� (d) The signature of the seller or transferor or the authorized agent of the seller or transferor; and

����� (e) The name, address and telephone number of the person transporting the metal property.

����� (4) The Department of State Police shall create a form that may serve as a metal transportation certificate and shall make the form available on the department�s website.

����� (5)(a) Subject to paragraph (b) of this subsection, it is a defense to a charge of unlawfully transporting metal property that the person transporting the metal property is the owner of the property or an agent or employee of the owner of the property.

����� (b) A person who transports private metal property may not raise the defense described in this subsection unless at the time the person was transporting the private metal property:

����� (A) The person was a commercial seller or an agent or employee of a commercial seller and the person possessed the information required under ORS 165.117 (4)(b)(G);

����� (B) The person was the owner or an agent or employee of a scrap metal business that maintains a fixed place of business and the person possessed reasonable proof that the person was an owner, agent or employee;

����� (C)(i) The person was a dismantler or an agent or an employee of a dismantler;

����� (ii) The person possessed a valid, current dismantler certificate or an identification card issued under ORS 822.125; and

����� (iii) The stock or yard number assigned to the private metal property under ORS 822.137 was legibly marked on the private metal property; or

����� (D)(i) The person had physical possession of the title or registration for the vehicle from which the private metal property was removed;

����� (ii) The person�s name was shown as the owner of the vehicle on the title or registration; and

����� (iii) The person accurately and correctly described the location of the vehicle.

����� (6) Unlawfully transporting metal property is a Class C misdemeanor.

����� (7) As used in this section:

����� (a) �Agent or employee of the owner of the property� includes a motor carrier as defined in ORS 825.005 that is operating in accordance with the provisions of ORS chapter 825.

����� (b) �Commercial seller,� �dismantler,� �fixed place of business,� �metal property,� �private metal property� and �scrap metal business� have the meanings given those terms in ORS 165.116. [2009 c.811 �3; 2010 c.56 �4; 2021 c.412 �1]

����� Note: 164.857 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 164.860 [Repealed by 1971 c.743 �432]

����� 164.863 Unlawful transport of meat animal carcasses. (1) Except as provided in subsection (2) of this section, it shall be unlawful for any person to transport the carcass or a primal cut thereof of any meat animal on a public highway without having in possession a transportation certificate signed by the owner or the agent of the owner showing:

����� (a) The location where the carcass or primal cut was loaded and its destination;

����� (b) The quantity in possession and the date of acquisition of it; and

����� (c) Transportation or bill of sale.

����� (2) Subsection (1) of this section does not apply to the carcass or meat of a meat animal:

����� (a) That is transported by common carrier;

����� (b) That is marked, tagged or otherwise identified as required by ORS chapter 619;

����� (c) That is marked, tagged or identified as required by ORS 603.045 (2), or that is the subject of the certificate and tags described in ORS 603.045 (4); or

����� (d) That is marked, tagged or otherwise identified as having been previously inspected under the Federal Meat Inspection Act.

����� (3) As used in this section:

����� (a) �Common carrier� means:

����� (A) Any person who transports for hire or who purports to be to the public as willing to transport for hire, compensation or consideration by motor vehicle, persons or property, or both, for those who may choose to employ the person; or

����� (B) Any person who leases, rents or otherwise provides a motor vehicle for the use of others and who in connection therewith in the regular course of business provides, procures or arranges for, directly, indirectly or by course of dealing, a driver or operator therefor.

����� (b) �Federal Meat Inspection Act� means the Act so entitled approved March 4, 1907, (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584).

����� (c) �Meat animal� means any live cattle, equines, sheep, goats or swine.

����� (d) �Meat� or �meat product� means any edible muscle, except any muscle found in the lips, snout or ears of meat animals, which is skeletal or found in the tongue, diaphragm, heart or esophagus, with or without any accompanying and overlying fat, and any portion of bone, skin, sinew, nerve or blood vessels normally accompanying the muscle tissue and not separated from it in the process of dressing or as otherwise prescribed by the Department of Agriculture.

����� (4) Unlawfully transporting the carcass or primal cut of a meat animal is a Class C misdemeanor.

����� (5) For the purpose of this section �primal cut� of cattle and equines means round, loin, flank, rib, chuck, brisket, plate or shank; of pork means ham, loin, side, spareribs, shoulder or jowl; of sheep and goats means rib or rack, loin, leg or shoulder. [1975 c.201 �2]

MISCELLANEOUS

����� 164.864 Definitions for ORS 164.864 to 164.882. As used in ORS 164.865, 164.866, 164.868, 164.869,