38-808. RECORDING LOG BRANDS — PENALTY. (1) Definitions:

(a) "Person" includes the plural and all corporations, foreign and domestic, copartnerships, firms and associations of persons.

(b) "Forest products." For the purposes of this section only, "forest products" means all products derived from trees including, but not limited to, saw logs, veneer logs, poles, cedar products, pulp logs, fence posts and every form into which a fallen tree may be cut before it is manufactured into lumber or run through a processing mill or cut into cordwood, stove wood or hewn ties.

(c) "Log brand" means a unique symbol or mark placed on or in forest products for the purpose of identifying ownership.

(2) Any owner of forest products in the state of Idaho may use thereon any log brand, which may be applied as a stamped symbol, log brand or affixed tag, not currently registered by any other person in the state; but before any such log brand shall be used, it shall be the duty of such owner intending to use the same to cause a diagram, and a full and complete written description of his log brand, signed by him, to be submitted on "Registration of Log Brands" forms to the office of the Idaho board of scaling practices, who shall record the same upon receipt of a payment of twenty-five dollars ($25.00), provided the log brand is different from any other log brand currently registered in that office. It shall be the duty of the person in charge of the Idaho board of scaling practices office to keep a record of all registered log brands, which record shall at all reasonable times be open to public inspection.

(3) All applications for log brands and/or renewals shall be submitted to and approved by the Idaho board of scaling practices prior to use. Such application shall be made on duplicate log brand registration forms and shall include a diagram or an impression of the log brand stamped on the form, a written description of the log brand and be signed by the person or the agent of the person. The Idaho board of scaling practices may refuse to approve any log brand which is identical to or closely resembles a currently registered log brand. If approval is denied, the applicant will select another log brand. No person shall brand any prize log.

(4) The expiration date for all log brands registered prior to January 1, 1981, shall be February 28, 1994; the expiration date for all log brands registered from January 1, 1981, through December 31, 1985, shall be February 28, 1995; the expiration date for all log brands registered from January 1, 1986 through December 31, 1989, shall be February 28, 1996; the expiration date for all log brands registered from January 1, 1990, through December 31, 1992, shall be February 28, 1997. Beginning January 1, 1993, renewals or newly approved registrations shall expire on February 28, five (5) years after the year of registration or renewal. Notification of expiration will be sent during the month of September of the year preceding the expiration date. A renewal fee of twenty-five dollars ($25.00) shall be charged each time a log brand is renewed by the same person.

(5) To assign ownership of a currently registered log brand, the current registered owner of the log brand shall file with the Idaho board of scaling practices a signed and duly notarized instrument on forms provided by the board. Such forms shall specify the effective date of transfer, the assignee and the log brand to be assigned. A fee of twenty-five dollars ($25.00) shall be charged for each transfer. The transferred log brand will be issued a new registration number and shall expire February 28, five (5) years after the year of the transfer.

Any failure to renew a log brand as required by law shall be deemed an abandonment of same. Abandoned or canceled log brands shall not be reissued for a period of one (1) year unless the Idaho board of scaling practices so authorizes for cause. Any other person may be at liberty to adopt or use the abandoned log brand; but the other person shall not claim or use it until after it has been registered in the other person’s own name as provided by this section.

(6) Failure to comply with the provisions of this section shall be deemed a violation of the log brand law. Upon request of the Idaho board of scaling practices or its chairperson, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions. In addition, when deemed by the board to be necessary, the board may retain private counsel to institute and prosecute civil enforcement actions. Any person who has been determined to have violated the provisions of this chapter shall be liable for any expense, including reasonable attorney’s fees, incurred by the state in enforcing the provisions of this chapter. Any violation of this section shall be deemed a misdemeanor and any person, upon conviction, shall be sentenced to pay a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

History:

[38-808, added 1973, ch. 198, sec. 1, p. 449; am. 1993, ch. 92, sec. 1, p. 219; am. 1995, ch. 177, sec. 1, p. 660; am. 2008, ch. 200, sec. 2, p. 646.]