For
the purposes of this article:
1. "Animal" or "livestock" means any cattle,
horse, or mule; and
2. "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 impressed into the
hide of a live animal either with a hot iron or by the process
commonly referred to as "cold" or "freeze"
branding, and includes the location on the animal. The term means
both the mark and location
Added by Laws 1955, p. 31, art. 4, § 2. Amended by Laws 1965,
c. 199, § 1; Laws 1968, c. 10, § 1, emerg. eff. Feb.
6, 1968; Laws 2000, c. 243, § 27, emerg. eff. May 24, 2000.
§2-4-3.
Approval of brands - Certificates - Conflicts - brand
book.
The State Board of Agriculture shall approve brands for registration,
issue certificates, and serve as an adjudicating committee in
resolving conflicts. It shall publish a State brand
book which shall contain a facsimile of each registered
brand with the owner's name and address. The State brand
book shall also include laws and rules pertaining to
the registration of brands.
Added by Laws 1955, p. 31, art. 4, § 3. Amended by Laws 2000,
c. 243, § 28, emerg. eff. May 24, 2000.
§2-4-4.
Custodian of county brand books - Certified copies - Fees.
The State Board of Agriculture shall be the legal custodian of
county brand record books which were maintained under prior laws.
Upon request, the Board shall provide a certified copy of the
record of any brand appearing in the county brand record books,
charging a fee of One Dollar ($1.00) for each brand.
Added by Laws 1955, p. 31, art. 4, § 4. Amended by Laws 2000,
c. 243, § 29, emerg. eff. May 24, 2000.
§2-4-5.
Application for registration - Fees - Contents.
A. Any application for the registration of a brand shall be:
1. On a form prescribed by the State Board of Agriculture; and
2. Accompanied by a fee of Twenty Dollars ($20.00) for each brand.
B. The application for the registration of a brand shall show
the brand location to the following body regions of animals: right
or left shoulder, neck, rib, or hind quarter. Previously registered
brands are not affected.
C. The applicant shall list at least three distinct brands and
three locations in the preferred order.
Added by Laws 1955, p. 31, art. 4, § 5. Amended by Laws 1965,
c. 476, § 1; Laws 1977, c. 28, § 1; Laws 1984, c. 15,
§ 16, eff. Jan. 1, 1985; Laws 1994, c. 117, § 1; Laws
2000, c. 243, § 30, emerg. eff. May 24, 2000.
§2-4-6.
Use of unregistered brands - Duplication.
A. It shall be unlawful for any person to knowingly place upon
any livestock a brand which has not been registered with the State
Board of Agriculture if the brand duplicates one that is registered.
B. For purposes of this section, "duplication" means
the use of a similar brand in any location on the animal designated
for a registered brand.
Added by Laws 1955, p. 31, art. 4, § 6. Amended by Laws 2000,
c. 243, § 31, emerg. eff. May 24, 2000.
§2-4-7.
Publication of revised book - Reregistration - Fees - Copies to
officials.
A. The State Board of Agriculture shall publish a revised brand
book at least every five (5) years. Supplements may
be published as necessary.
B. Prior to publication of a revised State brand
book all registered brand owners and assignees shall
be notified in writing that the brand registrations are being
terminated.
C. The renewal fee of Twenty Dollars ($20.00) for the registration
of each brand shall be charged for the ensuing five year period
or fraction thereof.
D. The State brand
book and supplements shall be available to the public
at a price commensurate with the cost of preparation, printing,
and delivery thereof. Upon written request the Board shall provide
without charge all brand books and supplements to the county clerk
and sheriff of each county, any inspection agency, any livestock
association, or any entity approved by the Board.
Added by Laws 1955, p. 31, art. 4, § 7. Amended by Laws 1965,
c. 475, § 1; Laws 1977, c. 28, § 2; Laws 1989, c. 40,
§ 1, operative July 1, 1989; Laws 1994, c. 117, § 2;
Laws 2000, c. 243, § 32, emerg. eff. May 24, 2000.
§2-4-8.
Brands in current edition as prima facie evidence of ownership.
Brands in the current edition of the State brand
book and supplements shall be prima facie evidence
of ownership. An owner whose brand does not appear in the State
brand
book or a supplement shall produce evidence to establish
title to the property in the event of controversy.
Added by Laws 1955, p. 32, art. 4, § 8. Amended by Laws 2000,
c. 243, § 33, emerg. eff. May 24, 2000.
§2-4-9.
Questionable ownership of animals at markets - Withholding of
funds pending determination.
A. Any peace officer of the state or any livestock association
in the State of Oklahoma qualifying under federal law to perform
brand inspection services at specified markets shall have the
authority to order funds of an animal of questionable ownership
held until ownership is established.
B. If ownership is not established within thirty (30) days, the
funds shall be provided to the State Board of Agriculture and
held for one (1) year. If the ownership to the animal cannot be
ascertained, the funds shall be deposited in the State Department
of Agriculture Revolving Fund.
Added by Laws 1955, p. 32, art. 4, § 9. Amended by Laws 2000,
c. 243, § 34, emerg. eff. May 24, 2000.
§2-4-10.
Brands reserved to state.
The state reserves the brands of "B", "T",
and "A" on the tailhead of cattle. It shall be unlawful
for any person other than authorized agents of the State Board
of Agriculture to use any of such brands.
Added by Laws 1955, p. 32, art. 4, § 10, emerg. eff. June
3, 1955. Amended by Laws 1965, c. 450, § 1; Laws 1996, c.
138, § 2, emerg. eff. May 1, 1996; Laws 2000, c. 243, §
35, emerg. eff. May 24, 2000.
§2-4-11.
Brands in current edition subject to sale, transfer, etc. - Recording
- Fees.
Only brands appearing in the current edition of the State brand
book or supplement thereto, shall be subject to sale,
assignment, transfer, devise, or bequest. The transfer of title
shall be recorded with the State Board of Agriculture. The fee
for recording the transfer of title shall be Five Dollars ($5.00).
Added by Laws 1955, p. 32, art. 4, § 11. Amended by Laws
1994, c. 117, § 3; Laws 2000, c. 243, § 36, emerg. eff.
May 24, 2000.
§2-4-12.
Sale of branded livestock - Written transfer of ownership.
All persons selling livestock with a registered brand shall upon
request provide a written transfer of ownership to the purchaser.
Added by Laws 1955, p. 32, art. 4, § 12. Amended by Laws
2000, c. 243, § 37, emerg. eff. May 24, 2000.
§2-4-13.
"Dog Iron" brand.
The brand known as the "Dog Iron" brand, as shown and
listed on page 107 at line 23 of the 1950 Oklahoma Brand
Book, and which brand was used during his lifetime
by the late Will Rogers of Oologah and Claremore, Oklahoma, shall
be reserved to the State of Oklahoma for historical purposes.
It shall be unlawful for any person to use the brand for the branding
or marketing of animals, provided that the State Board of Agriculture
may register the brand in the name of any blood relative or descendant
of Will Rogers, so the brand may be perpetuated and preserved
for historical purposes and in honor of the memory of Will Rogers.
Added by Laws 1955, p. 32, art. 4, § 13. Amended by Laws
2000, c. 243, § 38, emerg. eff. May 24, 2000.
