CHAPTER 4. Brands and Brand Records Generally [20601. - 20797.]

Chapter 4 enacted by Stats. 1967, Ch. 15.

§§ 20601–20797 · 57 sections

1. ARTICLE 1. Requirements §§ 20601–20610 · 10 sections

   • § 20601 It is the ultimate object of this division to provide for statewide recordation of brands with the entire state as one branding district.
   • § 20602 Brands for the purpose of establishing or indicating ownership of cattle may be recorded pursuant to this chapter. Brands for other purposes shall not be…
   • § 20603 The chief shall, by regulation, prescribe the location on the animal where different types of brands, including recorded brands and cattle record brands, may…
   • § 20604 It is unlawful for any person to brand any animal except in accordance with the provisions of this chapter.
   • § 20605 It is unlawful for any person to use an unrecorded, forfeited, or canceled brand.
   • § 20606 It is unlawful for any person to apply a recorded brand in any location on the animal except that which is specified on the brand registration certificate. The…
   • § 20607 It is unlawful for any person to use a brand on cattle indicating ownership unless the cattle are owned by him or he has been authorized by the owner of the…
   • § 20608 Proof of possession or ownership of cattle with an unrecorded, forfeited, or canceled brand establishes a rebuttable presumption that the person in possession…
   • § 20609 In every suit at law or in equity, if the title to any animal is involved, proof of the brand of the animal establishes a rebuttable presumption that the owner…
   • § 20610 (a) The owner of cattle brought into this state from out of state for grazing purposes may apply to the director for a permit to allow the branding of the…
2. ARTICLE 2. Venting Brand Requirements §§ 20631–20633 · 3 sections

   • § 20631 Venting a brand consists of rebranding a branded animal, by the owner of the animal, for the purpose of voiding his prior brand.
   • § 20632 A vent brand may be applied on the loin of an animal which corresponds to the side the owner’s registered brand.
   • § 20633 Only the owner’s recorded brand may be used as a vent. Recordings shall not be issued which allow the use of any other brand as a vent.
3. ARTICLE 3. Applications §§ 20661–20672 · 12 sections

   • § 20661 Any person that desires to use a brand in this state may acquire the right to do so pursuant to this chapter. Application forms for this purpose shall be…
   • § 20662 To conform to the objective of this chapter, all applications for the recordation of a brand shall be accepted by the chief only if the proposed brand design…
   • § 20663 An application for the recordation of a brand shall be filed with the bureau.
   • § 20664 The application shall contain all of the following: (a) A facsimile of the brand which is sought to be recorded. (b) A statement of the location on the animal…
   • § 20665 A mark may be recorded only with a brand. If a mark is sought to be recorded with a brand, the application shall also contain a diagram which shows the manner…
   • § 20666 Upon receipt of an application, the bureau shall examine the application and compare the design applied for with brands that are already of record.
   • § 20667 An application shall not be accepted for the recordation of a brand which consists only of a mark.
   • § 20668 An application shall not be accepted for the recordation of a brand if the brand is to be applied to any of the following: (a) Either jaw. (b) The face. (c)…
   • § 20669 An application shall not be accepted for the recordation of a brand which is accompanied by a mark if the use of the mark involves cutting off more than…
   • § 20670 An application shall not be accepted for the recordation of a brand except upon the payment of the fee for the recordation of the brand.
   • § 20671 If the application does not conform to the requirements of, or cannot be accepted pursuant to, this chapter, a statement of the reason why it cannot be…
   • § 20672 Any person who is aggrieved at any determination made pursuant to Section 20662 may appeal in person to the Livestock Identification Advisory Board. Upon…
4. ARTICLE 4. Recordation §§ 20691–20701 · 11 sections

   • § 20691 The bureau shall maintain a record of all brands that are recorded, except forfeited or canceled brands which are subject to Section 20701.
   • § 20692 Any person, upon request to the bureau, shall be furnished information as to any recorded brand.
   • § 20693 A brand shall not be recorded if it consists of any letters or characters which are applied in more than one branding location on the animal.
   • § 20694 A brand shall not be recorded for any person under 18 years of age unless the application is countersigned by his parent or guardian.
   • § 20695 Recordation of a brand consists of entering in the brand records the matters which are contained in the application, together with the date of recordation, and…
   • § 20696 The original cattle brand registration certificate shall be kept on file in the bureau. A duplicate certificate shall be issued to the person in whose name the…
   • § 20697 The issuance to a person of a cattle brand registration certificate confers upon the person to whom it is issued both of the following: (a) The right to use…
   • § 20698 The right to use a brand is a property right and may be sold or otherwise transferred.
   • § 20699 A transferee of a brand shall not use the brand until the transfer has been recorded by the bureau.
   • § 20700 The record of any brand may be canceled at any time upon the written request of the person in whose name it is recorded.
   • § 20701 The records of brands which have been forfeited or canceled for more than five years may be removed from the files and destroyed.
5. ARTICLE 5. Suspension and Forfeiture §§ 20721–20725 · 5 sections

   • § 20721 The right to use a recorded brand is lost by the failure to pay the fees which are required by Article 6 (commencing with Section 20751) of this chapter.
   • § 20722 If the renewal fee that is required by Article 6 (commencing with Section 20751) is not paid by April 30th following the recordation of the brand, or by April…
   • § 20723 If the right to use a brand is suspended for more than one year, the right is forfeited on April 1st following the year of suspension. The brand, thereafter,…
   • § 20724 The right to use any brand which conflicts with any brand which has a prior cattle brand registration certificate number pursuant to this chapter is forfeited.…
   • § 20725 (a) Any person convicted of Section 487a of the Penal Code shall be prohibited from registering or owning, in whole or in part, a brand for a period of five…
6. ARTICLE 6. Fees and Penalties §§ 20751–20760 · 9 sections

   • § 20751 The fee for each application for recording a brand is seventy dollars ($70).
   • § 20752 The fee entitles the applicant to the recordation of one brand, one duplicate brand registration certificate, and the right to use the brand until the…
   • § 20754 Except as otherwise provided in Section 20755, the owner of a brand shall, on or before April 30 after its recordation, pay to the bureau a biennial period…
   • § 20755 The owner of a recorded brand may, on or before April 30 of any year, pay in advance to the bureau a sum that is a multiple of seventy dollars ($70). The…
   • § 20756 If the right to use a brand is suspended for failure to pay the renewal fee, it may be reinstated within one year from the date of suspension upon the payment…
   • § 20757 (a) Except as provided in subdivision (b), the fee for rerecording a forfeited or canceled brand shall be one hundred forty dollars ($140). This amount shall…
   • § 20758 The fee for recording the transfer of a brand, including a new certificate, is seventy dollars ($70).
   • § 20759 If the applicant fails to submit within 60 days of the date of receipt by the department of application for recording or re-recording a brand, or for recording…
   • § 20760 The fees or penalties prescribed in this article may be raised or lowered under one of the following conditions: (a) Lowered by the director, based upon a…
7. ARTICLE 7. Similar Brands §§ 20791–20797 · 7 sections

   • § 20791 If the brand records on file with the bureau disclose that two or more brands have been recorded which appear to be so similar as to be misleading or…
   • § 20792 Notice of the hearing shall be given to each interested person at least 10 days prior to the hearing.
   • § 20793 At the hearing, the chief shall first determine if the brands are so similar as to be misleading or conflicting. The chief shall dismiss the proceedings as to…
   • § 20794 If, at the hearing, the chief finds that two or more brands have been recorded which are so similar as to be misleading or conflicting, he shall determine…
   • § 20795 The owner of a recorded brand may request the chief to make an investigation if there are cattle other than his own which bear a brand so similar to such…
   • § 20796 If, after the investigation, the chief finds sufficient cause for such action, he may require that the cattle, other than those of the owner of the brand which…
   • § 20797 Any person who loses his or her right to use a brand as a result of the determination of the chief pursuant to this article may appeal to the secretary within…