H.B. 211

1

BRAND INSPECTION AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David Ure
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Livestock Brand and Anti-theft Act to exempt registered
10 horse transfers from the brand inspection requirement in certain transfer of ownership
11 situations.
12 Highlighted Provisions:
13 This bill:
14 . defines private treaty transaction and register;
15 . amends livestock brand inspection provisions to exempt registered horse transfers
16 from the brand inspection requirement in certain transfer of ownership situations;
17 and
18 . provides rulemaking authority to the Department of Agriculture and Food to
19 establish standards for identification of horses in transfer of ownership transactions.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 4-24-2, as last amended by Chapter 302, Laws of Utah 1997
27 4-24-11, as last amended by Chapter 302, Laws of Utah 1997

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 4-24-2 is amended to read:
31 4-24-2. Definitions.
32 As used in this chapter:
33 (1) "Brand" means any identifiable mark applied to livestock which is intended to show
34 ownership.
35 (2) "Carcass" means any part of the body of an animal, including but not limited to
36 hides, entrails, and edible meats.
37 (3) "Domesticated elk" shall have the meaning as defined in Section 4-39-102 .
38 (4) "Hide" means any skins or wool removed from livestock.
39 (5) "Livestock" means cattle, calves, horses, mules, sheep, goats, hogs, or domesticated
40 elk.
41 (6) (a) "Livestock market" means a public market place consisting of pens or other
42 enclosures where cattle, calves, horses, or mules are received on consignment and kept for
43 subsequent sale, either through public auction or private sale.
44 (b) "Livestock market" does not mean:
45 (i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock
46 breeder, or feeder who is going out of business; or
47 (ii) a place where an association of livestock breeders under its own management,
48 offers registered livestock or breeding sires for sale and assumes all responsibility for the sale,
49 guarantees title to the livestock or sires sold, and arranges with the department for brand
50 inspection of all animals sold.
51 (7) "Mark" means any dulap, waddle, or cutting and shaping of the ears or brisket area
52 of livestock which is intended to show ownership.
53 (8) "Private treaty transaction" means the transfer of ownership of livestock by
54 agreement or contract other than at a livestock market.
55 (9) "Registered" means livestock that is listed with an established registration
56 organization for that breed of livestock.
57 [(8)] (10) "Slaughterhouse" means any building, plant, or establishment where animals
58 are killed, dressed, or processed and their meat or meat products offered for sale for human

59 consumption.
60 Section 2. Section 4-24-11 is amended to read:
61 4-24-11. Certificate of brand inspection necessary to effectuate change of
62 ownership -- Exception.
63 (1) Except as provided in [Subsection] Subsections (2) and (3), the ownership of cattle,
64 horses, domesticated elk, or mules may not be transferred to any other person, through sale or
65 otherwise, without a certificate of brand inspection issued by a department brand inspector.
66 (2) (a) A brand inspection is not required to transfer ownership of dairy calves from the
67 farm of origin under 60 days of age.
68 (b) Any person who transports dairy calves that have not been brand inspected pursuant
69 to Subsection (2)(a) shall be required to show a sales invoice upon request.
70 (3) A brand inspection is not required to transfer ownership of a registered horse sold
71 in a private treaty transaction if:
72 (a) the breed registration papers are transferred into the new owner's name within 30
73 days after the purchase; and
74 (b) the transfer of ownership of the horse does not involve a livestock dealer, as
75 defined by Subsection 4-7-3 (6), or an auction.
76 (4) The department may by following the procedures and requirements of Title 63,
77 Chapter 46a, Utah Administrative Rulemaking Act, make rules establishing standards to
78 accurately identify horses in transfer of ownership transactions.




Legislative Review Note
as of 10-19-05 1:26 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel