§ 4-24-303 — Livestock -- Verification of ownership through brand inspection -- Issuance of certificate of brand inspection -- Brand inspector may demand evidence of ownership -- Brand inspection of livestock seized by the federal government prohibited -- Exception.

(1) A brand inspector, as an agent of the department, shall verify livestock ownership by conducting a brand inspection during daylight hours.
(2) After conducting the brand inspection, the brand inspector, if satisfied that the livestock subject to inspection bears registered brands owned by the owner of the livestock, shall issue a brand inspection certificate to the owner or owner's agent.
(3) The brand inspector shall record the number, sex, breed, and brand on each animal inspected together with the owner's name.
(4) If any livestock subject to inspection bears a brand other than that of the owner, or if no brand appears on the livestock, or if the ownership of the livestock is disputed, the brand inspector may demand evidence of ownership before issuing a brand inspection certificate or may decline to issue a brand inspection certificate until the ownership dispute is resolved.
(5) A brand inspector may not issue a brand inspection certificate for privately owned livestock seized by the federal government unless the:

(5)(a) brand inspector receives consent from the livestock's owner;
(5)(b) owner is unknown; or
(5)(c) brand inspector receives a copy of a court order authorizing the seizure.
(6) Breed papers alone do not constitute proof of ownership, but may be considered as a factor in determining ownership.

Legislative History

Amended by Chapter 295, 2021 General Session