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Copyright
2004-2007
All rights reserved
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Ohio
Cattle Brands are controlled by the Ohio Brand Laws. 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 Ohio 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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Earmarking
and branding are aqllowed as marking methods in addition to
the actual brands and must be registered along with the brand.
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Methods
Allowed:
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Hot
iron and freeze branding are the allowable methods of branding.
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Characters
Allowed:
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Numbers,
letters, symbols and characters are allowed.
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Size
Required:
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All
cattle brands must be a minimum of three inches in height
and all other brands must be a minimum of two inches in
height.
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Brand
Location:
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A
specific location on the animal must be identified as part
of the brand registration. Horses must be branded on the
neck or shoulder no matter what the location is for other
livestock.
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State
Agency:
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Brands are the responsiblity of the Ohio Department of Agriculture.
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Brand
Book:
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Yes.
Published each year with supplements if necessary. Available
for purchase.
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Reserved
Brands:
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Registration
Fee:
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Less
than $25.00 per brand to register plus a renewal fee of
$25.00 every 5 years. Brands not renewed can be re-issued
to other applicants after a 5 year wait.
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Sale
or Transfer:
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Registered
brands may be sold or transferred by the owner.
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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 and
mutilating the brand on an animal.
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Proof
of Ownership:
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Certified
copy of Brand ownership provides prima facia evidence of
ownership of branded livestock.
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Legal
Disclaimer: This information contains only selected sections
of the Ohio 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 Ohio. 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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§
947.01. Definitions.
As used in this chapter:
(A) "Brand" means a distinctive design, mark of identification,
or number that is applied to the hide of livestock by a hot
iron or other humane method approved by the director of agriculture
and is currently registered under section 947.02 of the Revised
Code.
(B) "Livestock" means cattle, sheep, goats, and other
animals of the family bovidae, swine and other animals of the
family suidae, and horses, mules, burros, asses, and other animals
of the family equidae.
(C) "Person" includes an individual, firm, association,
partnership, corporation, or other legal entity, and the state
and any of its agencies, institutions, instrumentalities, or
political subdivisions.
HISTORY: 140 v S 374. Eff 4-4-85.
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§
947.02. Registration and publication of livestock brands.
(A) The director of agriculture shall record livestock brands
and maintain a central registry of brands. The director shall
publish a booklet of brands registered pursuant to this section,
containing a facsimile of each registered brand and the name
and address of the individual to whom it is registered. The
director shall update or supplement the booklet at least once
annually and shall provide copies of the booklet and any updating
or supplemental materials, free of charge, to all state and
county law enforcement agencies in Ohio. The director shall
also provide copies of the booklet and updating or supplemental
materials to the public upon request and payment of a fee established
by the director. The fee shall reasonably relate to the cost
of printing and mailing the booklet and materials.
(B) A person owning livestock in this state may apply to register
and obtain the right to exclusive use of a brand by filing an
application with the director on a form approved and provided
by the director. The director shall register a brand received
upon application and payment of the fee authorized by this section
unless the brand submitted is identical to or, in the director's
opinion, so similar to a brand previously recorded as to cause
confusion as to the identity or ownership of livestock. If the
director rejects an application, he shall return a facsimile
brand submitted with the application, refund the recording fee,
and explain the basis for the rejection to the applicant.
(C) If the director accepts an application, he shall record
and maintain the brand in the central registry of the department,
furnish the applicant with a certificate as evidence of the
registration, and inform the applicant that he has, from the
date of filing, exclusive right to the use of the brand in this
state.
(D) If the director receives two or more acceptable applications
for the same or a similar brand, he shall make a determination
as to which application will be accepted. In making this determination,
the director shall consider all factors he deems relevant, including,
but not limited to, the length of time that any of the applicants
have used the brand prior to applying for registration under
this section.
(E) The director may not concurrently register more than one
brand name in the name of the owner of livestock in this state.
(F) Registration of a brand is for five years. Registrations
may be renewed for periods of five years under procedures prescribed
by rule of the director.
(G) The director shall establish, by rule, fees for the registration,
renewal, reinstatement, and reregistration of brands under this
section and section 947.03 of the Revised Code. The fees shall
be reasonably related to the cost of the transaction, but shall
not exceed twenty-five dollars.
(H) In any civil or criminal proceedings in this state in which
title to or ownership of livestock is in dispute, a certificate
of registration issued pursuant to division (C) of this section
or of reregistration issued pursuant to section 945.03 of the
Revised Code is prima facie evidence of ownership by the holder
of the certificate of all livestock bearing the brand described
in the certificate.
HISTORY: 140 v S 374. Eff 4-4-85.
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§
947.03. Transfer of registered brand; reregistration.
A brand currently registered under section 947.02 of the Revised
Code is personal property of the person in whose name it is
registered and may be sold, assigned, transferred, or bequeathed
or pass under the laws of descent and distribution as other
personal property. However, the buyer or other assignee or transferee
of a currently registered brand shall apply to the director
of agriculture on a form prescribed and provided by the director
for the reregistration of the brand in the name of the buyer,
assignee, or other transferee. On receipt of the application,
fee, and such proof of sale or assignment that the director
may require, the director shall reregister the brand in the
name of the buyer, assignee, or other transferee.
HISTORY: 140 v S 374. Eff 4-4-85.
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§
947.04. Seller of branded livestock to execute bill of sale;
waybill or bill of lading.
(A) A person who sells livestock branded with a brand shall
execute to the purchaser a written bill of sale bearing the
signature and residence of the seller, the name and address
of the purchaser, the total number of livestock sold, a description
of each animal sold as to sex and kind, and identification of
the brand and shall give a copy of the bill of sale to each
hauler of livestock, other than railroads, to accompany the
shipment of livestock while in transit. The bill of sale or
a copy shall be shown by the possessor on demand to any law
enforcement officer. The bill of sale is prima-facie evidence
of the conveyance of title of the livestock described by the
bill of sale.
(B) A person engaged in the business of transporting or hauling
livestock in this state shall, upon receiving livestock for
transportation, issue a waybill or bill of lading for all livestock
transported or hauled. The waybill or bill of lading shall accompany
the shipment of livestock and a copy shall be furnished to the
person delivering livestock to the hauler. The waybill or bill
of lading shall show the place of origin and destination of
the shipment, the name of the owner of the livestock, the date
and time of loading, the name of person or company hauling the
livestock, the number of livestock and a general description
thereof, and identification of the brands. The waybill or bill
of lading shall be signed by the person delivering the livestock
to the hauler certifying that the information contained therein
is correct.
HISTORY: 140 v S 374. Eff 4-4-85.
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§
947.05. Offenses involving brands.
(A) No person, with purpose to deprive the owner of livestock
and without privilege to do so, shall knowingly apply a brand
to livestock owned by another or knowingly destroy or alter
a brand on livestock owned by another.
(B) No person shall knowingly offer to sell, sell, purchase,
or transport livestock on which a brand has been destroyed or
altered for the purpose of depriving the owner of the livestock.
(C) No person, without privilege to do so, shall knowingly use
a brand registered to another.
(D) No person shall knowingly apply a brand to livestock in
a way that overlaps, disfigures, mutilates, or destroys a brand
or other mark of identification or ownership previously applied.
HISTORY: 140 v S 374. Eff 4-4-85.
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§
947.06. Rules; notice of thefts; brand registration fund.
(A) The director of agriculture shall adopt rules, subject to
Chapter 119. of the Revised Code, to implement, administer,
and enforce this chapter. No person shall violate such a rule
of the director.
(B) In cooperation with law enforcement officers in this and
other states, the director shall develop a uniform procedure
for notifying livestock marketing and slaughtering establishments
of reported livestock thefts and of any brands or other identifying
marks on such livestock.
(C) Moneys received by the director under sections 947.01 to
947.06 of the Revised Code shall be deposited in the brand registration
fund, which is hereby created in the state treasury. The director
shall spend moneys from the fund to pay the costs and expenses
of administering sections 947.01 to 947.06 of the Revised Code.
HISTORY: 140 v S 374 (Eff 4-4-85); 141 v H 201. Eff 7-1-85.
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§
947.11. Identification number program for farm equipment, livestock
and grain.
The director of agriculture may, by rule adopted under Chapter
119. of the Revised Code, establish and administer a program
for registering identification numbers for farm equipment, livestock,
and grain. The rules may provide for a central registry of identification
numbers, the transfer, renewal, reinstatement, and reregistration
of numbers, for fees, assuring that registrants are entitled
to exclusive use of a number during periods of current registration,
and other matters necessary and convenient for administration
or enforcement of the program.
Moneys received by the director pursuant to rules adopted under
this section shall be deposited in the identification number
fund, which is hereby created in the state treasury. The director
shall spend moneys from the fund to pay the costs and expenses
of administering this section.
HISTORY: 140 v S 374 (Eff 4-4-85); 141 v H 201. Eff 7-1-85.
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§
947.99. Penalties.
(A) Whoever violates section 947.04 of the Revised Code is guilty
of a misdemeanor of the second degree.
(B) Whoever violates division (A) or (B) of section 947.05 of
the Revised Code is guilty of a felony of the fourth degree.
(C) Whoever violates division (C) of section 947.05 of the Revised
Code is guilty of a misdemeanor of the first degree.
(D) Whoever violates division (D) of section 947.05 of the Revised
Code is guilty of a minor misdemeanor.
(E) Whoever violates a rule of the director of agriculture adopted
under section 947.06 or 947.11 of the Revised Code is guilty
of a misdemeanor of the third degree.
HISTORY: 140 v S 374 (Eff 4-4-85); 146 v S 2. Eff 7-1-96.
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§
959.12. Alteration of brands.
No person shall maliciously alter or deface an artificial earmark
or brand upon a horse, mare, foal, filly, jack, mule, sheep,
goat, cow, steer, bull, heifer, ass, ox, swine, that is the
property of another.
HISTORY: RS § 6850; S&C 430; 29 v 144, § 20; GC
§ 13375; Bureau of Code Revision. Eff 10-1-53.
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