GA Code § 4-2-1 (2021)
2021 Georgia Code|Title 4 - Animals|Chapter 2 - Marks and Brands|§ 4-2-1. Mark, Brand, or Tattoo Registration - Certificates

  Any person owning any livestock and desiring to register a mark, brand, or tattoo shall apply to the Commissioner for a certificate of mark, brand, or tattoo registration. Application for a certificate shall be made on forms provided by the department. Applications shall contain or be accompanied by such information as may be required by rule or regulation. In issuing certificates, the Commissioner shall not issue certificates to more than one person for the same or substantially identical marks, brands, or tattoos. There shall be no charge or fee for registration.   Prior to July 1 of 1974 and on or before the same date every fifth year thereafter, the Commissioner shall purge from his lists of registrations the registrations of all marks, brands, or tattoos which the person to whom they are registered does not desire to retain as a registered mark, brand, or tattoo. Prior to removing a mark, brand, or tattoo from registration, the Commissioner shall, by registered or certified mail or statutory overnight delivery, notify the person to whom the mark, brand, or tattoo is registered that the registration will be canceled unless the Commissioner is notified within a period of three months from the date of mailing that such person desires to continue the registration of his mark, brand, or tattoo. If the Commissioner does not receive a reply within three months, he may cancel the registration of such mark, brand, or tattoo and may then reassign such mark, brand, or tattoo to any person seeking to register it, under such rules and regulations as may be prescribed by the Commissioner.   It shall be the duty of the Commissioner to transmit a copy of any certificate of mark, brand, or tattoo registration to the judge of the probate court of the county of residence of the person to whom the certificate is issued or to the judge of the probate court of the county in which the animals to be marked, branded, or tattooed are located if the owner thereof is not a resident of this state. The judge of the probate court may record the certificate in a book kept by him for that purpose.   No provision of this chapter shall affect or impair the validity of any mark, brand, or tattoo registered or recorded in the office of the Commissioner prior to April 1, 1974.    (Ga. L. 1953, Nov.-Dec. Sess., p. 175, § 2; Code 1933, § 62-102, enacted by Ga. L. 1974, p. 1003, § 1; Ga. L. 1995, p. 244, § 3; Ga. L. 2000, p. 1589, § 3; Ga. L. 2008, p. 458, § 2/SB 364.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.   OPINIONS OF THE ATTORNEY GENERAL   Methods of notification for registration and cancellation.   - Commissioner of Agriculture may utilize either of the two following methods to comply with the statutory requirements: (1) mailing of registered notices to all names on the current registration list at least 90 days prior to the date set for cancellation of registered marks, brands, or tattoos; or (2) mailing of prenotice solicitations of intent to all registrants, to be followed by continuation of registration for those indicating affirmation of such action and by mailing of registered 90-day notices to those registrants not responding or responding negatively. 1974 Op. Att'y Gen. No. 74-87.   RESEARCH REFERENCES   Am. Jur. 2d.   - 4 Am. Jur. 2d, Animals, §§ 5, 7.   C.J.S.   - 3B C.J.S., Animals, §§ 24, 27 et seq.