Title XVII — AGRICULTURE AND ANIMALS

268.011. Definitions. — When used in sections 268.011 to 268.171: (1) "Brand" means a permanent identification mark placed on the hide of a live animal by a hot iron, cryo-branding, or any other method approved by the director of a size at time of application not smaller than thr…

268.021. Adoption of brands authorized. — Any person having cattle, sheep, horses, mules, or asses shall have the right to adopt a brand for the use of which he shall have the exclusive right in this state, after recording the brand as provided in sections 268.011 to 268.171. ­­-…

268.031. Recorded brands as evidence. — No evidence of ownership by brand shall be permitted in any court in this state unless the brand shall be recorded as provided in sections 268.011 to 268.171. ­­-------- (L. 1971 H.B. 134 § 3, A.L. 1992 H.B. 878)

268.041. Adoption of brand, procedure, fee — conflicts, duty of director, recording. — Any person desiring to adopt a brand shall forward to the director proper brand application forms of the desired brand, together with a recording fee of thirty-five dollars. Upon receipt of the…

268.051. Brand recording, effect of. — The recording provided for in sections 268.011 to 268.171 shall secure the brand to the person and shall be considered personal property of the owner. ­­-------- (L. 1971 H.B. 134 § 5)

268.061. Copies of record furnished — additional copies, fee. — As soon as the brand is recorded by the director, he shall furnish the owner thereof with two certified copies of the record of the brand. Additional certified copies may be obtained by the payment of ten dollars for…

268.063. Confidentiality of premises registration information. — Any information related to premises registration shall be confidential information, to be shared with no one except state and federal animal health officials, and shall not be subject to subpoena or other compulsory…

268.071. Use of unrecorded brands prohibited, exceptions, penalty. — It shall be unlawful to use any brand for branding any horses, cattle, sheep, mules, or asses unless the brand has been recorded as provided by sections 268.011 to 268.171. Hot brands and cryo-brands, consisting…

268.081. In-herd brands, location of. — Any brand used for in-herd identification shall be located at least ten inches apart from the ownership brand. ­­-------- (L. 1971 H.B. 134 § 8)

268.091. Brand definition and location, single letter or figure unacceptable. — Brand definition shall include the designated letters and figures in combination with one of the following locations on the animal: The shoulder, ribs, or hip on the right side and the shoulder, ribs …

268.101. Brands transferable, transfer fee. — 1. Any brand recorded as provided in section 268.041 shall be the property of the person causing the record to be made and shall be subject to sale, assignment, transfer, devise, and descent as personal property. Instruments of writin…

268.111. Disputed ownership investigated, how — costs, how paid. — In all suits at law or equity or in any criminal proceedings in which the title to animals is an issue, the certified copies recorded as provided for in section 268.061 shall be prima facie evidence of the ownersh…

268.121. Recorded brand list a public record, furnished to general public at cost. — It shall be the duty of the director from time to time to create a list of all brands on record at that time and make such list available to the public on a publicly accessible website. The list …

268.131. Fees, disposition — livestock brands fund, creation, use, administration. — All fees and money collected under the provisions of sections 268.011 to 268.171 by the director shall be placed in the state treasury to the credit of the "Livestock Brands Fund", which is hereb…

268.141. Owner of brand to pay fee, when, amount — forfeiture of brand, reissuance, when. — Each owner of a brand of record shall pay to the director a fee of twenty dollars on March first of each fifth year after registration. The director shall give a receipt for all such payme…

268.151. Illegal branding a felony, how punished. — Any person who shall brand, attempt to brand, or cause to be branded the animals of another, or who shall efface, deface, or obliterate or attempt to efface, deface, or obliterate any brand upon any animal or animals of another,…

268.171. Slaughterers to keep records. — 1. Every person slaughtering any branded cattle, sheep, horses, mules, or asses shall keep a record of the number of such animals slaughtered, the date of the slaughter, the name and address of the person from whom purchased or for whom th…

269.010. Definitions. — As used in this chapter, the following terms mean: (1) "Animal", cattle, swine, sheep, horses, other domestic and exotic animals including birds, fish, and reptiles, and all other animals raised or produced for commercial purposes, and beginning July 1, 19…

269.020. Disposal of dead animals, manner — on-site burials permitted, when — removal of hide authorized — composting, incineration — state veterinarian may enter premises in emergency situations or when nuisance exists, costs — court order requiring disposal — limitation on veto…

269.021. Large scale animal death, state veterinarian, powers, duties. — In the event of large scale animal death loss due to disaster, a disease outbreak, or a disease eradication and control program that will require disposal in excess of the restrictions of section 269.020, th…

269.022. Director to promulgate rules, procedure. — The director shall promulgate such rules and regulations as he deems necessary to implement this act* and provide for its orderly administration. No rule or portion of a rule promulgated under the authority of this chapter shall…

269.023. Director may assist in enforcement, authorized employees' powers. — 1. The director shall have the power to authorize certain employees of the department or employees of the United States Department of Agriculture to assist in the enforcement of this chapter. 2. In conne…

269.025. Director may investigate suspected violations, civil penalties — review, distribution of penalties. — 1. The director, upon his own information or upon the complaint of any person, may institute an investigation including the inspection of any premises or vehicle upon wh…

269.030. Transportation of dead animals prohibited, exceptions. — No person, except one holding a permit to transport the bodies of dead animals on public highways of this state, or who is acting for such permittee, or who is otherwise excepted by the provisions of this chapter, …

269.032. Dead animal substation, permit required. — No person, except one holding a permit to operate or maintain a dead animal substation in this state, shall operate or maintain a dead animal substation in this state. The state veterinarian shall keep a record of all applicatio…

269.040. Application for permit to transport dead animals, contents. — Any person desiring a permit under this chapter to engage or continue in the business of transporting dead animals, shall file an application for such permit with the state veterinarian, which application shal…

269.045. Application for permit to operate dead animal substation, contents. — Any person desiring a permit to operate or maintain a dead animal substation as provided for in this chapter, shall file an application for such permit with the state veterinarian, which application sh…

269.050. Receipt of application, duties of state veterinarian. — Upon receipt of a permit application, the state veterinarian shall, within thirty days, ascertain whether or not such applicant is qualified to operate such vehicle or substation, and that if the equipment or substa…

269.060. Inspection and review, notice of insufficiencies, reinspection. — Whenever the state veterinarian, by his initial inspection of the applicant's equipment or substation and his initial review of the applicant's proposed methods of operation, *shall find that the applicant…

269.070. Issuance of permits to transport. — When the applicant has satisfied all requirements imposed by this chapter and the regulations promulgated thereunder, the state veterinarian shall issue to such applicant a permit, which shall be attached to each vehicle so used, which…

269.072. Issuance of permit to operate substation — contents — posting. — When the applicant has satisfied all requirements imposed by this chapter the state veterinarian shall issue to such applicant a permit which shall entitle the applicant to operate a dead animal substation.…

269.075. Qualifications for permit — grounds for refusal of issuance, review, notice. — 1. Permits provided for in this chapter shall be granted only to those persons, corporations, and associations who are competent to operate or maintain a dead animal transportation service or …

269.080. Transportation of dead animals for foreign plants — permits and licenses — fees — revocation and suspension. — The state veterinarian is authorized to grant a permit or license permitting the bodies of dead animals to be transported over the highways of this state to a d…

269.100. Duration of permits. — All vehicle permits and substation permits issued under this chapter shall remain effective until and unless voluntarily surrendered, suspended or revoked, as provided in this chapter. ­­-------- (L. 1941 p. 290 § 14493f, A.L. 1947 V. I p. 26, A.L.…

269.110. Director may suspend, revoke permits, notice, hearing, procedure — subpoenas, oaths — review. — 1. The director shall have power to suspend, revoke or otherwise restrict or discipline a permittee under this chapter, in the event such permittee shall violate and fail or r…

269.130. Vehicles and substations, construction. — All vehicles and substations used in the transportation or holding of the bodies of dead animals, under the provisions of this chapter, shall have a tank or metal lining in the bed of such vehicle or substation, or be otherwise s…

269.140. State veterinarian may prescribe additional requirements. — The state veterinarian may prescribe specific and also additional requirements, not inconsistent with the provisions and purposes of this chapter, governing and regulating such transportation and the constructio…

269.145. Disposal, time limitation. — No dead animal may remain at an unrefrigerated substation or a series of unrefrigerated substations for a period of more than forty-eight hours. All dead animals entering a substation in this state shall be disposed of according to the provis…

269.150. Required cleansing and disinfecting of vehicles — hauling live animals or feeds in same vehicle prohibited. — After the bodies of dead animals have been unloaded from any vehicle used for the transportation thereof to the disposal plant, on each trip, such vehicle and al…

269.160. Transportation nuisances to be avoided. — Vehicles, when loaded with the body of an animal, shall be driven directly to a substation or to the place of disposal, except that the driver may stop to pick up other dead bodies, but he shall not drive upon the premises of any…

269.170. Location of plants — restrictions and exceptions. — No disposal plant or dead animal substation shall be located or constructed at any place in this state inside of, or within two miles of the nearest point of the corporate limits of, any city or town; nor within one mil…

269.180. Specifications for disposal plants. — No disposal plant shall be deemed a suitable or sanitary place for disposing of the bodies of dead animals by any process unless it conforms to the following minimum specifications: (1) The building must have four walls complete and …

269.190. Inspection of plants. — The state veterinarian, in person or by anyone authorized by him, shall inspect each plant and place licensed under this chapter at least once each year, and as often as he may deem necessary, and shall see that the licensees and all other persons…

269.200. Exceptions to chapter. — 1. Nothing contained in this chapter shall apply to or affect any of the following persons, matters, or vocations, to wit: (1) To any person hauling a dead animal to a slaughtering establishment where such animals will be slaughtered for personal…

269.210. Failure to secure permit — penalty. — Any person, except one holding a permit to operate such a disposal plant in this state, or one holding a permit to transport bodies of dead animals or a substation to hold bodies of dead animals, or who is acting for such permittee, …

269.220. Violation — penalty. — Any person who shall violate any of the provisions of this chapter shall upon conviction thereof be adjudged guilty of a misdemeanor. Each violation of the provisions of this chapter shall be deemed a separate offense. ­­-------- (L. 1941 p. 290 § …

270.010. Domestic animals restrained from running at large. — It shall be unlawful for the owner of any animal or animals of the species of horse, mule, ass, cattle, swine, sheep or goat, in this state, to permit the same to run at large outside the enclosure of the owner of such…

270.020. When notice not necessary. — If it shall appear and be proven on trial that the owner or owners of such domestic animals, as set forth in section 270.010, shall have actual notice that his or their said animals or stock were restrained, and by whom, and that the parties …

270.030. Appraisers may be appointed to assess damages. — If the owner of such stock so restrained and the taker-up, or the person damaged by such stock and the owner thereof, cannot agree upon the same, either party may apply to the circuit court of the county where said taker-u…

270.040. Appraisers' oath — assessment proceedings. — The persons so notified, or any two of them attending, shall take an oath that they will fairly and impartially assess the damages or compensation in controversy, and they shall make out, sign and deliver to each party a writt…