Administrative Code

Virginia Administrative Code
12/6/2021

Chapter 80. Requirements Governing the Branding of Cattle in Virginia

2VAC5-80-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Brand" means a recorded identification mark applied on the hide of live cattle by means of heat, acid, chemical, or freezing. Tattoo marks in the ear, numbers used to keep production records and records of age, or identification marks used by any governmental agency are not brands.

"Department" means the Virginia Department of Agriculture and Consumer Services.

"Livestock market" means a place where a person assembles livestock for public sale if a license or permit from the Department of Agriculture and Consumer Services is required to operate such market.

"Person" means any individual, partnership, corporation, or association.

"State Veterinarian" means a Virginia Department of Agriculture and Consumer Services veterinarian employed by the Commissioner of Agriculture and Consumer Services who is responsible for the animal health programs in the Commonwealth of Virginia.

Statutory Authority

§ 3.2-6101 of the Code of Virginia.

Historical Notes

Derived from VR115-02-06 § 1, eff. November 27, 1985.

2VAC5-80-20. Application for registration.

Applications for the registration of brands shall be made to the State Veterinarian on forms provided by the department. The applications must be accompanied by a check or money order payable to the Treasurer of Virginia in the amount of $10 for each brand to be registered. In the event the department denies registration of a brand, the registration fee of $10 shall be returned to the applicant with a statement of the grounds for refusal.

Statutory Authority

§ 3.2-6101 of the Code of Virginia.

Historical Notes

Derived from VR115-02-06 § 2, eff. November 27, 1985.

2VAC5-80-30. Renewal of registration.

In order to retain their validity, brand registrations must be renewed at the beginning of every five-year registration period. Brands registered during the five-year period must be recorded on or before July 1 of the initial year of each succeeding five-year period for as long as the registrant desires to maintain the registration of his brand in Virginia. The fee of renewal of brand registration is $10 for each brand.

Statutory Authority

§ 3.2-6101 of the Code of Virginia.

Historical Notes

Derived from VR115-02-06 § 3, eff. November 27, 1985.

2VAC5-80-40. Brand transfers.

A brand that has been properly registered is the personal property of the person to whom the brand is registered. A brand may be transferred from one owner to another. The fee for such a transfer is $3.00.

Statutory Authority

§ 3.2-6101 of the Code of Virginia.

Historical Notes

Derived from VR115-02-06 § 4, eff. November 27, 1985.

2VAC5-80-50. Brand certificate.

Each cattle owner who makes proper application and whose brand is registered by the department will receive a certificate attesting to the fact that his brand is registered in the Commonwealth of Virginia.

Statutory Authority

§ 3.2-6101 of the Code of Virginia.

Historical Notes

Derived from VR115-02-06 § 5, eff. November 27, 1985.

2VAC5-80-60. Register of brands.

A. The department shall maintain a complete register of all cattle brands recorded, showing the name and address of the owner of each brand, and shall publish this register annually.

B. Every operator of a livestock market where cattle are sold shall keep a copy of the register of brands in his place of business, where it will be easily accessible for public inspection.

C. The operator of every livestock market where cattle are sold in the Commonwealth of Virginia shall keep a record, for at least two years, of all cattle received and of the names and addresses of the owners of such cattle.

Statutory Authority

§ 3.2-6101 of the Code of Virginia.

Historical Notes

Derived from VR115-02-06 § 6, eff. November 27, 1985.

2VAC5-80-70. Characters used in the brand.

A. The selection of characters for a brand must be limited to the following:

1. The 26 letters of the alphabet.

2. Numbers from two to nine, inclusive.

3. The following symbols:

[bar, slash, box, half-box, arrow, diamond, half-diamond, triangle, and quarter-circle.]

A brand must have at least two characters and no more than three.

B. The characters in a brand must be positioned so they may be read from left to right, or from top to bottom.

Statutory Authority

§ 3.2-6101 of the Code of Virginia.

Historical Notes

Derived from VR115-02-06 § 7, eff. November 27, 1985.

2VAC5-80-80. Location of brand.

A. Location of the brand on cattle is limited to one of the following positions: left shoulder, right shoulder, left ribs, right ribs, left hip, or right hip.

B. Care must be exercised in applying the brand so that the position of this identifying mark upon the cattle is exactly the same as shown on the brand registration application.

Statutory Authority

§ 3.2-6101 of the Code of Virginia.

Historical Notes

Derived from VR115-02-06 § 8, eff. November 27, 1985.

2VAC5-80-90. Transfer of branded cattle.

A. It is unlawful for any person to alter, obliterate, deface, burn over, or otherwise disfigure or mutilate a brand, including his own brand.

B. When buying cattle that are already branded, the buyer shall secure a bill of sale to indicate how and why he is in possession of cattle carrying another owner's brand. The new owner may then put his own brand on the cattle, provided this is done without defacing or burning over the old brand.

Statutory Authority

§ 3.2-6101 of the Code of Virginia.

Historical Notes

Derived from VR115-02-06 § 9, eff. November 27, 1985.

FORMS (2VAC5-80).

Application for Registration of Cattle Brand, Form VDACS-03017, eff. 2/88.

Certificate of Brand Registration, Form VDACS-03210.

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