1     
BRAND INSPECTION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marc K. Roberts

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions regarding the branding of cattle and branding fees.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies that cattle that do not forage in an open range are not required to bear a
13     brand or mark; and
14          ▸     exempts certain cattle from brand inspection fees.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          4-24-205, as renumbered and amended by Laws of Utah 2017, Chapter 345
22          4-24-304, as renumbered and amended by Laws of Utah 2017, Chapter 345
23          4-24-308, as renumbered and amended by Laws of Utah 2017, Chapter 345
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 4-24-205 is amended to read:
27          4-24-205. Livestock on open range or outside enclosure to be marked or branded

28     -- Cattle upon transfer of ownership to be marked or branded -- Exceptions.
29          (1) (a) Except as provided in Subsections (1)(b) and (c), no livestock shall forage upon
30     an open range in this state or outside an enclosure unless they bear a brand or mark recorded in
31     accordance with this chapter.
32          (b) Swine, goats, and unweaned calves or colts are not required to bear a brand or mark
33     to forage upon open range or outside an enclosure.
34          (c) Domesticated elk may not forage upon open range or outside an enclosure under
35     any circumstances as provided in Chapter 39, Domesticated Elk Act.
36          (2) (a) Except as provided in Subsection (2)(b), all cattle, upon sale or other transfer of
37     ownership, shall be branded or marked with the recorded brand or mark of the new owner
38     within 30 days after transfer of ownership.
39          (b) No branding or marking, upon change of ownership, is required [within the 30-day
40     period] for:
41          (i) unweaned calves;
42          (ii) registered or certified cattle;
43          (iii) youth project calves, if the number transferred is less than five; or
44          (iv) dairy cattle held on farms.
45          Section 2. Section 4-24-304 is amended to read:
46          4-24-304. Brand inspection required before slaughter -- Exceptions.
47          (1) Except as provided in Subsection (2), a brand inspection is required before any
48     cattle, calves, horses, domesticated elk, or mules are slaughtered.
49          (2) (a) A person may slaughter cattle, calves, horses, or mules for that person's own use
50     without a brand inspection if the requirements of Section 4-32-106 are met.
51          (b) Cattle that are not required under Subsection 4-24-205(1)(a), to bear a brand or
52     mark may be slaughtered without a brand inspection.
53          Section 3. Section 4-24-308 is amended to read:
54          4-24-308. Brand inspection fees.
55          (1) The department with the approval of the Livestock Brand Board may set and collect
56     a fee for the issuance of any certificate of brand inspection.
57          (2) Brand inspection fees incurred for the inspection of such animals at a livestock
58     market may be withheld by the market and paid from the proceeds derived from their sale.

59          (3) The fee shall be determined by the department pursuant to Subsection 4-2-103(2).
60          (4) The department may not charge a brand inspection fee for cattle described in
61     Subsection 4-24-304(2)(b).