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. |
Terms Used In Utah Code 4-24-303
- Brand: means an identifiable mark, including a tattoo or cutting and shaping of the ears or brisket area, applied to livestock that is intended to show ownership and the mark's location. See Utah Code 4-24-102
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Livestock: means cattle, calves, horses, mules, sheep, goats, or hogs. See Utah Code 4-24-102
| (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:
| (a) |
brand inspector receives consent from the livestock’s owner; |
| (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. |
Amended by Chapter 295, 2021 General Session
