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| Home > Statutes > Usa-Missouri |
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USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 268 Marks and Brands of Animals
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When used in sections 268.011 to 268.171:
(1) "Brand" means a permanent identification mark placed on the hide of a
live animal by a hot iron, cryo-branding, or any other method approved by
the director of a size at time of application not smaller than three
inches in diameter;
(2) "Cryo-branding" means a brand produced by application of extreme cold
temperature;
(3) "Director" means the director of the department of agriculture;
(4) "Person" means an individual, firm, association, partnership, or
corporation; the singular shall also mean the plural where applicable.
(L. 1971 H.B. 134 § 1, A.L. 1992 H.B. 878)
Any person having cattle, sheep, horses, mules, or asses shall
have the right to adopt a brand for the use of which he shall have the
exclusive right in this state, after recording the brand as provided in
sections 268.011 to 268.171. (L. 1971 H.B. 134 § 2)
No evidence of ownership by brand shall be permitted in any
court in this state unless the brand shall be recorded as provided in
sections 268.011 to 268.171. (L. 1971 H.B. 134 § 3, A.L. 1992 H.B. 878)
Any person desiring to adopt a brand shall forward to the
director proper brand application forms of the desired brand, together
with a recording fee of thirty-five dollars. Upon receipt of the
application and fee, the director shall file the same and unless the
brand is of record as that of some other person or conflicts with or
closely resembles the brand of another person, the director shall record
the same. If the director determines that the brand is of record or
conflicts with or closely resembles the brand of another person he shall
not record it but shall return the facsimile and fee to the forwarding
person. The power of examination, approval, acceptance, or rejection
shall be vested in the director, subject to the provisions of chapter
536, RSMo, and the appeals granted therein. It shall be the duty of the
director to file all brands offered for record pending the examination
provided for in this section. The director shall make the examination as
promptly as possible. If the brand is accepted, the ownership thereof
shall vest in the person recording it from the date of filing. (L. 1971
H.B. 134 § 4, A.L. 1992 H.B. 878)
The recording provided for in sections 268.011 to 268.171 shall
secure the brand to the person and shall be considered personal property
of the owner. (L. 1971 H.B. 134 § 5)
As soon as the brand is recorded by the director, he shall
furnish the owner thereof with two certified copies of the record of the
brand. Additional certified copies may be obtained by the payment of ten
dollars for each copy. (L. 1971 H.B. 134 § 6)
Any information related to premises registration shall be
confidential information, to be shared with no one except state and
federal animal health officials, and shall not be subject to subpoena or
other compulsory production. (L. 2005 S.B. 355)
It shall be unlawful to use any brand for branding any horses,
cattle, sheep, mules, or asses unless the brand has been recorded as
provided by sections 268.011 to 268.171. Hot brands and cryo-brands,
consisting of arabic numerals only, may be used in conjunction with
recorded brands for within-the-herd identification and as such shall not
be recorded; and when so used shall not be evidence of ownership. Anyone
convicted of violating this section shall be fined a sum not to exceed
one hundred dollars or be confined in the county jail for not to exceed
thirty days. (L. 1971 H.B. 134 § 7)
Any brand used for in-herd identification shall be located at
least ten inches apart from the ownership brand. (L. 1971 H.B. 134 § 8)
Brand definition shall include the designated letters and
figures in combination with one of the following locations on the animal:
The shoulder, ribs, or hip on the right side and the shoulder, ribs or
hip on the left side, as determined by standing behind the animal. No
single letter or single figure shall be accepted as a registered brand.
(L. 1971 H.B. 134 § 9)
1. Any brand recorded as provided in section 268.041 shall be
the property of the person causing the record to be made and shall be
subject to sale, assignment, transfer, devise, and descent as personal
property. Instruments of writing evidencing the sale, assignment, or
transfer of the brand shall be recorded by the director, and the fee for
recording the sale, assignment, or transfer shall be ten dollars.
2. As soon as instruments of writing evidencing the sale, assignment, or
transfer of a brand have been recorded by the director, he shall furnish
the new owner certified copies of the sale, assignment, or transfer. (L.
1971 H.B. 134 §§ 10, 11, A.L. 1992 H.B. 878)
In all suits at law or equity or in any criminal proceedings in
which the title to animals is an issue, the certified copies recorded as
provided for in section 268.061 shall be prima facie evidence of the
ownership of the animal by the person in whose name the brand is
recorded. Disputes in custody or ownership of branded animals shall be
investigated, on request, by the sheriff of the county where the animals
are located and he may call upon the services of a disinterested
veterinarian, approved by the director of the department of agriculture,
in reading the brands on animals. The cost of the veterinarian's services
shall be borne by the person requesting the investigation, but this cost
shall be reasonable and fair. The results of the sheriff's investigation
shall be a public record and be admissible in evidence. (L. 1971 H.B. 134
§ 12)
It shall be the duty of the director from time to time to cause
to be published in book form a list of all brands on record at the time
of the publication. The lists may be supplemented from time to time. The
publication shall contain a facsimile of all brands recorded and the
owner's name and post-office address. The records shall be arranged in
convenient form for reference. It shall be the duty of the director to
send one copy of the brand book and supplements to the county recorder of
deeds of each county and to each licensed livestock market and slaughter
plant in the state. The books and supplements shall be furnished without
cost to the livestock market or slaughter plant or to the county and
shall be kept as a matter of public record. The books and supplements may
be sold to the general public at the cost of printing and mailing each
book. (L. 1971 H.B. 134 § 13)
All fees and money collected under the provisions of sections
268.011 to 268.171 by the director shall be placed in the state treasury
to the credit of the "Livestock Brands Fund", which is hereby created.
The state treasurer shall administer the fund, and the moneys in the fund
shall be used solely, upon appropriation, by the division of animal
health of the department of agriculture in the administration of this
chapter. The unexpended balance in the fund at the end of every two
fiscal years shall be transferred to the credit of the general revenue
fund. (L. 1971 H.B. 134 § 14, A.L. 1992 H.B. 878)
Each owner of a brand of record shall pay to the director a fee
of twenty dollars on March first of each fifth year after registration.
The director shall give a receipt for all such payments made and if any
owner of a brand of record shall fail, refuse, or neglect to pay such fee
by July first of each year in which it is due, the brand shall become
forfeited and no longer be carried in the record. Any such forfeited
brand shall not be issued to any other person within a period of less
than five years following date of forfeiture. (L. 1971 H.B. 134 § 15,
A.L. 1992 H.B. 878)
Any person who shall brand, attempt to brand, or cause to be
branded the animals of another, or who shall efface, deface, or
obliterate or attempt to efface, deface, or obliterate any brand upon any
animal or animals of another, or who shall brand, attempt to brand, or
cause to be branded the recorded brand of another on any animal shall be
guilty of a felony and shall be imprisoned by the department of
corrections for not more than five years. (L. 1971 H.B. 134 § 16)
1. Every person slaughtering any branded cattle, sheep, horses,
mules, or asses shall keep a record of the number of such animals
slaughtered, the date of the slaughter, the name and address of the
person from whom purchased or for whom the work was done, the brand on
the animals, and the actual or estimated weight of each such animal.
2. Every livestock market receiving any branded cattle, sheep, horses,
mules or asses shall keep a record of the number of such animals
received, the date of receipt, the name and address of the person from
whom received and a facsimile of the brand.
3. The records required by this section shall be kept for a period of at
least two years.
4. Nothing contained in this section will impose any liability on a
market operator or any person engaged in the slaughtering of livestock.
All facsimiles of brands shall be used only as a record of
identification. (L. 1971 H.B. 134 § 18)
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