(1) All cattle, horses, mules, and burros, upon entering a public livestock market, shall be inspected for iron brands, earmarks, and other identifying characteristics before being offered for sale. A bill of sale signed by the recorded owner of the brands or no brands or an account of sale showing the brands or no brands on the livestock consigned shall be produced by the consignor. The brand inspector in charge may, in justifiable circumstances, permit the sale of cattle, horses, mules, or burros whose ownership is questionable and then proceed to impound the proceeds of the sale of such animals. After any livestock are consigned to any public livestock market, they shall be held and treated as if the ownership thereof has not been established, until a proper bill of sale or account of sale is produced by the consignor. Such inspections shall be made by authorized brand inspectors who have been approved by the state board of stock inspection commissioners, and a fee per head in the amount prescribed by the state board of stock inspection commissioners pursuant to section 35-41-104, shall be withheld from the consignor's proceeds of sale by the market operator, to be paid to the state board of stock inspection commissioners, for brand inspection on all cattle, horses, mules, and burros.
(2) The authorized brand inspector making the inspection and collecting the fees prescribed shall issue an official brand inspection certificate in duplicate, one copy to be the property of the owner or operator of the auction market, and will be authority for the public livestock market to issue a bill of sale to the purchaser of any livestock sold or disposed of through a licensed livestock auction market, the original to be delivered to the office of the state board of stock inspection commissioners.
Source: L. 49: p. 701, § 12. CSA: C. 160, § 209(29). CRS 53: § 8-11-12. C.R.S. 1963: § 8-11-12. L. 65: pp. 225, 237, §§ 3, 11. L. 71: p. 169, § 1. L. 75: (1) amended, p. 1351, § 1, effective May 31. L. 81: (1) amended, p. 1711, § 7, effective July 1. L. 98: Entire section amended, p. 275, § 14, effective August 5.
ANNOTATION
Duty of brand inspector under statute is two-fold: Toward the state as his employer and toward the livestock sales ring operator who is required by the statute to rely upon his inspection and certification. Weaver v. First Nat'l Bank, 138 Colo. 83, 330 P.2d 142 (1958).
Each brand inspector is supplied with a book of registered brands, and with supplements containing additional brands or changes in the ownership of brands, and failure to resort to the brand book to determine the ownership of animals to be sold in a livestock sales ring is negligence for which a brand inspector is liable. Weaver v. First Nat'l Bank, 138 Colo. 83, 330 P.2d 142 (1958).