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Copyright
2004-2007
All rights reserved
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Legal
Disclaimer: The following information contains only selected
sections of the Kentucky 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 Kentucky. DKOP L.L.C.
and ranchirons.com do not warrant or offer any guarantee of
any kind regarding the information shown on this page.
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253.010
Definitions for chapter.
As used in this chapter, unless the context otherwise requires:
(1) "Animal" means any cattle, horse or mule;
(2) "Board" means the State Board of Agriculture;
(3) "Brand" means a permanent identification mark
of which the letters, numbers and figures used are each three
(3) inches or more in length or diameter and are humanly burned
into the hide of a live animal with a hot iron or tattoo or
caustic chemical substance and is to be considered in relation
to its location on the animal and the term relates to both the
mark and location;
(4) "Commissioner" means the Commissioner of Agriculture;
(5) "Livestock" means any cattle, horse or mule;
(6) "Mark" means a permanent cut identification from
the ear of a live animal.
History: Created 1964 Ky. Acts ch. 167, sec. 1.
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253.020
Approval of brands -- Conflicts -- Report.
The board shall approve brands for registration and issue certificates
of approval, and shall serve as an adjudicating committee in
the matter of deciding and determining conflicts of brands and
its decision shall be final. It shall publish a state report
containing a facsimile of each and every brand and mark that
is registered with the board, showing the owner's name and address,
together with pertinent laws, rules and regulations pertaining
to the registration and reregistration of brands.
History: Created 1964 Ky. Acts ch. 167, sec. 3.
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253.030
Records of brands -- Kept and furnished.
The board is the legal custodian of any county record that may
have been maintained under prior programs and shall upon request
furnish a certified copy of the record of any brand appearing
in the county brand record books and shall charge a fee of one
dollar ($1) for each such brand.
History: Created 1964 Ky. Acts ch. 167, sec. 4.
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253.040
Registration of brand -- Application -- Fee.
Any application for the registration of a mark or brand with
the board shall be on a form prescribed by the board and shall
be accompanied by a fee of ten dollars ($10) for each mark or
brand to be registered. Any such application for a brand shall
show the brand location to the following body regions of animals:
neck, shoulder, rib and hip. When a requested brand has been
filed previously, the Commissioner and the applicant shall agree
on a second choice of brand and body location.
History: Created 1964 Ky. Acts ch. 167, sec. 5.
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253.050
Report of registered brands -- Registration -- Fee -- Records.
The board shall publish at such times as it deems necessary
a report of the brands that have been registered. Every five
(5) years thereafter all brands shall be reregistered. The Commissioner
shall notify each brand owner and provide the necessary forms.
A reregistration fee of five dollars ($5) for each brand shall
be charged for the ensuing five (5) year period or fraction
thereof. The county clerk and the sheriff of each county, or
authority approved by the board shall receive all brand reports
without cost and the books shall remain as a part of the permanent
records of their respective offices.
History: Created 1964 Ky. Acts ch. 167, sec. 6.
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253.060
State report evidence of ownership.
Brands appearing in the current edition of the state report,
or supplements thereto, shall be prima facie evidence of ownership
and take precedence over brands of like and kind should the
question of ownership arise. An owner whose brand does not appear
in the state report, or a supplement thereto, shall produce
evidence to establish his title to the property in the event
of controversy.
History: Created 1964 Ky. Acts ch. 167, sec. 7.
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253.070
Funds from animal of doubtful ownership held -- Forfeiture.
Any peace officer of the state may order funds derived from
the sale of an animal of questionable ownership held until ownership
is established. If ownership is not established within thirty
(30) days, the person holding the funds shall remit them to
the board, which shall hold the funds for one (1) year. If the
title to the animal in question is not ascertained, then the
funds shall be deposited in and become a part of the State Department
of Agriculture trust fund.
History: Amended 1966 Ky. Acts ch. 255, sec. 222. -- Created
1964 Ky. Acts ch. 167, sec. 8.
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253.080
Brands reserved to state.
There is hereby reserved to the State of Kentucky the brands
of "B" and "T" on the jaw of cattle, and
"V" and "AV" on the body, and it shall be
unlawful for any person other than authorized agents of the
State Board of Agriculture to use any of these brands. Cattle
carrying the "B" on the jaw shall be recognized as
reactors to brucellosis abortus (Bangs disease). Cattle carrying
the brand "T" on the jaw shall be recognized as reactors
to bovine tuberculosis. Cattle carrying the brand "V"
or "AV" on the body are officially calfhood vaccinated.
History: Created 1964 Ky. Acts ch. 167, sec. 9.
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253.090
Transfer or sale of registered brands -- Fee.
Only brands appearing in the current edition of the state report,
or a supplement thereto, shall be subject to sale, assignment,
transfer, devise or bequest. The transfer of title must be recorded
with the Commissioner. The fee for recording the transfer of
title is one dollar ($1).
History: Created 1964 Ky. Acts ch. 167, sec. 10.
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253.100
Transfer of branded animals in writing.
All persons selling livestock branded with their brand, or brand
and mark, recorded in a current state report or a supplement
thereto, shall, upon request of a purchaser of such livestock,
execute a written transfer of ownership to the purchaser.
History: Created 1964 Ky. Acts ch. 167, sec. 11.
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253.110
Duties of Commissioner -- Administrative regulations.
Except as otherwise provided in this chapter and except as may
be directed by the board, the powers, duties, and functions
vested by this chapter in the board shall be exercised and performed
by the Commissioner. The board may promulgate administrative
regulations and hold administrative hearings, in accordance
with KRS Chapter 13B, as required to carry out the provisions
and intent of this chapter.
Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch.
318, sec. 181, effective July 15, 1996. -- Created 1964 Ky.
Acts ch. 167, sec. 2.
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253.120
Fees -- How deposited.
All fees charged and collected under the provisions of this
chapter shall be deposited in the State Department of Agriculture
trust fund.
History: Created 1964 Ky. Acts ch. 167, sec. 12.
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253.130
Unauthorized use of registered brand -- Misdemeanor.
Any person who knowingly places upon any livestock a mark or
brand which has not been registered with the board shall, if
such mark or brand duplicates one that is registered with the
board, be guilty of a misdemeanor. Such duplication shall be
the use of a similar brand,
used in any position on the animal designated for the use of
a registered brand, such as the neck, shoulder, rib or hip.
History: Created 1964 Ky. Acts ch. 167, sec. 13.
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253.990
Penalty.
Any person who knowingly alters or defaces the marks or brands
on any cattle not his own, without the consent of the owner,
shall be fined not more than two hundred dollars ($200), or
imprisoned for not more than six (6) months, or both.
Effective: July 15, 1980 History: Created 1980 Ky. Acts ch.
49, sec. 9, effective July 15, 1980.
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