OAR 635-049-0125. Control of Disease Outbreaks

(1) Diseased captive cervids posing an imminent danger to public health, wildlife or livestock constitute a public nuisance. (2) Upon a finding that an outbreak of communicable disease among captive cervids poses imminent danger to public health, wildlife or livestock requiring prompt action, the Department may order the holder to destroy, confine or transfer by a specified deadline any or all cervids they hold. (3) If a holder fails to take the action ordered by the Department pursuant to paragraph (2), the Department or its agents may enter the holder’s facility and take the action. The holder is liable for any costs the State of Oregon so incurs. The Department bears no liability for such actions.