2007 California Food and Agricultural Code Article 1. Requirements

CA Codes (fac:20601-20610)

20601.  It is the ultimate object of this division to provide for
statewide recordation of brands with the entire state as one branding
district.


20602.  Brands for the purpose of establishing or indicating
ownership of cattle may be recorded pursuant to this chapter.  Brands
for other purposes shall not be recorded.



20603.  The chief shall, by regulation, prescribe the location on
the animal where different types of brands, including recorded brands
and cattle record brands, may be applied.



20604.  It is unlawful for any person to brand any animal except in
accordance with the provisions of this chapter.



20605.  It is unlawful for any person to use an unrecorded,
forfeited, or canceled brand.



20606.  It is unlawful for any person to apply a recorded brand in
any location on the animal except that which is specified on the
brand registration certificate.
   The use of a brand on any location except that which is specified
on the brand registration certificate is the same as the use of an
unrecorded brand.



20607.  It is unlawful for any person to use a brand on cattle
indicating ownership unless the cattle are owned by him or he has
been authorized by the owner of the cattle and the brand is recorded
under the owner's name and is on file with the Bureau of Livestock
Identification.



20608.  Proof of possession or ownership of cattle with an
unrecorded, forfeited, or canceled brand establishes a rebuttable
presumption that the person in possession or the owner of the cattle
has branded them with such brand.  This presumption is a presumption
affecting the burden of proof.



20609.  In every suit at law or in equity, if the title to any
animal is involved, proof of the brand of the animal establishes a
rebuttable presumption that the owner of the brand was the owner of
the animal at all times during which the brand was duly recorded as
provided in this code.  This presumption is a presumption affecting
the burden of proof.
   The right of any person to use such brand may be established by a
certified copy of the brand records on file in the bureau.




20610.  (a) The owner of cattle brought into this state from out of
state for grazing purposes may apply to the director for a permit to
allow the branding of the cattle with a brand recorded in another
state.  The director may issue a permit for this purpose under all of
the following conditions:
   (1) The owner of an identical brand recorded for use in this state
has been notified and has given written consent for the use of the
brand.
   (2) The brand is limited to use on suckling calves which are
accompanied by their mothers bearing the same brand.
   (3) The herd is inspected by the bureau prior to branding.
   (b) The director may charge a fee for inspection as provided in
Article 9 (commencing with Section 21281) of Chapter 6, including a
time and mileage charge, to cover the cost of providing the
inspection.
   (c) The director may establish and charge a fee to cover the cost
of issuing the permit authorized by this section.  The fee for the
permit shall not exceed one hundred dollars (0).
   (d) This section is applicable only to those cattle brought into
this state from a state which has implemented a reciprocal program
for cattle from this state.