(1) Under the brand laws of the state only hot iron brands will be recognized by the Department of Livestock, Brands Enforcement Division on all livestock, with the exception that freeze brands may be applied to:

(a) horses, mules, or asses; and

(b) cattle only as provided in ARM 32.18.109.

(2) The hot iron or freeze brand must peel or heal to be valid for ownership.

(3) Fresh brands shall not be used to transfer ownership without bill of sale to prove ownership.

(4) A bill of sale may also be required to prove ownership of livestock with multiple brands.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Brand ownership is valid only if the owner's name is recorded in the department.

(2) Multiple names may be recorded in the following manner only: "x and y", or "x or y".

(a) The designation "and/or" is not acceptable.

(b) A brand recorded in "x and y" designates tenants in common.

(c) A brand recorded in "x or y" designates joint tenancy with right of survivorship.

(3) A brand may be transferred only if the signatures of all recorded owners appear on the transfer whether or not "and" or "or" is between the names.

(4) In order to own a Montana brand, a corporation, limited liability company, limited liability partnership, trust, or any other business that is required to be registered with the office of the Montana Secretary of State must be registered with the Secretary of State.

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(1) Except as provided in (3), ownership of livestock bearing a brand recorded in "x and y" may be transferred only if the transfer bears the signatures of all recorded owners or their designated assigns.

(2) Except as provided in (3), ownership of livestock bearing a brand recorded in "x or y" may be transferred if the transfer bears the signature of one recorded owner or their designated assigns.

(3) Recorded owner(s) of a brand may designate on the records of the department any person(s) who may transfer livestock bearing the brand of the recorded owner(s).

(a) Such designations are valid only if signed by all recorded owners of the brand at the time of the designation.

(1) Once the department has begun processing a recording of a brand, any changes proposed to the original application will be considered a new application and an additional fee will be charged.

(1) A nationally or internationally recognized equine breed registry mark made on equine animals to designate a specific equine breed shall not be recorded as a brand, but may be recognized for breed identification purposes.

(a) Any official equine breed organization, association, or registry's designated registry mark is acceptable for placement on an equine animal located in or brought into Montana.

(2) An equine breed registry mark is not proof of ownership, but merely identification of breed.

(a) All equine animal owners must comply with Montana ownership branding statutes and rules.

(3) Equine breed registry marks are allowed on equine animals only, and not on any other type of livestock.

(1) Freeze branding of cattle is allowed under the following conditions:

(a) all freeze brands must be recorded by the department;

(b) in order to record a freeze brand, the owner must have a hot iron brand recorded by the department;

(c) the freeze brand must be identical in design and location to the owner's hot iron brand;

(d) the freeze brand will be recorded on the same certificate; and

(e) freeze brands can only be transferred with the hot iron brand.

(1) Brand fees are set by the Board of Livestock and all Montana brands must be issued through the brand recording office.

(a) Except for seasonal market, feedlot, or location brands which will be issued by department district or state inspectors only.

(2) New brands:

(a) livestock and ornamental:

(i) application forms are available on the department web site, at the brand office in Helena, and at brand offices located in livestock auction yards.

(ii) The application and appropriate fee must be submitted to the brand recorder for processing.

(b) The brand recorder shall process livestock and ornamental applications in the following manner:

(i) deposit the fee;

(ii) check for conflicts;

(iii) issue an available brand, or if none of the applicant's submissions are available, check a similar brand for conflicts and offer it as an alternative option.

(iv) The applicant must accept or decline the alternative option in writing within ten working days of the date on the option letter.

(v) If the applicant's reply is received after the offer deadline it will be considered a new application, must be rechecked for conflicts, and will require an additional new brand fee.

(vi) The refund policy applies to livestock, ornamental, and seasonal brands for going to grass:

(A) fifty percent of the fee to record or transfer a brand is nonrefundable;

(B) if the applicant fails to respond to the brand recording office for a period of more than six months, the entire brand recording fee becomes nonrefundable.

(3) Seasonal brands for going to grass:

(a) applications are available only at the Helena brand office; and

(b) will be processed by the brand recorder in the same manner as new mark or brand applications.

(4) Seasonal brand for a feedlot, market, or location (allowing other state brand to be applied in Montana):

(a) will be issued only by a district or state inspector and only if the following conditions are met:

(i) the owner of the out-of-state brand shall provide proof of current brand ownership;

(ii) the application will be completed and, if a seasonal brand is issued, it will be valid for 36 hours;

(iii) the livestock that are on the application will be worked off the Montana brand/Montana inspections and be destined only to the state listed on the seasonal brand application;

(iv) the seasonal brand will be noted on the movement inspection only and will have no ownership value; and

(v) the owner will be totally responsible to ensure the livestock leave the state of Montana within the 36 hours;

(b) should any livestock be found within the state of Montana without proper paperwork from the brand state it will be considered a violation of this provision, and

(i) will result in a penalty equal to the cost to investigate the matter, and

(ii) may result in no other seasonal feedlot brand applications being issued to the offender.

(5) Brand transfer requests must be submitted with the required fee and:

(a) the completed request for transfer (located on the reverse side of the official brand certificate) which must include the notarized signatures of all original owners as listed on the front of the official brand certificate;

(b) if the original owner of the transferring brand is deceased:

(i) a copy of the death certificate; and

(ii) appropriate documentation (i.e., personal representative or executor paperwork) must be provided to complete the transfer;

(c) removal of a deceased person's name from a brand held in joint ownership with right of survivorship shall require:

(i) a copy of the death certificate; and

(ii) the required fee from the surviving owner(s).

(d) to ensure that fees are commensurate with cost, owners may be charged additional fees as a result of their errors in transfer paperwork.

(6) Fees for new brands or transfers shall not be prorated.

(7) Changes to image, species, or position require submission of a new brand application and the required fee.

(8) A brand will not be held or checked for conflicts by phone.

(1) Rerecording of brands is required each tenth year after 1921.

(a) The rerecord fee is set by the Board of Livestock.

(b) Rerecord applications and fees must be received in the brand recorder office by midnight on December 31 of the rerecord year.

(i) There is no grace period.

(2) Brands not rerecorded within the rerecord year are considered dropped by the brand owner and are no longer of record in the department.

(a) A former brand holder who failed to rerecord in the preceding rerecord year and wants the brand back must reapply and submit the required fee.

(i) Such reapplication must be treated as a new brand application and is subject to all applicable new brand restrictions and fees.

(3) Brand owners requesting transfer while rerecording their brand shall be charged a separate transfer fee.

(1) Special identification marks may be used on livestock as an age tally mark or as herd or individual animal identification.

(a) Marks must contain one to four numeric digits ("0-9" inclusive) and may also include a single letter ("A-Z" inclusive);

(b) Livestock must be branded with the registered brand of the livestock owner; and

(c) Marks may be applied to any location using freeze or hot iron branding methods.

(2) Special identification marks are not permitted if they create any discrepancy or confusion over livestock ownership.

(a) If ownership becomes an issue, the department will follow 81-3-204, MCA, and attempt to determine ownership.

(1) All livestock presented to a state stock inspector or a deputy stock inspector for a brand inspection must be inspected during daylight hours.

(a) Livestock may be inspected while on vehicles only when:

(i) the inspector can safely read all marks and brands; and

(ii) the animals are on an open truck or in a horse trailer.

(2) The inspection shall permit the movement of livestock from the place of inspection immediately to the destination shown on the inspection certificate.

(a) Diversion or off-loading of the livestock is not allowed without further inspection:

(i) except for purposes of feed or water; and

(ii) only if there is no livestock at the off-loading place with which the livestock on the vehicle can mix or mingle.

(3) The inspection certificate shall permit the movement of livestock identified thereon for no more than 36 hours after time of issue.

(1) The adjoining county grazing permit allows livestock to move for grazing purposes from the ranch of origin in Montana to a premises in an adjoining Montana county.

(2) The permit must be issued by a department employee, not a deputy stock inspector.

(a) The ranch of origin and destination premises must be owned or controlled by the livestock owner or the owner's agent. The owner or owner's agent must be authorized to grant department employees access to the destination premises to inspect any livestock that are present while the permit is in effect.

(b) Permits are valid for eight months after the issue date.

(c) Only one permit may be issued for an animal or group of animals in any 12-month period.

(d) For the purpose of obtaining an adjoining county grazing permit, livestock must be branded with a Montana brand recorded to the owner of the livestock.

(e) Requests for permits may be denied if previous permits have been suspended.

(f) A grazing association may impose conditions on such permits including a requirement that livestock be individually inspected prior to entering or leaving the common grazing area.

(3) Grazing permits may be suspended if the livestock owner:

(a) provides false information on the permit;

(b) transports animals not authorized to move on a grazing permit;

(c) allows animals to leave or be removed from the destination premises and not return to the ranch of origin; and

(d) violates state or federal livestock containment, livestock inspection, or animal health regulations.

(4) If the permit is expired or suspended, or if animals are not returning to the origin premises, animals must move in accordance with 81-3-211(1) through (6)(e) and (7), MCA.

This rule has been repealed.

(1) Livestock consigned to a Montana licensed livestock market may be removed by either the market or a person having possession or control of the consigned livestock only after obtaining a market release issued by a Montana Department of Livestock inspector.

(a) The release shall describe the livestock for which it is issued by sex, brand, and breed.

(b) The permit is valid for 36 hours after the release is issued.

(2) Diversion from the destination shown on the release is not allowed unless

the person making the diversion has obtained either:

(a) a brand inspection; or

(b) an appropriate transportation permit authorizing movement of the livestock to the new destination.

(1) Removal of sheep or lambs from any Montana county or from the state requires a permit issued by a Department of Livestock state or deputy state stock inspector prior to movement.

(a) The permit must be issued on an approved department form.

(b) The owner or their agent must sign the permit and certify as to:

(i) approximate number and description; and

(ii) brands or marks, breed, and color.

(2) When used for a sheep permit, the form shall show destination within or out of the state of Montana.

(3) For those sheep leaving an auction market, the owner's account of sale purchase sheet shall constitute a sheep permit.

(4) For show purposes only within the state of Montana, an annual sheep permit is required.

(5) For grazing purposes only, a sheep permit may be issued allowing the movement of sheep from one county to an adjoining county under the following terms:

(a) only one permit is allowed in a 12-month period;

(b) permit is only valid for a period of eight months from date of issuance;

(c) permit must be issued by a state stock inspector; and

(d) permit may be used in lieu of the permit for removal required under this rule for movement across a county line.

(6) A state stock inspector may enter any premises to which sheep have been transported and inspect:

(a) any sheep moved under any sheep permit; and

(b) any sheep with which the transported sheep have commingled.

(2) Any violation of this rule may cause initiation of appropriate state personnel disciplinary sanctions, which may include termination of the inspector's employment.

(1) Removal of domestic bison from any Montana county or from the state requires a permit issued by a Department of Livestock state or deputy state stock inspector prior to movement.

(a) The permit must be issued on an approved department form.

(b) The owner or their agent must sign the permit and certify as to approximate number and description.

(c) The department form shall, when used for a domestic bison permit, show destination within or out of the state of Montana.

(d) For those domestic bison leaving an auction market, the owner's account of sale purchase sheet shall constitute a domestic bison permit.

(1) The deeded land grazing permit allows movement of cattle for grazing purposes from a Montana ranch of origin across multiple county lines to a Montana destination premises if the entire destination premises is the private deeded property of the livestock owner. 

(2) An application must be submitted to and approved by the department prior to movement.

(3) For purposes of obtaining a permit, virgin breeding females and nursing calves are not required to be branded.

(4) The provisions of ARM 32.18.202(2) through (4) apply, except ARM 32.18.202(2)(d).

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.