CHAPTER 6. LIVESTOCK BRANDS
IC 15-19-6
Chapter 6. Livestock Brands
IC 15-19-6-1
Application of administrative hearings
Sec. 1. IC 15-17-17 (hearings) applies to this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-2
"Board"
Sec. 2. As used in this chapter, "board" refers to the Indiana state
board of animal health established by IC 15-17-3-1.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-3
"Brand"
Sec. 3. As used in this chapter, "brand" means a distinctive design
or mark of identification made or applied to the hide on livestock by
the use of a hot iron or by any other method or process approved by
the board.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-4
"Livestock"
Sec. 4. As used in this chapter, "livestock" means:
(1) all cattle or animals of the bovine species;
(2) all horses, mules, burros, and asses or animals of the equine
species;
(3) all swine or animals of the porcine species; and
(4) all goats or animals of the caprine species.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-5
"Person"
Sec. 5. As used in this chapter, "person" includes an individual,
a firm, an association, a partnership, a corporation, other legal entity,
a public or private institution, the state, a municipal corporation, or
a political subdivision of the state.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-6
Adoption of brands
Sec. 6. A person owning livestock within Indiana may adopt a
brand for the person's exclusive use in Indiana. A person may not
brand or cause to be branded any livestock with a brand that is of
legal record in the office of the board unless that brand has been
certified by the board for that person's exclusive use.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-7
Recording of brands
Sec. 7. The board shall record livestock brands. The board shall
implement this chapter and may adopt rules under IC 4-22-2 to
implement this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-8
Application for recording of brand
Sec. 8. (a) An owner of livestock in Indiana who wants to adopt
a brand for the owner's exclusive use shall, before doing so, forward
to the board an application on a form approved and provided by the
board.
(b) For purposes of this chapter, the post office address included
in an application under this section is considered the legal address of
the applicant. Until the board receives a written notice of change of
address from the applicant, the latest address of record with the
board remains the legal address.
(c) If the brand is accepted, the board shall file the brand in the
official brand book, furnish the applicant a brand certificate, and
inform the applicant that the applicant has, from the date of filing,
exclusive right to the use of the brand in Indiana.
(d) Additional brand certificates of a recorded brand may be
obtained from the board upon the payment of a fee established by the
board under section 18 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-9
One brand for each owner; separate livestock operation; identical
or similar brands; restriction on use of brands
Sec. 9. (a) Only one (1) brand may be awarded or recorded for
each owner of livestock. However, the owner or owners of separate
and distinct livestock operations may, at the discretion of the board,
record one (1) brand for use at each distinct and separate livestock
operation.
(b) A brand may not be recorded or used if the brand:
(1) is identical with or, in the opinion of the board, is so similar
to any brand previously recorded and remaining of legal record;
or
(2) is an abandoned brand but has not been abandoned for five
(5) years;
so as to be liable to cause confusion as to the identity or ownership
of livestock.
(c) If the board determines that the submitted brand is already on
record for another person or that it so closely resembles a previously
registered brand that the brands cannot be readily distinguished, the
board shall notify the applicant and return the facsimile brand and
recording fee. In case of duplications, applications bearing the
earliest postmark will be accepted.
(d) The board shall adjust conflicting stock brands and make any
necessary changes. Changes made by the board are conclusive, and
brands the board indicates may be recalled or adjusted at any time by
means of written notice from the board given to the owner of the
brand.
(e) A brand may be recorded in Indiana only in the office of the
board.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-10
Evidentiary effect of certificates of recordation
Sec. 10. All certificates of recordation or rerecordation of brands
furnished by the board are prima facie evidence of the ownership of
all livestock of the kind or kinds bearing the brand or brands
specified and as set forth in the record. The certificates are evidence
of ownership in all lawsuits or in any criminal proceedings, when the
title to livestock in Indiana is to be proved. Disputes in ownership or
custody of branded livestock shall, upon request, be investigated by
state or county law enforcement officials.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-11
Ownership of brands
Sec. 11. (a) A recorded brand is the personal property of the
person in whose name it is filed and is subject to sale, assignment,
transfer, devise, and descent as personal property.
(b) A written instrument that evidences the sale, assignment, or
transfer of a brand must be forwarded to the board to be recorded in
the official brand book.
(c) The board shall determine the fee for recording a transaction
under subsection (b).
(d) As soon as the transaction has been recorded, the board shall
furnish the new owner with a brand certificate.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-12
Determination of renewal date
Sec. 12. (a) By January 1 of each fifth year following the original
recording with the board, each owner of a brand of record shall
submit to the board a renewal fee to be established by the board.
(b) For the purpose of determining the renewal date, the period
between the date a brand is recorded by the board and January 1 of
the next year constitutes the first year of the five (5) year period.
(c) If the owner of a brand of record fails, refuses, or neglects to
pay the fee by June 30 of the year in which it is due, the brand shall
be forfeited and no longer carried in the record. A forfeited brand
may not be issued to another person for five (5) years after the date
of forfeiture. During that five (5) year period, the former owner of
record may apply to the commission for reinstatement of the forfeited
brand. An application for reinstatement must be accompanied by a
reinstatement fee established by the board. The renewal date for a
reinstatement brand remains the same.
(d) Renewal fees on reinstatement brands are due on January 1 of
each fifth year following the original recording.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-13
Use of unrecorded brand
Sec. 13. (a) Except as otherwise provided by this section, a person
may not use any brand for identifying livestock unless the brand has
been recorded under this chapter. If a recorded brand is applied to
livestock that have been branded by a previous owner, the recorded
brand must be applied so as not to overlap, obliterate, disfigure, or
mutilate the existing brand or brands.
(b) Brands consisting of arabic numerals only may be used for
individual livestock identification if they are located at least ten (10)
inches from any recorded brand. Brands for individual identification
may not be recorded.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-14
Publication of recorded brands
Sec. 14. (a) The board shall publish all the recorded brands in a
book and publish supplemental lists at least once each year. The
brand book and supplements must contain a facsimile of all brands
recorded, together with the owner's name and legal mailing address.
(b) The board shall, without charge, furnish copies of the brand
book and supplements to state and county law enforcement agencies
in Indiana. The general public may obtain copies by remitting to the
board the cost of printing and mailing each book and accompanying
supplements.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-15
Reported livestock thefts
Sec. 15. The board, in cooperation with law enforcement officials
in Indiana and other states, shall develop a uniform procedure for
notifying livestock markets and livestock slaughtering establishments
of reported livestock thefts.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-16
Application of a brand to livestock
Sec. 16. A brand must be applied to the shoulder, ribs, or hip on
either the right or left side as determined by standing behind the
animal. A brand, except those for livestock disease control purposes,
may not be applied to the head or neck area.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-17
Sale and transportation of livestock
Sec. 17. (a) A person selling livestock branded with the person's
brand recorded in a current state brand book or supplement shall
execute to the purchaser a written bill of sale. The bill of sale must
include:
(1) the signature and residence of the seller;
(2) the name and address of the purchaser;
(3) the total number of livestock sold;
(4) a description of each animal sold as to sex and kind; and
(5) all registered brands.
A copy of the bill of sale shall be given to each hauler of livestock,
other than railroads, and must accompany the shipment of livestock
while in transit. The bill of sale or a copy shall be shown by the
possessor on demand to any law enforcement officer. The bill of sale
is prima facie evidence of the conveyance of title of the livestock
described by the bill of sale.
(b) A person engaged in the business of transporting or hauling
livestock in Indiana shall, upon receiving livestock for transportation,
issue a waybill or bill of lading for all livestock transported or hauled
by the person. The waybill or bill of lading must accompany the
shipment of livestock, with a copy being furnished to the person
delivering livestock to the hauler. The waybill or bill of lading must
include:
(1) the place of origin and destination of the shipment;
(2) the name of the owner of the livestock;
(3) the date and time of loading;
(4) the name of the person or company hauling the livestock;
(5) the number of livestock; and
(6) a general description of the livestock, including the
identifying brands.
The waybill or bill of lading must be signed by the person delivering
the livestock to the hauler, certifying that the information contained
in the waybill or bill of lading is correct.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-18
Charges for recording and rerecording of brands
Sec. 18. (a) The board may establish and collect:
(1) up to thirty-five dollars ($35) for each brand recording; and
(2) fair and reasonable charges related to the cost of
administering a brand recordation program for:
(A) the rerecording of brands;
(B) the recording of instruments transferring ownership of
brands; and
(C) certificates of recordation or rerecordation of brands.
(b) The board shall deposit fees collected under this section in the
brand registration fund. The brand registration fund is a
nonbudgetary fund, and the money remaining in the brand
registration fund at the end of a state fiscal year does not revert to the
state general fund. The board may disburse money from the brand
registration fund to defray the administrative costs of implementing
this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-19
Unauthorized application of a brand
Sec. 19. A person who, without permission of the owner,
knowingly or intentionally applies a brand to livestock for the
purpose of transferring ownership of that livestock commits a Class
C felony.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-20
Destruction or alteration of a brand on livestock
Sec. 20. A person who knowingly destroys or alters a brand
recorded with the board from livestock to conceal the identity of the
owner of that livestock commits a Class C felony.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-21
Sale of livestock with destroyed or altered brand
Sec. 21. A person who knowingly sells or offers for sale livestock
whose brand has been destroyed or altered for the purpose of
concealing the identity of the owner of that livestock commits a
Class C felony.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-22
Purchase of livestock with destroyed or altered brand
Sec. 22. A person who knowingly purchases livestock whose
brand has been destroyed or altered for the purpose of concealing the
identity of the owner of that livestock commits a Class C felony.
As added by P.L.2-2008, SEC.10.
IC 15-19-6-23
Forgery
Sec. 23. A livestock brand is a written instrument for purposes of
IC 35-43-5.
As added by P.L.2-2008, SEC.10.