3-1201 Definitions
In this chapter, unless the context otherwise requires:
1. "Aquaculture" means the controlled propagation, growth and harvest of aquatic
animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae
and vascular plants.
2. "Associate director" means the associate director of the division.
3. "Division" means the animal services division of the ARIZONA department of
agriculture.
4. "Equine" means horses, mules, burros and asses.
5. "Livestock" means cattle, equine, sheep, goats and swine, except feral pigs.
6. "Poultry" means any domesticated bird, whether live or dead, and includes
chickens, turkeys, ducks, geese, guineas, ratites and squabs.
7. "Range" means every character of lands, enclosed or unenclosed, outside of
cities and towns, upon which livestock is permitted by custom, license or permit to roam
and feed.
8. "Range livestock" means livestock customarily permitted to roam upon the ranges
of the state, whether public domain or in private control, and not in the immediate
actual possession or control of the owner although occasionally placed in enclosures for
temporary purposes.
9. "Ratite" means ostriches, emus, rheas and cassowaries.
3-1202 Division council; members
A. The animal services division council, established pursuant to section 3-105,
shall be composed of members who are qualified electors. No more than three members from
any one county may serve on the council at any time. The members shall represent the
following categories:
1. The range cattle growing industry.
2. The cattle feeding industry.
3. Producing dairies.
4. The meat packing industry.
5. The sheep and goat industries.
6. The swine producing industry.
7. The equine industry.
8. The aquaculture industry.
9. The egg or poultry industry.
10. The hay or feed industry.
11. The ratite industry.
B. All members of the council shall be actively engaged in the type of business
they represent. If a member acquires his representation through his affiliation with a
corporation, such member shall be actively engaged in a management position and his
primary source of income shall be derived from the corporation. Members shall be
appointed by the director pursuant to section 3-105.
3-1203 General powers and duties; civil penalties
A. The director or the director's authorized representative shall exercise general
supervision over the livestock interests of the state, protect the livestock industry
from theft and the livestock and poultry industries from contagious and infectious
diseases and protect the public from diseased and unwholesome meat products.
B. The director may, with the advice of the state veterinarian, make rules to
control and govern:
1. Importation of animals and poultry into the state, establishment of quarantine
and its boundaries, notice of quarantine and accomplishment of all things necessary to
effect the object of the quarantine and to protect the livestock and poultry industries
from and prevent the spread of contagious or infectious diseases.
2. Slaughter of animals and poultry affected with contagious or infectious diseases
and disposition of carcasses of animals and poultry so slaughtered, when the action
appears necessary to prevent the spread of contagion or infection among livestock and
poultry.
3. Importation, manufacture, sale, distribution or use within the state of serums,
vaccines and other biologics intended for diagnostic or therapeutic treatment of animals
and poultry, and the importation, manufacture or use of virulent blood or living virus of
diseases affecting animals and poultry.
C. The director may:
1. Enter into agreements with neighboring states including agreements regarding the
use of livestock officers or livestock inspectors or other agency resources for the
purpose of enforcement of livestock laws within this state or within border areas of
neighboring states.
2. Waive inspections, service charges or inspection fees under this chapter in
cases the director deems advisable.
3. Direct employees or peace officers to execute the director's orders under this
chapter.
D. The director may adopt by rule a mandatory self-inspection program for moving
livestock from one location to another, and may provide for the private treaty sale of
self-inspected livestock. The associate director shall monitor compliance with the
requirements of the self-inspection program and shall periodically examine
self-inspection records, including livestock inventory records that verify the origin,
shipment or sale of livestock. For just cause the director may suspend or modify the
self-inspection authorization of feedlots, dairies and producers. A person who knowingly
violates the requirements of the self-inspection program shall be placed on
administrative probation by the director for a period of one year. If a subsequent
violation occurs during the period of probation, the person shall be brought before an
administrative law judge and is subject to a civil penalty of two hundred dollars per
violation, and the self-inspection authorization shall be revoked for a period of three
years. The director may review any order of the administrative law judge and shall review
each order involving subsequent violations during a period of probation pursuant to title
41, chapter 6, article 10. The period of a sanction imposed under this subsection begins
on the date of determination of the violation at a hearing. Civil penalties imposed
under this subsection shall be deposited pursuant to sections 35-146 and 35-147, in the
state general fund.
E. The director may establish a central investigation group to investigate reports
of crimes related to livestock. Livestock officers and other employees of the department
shall report all cases of apparent crimes related to livestock to the associate
director. The investigation group shall cooperate and coordinate its activities with
appropriate federal, state and local law enforcement agencies in apprehending and
prosecuting violators of livestock laws.
3-1204 Powers and duties relating to the sheep and goat industries
A. The director or his authorized representative shall exercise general supervision
over the sheep and goat industries of the state and shall do all things practicable to
protect the industries from and to prevent disease among sheep and goats.
B. The director shall prepare and adopt necessary rules:
1. Governing the importation of sheep and goats into the state by carrier or trail
to insure that the animals are free from infection.
2. For quarantine and dipping of sheep and goats infected with or which have been
exposed to scab or scabies, or other infectious or contagious disease.
3. For the speedy and effective suppression and eradication of disease among sheep
or goats.
4. To prevent spreading or contracting of infectious or contagious diseases among
sheep and goats, including requirements for inspection of sheep or goats shipped or
transported, or to be shipped or transported by common carrier, contract carrier, private
carrier or in any other manner whatever, whether the shipping or transporting is in
interstate or intrastate commerce, or both, and to require an owner, before moving sheep
or goats in such manner, to furnish an inspection certificate in the form required by the
director.
C. The director may establish as and declare to be an infected district any
district wherein diseased or infected sheep or goats are found or have recently been
grazed or driven. The director may order sheep or goats in the infected district or
which are exposed to be moved, treated, disinfected or cured under quarantine regulations
provided for by this title.
3-1205 Control of animal diseases; violation; classification
A. When advised of the occurrence of a disease of animals or poultry which
constitutes a threat to the livestock or poultry industries, the director may issue
lawful orders and adopt rules he deems necessary.
B. The state veterinarian may enter any place where a suspected animal or poultry
may be and take custody of the animal or poultry for the purpose of determining the
presence of a contagious, infectious or communicable disease.
C. The director may direct the state veterinarian and agency employees to:
1. Establish quarantines and define their boundaries.
2. Destroy animals or poultry when necessary to prevent the spread of any
infectious, contagious or communicable disease.
3. Appoint appraisers for the purpose of indemnifying owners of animals or poultry
destroyed.
4. Control the movement of animals or poultry, animal or poultry products and
agricultural products which may be directly related to dissemination of diseases
affecting the livestock or poultry industries.
D. Any person who violates any lawful order or rule issued pursuant to the
provisions of subsection A, or breaks any quarantine established by the state
veterinarian for the prevention and control of disease among livestock or poultry, is
guilty of a class 2 misdemeanor.
3-1206 Suspension, revocation or termination of licenses and agreements; hearing
A. Any license issued by the division may be suspended or revoked for violation or
noncompliance with:
1. Any provision of this title.
2. Any rule issued pursuant to this title.
3. Any condition of the license.
B. A license or agreement may be suspended, revoked or otherwise terminated or a
civil penalty or other administrative sanction may be imposed only after a hearing
conducted pursuant to title 41, chapter 6, article 10.
3-1207 Cooperation with United States
A. In addition to other powers and duties conferred upon him by law, the director
may cooperate with the animal and plant health inspection service of the United States
department of agriculture, or other agency of the United States vested with similar
powers and duties, in the control of foot and mouth disease, pleuro-pneumonia,
rinderpest, surra and other contagious or infectious diseases of animals, and contagious
or infectious diseases of poultry.
B. Inspectors of the animal and plant health inspection service may exercise all
rights and authority granted to livestock officers, but they do not have enforcement
powers granted to livestock officers.
3-1208 Livestock officers and inspectors; conditions of employment
A. An applicant for employment as a livestock officer or inspector must
successfully complete, first, a written examination of the applicant's knowledge of
animal husbandry and livestock laws and, second, a field test of his knowledge of brands,
breeds and livestock handling.
B. Within twelve months after employment a livestock officer must successfully
complete the law enforcement training course prescribed by the ARIZONA peace officer
standards and training board in order to achieve permanent state employee status.
C. The director may authorize employment of livestock inspectors to inspect
livestock on a full-time, part-time or seasonal basis. Livestock inspectors may exercise
all rights and authority granted to livestock officers, but they do not have enforcement
powers granted to livestock officers except as specifically provided by law.
D. The director may assign personnel from the office of inspections to perform any
of the inspections prescribed by this chapter under the direction of the associate
director.
E. Livestock officers and inspectors shall take the oath of office on employment.
3-1209 Counterfeiting
A. No brand manufacturer, printer, or other person, firm or corporation shall cast,
print, lithograph or otherwise make any device containing any official mark or simulation
thereof, or any label bearing any such mark or simulation, or any form of official
certificate or simulation thereof, except as authorized by the department.
B. No person, firm, or corporation shall:
1. Forge any official device, mark or certificate.
2. Without authorization from the department use any official device, mark, or
certificate or simulation thereof, or alter, detach, deface or destroy any official
device, mark or certificate.
3. Contrary to the rules prescribed by the director, fail to use or detach, deface
or destroy any official device, mark or certificate.
4. Knowingly possess, without promptly notifying the department or its
representative, any official device or any counterfeit, simulated, forged or improperly
altered official certificate or any device or label or any carcass of any animal or part
or product thereof bearing any counterfeit, simulated, forged or improperly altered
official mark.
5. Knowingly make any false statement in any shipper's certificate or other
nonofficial or official certificate provided for in the rules prescribed by the director.
6. Knowingly represent that any article has been inspected and passed or exempted
under this chapter when in fact it has not been so inspected and passed or exempted.
3-1210 Disposition of monies
Monies collected under the provisions of this title relating to livestock, except
those collected for acknowledgments, shall be paid to the department and deposited,
pursuant to sections 35-146 and 35-147, in the state general fund, unless otherwise
specifically provided. 3-1211 State veterinarian; qualifications
A. The associate director, with the approval of the director and after consulting
with the division council, shall employ a state veterinarian pursuant to title 41,
chapter 4, articles 5 and 6.
B. The person employed shall be a skilled veterinarian who is a graduate of a
recognized school of veterinary medicine and licensed to practice veterinary medicine in
this state.
3-1212 Private practice prohibited
The state veterinarian shall devote his entire time to the duties of his office and
shall not engage in private practice.
3-1213 Acquisition and use of sodium pentobarbital or T-61 euthanasia solution by county and local pounds
The state veterinarian, in consultation with the director, shall establish
procedures for county, city and town animal pounds which do not have a licensed
veterinarian on the staff to obtain and administer sodium pentobarbital or T-61
euthanasia solution or its generic equivalent.
3-1231 Definitions
In this article, unless the context otherwise requires:
1. "Beef" includes veal.
2. "Beef products" includes veal products.
3. "Council" means the ARIZONA beef council.
4. "Fiscal year" means the fiscal year beginning July 1 and ending June 30.
5. "Person" means an individual, corporation, partnership, trust, association,
cooperative association and any other business unit or organization.
6. "Producer" means a person who owns or acquires ownership of cattle.
3-1232 ARIZONA beef council; appointment; term
A. There shall be an ARIZONA beef council, which shall be composed of nine
producers to be appointed by the governor. The council shall consist of three producers
of range cattle, three cattle feeders and three dairymen.
B. Three members shall be appointed for terms ending June 30, 1972, three for terms
ending June 30, 1973, and three for terms ending June 30, 1974. Upon the expiration of
the term of a member, a successor shall be appointed by the governor for a term of three
years. If a vacancy occurs, the governor shall appoint a person for the unexpired term.
C. The governor shall declare the office of any member of the council vacant when
he finds that:
1. The member is no longer a producer.
2. The member is unable to perform his duties.
3. The member has become a resident of another state.
D. Members of the council shall serve without compensation but shall be entitled to
reimbursement for subsistence and travel as provided by law for other state officers.
3-1233 Powers and duties of council
A. The council shall:
1. Receive and disburse funds under the provisions of this article to be used in
administering the provisions of this article.
2. Annually elect a chairman from among its members. No chairman shall succeed
himself more than once.
3. Elect a secretary-treasurer who may be from among its members.
4. Meet regularly every three months and at such other times as called by the
chairman or when requested by five or more members of the council.
5. Keep a permanent record of its proceedings and prepare for the governor and the
beef industry an annual report of its activities, receipts and expenditures.
B. The council may:
1. Conduct or contract for scientific research to discover and develop improved
marketing methods for beef and beef products, including programs of consumer education
and protection.
2. Disseminate reliable information, founded upon research; showing uses or
probable uses of beef and beef products.
3. Study state and federal legislation with respect to tariffs, duties, reciprocal
trade agreements, import quotas and other matters concerning the beef industry.
4. Sue and be sued as a council, without individual liability, for acts of the
council within the scope of the powers and duties conferred upon it by this article.
5. Enter into contracts to carry out the purpose of the council as provided in this
article, including contracts for promotion of beef and beef products and development of
new markets through such promotion.
6. Appoint advisory groups composed of representatives from organizations,
institutions or businesses related to or interested in the welfare of the beef industry.
7. Make grants to research agencies for financing special or emergency studies, or
for purchase or acquisition of facilities necessary to carry out the purposes of the
council.
8. Appoint subordinate officers and employees of the council and prescribe their
duties and fix their compensation.
9. Cooperate with any local, state or nationwide organization or agency engaged in
work or activities similar to or related to those of the council, and enter into
contracts with such organizations or agencies for carrying on joint programs.
10. Act jointly and in cooperation with the state or federal government, or both, or
any agency thereof in the administration of any program of the government or of a
governmental agency deemed by the council as beneficial to the beef industry of this
state, and expend funds in connection therewith.
11. Adopt rules and regulations necessary to carry out the provisions of this
article.
12. Adopt, rescind, modify or amend all proper regulations, orders and resolutions
for the exercise of its powers and duties.
3-1234 Acceptance of grants and gifts
The council may accept grants, donations, contributions or gifts from any source for
expenditures for any purpose consistent with the powers and duties conferred on the
council.
3-1235 Payments to organizations
From the funds it receives, the council may pay or contribute to organizations such
as, but not limited to, the national livestock and meat board, to carry out work and
programs approved by the council.
3-1236 Collection of additional amounts at time of brand inspection; disbursement
A. In addition to the brand inspection fee provided in section 3-1337, the
department shall collect from producers an additional amount of not to exceed one dollar
per head, as determined by the council, on cattle under the same authority and at the
same time, place and manner as such brand inspections are made. This subsection shall
not apply to cattle being inspected when no change in ownership is involved. This
subsection applies to calves aged one month and younger only if the federal order
implementing the national beef promotion and research act of 1985 establishes an
assessment on these animals. If the federal order is not approved by referendum as
provided for in 7 United States Code section 2906(a) or (b) on or before December 31,
1988, calves aged one month and younger are exempt from this subsection.
B. When depositing fees, pursuant to sections 35-146 and 35-147, the department
shall make a separate and distinct accounting of monies collected under the provisions of
subsection A of this section. The council may use five per cent of the monies collected
under this article for administering this article. 3-1237 Failure to pay; violation; classification
Any person who knowingly fails to pay or remit any monies due or collected, as
provided in this article, is guilty of a class 2 misdemeanor. Failure to so remit on each
inspection for which such monies are payable shall constitute a separate offense and
shall not be affected by any refund either pending at the time of the offense or made at
a later date.
3-1238 Exemptions
The provisions of this article do not apply to:
1. A person whose only share in the proceeds of a sale of cattle or beef is a sales
commission, handling fee or other service fee.
2. A person to whom all of the following apply:
(a) The person acquired ownership of cattle to facilitate the transfer of ownership
of the cattle from the seller to a third party.
(b) The person resold the cattle no later than ten days from the date on which he
acquired ownership.
(c) The person certified to the council, in the manner prescribed by the council,
that the requirements of this paragraph are satisfied.
3-1239 Termination of council
A. The council may be terminated as provided in this section. A referendum among
the state's producers shall be conducted by the council:
1. If the council determines that it is no longer in the best interest of the beef
industry of the state to continue the existence of the council and its programs; or
2. Upon the receipt by the council of a petition for such a referendum signed by
five hundred or more of the state's contributing producers, which shall be signed not
more than six months prior to its presentation to the council.
B. In either such event the council shall conduct a referendum among the
contributing producers of the state. The ballot shall be in such form as to record a yes
or no answer to the question: "Shall the existence of the ARIZONA beef council and its
programs, as authorized by title 3, chapter 11, article 2, ARIZONA Revised Statutes, be
discontinued and terminated?" If the council finds that of those producers who voted
fifty-one per cent or more voted in favor of discontinuing and terminating the council
and its programs, the council shall make a finding to that effect. It shall declare the
existence of the council discontinued and terminated at the end of the fiscal year in
which the referendum is held. If less than fifty-one per cent of the producers who voted
in the referendum election favor termination of the council, no further referendum shall
be conducted for at least two years. The council shall pay the expenses necessary to
carry out the referendum.
C. If the council is to be terminated, the council shall pay all debts incurred by
it. Any unexpended and unencumbered funds remaining in the account of the council shall
be paid into the state general fund and credited to the department in the same manner as
brand inspection fees.
3-1261 Adoption and recording of brand and earmark; brand as property right; sale or transfer
A. Every person owning range livestock in this state shall adopt and record a brand
with the division with which to brand such livestock. Branding shall be performed by a
hot iron, freezing, acid or any other method that will result in a permanent mark. Any
person owning range livestock may also record an earmark with which to mark such
livestock as long as the earmark is not recorded for use by neighboring range livestock
owners. Sheep shall be marked distinctly with a mark or device sufficient to distinguish
them. Every owner of other animals may adopt a brand or earmark with which to brand or
earmark such animals.
B. No two brands of the same design or figure shall be adopted or recorded, but the
associate director may, in his discretion, reject and refuse to record a brand or mark
similar to or conflicting with a previously adopted and recorded brand or mark.
C. Before a new brand is recorded, it shall be advertised in some newspaper,
journal or bulletin, published in the state, at least once, and if no objection to the
brand is filed in writing, it shall be recorded as provided in this article.
D. The brand adopted and recorded is the property of the person adopting and
recording it, and the right to use it may be sold, leased or transferred.
E. No sale or transfer of the brand is valid except by bill of sale duly signed and
acknowledged as deeds for conveyance of real estate are acknowledged, and recorded with
the division.
F. The owner of the recorded brand shall sign the lease of the brand and file a
copy of the lease with the division.
G. It is unlawful to apply a recorded brand in any location on an animal except as
specified on the brand registration certificate. The application of a brand in any other
location is the equivalent of the use of an unrecorded brand.
H. The division shall make recorded brands available to feedlots that are licensed
in this state to identify livestock while in the feedlot for feeding purposes. The
division shall issue the brand on request by the feedlot without charge, in a timely
manner and with a minimum of administrative requirements. Brands issued under this
subsection are not registered brands and are not prima facie evidence of ownership
outside the feedlot.
3-1262 Recording brand and earmark; lease of brand for transient livestock
A. The division shall record all brands and earmarks adopted as provided in this
article. Recording shall consist of depicting a facsimile of the brand adopted, and a
diagram of the earmarks, together with an entry of the name, residence, telephone
number and post office address of the person adopting the brand and earmarks, the date
recorded, the place upon the livestock or other animals where the brand is proposed to be
used, the kind of animals upon which the brand and earmark are proposed to be used, and a
general designation and statement of the location of the range whereon such animals are
permitted to range. Before the record is made, proof shall be submitted to the division
that the applicant is entitled to use the brand or earmark. The applicant shall also
make an affidavit that he does not know of and is not interested in any similar brand or
earmark being run or used by another in adjoining states or the Republic of Mexico.
B. The division may lease to any applicant for a period of not to exceed one year
any available brand for use on transient livestock. Brands leased for this purpose shall
be placed only on the shoulder of the animal.
C. The division shall not issue any new face or jaw brands for cattle beginning
from and after September 30, 1988, but may rerecord face or jaw brands issued on or
before that date.
3-1263 Systems for recording or rerecording
The division may record and rerecord brands and earmarks in a brand book or a filing
system. Recording or rerecording by either method is compliance with the requirements of
this article.
3-1264 Schedule for rerecording brands and earmarks
A. Beginning from and after December 31, 1985 each owner of a brand or earmark who
desires to continue to use it shall apply to the division to rerecord the brand or
earmark on the prescribed date and every five years thereafter according to the following
schedule:
Calendar Year for Initial Recording
Brand and Earmark Numbers After December 31, 1985
1 through 1,500 1991
1,501 through 3,000 1992
3,001 through 4,500 1993
4,501 through 6,000 1994
6,001 through 7,500 1995
7,501 through 9,000 1986
9,001 through 10,500 1987
10,501 through 12,000 1988
12,001 through 13,500 1989
13,501 and above 1990
B. All new brands awarded and recorded after December 31, 1985 shall be rerecorded
every five years following the month and year of the first recording.
C. The division shall notify every owner of a recorded brand or earmark of his
right to rerecord the brand or earmark. The notice shall be in writing and addressed and
mailed to such owner at the last address of record in the division office at least thirty
days before the rerecording date.
D. Rerecording the brand or earmark shall be done in the same manner as original
recording, but brands and earmarks offered for rerecording need not be advertised as
required for original recording.
3-1265 Failure to rerecord as abandonment
All recorded brands or earmarks for which no application to rerecord has been made
within one year following the due date for rerecording shall be deemed abandoned and no
longer of record.
3-1266 Fees for recording, rerecording and leasing
The fee for recording a brand and earmark shall be seventy-five dollars and shall
entitle the owner to a certified copy of the record. For recording a bill of sale or
other instrument of conveyance of a brand and mark, the fee shall be twenty-five
dollars. For issuance of an additional certified copy of a brand or bill of sale of a
brand, the fee shall be ten dollars. The fee for rerecording a brand and earmark shall
be fifty dollars. The fee for leasing a brand from the division for a period of not to
exceed one year for use on transient livestock shall be two hundred dollars.
3-1267 Certified copy of brand entries as evidence; brand on animals as evidence of ownership
A. A certified copy of an entry in a brand book or filing system relating to a
recorded brand or mark shall be received in the courts of this state as prima facie
evidence of all the facts required to be entered in a brand book or filing system, and of
the right of the person therein named to use such brand and mark for branding or marking
animals.
B. The appearance upon an animal of the recorded brand of the owner as shown by the
record shall be received in the courts of this state as prima facie evidence that the
animal bearing the brand is the property of the owner of the recorded brand, except when
such brand is borne by an animal seized under the provisions of this title.
3-1268 Issuance of brand books; charge and expenses
A. The division may issue, when it deems advisable, books and supplements
containing transcripts of part or all of its records of brands and earmarks, arranged and
indexed suitably for use in identifying brands or earmarks on livestock, sheep or hides.
B. Copies of such books shall be available to anyone at a charge fixed by the
director commensurate with the cost of compilation, publication and issuance. Copies of
brand books or supplements may be furnished without charge to public officials or other
persons whose possession would, in the opinion of the director, serve to promote the
general welfare.
C. Expenses incurred pursuant to this section shall be paid from any operation fund
of the division. Monies derived from the sale of brand books or supplements shall be
deposited, pursuant to sections 35-146 and 35-147, in the state general fund. 3-1269 Use of unrecorded brand prohibited; classification
A person who knowingly brands livestock with an unrecorded, cancelled, suspended or
forfeited brand is guilty of a class 3 misdemeanor.
3-1291 Bill of sale required in transfer of livestock
Upon the sale or transfer of livestock, except dairy calves under thirty days of
age, delivery of the animals shall be accompanied by a written and acknowledged bill of
sale from the vendor to the purchaser.
3-1292 Sale of livestock without lawful brand, bill of sale or power of attorney; classification; defenses
A person who knowingly sells or offers for sale or trade livestock without the
person's recorded brand, or for which the person has neither a bill of sale, as provided
by section 3-1291, nor power of attorney from the owner authorizing the sale, is guilty
of a class 5 felony, unless the person proves that at that time the person was the owner,
acted by direction of the owner or acted in good faith.
3-1293 Procedure for owner to authorize another person to deal with animals; violation
A. A person who desires to authorize another person to gather, drive or otherwise
handle animals bearing the recorded brand or mark owned by the person granting the
authority, or animals of which he is the lawful owner but which bear other brands or
marks, shall furnish the other person an authority in writing which lists the brands or
marks authorized to be handled, and authorizes the other person to gather, drive or
otherwise handle the animals described.
B. If a person who gives written authority for the purposes provided in subsection
A inserts therein any brand or mark of which he is not the lawful owner and an animal
bearing such brand or mark is unlawfully taken, gathered, driven or otherwise unlawfully
handled by virtue of the written authority by the person to whom the written authority
was given the person giving the written authority shall be deemed a principal to the
unlawful taking, gathering, driving or handling of such animals.
3-1294 Improperly maintaining a stallion or jack; classification; seizure and sale; expenses for care
A. A person who maintains a stallion or jack with reckless disregard for the safety
or health of other persons or property or livestock of another is guilty of a class 2
misdemeanor.
B. In addition, the appropriate court, on affidavit by the livestock officer, may
issue an order to seize and impound the stallion or jack until remedial action has been
taken by the owner, agent or person in charge of the stallion or jack. If no remedial
action has been taken after twenty days, the livestock officer shall sell the stallion or
jack to the highest bidder for cash at public auction. Immediately after the sale is
made, or after release to the owner who pays the hauling charges and expenses of feeding
and caring for the livestock, the livestock officer shall remit the proceeds to the
agency together with an itemized statement of the expense of the seizure and sale, which
shall be paid as other claims. The amount received by the agency shall be deposited,
pursuant to sections 35-146 and 35-147, in the livestock custody fund established by
section 3-1377 and retained until final determination by the court of all actions arising
from the seizure of the stallion or jack.
3-1295 Lien for feed, pasturage and other services
A. A person who furnishes pasture, feed or other services for livestock on the
premises of that person has a lien on the stock for the amount of the charges that are
due and unpaid. A person having such lien may retain the stock until the charges are
paid. If possession continues for twenty days after the charges accrue, and the charges
have not been paid, the person retaining possession of the stock may perfect the amount
of the lien by filing an action in either superior court or justice court, according to
the amount in controversy, in the jurisdiction of the holder of the stock. The hearing
shall be held not less than ten and not more than twenty days after the date the action
is filed in court. If the prevailing party does not receive payment due within ten days
after the final judgment of the court, the prevailing party becomes the owner of the
stock. The court shall award the prevailing party court costs and reasonable attorney's
fees.
B. On presenting a judgment of the court in the appropriate jurisdiction awarding
ownership to the holder of the stock in satisfaction of the lien, the department shall
issue to the holder of the stock such ownership and hauling certificates, certificates of
inspection or other papers ordinarily required on the transfer of ownership of livestock.
3-1296 Ranging of unbranded range livestock prohibited; classification
An owner who knowingly permits range livestock, except unweaned animals running with
their mothers, to roam and feed upon the ranges of this state without being branded and
marked as provided by law, is guilty of a class 2 misdemeanor.
3-1297 Concealment of livestock killed or injured by railroad or motor vehicle; classification
A person who buries, removes or in any manner conceals livestock killed or injured
by locomotives or cars of a railroad company or by a motor vehicle, with intent to
conceal the cause of the death or injury, is guilty of a class 3 misdemeanor.
3-1298 Herding sheep or goats on land or water of another without consent; classification
A. A person owning or having charge of sheep or goats who knowingly herds or
permits them to be herded on lands lawfully owned or possessed by another without the
express consent of the other person, or recklessly allows the sheep or goats to camp at
any water developed and owned or leased by another without the express consent of the
owner or lessee of the water, is guilty of a class 2 misdemeanor.
B. The term "lawfully owned or possessed" applies to all land owned in fee or held
under lease, contract of purchase, pre-emption, homestead or other law of the United
States or the state.
C. The instrument evidencing the possessory right to lands held other than by
virtue of the laws of the United States or of the state shall be recorded in the office
of the county recorder of the county in which the land is located before complaint may be
made.
3-1299 Herding, grazing or pasturing sheep or goats on cattle range; classification; priority of right to use of range; exceptions
A. A person owning or having charge of sheep or goats who knowingly herds, grazes
or pastures them or recklessly permits them to be herded, grazed or pastured on a cattle
range previously occupied by cattle or upon a range usually occupied by cattle either as
a spring, summer or winter range, is guilty of a class 2 misdemeanor and each day of
violation of this section constitutes a separate offense.
B. The priority of right between cattle and sheep owners to a range is determined
by priority in the usual and customary use of the range, either as a cattle or sheep
range.
C. Nothing in this section shall be construed to prohibit herding or grazing sheep
over or upon a mixed range. A person who purchases an entire cattle range or lands or
right to possession or use thereof, theretofore used as a cattle range or cattle grazing
ground, or the grantees or assigns of any such person may thereafter use the range or
ground as lambing or grazing grounds for sheep, subject to the provisions of this
section.
3-1300 Overstocking land; classification; definition
A. A person who overstocks with livestock a tract or parcel of land or range which
he owns or has the lawful right to use, with the intent that such livestock leave the
land and graze or feed upon the land of another person, and the livestock do leave such
land and graze or feed upon the land or range of another person to the injury of such
other person, is guilty of a class 2 misdemeanor. In addition thereto, such person is
liable to the injured person in damages as for wilful trespass.
B. For the purposes of this section "overstock" means to release on a tract or
parcel of land a greater number of livestock than the grass or other forage normally
produced thereon under average conditions will reasonably sustain.
C. Overstocking is prima facie evidence of the intent that such livestock leave the
land on which so placed and graze or feed upon land of another person.
3-1301 Gathering cattle for tournament or contest without consent of owner; classification
A person who knowingly gathers range cattle for the purpose of a tournament or
contest for amusement or reward, or competition for prizes, or who engages in a
steer-tying contest or exhibition of steer-tying, or who casts, ropes or throws a horse,
cow or other kind of animal without the written consent of the owner, except in the
necessary work done on the range or elsewhere in handling such animals, is guilty of a
class 2 misdemeanor.
3-1302 Taking animal without consent of owner; classification
A person who knowingly takes from a range, ranch, farm, corral, yard or stable any
livestock and uses it without the consent of the owner or the person having the animal
lawfully in charge is guilty of a class 2 misdemeanor.
3-1303 Driving livestock from range without consent of owner; classification
When livestock of a resident of the state is intentionally driven off its range by
any person, without consent of the owner, the person is guilty of a class 5 felony. 3-1304 Branding or altering brand of animal of another; classification
A person who brands or marks an animal with a brand other than the recorded brand of
the owner, or who effaces, defaces, alters or obliterates any brand or mark upon any
animal, with intent to convert the animal to his own use, is guilty of a class 4 felony
and is liable to the owner of the animal for three times the value thereof.
3-1305 Obliterating or changing brand or mark; classification
A person who intentionally obliterates, disfigures, extends or changes a recorded
brand, or by other and additional marks, figures or characters converts a recorded brand
into some other brand, is guilty of a class 4 felony.
3-1306 Prima facie guilt of owner of brand to which another brand is altered
When it is proved that a recorded brand has been converted or changed into another
brand claimed or owned by any person, it shall be prima facie evidence in the courts and
before the department and boards or commissions of this state that the claimant or owner
of the latter brand obliterated, disfigured and changed the prior recorded brand.
3-1307 Unlawfully killing, selling or purchasing livestock of another; classification; civil penalty; exception
A. A person who knowingly kills or sells livestock of another, the ownership of
which is known or unknown, or who knowingly purchases livestock of another, the ownership
of which is known or unknown, from a person not having the lawful right to sell or
dispose of such animals, is guilty of a class 5 felony.
B. A person who knowingly attempts to take or does take all or any part of a
carcass of any such animal, pursuant to subsection A, for such person's own use, the use
of others or for sale is guilty of a class 5 felony.
C. In addition to any other penalty imposed by this section, a person depriving the
owner of the use of his animal or animals under subsection A or B of this section shall
be liable to the owner for damages equal to three times the value of such animal or
animals.
D. This section shall not apply to taking up animals under the estray laws.
3-1308 Evidence of illegal possession of livestock
Upon trial of a person charged with unlawful possession, handling, driving or
killing of livestock, the possession under claim of ownership without a written and
acknowledged bill of sale, as provided by section 3-1291, is prima facie evidence against
the accused that the possession is illegal.
3-1309 Proof of branding with brand of accused as tending to show conversion by accused
Upon a trial for a violation of the livestock laws of the state, the prosecution may
prove, as tending to show a conversion by the accused, that the animals in question were
branded into a brand or were marked into a mark claimed by the accused to be his brand or
mark, although neither the brand nor the mark is recorded.
3-1310 Abandonment of animal at boarding facility or veterinarian facility
When a small animal left at a boarding facility or any animal left at a veterinarian
facility has not been reclaimed within the period of time previously agreed upon at the
time of delivery of the animal to the boarding facility or veterinarian, the boarding
facility or veterinarian may give written notice by certified mail to the last known
address of the owner, possessor or custodian of the animal, and if the animal is not
reclaimed within thirty days from the date of the mailing of the notice, the animal shall
become the property of the boarding facility or veterinarian to dispose of as the
boarding facility or veterinarian sees fit.
3-1311 Dogs killing or chasing livestock; liability of owner; classification
A. If any person discovers a dog killing, wounding or chasing livestock, or
discovers a dog under circumstances which show conclusively that it has recently killed
or chased livestock, he may pursue and kill the dog.
B. The owner of a dog is liable for damages caused by the dog chasing
livestock. In the case of a dog killing or wounding livestock, the owner of the dog is
liable for damages to the owner of the livestock equal to three times the value of the
livestock killed or wounded.
C. An owner of a dog who intentionally or recklessly allows or causes the dog to:
1. Wound or kill livestock owned by another person is guilty of a class 1
misdemeanor.
2. Chase livestock owned by another person, causing injury to the livestock, is
guilty of a class 3 misdemeanor.
3-1312 Transporting equine in a cruel manner; violation; classification; definitions
A. A person shall not transport or cause or allow to be transported to a
slaughtering establishment any equine in or on any vehicle with more than one level or
tier.
B. The animal cargo space of vehicles used for the transportation of equines to
slaughtering establishments must:
1. Be designed, constructed and maintained in a manner that at all times protects
the health and well-being of any equine being transported.
2. Segregate any aggressive equine from the other equines in or on the vehicle.
3. Have sufficient interior height to allow each equine to stand with its head
extended to the fullest normal postural height.
4. Be equipped with doors and ramps of sufficient size to provide for safe loading
and unloading of any equine.
C. Before the transportation of any equine to a slaughtering establishment, the
owner or shipper must:
1. For a period of not less than six consecutive hours immediately before any
equine is loaded on the vehicle, provide each equine appropriate food, potable water and
the opportunity to rest.
2. Load each equine on the vehicle so that:
(a) Each equine has enough floor space to ensure that no equine is crowded in a way
likely to cause injury or discomfort.
(b) Any aggressive equine cannot come into contact with any other equine in or on
the vehicle.
D. During transit to the slaughtering establishment, the owner or shipper must:
1. Drive in a manner to avoid causing injury to the equines.
2. Observe the equines as frequently as circumstances allow, but not less than once
every six hours, to check the physical condition of the equines and ensure that all
requirements of this section are being followed. The owner or shipper must obtain
veterinary assistance as soon as practical for any equine in obvious physical distress.
Any equine that becomes nonambulatory during transit must be euthanized as soon as
practical.
3. Offload from the vehicle any equine that has been in or on the vehicle for
twenty-eight consecutive hours and provide the equine appropriate food, potable water and
the opportunity to rest for at least five consecutive hours.
4. Transport all equines to a slaughtering establishment as expeditiously and
carefully as possible in a manner that does not cause unnecessary discomfort, stress,
physical harm or trauma. Electric prods shall not be used on equines for any purpose
while transporting the equines to a slaughtering establishment, including while loading
or unloading the vehicle, except when human safety is threatened.
E. Transporting one equine in violation of this section is a class 3 misdemeanor.
A subsequent violation under this subsection is a class 2 misdemeanor.
F. Transporting two or more equine in violation of this section is a class 2
misdemeanor. A subsequent violation under this subsection is a class 1 misdemeanor.
G. For the purposes of this section:
1. "Slaughtering establishment" has the same meaning prescribed in section 3-2001.
2. "Vehicle" has the same meaning prescribed in section 28-101.
3-1331 Inspection required; powers and duties of livestock officers
A. Livestock officers and inspectors may authenticate bills of sale of livestock,
brands and marks, deliver certificates of acknowledgment thereof under their hands and
seals and take acknowledgments to applications for brands and marks. A fee of more than
twenty-five cents shall not be asked or received for taking an acknowledgment.
B. Livestock officers and inspectors shall not grant a certificate of inspection of
unbranded hides of livestock or of hides or livestock upon which the marks and brands
cannot be ascertained or which disclose ownership by some person other than the one
seeking the certificate of inspection.
C. A livestock officer or livestock inspector may stop any person who is in
possession of and is conveying, shipping or transporting livestock or hides of livestock
to examine brands, marks, certificates of brand inspection and bills of lading or bills
of sale relating to the livestock in transit if the officer or inspector has probable
cause or reasonable suspicion to believe that the person has violated any provision of
this title or title 13 relating to livestock.
D. Livestock officers and livestock inspectors may enter any premises where
livestock are kept or maintained to examine brands or marks or other evidence of
ownership or to determine the health or welfare of livestock. If admittance is refused
and probable cause exists, the livestock officer may immediately request an
administrative inspection warrant from the nearest court of competent jurisdiction to
allow such entry.
E. Livestock officers are peace officers, certified by the ARIZONA peace officer
standards and training board, and shall pursue and arrest on probable cause any person
who violates any provision of this title or title 13 relating to livestock.
3-1332 Method, place and time of inspecting livestock
A. Livestock officers and inspectors shall inspect livestock, other than equine and
livestock subject to authorized self-inspection, for health, marks and brands at loading
stations, at places of exit from the state and at places where livestock are gathered to
be sold, slaughtered, transported, conveyed, shipped or driven from their range for any
purpose whatever except when livestock are being moved from pasture to a destination in
this state and no change of ownership, slaughter or other disposition is involved and the
owner is utilizing self-inspection approved by the division under section 3-1203.
Livestock officers and inspectors need not inspect outgoing livestock from feed lots,
dairies and producers utilizing self-inspection pursuant to section 3-1203 but may
conduct periodic inspections to ascertain compliance with this article.
B. Feed lots, dairies and producers utilizing self-inspection approved by the
division under section 3-1203 shall comply with the applicable provisions of this section
and procedures established by the division.
C. Brand inspections shall be made by daylight and in a manner that enables the
livestock officer or inspector personally to see, inspect and record each and every mark
and brand. Inspections of livestock for health at a slaughterhouse may be made by other
than daylight if adequate artificial light is provided.
D. Upon being advised that livestock is subject to inspection, livestock officers
and inspectors shall arrange for the inspection of the livestock and inspect such
livestock within twelve hours.
E. The animal services division, the plant services division and the office of
inspections shall cooperate to provide livestock inspections at border inspection
stations or department offices and to train appropriate personnel to perform these
inspections. Employees of the plant services division acting under this subsection do not
have enforcement powers otherwise granted to livestock officers. In the case of an
apparent discrepancy, disease or other problem a livestock officer or inspector employed
by the animal services division shall be called on to make a final inspection and
determination. The associate director of the animal services division shall assign at
least one livestock officer or inspector to be on call from each office operated by the
plant services division under this subsection. 3-1333 Record of inspection
A. Livestock officers and inspectors shall make a record of all inspections,
disclosing the place and date of the inspection, its purpose, the kind, sex and
description necessary to identify the livestock, the number of head running in every
brand and mark, the name of the seller if the livestock is to be sold, the name of the
shipper if the livestock is to be shipped, and other necessary information.
B. Feed lots, dairies and producers utilizing self-inspection approved by the
division pursuant to section 3-1203 shall comply with this section and procedures
established by the division.
3-1334 Inspection as to ownership of livestock
A. Livestock officers and inspectors, in making inspections, shall require from
livestock auctions or the owner or person in charge of the livestock a list of the brands
and marks or necessary evidence of ownership and shall determine by inspection of the
livestock that the person in charge is the owner or an approved livestock auction or is
authorized in writing to handle the livestock.
B. Feedlots, dairies and producers utilizing self-inspection approved by the
division pursuant to section 3-1203 shall comply with this section and procedures
established by the division.
3-1335 Certificate of inspection; delivery
A. Upon completion of an inspection, the livestock officer or inspector shall
deliver to the person in charge of the livestock a certificate on a form provided by the
department disclosing the date of inspection, the purpose for which inspected, the
number, sex and kind of livestock inspected, their brands and the fee collected. The
certificate of inspection shall have clearly imprinted on its face the legend: "This
certificate of inspection is not and shall not be used as a bill of sale."
B. Feed lots, dairies and producers utilizing self-inspection approved by the
division pursuant to section 3-1203 shall comply with this section and procedures
established by the division.
3-1336 Inspection of livestock to be slaughtered, sold or transported; fee; violation; classification
A. Except as otherwise provided in this section, livestock, other than equines and
livestock inspected at feedlots or dairies pursuant to section 3-1337, shall not be
slaughtered, sold, purchased, driven, transported, shipped or conveyed unless the animals
have been inspected by a livestock officer or inspector for health, brands and marks
before they are slaughtered, sold, purchased, driven, transported, shipped or conveyed
and the inspection fee paid.
B. The owner or agent of the owner of the livestock to be slaughtered, sold,
driven, transported, shipped or conveyed as provided in subsection A of this section
shall notify the nearest livestock officer or inspector of that intention.
C. Equines consigned to either licensed ARIZONA livestock auctions or other special
auctions approved by the department from out of state or from Indian reservations in this
state or from other state or federal agencies without prior inspection shall be inspected
on delivery at an auction.
D. All livestock other than equines sold at auctions shall be inspected out on an
inspection certificate or auction invoice validated by the department.
E. The owner or producer of livestock excluding equines may slaughter or transport
to another person to slaughter such livestock without having the animal inspected and
without paying the inspection fee or service charge if the meat of such slaughtered
livestock is solely for home consumption by such owner providing that such owner contacts
a livestock officer or inspector within a forty-eight hour period prior to slaughter and
is able to establish proof of ownership either by a prior inspection certificate, by a
recorded brand on the animal or that the animal was raised by said owner, and the hide is
inspected as provided for in section 3-2011. If proof of ownership cannot be established
to the satisfaction of the livestock officer or inspector then the livestock officer or
inspector may require an inspection prior to slaughter.
F. The associate director may waive an inspection for brands and marks before the
slaughter of an animal if a federal or state meat inspector on the premises certifies on
a form provided by the department that, as determined by an antemortem inspection, the
animal is in a distressed condition and for humane reasons should be slaughtered
immediately if it is otherwise fit for slaughter and if the hide, carcass and
certification are segregated and held pending inspection for brands and marks. The
associate director may waive inspections under this subsection only for individual
animals, and a separate certification shall be made for each animal.
G. Livestock officers or inspectors shall not inspect livestock for health before
they are slaughtered at an establishment which is subject to federal meat inspections as
provided under chapter 13 of this title.
H. A person violating any provision of this section is guilty of a class 3
misdemeanor.
3-1337 Service charge and inspection fee; self-inspection; civil penalties
A. Livestock officers and inspectors shall collect from the person in charge of
cattle inspected a service charge of three dollars plus an inspection fee of twenty-five
cents per head for making inspections for the transfer of ownership, sale, slaughter or
transportation of cattle.
B. Livestock officers and inspectors shall collect from the person in charge of
sheep inspected a service charge of three dollars plus an inspection fee of five cents
per head for making inspections for the transfer of ownership, sale, slaughter or
transportation of sheep.
C. Livestock officers and inspectors shall collect from the person in charge of
dairy cattle inspected a service charge of three dollars plus an inspection fee of
twenty-five cents per head for making inspections for the transfer of ownership, sale,
slaughter or transportation of dairy cattle.
D. The division may approve self-inspection by movers of beef cattle, feedlots and
dairies pursuant to section 3-1203, subsection D. Movement shall be documented on forms
provided by the department. Movers of beef cattle, feedlots and dairies that utilize
self-inspection shall pay an outgoing inspection fee of twenty cents per head.
E. Service charges and inspection fees collected by the livestock officers and
inspectors and feedlots and dairies utilizing self-inspection shall be remitted to the
division. Service charges and inspection fees incurred by feedlots and dairies shall be
remitted to the department within ten days after the end of the month in which the
livestock were inspected. 3-1339 Mobile slaughtering units; custom slaughtering; brand inspections
A. A mobile slaughtering unit or a locker plant slaughtering livestock on a custom
basis shall notify the local livestock officer or inspector before any slaughtering
operation. If brand inspection of an animal is not conducted before slaughter, the
mobile slaughterer or the locker plant slaughtering the animal shall retain the hide for
a forty-eight hour period for inspection by a livestock officer or inspector.
B. Mobile slaughtering units and locker plants which slaughter livestock shall
maintain accurate records of the number of animals slaughtered, their source and
ownership and the brands on the animals. These records shall be available for inspection
by a livestock officer or inspector during regular business hours.
C. All locker plants and mobile slaughtering units licensed by this state shall
collect the brand inspection fees provided for by law and rules of the director and all
other fees provided for by law or rule to be collected by the department for each animal
slaughtered and remit the fees to the department.
3-1340 Unbranded livestock kept in close confinement; shipment, sale and inspection
A. Owners of livestock, other than equines, who do not have a recorded brand and
who maintain their animals in close confinement not exceeding ten acres may transport
their animals to livestock auctions licensed in this state, feedlots licensed in this
state or slaughter plants licensed in this state without first having those animals
inspected if the shipment does not exceed five cattle or calves or ten sheep.
B. Animals shipped, conveyed or transported under this section shall be accompanied
by proof of ownership, such as auction invoices or inspection certificates which the
owner received at the time of purchase.
C. Any livestock, other than equines, that are transported, shipped or conveyed
pursuant to this section and that have not been inspected by a livestock officer or
inspector within the previous forty-eight hours shall be inspected at their destination
point by a livestock officer or inspector before the sale, slaughter or change of
ownership and all applicable inspection fees shall be paid. Destination points for the
purpose of this section are feedlots, slaughter plants and auctions which are licensed in
this state.
3-1341 Transportation of livestock by person without certificate of inspection, validated auction invoice or bill of sale; violation; classification
A. Except as otherwise provided in this article, it is unlawful for any person,
firm or corporation to carry, transport or convey livestock by any conveyance without
first having such livestock inspected and having in immediate possession the duplicate
record of the inspection, an auction invoice issued pursuant to section 3-1336, a
registration or identification card issued pursuant to section 3-1344 or 3-1345 or a bill
of sale.
B. A person violating this section is guilty of a class 2 misdemeanor.
3-1342 Alteration of certificate or record of inspection; classification
A person who intentionally alters a certificate or record of inspection or copy
thereof issued by a livestock officer or other agent of the department is guilty of a
class 2 misdemeanor.
3-1343 Substitution of animals after issuance of certificate of inspection; classification
A person who removes an animal and substitutes another therefor or adds other
animals to a lot of livestock for which an inspection certificate or validated auction
invoice has been issued for shipment, sale or slaughter is guilty of a class 2
misdemeanor.
3-1344 Ownership and hauling certificates for equines; inspection; exemption; cancellation; fees
A. Except as otherwise provided in this article, owners or persons in charge of
equines may obtain ownership and hauling certificates from the department.
B. The director shall adopt inspection fees by rule pursuant to title 41, chapter
6, for the processing of ownership and hauling certificates and replacement ownership and
hauling certificates. If a person requests an ownership and hauling certificate or a
replacement ownership and hauling certificate, the department shall collect from the
owner or person in charge of equines an inspection fee for deposit in the equine
inspection fund pursuant to section 3-1345.01.
C. Notwithstanding other provisions of this title, ownership and hauling
certificates issued pursuant to subsection A of this section shall be valid for the life
of the animal or until transferred pursuant to section 3-1345.
D. An owner or the authorized agent of an owner of a thoroughbred that will be used
solely for horse racing or race horse breeding purposes and that has a certificate of
registration or a facsimile of a certificate of registration issued by the jockey club of
Lexington, Kentucky or a predecessor organization or a quarter horse that will be used
solely for horse racing or race horse breeding purposes and that has a certificate of
registration or a facsimile of a certificate of registration issued by the American
quarter horse association of Amarillo, Texas is exempt from this section and all other
statutes and rules that require an ownership and hauling certificate issued under this
section with respect to that horse. This subsection applies to an unweaned foal if his
or her dam has the certificate of registration required by this subsection. On the sale
or disposition of a horse that is exempt from the ownership and hauling certificate
requirements under this subsection, the seller or an authorized agent of the seller shall
either:
1. Properly execute and transfer the certificate of registration required under
this subsection to the buyer.
2. Complete and date an equine transfer request form issued by the department and
give the form and a notarized bill of sale to the buyer. Within thirty days after the
transfer of ownership, the buyer shall complete the buyer's portion of the equine
transfer request form and shall comply with subsections A and B of this section.
E. Ownership and hauling certificates issued with respect to any equine shall be
surrendered to the department or its authorized representative if any of the following
occurs:
1. The equine dies.
2. The equine is sold and shipped out of state.
3. The equine is sent to slaughter or is disposed of for humane reasons.
3-1345.01 Equine; inspection fund The equine inspection fund is established consisting of fees collected pursuant to section 3-1344, subsection B and section 3-1345, subsection B. The department of agriculture shall administer the fund. Monies in the fund are continuously appropriated for the issuance of equine ownership and hauling certificates.
3-1345 Transfer or issuance of ownership and hauling certificates; fees
A. The seller of any equine who has a valid ownership and hauling certificate for
such animal and the buyer of such animal, except a person who has been issued an equine
trader's permit pursuant to section 3-1348, may both complete and date a transfer request
form. One copy of the transfer request form shall be given to the seller.
B. Within thirty days of the transfer of ownership of any equine, provided for in
subsection A of this section, the buyer may forward to the division the ownership and
hauling certificate, the original copy of the completed transfer request form and the
transfer fee. The director shall adopt transfer fees by rule pursuant to title 41,
chapter 6, for processing transfer request forms. Upon receipt, the division shall
deposit the fees in the equine inspection fund pursuant to section 3-1345.01 and issue a
new ownership and hauling certificate to the transferee and a blank transfer request
form. Such certificate shall be valid for the life of the animal or until sold.
C. An equine trader permittee who purchases an equine in this state must receive
from the seller a bill of sale or the ownership and hauling certificate and the original
and buyer's copy of a transfer request form with the seller's portion completed.
D. An equine trader permittee shall sign and enter his permit number on the
transfer document when he transfers ownership of an equine.
3-1346 Seasonal inspection for exhibition livestock; fee
A. Seasonal inspection certificates may be issued, under the self-inspection
program, for exhibition livestock for any purpose other than slaughter, sale or
trade. The fee for a seasonal brand inspection certificate is five dollars plus fifty
cents per head of livestock in excess of ten.
B. The certificate shall state the date of issuance, the sex, color and breed, the
brand or brands and their location and any other identifying marks and the name of the
owner of the livestock. The words "seasonal brand inspection" shall be written across the
face of the certificate.
C. The certificate is valid for twelve months after the date of issuance and shall
accompany the livestock while in transit. 3-1347 Violation; classification
Unless otherwise provided any person who does not comply with this article is guilty
of a class 3 misdemeanor.
3-1348 Equine trader permit
A. The division shall issue an equine trader permit to an applicant who pays a fee
of one hundred dollars and who complies with the requirements of this section. The permit
is valid for one year from the date of issuance and may be renewed on payment of an
annual renewal fee of one hundred dollars and on compliance with the requirements of this
section.
B. Applications for initial and renewal permits shall contain the following
information:
1. The full name of the applicant.
2. The applicant's business and residence addresses.
3. The date and place of the applicant's birth.
4. Information concerning equine trading permits held in other states and their
status.
5. Information concerning any felony convictions within seven years before the date
of application, including any convictions subsequently set aside or resulting in
restoration of civil rights.
6. Any other information which the division may require.
C. The director may adopt rules specifying additional information which may be
reasonably required to be submitted on an application for an equine trader permit or
renewal of a permit to allow the division to determine the fitness of the applicant to
receive a permit or renewal of a permit.
D. The director may deny, refuse to renew, suspend or revoke an equine trader
permit pursuant to title 41, chapter 6, article 10 for any of the following reasons:
1. A violation of any provision of this title or of any rule adopted pursuant to
this title.
2. A violation of any provision of title 44, chapter 10, article 7.
3. The revocation or suspension for cause of an equine trader permit issued by the
division or by any other state within five years before the date of application.
4. A conviction of a felony involving a crime related to the equine trade
occupation within seven years before the date of application for an equine trader permit.
E. Except as provided in section 41-1092.08, subsection H, final decisions of the
director are subject to judicial review pursuant to title 12, chapter 7, article 6.
3-1349 Inventory and monthly report of equine traders
Equine trader permittees shall maintain inventory records of all equines sold. The
records shall include the date sold, the ownership and hauling certificate number and the
name and address of the buyer. At the end of each month each equine trader permittee
shall report to the division the number of equines sold during the month. Each equine
trader permittee shall also surrender to the division each month all ownership and
hauling certificates in his possession belonging to equines that have been moved out of
state. Authorized representatives of the department may review the inventory records of
any equine trader permittee during normal business hours.
3-1371 Seizure of livestock by a livestock officer
Livestock officers shall seize livestock, except unweaned animals running with their
mothers, wherever found and when the livestock officer questions the livestock's
ownership. The question of ownership may be raised in the following circumstances:
1. The livestock is not branded as required by this chapter.
2. The ownership of the livestock is questioned by another person.
3. The livestock has brands so mutilated, indistinct, burned or otherwise
disfigured as to be difficult of ascertainment.
4. The livestock bears a brand which is not recorded.
5. The livestock is freshly branded and not found with its mother.
6. The livestock has a brand or mark which is not the recorded brand or mark of the
owner.
7. The livestock is that which is known as "leppys," "orejanas," "sleepers,"
"dogies" or "mavericks."
8. Other circumstances raising questions as to the livestock's ownership.
3-1372 Keeping livestock following seizure; expenses; use of livestock in criminal prosecution; sale of unclaimed livestock; nonliability of state
A. When a livestock officer has seized livestock, as provided by this article, he
shall safely keep and care for it for a period of fifteen days, during which any person
may inspect the livestock.
B. The expense of seizing, feeding and caring for livestock for the initial fifteen
day period shall be a charge against the department and paid from any fund available to
the division for that purpose.
C. At any time prior to the expiration of fifteen days after the seizure of
livestock, the county attorney of the county in which the livestock is seized may take
charge of and keep the livestock at the expense of the state when he deems it to be of
evidentiary value in any criminal prosecution arising from the seizure.
D. The department shall cause notice to be posted in three public places in the
precinct where the livestock are held stating that the livestock will be sold at public
auction for cash to the highest bidder. The notice shall be posted for ten days after
the livestock have been seized and at least five days before the sale. The notice shall
state the location where the livestock will be sold. Proceeds from the sale shall be
transmitted to the department to be deposited in the livestock custody fund established
by section 3-1377, and upon final determination of all actions arising from the seizure
of the livestock the department shall pay the proceeds, less the hauling charges and
expense of feeding and caring for such livestock, to the persons entitled thereto under
the judgment of the court.
E. The director may contract with any person to handle, feed and care for livestock
taken into custody under this section. This state is not liable for the injury or death
of any person or livestock or damage to property due to performance of the contract.
3-1373 Report of seizure; filing and docketing
A. Livestock officers shall forthwith report any seizure of livestock pursuant to
the provisions of this article to the county attorney and to the clerk of the superior
court in the county where the stock was seized or to an available justice of the peace of
the county where the stock was seized whose office is nearest the place of seizure.
B. The report of the livestock officer relating to the seizure of livestock shall
give a general description of the livestock seized and the brands, if any, together with
the place of and reason for the seizure and the probable value of the livestock and
request that the owner and claimant be cited to appear and prove ownership.
C. The clerk of the court or the justice of the peace shall file the report and
docket it as an action by the state in its name and against the reputed owners of the
livestock, if known, and if not known, against the unknown owners.
3-1374 Setting time for hearing on ownership of seized stock; issuance of citation
A. The clerk of the court or justice of the peace, as the case may be, after filing
and docketing the report of seizure shall enter a brief statement of the seizure on the
docket and set a time for hearing evidence of the ownership of the livestock, which shall
be not less than ten and not more than twenty days after the date the report is filed.
B. The clerk or justice of the peace shall issue a citation directing all persons
claiming all or part of the livestock to appear at the time set and offer proof of
ownership.
C. The citation shall be addressed to those whom it may concern. It shall set
forth substantially the facts given in the report. The citation shall be delivered to
and served by the livestock officer who made the seizure or by a constable or sheriff of
the county. The citation is returnable and shall be heard as in civil actions.
3-1375 Service of citation on owner of stock seized; proceedings on default
A. If the livestock seized is branded and marked with an adopted and recorded brand
or mark, the citation shall be served upon the person who owns the brand or mark as shown
by the division's records if such person can be found in the county. The service shall
be at least one day before the day set for the hearing. A copy of the citation shall be
posted in at least three public and conspicuous places in the county at least eight days
before the day set for the hearing.
B. At the time set for hearing, the livestock officer, or other officer, shall make
return of the citation to the court. If it appears that due service of the citation has
been made, as required by this section, and no one appears to claim all or part of the
livestock so seized within the time provided, the court shall adjudge the livestock
forfeited to the state and shall order it sold as provided in this article.
3-1376 Hearing on claim; release or sale of seized stock; appeals
A. If any person appears at the time fixed for the hearing and claims all or part
of the livestock the claim shall be stated and the judge of the court or justice of the
peace shall enter upon the minutes of the court the fact that the claim is made and the
hearing shall proceed as in civil actions.
B. Livestock determined by the court to be owned by any person shall be released
from seizure, upon payment of the hauling charges and expense of feeding and caring for
such livestock, and livestock not so adjudged, or the ownership of which is doubtful,
shall be forfeited to the state and ordered sold by the livestock officer at public
auction at a convenient public auction, upon a fixed date after notice, as sales of
personal property under execution.
C. An appeal from the judgment may be taken as in civil actions and shall be
governed by the same rules that apply to appeals from justice courts or from the superior
court, as the case may be.
3-1377 Sale of seized stock; disposition of proceeds; livestock custody fund
A. Livestock officers shall execute the order of sale made pursuant to section
3-1376 and deliver a bill of sale to the purchaser, describing the livestock sold and the
amount it sold for, and forward to the division a duplicate of the bill of sale. Upon
delivery of the bill of sale, title to the livestock shall pass to the purchaser.
B. Livestock officers shall immediately after the sale is made, or after release to
the owner who pays the hauling charges and expenses of feed and care of such livestock,
remit the proceeds thereof to the department, together with an itemized statement of the
expense of the seizure and sale, which shall be paid as other claims.
C. The amount received by the department pursuant to this section and sections
3-1294, 3-1372, 3-1402, 3-1403 and 3-1721 shall be deposited, pursuant to sections 35-146
and 35-147, in a special fund designated the livestock custody fund. On notice from the
department, the state treasurer shall invest and divest monies in the fund as provided by
section 35-313, and monies earned from investment shall be credited to the fund. The
fund is exempt from the provisions of section 35-190 relating to lapsing of
appropriations.
D. The livestock custody fund is subject to legislative appropriation for use by
the department for the enforcement of any of the provisions of this title. 3-1378 Representation of livestock officer by county attorney
The county attorney of the county wherein the livestock is seized shall represent
the livestock officer and the interests of the state in proceedings under this article.
3-1379 Notification required on seizure by government agencies
All federal, state and local governmental agencies shall notify the department
within two hours of any seizure of any livestock or property in or on which livestock is
present or when a person responsible for the care of any livestock is taken into custody
and the person from the federal, state or local governmental agency knows that the person
taken into custody is responsible for the care of any livestock.
3-1401 Stray animal defined
"Stray animal" as used in this article means livestock, bison or ratites whose owner
is unknown or cannot be located, or any animal whose owner is known but permits the
animal to roam at large on the streets, alleys, roads, range or premises of another
without permission.
3-1402 Holding and sale of stray animals; repossession before and after sale; nonliability of state
A. When a livestock officer or inspector finds a stray animal he shall attempt to
locate the owner and, if located, notify him where the animal may be found. If the owner
does not take immediate possession of the animal, or if the owner or claimant thereof is
unknown or cannot be located, the livestock officer or inspector shall hold the stray
animal for at least fourteen days and sell it at public auction to the highest bidder for
cash, after giving at least five days' notice of the sale.
B. The department shall cause notice to be posted in three public places in the
justice precinct where the stray animal is held stating that the stray animal will be
sold at public auction for cash to the highest bidder. The notice shall state the
location where the stray animal will be held and the location where the animal will be
sold.
C. The owner of a stray animal may take possession of the animal at any time prior
to sale by proving ownership and paying the inspection fee and all expenses incurred in
keeping and caring for the animal.
D. If the owner of the stray does not claim the animal before the day of sale, or
if the owner is unknown or cannot be located, the livestock officer or inspector shall
sell the animal pursuant to the notice, and shall deliver an invoice of sale or a
livestock inspection certificate to the purchaser. The owner of an animal sold may take
possession of it at any time before the purchaser thereof sells it by paying to the
purchaser the purchase price paid at the sale, together with the expense of keeping and
caring for the animal from the date of sale to the time the owner takes possession of the
animal.
E. Livestock that are received at auction markets without proper documentation but
with no evidence of criminal intent by the shipper may be sold, but the director shall
impound the proceeds of the sale in the livestock custody fund established by section
3-1377. On presentation of proper documentation of ownership, the director shall pay the
proceeds, less any charges incurred, to the person who is entitled to the proceeds.
F. The director may contract with any person to handle, feed and care for stray
animals taken into custody under this section. This state is not liable for the injury
or death of any person or stray animal or damage to property due to performance of the
contract.
3-1403 Report by livestock officer or inspector; preliminary disposition of proceeds of sale
A. Upon making the sale as provided by section 3-1402, the livestock officer or
inspector shall notify the division of the name of the purchaser, the time and place of
sale, the amount for which the animal was sold and a description of the animal showing
the marks and brands, if any, or other identifying marks and shall pay to the department
the net proceeds realized at the sale.
B. The department shall place the amount realized from the sale of stray animals in
the livestock custody fund established by section 3-1377.
3-1404 Payment of proceeds of sale to owner of stray
Upon making satisfactory proof of ownership of any animal sold as a stray within one
year after the sale, the department shall pay to the owner of the animal the net proceeds
realized at the sale less any expenses incurred.
3-1421 Formation
A. A majority of all taxpayers, according to the last preceding tax assessment
roll, residing on land in an irrigation district containing not less than thirty-five
thousand acres of irrigable land for which water is available, or a majority of all
taxpayers residing upon any portion of a compact body of land containing not less than
twenty thousand acres and where at least seventy-five per cent of the area of such body
of land is being successfully irrigated, or a majority of all taxpayers residing upon a
body of land containing not less than one thousand acres when the land is contiguous to
the limits of an incorporated city or town which had a population of not less than thirty
thousand people as shown by the last preceding United States census, and such body of
land extending not more than twelve miles in one direction beyond the limits of such
incorporated town or city, may petition the board of supervisors of the county in which
such district or land is situated that a no-fence district be formed and that no fence be
required around the land in the no-fence district designated in the petition.
B. Upon filing the petition, the board shall immediately enter the contents upon
its records and order that the no-fence district be formed.
3-1422 Publication of order forming no-fence district
The order of the board of supervisors that a no-fence district be formed shall be
published once each week in a newspaper published in the county for four successive
weeks, and from and after completion of the publication, no fence shall be required
around the lands in the no-fence district, and it shall be unlawful for livestock
thereafter to run at large in the district.
3-1423 Designation of stock driveway
Upon application of a local livestock association, the board of supervisors of the
county wherein the no-fence district is located shall select, designate and declare one
or more roads over or across the district as a stock driveway and shall erect and
maintain on both sides of such road a lawful fence between which livestock may be driven.
3-1424 Civil and criminal liability of person allowing stock to run at large within no-fence district
The owner or person in charge of livestock, who recklessly allows or permits
livestock to run at large within a no-fence district is guilty of a class 2 misdemeanor,
and in addition is liable for damages for any trespass as provided for the collection of
damages by owners of land enclosed within lawful fences.
3-1425 Dissolution of district
A no-fence district may be dissolved at any time in the same manner as it was
formed.
3-1426 Lawful fence defined
A. A fence shall be deemed a lawful fence when it is constructed and maintained
with good and substantial posts firmly placed in the ground at intervals of not more than
thirty feet, upon which posts are strung and fastened at least four barbed wires of the
usual type tightly stretched and secured to the posts and spaced so that the top wire is
fifty inches above the ground and the other wires at intervals below the top wire of
twelve, twenty-two, and thirty-two inches. If the posts are set more than one rod apart,
the wires shall be supported by stays placed not more than seven and one-half feet from
each other or from the posts, extending from the top wire of the fence to the ground, and
each wire of the fence securely fastened thereto.
B. All fences constructed other than as provided in subsection A, or of other
materials equally as strong and otherwise effective to turn livestock as the fences
described in subsection A, shall also be deemed lawful fences within the meaning of this
section.
3-1427 Recovery for damage to unfenced lands; exception
An owner or occupant of land is not entitled to recover for damage resulting from
the trespass of animals unless the land is enclosed within a lawful fence, but this
section shall not apply to owners or occupants of land in no-fence districts.
3-1428 Action to recover for damage done by livestock which break through lawful fence
A. The owner or occupant of land enclosed by a lawful fence upon which damage of
less than two hundred dollars has been done by livestock which has broken through the
fence may bring an action to recover damages before a justice of the peace of the
precinct in which the land is located, regardless of the place of residence of the owner
of the livestock or the person having charge of the livestock at the time of
trespass. If the amount of damage is two hundred dollars or more, the action may be
brought in the superior court in the county where the land is located, regardless of the
place of residence of the owner of the livestock or of the person having charge of the
livestock at the time of the trespass.
B. If the plaintiff has possession of the livestock causing the damage complained
of, and recovers judgment, the court shall, in addition to the personal judgment impress
a lien on the livestock for the amount of the judgment, and order a sale thereof to
discharge the lien.
3-1429 Exemption of incorporated city or town from provisions of article
A. Nothing in this article shall affect any ordinance of an incorporated city or
town relating to stock running at large in the incorporated city or town nor shall its
provisions apply to any land that is located within an incorporated city or town.
B. Any penalties imposed by a municipal ordinance relating to stock running at
large shall not apply to lands that are annexed or incorporated into the city or town for
two years after the annexation or incorporation, regardless of whether the lands were
previously in a no-fence district or open range.
3-1451 Definitions
In this article, unless the context otherwise requires:
1. "Beef cattle" means cattle or calves grown primarily for meat production.
2. "Feed lot" means either of the following:
(a) A beef cattle feed lot, or feed yard, having more than five hundred head of
beef cattle at one time during the licensed year.
(b) Any other beef cattle feed lot whose operator elects to come under this
article.
3. "Feed yard feeding" means the feeding of beef cattle in lots or pens which are
not used normally for raising crops and in which no vegetation, intended for livestock
feed, is growing.
4. "Operator" means the owner or the person having charge or control of a feed lot.
5. "Person" means an individual, a corporation, a group of individuals, joint
venturers, a partnership, or any other business entity.
3-1452 Feed lot operator's license; applications; fees; exemption
A. It is unlawful for any person, except as provided in subsection B of this
section, to operate a feed lot within the state without having first obtained a license
from the division authorizing and permitting such operation.
B. The owner or operator of any beef cattle feed lot having less than five hundred
head of beef cattle at any one time may apply for and obtain a license for feed lot
operations if he chooses and elects to come under the terms and provisions of this
article, but the licensing for operations of less than five hundred head shall not be
required.
C. Application for a beef cattle feed lot license shall be filed with the division
on a form prescribed and furnished by the department. Upon the filing of such an
application and upon payment of the required fees, the division shall issue a beef cattle
feed lot license to such applicant, provided the application discloses information
assuring the division that the operation of such feed lot will be conducted in accordance
with the standards set forth in this article, and with rules adopted by the director.
D. Feed lot licenses shall be issued for the term of one year, to expire on June 30
following the date of issuance. An application for an initial license and for renewal of
a license shall be accompanied by a fee in accordance with the following schedule:
1. Under five hundred head of beef cattle, twenty-five dollars.
2. From five hundred to not exceeding three thousand head of beef cattle, fifty
dollars.
3. Three thousand one to not exceeding ten thousand head of beef cattle, one
hundred dollars.
4. More than ten thousand head of beef cattle, one hundred fifty dollars.
E. If an original feed lot license is to expire within six months after date of
issuance, only fifty per cent of the license fee prescribed in this section shall be
required.
3-1453 Disposition of fees
License fees collected under the provisions of this article shall be paid to the
department and deposited, pursuant to sections 35-146 and 35-147, in the state general
fund. 3-1454 Standards of operations for feed lots
A. Owners and operators who are granted a feed lot license shall:
1. Provide reasonable methods for the disposal of animal excrement.
2. Provide a chemical and scientific control procedure for prevention and
eradication of pests.
3. Provide adequate drainage of surface waters falling upon the area occupied by
such feed lots.
4. Provide adequate services for detection, control and treatment of beef cattle
diseases.
5. Have available for use at all times mechanical means for scraping, cleaning and
grading feed lots.
6. Conduct feed lot operations in conformity with established practices in the feed
lot industry as approved by rules adopted by the director and in accordance with the
standards set forth in this article.
B. The operation of any feed lot in compliance with the standards prescribed by
subsection A and the rules adopted by the director and with a valid feed lot license
shall be admitted as evidence in any action or hearing involving a claim that an operator
is in violation of this article.
3-1455 Powers and duties
A. The division shall:
1. Receive applications for feed lot licenses and issue licenses to qualifying
applicants.
2. Enforce rules pertaining to the operation of feed lots within the framework of
the standards set forth in this article.
3. With the director's concurrence, adopt rules of procedure for the administration
and enforcement of this article.
4. Prepare, design and have printed application forms for feed lot licenses which
shall provide adequate information upon which to base its decision concerning issuance of
such license.
5. Keep, maintain and compile all necessary records and information pertaining to
the administration of this article.
6. Investigate complaints concerning the operation of feed lots when an operator of
such feed lot is charged with any violation of the provisions of this article.
B. The division may:
1. Undertake, carry out and cooperate in research studies, investigations and
surveys needed and required for proper administration.
2. Enter upon feed lot premises at reasonable hours to investigate methods of
operation and to determine whether or not the operation of such lot is in compliance with
the provisions of this article and rules adopted in accordance with this article.
3-1456 Suspension or revocation of licenses; hearing; appeal
The suspension or revocation of feed lot licenses and hearings and appeals related
thereto shall be in accordance with the provisions of section 3-1206.
3-1457 Unlawful acts; classification
A person who violates any provision of this article or any rule adopted under this
article is guilty of a petty offense. Each day upon which a violation is committed or
permitted to continue is deemed to be a separate offense.
3-1481 Rules to regulate and protect ratite production; fees
A. The director may establish a program to regulate agricultural ratite ranching
and production and may adopt rules to govern the ratite industry. The director may
appoint an ad hoc advisory committee pursuant to section 3-106 to make recommendations
concerning regulating the industry.
B. The state veterinarian may adopt rules that are necessary to adequately protect
the ratite industry from contagious diseases and parasites.
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