CHAPTER 6. LIVESTOCK BRANDS
IC 15-19-6
Chapter 6. Livestock Brands
IC 15-19-6-1
Application of administrative hearings
Sec. 1. IC 15-17-17 (hearings) applies to this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-2
"Board"
Sec. 2. As used in this chapter, "board" refers to the Indiana stateboard of animal health established by IC 15-17-3-1.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-3
"Brand"
Sec. 3. As used in this chapter, "brand" means a distinctive designor mark of identification made or applied to the hide on livestock bythe use of a hot iron or by any other method or process approved bythe board.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-4
"Livestock"
Sec. 4. As used in this chapter, "livestock" means:
(1) all cattle or animals of the bovine species;
(2) all horses, mules, burros, and asses or animals of the equinespecies;
(3) all swine or animals of the porcine species; and
(4) all goats or animals of the caprine species.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-5
"Person"
Sec. 5. As used in this chapter, "person" includes an individual,a firm, an association, a partnership, a corporation, other legal entity,a public or private institution, the state, a municipal corporation, ora political subdivision of the state.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-6
Adoption of brands
Sec. 6. A person owning livestock within Indiana may adopt abrand for the person's exclusive use in Indiana. A person may notbrand or cause to be branded any livestock with a brand that is oflegal record in the office of the board unless that brand has beencertified by the board for that person's exclusive use.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-7 Recording of brands
Sec. 7. The board shall record livestock brands. The board shallimplement this chapter and may adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-8
Application for recording of brand
Sec. 8. (a) An owner of livestock in Indiana who wants to adopta brand for the owner's exclusive use shall, before doing so, forwardto the board an application on a form approved and provided by theboard.
(b) For purposes of this chapter, the post office address includedin an application under this section is considered the legal address ofthe applicant. Until the board receives a written notice of change ofaddress from the applicant, the latest address of record with theboard remains the legal address.
(c) If the brand is accepted, the board shall file the brand in theofficial brand book, furnish the applicant a brand certificate, andinform the applicant that the applicant has, from the date of filing,exclusive right to the use of the brand in Indiana.
(d) Additional brand certificates of a recorded brand may beobtained from the board upon the payment of a fee established by theboard under section 18 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-9
One brand for each owner; separate livestock operation; identicalor similar brands; restriction on use of brands
Sec. 9. (a) Only one (1) brand may be awarded or recorded foreach owner of livestock. However, the owner or owners of separateand distinct livestock operations may, at the discretion of the board,record one (1) brand for use at each distinct and separate livestockoperation.
(b) A brand may not be recorded or used if the brand:
(1) is identical with or, in the opinion of the board, is so similarto any brand previously recorded and remaining of legal record;or
(2) is an abandoned brand but has not been abandoned for five(5) years;
so as to be liable to cause confusion as to the identity or ownershipof livestock.
(c) If the board determines that the submitted brand is already onrecord for another person or that it so closely resembles a previouslyregistered brand that the brands cannot be readily distinguished, theboard shall notify the applicant and return the facsimile brand andrecording fee. In case of duplications, applications bearing theearliest postmark will be accepted.
(d) The board shall adjust conflicting stock brands and make anynecessary changes. Changes made by the board are conclusive, and
brands the board indicates may be recalled or adjusted at any time bymeans of written notice from the board given to the owner of thebrand.
(e) A brand may be recorded in Indiana only in the office of theboard.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-10
Evidentiary effect of certificates of recordation
Sec. 10. All certificates of recordation or rerecordation of brandsfurnished by the board are prima facie evidence of the ownership ofall livestock of the kind or kinds bearing the brand or brandsspecified and as set forth in the record. The certificates are evidenceof ownership in all lawsuits or in any criminal proceedings, when thetitle to livestock in Indiana is to be proved. Disputes in ownership orcustody of branded livestock shall, upon request, be investigated bystate or county law enforcement officials.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-11
Ownership of brands
Sec. 11. (a) A recorded brand is the personal property of theperson in whose name it is filed and is subject to sale, assignment,transfer, devise, and descent as personal property.
(b) A written instrument that evidences the sale, assignment, ortransfer of a brand must be forwarded to the board to be recorded inthe official brand book.
(c) The board shall determine the fee for recording a transactionunder subsection (b).
(d) As soon as the transaction has been recorded, the board shallfurnish the new owner with a brand certificate.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-12
Determination of renewal date
Sec. 12. (a) By January 1 of each fifth year following the originalrecording with the board, each owner of a brand of record shallsubmit to the board a renewal fee to be established by the board.
(b) For the purpose of determining the renewal date, the periodbetween the date a brand is recorded by the board and January 1 ofthe next year constitutes the first year of the five (5) year period.
(c) If the owner of a brand of record fails, refuses, or neglects topay the fee by June 30 of the year in which it is due, the brand shallbe forfeited and no longer carried in the record. A forfeited brandmay not be issued to another person for five (5) years after the dateof forfeiture. During that five (5) year period, the former owner ofrecord may apply to the commission for reinstatement of the forfeitedbrand. An application for reinstatement must be accompanied by areinstatement fee established by the board. The renewal date for areinstatement brand remains the same. (d) Renewal fees on reinstatement brands are due on January 1 ofeach fifth year following the original recording.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-13
Use of unrecorded brand
Sec. 13. (a) Except as otherwise provided by this section, a personmay not use any brand for identifying livestock unless the brand hasbeen recorded under this chapter. If a recorded brand is applied tolivestock that have been branded by a previous owner, the recordedbrand must be applied so as not to overlap, obliterate, disfigure, ormutilate the existing brand or brands.
(b) Brands consisting of arabic numerals only may be used forindividual livestock identification if they are located at least ten (10)inches from any recorded brand. Brands for individual identificationmay not be recorded.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-14
Publication of recorded brands
Sec. 14. (a) The board shall publish all the recorded brands in abook and publish supplemental lists at least once each year. Thebrand book and supplements must contain a facsimile of all brandsrecorded, together with the owner's name and legal mailing address.
(b) The board shall, without charge, furnish copies of the brandbook and supplements to state and county law enforcement agenciesin Indiana. The general public may obtain copies by remitting to theboard the cost of printing and mailing each book and accompanyingsupplements.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-15
Reported livestock thefts
Sec. 15. The board, in cooperation with law enforcement officialsin Indiana and other states, shall develop a uniform procedure fornotifying livestock markets and livestock slaughtering establishmentsof reported livestock thefts.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-16
Application of a brand to livestock
Sec. 16. A brand must be applied to the shoulder, ribs, or hip oneither the right or left side as determined by standing behind theanimal. A brand, except those for livestock disease control purposes,may not be applied to the head or neck area.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-17
Sale and transportation of livestock
Sec. 17. (a) A person selling livestock branded with the person's
brand recorded in a current state brand book or supplement shallexecute to the purchaser a written bill of sale. The bill of sale mustinclude:
(1) the signature and residence of the seller;
(2) the name and address of the purchaser;
(3) the total number of livestock sold;
(4) a description of each animal sold as to sex and kind; and
(5) all registered brands.
A copy of the bill of sale shall be given to each hauler of livestock,other than railroads, and must accompany the shipment of livestockwhile in transit. The bill of sale or a copy shall be shown by thepossessor on demand to any law enforcement officer. The bill of saleis prima facie evidence of the conveyance of title of the livestockdescribed by the bill of sale.
(b) A person engaged in the business of transporting or haulinglivestock in Indiana shall, upon receiving livestock for transportation,issue a waybill or bill of lading for all livestock transported or hauledby the person. The waybill or bill of lading must accompany theshipment of livestock, with a copy being furnished to the persondelivering livestock to the hauler. The waybill or bill of lading mustinclude:
(1) the place of origin and destination of the shipment;
(2) the name of the owner of the livestock;
(3) the date and time of loading;
(4) the name of the person or company hauling the livestock;
(5) the number of livestock; and
(6) a general description of the livestock, including theidentifying brands.
The waybill or bill of lading must be signed by the person deliveringthe livestock to the hauler, certifying that the information containedin the waybill or bill of lading is correct.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-18
Charges for recording and rerecording of brands
Sec. 18. (a) The board may establish and collect:
(1) up to thirty-five dollars ($35) for each brand recording; and
(2) fair and reasonable charges related to the cost ofadministering a brand recordation program for:
(A) the rerecording of brands;
(B) the recording of instruments transferring ownership ofbrands; and
(C) certificates of recordation or rerecordation of brands.
(b) The board shall deposit fees collected under this section in thebrand registration fund. The brand registration fund is anonbudgetary fund, and the money remaining in the brandregistration fund at the end of a state fiscal year does not revert to thestate general fund. The board may disburse money from the brandregistration fund to defray the administrative costs of implementingthis chapter.As added by P.L.2-2008, SEC.10.
IC 15-19-6-19
Unauthorized application of a brand
Sec. 19. A person who, without permission of the owner,knowingly or intentionally applies a brand to livestock for thepurpose of transferring ownership of that livestock commits a ClassC felony.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-20
Destruction or alteration of a brand on livestock
Sec. 20. A person who knowingly destroys or alters a brandrecorded with the board from livestock to conceal the identity of theowner of that livestock commits a Class C felony.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-21
Sale of livestock with destroyed or altered brand
Sec. 21. A person who knowingly sells or offers for sale livestockwhose brand has been destroyed or altered for the purpose ofconcealing the identity of the owner of that livestock commits aClass C felony.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-22
Purchase of livestock with destroyed or altered brand
Sec. 22. A person who knowingly purchases livestock whosebrand has been destroyed or altered for the purpose of concealing theidentity of the owner of that livestock commits a Class C felony.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-23
Forgery
Sec. 23. A livestock brand is a written instrument for purposes ofIC 35-43-5.
As added by P.L.2-2008, SEC.10.