Article 1. Requirements of California Food And Agricultural Code >> Division 10. >> Chapter 4. >> Article 1.

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

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.

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.

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

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

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.

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.

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.

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.

(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 ($100).
  (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.