BRAND & THEFT COMMITTEE
17-Resolution passed in 2017
16-Resolution passed in 2016
15-Resolution passed in 2015
FREEZE BRANDING FOR CATTLE - 17 (BT)
WHEREAS, livestock brands are important tools for ownership identification and marketing; and
WHEREAS, properly applied freeze brands yield easy-to-read, permanent identification on animals; and
WHEREAS, North Dakota Century Code accepts freeze brands as official proof of ownership for horses and mules, but disallows them for cattle; and
WHEREAS, other states across the country allow freeze brands on cattle as official proof of ownership and have not encountered problems with them.
THEREFORE BE IT RESOLVED, the NDSA pursues legislation that would expand the use of freeze brands as legal proof of ownership on cattle along with horses and mules in North Dakota.
BRAND LAW ENFORCEMENT – 16 (BT)
WHEREAS, the NDSA was established to protect livestock producers against loss and theft; and
WHEREAS, North Dakota’s brand laws and brand programs are designed to achieve that goal; and
WHEREAS, NDSA brand officials work cooperatively with law enforcement agencies, state’s attorneys and others to bring forth justice in livestock-related cases.
THEREFORE BE IT RESOLVED, the NDSA works to strengthen the enforcement of North Dakota’s livestock laws to enhance the protection of livestock producers.
NATIONAL TRACEABILITY SYSTEM - 16 (BT)
WHEREAS, the NDSA strongly believes that current brand inspection and brand recording programs are a viable traceback system; and
WHEREAS, it is the goal of the NDSA to work with animal health officials to provide a cost-effective means to traceback livestock for disease within 48 hours by utilizing current brand inspection and brand recording programs.
THEREFORE BE IT RESOLVED, the NDSA believes that any animal identification system be and remain market-driven.
STOLEN CATTLE - 16 (BT)
WHEREAS, a specific federal statute prohibits the interstate shipment of stolen cattle and prescribes a penalty for its violation without regard to the outcome of any local prosecution for the larceny of the cattle involved in the interstate shipment; and
WHEREAS, this federal law is not adequately enforced, especially where local action has been taken.
THEREFORE BE IT RESOLVED, the NDSA urges and specifically requests the Justice Department to prosecute all known violators of the federal law and, further, to vigorously enforce such law without regard to the outcome of any local prosecution.
BILL OF SALE TRANSFER - 15 (BT)
WHEREAS, anyone who sells cattle, horses or mules in North Dakota must, at the time of sale, transfer title/ownership of the animal to the buyer of any animal that is carrying a brand; and
WHEREAS, if the seller is the registered owner of the brand on the livestock, he or she must sign a legal bill of sale at the time of the sale, which includes date of the sale, number of head sold, sex of the animal(s), brand and the location of the brand. The brandowner must also have his or her signature witnessed on the bill of sale; and
WHEREAS, many parties buy branded animals then resell them to other parties in North Dakota without any transfer of ownership, leaving the new owners with no claim to the animals; and
WHEREAS, in other cases, sellers issue bills of sale for brands that they do not own. These are fraudulent bills of sale and are not legal proof of ownership for the new owner either, which results in proceeds being held at the auction markets and other problems.
THEREFORE BE IT RESOLVED, the NDSA supports a law change to enhance penalties for failure to transfer title or proper ownership of livestock at the time of sale.