As used in this chapter, unless the context otherwise requires:
(1) "Animal" means any cattle, horse or mule;
(2) "Board" means the state board of agriculture;
(3) "Brand" means a permanent identification mark of which the letters, numbers and figures used are each three (3) inches or more in length or diameter and are humanly burned into the hide of a live animal with a hot iron or tattoo or caustic chemical substance and is to be considered in relation to its location on the animal and the term relates to both the mark and location;
(4) "Commissioner" means the commissioner of agriculture;
(5) "Livestock" means any cattle, horse or mule;
(6) "Mark" means a permanent cut identification from the ear of a live animal.
253.020 APPROVAL OF BRANDS; CONFLICTS; REPORT
The board shall approve brands for registration and issue certificates of approval, and shall serve as an adjudicating committee in the matter of deciding and determining conflicts of brands and its decision shall be final. It shall publish a state report containing a facsimile of each and every brand and mark that is registered with the board, showing the owner's name and address, together with pertinent laws, rules and regulations pertaining to the registration and reregistration of brands.
253.030 RECORDS OF BRANDS; KEPT AND FURNISHED
The board is the legal custodian of any county record that may have been maintained under prior programs and shall upon request furnish a certified copy of the record of any brand appearing in the county brand record books and shall charge a fee of one dollar ($1.00) for each such brand.
253.040 REGISTRATION OF BRAND; APPLICATION; FEE
Any application for the registration of a mark or brand with the board shall be on a form prescribed by the board and shall be accompanied by a fee of ten dollars ($10.00) for each mark or brand to be registered. Any such application for a brand shall show the brand location to the following body regions of animals: neck, shoulder, rib and hip. When a requested brand has been filed previously, the commissioner and the applicant shall agree on a second choice of brand and body location.
253.050 REPORT OF REGISTERED BRANDS; REGISTRATION; FEE; RECORDS
The board shall publish at such times as it deems necessary a report of the brands that have been registered. Every five (5) years thereafter all brands shall be reregistered. The commissioner shall notify each brand owner and provide the necessary forms. A reregistration fee of five dollars ($5.00) for each brand shall be charged for the ensuing five (5) year period or fraction thereof. The county clerk and the sheriff of each county, or authority approved by the board shall receive all brand reports without cost and the books shall remain as a part of the permanent records of their respective offices.
253.060 STATE REPORT EVIDENCE OF OWNERSHIP
Brands appearing in the current edition of the state report, or supplements thereto, shall be prima facie evidence of ownership and take precedence over brands of like and kind should the question of ownership arise. An owner whose brand does not appear in the state report, or a supplement thereto, shall produce evidence to establish his title to the property in the event of controversy.
253.070 FUNDS FROM ANIMAL OF DOUBTFUL OWNERSHIP HELD; FORFEITURE
Any peace officer of the state may order funds derived from the sale of an animal of questionable ownership held until ownership is established. If ownership is not established within thirty (30) days, the person holding the funds shall remit them to the board, which shall hold the funds for one (1) year. If the title to the animal in question is not ascertained, then the funds shall be deposited in and become a part of the state department of agriculture trust fund.
253.080 BRANDS RESERVED TO STATE
There is hereby reserved to the state of Kentucky the brands of "B" and "T" on the jaw of cattle, and "V" and "AV" on the body, and it shall be unlawful for any person other than authorized agents of the state board of agriculture to use any of these brands. Cattle carrying the "B" on the jaw shall be recognized as reactors to brucellosis abortus (Bangs disease). Cattle carrying the brand "T" on the jaw shall be recognized as reactors to bovine tuberculosis. Cattle carrying the brand "V" or "AV" on the body are officially calfhood vaccinated.
253.090 TRANSFER OR SALE OF REGISTERED BRANDS; FEE
Only brands appearing in the current edition of the state report, or a supplement thereto, shall be subject to sale, assignment, transfer, devise or bequest. The transfer of title must be recorded with the commissioner. The fee for recording the transfer of title is one dollar ($1).
253.100 TRANSFER OF BRANDED ANIMALS IN WRITING
All persons selling livestock branded with their brand, or brand and mark, recorded in a current state report or a supplement thereto, shall, upon request of a purchaser of such livestock, execute a written transfer of ownership to the purchaser.
253.110 DUTIES OF COMMISSIONER; ADMINISTRATIVE REGULATIONS
Except as otherwise provided in this chapter and except as may be directed by the board, the powers, duties, and functions vested by this chapter in the board shall be exercised and performed by the Commissioner. The board may promulgate administrative regulations and hold administrative hearings, in accordance with KRS Chapter 13B, as required to carry out the provisions and intent of this chapter.
253.120 FEES; HOW DEPOSITED
All fees charged and collected under the provisions of this chapter shall be deposited in the State Department of Agriculture trust fund.
253.130 UNAUTHORIZED USE OF REGISTERED BRAND; MISDEMEANOR
Any person who knowingly places upon any livestock a mark or brand which has not been registered with the board shall, if such mark or brand duplicates one that is registered with the board, be guilty of a misdemeanor. Such duplication shall be the use of a similar brand, used in any position on the animal designated for the use of a registered brand, such as the neck, shoulder, rib or hip.
Any person who knowingly alters or defaces the marks or brands on any cattle not his own, without the consent of the owner, shall be fined not more than two hundred dollars ($200), or imprisoned for not more than six (6) months, or both.
Reviewed by AAHS in July 2001.
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