Horses and the Law
Branding - Is it still legal?

Disclaimer - This article is intended as general discussion and information on the topic covered, and is not to be construed as rendering legal advice. If legal advice is needed, you should contact an attorney. This article may not be reprinted or reproduced in any manner without prior written permission of the author.

In today's politically correct world, almost anything is possible so I embarked on a research project to determine the legality of branding. (Also, I recently purchased a horse with a brand and was curious as to the state of the law.)

Branding is legal in the United States. Forty-one states have branding laws, which specifically permit branding but regulate the practice including registration of the brands. Nine states: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Rhode Island and West Virginia have no law on branding.

Before analyzing these laws, a brief history is warranted. The practice of branding is ancient and dates back at least 4,000 years as evidenced by paintings in Egyptian tombs and biblical evidence that Jacob branded his livestock. The ancient Greeks and Romans branded livestock. Branding was introduced to the New World by Cortez in 1541 when he branded his cattle with his famous brand, 3 Latin crosses. This brand appears to be the first brand used in the Western Hemisphere.

Historically, the brand has been very important to livestock owners. A brand is a definitive mark of ownership and the best deterrent to theft of livestock.

Forty-one states have brand registration systems. Brands must be registered in the county or state to avoid duplication or confusion. It is important to not only register the brand but also to keep it active. Many states have regulations which expire registration brands if not kept active. The main reason for using a brand is for proof of ownership of lost or stolen animals. An unbranded animal is called a "slick" and is almost impossible to legally identify if there is no other form of registration or DNA evidence.

Most brands on horses are located on the left or right hip or the left or right shoulder. The magic of brands is learning how to read them. To most people, brands are undecipherable. However, to an experienced livestock man, they form a readable language. Brands are nothing more than identification symbols and are composed of numerals, letters of the alphabet, slashes, circles, half circles, crosses and bars, etc. These symbols can be upright, lying down, connected, reversed or hanging.

There are three simple rules for reading brands:

1. Read from the left to the right as KS would simply read as stated, KS;

2. Read from the top to the bottom as K (K Bar);

3. When the brand is enclosed, it is read from the outside to the inside as (Circle K).

The art of reading brands is called "callin' the brand."

Most states that have brand laws require a bill of sale to be provided when a horse is sold. This is to prevent the brand owner from claiming ownership after the sale.

Pennsylvania has a brand law found in Title III of the State Agriculture Code. The operative section of the law is found at Section 2312 which states "a domestic animal owner may adopt a brand, tattoo or other form of identification with which to identify domestic animals owned by such person through the procedure set forth in this subchapter." The brand, once registered and accepted by the state, is considered personal property of the person who records it and only that person has exclusive right to use this form of identification within the Commonwealth of Pennsylvania.

The person desiring to use a brand must submit a form to the state including the brand identification which will then be researched by the Department of Agriculture to make sure there is no other brand or that it is not confusing with another registered brand. Pennsylvania's law, at Section 2314, specifically states that in all lawsuits including criminal proceedings where title to the domestic animal is at issue, a duly recorded brand shall be prima facie evidence of ownership by the person who registered the brand. Pennsylvania is one of the states that requires a bill of sale when transferring or assigning an animal which is branded.

Pennsylvania law considers violations of the branding law to be misdemeanors of the second degree and further requires that the registration must be re-issued every five years by simply signing a form and paying a fee of $5.

The State of New York, in its Agriculture and Markets Law, at Chapter 69, Section 16, states that the Department of Agriculture and Markets has the power to "establish and maintain a statewide registry of brands for livestock owners to voluntarily register the brand they use to brand their livestock." New York contains rules and regulations similar to the Pennsylvania Statute reviewed previously.

Michigan's brand law simply states at Chapter 287, Section 221 as follows, "a person who has cattle, horses, hogs, sheep, or goats may adopt a brand by applying to the Secretary of State." The Michigan law states that the brand must be placed at a conspicuous location on the livestock and in the case of cattle shall be at least three inches high and for horses, hogs, sheep or goats, shall be at least two inches high.

A review of other state brand laws reveals that the laws are similar in that they require brand registration, periodic renewal and bills of sale on the transfer of animals.

In conclusion, if you plan to brand your livestock, be sure the brand is properly registered in the state where you reside. If you purchase an animal with a brand, you should ask the seller to provide a bill of sale and if you know the origin of the horse, you can contact that state's branding agency to obtain details about the brand and the original owner. Although ancient in use, it appears the brand is still a definitive method of ownership and a deterrent to theft. As the saying goes "a brand's something that won't come off in the wash."

Enough legal talk ... it's time to hitch horses

Ken is a practicing attorney in Myerstown, Pennsylvania, where a good bit of his practice involves negligence cases. Ken and his wife, Karen, own Sunny Hill Farm Belgians, and they have been exhibiting their six horse hitch for the past few years at most major shows in the east.