(A)
As used in this
chapter of the Administrative code:
(1)
"Brand" means a distinctive design, mark of
identification, or number that is applied to the hide of livestock by a hot
iron or other humane method approved by the director of the Ohio department of
agriculture.
(2)
"Department" means the Ohio department of
agriculture.
(3)
"Director" means the director of the Ohio department of
agriculture.
(4)
"U.S.D.A." means the United States department of
agriculture.
(A)
(B) Livestock brands
within the state of Ohio shall be recorded
in
with the
Ohio department
of agriculture.
(B)
(C) The brand, after
being received and approved by the director
of the
Ohio department of agriculture in accordance with this rule, shall be
recorded in the
department of agriculture
department's central registry. A formal
certificate containing a facsimile of the brand shall be issued to the
applicant as proof of ownership.
(C)
(D) Except for
"in-herd
"
individual
livestock identification or disease control purposes, no persons within
the state of Ohio may use any brand for identifying livestock unless that brand
has been recorded with the
Ohio department
of agriculture.
(D)
(E) No brand may be
recorded or used which is identical with, or in the opinion of the director, is
so similar to any brand previously recorded that it is liable to cause
confusion as to the identity or ownership of the livestock.
(E)
(F)
In order to avoid confusion, the director requires that
brands:
(1)
Be
Brands are read from:
(a) Left to right;
(b) Top to bottom;
(c) Outside to inside.
(2) All stacked and/or connected brands will
be read from top to bottom whether or not the bottom letter may extend to the
left.
(3) Brands will be filed in
the category read first (left takes preference over top).
(4) Brands will be filed in the following
sequence:
(a) "A" to "Z";
(b) "1" to "9";
(c) Symbols and characters:
(i) Double letters;
(ii) Letter with numbers;
(iii) Letters with characters (to the right
or below).
(5) Single letter brands shall not be
recorded.
(6) No lazy open "As"
will be recorded
.
:"><"
(7)
"><"
will be considered as "Vs."
(7)
(8) The letter "G"
will only be recorded in the reverse position.
(8)
(9) The letter "C"
will never be recorded in the reverse position.
(9)
(10) The letter "W"
will not be recorded in the lazy position, it will be considered as the letter
"M."
(10)
(11) The letter "I" will only be recorded with another
letter.
(11)
(12) Lower case (e.g., a, c, t, d,) will not be
recorded.
(12)
(13) Circles and
zeroes
zeros will be
recorded as the letter "O."
(13)
(14) The letter "Q"
will not be recorded.
(14)
(15) Half diamonds
must always have the point ends toward the brands.
(15)
(16) Quarter circles
must always be recorded with the points away from the brand, and are never
connected with the letter.
(16)
(17) Brands
consisting of Arabic numerals only may be used for individual livestock
identification (in-herd) if they are located at least ten inches away from any
recorded brand. In-herd brands are not to be recorded.
(17)
(18)
When a recorded brand is applied to livestock which may have been branded by a
previous owner, the new brand must be applied so as not to knowingly overlap,
obliterate, disfigure, or mutilate the previous brand.
(18)
(19)
Brands shall be placed in one specific location upon an animal. The appropriate
location shall be designated on the brand recordation application.
(19)
(20)
Horses may be branded on the shoulders or neck regardless of the specific
location designated for other livestock. Brands shall not be recorded on the
ribs of horses.
(20)
(21) All cattle brands must be a minimum of three
inches in height and all other brands must be a minimum of two inches in
height.
(F)
(G) The director of
agriculture shall adjust conflicting livestock brands and make such
changes as may be necessary. Such changes are conclusive and such brand as the
director indicates may be recalled or adjusted at any time by means of written
notice from the director to the owner. Written notice will include an
explanation for the recall or adjustment together with any suggestions for
changes that would be appropriate. All livestock marked with brands later
recalled or adjusted, shall retain said brand on livestock previously branded.
The owner of the recalled or adjusted brand shall not knowingly apply any new
brand so as to interfere, overlap, obliterate, disfigure, or mutilate the
previously recorded brand. If applicant disagrees with the decision of the
director he shall issue a written request for an appeal within thirty days of
receiving a rejection notice. The director will then schedule a hearing to hear
the appeal and make a decision in the matter.
(G)
(H) Any brand which,
in the opinion of the director, is designed in such a manner as to cause
difficulty in obtaining a readable brand (due to
blotching, etc.) shall not be recorded. The director shall notify the
applicant and either adjust or return the facsimile brand. If the facsimile
brand is returned to the applicant, the recording fee shall also be
returned.
(H)
(I) Owners of livestock wishing to use earmarks or
notches in addition to a recorded brand may so notify the
administrator
director, in writing, and the marks or notches will be
listed in the state brand book.
(I)
(J)
The director of agriculture rules that
freeze
Freeze branding
meets the requirements of a brand and is an
approved
humane method of applying
brands.
(J)
(K) For the purpose of determining renewal date, the
period between the date
a
the brand is recorded by the director and January
first of the next year shall constitute the first year of the five-year
period.
(K)
(L) If the owner of a brand of record fails, refuses,
or neglects to pay the fee by June thirtieth of the year in which it is due,
the brand shall be forfeited and no longer carried in the record. A forfeited
brand may not be issued to another person for a period of five years following
the date of forfeiture. During this five-year period, the former owner of
record may make application to the department for reinstatement of a forfeited
brand. Such application shall be accompanied by a re-recording fee as
established in rule
901:1-25-02
901:8-1-02 of the Administrative Code. The
renewal date for a reinstatement brand shall remain the same and renewal fees
on such brands shall be due on January first of each fifth year following
original recording.
