1. When cattle, horses, or mules are offered for sale at any brand inspection point, proof of ownership must be established by the shipper of the cattle, horses, or mules, either by a recorded brand, bill of sale, livestock market clearance, local inspection certificate, or an affidavit of ownership.

1. 2. If any animal inspected bears the recorded brand of the shipper or seller and also bears a recorded brand or brands other than the recorded brand of the shipper or seller, then the shipper or seller may be required, at the discretion of the brand inspector, to establish ownership of such animal by bills of sale, market clearance, local inspection certificate, or any other satisfactory evidence of ownership.

2. 3. A claim for feed, pasture, or gathering may not be submitted at market. All such claims must be referred to and approved for payment from proceeds of sale by the association, unless payment is authorized in writing by the owner of the brand carried by such livestock.

3. 4. Sales agency, packing plant, and buying stations where inspection is conducted must furnish necessary help, without charge, to assist the brand inspectors in handling cattle, horses, or mules to be inspected for brands.

4. 5. All cattle, horses, or mules entering an inspection point must be placed in pens assigned to individual sellers and must be kept separate from all other cattle, horses, or mules until inspected by the brand inspector and released for sale or shipment.

5. 6. No cattle, horses, or mules may be inspected when loaded in trucks or after dark or by artificial light, unless approved by the chief brand inspector. The chief brand inspector may grant approval to premises which meet artificial light specifications and may extend or remove such approval.

6. 7. The association shall provide a sufficient and competent force of brand inspectors at inspection points to conduct the brand inspection in an efficient and timely manner.

7. 8. Brand inspectors may not inspect their own livestock.

8. 9. Meat processing facility inspections:

1. a. The association, upon a recommendation by the chief brand inspector, shall make an inspection of any butcher shop, buying station, locker plant, or custom meat cutting and processing establishment where cattle are slaughtered or processed for the owner for a fee.

2. b. Brand inspectors, when directed to do so by the chief brand inspector, may go upon the premises of any such butcher shop, buying station, locker plant, or custom meat cutting establishment, for the purpose of making physical inspection on the premises as to the ownership or identity of animals or their carcasses.

9. 10. Brand inspection fees and expenses are as follows:

1. a. A permanent inspection permit may be obtained from the association, for horses and mules only, by payment of a twenty-five dollar inspection fee.

2. b. A fee of one dollar and fifty cents per head on all cattle, horses, or mules subject to brand inspection at points where such inspection is maintained shall be paid by: 1. (1) The owner of the cattle, horses, or mules; or 2. (2) The commission firm, sales agency, buying station operator, or packing plant company when sold by a commission firm, sales agency, or when purchased by a buying station operator or packing plant. Upon a sale, the commission firm, sales agency, buying station operator, or packing plant company shall: 1. (a) Collect and withhold from the proceeds of such sale the inspection fee; and

1. (b) Pay the association upon demand the entire amounts collected without any deductions.
2. c. Whenever a brand inspector is required to travel to points other than the inspector's official stations to perform local brand inspection, the shipper, owner, or consignor shall pay the inspector mileage at the same rate per mile [1.61 kilometers] paid to state officials, in addition to the regular brand inspection fee.11. The following auction markets outside the state are designated official brand inspection markets for North Dakota origin cattle, horses, and mules: Mobridge livestock auction, Mobridge, South Dakota; Lemmon livestock market, inc., Lemmon, South Dakota; Sisseton livestock sale co., Sisseton, South Dakota; hub city livestock sale co., Aberdeen, South Dakota; Aberdeen livestock sales, Aberdeen, South Dakota; Herreid livestock sale co., Herreid, South Dakota; Glendive livestock auction, Glendive, Montana; Sidney livestock market center, Sidney, Montana. If any of the above markets, or other markets designated by the board, where the association provides brand inspection closes for a period of three months or longer, the market must file a written request and follow the same criteria as listed for new requests for brand inspection services.- a. The request must be from a market within thirty-five miles of the state border, unless granted an exemption by the board.
3. b. The number of potential inspections must be at a level that is feasible for the association to hire personnel to perform the inspection services.
4. c. The auction markets must file a bond with the association in an amount to assure that any shortage of income from inspections will cover all expenses incurred in performing the services.
5. d. The auction markets must agree to abide by all North Dakota livestock inspection laws and rules. Failure to do so may result in immediate suspension or revocation of brand inspection services.

History: Effective July 1, 2016; amended effective July 1, 2024.

General Authority: NDCC 4.1-72-01

Law Implemented: NDCC 4.1-72-01, 4.1-73-23, 4.1-74-01, 36-05-10