Wyo. Code R. 051-0001-9
General Agency, Board or Commission Rules
Chapter 9: Brand Inspection Fees
Effective Date: 12/09/2005 to 04/08/2006
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 051.0001.9.12092005
Section 1. Authority. Pursuant to the authority vested in the Wyoming Livestock Board by virtue of WS §11-18-103(v), WS §11-20-201 through WS §11-20-229 and WS §11-20-401 through WS §11-20-409 the following rules and regulations are hereby promulgated.
Section 2. Purpose. The purpose of these rules is to define the terms and procedures for implementing the sections of House Enrolled Act 47 effective July 1, 1990, House Bill 81 effective July 1, 1994, House Bill 243 effective February 27, 1995, and House Bill 258 effective February 24, 1995, which pertain to establishing fees to fund brand inspection and predator control. These rules specifically do not address state and district predator boards which are addressed in county rules.
Section 3. Definitions. For the purposes of implementing the brand inspection program, the definition in WS §11-20-101 and the following definitions are applicable:
(a) 'Agent of the Board' - a Brand Inspector, Brand Inspection District Supervisor, Senior Brand Inspection Supervisor, Brand Commissioner, an Investigator, the Wyoming State Veterinarian or agency director.
(b) 'Bona Fide Owner' - one who possesses a bill of sale, a sale barn receipt of ownership, a brand evidencing ownership, or other proof of ownership for livestock.
(c) 'Bona Fide' Wyoming Resident - a United States citizen who has been a resident of Wyoming and domiciled in Wyoming for not less than one (1) year and who has not claimed residency elsewhere for any purpose during that one (1) year period. Having a Wyoming mailing address shall not alone prove Wyoming residency. 'Resident' also includes any legal alien who has resided continuously in Wyoming for at least one (1) year.
(d) 'Board' - The Wyoming Livestock Board; State Agency 051.
(e) 'Brand Inspection Forms' - a document or brand inspection certificate created and issued by the Board for the purpose of implementing the Brand Inspection Program as proscribed by W.S. 11-20-201 et seq. Brand inspection forms include:
A Form - A document created by the Board and used for intrastate and/or interstate movement of livestock; also issued when a change of ownership occurs. The blue copy of this form is considered title to the livestock as described on the form.
B Form - A document created by the Board and issued at licensed Wyoming livestock markets as title and clearance to destination. The blue copy of this form is considered title to the livestock as described on the form.
D Form - A document created by the Board and issued for intrastate and interstate movement of hides.
G Form - A document created by the Board and issued for the intrastate movement of livestock to a Wyoming livestock market, and for interstate movement of cattle and horses to South Dakota markets (Sturgis, St. Onge and Belle Fourche).
H Form - A document created by the Board and issued for intrastate movement of work, show or rodeo stock for one year from the date of issue.
L Form - A document created by the Board and issued as a permanent or lifetime inspection to the owner of livestock used for rodeo, show, racing, pleasure or Wyoming farm or ranch work. The blue copy of this form is considered title to the livestock as described on the form and is void upon change of ownership.
(f) "Brand Inspector" - an agent or employee of the Board authorized to perform brand inspections pursuant to W.S. 11-20-201 et seq.
(g) "Commercial Feedlot" - a confined dry lot area for feeding of cattle, bison, or sheep on concentrated feed with no facilities for pasturing or grazing.
(h) "Livestock" - cattle, sheep, or horses, mules, and asses.
(i) "Wyoming State Veterinarian" - an Accredited Veterinarian employed by the Board who serves as the State Veterinarian for the State of Wyoming and Chief Executive Officer of the Board.
(a) Except for out-of-state sheep and cattle consigned for immediate sale in a licensed or exempted market facility and out-of-state sheep and cattle entering a commercial feedlot, the predatory animal control fee shall be set by each County Predatory Animal Board at their annual meeting as proscribed by W.S. 11-6-210.
(b) As proscribed by W.S. 11-6-210 (a), the predator control fee shall not be collected more than once every (12) months regardless of ownership on any cattle or sheep inspected. It is the responsibility of the livestock owner to provide the brand inspector with documentation that the predator control fee has been previously collected.
(c) Sheep and cattle taken out-of-state and re-branded with a brand recorded in another state or province prior to being shipped back into the state shall be considered out-of-state sheep and cattle and shall be subject to any applicable predatory animal control fees as proscribed by W.S. 11-6-210.
(a) Any private agency empowered or directed to collect funds under WS §11-6-210, WS §11-20-201, WS §11-20-203, WS §11-20-212, WS §11-20-217, WS §11-20-222, WS §11-20-223, WS §11-20-224, WS §11-20-225, WS §11-20-401 and WS §11-20-402, shall execute to the state a blanket bond or individual bonds with good and sufficient surety in an amount determined by the board.
(a) Pursuant to WS §11-20-401(a), the general brand inspection fee is:
(i) One dollar ($1.00) for all cattle inspected on A and B forms except those which qualify for the G form authorized by WS §11-20-217 and the accustomed range permits authorized by WS §11-20-212 and WS §11-20-223.
(ii) Twenty cents ($.20) per head on all sheep inspected on A and B forms except unbranded and undocked lambs running with their mothers or as excepted in subsection.
(A) Sheep leaving a commercial feedlot, which have already been brand inspected in the past 120 days, or for which out of state change of ownership can be documented in the last 120 days, will be charged five cents ($.05) per head.
(iii) Seven Dollars ($7.00) per head for the first ten head of horses inspected on the A and B forms and one dollar ($1.00) for each additional horse inspected at the same time and place.
(iv) Five dollars ($5.00) surcharge per inspection except when no mileage is incurred by the brand inspector or the inspection is done at an approved licensed livestock market.
(b) Pursuant to WS §11-20-402(a), the general brand inspection fee is:
(i) Twelve dollars ($12.00) for each L Form issued pursuant to WS §11-20-224.
(ii) Seven Dollars ($7.00) per animal for each H Form for the first ten (10) head inspected and one dollar ($1.00) for each additional head inspected pursuant to WS §11-20-225.
(iii) Five dollars ($5.00) surcharge per inspection except when no mileage is incurred by the brand inspector or the inspection is done at an approved licensed livestock market.
(a) Pursuant to WS §11-20-217, the fee is:
(i) Fifty cents ($.50) for cattle moving interstate to any Board approved South Dakota livestock markets where Wyoming Brand inspection is maintained.
(ii) Fifty cents ($.50) for horses moving interstate to any Board approved South Dakota livestock markets where Wyoming Brand inspection is maintained.
(a) Pursuant to WS §11-20-212, the fee for an In-state range movement permit is twenty five dollars ($25.00).
(b) Pursuant to WS §11-20-223 Out-of-state accustomed range permit inspection fees are:
(i) Twenty five cents ($.25) per head for cattle and horses greater than six months of age.
(ii) Five cents ($.05) per head for sheep greater than six months of age.
(a) If an agent of the Board determines a permit holder of an instate range movement permit or out-of-state accustomed range permit is violating WS §11-20-212 (intrastate) or WS §11-20-223 (interstate) they shall refer the matter to the Livestock Board for a hearing on the possible revocation or suspension of the permit as authorized in WS §11-20-212 or WS §11-20-223.
(b) If the Wyoming State Veterinarian or the Board determines that the public health, safety or welfare imperatively requires emergency action against the permit holder they may immediately revoke or suspend the permit and proceed with a hearing authorized by WS §16-3-107 through WS §16-3-112.
(a) Penalties for a violation of these rules will be pursuant to law.