K.S.A. § 47-417 — KS Code / Chapter 47 / Article 4 / Section 47-417
47-417 - Adoption of brands; registration of brands; application, registration and renewal fees; forfeited brands; abandonment; rules and regulations.
Status: in_force

47-417. Adoption of brands; registration of brands; application, registration and renewal fees; forfeited brands; abandonment; rules and regulations. (a) Any person may adopt a brand for the purpose of branding livestock in accordance with authorized rules and regulations of the animal health commissioner of the Kansas department of agriculture division of animal health. Such person shall have the exclusive right to use such brand in this state, after receiving approval of the application for such brand from the animal health commissioner.

(b) Any person desiring to register a livestock brand shall forward to the commissioner a facsimile of such brand and shall accompany the same with the application fee in the amount provided under this section. Upon a determination by the animal health commissioner that such brand is available for use and may be registered, the registrant shall, within 60 days of notice of such determination being sent by the animal health commissioner, remit to the animal health commissioner a brand registration fee in the amount provided under this section. If such brand registration fee is not paid as required under this section, the animal health commissioner may deny the application. Each person whose brand application is approved shall be issued a certificate of brand title upon remittance of the brand registration fee as provided under this section. Each brand title shall be valid for a recording period ending four years subsequent to the next April 1 following date of issuance. Separate application and registration fees shall be required for each brand for which registration is sought and each brand for which an application for registration is approved. The use of a brand for which a certificate of brand title has not been issued shall be unlawful and subject to penalties as provided in K.S.A. 47-421, and amendments thereto.

(c) Each person wanting to renew a certificate of brand title held by such person shall, upon the expiration of the recording period for such certificate of brand title, remit to the animal health commissioner a renewal fee in the amount provided under this section. Any person submitting such renewal fee shall be entitled to a renewal of registration of such person's livestock brand for a five-year period from the date of expiration of registration of such person's livestock brand as shown by such person's last certificate of brand title.

(d) The livestock brand of any person whose registration expires and who fails to pay such renewal fee within a grace period of 60 days after expiration of the registration period shall be forfeited. The use of a forfeited brand shall be unlawful and subject to penalties as provided in K.S.A. 47-421, and amendments thereto.

(e) Upon the forfeiture of a livestock brand, the animal health commissioner is authorized to receive and accept an application for such brand to the same extent as if such brand had never been issued to anyone as a registered brand.

(f) (1) The animal health commissioner shall determine annually the amount of funds that will be required for the purposes for which the brand application, registration and renewal fees are charged and collected and shall fix and adjust from time to time each such fee in such reasonable amount as may be necessary for such purposes, except that in no case shall the following exceed $100:

(A) The brand renewal fee; or

(B) the total of the brand application fee and registration fee.

(2) The amounts of the brand application fee, registration fee and renewal fee in effect on June 30, 2024, shall continue in effect until the animal health commissioner fixes different amounts for such fees under this section.