PART II. BRANDS

 

§142-41  Brands to be recorded, etc. Every owner of livestock in the State shall have the owner's brand or mark, inorder to secure its validity and individuality, recorded in a separate bookkept for that purpose by the department of agriculture to be known as the"Hawaii Brand Book."  No brand or mark shall be recorded which may besimilar or approximate in design to any brand or mark which has been previouslyrecorded.  The fee for each application for registration shall be establishedby rule adopted pursuant to chapter 91.  The application may be made directlyto the department, through its duly authorized agents, or through any dulyauthorized police officer.  The chief of police of the respective countiesshall authorize police officers to receive applications for registration ofbrands under this section.  All moneys so received shall be paid to thedirector of finance.  A signed and dated receipt shall be issued for each paidapplication.  All applications shall be promptly forwarded to the department. If it is determined that the application seeks the registration of a brandwhich either has not already been recorded by another person or is not similarin design to any other previously recorded brand which has not expired, then acertificate showing that such brand or mark has been duly recorded shall beissued forthwith to the applicant.  No record shall be made of any earmark,except only as supplemental identification of a brand.  Numerals from 1 to 9and 0, not used in combination or with symbols, as a brand, shall not besubject to preemptive use but shall be the common property of all persons. [L1888, c 35, §19; am L 1911, c 58, §1; RL 1925, §681; RL 1935, §259; am L 1939,c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §1068; am L 1953, c235, §1(a); am L 1955, c 73, §1(a); RL 1955, §20-40; am L Sp 1959 2d, c 1,§§14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1; HRS §142-41; am L 1982, c149, §1; gen ch 1985]