169AMARKING AND BRANDING OF LIVESTOCK169A.1Definitions.When used in this chapter:1“Animal” means a creature belonging to the bovine, caprine, equine, ovine, or porcine species; ostriches, rheas, or emus; farm deer as defined in section 170.1; or poultry.2“Brand” means an identification mark that is burned into the hide of a live animal by a hot iron or another method approved by the secretary. A brand shall include a cryo-brand.3“Computer” means the same as defined in section 22.3A.4“Cryo-brand” means a brand produced by application of extreme cold temperature.5“Identification device” means a device which when installed is designed to store information regarding an animal or the animal’s owner in an electronic format which may be accessed by a computer for purposes of reading or manipulating the information.6“Install” means to place an identification device onto or beneath the hide or skin of an animal, including but not limited to fixing the device into the ear of an animal or implanting the device beneath the skin of the animal.7“Livestock” means horses, cattle, sheep, mules, or asses.[C66, 71, 73, 75, 77, 79, 81, §187.1]86 Acts, ch 1245, §635C93, §169A.195 Acts, ch 60, §1; 98 Acts, ch 1208, §1; 2003 Acts, ch 149, §2, 23Further definitions; see §159.1 169A.2Adoption of brand.Any person owning livestock may adopt a brand for the purpose of branding the livestock. The person shall have the exclusive right to use the brand in this state, after recording the brand as provided in sections 169A.4 and 169A.6 or 169A.9.[C66, 71, 73, 75, 77, 79, 81, §187.2]C93, §169A.295 Acts, ch 60, §2169A.3Must be recorded.Evidence of an animal’s ownership shall not be established in court by the animal’s brand, unless the animal is livestock, the brand complies with the requirements of this chapter, and the brand is recorded as provided in sections 169A.4 and 169A.6 or 169A.9.[C66, 71, 73, 75, 77, 79, 81, §187.3]C93, §169A.395 Acts, ch 60, §3169A.4Recording — fee.A person desiring to adopt a brand shall forward to the secretary a brand application on forms approved by the secretary and providing for the desired brand, together with a recording fee of twenty-five dollars. Upon receipt, the secretary shall file the application and fee, unless the brand is of record of another person or conflicts with or closely resembles the brand of another person. If the secretary determines that such brand is of record or conflicts with or closely resembles the brand of another person, the secretary shall not record it but shall return the facsimile and fee to the forwarding person. However, the secretary shall renew a conflicting brand if the brand was originally recorded prior to July 1, 1996, and the brand is renewed as provided in section 169A.13. The department may notify each owner of a conflicting brand that the owner may record a nonconflicting brand. The power of examination, approval, acceptance, or rejection shall be vested in the secretary. The secretary shall file all brands offered for record pending the examination provided for in this section. The secretary shall make such examination as promptly as possible. If the brand is accepted, the brand’s ownership shall vest in the person recording it from the date of filing.[C51, §921 – 923; R60, §1556 – 1558; C73, §1480, 1481, 3809; C97, §2335, 2336; C24, 27, 31, 35, 39, §2977, 2978; C46, 50, 54, 58, 62, §187.2, 187.3; C66, 71, 73, 75, 77, 79, 81, §187.4]C93, §169A.496 Acts, ch 1119, §1; 2001 Acts, ch 183, §20; 2002 Acts, ch 1050, §61, 65169A.5Effect of record.The recording provided for in sections 169A.4 and 169A.6 or 169A.9 shall secure the brand to the person and shall be considered personal property of said owner.[C66, 71, 73, 75, 77, 79, 81, §187.5]C93, §169A.5169A.6Certified copy furnished.As soon as the brand is recorded by the secretary, the secretary shall furnish the owner of the brand with a certified copy of the record of the brand.[C66, 71, 73, 75, 77, 79, 81, §187.6]C93, §169A.695 Acts, ch 60, §4169A.7Unlawful use of brand — penalty.A person shall not use any brand for branding livestock, unless the brand has been recorded as provided by this chapter. A person may use an unrecorded hot brand or an unrecorded cryo-brand, consisting only of Arabic numerals, if the person uses the unrecorded brand in conjunction with the person’s recorded brand, and only for purposes of identifying animals within a herd. However, the unrecorded brand shall not be evidence of ownership. A person convicted of violating this section shall be guilty of an aggravated misdemeanor.[C66, 71, 73, 75, 77, 79, 81, §187.7]C93, §169A.795 Acts, ch 60, §5169A.8Sale or assignment of brand.Any brand recorded as provided in section 169A.4 shall be the property of the person causing such record to be made and shall be subject to sale, assignment, transfer, devise, and descent as personal property. Instruments of writing, evidencing the sale, assignment, or transfer of such brand shall be recorded by the secretary and the fee for recording such sale, assignment, or transfer shall be in an amount established by rule of the secretary pursuant to chapter 17A, which amount shall be based upon the administrative costs of maintaining the brand program provided for by this chapter.[C66, 71, 73, 75, 77, 79, 81, §187.8]C93, §169A.8169A.9Certified copy to new owner.As soon as instruments of writing evidencing the sale, assignment, or transfer of a brand have been recorded by the secretary, the secretary shall furnish such new owner one certified copy of such sale, assignment, or transfer.[C66, 71, 73, 75, 77, 79, 81, §187.9]C93, §169A.9169A.10Evidence of ownership — investigations.1In a suit at law or equity or in any criminal proceedings in which the title to an animal is an issue, the following shall be admissible as evidence:aA certified copy of a record as provided for in section 169A.6 or 169A.9. The certified copy shall be prima facie evidence of the ownership of livestock by the person in whose name the brand is recorded.bInformation stored in an identification device which identifies the owner of an animal. The information shall be prima facie evidence of the ownership of the animal, if all of the following apply:1The identification device meets applicable design standards adopted by the international standard organization, or which may be adopted by the department.2The identification device is installed according to manufacturer’s requirements.3The information is not in conflict with a certified copy of a record as provided for in section 169A.6 or 169A.9.cThe results of a sheriff’s investigation as provided in this section.2A dispute involving the custody or ownership of an animal branded or subject to electronic identification under this chapter shall be investigated, on request, by the sheriff of the county where the animal is located. The sheriff may call upon the services of an authorized person, approved by the secretary, in reading the brands on animals. The cost of the services shall be paid by the person requesting the investigation. The results of the sheriff’s investigation are a public record.[C66, 71, 73, 75, 77, 79, 81, §187.10]C93, §169A.1095 Acts, ch 60, §6; 98 Acts, ch 1208, §2169A.11Publication of brands list.The secretary from time to time shall publish on the internet a list of all brands on record at the time of the publication. The publication shall contain a facsimile of all brands recorded and the owner’s name and post office address. The records shall be arranged in convenient form for reference. [C66, 71, 73, 75, 77, 79, 81, §187.11]C93, §169A.1195 Acts, ch 60, §7; 2012 Acts, ch 1095, §60169A.12Repealed by 2001 Acts, ch 183, §23. 169A.13Renewal of brand and fee.Each owner of a brand which is recorded pursuant to section 169A.4 shall renew the brand every five years after originally recording the brand and pay a renewal fee. The amount of the renewal fee is twenty-five dollars. The secretary shall notify every owner of a brand of record at least thirty days prior to the date of the renewal period. If the owner of a brand of record does not renew the brand and pay the renewal fee within six months after it is due, the owner shall forfeit the brand and the brand shall no longer be recorded. A forfeited brand shall not be issued to any other person for five years following date of forfeiture.[C66, 71, 73, 75, 77, 79, 81, §187.13]C93, §169A.1395 Acts, ch 60, §8; 96 Acts, ch 1034, §8; 2001 Acts, ch 183, §21; 2002 Acts, ch 1119, §24169A.13ABranding administration fund.1A branding administration fund is created in the state treasury under the control of the department. The fund is composed of moneys collected in fees as provided in this chapter, moneys appropriated by the general assembly, and moneys available to and obtained or accepted by the department from the United States or private sources for placement in the fund.2The fund is subject to warrants written by the director of the department of administrative services, drawn upon the written requisition of the department.3Moneys in the fund are appropriated to the department for the exclusive purpose of supporting the administration of this chapter by the department.4The department may adopt rules pursuant to chapter 17A to administer this section.5Section 8.33 shall not apply to moneys in the fund. Notwithstanding section 12C.7, moneys earned as income, including as interest, from the fund shall remain in the fund until expended as provided in this section.2001 Acts, ch 183, §22; 2003 Acts, ch 145, §286169A.14Tampering.1A person shall not do any of the following to an animal:aBrand, attempt to brand, or cause to be branded livestock, without authorization from the owner.bEfface, deface, or obliterate or attempt to efface, deface, or obliterate a brand, without authorization from the owner of the livestock.cBrand, attempt to brand, or cause to be branded a recorded brand on livestock, without authorization of the owner of the brand.dInstall an electronic device or remove or damage an installed electronic device, without authorization from the owner of an animal.2A person violating this section is guilty of a fraudulent practice as provided in chapter 714.[C66, 71, 73, 75, 77, 79, 81, §187.14]C93, §169A.1498 Acts, ch 1208, §3169A.15Repealed by 95 Acts, ch 60, §10. 169A.16Repealed by 96 Acts, ch 1119, §2.