Title 4.1, Agriculture

For purposes of this chapter, "brand" means an identifying imprint placed on livestock by use of a hot branding iron or a freeze branding technique.

1. To acquire ownership of a brand, a person shall file an application with the North Dakota stockmen's association. 2. The application must contain a depiction of the proposed brand. 3. The application must include a statement regarding: a. The kind of livestock on which the bra…

1. The chief brand inspector shall approve an application for ownership of a brand, filed in accordance with section 4.1-73-02, and record the brand, unless: a. The chief brand inspector determines that: (1) Official records indicate the brand is owned by another person; (2) The …

Upon approving an application, the chief brand inspector shall provide a brand certificate to the owner. The certificate is evidence of the brand's ownership.

1. In the case of cattle, brands that meet all other statutory requirements for recording may be placed only on: a. A designated shoulder; b. A designated rib; or c. A designated hip. 2. In the case of horses and mules, brands that meet all other statutory requirements for record…

A person may not place a recorded brand that consists entirely of upright numbers on the hips of cattle.

The design and placement restrictions set forth in this chapter do not apply to: 1. A numerical brand that was first recorded before July 1,1957, and which has been continually rerecorded; or 2. An unrecorded numerical brand that is used for purposes such as herd or animal identi…

A determination by the chief brand inspector regarding the acceptability of a brand or the permissibility of its location or placement, for purposes of recording, is final.

1. The chief brand inspector shall cancel a legally recorded brand if the chief brand inspector: a. Receives for filing a bill of sale for the brand, properly executed by the owner, as shown in the records of the chief brand inspector; b. Determines that the brand duplicates a pr…

On January 1, 2016, and every five years thereafter, each livestock brand recorded in this state expires, unless: 1. The brand was issued within the six-month period immediately preceding the date of expiration; or 2. The brand has been rerecorded in accordance with this chapter.…

1. Before September 1, 2015, and every five years thereafter, the chief brand inspector shall provide to each owner of record: a. Written notice of the brand's expiration date; b. Written notice of the owner's right to rerecord the brand; and c. A written statement indicating tha…

1. The chief brand inspector shall publish in the official newspaper of each county a notice of the date by which livestock brands must be rerecorded in accordance with this chapter. 2. The notice must be published at least once per week for three successive weeks. The first publ…

Notwithstanding any other provision of this chapter, the chief brand inspector shall accept for rerecording: 1. Any brand that the owner previously recorded; and 2. A brand that consists of one letter, number, or symbol, provided the brand is to be placed only on goats or sheep.

Each application for recording or rerecording a brand must be accompanied by a fee of fifty dollars.

1. a. Except as provided in subdivision b, for a period of one year from the date of a brand's expiration, the chief brand inspector may not reassign the expired brand to any person other than the registered owner at the time of the brand's expiration. b. If the person who owned …

A person is guilty of a class B misdemeanor if the person places upon an animal a brand that has not been recorded in accordance with this chapter.

A person is guilty of a class A misdemeanor for a first offense and a class C felony for a second or subsequent offense if the person: 1. Alters, defaces, or attempts to alter or deface the brand on any animal owned by another for the purpose of deceiving others as to the animal'…

1. a. Except as provided in subsection 2, a person may not sell any livestock carrying a recorded brand unless the seller is the owner of the recorded brand and delivers a bill of sale for the livestock to the purchaser. The bill of sale must include: (1) The date; (2) The name, …

A person that knowingly makes, completes, alters, or in any way falsifies any document evidencing proof of livestock ownership, with the intent to deceive or harm another, is guilty of a class B felony.

A person willfully providing false proof of ownership in conjunction with the sale of livestock is guilty of a class B misdemeanor for a first offense and a class A misdemeanor for a second or subsequent offense.

1. A person may not transport or attempt to transport cattle, horses, or mules from this state unless a brand inspector has inspected the livestock and issued a certificate of ownership. The certificate must remain with the livestock while in transit and be presented to the purch…

1. A person may request that a brand inspector conduct a reinspection if the person has reason to believe that: a. An error was made during the brand inspection; and b. Cattle, horses, or mules were shipped to an unintended destination as a result of the error. 2. If it is determ…

1. The state board of animal health may authorize the provision of brand inspection services at a livestock auction market, buying station, or packing plant located outside this state. 2. In order to obtain brand inspection services under this section, an entity shall file a peti…

1. The state board of animal health, after seeking advice from the North Dakota stockmen's association, shall adopt rules regarding: a. The provision of brand inspection services at livestock auction markets, packing plants, and buying stations; and b. The provision of brand insp…

1. Any person slaughtering cattle on a custom basis or for the purpose of selling the meat at retail or wholesale shall record: a. The date each animal was purchased or accepted for custom slaughtering; b. The name and address of: (1) The seller; or (2) The person for whom custom…

The chief brand inspector shall keep a record of all brands issued in this state. The record must include: 1. The name and address of the person that owns the brand; 2. A depiction of the brand; 3. The type of livestock on which the brand is authorized for use; and 4. The locatio…

1. The chief brand inspector shall compile and issue a brand book from the records required by section 4.1-73-26, as of the final date for rerecording and shall compile and issue an annual supplement. 2. a. The chief brand inspector shall provide a paper or an electronic copy of …

The official brand book published by the chief brand inspector must be received in all courts of this state as presumptive evidence of the recording and ownership of livestock brands.

A brand recorded in accordance with this chapter and properly located on livestock is prima facie evidence that the animal bearing the brand is the property of the brand's owner, unless covered by a bill of sale as provided by section 4.1-73-18.