1     
BRAND INSPECTORS AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keven J. Stratton

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions regarding brand inspections.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that a brand inspection is not required at the time of slaughter if the owner
13     certifies that:
14               •     the owner has owned the animal since the animal's birth; or
15               •     the animal was inspected at the time the owner acquired the animal;
16          ▸     prohibits brand inspectors from entering private property at any time without:
17               •     the property owner's permission; or
18               •     a court-issued warrant; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          4-24-304, as last amended by Laws of Utah 2020, Chapter 311
27          4-24-504, as renumbered and amended by Laws of Utah 2017, Chapter 345

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 4-24-304 is amended to read:
31          4-24-304. Brand inspection required before slaughter -- Exceptions.
32          (1) Except as provided in Subsections (2) [and (3)] through (4), a brand inspection is
33     required before any cattle, calves, horses, domesticated elk, or mules are slaughtered.
34          (2) (a) A person may slaughter cattle, calves, horses, or mules for that person's own use
35     without a brand inspection if the requirements of Section 4-32-106 are met.
36          (b) The department may authorize a custom exempt slaughter facility or a farm custom
37     slaughter licensee to verify ownership of cattle, calves, horses, or mules before slaughter for the
38     owner's use.
39          (c) A custom exempt slaughter facility or farm custom slaughter licensee authorized by
40     the department, shall verify ownership of cattle, calves, horses, or mules before slaughter for
41     the owner's use.
42          (d) If the department has reason to believe that a licensee or registrant is or has engaged
43     in conduct that violates this chapter, the department shall issue a notice of agency action
44     pursuant to Section 4-1-106.
45          (3) The department may authorize a state or department employee to verify ownership
46     of cattle or calves at a licensed meat establishment before slaughter, if there is no change in
47     ownership of the cattle or calves.
48          (4) A brand inspection is not required before slaughter if the owner of the cattle,
49     calves, horses, or mules to be slaughtered certifies under penalty of perjury that:
50          (a) the owner is the rightful owner of the animal; and
51          (b) (i) the owner of the animal has owned the animal since the animal was born; or
52          (ii) the animal was inspected by a brand inspector at the time the owner acquired the
53     animal.
54          Section 2. Section 4-24-504 is amended to read:
55          4-24-504. Enforcement -- Brand inspector's powers delineated.
56          (1) A brand inspector is empowered with the authority of a special function officer for
57     the purpose of enforcing this chapter and such an inspector may, if proper, stop any vehicle
58     carrying livestock or livestock carcasses for the purpose of examining brands, marks,

59     certificates of brand inspection, and bills of lading or bills of sale relating to the livestock in
60     transit.
61          (2) (a) [Brand] Except as provided in Subsection (2)(b), brand inspectors may enter any
62     premises where livestock are kept or maintained for the purpose of examining brands or marks.
63          (b) A brand inspector may not enter private property for any reason without:
64          (i) the permission of the property owner; or
65          (ii) an ex parte warrant described in Subsection (2)(c).
66          [(b)] (c) If admittance is refused, the department may proceed immediately to obtain an
67     ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the
68     premises for the purpose of examining brands or marks or other evidence of ownership.