USA Statutes : nevada
Title : Title 50 - ANIMALS
Chapter : CHAPTER 564 - BRANDS AND MARKS
As used in this chapter:
1. “Animals” means:
(a) All cattle or animals of the bovine species.
(b) All horses, mules, burros and asses or animals of the equine
species.
(c) All swine or animals of the porcine species.
(d) All sheep and goats.
(e) Alternative livestock as defined in NRS 501.003 .
2. “Department” means the State Department of Agriculture.
3. “Director” means the Director of the Department.
[Part 2:26:1923; NCL § 3791] + [12:26:1923; NCL § 3801]—(NRS A
1961, 534; 1973, 408; 1981, 684; 1993, 433, 1733; 1995, 514; 1999, 3671
)
1. Every owner of animals in this State may design and adopt a
brand or brands, or brand and mark, or brands and marks, with which to
brand or brand and mark his animals.
2. It shall be unlawful for any owner of such animals to brand or
brand and mark, or cause to be branded or branded and marked, his animals
with a brand or brand and mark not at the time of legal record as
provided in NRS 564.010 to 564.150
, inclusive.
3. It shall be unlawful for any owner of such animals to use an
earmark which involves the removal of more than one-half of the ear,
measuring from the extreme tip of the ear to the head, or which brings
the ear to a point by removing both edges of the ear.
[1:26:1923; NCL § 3790]—(NRS A 1959, 175; 1961, 534)
1. As used in this section, “open range” means all unenclosed
lands outside of cities and towns upon which animals by custom, license,
lease or permit are grazed or permitted to roam.
2. Except as otherwise provided in subsection 3, every owner of
animals in this State, who permits his animals to graze upon the open
range, shall design, adopt and record a brand or a brand and mark and
shall brand or brand and mark his animals as provided in NRS 564.010
to 564.150 , inclusive.
3. Every owner of animals who brings such animals from another
state into this State, if the animals have a recorded or registered brand
of that other state, and who permits those animals to graze upon the open
range shall apply to the Department for a temporary use of the brand. The
application must state the period for which the animals will remain in
this State. The Department may grant a temporary use of the brand for a
designated period, which may not exceed the period stated in the
application, or require a new brand or a brand and mark as required by
this section.
4. This section does not apply to animals that are less than 6
months of age.
(Added to NRS by 1973, 408; A 1993, 1734; 1999, 3671 )
The Director may carry
out the provisions of NRS 564.010 to
564.150 , inclusive, and, for that
purpose, adopt such regulations not inconsistent therewith, and appoint
such agents, under his direction, as he deems necessary therefor. All
expenses in connection therewith must be paid from the Livestock
Inspection Account, except as otherwise provided in NRS 564.010 to 564.150 ,
inclusive.
[Part 2:26:1923; NCL § 3791]—(NRS A 1961, 534; 1991, 1793; 1993,
1734; 1999, 3671 )
1. Any owner of animals in this State desiring to adopt and use
thereupon any brand, or brand and mark, or marks, as provided for in NRS
564.010 to 564.150 , inclusive, shall, before doing so, forward to
the Department an application, on a form approved and provided by the
Department for that purpose, for the recording of the brand, or brand and
mark or marks, and receive a certificate of recordation as provided in
NRS 564.010 to 564.150 , inclusive.
2. The application must:
(a) Include a drawing, exact except as to size, of the brand,
together with any earmarks or other marks desired or intended to be used
therewith, and the location upon the animal or animals concerned where
the brand and earmarks or other marks are desired or intended to be used;
(b) Include a statement of the kinds of animals upon which the
brand or brand and mark or marks are used or will be used;
(c) Include a statement of the approximate boundaries of that part
of the State within which it is intended to use the brand, brand and mark
or marks; and
(d) Include the full name and address of the applicant.
3. For the purpose of NRS 564.010 to 564.150 ,
inclusive, the post office address included in the application must be
considered the legal address of the applicant until the Department
receives from the applicant, in writing, a notice of the change of the
address, the latest address of record with the Department remaining the
legal address.
[6:26:1923; A 1945, 225; 1943 NCL § 3795]—(NRS A 1961, 14, 534;
1993, 1734; 1999, 3672 )
1. Only one brand may be awarded or recorded for each owner of
animals, except that the owner or owners of separate and distinct
livestock units may, under the provisions of NRS 564.010 to 564.150 ,
inclusive, and within the discretion of the Department, record one brand
for use in connection with and for each such distinct and separate
livestock unit.
2. No brand may be recorded or used which is identical with or, in
the opinion of the Department, so similar to any brand previously
recorded and remaining of legal record, or any abandoned brand which has
not been abandoned for 1 year, as provided in NRS 564.120 , that it may cause confusion as to the
identity or ownership of animals, or which may be readily used to
obliterate or alter any legally recorded brand that is used in the same
area in this state.
3. The provisions of this section do not apply to the rerecording
of any brand legally recorded on July 1, 1961, and remaining of legal
record in this state under the provisions of NRS 564.010 to 564.150 ,
inclusive, insofar as the legal owners of the brand on July 1, 1961, are
concerned, until July 1, 1976, or to brands legally transferred as
provided for in NRS 564.110 .
4. After July 1, 1959, an earmark may not be recorded which
violates the provisions of subsection 3 of NRS 564.020 .
[7:26:1923; A 1945, 225; 1943 NCL § 3796]—(NRS A 1959, 175; 1961,
535; 1967, 317; 1993, 1735; 1999, 3672 )
1. Brands for cattle shall be recorded for use in only two of the
following positions:
(a) The hip on the right-hand side;
(b) The hip on the left-hand side;
(c) The shoulder on the right-hand side;
(d) The shoulder on the left-hand side;
(e) The rib cage on the right-hand side; or
(f) The rib cage on the left-hand side.
2. Nothing in this section shall be construed to preclude the use
of date brands.
(Added to NRS by 1961, 512; A 1967, 314; 1973, 873)
1. Upon receipt of an application, as set forth in NRS 564.040
, the Department shall cause the records
of previously recorded brands, remaining of legal record, or not
abandoned for more than 1 year as provided in NRS 564.120 , to be searched and, if the brand applied for
is recordable under the provisions of NRS 564.050 , award the brand set forth in the application
to the applicant and proceed to record the brand, together with the mark
or marks.
2. In the case of any brand awarded after July 1, 1945, the
recording certificate issued by the Department must define the area
within this state where the brand may be used, and the position on the
animal concerned, where it may be applied, and the use of the brand
outside that area, or its application to other positions, without the
written approval of the Department is unlawful.
3. A brand applied for must not be awarded or recorded until after
the lapse of 2 legal business days after the receipt of the application
for the brand at the established office of the Department.
4. In all cases where, under the terms of NRS 564.010 to 564.150 ,
inclusive, the brand or brands and mark or marks applied for cannot
legally be awarded by the Department to the applicant, the applicant must
promptly be so notified by the Department.
5. Applications for the awarding and recording of brands or brands
and marks must take precedence in the chronological order of their
receipt at the established office of the Department.
6. The Department may refuse to award or record a brand known to
be in use at the time in this state, or in an abutting county of an
adjoining state, by a person other than the applicant therefor.
[8:26:1923; A 1945, 225; 1943 NCL § 3797]—(NRS A 1961, 535; 1993,
1735; 1999, 3673 )
1. Upon the awarding of a brand or brands as provided in NRS
564.010 to 564.150 , inclusive, the Department shall immediately
proceed to record the brand or brands.
2. The recording must consist of the transcribing upon a suitable
and permanent record, which is a public record and prima facie evidence
of the facts contained in the record, designed and approved by the
Department for that purpose, of:
(a) A facsimile, except as to scale, of the brand or brand and mark
or marks awarded.
(b) The location upon the animal concerned of the brand or brand
and mark or marks as awarded.
(c) The date of application.
(d) The date of award.
(e) The district within which the brand or brands and mark or marks
are used or will be used.
(f) The kind of animals upon which the brand or brands and marks
are used or will be used.
3. The Department shall promptly cause to be prepared and sent to
the person to whom the award is made a certificate containing the same
entries as those set forth upon the permanent record of the Department
described in subsection 2 and certified to by the Department or its
authorized agent. The certificate has the legal status of similar
certificates as set forth in NRS 564.090 .
[9:26:1923; NCL § 3798]—(NRS A 1961, 536; 1993, 1736; 1999, 3673
)
Except as otherwise provided in NRS 564.010
to 564.150 , inclusive, the Department may establish and
collect reasonable fees for:
1. The recording of brands or brands and marks;
2. The rerecording of brands or brands and marks;
3. The recording of instruments transferring ownership of brands
or brands and marks;
4. Certificates of recordation or rerecordation of brands or
brands and marks; or
5. The processing and continuing administration of a security
agreement, provisional assignment or legal lien relating to a brand or
brand and mark or marks of record for purposes of NRS 564.110 .
[14:26:1923; NCL § 3803]—(NRS A 1961, 537; 1993, 1736; 1999, 3674
; 2003, 1430 )
All certificates of recordation of brands or brands and marks furnished
by the Department under the provisions of NRS 564.010 to 564.150 ,
inclusive, are prima facie evidence of the ownership of all animals of
the kind or kinds and bearing the brand or brands and mark or marks
specified and as set forth therein, and those certificates must be taken
as evidence of that ownership in all suits of law or in equity, or in any
criminal proceedings, if the title to animals in this state is involved
or proper to be proved.
[10:26:1923; A 1923, 316; NCL § 3799]—(NRS A 1961, 537; 1993, 1736;
1999, 3674 )
Certificates of rerecordation furnished to the
legal owners of brands and marks pursuant to the provisions of section 4
of chapter 26, Statutes of Nevada 1923, shall have the legal status of
brand certificates as set forth in NRS 564.090 .
[Part 4:26:1923; NCL § 3793]
1. Any brand or brand and mark or marks awarded and recorded and
remaining of record in accordance with the terms of NRS 564.010 to 564.150 ,
inclusive, including those transferred legally as provided in this
section, are the property of the person to whom they stand of record as
provided in NRS 564.010 to 564.150
, inclusive, and are subject to sale,
assignment, transfer, security agreement or lien, devise and descent the
same as other personal property.
2. Instruments of writing evidencing the sale, assignment,
transfer, security agreement, lien, devise or descent must be in that
form, as to text, signatures, witnesses, acknowledgments or
certifications, required by statutes, in the case of the kind of
instrument concerned, but the Department may secure such competent legal
advice or rulings, and require such supporting evidence as it deems
necessary, as to such instruments of writing, being in fact, authentic
and in legal form, before approving and recording those instruments of
writing as provided in NRS 564.010 to
564.150 , inclusive.
3. Instruments in writing evidencing the transfer of ownership of
any brand or brand and mark or marks must, after approval, be recorded in
the office of the Department in a book to be provided for that purpose,
and are not legally binding until so approved by the Department and
recorded.
4. The recording of those instruments has the same force and
effect as to third parties as the recording of instruments affecting the
sale, assignment, transfer, devise or descent of other personal property.
The original, or a certified copy of any such instrument, may be
introduced in evidence in the same manner as is provided for similar
instruments affecting personal property, and the record of the instrument
or instruments of transfer, or the transcript thereof certified by the
custodian of the record, may be read in evidence without further proof.
5. If any brand or brand and mark or marks of record, in
accordance with the provisions of NRS 564.010 to 564.150 ,
inclusive, becomes the subject of, or is included in, any security
agreement, provisional assignment or legal lien, the secured party,
provisional assignee or lienholder may notify the Department in writing
as to the existence and conditions of the security agreement, provisional
assignment or lien. After the receipt of the written notice, the
Department shall not transfer the brand or brand and mark or marks, other
than to the secured party, provisional assignee or lienholder until there
is filed with the Department satisfactory legal evidence that the
security agreement, provisional assignment or lien has been legally
satisfied and removed.
6. No transfer or change, or partial, joint or complete ownership,
of any brand under the provisions of this section:
(a) Grants or recognizes any change in the method or area of its
use from that authorized at the time of recording, or subsequent thereto
but before the transfer or change of ownership; or
(b) Waives or modifies the rerecording requirements set forth in
NRS 564.120 .
[11:26:1923; A 1937, 154; 1945, 225; 1943 NCL § 3800]—(NRS A 1961,
537; 1965, 943; 1993, 1737; 1999, 3674 )
1. Any owner of a brand or brand and mark or marks of record under
the provisions of NRS 564.010 to
564.150 , inclusive, including brands or
marks transferred pursuant to the provisions of NRS 564.110 , desiring legally to continue the use of the
brand or brand and mark or marks beyond the prescribed dates shall,
within 60 days before January 1, 1976, and at the end of each 4-year
period thereafter, apply to the Department for the rerecording of the
brand or brand and mark or marks.
2. The application must be made in writing and accompanied by any
rerecording fee established by the Department in accordance with the
provisions of NRS 564.080 .
3. The Department shall notify every owner of a brand or brand and
mark or marks of legal record in its office, including owners of brands
and marks transferred under the provisions of NRS 564.110 , at least 60 days before to January 1, 1976,
and January 1 at the end of each 4-year period thereafter, of his right
to rerecord the brand or brand and mark or marks as provided in this
section. The notice must be in writing and sent by mail to each such
owner at his last address of record in the office of the Department. The
notice is complete at the expiration of 60 days after the date of its
mailing by the Department.
4. The Department may also advertise the approach of any
rerecording period in such manner and at such times at it deems advisable.
5. Any brands or brands and marks for the rerecording of which the
owners have not applied as provided for in this section by January 1,
1976, or by January 1 of any 4-year period after that date, including all
brands and marks of record as transferred as provided in NRS 564.110
, shall be deemed abandoned and no
longer of legal record as provided for by NRS 564.010 to 564.150 ,
inclusive. Brands or brands and marks thus abandoned may not be awarded
or recorded by the Department to persons other than those persons
abandoning the brands or brands and marks until 1 year after the date of
the abandonment. The awarding and recording of abandoned brands or brands
and marks to any person must be in accordance with the provisions of NRS
564.010 to 564.150 , inclusive.
6. The Department shall furnish the legal owners of any brand or
brand and mark or marks rerecorded under the provisions of this section
with a certificate setting forth the fact of the rerecordation.
7. No new brands may be recorded during the 60 days of a
rerecording period unless in the opinion of the Director undue hardship
would be caused the applicant.
[13:26:1923; A 1925, 22; NCL § 3802]—(NRS A 1961, 538; 1975, 355;
1993, 1738; 1999, 3675 )
1. The Department may compile and issue books, and supplements
thereto, containing transcripts of part or all of its records of brands
and marks, so arranged and indexed as to be suitable for use in
identifying any brands or marks which may be found in this state on any
animals, or the hides thereof, and used in compliance with the provisions
of NRS 564.010 to 564.150 , inclusive.
2. Copies of the brand books and supplements must be made
available to any person at a charge to be fixed by the Department, but
the charge must not be less than the cost of compilation, publication and
issuance.
3. Copies of the brand books or supplements may be furnished by
the Department, without charge, to any public officer or other person
whose possession of the book or supplements will, in the opinion of the
Department, serve to promote the general welfare.
[5:26:1923; NCL § 3794]—(NRS A 1961, 539; 1993, 1738; 1999, 3676
)
1. It is unlawful for the owner of any legally recorded brand,
recorded under the provisions of NRS 564.010 to 564.150 ,
inclusive, to use the brand on any position, on any animal, or in any
area, other than that authorized in writing at the time the brand was
recorded, or subsequent thereto, by the Department. The Department may,
on the written application of the owner of any legally recorded brand,
authorize in writing a change of position or a new position for the
application of the brand, or change or enlarge the area in which it may
be used, if in the opinion of the Department the change in position or
area of use will not jeopardize or injure the rights or property of the
owner of any other brand remaining of legal record.
2. Any application for a change in position or a new position or a
change in the area of use as provided in subsection 1 must set forth a
sufficient reason for the change, and the Department may require such
supporting evidence for the change as it deems necessary to establish the
facts.
3. It is unlawful for any person to obliterate, disfigure, extend,
deface or remove from any animal a brand that is recorded pursuant to the
provisions of NRS 564.010 to 564.150
, inclusive.
[14b:26:1923; added 1945, 225; 1943 NCL § 3803.02]—(NRS A 1961,
540; 1993, 1739; 1999, 3676 )
Any person violating any of the provisions
of NRS 564.010 to 564.140 , inclusive:
1. Is guilty of a misdemeanor, except that any person who violates
the provisions of subsection 3 of NRS 564.140 is guilty of a gross misdemeanor.
2. In addition to any criminal penalty, shall pay to the
Department an administrative fine of not more than $1,000 per violation.
Ê If an administrative fine is imposed pursuant to this section, the
costs of the proceeding, including investigative costs and attorney’s
fees, may be recovered by the Department.
[15:26:1923; NCL § 3804]—(NRS A 1961, 540; 1993, 899; 1995, 548;
1999, 3677 )
