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Copyright
2004-2007
All rights reserved
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California
Cattle Brands are controlled by the California Food &
Agricultural Code. First we'll give you a recap of those regulations
and then show excepts of the actual code. For official information
about the Brand Laws for California and the Cattle Brands that
are governed by them, consult the state's web site.
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Branding
Recap:
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Branding
Required"
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Not
specified. |
Methods
Allowed:
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Specified
as acid, a chemical compound, or a hot iron. Freeze brands
cannot be used on cattle to indicate ownership in California.
However, freeze branding may be used on horses, mules, burros,
sheep and swine.
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Characters
Allowed:
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Letters,
numbers, or figures
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Size
Required:
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Not
specified.
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Brand
Location:
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Specified
by owner as part of the brand registration. There are six
branding positions for legal proof of ownership of cattle.
They are the left or right shoulder, rib or hip. If an earmark
is part of the brand marking, that must be indicated in
the brand registration.
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State
Agency:
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Brands are registered with and are the responsiblity of
the Department of Food and Agriculture.
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Brand
Book:
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The
California Brand Book is available online at: http://www.cdfa.ca.gov/ahfss/li/2002_Brand_Book.htm
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Reserved
Brands:
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Registration
Fee:
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$50.00
per brand to register through the following April 1st. Then
the brand must be re-registered for $60.00. The renewal
is good for 2 years. If not renewed, the brand is suspended
and cannot be used for branding. The brand owner may renew
within one year for an additional $25.00 penalty. Brands
not renewed for one year can be re-issued to other applicants.
The original brand owner who wishes to renew the brand after
a lapse of one year must submit a new application and a
$100.00 re-recording fee.
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Sale
or Transfer:
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Registered
brands may be sold or transferred by the owner. There is
a $50.00 transfer fee. Whenever there is any change in partners
or other ownership changes, a change in the registration
is required.
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Penalties:
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Criminal
and financial penalties are prescribed for violations of
the regulations including using someone else's brand as
well as the use of an unregistered brand.
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Proof
of Ownership:
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Brand
ownership provides prima facia evidence of ownership of
branded livestock.
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FOOD
AND AGRICULTURAL CODE
SECTION 20601-20610 20601.
It is the ultimate object of this division to provide for statewide
recordation of brands with the entire state as one branding
district.20602.
Brands for the purpose of establishing or indicating ownership
of cattle may be recorded pursuant to this chapter. Brands for
other purposes shall not be recorded.20603.
The chief shall, by regulation, prescribe the location on the
animal where different types of brands, including recorded brands
and cattle record brands, may be applied.20604.
It is unlawful for any person to brand any animal except in
accordance with the provisions of this chapter.20605.
It is unlawful for any person to use an unrecorded, forfeited,
or canceled brand.20606.
It is unlawful for any person to apply a recorded brand in any
location on the animal except that which is specified on the
brand registration certificate. The use of a brand on any location
except that which is specified on the brand registration certificate
is the same as the use of an unrecorded brand.20607.
It is unlawful for any person to use a brand on cattle indicating
ownership unless the cattle are owned by him or he has been
authorized by the owner of the cattle and the brand is recorded
under the owner's name and is on file with the Bureau of Livestock
Identification.20608.
Proof of possession or ownership of cattle with an unrecorded,
forfeited, or canceled brand establishes a rebuttable presumption
that the person in possession or the owner of the cattle has
branded them with such brand. This presumption is a presumption
affecting the burden of proof.20609.
In every suit at law or in equity, if the title to any animal
is involved, proof of the brand of the animal establishes a
rebuttable presumption that the owner of the brand was the owner
of the animal at all times during which the brand was duly recorded
as provided in this code. This presumption is a presumption
affecting the burden of proof. The right of any person to use
such brand may be established by a
certified copy of the brand records on file in the bureau.20610.
(a) The owner of cattle brought into this state from out of
state for grazing purposes may apply to the director for a permit
to allow the branding of the cattle with a brand recorded in
another state. The director may issue a permit for this purpose
under all of the following conditions:
(1) The owner of an identical brand recorded for use in this
state has been notified and has given written consent for the
use of the brand.
(2) The brand is limited to use on suckling calves which are
accompanied by their mothers bearing the same brand.
(3) The herd is inspected by the bureau prior to branding.
(b) The director may charge a fee for inspection as provided
in Article 9 (commencing with Section 21281) of Chapter 6, including
a time and mileage charge, to cover the cost of providing the
inspection.
(c) The director may establish and charge a fee to cover the
cost of issuing the permit authorized by this section. The fee
for the permit shall not exceed one hundred dollars ($100).
(d) This section is applicable only to those cattle brought
into this state from a state which has implemented a reciprocal
program for cattle from this state.
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FOOD
AND AGRICULTURAL CODE
SECTION 20631-20633
20631.
Venting a brand consists of rebranding a branded animal, by
the owner of the animal, for the purpose of voiding his prior
brand.
20632.
A vent brand may be applied on the loin of an animal which corresponds
to the side the owner's registered brand.
20633.
Only the owner's recorded brand may be used as a vent. Recordings
shall not be issued which allow the use of any other brand
as a vent.
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FOOD
AND AGRICULTURAL CODE
SECTION 20661-20672
20661.
Any person that desires to use a brand in this state may acquire
the right to do so pursuant to this chapter. Application forms
for this purpose shall be furnished by the bureau upon request.
20662.
To conform to the objective of this chapter, all applications
for the recordation of a brand shall be accepted by the chief
only if the proposed brand design fulfills the following requirements:
(a) Is not in conflict with any other recorded brand in this
state.
(b) Is capable of producing a like design when burned into the
hide of an animal.
(c) Is capable of readily symbolizing the intended design to
any person who views it.
(d) Lends itself to common verbal description.
20663.
An application for the recordation of a brand shall be filed
with the bureau.
20664.
The application shall contain all of the following:
(a) A facsimile of the brand which is sought to be recorded.
(b) A statement of the location on the animal where the brand
is to be applied.
(c) The name and address of the applicant.
(d) The signature of a parent or guardian if the applicant is
under 18 years of age.
20665.
A mark may be recorded only with a brand. If a mark is sought
to be recorded with a brand, the application shall also contain
a diagram which shows the manner of marking.
20666.
Upon receipt of an application, the bureau shall examine the
application and compare the design applied for with brands that
are already of record.
20667. An application shall not be accepted for the recordation
of a brand which consists only of a mark.
20668.
An application shall not be accepted for the recordation of
a brand if the brand is to be applied to any of the following:
(a) Either jaw.
(b) The face.
(c) The nose.
(d) Either loin.
(e) The breeching of an animal.
20669.
An application shall not be accepted for the recordation of
a brand which is accompanied by a mark if the use of the mark
involves cutting off more than one-half of an ear.
20670.
An application shall not be accepted for the recordation of
a brand except upon the payment of the fee for the recordation
of the brand.
20671.
If the application does not conform to the requirements of,
or cannot be accepted pursuant to, this chapter, a statement
of the reason why it cannot be accepted shall be transmitted
to the applicant.
20672.
Any person who is aggrieved at any determination made pursuant
to Section 20662 may appeal in person to the Livestock Identification
Advisory Board. Upon receipt of a written request from the person
appealing the decision, such person shall be permitted to present
his views to the board. The board may recommend to the director
to affirm, reverse, or modify the determination. The decision
of the director shall be final.
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FOOD
AND AGRICULTURAL CODE
SECTION 20691-20701
20691.
The bureau shall maintain a record of all brands that are recorded,
except forfeited or canceled brands which are subject to Section
20701.
20692.
Any person, upon request to the bureau, shall be furnished information
as to any recorded brand.
20693.
A brand shall not be recorded if it consists of any letters
or characters which are applied in more than one branding location
on the animal.
20694.
A brand shall not be recorded for any person under 18 years
of age unless the application is countersigned by his parent
or guardian.
20695.
Recordation of a brand consists of entering in the brand records
the matters which are contained in the application, together
with the date of recordation, and the execution by the bureau
of a cattle brand registration certificate.
20696.
The original cattle brand registration certificate shall be
kept on file in the bureau. A duplicate certificate shall be
issued to the person in whose name the brand is recorded.
20697.
The issuance to a person of a cattle brand registration certificate
confers upon the person to whom it is issued both of the following:
(a) The right to use the brand until the right to use it is
forfeited or the record of the brand is canceled pursuant to
this chapter.
(b) The right to use the same brand on the same location on
horses, mules, burros, sheep, and swine if not in conflict with
a previously recorded brand.
20698.
The right to use a brand is a property right and may be sold
or otherwise transferred.
20699.
A transferee of a brand shall not use the brand until the transfer
has been recorded by the bureau.
20700.
The record of any brand may be canceled at any time upon the
written request of the person in whose name it is recorded.
20701.
The records of brands which have been forfeited or canceled
for more than five years may be removed from the files and destroyed.
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FOOD
AND AGRICULTURAL CODE SECTION 20721-20724
20721.
The right to use a recorded brand is lost by the failure to
pay the fees which are required by Article 6 (commencing with
Section 20751) of this chapter.
20722.
If the renewal fee that is required by Article 6 (commencing
with Section 20751) is not paid by April 30th following the
recordation of the brand, or by April 30th of the year that
follows the last year for which the renewal fee has been paid,
the right to use the brand is suspended by operation of law
as of April 1st of that year.
20723.
If the right to use a brand is suspended for more than one year,
the right is forfeited on April 1st following the year of suspension.
The brand, thereafter, may be rerecorded by the former owner
or it may be applied for by any other person pursuant to this
chapter.
20724.
The right to use any brand which conflicts with any brand which
has a prior cattle brand registration certificate number pursuant
to this chapter is forfeited. All recordations shall be on `a
statewide basis.
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FOOD
AND AGRICULTURAL CODE
SECTION 20751-20760
20751.
The fee for each application for recording a brand is fifty
dollars ($50).
20752.
The fee entitles the applicant to the recordation of one brand,
one duplicate brand registration certificate, and the right
to use the brand until the following April 1st. The fee for
each additional duplicate is seven dollars ($7).
20754.
Except as otherwise provided in Section 20755, the owner of
a brand shall, on or before April 30th after its recordation,
pay to the bureau a biennial period renewal fee of fifty dollars
($50) for the right to continue to use the brand.
20755.
The owner of a recorded brand may, on or before April 30th of
any year, pay in advance to the bureau a sum which is a multiple
of fifty dollars ($50). The payment entitles him or her to use
the brand for a minimum of two years, but not to exceed 10 years,
at the rate of twenty-five dollars ($25) per year from and after
April 1st of that year. If the advance payment is made, biennial
renewals for the years within the period for which advance payment
has been made are not required.
20756.
If the right to use a brand is suspended for failure to pay
the renewal fee, it may be reinstated within one year from the
date of suspension upon the payment of the biennial renewal
fee of fifty dollars ($50) plus a twenty-five dollar ($25) penalty
fee.
20757.
(a) Except as provided in subdivision (b), the fee for rerecording
a forfeited or canceled brand shall be one hundred dollars ($100).
This amount shall accompany the application to rerecord.
(b) When a penalty has been paid pursuant to Section 20222,
within 30 days of the date the application to rerecord is received
by the director, the fee to rerecord shall be fifty dollars
($50).
20758.
The fee for recording the transfer of a brand, including a new
certificate, is fifty dollars ($50).
20759.
If the applicant fails to submit within 60 days of the date
of receipt by the department of application for recording or
re-recording a brand, or for recording the transfer of a brand,
any information or document which is required by this chapter,
the application lapses. The applicant is not entitled to the
recording or re-recording of the brand, or the recording of
the transfer of the brand, unless and until he submits a new
application and another fee for it.
20760.
The fees or penalties prescribed in this article may be raised
or lowered under one of the following conditions:
(a) Lowered by the director, based upon a finding and recommendation
of the Livestock Identification Advisory Board, whenever they
determine that the cost of administering and enforcing the provisions
of this division may be maintained with a lower fee.
(b) Increased by an amount not to exceed 20 percent of the statutory
fee, by the director upon the recommendation of the Livestock
Identification Advisory Board whenever the board determines
that the costs of administering and enforcing the provisions
of this division require a greater fee. The advisory board shall
approve any increase in fees by a two-thirds vote of its entire
membership.
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FOOD
AND AGRICULTURAL CODE SECTION 20791-20797
20791.
If the brand records on file with the bureau disclose that two
or more brands have been recorded which appear to be so similar
as to be misleading or conflicting, the chief may, and upon
request of the owner of one of such brands he shall, cause an
investigation to be made and a hearing held upon the matter.
20792.
Notice of the hearing shall be given to each interested person
at least 10 days prior to the hearing.
20793.
At the hearing, the chief shall first determine if the brands
are so similar as to be misleading or conflicting. The chief
shall dismiss the proceedings as to any brands which he finds
are not so similar as to be misleading or conflicting.
20794.
If, at the hearing, the chief finds that two or more brands
have been recorded which are so similar as to be misleading
or conflicting, he shall determine which of the conflicting
brands has been of record for the longest consecutive period
of time. The owner of such brand has the right to continue to
use his brand. The conflicting brand shall be canceled.
20795.
The owner of a recorded brand may request the chief to make
an investigation if there are cattle other than his own which
bear a brand so similar to such owner's brand as to be misleading
or conflicting.
20796.
If, after the investigation, the chief finds sufficient cause
for such action, he may require that the cattle, other than
those of the owner of the brand which is recorded, be branded
with some other brand which is approved by the chief and recorded
pursuant to this chapter.
20797.
Any person who loses his or her right to use a brand as a result
of the determination of the chief pursuant to this article may
appeal to the secretary within 15 days. The secretary may affirm,
reverse, or modify the determination of the chief.
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FOOD
AND AGRICULTURAL CODE SECTION 20901-20906
20901.
Notwithstanding any other provision of this division, cattle
may be branded pursuant to this chapter.
20902.
A cattle record brand shall be used only for purposes of identification.
It is not evidence of ownership.
20903.
A cattle record brand shall not be recorded.
20904.
A cattle record brand may be placed upon either loin in front
of the hip and behind the ribs of the animal.
20905.
A cattle record brand for dairy cattle of the Holstein, Jersey,
Guernsey, Ayrshire, Brown Swiss, Dutch Belted, and Milking Shorthorn
breeds may be placed upon the right hip rather than upon the
loin.
20906. A cattle record brand consists of:
(a) Consecutive numerals, letters, or a combination of numerals
or letters if placed upon the loin of an animal.
(b) At least three consecutive numerals that constitute a number
greater than 200 if placed upon the right hip of an animal.
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There
are more sections of the California Code that deal with Brands
but they tend to deal with the sale of livestock, brand inspections
and other topics. You can see the entire code by CLICKING
HERE.
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Legal
Disclaimer: This information contains only selected sections
of the California Statutes. This information is provided for
your convenience but is not Official and you should not base
any financial or legal decisions on this information. For official
information, contact the State of California. DKOP L.L.C. and
ranchirons.com do not warrant or offer any guarantee of any
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