3-1261

3-1261. Adoption and recording of brand and
earmark; brand as property right; sale or transfer

A. Every person owning range livestock in this state shall adopt and record a brand
with the division with which to brand such livestock. Branding shall be performed by a
hot iron, freezing, acid or any other method that will result in a permanent mark. Any
person owning range livestock may also record an earmark with which to mark such
livestock as long as the earmark is not recorded for use by neighboring range livestock
owners. Sheep shall be marked distinctly with a mark or device sufficient to distinguish
them. Every owner of other animals may adopt a brand or earmark with which to brand or
earmark such animals.

B. No two brands of the same design or figure shall be adopted or recorded, but the
associate director may, in his discretion, reject and refuse to record a brand or mark
similar to or conflicting with a previously adopted and recorded brand or mark.

C. Before a new brand is recorded, it shall be advertised in some newspaper,
journal or bulletin, published in the state, at least once, and if no objection to the
brand is filed in writing, it shall be recorded as provided in this article.

D. The brand adopted and recorded is the property of the person adopting and
recording it, and the right to use it may be sold, leased or transferred.

E. No sale or transfer of the brand is valid except by bill of sale duly signed and
acknowledged as deeds for conveyance of real estate are acknowledged, and recorded with
the division.

F. The owner of the recorded brand shall sign the lease of the brand and file a
copy of the lease with the division.

G. It is unlawful to apply a recorded brand in any location on an animal except as
specified on the brand registration certificate. The application of a brand in any other
location is the equivalent of the use of an unrecorded brand.

H. The division shall make recorded brands available to feedlots that are licensed
in this state to identify livestock while in the feedlot for feeding purposes. The
division shall issue the brand on request by the feedlot without charge, in a timely
manner and with a minimum of administrative requirements. Brands issued under this
subsection are not registered brands and are not prima facie evidence of ownership
outside the feedlot.