A.R.S. tit. 3 ch. 11 — Arizona Revised Statutes Title 3 Chapter 11 — Ownership, Control And Regulation Of Livestock

3-1201. Definitions In this chapter, unless the context otherwise requires: 1. "Aquaculture" means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants. 2. "Associate director" means the associate director of the division. 3. "Division" means the animal services division of the Arizona department of agriculture. 4. "Equine" means horses, mules, burros and asses. 5. "Livestock" means cattle, equine, sheep, goats and swine, except feral pigs. 6. "Livestock officer" means an animal health and welfare officer, animal health and welfare inspector or investigator employed by the department. 7. "Poultry" means any domesticated bird, whether live or dead, and includes chickens, turkeys, ducks, geese, guineas, ratites and squabs. 8. "Range" means every character of lands, enclosed or unenclosed, outside of cities and towns, upon which livestock is permitted by custom, license or permit to roam and feed. 9. "Range livestock" means livestock customarily permitted to roam upon the ranges of the state, whether public domain or in private control, and not in the immediate actual possession or control of the owner although occasionally placed in enclosures for temporary purposes. 10. "Ratite" means ostriches, emus, rheas and cassowaries. 3-1202. Division council; members A. The animal services division council, established pursuant to section 3-105, shall be composed of members who are qualified electors. No more than three members from any one county may serve on the council at any time. The members shall represent the following categories: 1. The range cattle growing industry. 2. The cattle feeding industry. 3. Producing dairies. 4. The meat packing industry. 5. The sheep and goat industries. 6. The swine producing industry. 7. The equine industry. 8. The aquaculture industry. 9. The egg or poultry industry. 10. The hay or feed industry. 11. The ratite industry. B. All members of the council shall be actively engaged in the type of business they represent. If a member acquires his representation through his affiliation with a corporation, such member shall be actively engaged in a management position and his primary source of income shall be derived from the corporation. Members shall be appointed by the director pursuant to section 3-105. 3-1203. General powers and duties; civil penalties A. The director or the director's authorized representative shall exercise general supervision over the livestock interests of the state, protect the livestock industry from theft and the livestock and poultry industries from contagious and infectious diseases and protect the public from diseased and unwholesome meat products. B. The director, with the advice of the state veterinarian, may make rules to control and govern: 1. Importation of animals and poultry into the state, establishment of quarantine and its boundaries, notice of quarantine and accomplishment of all things necessary to effect the object of the quarantine and to protect the livestock and poultry industries from and prevent the spread of contagious or infectious diseases. 2. Slaughter of animals and poultry affected by contagious or infectious diseases and disposition of carcasses of animals and poultry so slaughtered, when the action appears necessary to prevent the spread of contagion or infection among livestock and poultry. 3. Importation, manufacture, sale, distribution or use within the state of serums, vaccines and other biologics intended for diagnostic or therapeutic treatment of animals and poultry, and the importation, manufacture or use of virulent blood or living virus of diseases affecting animals and poultry. C. The director may: 1. Enter into agreements with neighboring states, including agreements regarding the use of livestock officers or livestock inspectors or other agency resources for the purpose of enforcement of livestock laws within this state or within border areas of neighboring states. 2. Waive inspections, service charges or inspection fees under this chapter in cases the director deems advisable. 3. Direct employees or peace officers to execute the director's orders under this chapter. D. The director may adopt by rule a mandatory self-inspection program for moving livestock from one location to another, and may provide for the private treaty sale of self-inspected livestock. The associate director shall monitor compliance with the requirements of the self-inspection program and shall periodically examine self-inspection records, including livestock inventory records that verify the origin, shipment or sale of livestock. For just cause the director may suspend or modify the self-inspection authorization of feedlots, dairies and producers. A person who knowingly violates the requirements of the self-inspection program shall be placed on administrative probation by the director for a period of one year. If a subsequent violation occurs during the period of probation, the person shall be brought before an administrative law judge and is subject to a civil penalty of two hundred dollars per violation, and the self-inspection authorization shall be revoked for a period of three years. The director may review any order of the administrative law judge and shall review each order involving subsequent violations during a period of probation pursuant to title 41, chapter 6, article 10. The period of a sanction imposed under this subsection begins on the date of determination of the violation at a hearing. Civil penalties imposed under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. E. The director may establish a central investigation group to investigate reports of crimes related to livestock and other violations of this title and rules adopted pursuant to this title. Livestock officers and other employees of the department shall report all cases of apparent crimes related to livestock to the associate director. The investigation group shall cooperate and coordinate its activities with appropriate federal, state and local law enforcement agencies in apprehending and prosecuting violators of livestock laws. 3-1204. Powers and duties relating to the sheep and goat industries A. The director or his authorized representative shall exercise general supervision over the sheep and goat industries of the state and shall do all things practicable to protect the industries from and to prevent disease among sheep and goats. B. The director shall prepare and adopt necessary rules: 1. Governing the importation of sheep and goats into the state by carrier or trail to insure that the animals are free from infection. 2. For quarantine and dipping of sheep and goats infected with or which have been exposed to scab or scabies, or other infectious or contagious disease. 3. For the speedy and effective suppression and eradication of disease among sheep or goats. 4. To prevent spreading or contracting of infectious or contagious diseases among sheep and goats, including requirements for inspection of sheep or goats shipped or transported, or to be shipped or transported by common carrier, contract carrier, private carrier or in any other manner whatever, whether the shipping or transporting is in interstate or intrastate commerce, or both, and to require an owner, before moving sheep or goats in such manner, to furnish an inspection certificate in the form required by the director. C. The director may establish as and declare to be an infected district any district wherein diseased or infected sheep or goats are found or have recently been grazed or driven. The director may order sheep or goats in the infected district or which are exposed to be moved, treated, disinfected or cured under quarantine regulations provided for by this title. 3-1205. Control of animal diseases; violation; classification A. When advised of the occurrence of a disease of animals or poultry which constitutes a threat to the livestock or poultry industries, the director may issue lawful orders and adopt rules he deems necessary. B. The state veterinarian may enter any place where a suspected animal or poultry may be and take custody of the animal or poultry for the purpose of determining the presence of a contagious, infectious or communicable disease. C. The director may direct the state veterinarian and agency employees to: 1. Establish quarantines and define their boundaries. 2. Destroy animals or poultry when necessary to prevent the spread of any infectious, contagious or communicable disease. 3. Appoint appraisers for the purpose of indemnifying owners of animals or poultry destroyed. 4. Control the movement of animals or poultry, animal or poultry products and agricultural products which may be directly related to dissemination of diseases affecting the livestock or poultry industries. D. Any person who violates any lawful order or rule issued pursuant to the provisions of subsection A, or breaks any quarantine established by the state veterinarian for the prevention and control of disease among livestock or poultry, is guilty of a class 2 misdemeanor. 3-1206. Suspension, revocation or termination of licenses and agreements; hearing A. Any license issued by the division may be suspended or revoked for violation or noncompliance with: 1. Any provision of this title. 2. Any rule issued pursuant to this title. 3. Any condition of the license. B. A license or agreement may be suspended, revoked or otherwise terminated or a civil penalty or other administrative sanction may be imposed only after an opportunity for a hearing conducted pursuant to, or as otherwise allowed by, title 41, chapter 6, article 10. 3-1207. Cooperation with the United States; limitations A. In addition to other powers and duties conferred by law, the director may cooperate with the animal and plant health inspection service of the United States department of agriculture, or other agency of the United States vested with similar powers and duties, in: 1. The control of contagious or infectious diseases of animals, and contagious or infectious diseases of poultry. 2. The national animal identification system. B. Inspectors of the animal and plant health inspection service may exercise all rights and authority granted to livestock officers, but they do not have enforcement powers granted to livestock officers. C. Premises registration data, animal identification data and animal tracking data collected by the director from voluntary participants pursuant to the national animal identification system are not subject to disclosure pursuant to title 39. D. The director may not submit to the federal government any premises registration data, animal identification data, animal tracking data, producer information or other information relating to animal identification unless the submission is either: 1. Required by state law. 2. Authorized by a voluntary participant in the national animal identification system. 3-1208. Officers and inspectors; conditions of employment A. An officer or inspector must have knowledge of animal husbandry and livestock laws. B. Within twelve months after employment, a livestock officer must successfully complete the law enforcement training course prescribed by the Arizona peace officer standards and training board in order to achieve permanent state employee status. This subsection does not apply to animal health and welfare inspectors. C. The director may authorize employment of livestock inspectors to inspect livestock on a full-time, part-time or seasonal basis. Livestock inspectors may exercise all rights and authority granted to livestock officers, but they do not have enforcement powers granted to livestock officers except as specifically provided by law. D. The director may assign personnel from the office of inspections to perform any of the inspections prescribed by this chapter under the direction of the associate director. E. Livestock officers and inspectors shall take the oath of office on employment. 3-1209. Counterfeiting A. No brand manufacturer, printer, or other person, firm or corporation shall cast, print, lithograph or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the department. B. No person, firm, or corporation shall: 1. Forge any official device, mark or certificate. 2. Without authorization from the department use any official device, mark, or certificate or simulation thereof, or alter, detach, deface or destroy any official device, mark or certificate. 3. Contrary to the rules prescribed by the director, fail to use or detach, deface or destroy any official device, mark or certificate. 4. Knowingly possess, without promptly notifying the department or its representative, any official device or any counterfeit, simulated, forged or improperly altered official certificate or any device or label or any carcass of any animal or part or product thereof bearing any counterfeit, simulated, forged or improperly altered official mark. 5. Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the rules prescribed by the director. 6. Knowingly represent that any article has been inspected and passed or exempted under this chapter when in fact it has not been so inspected and passed or exempted. 3-1210. Disposition of monies Monies collected under the provisions of this title relating to livestock, except those collected for acknowledgments, shall be paid to the department and deposited, pursuant to sections 35-146 and 35-147, in the state general fund, unless otherwise specifically provided. 3-1211. State veterinarian; qualifications A. The associate director, with the approval of the director and after consulting with the division council, shall employ a state veterinarian pursuant to title 41, chapter 4, article 4. B. The person employed shall be a skilled veterinarian who is a graduate of a recognized school of veterinary medicine and licensed to practice veterinary medicine in this state. 3-1212. Private practice prohibited The state veterinarian shall devote his entire time to the duties of his office and shall not engage in private practice. 3-1213. Acquisition and use of sodium pentobarbital or sodium pentobarbital derivative by county and local pounds The state veterinarian, in consultation with the director, shall establish procedures for county, city and town animal pounds that do not have a licensed veterinarian on the staff to obtain and administer sodium pentobarbital or a derivative of sodium pentobarbital. 3-1214. National animal identification system voluntary participation The director, department or any other officer, agency or instrumentality of this state shall not mandate or force participation in the national animal identification system. 3-1231. Definitions In this article, unless the context otherwise requires: 1. "Beef" includes veal. 2. "Beef products" includes veal products. 3. "Council" means the Arizona beef council. 4. "Fiscal year" means the fiscal year beginning July 1 and ending June 30. 5. "Person" means an individual, corporation, partnership, trust, association, cooperative association and any other business unit or organization. 6. "Producer" means a person who owns or acquires ownership of cattle. 3-1232. Arizona beef council; appointment; term A. There shall be an Arizona beef council, which shall be composed of nine producers to be appointed by the governor. The council shall consist of three producers of range cattle, three cattle feeders and three dairymen. B. Three members shall be appointed for terms ending June 30, 1972, three for terms ending June 30, 1973, and three for terms ending June 30, 1974. Upon the expiration of the term of a member, a successor shall be appointed by the governor for a term of three years. If a vacancy occurs, the governor shall appoint a person for the unexpired term. C. The governor shall declare the office of any member of the council vacant when he finds that: 1. The member is no longer a producer. 2. The member is unable to perform his duties. 3. The member has become a resident of another state. D. Members of the council shall serve without compensation but shall be entitled to reimbursement for subsistence and travel as provided by law for other state officers. 3-1233. Powers and duties of council A. The council shall: 1. Receive and disburse funds under the provisions of this article to be used in administering the provisions of this article. 2. Annually elect a chairman from among its members. No chairman shall succeed himself more than once. 3. Elect a secretary-treasurer who may be from among its members. 4. Meet regularly every three months and at such other times as called by the chairman or when requested by five or more members of the council. 5. Keep a permanent record of its proceedings and prepare for the governor and the beef industry an annual report of its activities, receipts and expenditures. B. The council may: 1. Conduct or contract for scientific research to discover and develop improved marketing methods for beef and beef products, including programs of consumer education and protection. 2. Disseminate reliable information, founded upon research; showing uses or probable uses of beef and beef products. 3. Study state and federal legislation with respect to tariffs, duties, reciprocal trade agreements, import quotas and other matters concerning the beef industry. 4. Sue and be sued as a council, without individual liability, for acts of the council within the scope of the powers and duties conferred upon it by this article. 5. Enter into contracts to carry out the purpose of the council as provided in this article, including contracts for promotion of beef and beef products and development of new markets through such promotion. 6. Appoint advisory groups composed of representatives from organizations, institutions or businesses related to or interested in the welfare of the beef industry. 7. Make grants to research agencies for financing special or emergency studies, or for purchase or acquisition of facilities necessary to carry out the purposes of the council. 8. Appoint subordinate officers and employees of the council and prescribe their duties and fix their compensation. 9. Cooperate with any local, state or nationwide organization or agency engaged in work or activities similar to or related to those of the council, and enter into contracts with such organizations or agencies for carrying on joint programs. 10. Act jointly and in cooperation with the state or federal government, or both, or any agency thereof in the administration of any program of the government or of a governmental agency deemed by the council as beneficial to the beef industry of this state, and expend funds in connection therewith. 11. Adopt rules and regulations necessary to carry out the provisions of this article. 12. Adopt, rescind, modify or amend all proper regulations, orders and resolutions for the exercise of its powers and duties. 3-1234. Acceptance of grants and gifts The council may accept grants, donations, contributions or gifts from any source for expenditures for any purpose consistent with the powers and duties conferred on the council. 3-1235. Payments to organizations From the funds it receives, the council may pay or contribute to organizations such as, but not limited to, the national livestock and meat board, to carry out work and programs approved by the council. 3-1236. Collection of additional amounts at time of brand inspection; disbursement A. In addition to the brand inspection fee provided in section 3-1337, the department shall collect from producers an additional amount of not to exceed one dollar per head, as determined by the council, on cattle under the same authority and at the same time, place and manner as such brand inspections are made. This subsection shall not apply to cattle being inspected when no change in ownership is involved. This subsection applies to calves aged one month and younger only if the federal order implementing the national beef promotion and research act of 1985 establishes an assessment on these animals. If the federal order is not approved by referendum as provided for in 7 United States Code section 2906(a) or (b) on or before December 31, 1988, calves aged one month and younger are exempt from this subsection. B. When depositing fees, pursuant to sections 35-146 and 35-147, the department shall make a separate and distinct accounting of monies collected under the provisions of subsection A of this section. The council may use five per cent of the monies collected under this article for administering this article. 3-1237. Failure to pay; violation; classification Any person who knowingly fails to pay or remit any monies due or collected, as provided in this article, is guilty of a class 2 misdemeanor. Failure to so remit on each inspection for which such monies are payable shall constitute a separate offense and shall not be affected by any refund either pending at the time of the offense or made at a later date. 3-1238. Exemptions The provisions of this article do not apply to: 1. A person whose only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee or other service fee. 2. A person to whom all of the following apply: (a) The person acquired ownership of cattle to facilitate the transfer of ownership of the cattle from the seller to a third party. (b) The person resold the cattle no later than ten days from the date on which he acquired ownership. (c) The person certified to the council, in the manner prescribed by the council, that the requirements of this paragraph are satisfied. 3-1239. Termination of council A. The council may be terminated as provided in this section. A referendum among the state's producers shall be conducted by the council: 1. If the council determines that it is no longer in the best interest of the beef industry of the state to continue the existence of the council and its programs; or 2. Upon the receipt by the council of a petition for such a referendum signed by five hundred or more of the state's contributing producers, which shall be signed not more than six months prior to its presentation to the council. B. In either such event the council shall conduct a referendum among the contributing producers of the state. The ballot shall be in such form as to record a yes or no answer to the question: "Shall the existence of the Arizona beef council and its programs, as authorized by title 3, chapter 11, article 2, Arizona Revised Statutes, be discontinued and terminated?" If the council finds that of those producers who voted fifty-one per cent or more voted in favor of discontinuing and terminating the council and its programs, the council shall make a finding to that effect. It shall declare the existence of the council discontinued and terminated at the end of the fiscal year in which the referendum is held. If less than fifty-one per cent of the producers who voted in the referendum election favor termination of the council, no further referendum shall be conducted for at least two years. The council shall pay the expenses necessary to carry out the referendum. C. If the council is to be terminated, the council shall pay all debts incurred by it. Any unexpended and unencumbered funds remaining in the account of the council shall be paid into the state general fund and credited to the department in the same manner as brand inspection fees. 3-1261. Adoption and recording of brand and earmark; brand as property right; sale or transfer A. Every person owning range livestock in this state shall adopt and record a brand with the division with which to brand such livestock. Branding shall be performed by a hot iron, freezing, acid or any other method that will result in a permanent mark. Any person owning range livestock may also record an earmark with which to mark such livestock as long as the earmark is not recorded for use by neighboring range livestock owners. Sheep shall be marked distinctly with a mark or device sufficient to distinguish them. Every owner of other animals may adopt a brand or earmark with which to brand or earmark such animals. B. No two brands of the same design or figure shall be adopted or recorded, but the associate director, in the associate director's discretion, may reject and refuse to record a brand or mark similar to or conflicting with a previously adopted and recorded brand or mark. A brand of the same design or figure that was issued without protest on or before August 2, 2017 may be rerecorded. C. Before a new brand is recorded, it shall be advertised in some newspaper, journal or bulletin, published in the state, at least once, and if no objection to the brand is filed in writing, it shall be recorded as provided in this article. D. The brand adopted and recorded is the property of the person adopting and recording it, and the right to use it may be sold, leased or transferred. E. A sale or transfer of the brand is not valid except by a bill of sale that is duly signed and acknowledged as deeds for conveyance of real estate are acknowledged and that is recorded with the division. F. The owner of the recorded brand shall sign the lease of the brand and file a copy of the lease with the division. G. It is unlawful to apply a recorded brand in any location on an animal except as specified on the brand registration certificate. The application of a brand in any other location is the equivalent of the use of an unrecorded brand. H. The division shall make recorded brands available to feedlots that are licensed in this state to identify livestock while in the feedlot for feeding purposes. The division shall issue the brand on request by the feedlot without charge, in a timely manner and with a minimum of administrative requirements. Brands issued under this subsection are not registered brands and are not prima facie evidence of ownership outside the feedlot. 3-1262. Recording brand and earmark; lease of brand for transient livestock A. The division shall record all brands and earmarks adopted as provided in this article. Recording shall consist of depicting a facsimile of the brand adopted, and a diagram of the earmarks, together with an entry of the name, residence, telephone number and post office address of the person adopting the brand and earmarks, the date recorded, the place upon the livestock or other animals where the brand is proposed to be used, the kind of animals upon which the brand and earmark are proposed to be used, and a general designation and statement of the location of the range whereon such animals are permitted to range. Before the record is made, proof shall be submitted to the division that the applicant is entitled to use the brand or earmark. The applicant shall also make an affidavit that he does not know of and is not interested in any similar brand or earmark being run or used by another in adjoining states or the Republic of Mexico. B. The division may lease to any applicant for a period of not to exceed one year any available brand for use on transient livestock. Brands leased for this purpose shall be placed only on the shoulder of the animal. C. The division shall not issue any new face or jaw brands for cattle beginning from and after September 30, 1988, but may rerecord face or jaw brands issued on or before that date. 3-1263. Systems for recording or rerecording The division may record and rerecord brands and earmarks in a brand book or a filing system. Recording or rerecording by either method is compliance with the requirements of this article. 3-1264. Schedule for rerecording brands and earmarks A. Beginning from and after December 31, 1985 each owner of a brand or earmark who desires to continue to use it shall apply to the division to rerecord the brand or earmark on the prescribed date and every five years thereafter according to the following schedule: Calendar Year for Initial Recording Brand and Earmark Numbers After December 31, 1985 1 through 1,500 1991 1,501 through 3,000 1992 3,001 through 4,500 1993 4,501 through 6,000 1994 6,001 through 7,500 1995 7,501 through 9,000 1986 9,001 through 10,500 1987 10,501 through 12,000 1988 12,001 through 13,500 1989 13,501 and above 1990 B. All new brands awarded and recorded after December 31, 1985 shall be rerecorded every five years following the month and year of the first recording. C. The division shall notify every owner of a recorded brand or earmark of his right to rerecord the brand or earmark. The notice shall be in writing and addressed and mailed to such owner at the last address of record in the division office at least thirty days before the rerecording date. D. Rerecording the brand or earmark shall be done in the same manner as original recording, but brands and earmarks offered for rerecording need not be advertised as required for original recording. 3-1265. Failure to rerecord as abandonment All recorded brands or earmarks for which no application to rerecord has been made within three years following the due date for rerecording shall be deemed abandoned and no longer of record. 3-1266. Fees for recording, rerecording and leasing The fee for recording a brand and earmark shall be seventy-five dollars and shall entitle the owner to a certified copy of the record. For recording a bill of sale or other instrument of conveyance of a brand and mark, the fee shall be twenty-five dollars. For issuance of an additional certified copy of a brand or bill of sale of a brand, the fee shall be ten dollars. The fee for rerecording a brand and earmark shall be fifty dollars. The fee for leasing a brand from the division for a period of not to exceed one year for use on transient livestock shall be two hundred dollars. 3-1267. Certified copy of brand entries as evidence; brand on animals as evidence of ownership A. A certified copy of an entry in a brand book or filing system relating to a recorded brand or mark shall be received in the courts of this state as prima facie evidence of all the facts required to be entered in a brand book or filing system, and of the right of the person therein named to use such brand and mark for branding or marking animals. B. The appearance upon an animal of the recorded brand of the owner as shown by the record shall be received in the courts of this state as prima facie evidence that the animal bearing the brand is the property of the owner of the recorded brand, except when such brand is borne by an animal seized under the provisions of this title. 3-1268. Issuance of brand books; charge and expenses A. The division may issue, when it deems advisable, books and supplements containing transcripts of part or all of its records of brands and earmarks, arranged and indexed suitably for use in identifying brands or earmarks on livestock, sheep or hides. B. Copies of such books shall be available to anyone at a charge fixed by the director commensurate with the cost of compilation, publication and issuance. Copies of brand books or supplements may be furnished without charge to public officials or other persons whose possession would, in the opinion of the director, serve to promote the general welfare. C. Expenses incurred pursuant to this section shall be paid from any operation fund of the division. Monies derived from the sale of brand books or supplements shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. 3-1269. Use of unrecorded brand prohibited; violation; classification; exception A. A person who knowingly brands livestock with an unrecorded, cancelled, suspended or forfeited brand is guilty of a class 3 misdemeanor. B. This section does not apply to persons that brand livestock with year, birth, numeric herd or alphabetic herd brands. 3-1291. Bill of sale required in transfer of livestock Upon the sale or transfer of livestock, except dairy calves under thirty days of age, delivery of the animals shall be accompanied by a written and acknowledged bill of sale from the vendor to the purchaser. 3-1292. Sale of livestock without lawful brand, bill of sale or power of attorney; classification; defenses A person who knowingly sells or offers for sale or trade livestock without the person’s recorded brand, or for which the person has neither a bill of sale, as provided by section 3-1291, nor power of attorney from the owner authorizing the sale, is guilty of a class 5 felony, unless the person proves that at that time the person was the owner, acted by direction of the owner or acted in good faith. 3-1293. Procedure for owner to authorize another person to deal with animals; violation A. A person who desires to authorize another person to gather, drive or otherwise handle animals bearing the recorded brand or mark owned by the person granting the authority, or animals of which he is the lawful owner but which bear other brands or marks, shall furnish the other person an authority in writing which lists the brands or marks authorized to be handled, and authorizes the other person to gather, drive or otherwise handle the animals described. B. If a person who gives written authority for the purposes provided in subsection A inserts therein any brand or mark of which he is not the lawful owner and an animal bearing such brand or mark is unlawfully taken, gathered, driven or otherwise unlawfully handled by virtue of the written authority by the person to whom the written authority was given the person giving the written authority shall be deemed a principal to the unlawful taking, gathering, driving or handling of such animals. 3-1294. Improperly maintaining a stallion or jack; classification; seizure and sale; expenses for care A. A person who maintains a stallion or jack with reckless disregard for the safety or health of other persons or property or livestock of another is guilty of a class 2 misdemeanor. B. In addition, the appropriate court, on affidavit by the livestock officer, may issue an order to seize and impound the stallion or jack until remedial action has been taken by the owner, agent or person in charge of the stallion or jack. If no remedial action has been taken after twenty days, the livestock officer shall sell the stallion or jack to the highest bidder for cash at public auction. Immediately after the sale is made, or after release to the owner who pays the hauling charges and expenses of feeding and caring for the livestock, the livestock officer shall remit the proceeds to the agency together with an itemized statement of the expense of the seizure and sale, which shall be paid as other claims. The amount received by the agency shall be deposited in the livestock custody trust fund established by section 3-1377 and retained until final determination by the court of all actions arising from the seizure of the stallion or jack. 3-1295. Lien for feed, pasturage and other services A. A person who furnishes pasture, feed or other services for livestock on the premises of that person has a lien on the stock for the amount of the charges that are due and unpaid. A person having such lien may retain the stock until the charges are paid. If possession continues for twenty days after the charges accrue, and the charges have not been paid, the person retaining possession of the stock may perfect the amount of the lien by filing an action in either superior court or justice court, according to the amount in controversy, in the jurisdiction of the holder of the stock. The hearing shall be held not less than ten and not more than twenty days after the date the action is filed in court. If the prevailing party does not receive payment due within ten days after the final judgment of the court, the prevailing party becomes the owner of the stock. The court shall award the prevailing party court costs and reasonable attorney's fees. B. On presenting a judgment of the court in the appropriate jurisdiction awarding ownership to the holder of the stock in satisfaction of the lien, the department shall issue to the holder of the stock such ownership and hauling certificates, certificates of inspection or other papers ordinarily required on the transfer of ownership of livestock. 3-1296. Ranging of unbranded range livestock prohibited; classification An owner who knowingly permits range livestock, except unweaned animals running with their mothers, to roam and feed upon the ranges of this state without being branded and marked as provided by law, is guilty of a class 2 misdemeanor. 3-1297. Concealment of livestock killed or injured by railroad or motor vehicle; classification A person who buries, removes or in any manner conceals livestock killed or injured by locomotives or cars of a railroad company or by a motor vehicle, with intent to conceal the cause of the death or injury, is guilty of a class 3 misdemeanor. 3-1298. Herding sheep or goats on land or water of another without consent; classification A. A person owning or having charge of sheep or goats who knowingly herds or permits them to be herded on lands lawfully owned or possessed by another without the express consent of the other person, or recklessly allows the sheep or goats to camp at any water developed and owned or leased by another without the express consent of the owner or lessee of the water, is guilty of a class 2 misdemeanor. B. The term "lawfully owned or possessed" applies to all land owned in fee or held under lease, contract of purchase, pre-emption, homestead or other law of the United States or the state. C. The instrument evidencing the possessory right to lands held other than by virtue of the laws of the United States or of the state shall be recorded in the office of the county recorder of the county in which the land is located before complaint may be made. 3-1299. Herding, grazing or pasturing sheep or goats on cattle range; classification; priority of right to use of range; exceptions A. A person owning or having charge of sheep or goats who knowingly herds, grazes or pastures them or recklessly permits them to be herded, grazed or pastured on a cattle range previously occupied by cattle or upon a range usually occupied by cattle either as a spring, summer or winter range, is guilty of a class 2 misdemeanor and each day of violation of this section constitutes a separate offense. B. The priority of right between cattle and sheep owners to a range is determined by priority in the usual and customary use of the range, either as a cattle or sheep range. C. Nothing in this section shall be construed to prohibit herding or grazing sheep over or upon a mixed range. A person who purchases an entire cattle range or lands or right to possession or use thereof, theretofore used as a cattle range or cattle grazing ground, or the grantees or assigns of any such person may thereafter use the range or ground as lambing or grazing grounds for sheep, subject to the provisions of this section. 3-1300. Overstocking land; classification; definition A. A person who overstocks with livestock a tract or parcel of land or range which he owns or has the lawful right to use, with the intent that such livestock leave the land and graze or feed upon the land of another person, and the livestock do leave such land and graze or feed upon the land or range of another person to the injury of such other person, is guilty of a class 2 misdemeanor. In addition thereto, such person is liable to the injured person in damages as for wilful trespass. B. For the purposes of this section "overstock" means to release on a tract or parcel of land a greater number of livestock than the grass or other forage normally produced thereon under average conditions will reasonably sustain. C. Overstocking is prima facie evidence of the intent that such livestock leave the land on which so placed and graze or feed upon land of another person. 3-1301. Gathering cattle for tournament or contest without consent of owner; classification A person who knowingly gathers range cattle for the purpose of a tournament or contest for amusement or reward, or competition for prizes, or who engages in a steer-tying contest or exhibition of steer-tying, or who casts, ropes or throws a horse, cow or other kind of animal without the written consent of the owner, except in the necessary work done on the range or elsewhere in handling such animals, is guilty of a class 2 misdemeanor. 3-1302. Taking animal without consent of owner; classification A person who knowingly takes from a range, ranch, farm, corral, yard or stable any livestock and uses it without the consent of the owner or the person having the animal lawfully in charge is guilty of a class 2 misdemeanor. 3-1303. Driving livestock from range without consent of owner; classification When livestock of a resident of the state is intentionally driven off its range by any person, without consent of the owner, the person is guilty of a class 5 felony. 3-1304. Branding or altering brand of animal of another; classification A person who brands or marks an animal with a brand other than the recorded brand of the owner, or who effaces, defaces, alters or obliterates any brand or mark upon any animal, with intent to convert the animal to his own use, is guilty of a class 4 felony and is liable to the owner of the animal for three times the value thereof. 3-1305. Obliterating or changing brand or mark; classification A person who intentionally obliterates, disfigures, extends or changes a recorded brand, or by other and additional marks, figures or characters converts a recorded brand into some other brand, is guilty of a class 4 felony. 3-1306. Prima facie guilt of owner of brand to which another brand is altered When it is proved that a recorded brand has been converted or changed into another brand claimed or owned by any person, it shall be prima facie evidence in the courts and before the department and boards or commissions of this state that the claimant or owner of the latter brand obliterated, disfigured and changed the prior recorded brand. 3-1307. Unlawfully killing, selling or purchasing livestock of another; classification; civil penalty; exception A. A person who knowingly kills or sells livestock of another, the ownership of which is known or unknown, or who knowingly purchases livestock of another, the ownership of which is known or unknown, from a person not having the lawful right to sell or dispose of such animals, is guilty of a class 5 felony. B. A person who knowingly attempts to take or does take all or any part of a carcass of any such animal, pursuant to subsection A, for such person's own use, the use of others or for sale is guilty of a class 5 felony. C. In addition to any other penalty imposed by this section, a person depriving the owner of the use of his animal or animals under subsection A or B of this section shall be liable to the owner for damages equal to three times the value of such animal or animals. D. This section shall not apply to taking up animals under the estray laws. 3-1308. Evidence of illegal possession of livestock Upon trial of a person charged with unlawful possession, handling, driving or killing of livestock, the possession under claim of ownership without a written and acknowledged bill of sale, as provided by section 3-1291, is prima facie evidence against the accused that the possession is illegal. 3-1309. Proof of branding with brand of accused as tending to show conversion by accused Upon a trial for a violation of the livestock laws of the state, the prosecution may prove, as tending to show a conversion by the accused, that the animals in question were branded into a brand or were marked into a mark claimed by the accused to be his brand or mark, although neither the brand nor the mark is recorded. 3-1310. Abandonment of animal at boarding facility or veterinarian facility When a small animal left at a boarding facility or any animal left at a veterinarian facility has not been reclaimed within the period of time previously agreed upon at the time of delivery of the animal to the boarding facility or veterinarian, the boarding facility or veterinarian may give written notice by certified mail to the last known address of the owner, possessor or custodian of the animal, and if the animal is not reclaimed within thirty days from the date of the mailing of the notice, the animal shall become the property of the boarding facility or veterinarian to dispose of as the boarding facility or veterinarian sees fit. 3-1311. Dogs killing or chasing livestock; liability of owner; classification A. If any person discovers a dog killing, wounding or chasing livestock, or discovers a dog under circumstances which show conclusively that it has recently killed or chased livestock, he may pursue and kill the dog. B. The owner of a dog is liable for damages caused by the dog chasing livestock. In the case of a dog killing or wounding livestock, the owner of the dog is liable for damages to the owner of the livestock equal to three times the value of the livestock killed or wounded. C. An owner of a dog who intentionally or recklessly allows or causes the dog to: 1. Wound or kill livestock owned by another person is guilty of a class 1 misdemeanor. 2. Chase livestock owned by another person, causing injury to the livestock, is guilty of a class 3 misdemeanor. 3-1312. Transporting equine in a cruel manner; violation; classification; definitions A. A person shall not transport or cause or allow to be transported to a slaughtering establishment any equine in or on any vehicle with more than one level or tier. B. The animal cargo space of vehicles used for the transportation of equines to slaughtering establishments must: 1. Be designed, constructed and maintained in a manner that at all times protects the health and well-being of any equine being transported. 2. Segregate any aggressive equine from the other equines in or on the vehicle. 3. Have sufficient interior height to allow each equine to stand with its head extended to the fullest normal postural height. 4. Be equipped with doors and ramps of sufficient size to provide for safe loading and unloading of any equine. C. Before the transportation of any equine to a slaughtering establishment, the owner or shipper must: 1. For a period of not less than six consecutive hours immediately before any equine is loaded on the vehicle, provide each equine appropriate food, potable water and the opportunity to rest. 2. Load each equine on the vehicle so that: (a) Each equine has enough floor space to ensure that no equine is crowded in a way likely to cause injury or discomfort. (b) Any aggressive equine cannot come into contact with any other equine in or on the vehicle. D. During transit to the slaughtering establishment, the owner or shipper must: 1. Drive in a manner to avoid causing injury to the equines. 2. Observe the equines as frequently as circumstances allow, but not less than once every six hours, to check the physical condition of the equines and ensure that all requirements of this section are being followed. The owner or shipper must obtain veterinary assistance as soon as practical for any equine in obvious physical distress. Any equine that becomes nonambulatory during transit must be euthanized as soon as practical. 3. Offload from the vehicle any equine that has been in or on the vehicle for twenty-eight consecutive hours and provide the equine appropriate food, potable water and the opportunity to rest for at least five consecutive hours. 4. Transport all equines to a slaughtering establishment as expeditiously and carefully as possible in a manner that does not cause unnecessary discomfort, stress, physical harm or trauma. Electric prods shall not be used on equines for any purpose while transporting the equines to a slaughtering establishment, including while loading or unloading the vehicle, except when human safety is threatened. E. Transporting one equine in violation of this section is a class 3 misdemeanor. A subsequent violation under this subsection is a class 2 misdemeanor. F. Transporting two or more equine in violation of this section is a class 2 misdemeanor. A subsequent violation under this subsection is a class 1 misdemeanor. G. For the purposes of this section: 1. "Slaughtering establishment" has the same meaning prescribed in section 3-2001. 2. "Vehicle" has the same meaning prescribed in section 28-101. 3-1331. Inspection required; powers and duties of livestock officers A. Livestock officers and inspectors may authenticate bills of sale of livestock, brands and marks, deliver certificates of acknowledgment thereof under their hands and seals and take acknowledgments to applications for brands and marks. A fee of more than twenty-five cents shall not be asked or received for taking an acknowledgment. B. Livestock officers and inspectors shall not grant a certificate of inspection of unbranded hides of livestock or of hides or livestock upon which the marks and brands cannot be ascertained or which disclose ownership by some person other than the one seeking the certificate of inspection. C. A livestock officer or livestock inspector may stop any person who is in possession of and is conveying, shipping or transporting livestock or hides of livestock to examine brands, marks, certificates of brand inspection and bills of lading or bills of sale relating to the livestock in transit if the officer or inspector has probable cause or reasonable suspicion to believe that the person has violated any provision of this title or title 13 relating to livestock. D. Livestock officers and livestock inspectors may enter any premises where livestock are kept or maintained to examine brands or marks or other evidence of ownership or to determine the health or welfare of livestock. If admittance is refused and probable cause exists, the livestock officer may immediately request an administrative inspection warrant from the nearest court of competent jurisdiction to allow such entry. E. Livestock officers are peace officers, certified by the Arizona peace officer standards and training board, and shall pursue and arrest on probable cause any person who violates any provision of this title or title 13 relating to livestock. 3-1332. Method, place and time of inspecting livestock A. Livestock officers and inspectors shall inspect livestock, other than equine and livestock subject to authorized self-inspection, for health, marks and brands at loading stations, at places of exit from the state and at places where livestock are gathered to be sold, slaughtered, transported, conveyed, shipped or driven from their range for any purpose whatever except when livestock are being moved from pasture to a destination in this state and no change of ownership, slaughter or other disposition is involved and the owner is utilizing self-inspection approved by the division under section 3-1203. Livestock officers and inspectors need not inspect outgoing livestock from feed lots, dairies and producers utilizing self-inspection pursuant to section 3-1203 but may conduct periodic inspections to ascertain compliance with this article. B. Feed lots, dairies and producers utilizing self-inspection approved by the division under section 3-1203 shall comply with the applicable provisions of this section and procedures established by the division. C. Brand inspections shall be made by daylight and in a manner that enables the livestock officer or inspector personally to see, inspect and record each and every mark and brand. Inspections of livestock for health at a slaughterhouse may be made by other than daylight if adequate artificial light is provided. D. Upon being advised that livestock is subject to inspection, livestock officers and inspectors shall arrange for the inspection of the livestock and inspect such livestock within forty-eight hours. E. The animal services division, the plant services division and the office of inspections shall cooperate to provide livestock inspections at border inspection stations or department offices and to train appropriate personnel to perform these inspections. Employees of the plant services division acting under this subsection do not have enforcement powers otherwise granted to livestock officers. In the case of an apparent discrepancy, disease or other problem a livestock officer or inspector employed by the animal services division shall be called on to make a final inspection and determination. The associate director of the animal services division shall assign at least one livestock officer or inspector to be on call from each office operated by the plant services division under this subsection. 3-1333. Record of inspection A. Livestock officers and inspectors shall make a record of all inspections, disclosing the place and date of the inspection, its purpose, the kind, sex and description necessary to identify the livestock, the number of head running in every brand and mark, the name of the seller if the livestock is to be sold, the name of the shipper if the livestock is to be shipped, and other necessary information. B. Feed lots, dairies and producers utilizing self-inspection approved by the division pursuant to section 3-1203 shall comply with this section and procedures established by the division. 3-1334. Inspection as to ownership of livestock A. Livestock officers and inspectors, in making inspections, shall require from livestock auctions or the owner or person in charge of the livestock a list of the brands and marks or necessary evidence of ownership and shall determine by inspection of the livestock that the person in charge is the owner or an approved livestock auction or is authorized in writing to handle the livestock. B. Feedlots, dairies and producers utilizing self-inspection approved by the division pursuant to section 3-1203 shall comply with this section and procedures established by the division. 3-1335. Certificate of inspection; delivery A. Upon completion of an inspection, the livestock officer or inspector shall deliver to the person in charge of the livestock a certificate on a form provided by the department disclosing the date of inspection, the purpose for which inspected, the number, sex and kind of livestock inspected, their brands and the fee collected. The certificate of inspection shall have clearly imprinted on its face the legend: "This certificate of inspection is not and shall not be used as a bill of sale." B. Feed lots, dairies and producers utilizing self-inspection approved by the division pursuant to section 3-1203 shall comply with this section and procedures established by the division. 3-1336. Inspection of livestock to be slaughtered, sold or transported; fee; violation; classification A. Except as otherwise provided in this section, livestock, other than equines, swine and livestock inspected by movers of livestock or at feedlots or dairies pursuant to section 3-1337, shall not be slaughtered, sold, purchased, driven, transported, shipped or conveyed unless the animals have been inspected by a livestock officer or inspector for health, brands and marks before they are slaughtered, sold, purchased, driven, transported, shipped or conveyed and the inspection fee has been paid. B. The owner or agent of the owner of the livestock to be slaughtered, sold, driven, transported, shipped or conveyed as provided in subsection A of this section shall notify the nearest livestock officer or inspector of that intention. C. Equines consigned to either licensed Arizona livestock auctions or other special auctions approved by the department from out of state or from Indian reservations in this state or from other state or federal agencies without prior inspection shall be inspected on delivery at an auction. D. All livestock other than equines sold at auctions shall be inspected out on an inspection certificate or auction invoice validated by the department. E. The owner or producer of livestock excluding equines may slaughter or transport to another person to slaughter that livestock without having the animal inspected and without paying the inspection fee or service charge if the meat of the slaughtered livestock is solely for home consumption by the owner and if the owner contacts a livestock officer or inspector within a forty-eight-hour period before the slaughter and is able to establish proof of ownership either by a prior inspection certificate or by a recorded brand on the animal or proof that the animal was raised by said owner, and the hide is inspected as provided for in section 3-2011. If proof of ownership cannot be established to the satisfaction of the livestock officer or inspector, the livestock officer or inspector may require an inspection before the slaughter. F. The associate director may waive an inspection for brands and marks before the slaughter of an animal if a federal or state meat inspector on the premises certifies on a form provided by the department that, as determined by an antemortem inspection, the animal is in a distressed condition and for humane reasons should be slaughtered immediately if it is otherwise fit for slaughter and if the hide, carcass and certification are segregated and held pending inspection for brands and marks. The associate director may waive inspections under this subsection only for individual animals, and a separate certification shall be made for each animal. G. Livestock officers or inspectors shall not inspect livestock for health before they are slaughtered at an establishment that is subject to federal meat inspections as provided under chapter 13 of this title. H. A person violating any provision of this section is guilty of a class 3 misdemeanor. I. If a federal governmental entity seizes any privately owned animals subject to brand inspection pursuant to this chapter, the department or its authorized inspector shall not issue brand inspection certificates or permits to remove the animals or for the transfer of ownership of the animals by sale or otherwise unless one of the following occurs: 1. The department receives consent from the owner. 2. The owner is unknown. 3. Before the seizure, the federal governmental entity obtains approval for the seizure from a court of competent jurisdiction and submits a copy of the order approving the seizure to the department or its authorized inspector. J. This section does not apply to: 1. A feral animal. 2. Wild free-roaming horses and burros, as defined in 16 United States Code section 1332. 3. A stray animal. 4. An animal that is seized by a governmental entity to protect the health and safety of the public or to prevent cruelty to the animal. 3-1337. Service charge and inspection fee; self-inspection A. Livestock officers and inspectors shall collect from the person in charge of cattle inspected a service charge of three dollars plus an inspection fee of twenty-five cents per head for making inspections for the transfer of ownership, sale, slaughter or transportation of cattle. B. Livestock officers and inspectors shall collect from the person in charge of sheep inspected a service charge of three dollars plus an inspection fee of five cents per head for making inspections for the tr