Title 4.1, Agriculture

At least once every two years, the North Dakota stockmen's association shall provide for an audit by a certified public accountant or a licensed public accountant and shall submit an electronic copy of the audit report to the legislative council.

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.

1. A person may not willfully: a. Sell any livestock with a certificate of registration or breeding that does not pertain to the livestock; b. Falsify a certificate of registration or breeding; c. Misrepresent or falsify any production or performance information referenced in a c…

In this chapter, unless the context otherwise requires, "estray" means cattle, horses, or mules, whether branded or unbranded, whose ownership has not been determined.

1. If an individual discovers an estray on property that the individual owns or controls, the individual shall make a good-faith effort to: a. Take possession of the estray; b. Determine its ownership; and c. Facilitate its return. 2. If the individual is unable to determine its …

A county sheriff or the chief brand inspector shall make a record of the date and time that notification is received under section 4.1-75-02. The individual taking possession of the estray is not entitled to reimbursement for expenses incurred before the recorded date and time.

If an individual notifies a county sheriff that the individual has taken possession of an estray, the sheriff shall contact the chief brand inspector and relay any information regarding the estray.

1. If before an estray is sold the chief brand inspector determines its owner, the individual who took possession of the estray shall return it to its owner, provided the owner reimburses the individual for all incurred expenses in accordance with the reimbursement schedule devel…

1. Except as otherwise provided in section 4.1-75-05, the individual taking possession of an estray in accordance with this chapter is entitled to receive reimbursement for incurred expenses in accordance with a reimbursement schedule developed by the North Dakota stockmen's asso…

1. Each December, the North Dakota stockmen's association shall publish at least twice in the official newspaper of each county, a list of all estrays found in the county and for which the association received sale proceeds during the preceding twelve months. 2. The association s…

1. If an individual, without being negligent, takes possession of an estray and complies with this chapter, that individual is not liable: a. For any injury or damage caused by the estray while in the individual's possession or in the event the estray escapes; or b. For any econo…

Any individual who takes possession of an estray and willfully fails to comply with this chapter is guilty of a class B misdemeanor.

In this chapter, unless the context otherwise requires, "livestock dealer" means a person that buys horses, mules, cattle, hogs, goats, or sheep from a producer or a livestock auction market: 1. On the person's own account, more than once per year for the purpose of resale within…

1. Before a person may transact business as a livestock dealer, the person must be licensed by the agriculture commissioner. 2. This section does not apply to: a. A packing plant, provided the plant's annual purchases of cattle, goats, hogs, horses, mules, or sheep do not exceed …

To obtain a livestock dealer's license, a person must complete an application and submit it to the agriculture commissioner. The application must include: 1. The applicant's name and: a. The name of each partner if the applicant is a partnership; b. The name of each corporate off…

1. The fee for a livestock dealer's license is fifty dollars. 2. A livestock dealer's license issued under this chapter expires on June thirtieth of each year. 3. A livestock dealer's license is not transferable.

1. As a condition of licensure, the applicant shall post a bond with the agriculture commissioner. The bond must be: a. A surety bond; b. A cash bond; or c. An irrevocable letter of credit. 2. The agriculture commissioner must be named as the obligee. 3. The bond required by this…

Any applicant having a bond on file with the United States department of agriculture pursuant to the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.], may meet the requirements of section 4.1-83-05 by filing a copy of that bond with the agriculture commissioner, provided t…