4-24-404.  Livestock sold at market to be brand inspected — Proceeds of sale may be withheld — Distribution of withheld proceeds — Effect of receipt of proceeds by department — Deposit of proceeds — Use of proceeds if ownership not established.

(1) 

Terms Used In Utah Code 4-24-404

  • 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
  • Livestock: means cattle, calves, horses, mules, sheep, goats, or hogs. See Utah Code 4-24-102
  • Livestock market: means a public market place consisting of pens or other enclosures where cattle, calves, horses, or mules are received on consignment and kept for subsequent sale, either through public auction or private sale. See Utah Code 4-24-102
(a)  Livestock may not be sold at any livestock market until after they have been brand inspected by the department.

(b)  The livestock market shall furnish to the buyer title to purchased livestock.

(2) 

(a)  Upon notice from the department that a question exists concerning the ownership of consigned livestock, the operator of the livestock market or meat packing plant shall withhold the proceeds from the sale of the livestock for 60 days to allow the consignor of the questioned livestock to establish ownership.

(b)  If the owner or consignor fails within 60 days to establish ownership to the satisfaction of the department, the proceeds of the sale shall be transmitted to the department.

(c)  Receipt of the proceeds by the department shall relieve the livestock market or meat packing plant from further responsibility for the proceeds.

(3) 

(a)  Proceeds withheld under Subsection (2) shall be deposited into the Utah Livestock Brand and Anti-Theft Account created in Section 4-24-501.

(b)  If ownership is not satisfactorily established within one year, the department shall use the proceeds for animal identification.

Renumbered and Amended by Chapter 345, 2017 General Session