2005 Nevada Revised Statutes - Chapter 564 — Brands and Marks

CHAPTER 564 - BRANDS AND MARKS

NRS 564.010 Definitions.

NRS 564.020 Ownermay adopt brand or mark; recording; unlawful earmark.

NRS 564.025 Brandingor marking of all animals grazing on open range required; application fortemporary use of brand recorded or registered in another state; exception.

NRS 564.030 Powersand duties of Director.

NRS 564.040 Applicationfor recording of brand or mark.

NRS 564.050 Onebrand to be awarded or recorded for each owner; brands for separate livestockunits; identical or similar brands; recording of unlawful earmarks prohibited.

NRS 564.055 Recordingof cattle brands.

NRS 564.060 Awardof brand upon receipt of application; contents of recording certificate;precedence of applications; refusal or inability of Department to award orrecord brand.

NRS 564.070 Recordingof brands by Department; procedure; certificate to be transmitted to owner;evidentiary effect of certificate.

NRS 564.080 Fees.

NRS 564.090 Evidentiaryeffect of certificates of recordation.

NRS 564.100 Legalstatus of certificates of rerecordation issued pursuant to 1923 law.

NRS 564.110 Brandsand marks subject to transfer; recording of instruments transferring ownership;notice to Department of existence of security agreement, assignment or lien.

NRS 564.120 Rerecordingof brands and marks: Application; fee; notice; abandonment; certificates;limitation on recording new brands.

NRS 564.130 Brandbooks and supplements: Issuance by Department; costs.

NRS 564.140 Unlawfulto use brand on position on animal or in area other than those authorized;application for change of position, new position or change in area; unlawful todeface or remove recorded brand.

NRS 564.150 Penalties.

_________

NRS 564.010 Definitions. As used in this chapter:

1. Animals means:

(a) All cattle or animals of the bovine species.

(b) All horses, mules, burros and asses or animals ofthe equine species.

(c) All swine or animals of the porcine species.

(d) All sheep and goats.

(e) Alternative livestock as defined in NRS 501.003.

2. Department means the State Department ofAgriculture.

3. Director means the Director of the Department.

[Part 2:26:1923; NCL 3791] + [12:26:1923; NCL 3801](NRS A 1961, 534; 1973, 408; 1981, 684; 1993, 433, 1733; 1995, 514; 1999, 3671)

NRS 564.020 Ownermay adopt brand or mark; recording; unlawful earmark.

1. Every owner of animals in this State may design andadopt a brand or brands, or brand and mark, or brands and marks, with which tobrand or brand and mark his animals.

2. It shall be unlawful for any owner of such animalsto brand or brand and mark, or cause to be branded or branded and marked, hisanimals with a brand or brand and mark not at the time of legal record asprovided in NRS 564.010 to 564.150, inclusive.

3. It shall be unlawful for any owner of such animalsto use an earmark which involves the removal of more than one-half of the ear,measuring from the extreme tip of the ear to the head, or which brings the earto a point by removing both edges of the ear.

[1:26:1923; NCL 3790](NRS A 1959, 175; 1961, 534)

NRS 564.025 Brandingor marking of all animals grazing on open range required; application fortemporary use of brand recorded or registered in another state; exception.

1. As used in this section, open range means allunenclosed lands outside of cities and towns upon which animals by custom,license, lease or permit are grazed or permitted to roam.

2. Except as otherwise provided in subsection 3, everyowner of animals in this State, who permits his animals to graze upon the openrange, shall design, adopt and record a brand or a brand and mark and shallbrand or brand and mark his animals as provided in NRS 564.010 to 564.150, inclusive.

3. Every owner of animals who brings such animals fromanother state into this State, if the animals have a recorded or registeredbrand of that other state, and who permits those animals to graze upon the openrange shall apply to the Department for a temporary use of the brand. Theapplication must state the period for which the animals will remain in thisState. The Department may grant a temporary use of the brand for a designatedperiod, which may not exceed the period stated in the application, or require anew brand or a brand and mark as required by this section.

4. This section does not apply to animals that areless than 6 months of age.

(Added to NRS by 1973, 408; A 1993, 1734; 1999, 3671)

NRS 564.030 Powersand duties of Director. The Director may carryout the provisions of NRS 564.010 to 564.150, inclusive, and, for that purpose,adopt such regulations not inconsistent therewith, and appoint such agents,under his direction, as he deems necessary therefor. All expenses in connectiontherewith must be paid from the Livestock Inspection Account, except asotherwise provided in NRS 564.010 to 564.150, inclusive.

[Part 2:26:1923; NCL 3791](NRS A 1961, 534; 1991,1793; 1993, 1734; 1999,3671)

NRS 564.040 Applicationfor recording of brand or mark.

1. Any owner of animals in this State desiring toadopt and use thereupon any brand, or brand and mark, or marks, as provided forin NRS 564.010 to 564.150, inclusive, shall, before doing so,forward to the Department an application, on a form approved and provided bythe Department for that purpose, for the recording of the brand, or brand andmark or marks, and receive a certificate of recordation as provided in NRS 564.010 to 564.150, inclusive.

2. The application must:

(a) Include a drawing, exact except as to size, of thebrand, together with any earmarks or other marks desired or intended to be usedtherewith, and the location upon the animal or animals concerned where thebrand and earmarks or other marks are desired or intended to be used;

(b) Include a statement of the kinds of animals uponwhich the brand or brand and mark or marks are used or will be used;

(c) Include a statement of the approximate boundariesof that part of the State within which it is intended to use the brand, brandand mark or marks; and

(d) Include the full name and address of the applicant.

3. For the purpose of NRS 564.010 to 564.150, inclusive, the post office addressincluded in the application must be considered the legal address of the applicantuntil the Department receives from the applicant, in writing, a notice of thechange of the address, the latest address of record with the Departmentremaining the legal address.

[6:26:1923; A 1945, 225; 1943 NCL 3795](NRS A1961, 14, 534; 1993, 1734; 1999, 3672)

NRS 564.050 Onebrand to be awarded or recorded for each owner; brands for separate livestockunits; identical or similar brands; recording of unlawful earmarks prohibited.

1. Only one brand may be awarded or recorded for eachowner of animals, except that the owner or owners of separate and distinctlivestock units may, under the provisions of NRS564.010 to 564.150, inclusive, andwithin the discretion of the Department, record one brand for use in connectionwith and for each such distinct and separate livestock unit.

2. No brand may be recorded or used which is identicalwith or, in the opinion of the Department, so similar to any brand previouslyrecorded and remaining of legal record, or any abandoned brand which has notbeen abandoned for 1 year, as provided in NRS564.120, that it may cause confusion as to the identity or ownership ofanimals, or which may be readily used to obliterate or alter any legallyrecorded brand that is used in the same area in this state.

3. The provisions of this section do not apply to thererecording of any brand legally recorded on July 1, 1961, and remaining oflegal record in this state under the provisions of NRS 564.010 to 564.150, inclusive, insofar as the legalowners of the brand on July 1, 1961, are concerned, until July 1, 1976, or tobrands legally transferred as provided for in NRS564.110.

4. After July 1, 1959, an earmark may not be recordedwhich violates the provisions of subsection 3 of NRS 564.020.

[7:26:1923; A 1945, 225; 1943 NCL 3796](NRS A1959, 175; 1961, 535; 1967, 317; 1993, 1735; 1999, 3672)

NRS 564.055 Recordingof cattle brands.

1. Brands for cattle shall be recorded for use in onlytwo of the following positions:

(a) The hip on the right-hand side;

(b) The hip on the left-hand side;

(c) The shoulder on the right-hand side;

(d) The shoulder on the left-hand side;

(e) The rib cage on the right-hand side; or

(f) The rib cage on the left-hand side.

2. Nothing in this section shall be construed topreclude the use of date brands.

(Added to NRS by 1961, 512; A 1967, 314; 1973, 873)

NRS 564.060 Awardof brand upon receipt of application; contents of recording certificate;precedence of applications; refusal or inability of Department to award orrecord brand.

1. Upon receipt of an application, as set forth in NRS 564.040, the Department shall cause therecords of previously recorded brands, remaining of legal record, or notabandoned for more than 1 year as provided in NRS564.120, to be searched and, if the brand applied for is recordable underthe provisions of NRS 564.050, award thebrand set forth in the application to the applicant and proceed to record thebrand, together with the mark or marks.

2. In the case of any brand awarded after July 1,1945, the recording certificate issued by the Department must define the areawithin this state where the brand may be used, and the position on the animalconcerned, where it may be applied, and the use of the brand outside that area,or its application to other positions, without the written approval of theDepartment is unlawful.

3. A brand applied for must not be awarded or recordeduntil after the lapse of 2 legal business days after the receipt of theapplication for the brand at the established office of the Department.

4. In all cases where, under the terms of NRS 564.010 to 564.150, inclusive, the brand or brands andmark or marks applied for cannot legally be awarded by the Department to theapplicant, the applicant must promptly be so notified by the Department.

5. Applications for the awarding and recording of brandsor brands and marks must take precedence in the chronological order of theirreceipt at the established office of the Department.

6. The Department may refuse to award or record abrand known to be in use at the time in this state, or in an abutting county ofan adjoining state, by a person other than the applicant therefor.

[8:26:1923; A 1945, 225; 1943 NCL 3797](NRS A1961, 535; 1993, 1735; 1999,3673)

NRS 564.070 Recordingof brands by Department; procedure; certificate to be transmitted to owner;evidentiary effect of certificate.

1. Upon the awarding of a brand or brands as providedin NRS 564.010 to 564.150, inclusive, the Department shallimmediately proceed to record the brand or brands.

2. The recording must consist of the transcribing upona suitable and permanent record, which is a public record and prima facieevidence of the facts contained in the record, designed and approved by theDepartment for that purpose, of:

(a) A facsimile, except as to scale, of the brand orbrand and mark or marks awarded.

(b) The location upon the animal concerned of the brandor brand and mark or marks as awarded.

(c) The date of application.

(d) The date of award.

(e) The district within which the brand or brands andmark or marks are used or will be used.

(f) The kind of animals upon which the brand or brandsand marks are used or will be used.

3. The Department shall promptly cause to be preparedand sent to the person to whom the award is made a certificate containing thesame entries as those set forth upon the permanent record of the Departmentdescribed in subsection 2 and certified to by the Department or its authorizedagent. The certificate has the legal status of similar certificates as setforth in NRS 564.090.

[9:26:1923; NCL 3798](NRS A 1961, 536; 1993, 1736;1999, 3673)

NRS 564.080 Fees. Except as otherwise provided in NRS 564.010 to 564.150, inclusive, the Department mayestablish and collect reasonable fees for:

1. The recording of brands or brands and marks;

2. The rerecording of brands or brands and marks;

3. The recording of instruments transferring ownershipof brands or brands and marks;

4. Certificates of recordation or rerecordation ofbrands or brands and marks; or

5. The processing and continuing administration of asecurity agreement, provisional assignment or legal lien relating to a brand orbrand and mark or marks of record for purposes of NRS 564.110.

[14:26:1923; NCL 3803](NRS A 1961, 537; 1993,1736; 1999, 3674;2003, 1430)

NRS 564.090 Evidentiaryeffect of certificates of recordation. Allcertificates of recordation of brands or brands and marks furnished by theDepartment under the provisions of NRS564.010 to 564.150, inclusive, areprima facie evidence of the ownership of all animals of the kind or kinds andbearing the brand or brands and mark or marks specified and as set forththerein, and those certificates must be taken as evidence of that ownership inall suits of law or in equity, or in any criminal proceedings, if the title toanimals in this state is involved or proper to be proved.

[10:26:1923; A 1923, 316; NCL 3799](NRS A 1961, 537;1993, 1736; 1999,3674)

NRS 564.100 Legalstatus of certificates of rerecordation issued pursuant to 1923 law. Certificates of rerecordation furnished to the legal ownersof brands and marks pursuant to the provisions of section 4 of chapter 26,Statutes of Nevada 1923, shall have the legal status of brand certificates asset forth in NRS 564.090.

[Part 4:26:1923; NCL 3793]

NRS 564.110 Brandsand marks subject to transfer; recording of instruments transferring ownership;notice to Department of existence of security agreement, assignment or lien.

1. Any brand or brand and mark or marks awarded andrecorded and remaining of record in accordance with the terms of NRS 564.010 to 564.150, inclusive, including thosetransferred legally as provided in this section, are the property of the personto whom they stand of record as provided in NRS564.010 to 564.150, inclusive, andare subject to sale, assignment, transfer, security agreement or lien, deviseand descent the same as other personal property.

2. Instruments of writing evidencing the sale,assignment, transfer, security agreement, lien, devise or descent must be in thatform, as to text, signatures, witnesses, acknowledgments or certifications,required by statutes, in the case of the kind of instrument concerned, but theDepartment may secure such competent legal advice or rulings, and require suchsupporting evidence as it deems necessary, as to such instruments of writing,being in fact, authentic and in legal form, before approving and recordingthose instruments of writing as provided in NRS564.010 to 564.150, inclusive.

3. Instruments in writing evidencing the transfer ofownership of any brand or brand and mark or marks must, after approval, berecorded in the office of the Department in a book to be provided for thatpurpose, and are not legally binding until so approved by the Department andrecorded.

4. The recording of those instruments has the sameforce and effect as to third parties as the recording of instruments affectingthe sale, assignment, transfer, devise or descent of other personal property.The original, or a certified copy of any such instrument, may be introduced inevidence in the same manner as is provided for similar instruments affectingpersonal property, and the record of the instrument or instruments of transfer,or the transcript thereof certified by the custodian of the record, may be readin evidence without further proof.

5. If any brand or brand and mark or marks of record,in accordance with the provisions of NRS564.010 to 564.150, inclusive,becomes the subject of, or is included in, any security agreement, provisionalassignment or legal lien, the secured party, provisional assignee or lienholdermay notify the Department in writing as to the existence and conditions of thesecurity agreement, provisional assignment or lien. After the receipt of thewritten notice, the Department shall not transfer the brand or brand and markor marks, other than to the secured party, provisional assignee or lienholderuntil there is filed with the Department satisfactory legal evidence that thesecurity agreement, provisional assignment or lien has been legally satisfiedand removed.

6. No transfer or change, or partial, joint orcomplete ownership, of any brand under the provisions of this section:

(a) Grants or recognizes any change in the method orarea of its use from that authorized at the time of recording, or subsequentthereto but before the transfer or change of ownership; or

(b) Waives or modifies the rerecording requirements setforth in NRS 564.120.

[11:26:1923; A 1937, 154; 1945, 225; 1943 NCL 3800](NRS A 1961, 537; 1965, 943; 1993, 1737; 1999, 3674)

NRS 564.120 Rerecordingof brands and marks: Application; fee; notice; abandonment; certificates;limitation on recording new brands.

1. Any owner of a brand or brand and mark or marks ofrecord under the provisions of NRS 564.010to 564.150, inclusive, including brandsor marks transferred pursuant to the provisions of NRS 564.110, desiring legally to continuethe use of the brand or brand and mark or marks beyond the prescribed datesshall, within 60 days before January 1, 1976, and at the end of each 4-yearperiod thereafter, apply to the Department for the rerecording of the brand orbrand and mark or marks.

2. The application must be made in writing andaccompanied by any rerecording fee established by the Department in accordancewith the provisions of NRS 564.080.

3. The Department shall notify every owner of a brandor brand and mark or marks of legal record in its office, including owners ofbrands and marks transferred under the provisions of NRS 564.110, at least 60 days before toJanuary 1, 1976, and January 1 at the end of each 4-year period thereafter, ofhis right to rerecord the brand or brand and mark or marks as provided in thissection. The notice must be in writing and sent by mail to each such owner athis last address of record in the office of the Department. The notice iscomplete at the expiration of 60 days after the date of its mailing by theDepartment.

4. The Department may also advertise the approach ofany rerecording period in such manner and at such times at it deems advisable.

5. Any brands or brands and marks for the rerecordingof which the owners have not applied as provided for in this section by January1, 1976, or by January 1 of any 4-year period after that date, including allbrands and marks of record as transferred as provided in NRS 564.110, shall be deemed abandoned andno longer of legal record as provided for by NRS564.010 to 564.150, inclusive.Brands or brands and marks thus abandoned may not be awarded or recorded by theDepartment to persons other than those persons abandoning the brands or brandsand marks until 1 year after the date of the abandonment. The awarding andrecording of abandoned brands or brands and marks to any person must be inaccordance with the provisions of NRS564.010 to 564.150, inclusive.

6. The Department shall furnish the legal owners ofany brand or brand and mark or marks rerecorded under the provisions of thissection with a certificate setting forth the fact of the rerecordation.

7. No new brands may be recorded during the 60 days ofa rerecording period unless in the opinion of the Director undue hardship wouldbe caused the applicant.

[13:26:1923; A 1925, 22; NCL 3802](NRS A 1961,538; 1975, 355; 1993, 1738; 1999, 3675)

NRS 564.130 Brandbooks and supplements: Issuance by Department; costs.

1. The Department may compile and issue books, andsupplements thereto, containing transcripts of part or all of its records ofbrands and marks, so arranged and indexed as to be suitable for use inidentifying any brands or marks which may be found in this state on anyanimals, or the hides thereof, and used in compliance with the provisions of NRS 564.010 to 564.150, inclusive.

2. Copies of the brand books and supplements must bemade available to any person at a charge to be fixed by the Department, but thecharge must not be less than the cost of compilation, publication and issuance.

3. Copies of the brand books or supplements may befurnished by the Department, without charge, to any public officer or otherperson whose possession of the book or supplements will, in the opinion of theDepartment, serve to promote the general welfare.

[5:26:1923; NCL 3794](NRS A 1961, 539; 1993, 1738;1999, 3676)

NRS 564.140 Unlawfulto use brand on position on animal or in area other than those authorized;application for change of position, new position or change in area; unlawful todeface or remove recorded brand.

1. It is unlawful for the owner of any legallyrecorded brand, recorded under the provisions of NRS 564.010 to 564.150, inclusive, to use the brand on anyposition, on any animal, or in any area, other than that authorized in writingat the time the brand was recorded, or subsequent thereto, by the Department.The Department may, on the written application of the owner of any legallyrecorded brand, authorize in writing a change of position or a new position forthe application of the brand, or change or enlarge the area in which it may beused, if in the opinion of the Department the change in position or area of usewill not jeopardize or injure the rights or property of the owner of any otherbrand remaining of legal record.

2. Any application for a change in position or a newposition or a change in the area of use as provided in subsection 1 must setforth a sufficient reason for the change, and the Department may require suchsupporting evidence for the change as it deems necessary to establish thefacts.

3. It is unlawful for any person to obliterate,disfigure, extend, deface or remove from any animal a brand that is recordedpursuant to the provisions of NRS 564.010to 564.150, inclusive.

[14b:26:1923; added 1945, 225; 1943 NCL 3803.02](NRSA 1961, 540; 1993, 1739; 1999, 3676)

NRS 564.150 Penalties. Any person violating any of the provisions of NRS 564.010 to 564.140, inclusive:

1. Is guilty of a misdemeanor, except that any personwho violates the provisions of subsection 3 of NRS 564.140 is guilty of a grossmisdemeanor.

2. In addition to any criminal penalty, shall pay tothe Department an administrative fine of not more than $1,000 per violation.

If anadministrative fine is imposed pursuant to this section, the costs of the proceeding,including investigative costs and attorneys fees, may be recovered by theDepartment.

[15:26:1923; NCL 3804](NRS A 1961, 540; 1993, 899;1995, 548; 1999, 3677)

 

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