1     
LIVESTOCK BRANDING AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael E. Noel

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill deals with the transportation and sale of livestock.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines the term "livestock emergency";
13          ▸     states that, in certain circumstances, the commissioner may require that a person
14     transporting cattle have the cattle brand inspected;
15          ▸     states that a website created and maintained within the state that markets the sale of
16     livestock shall include a statement about the legal requirements surrounding the sale
17     and purchase of livestock;
18          ▸     describes criminal and administrative penalties; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          4-24-16, as last amended by Laws of Utah 1988, Chapter 139
27     ENACTS:
28          4-24-31, Utah Code Annotated 1953
29          4-24-32, Utah Code Annotated 1953
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 4-24-16 is amended to read:
33          4-24-16. Livestock emergency -- Transportation of livestock between brand
34     inspection districts -- Brand inspection required -- Exception -- No fee for reinspection --
35     Application for brand inspection -- Time and place of inspection.
36          (1) As used in this section, "livestock emergency" means:
37          (a) the presence of a contagious, infectious, or transmissible disease risk to livestock;
38     or
39          (b) a disaster, declared by a political subdivision, which may affect livestock.
40          [(1) A person may not transport any] (2) In a livestock emergency, the department may
41     require a person transporting cattle or calves from a point within a brand inspection district to a
42     point outside the district[, except as provided in Subsection (2), until the] to have the cattle or
43     calves [have been] brand inspected, unless the department approves their transport subject to
44     brand inspection at some point designated along the transport route.
45          (3) A brand inspection fee is not required to be paid upon reinspection of cattle or
46     calves being transported between districts from a summer or winter range or pasture if the
47     cattle or calves were brand inspected in the district of origin.
48          (4) [Before transport from one district to another] If the department is requiring brand
49     inspections, as described in Subsection (2), the owner or person responsible for the transport
50     shall apply to the department to inspect the brands and marks of [the animals] an animal to be
51     moved before transporting an animal from one district to another.
52          (5) The application described in Subsection (4) shall state [the] a time and place where
53     the animals may be inspected.
54          (6) Upon receipt of an application for brand inspection, the department shall conduct
55     the inspection:
56          (a) at the time and place specified in the application; or
57          (b) at [such other] a mutually agreed upon time and place [as the department approves].
58          [(2) Cattle or calves may be transported between brand inspection districts without
59     brand inspection if they are destined for a livestock market in this state.]
60          [(3) Horses and mules may move within the state without a brand inspection, but a
61     brand inspection is required on a change of ownership or to leave this state.]
62          Section 2. Section 4-24-31 is enacted to read:
63          4-24-31. Websites promoting the sale of livestock.
64          (1) A website, created and maintained within the state, that markets the sale of
65     livestock shall have the following statement clearly visible on each web page that displays
66     advertised livestock: "Legality of Sales and Purchase, Health Laws. If you sell or purchase
67     livestock on this site, you shall comply with all applicable legal requirements governing the
68     transfer and shipment of livestock, including Utah Code Title 4, Chapter 24, Utah Livestock
69     Brand and Anti-Theft Act, and Title 4, Chapter 31, Control of Animal Disease. Please contact
70     the Utah Department of Agriculture and Food with any questions."
71          (2) A person who violates this section shall be subject to the penalties described in
72     Section 4-24-32.
73          Section 3. Section 4-24-32 is enacted to read:
74          4-24-32. Penalties.
75          A person who violates a provision of this chapter:
76          (1) is guilty of a class B misdemeanor; and
77          (2) may be subject to administrative fines, payable to the department, of up to $1,000
78     per violation.




Legislative Review Note
     as of 2-4-15 8:54 AM

Office of Legislative Research and General Counsel