Ohio Administrative Code
Title 901:1 - Animal Industry
Chapter 901:1-25 - Livestock Brands
Section 901:1-25-01 - Procedures for recording livestock brands
Current through all regulations passed and filed through December 16, 2024
(A) As used in this chapter of the Administrative code:
(B) Livestock brands within the state of Ohio shall be recorded with the department .
(C) The brand, after being received and approved by the director in accordance with this rule, shall be recorded in the department's central registry. A formal certificate containing a facsimile of the brand shall be issued to the applicant as proof of ownership.
(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 department .
(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.
(F) In order to avoid confusion, the director requires that :
(G) The director 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.
(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 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.
(I) Owners of livestock wishing to use earmarks or notches in addition to a recorded brand may so notify the director, in writing, and the marks or notches will be listed in the state brand book.
(J) Freeze branding is an approved humane method of applying brands.
(K) For the purpose of determining renewal date, the period between the date the brand is recorded by the director and January first of the next year shall constitute the first year of the five-year period.
(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 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.