Title 25 — ANIMALS

25-1101. Definitions. As used in this chapter, and elsewhere in the Idaho Code where applicable: "Livestock" means any cattle, horses, mules or asses. "Transportation" means the movement of livestock in any manner. "Person" means every natural person, firm, association, partnersh…

25-1102. Board created — Membership and organization. There shall be in the Idaho state police a state brand board and such board is hereby created. The state brand board shall consist of five (5) members, three (3) of whom shall be experienced in, and while serving as a member o…

25-1103. State brand inspector — Appointment, salary, bond. The state board shall appoint the state brand inspector who shall be a nonclassified state employee and who shall serve at the pleasure of such board and the salary of such officer shall be fixed by such board within the…

25-1104. Officers, deputies and assistants. The state brand inspector, with the approval of the state brand board, and within the limits of any appropriation made available for such purposes, shall appoint, fix the compensation, determine the tenure of office, and prescribe the d…

25-1105. Ex officio brand inspectors. The director of the Idaho state police, every state police officer, port of entry officers, county sheriff and deputy sheriff is hereby made an ex officio brand inspector, and shall have the authority to inspect any livestock described in thi…

25-1106. Duties of inspector and deputy brand inspectors as law enforcement officers. The state brand inspector and deputy brand inspectors shall also have power and the duty to enforce all of the laws of the state for the identification, inspection and transportation of livestoc…

25-1107. Duties of inspector. The state brand inspector shall cooperate with the Idaho state department of agriculture, insofar as the administration and enforcement of the Packers and Stockyards Act of 1921 and all amendments thereto, and shall provide all brand inspections requ…

25-1108. Office of board. The board shall maintain offices in the state of Idaho at such places as determined by the board.

25-1109. Board to audit claims and make annual report. The board shall audit all bills for salaries and expenses incurred by it that may be payable from appropriations made therefore, which claims shall be audited and allowed and paid as other claims against the state. The board …

25-1110. Brand board to make rules and regulations. The state brand board shall be responsible for the promulgation, implementation and enforcement of all rules and regulations as adopted by the state brand board to implement and administer the requirements of this chapter. The s…

25-1120. Brand inspection. (1) The state brand board shall have the authority to require brand inspection of all livestock transferred in any manner, or which shall be placed for sale with or delivered into the custody of the owners or operators of any auction, auction house, sal…

25-1121. Requirements for brand inspection — Written permit in lieu of inspection. (1) Any person desiring to transport, remove, or drive any livestock from the boundaries of this state in any manner shall, before doing so, apply to the state brand inspector to inspect the same f…

25-1122. Ownership and transportation certificate. (1) The owner or owners of any horses, mules or asses desiring to transport them within the state for any purpose other than sale or trade, may, upon request to the state brand inspector, be issued an ownership and transportation…

25-1123. Exemption from brand requirement and inspection. A sucking calf or colt without brand, accompanying its mother in any shipment, shall be deemed to bear the same brand as its mother for the purposes of this chapter. Any person desiring to transport any livestock from the …

25-1124. Certificate or permit to be produced upon demand. Every person transporting livestock shall, upon demand, permit examination thereof by any brand inspector or peace officer the brand inspection certificate or written permit and allow copies thereof to be taken.

25-1125. Inspection of livestock in transit — Impounding when certificate or permit erroneous. Any livestock in transit or being transported in any manner, may be inspected at any time or place, without liability by any brand inspector of the state or by any peace officer or othe…

25-1126. Owner of recorded brand — Right to cause inspection of livestock in transit. Every citizen of Idaho who is the owner of any duly recorded brand is hereby authorized to require livestock in transit, or which is about to be shipped, transported or otherwise removed, to be …

25-1140. Use of brands restricted. Every stock grower in this state must use a brand for cattle, and a brand for horses, mules and asses, which brand must be placed in a conspicuous place on the animal. It shall be unlawful for any person to use any brand as herein provided, unle…

25-1141. Requirements for branding irons. Brands shall be made by hot iron or freeze iron and shall be done in such manner to be clear and recognizable, and legible so as to enable ready identification. The major character or characters on the branding iron when applied to cattle…

25-1142. Sheep owners to use brands — Use of earmarks — Use of nose brands and tattoo brands — Unrecorded brands. Every sheep owner may use one (1), and only one (1), brand for sheep, which brand may be recorded as herein provided. Each such sheep owner, in addition to his brand …

25-1143. Brands to be recorded. All brands shall be recorded with the state brand inspector. Upon recording pursuant to this section, a recorded brand shall be prima facie evidence of ownership of livestock, and that such owner is entitled to possession of said livestock. Proof o…

25-1144. Manner of recording brands. Every stock grower whose brands are not recorded, desiring to use any brand on any livestock shall make and file an application setting forth a facsimile and description of the brand that he desires to use, which application shall state the po…

25-1145. Renewal of brands. (1) On July 1, 2011, and at the end of each recording period of an original application pursuant to section 25-1144, Idaho Code, and at the end of each successive period thereafter on the first day of July, the recording of every brand in the office of…

25-1146. Sales and transfers of brands. Any brand recorded in accordance with the requirements of this chapter shall be the property of the stock grower in whose name the same shall be recorded and shall be subject to sale, assignment, transfer, devise and descent, the same as pe…

25-1147. Conflicting brands. In deciding as to conflicts of brands, the state brand inspector shall reject any brand being the same as one previously recorded in the same place on any animal; it shall also reject all brands known as solid brands and the window sash brand. A varia…

25-1148. Brand book. It shall be the duty of the state brand inspector from time to time as it may be necessary, but at least every two (2) years, to cause to be published in book form a list of all brands on record at the time of publication. In the years when the brand book is …

25-1149. Disposition of recording fees. All fees received for the recording and renewal of brands under the provisions of chapter 11, title 25, Idaho Code, shall be credited to the brand recording account, which the state controller is authorized and directed to establish in the …

25-1150. Brand recordings open to public — Evidence. The brand recordings kept by the state brand inspector shall be open to the inspection of the public and shall be prima facie evidence of the facts recited therein in any of the courts of this state.

25-1151. Deceptive and infringing brands — Prevention of use. The state brand board shall have the right to adopt such rules and regulations as it may prescribe to prevent the use of deceptively similar brands in the state of Idaho and to prevent the use of infringing brands, and…

25-1160. Brand inspection fees. (1) The maximum fee that shall be charged by the state brand inspector and his deputies for brand inspection shall be: (a) One dollar and fifty cents ($1.50) for each head of cattle; (b) Ten dollars ($10.00) for each head of horses, mules, and asse…

25-1161. Fees — State brand account. All fees of every kind collected by the office of the state brand inspector or under any rules or regulations made pursuant to the provisions of this chapter shall be deposited in a separate dedicated account in the state treasury known as the…

25-1170. Reciprocity. Any transportation of livestock in this state which originates in another state, and which complies with the brand inspection laws of such state requisite to such transportation, shall be deemed for all purposes to be in compliance with the state brand inspe…

25-1171. Impoundment of vehicles used in transporting stolen livestock. The use of any vehicle for the transportation of any stolen livestock or the products thereof, shall be unlawful and such vehicle shall be forfeited to and confiscated by the state. Any such vehicle so used i…

25-1172. Impoundment of livestock if no satisfactory evidence of ownership. Livestock which shall be found by any brand inspector, deputy brand inspector or peace officer of the state in the possession of any person who shall be unable to furnish to such inspector or peace office…

25-1173. Unclaimed livestock proceeds account. There is hereby created in the state treasury an account to be known as the unclaimed livestock proceeds account which shall consist of all money directed by law to be placed therein. The account is appropriated for paying and satisf…

25-1174. Hearing for claims to livestock proceeds account. Any person claiming to be the owner of any livestock sold under the provisions of section 25-1172, Idaho Code, may claim the sale proceeds placed in the unclaimed livestock proceeds account, and the state brand inspector …

25-1180. Mutilating and counterfeiting brands a misdemeanor. It shall be unlawful for any stock grower or other person in this state to change, conceal, deface, disfigure, or obliterate any brand or mark previously branded, impressed or marked on any animal or head of livestock, …

25-1181. Penalties. (1) Any person who shall present false or fraudulent information to obtain a brand inspection certificate shall be guilty of a felony. (2) Any person who wilfully forges any brand inspection certificate or written permit, or alters the same in any manner, with…

25-1182. Issuance of citations and arrest of violators. The state brand inspector, all deputy brand inspectors and all peace officers authorized by the laws of the state of Idaho to enforce brand inspection laws, are authorized and it is hereby made their duty to arrest with or w…