25-1120. BRAND INSPECTION. (1) The state brand board shall have the authority to require brand inspection of all livestock transferred in any manner, or which shall be placed for sale with or delivered into the custody of the owners or operators of any auction, auction house, sales, ring, or commission house, or to establish proof of ownership at that point in time a living animal becomes carcass meat, it shall require brand inspection not more than ninety-six (96) hours prior to slaughtering whether for commercial purposes or for the owner’s immediate family needs, and whether said slaughtering is done by any permanently located firm, association, partnership, company, business or corporation, or if done by a mobile slaughtering service of any nature or type and shall have access to inspect animals utilized by rendering establishments, and to adopt such rules as it may prescribe to accomplish such brand inspection.
A brand inspection certificate signed by the seller is documentary evidence of a transfer of ownership.
(2) The transferor of livestock shall be primarily responsible to obtain a required brand inspection. However, if the seller shall fail, after ten (10) days, to obtain a required brand inspection, the transferee of the livestock shall also be responsible to obtain a brand inspection.
(3) Any person who transfers title to any livestock to another person without first obtaining a brand inspection, and who has not previously violated this section, is guilty of an infraction. Any subsequent violation of this section is a misdemeanor.
History:
[(25-1120) 1947, ch. 88, sec. 8, p. 149; am. 1973, ch. 168, sec. 8, p. 339; am. 1988 & redesignated 25-1120, ch. 75, sec. 12, p. 117; am. 1996, ch. 90, sec. 1, p. 271; am. 1997, ch. 105, sec. 1, p. 247.]
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