Chapter
03.40. BRANDS AND MARKS
Sec. 03.40.010. Brands and marks.
Any
person owning cattle, reindeer, bison, muskox, elk, sheep, horses,
mules, or asses may adopt a brand or mark. After recording the
brand or mark as provided in AS 03.40.030 , the person has the
exclusive right to its use.
Sec.
03.40.020. Record of ownership.
The
owner may brand or mark an animal on either side with the owner's
brand or mark. The animal shall be branded or marked so that
the brand or mark shows distinctly. Sheep may be marked distinctly
with a mark or device to distinguish them readily when they
become intermixed with other flocks of sheep owned in the state.
Evidence of ownership by brand or mark may not be permitted
in any court in this state unless the brand or mark is recorded
as provided in AS 03.40.030 .
Sec.
03.40.030. Recording.
(a)
To adopt a brand or mark, a person shall forward to the commissioner
of natural resources a facsimile of the brand or mark, together
with a written application, and the recording fee of $2. Upon
receipt, the commissioner shall record the brand or mark unless
it is of record or conflicts or closely resembles that of some
other person, in which case the commissioner shall return the
facsimile and fee to the applicant. A brand described as being
on either side of the animal may not be accepted or recorded.
(b)
The commissioner shall file all brands or marks offered for
record pending examination. The commissioner shall make an examination
as promptly as possible, and if the brand or mark is accepted,
ownership thereof vests from the date of filing. The recording
of the brand or mark gives the applicant ownership thereof until
the next renewal period. A renewal period occurs every five
years, beginning with January 1, 1960. At least 90 days before
the expiration of each renewal period, the commissioner shall
notify every owner of a recorded brand or mark of the renewal
period and the owner shall pay to the commissioner a renewal
fee of $1 and furnish other information as may be required.
The renewal fee is due and payable on or before January 1 of
the renewal year, and if an owner fails, refuses, or neglects
to pay the renewal fee by March 1, of the renewal year, the
brand or mark is forfeited and becomes available for issuance
to another applicant.
Sec.
03.40.040. Copy of record; procurement; fee.
Upon
the recording of a brand or mark, the commissioner shall furnish
the owner with a certified copy of the record. Additional certified
copies of the record may be obtained by anyone upon the payment
of $1 for each copy.
Sec.
03.40.050. Use without certificate prohibited.
A
person may not brand any horse, cattle, reindeer, bison, muskox,
elk, mule, or ass, unless the person using the brand holds a
written certificate of acceptance from the commissioner.
Sec.
03.40.060. Penalty for use without certificate.
A
person who violates AS 03.40.050 is guilty of a misdemeanor,
and upon conviction is punishable by a fine of not less than
$50 nor more than $300.
Sec.
03.40.070. Brand is personal property.
A
recorded brand or mark is the property of the person causing
the record to be made, and is subject to sale, assignment, transfer,
devise, and descent, as personal property. Instruments of writing
evidencing the sale, assignment, or transfer of the brand or
mark shall be recorded by the commissioner, and the fee for
recording the sale, assignment, or transfer is $1. The recording
of the instrument is notice to all persons of the matter recorded.
Certified copies are admissible in evidence.
Sec.
03.40.080. Record is evidence of ownership.
In
all actions and proceedings in which the title to animals is
an issue, the certified copy provided for in AS 03.40.070 is
prima facie evidence of ownership of the animal by the person
whose brand or mark it may be.
Sec.
03.40.090. Publication of record.
The
commissioner shall publish, in book form, a list of all brands
and marks on record at the time of the publication. The lists
may be supplemented from time to time. The publication must
contain a facsimile of all recorded brands and marks, together
with the owner's name and mailing address. The records shall
be arranged in convenient form for reference. The books and
supplements may be sold to the general public at an amount not
to exceed $2 a copy.
Sec.
03.40.100. Penalty for branding another's livestock. [Repealed,
Sec. 21 ch 166 SLA 1978. For law concerning theft, see AS 11.46.100
- 11.46.295].Repealed
or Renumbered
Sec.
03.40.110. Animals from other states.
Any
person who brings into this state for grazing purposes, any
animals included in AS 03.40.010 already branded or marked,
shall present to the commissioner a statement of the brands
or marks of these animals. If these brands or marks conflict
with any previously recorded, the owner or manager of the animals
shall brand or mark them with a brand or mark that the commissioner
considers a brand or mark distinguishable from all brands or
marks recorded, and the owner shall be enjoined from further
use of the conflicting brand or mark. Failure to comply with
the provisions of this section renders the party liable for
damages resulting from the failure. This section applies to
all animals in this state whose brands or marks infringe on
previously recorded brands or marks.
Sec.
03.40.120. Sale of branded livestock.
A
person may not sell or otherwise dispose of any branded livestock,
or buy, purchase, or otherwise receive any branded livestock,
unless the person selling or disposing of the stock gives, and
the person buying, purchasing, or otherwise receiving the stock
receives a bill of sale in writing. A person who violates or
fails to comply with this section is guilty of a misdemeanor,
and upon conviction thereof is punishable by a fine of not less
than $25 or by imprisonment for not more than six months, or
by both.
Sec.
03.40.130. Exhibition of bill of sale by purchaser.
A
person who purchases, receives, or possesses any branded livestock,
either as principal or agent, shall exhibit, on request of any
person, the bill of sale of the stock. A person who violates
this section is guilty of a misdemeanor and upon conviction
is punishable as provided in AS 03.40.120 .
Sec.
03.40.140. Sale without power of attorney or bill of sale prohibited.
A
person may not sell or offer for sale or trade any branded livestock
which does not have the person's recorded brand, unless the
person has a bill of sale or power of attorney from the owner
of the stock, authorizing the sale. The bill of sale must state
the buyer's name and address, the date of transfer, the guarantee
of title, the number of cattle transferred, the sex, the brand,
the location of the brand, and the name and address of the seller.
The signature of the seller shall be attested by at least one
witness.
Sec.
03.40.150. Penalty for sale without power of attorney or bill
of sale; proof; defenses.
Every
person violating AS 03.40.140 is guilty of a felony, unless
the person upon trial establishes and proves that the person
was at the time the actual owner of the stock sold or traded
or offered for sale or trade, or that the person acted by the
direction of one proved to be the actual owner of the stock.
Every person convicted shall be imprisoned for not less than
two years nor more than five years. In prosecutions for a violation
of AS 03.40.140 it is not necessary to prove motive, intent,
or purpose on the part of the accused, or that the accused knew
that the stock were sold, traded, or offered in violation of
AS 03.40.140 . The fact of selling, trading, or offering for
sale or trade contrary to AS 03.40.140 , when proved, is sufficient
to authorize a conviction, unless the accused by testimony explains
the case made by the state in a manner consistent with good
faith and an innocent purpose.
Sec.
03.40.160. Slaughter permit. [Repealed, Sec. 23 ch 81 SLA 1984].Repealed
or Renumbered
Sec.
03.40.170. Penalty regarding slaughter permit. [Repealed, Sec.
1 ch 21 SLA 1985].Repealed
or Renumbered
Sec.
03.40.180. Preservation of hide required.
A
person may not kill, for the person's own use and consumption
or to offer for sale, any branded livestock without preserving
the hide of the animal intact for a period of not less than
15 days. The hide shall be presented for inspection upon demand
of any person.
Sec.
03.40.190. Inspected slaughterers exempt.
The
provisions of this chapter do not apply to packing plants in
this state where the United States Department of Agriculture
or the state maintains regular inspection.
Sec.
03.40.200. Record of branded hides.
A
person who purchases hides shall keep a record of all branded
hides of meat cattle purchased which states the name of the
person from whom purchased, the seller's place of residence,
the date of purchase, and the mark and brand on the hides. The
record shall be open for the inspection of stock growers, their
agents and employees at all times.
Sec.
03.40.210. Penalty for violation of AS 03.40.200 .
A
person who violates the provisions of AS 03.40.200 or who wilfully
neglects or refuses to do any act therein required is guilty
of a misdemeanor, and upon conviction is punishable by imprisonment
for a period not exceeding three months or by a fine not exceeding
$100.
Sec.
03.40.220. Reserved brand ""S'' on left jaw.
There
is reserved in the office of the commissioner a cattle brand
consisting of an "S" on the left jaw. This brand shall
not be assigned to any person in the state, and it is unlawful
for any person to use this brand except as provided in AS 03.40.230
.
Sec.
03.40.230. Branding of spayed heifers.
A
person, when spaying heifers, shall, upon request of the owner,
brand the heifers with an "S" on the left jaw, and
furnish the owner with a certificate that all heifers so branded
have been properly spayed.
Sec.
03.40.240. Penalty regarding spayed heifers.
A
person who violates AS 03.40.230 is guilty of a misdemeanor,
and upon conviction is punishable by a fine not less than $10
nor more than $100.
Sec.
03.40.250. Inspection of branded livestock.
The
commissioner, or an authorized agent, may, at any time, make
inspections of branded livestock to ascertain and enforce compliance
with this chapter.
Sec.
03.40.260. General penalty.
Any
person who violates any of the provisions of this chapter for
which a specific penalty is not provided is guilty of a misdemeanor,
and upon conviction is punishable by a fine of not less than
$25 nor more than $100 for each offense.
Sec.
03.40.270. Definitions.
As
used in this chapter, a "brand" means an identification
mark burned into the hide of a live animal.
