SUBCHAPTER
B - IDENTIFICATION OF DOMESTIC ANIMALS
§ 2311. General authority.
§ 2312. Adoption of form of identification.
§ 2313. Certified copies.
§ 2314. Brand, tattoo or other form of identification as
proof of ownership.
§ 2315. Disputes in custody or ownership.
§ 2316. Sale or assignment of form of identification.
§ 2317. Violations and penalty.
§ 2318. Fees and forfeiture.
§
2311. General authority.
The department shall have authority to impose requirements and
methods for the identification of domestic animals owned, kept,
possessed or transported within this Commonwealth. The department
shall authorize and record the adoption and exclusive use of
unique identification marks, numbers or devices, including distinctive
branding marks, tattoos, microchips and other forms of identification
that are affixed upon domestic animals, and shall maintain a
registry of such forms of identification. The department may
establish through regulations fees for the assignment, registry
and exclusive use of forms of identification registered under
this subchapter. Any regulations developed under this section
shall not conflict with Federal regulations regarding the identification
of domestic animals.
§
2312. Adoption of form of identification.
(a) General authority.A domestic animal owner may adopt a brand,
tattoo or other form of identification with which to identify
domestic animals owned by such person through the procedure
set forth in this subchapter. A form of identification recorded
in compliance with this subchapter shall be considered the personal
property of the person who records it. Such person shall have
the exclusive right to use this form of identification within
this Commonwealth.
(b)
Application, facsimile and fee.A person desiring to adopt a
form of identification shall submit an application form, a facsimile
of the form of identification and a recording fee of $25 to
the department. The department shall provide the application
form upon request. This fee may be changed by the department
through regulations.
(c)
Provisional filing.It shall be the duty of the department to
file all forms of identification offered for recording, keeping
account of the date and chronological order of receipt, pending
the review and examination provided for in subsection (d). If
the form of identification is subsequently accepted for recording,
ownership of the form of identification shall vest from the
date of filing.
(d)
Review.The department shall have the power to examine, approve,
accept or reject an application to record a brand, tattoo or
other form of identification. Following receipt of the required
application, facsimile and fee, the department shall, as promptly
as possible, determine whether the form of identification is
of record as that of some other person and whether the form
of identification conflicts with or closely resembles that of
another person. If neither of these conditions exist, the department
shall record the form of identification. If either or both of
these conditions exist, the department shall not record the
form of identification, but shall instead return the recording
fee and facsimile to the applicant.
§
2313. Certified copies.
(a) Issuance.If a form of identification is recorded, the department
shall furnish its owner with two certified copies of the record
of the form of identification. Upon receipt of written evidence
of the sale, assignment or transfer of a form of identification,
the department shall furnish the new owner with two certified
copies of the record of the form of identification. Additional
copies may be obtained by the payment of $15 for each copy.
This fee may be changed by the department through regulations.
(b)
Filing.Within ten days of receiving the two certified copies
of the record of the form of identification, the owner of the
recorded form of identification shall file one of the certified
copies in the office of the county recorder of the county where
the owner's principal place of business is located and one copy
in each county where domestic animals bearing the recorded form
of identification are to be kept. If the form of identification
had a prior owner and the prior owner filed a certified copy
in any other county, the subsequent owner shall file a certified
copy in each county in which the previous owner had filed.
§
2314. Brand, tattoo or other form of identification as proof
of ownership.
In all suits at law or in equity or in any criminal proceedings
in which the title to domestic animals is an issue, the certified
copies recorded pursuant to section 2313 (relating to certified
copies) shall be prima facie evidence of the ownership of the
domestic animal by the person in whose name the brand, tattoo
or other form of identification is recorded.
§
2315. Disputes in custody or ownership.
Disputes in custody or ownership of domestic animals that bear
brands, tattoos or other forms of identification shall be investigated
on request by the sheriff of the county where the domestic animals
are located. The sheriff may call upon the services of a licensed
veterinarian in reading the brands, tattoos or other forms of
identification on domestic animals. The cost of the veterinarian's
services shall be borne by the person requesting the investigation.
The results of the sheriff's investigation shall be a public
record and shall be admissible in evidence.
§
2316. Sale or assignment of form of identification.
Any form of identification recorded pursuant to this subchapter
shall be the property of the person causing such record to be
made and shall be subject to sale, assignment, transfer, devise
and descent as personal property. Instruments of writing evidencing
the sale, assignment or transfer of such form of identification
shall be recorded by the department. The fee for recording such
sale, assignment or transfer shall be $5. This fee may be changed
by the department through regulations.
§
2317. Violations and penalty.
(a) Unauthorized brands.It shall be unlawful for a person to
use any brand for the branding of domestic animals unless the
brand has been recorded pursuant to this subchapter or unless
the use of a brand or the branding procedure is authorized under
any other provision of this chapter.
(b)
Affixing forms of identification by nonowners.It shall be unlawful
for a person to affix, attempt to affix or cause to be affixed
a form of identification upon the domestic animal of another
without the owner's consent.
(c)
Tampering.It shall be unlawful for a person to efface, deface
or obliterate or attempt to efface, deface or obliterate any
brand, tattoo or other form of identification upon any domestic
animal belonging to another person. It shall be unlawful for
a person to efface, deface, obliterate, conceal, remove or attempt
to remove any official domestic animal identification of the
department, the United States Department of Agriculture or any
other state department of agriculture.
(d)
Form of identification of another.It shall be unlawful for a
person to affix, attempt to affix or cause to be affixed upon
any domestic animal the form of identification of another.
(e)
Other false identification.It shall be unlawful for any person
to place, attach or use on a domestic animal, or to cause to
be placed, attached or used on a domestic animal, or to attempt
to place, attach or use on a domestic animal, any form of identification
such as a brand, tattoo, tag, emblem, marking, microchip or
other identifying mark, number or device that such person knows
misrepresents the identity or health of the domestic animal,
with intent to interfere or deceive in the identification, testing,
vaccinating, selling, transfer or slaughter of the domestic
animal.
(f)
Penalty.Any person who is convicted of violating any provision
of this subchapter shall be guilty of a misdemeanor of the second
degree and may be imprisoned for not more than two years and
be fined not more than $5,000.
§
2318. Fees and forfeiture.
An owner of a form of identification of record shall pay the
department a fee of $5 on January 1 of every fifth year from
the year in which the form of identification was recorded with
the department as that owner's property. This fee may be changed
by the department through regulations. The department shall
give a receipt for all such payments made. If an owner of a
form of identification of record should fail, refuse or neglect
to pay such fee by July 1 of any year in which it is due, such
form of identification shall become forfeited and no longer
carried in the record. Any such forfeited form of identification
shall not be issued to any other person within a period of less
than ten years following date of forfeiture.
