Title 3 — Agriculture

Upon a trial for a violation of the livestock laws of the state, the prosecution may prove, as tending to show a conversion by the accused, that the animals in question were branded into a brand or were marked into a mark claimed by the accused to be his brand or mark, although n…

When a small animal left at a boarding facility or any animal left at a veterinarian facility has not been reclaimed within the period of time previously agreed upon at the time of delivery of the animal to the boarding facility or veterinarian, the boarding facility or veterinar…

A. If any person discovers a dog killing, wounding or chasing livestock, or discovers a dog under circumstances which show conclusively that it has recently killed or chased livestock, he may pursue and kill the dog. B. The owner of a dog is liable for damages caused by the dog c…

A. A person shall not transport or cause or allow to be transported to a slaughtering establishment any equine in or on any vehicle with more than one level or tier. B. The animal cargo space of vehicles used for the transportation of equines to slaughtering establishments must: …

A. Livestock officers and inspectors may authenticate bills of sale of livestock, brands and marks, deliver certificates of acknowledgment thereof under their hands and seals and take acknowledgments to applications for brands and marks. A fee of more than twenty-five cents shall…

A. Livestock officers and inspectors shall inspect livestock, other than equine and livestock subject to authorized self-inspection, for health, marks and brands at loading stations, at places of exit from the state and at places where livestock are gathered to be sold, slaughter…

A. Livestock officers and inspectors shall make a record of all inspections, disclosing the place and date of the inspection, its purpose, the kind, sex and description necessary to identify the livestock, the number of head running in every brand and mark, the name of the seller…

A. Livestock officers and inspectors, in making inspections, shall require from livestock auctions or the owner or person in charge of the livestock a list of the brands and marks or necessary evidence of ownership and shall determine by inspection of the livestock that the perso…

A. Upon completion of an inspection, the livestock officer or inspector shall deliver to the person in charge of the livestock a certificate on a form provided by the department disclosing the date of inspection, the purpose for which inspected, the number, sex and kind of livest…

A. Except as otherwise provided in this section, livestock, other than equines, swine and livestock inspected by movers of livestock or at feedlots or dairies pursuant to section 3-1337, shall not be slaughtered, sold, purchased, driven, transported, shipped or conveyed unless th…

A. Livestock officers and inspectors shall collect from the person in charge of cattle inspected a service charge of three dollars plus an inspection fee of twenty-five cents per head for making inspections for the transfer of ownership, sale, slaughter or transportation of cattl…

A. A mobile slaughtering unit or a locker plant slaughtering livestock on a custom basis shall notify the local livestock officer or inspector before any slaughtering operation. If brand inspection of an animal is not conducted before slaughter, the mobile slaughterer or the lock…

A. Owners of livestock, other than equines, who do not have a recorded brand and who maintain their animals in close confinement not exceeding ten acres may transport their animals to livestock auctions licensed in this state, feedlots licensed in this state or slaughter plants l…

A. Except as otherwise provided in this article, it is unlawful for any person, firm or corporation to carry, transport or convey livestock by any conveyance without first having such livestock inspected and having in immediate possession the duplicate record of the inspection, a…

A person who intentionally alters a certificate or record of inspection or copy thereof issued by a livestock officer or other agent of the department is guilty of a class 2 misdemeanor.

A person who removes an animal and substitutes another therefor or adds other animals to a lot of livestock for which an inspection certificate or validated auction invoice has been issued for shipment, sale or slaughter is guilty of a class 2 misdemeanor.

A. Except as otherwise provided in this article, owners or persons in charge of equines may obtain ownership and hauling certificates from the department. B. The director shall adopt inspection fees by rule pursuant to title 41, chapter 6, for the processing of ownership and haul…

A. The seller of any equine who has a valid ownership and hauling certificate for such animal and the buyer of such animal, except a person who has been issued an equine trader's permit pursuant to section 3-1348, may both complete and date a transfer request form. One copy of th…

[Repealed or reserved.]

A. Seasonal inspection certificates may be issued, under the self-inspection program, for exhibition livestock for any purpose other than slaughter, sale or trade. The fee for a seasonal brand inspection certificate is five dollars plus fifty cents per head of livestock in excess…

Unless otherwise provided any person who does not comply with this article is guilty of a class 3 misdemeanor.

A. The division shall issue an equine trader permit to an applicant who pays a fee of one hundred dollars and who complies with the requirements of this section. The permit is valid for one year from the date of issuance and may be renewed on payment of an annual renewal fee of o…

Equine trader permittees shall maintain inventory records of all equines sold. The records shall include the date sold, the ownership and hauling certificate number and the name and address of the buyer. At the end of each month each equine trader permittee shall report to the di…

A. The department shall establish and maintain a registry of equine rescue facilities and a public list of registered equine rescue facilities at department offices and on the department's official website. B. To be registered under this section an equine rescue facility must: 1.…

Livestock officers shall seize livestock, except unweaned animals running with their mothers, wherever found and when the livestock officer questions the livestock's ownership. The question of ownership may be raised in the following circumstances: 1. The livestock is not branded…

A. A livestock officer who has seized livestock, as provided by this article, shall safely keep and care for it while it is under the department's custody and control, during which time any person may inspect the livestock. B. The expense of seizing, feeding and caring for livest…

A. Livestock officers shall forthwith report any seizure of livestock pursuant to this article to the county attorney and to the clerk of the superior court in the county where the stock was seized or to an available justice of the peace of the county where the stock was seized w…

A. The clerk of the court or justice of the peace, as the case may be, after filing and docketing the report of seizure shall enter a brief statement of the seizure on the docket and set a time for hearing evidence of the ownership of the livestock, which shall be not less than t…

A. If the livestock seized is branded and marked with an adopted and recorded brand or mark, the summons shall be served upon the person who owns the brand or mark as shown by the division's records if such person can be found in the county. The service shall be at least one day …

A. If any person appears at the time fixed for the hearing and claims all or part of the livestock, the claim shall be stated and the judge of the court or justice of the peace shall enter upon the minutes of the court the fact that the claim is made and the hearing shall proceed…

A. Livestock officers shall execute an order of sale made pursuant to this article and deliver a bill of sale to the purchaser, describing the livestock sold and the amount it sold for, and forward to the division a duplicate of the bill of sale. On delivery of the bill of sale, …

The county attorney of the county wherein the livestock is seized shall represent the livestock officer and the interests of the state in proceedings under this article.

All federal, state and local governmental agencies shall notify the department within two hours of any seizure of any livestock or property in or on which livestock is present or when a person responsible for the care of any livestock is taken into custody and the person from the…

[Repealed or reserved.]

A. Any person who finds a stray animal may attempt to locate and, if located, notify the owner where the animal may be found. If the owner is unknown or cannot be located, or the person elects not to locate or notify the owner, the person shall notify the department and the depar…

A. On making the sale as provided by section 3-1402, the livestock officer or inspector shall notify the division of the name of the purchaser, the time and place of sale, the amount for which the animal was sold and a description of the animal showing the marks and brands, if an…

Upon making satisfactory proof of ownership of any animal sold as a stray within one year after the sale, the department shall pay to the owner of the animal the net proceeds realized at the sale less any expenses incurred.

A. A majority of all taxpayers, according to the last preceding tax assessment roll, residing on land in an irrigation district containing not less than thirty-five thousand acres of irrigable land for which water is available, or a majority of all taxpayers residing upon any por…

The order of the board of supervisors that a no-fence district be formed shall be published once each week in a newspaper published in the county for four successive weeks, and from and after completion of the publication, no fence shall be required around the lands in the no-fen…

Upon application of a local livestock association, the board of supervisors of the county wherein the no-fence district is located shall select, designate and declare one or more roads over or across the district as a stock driveway and shall erect and maintain on both sides of s…

The owner or person in charge of livestock, who recklessly allows or permits livestock to run at large within a no-fence district is guilty of a class 2 misdemeanor, and in addition is liable for damages for any trespass as provided for the collection of damages by owners of land…

A no-fence district may be dissolved at any time in the same manner as it was formed.

A. A fence shall be deemed a lawful fence when it is constructed and maintained with good and substantial posts firmly placed in the ground at intervals of not more than thirty feet, upon which posts are strung and fastened at least four barbed wires of the usual type tightly str…

An owner or occupant of land is not entitled to recover for damage resulting from the trespass of animals unless the land is enclosed within a lawful fence, but this section shall not apply to owners or occupants of land in no-fence districts.

A. The owner or occupant of land enclosed by a lawful fence upon which damage of less than two hundred dollars has been done by livestock which has broken through the fence may bring an action to recover damages before a justice of the peace of the precinct in which the land is l…

A. Nothing in this article shall affect any ordinance of an incorporated city or town relating to stock running at large in the incorporated city or town nor shall its provisions apply to any land that is located within an incorporated city or town. B. Any penalties imposed by a …

In this article, unless the context otherwise requires: 1. "Beef cattle" means cattle or calves grown primarily for meat production. 2. "Feed lot" means either of the following: (a) A beef cattle feed lot, or feed yard, having more than five hundred head of beef cattle at one tim…

A. It is unlawful for any person, except as provided in subsection B of this section, to operate a feed lot within the state without having first obtained a license from the division authorizing and permitting such operation. B. The owner or operator of any beef cattle feed lot h…

License fees collected under the provisions of this article shall be paid to the department and deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

A. Owners and operators who are granted a feed lot license shall: 1. Provide reasonable methods for the disposal of animal excrement. 2. Provide a chemical and scientific control procedure for prevention and eradication of pests. 3. Provide adequate drainage of surface waters fal…