Georgia Brands

62-101. Commissioner of Agriculture to administer chapter. It shall be the duty of the Commissioner of Agriculture to administer the provisions of this Chapter and any rules and regulations adopted pursuant to this Chapter.

62-102. Certificates of Mark, Brand or Tattoo Registration. Any person owning any livestock and desiring to register a mark, brand or tattoo shall apply to the Commissioner of Agriculture for a Certificate of Mark, Brand or Tattoo Registration. Application for a Certificate shall be made on forms provided by the Department of Agriculture. 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. 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 of Agriculture prior to April 1, 1974. Prior to the first day of July of 1974, and of each 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 notify the person to whom the mark, brand or tattoo is registered by registered mail that such registration will be cancelled 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 many 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. There shall be no charge or fee for registration. It shall be the duty of the Commissioner of Agriculture to transmit a copy of any Certificate of Mark, Brand or Tattoo Registration to the Ordinary of the county of residence of the person to whom the Certificate is issued or to the Ordinary of the county to which the animals to be marked, branded or tattooed are located if the owner thereof is not a resident of Georgia. The Ordinary may record the certificate in a book kept by him for that purpose.

62-103. Evidence. The fact that any livestock is marked, branded or tattooed with a registered mark or brand shall constitute prima facie evidence in any trial or proceeding that such livestock belongs to the person to whom the Certificate of Mark, Brand or Tattoo Registration for that particular mark, brand or tattoo was issued. The provisions of this Section shall not apply to livestock marked or branded prior to April 1, 1974, unless the mark, brand or tattoo was registered or recorded in the office of the Commissioner of Agriculture.

62-104. Change of recorded marks and brands. No registered mark, brand or tattoo shall be changed, so as to be of any avail to the owner, unless permission is first granted by the Commissioner, and a minute made thereof.

62-105. Rules and regulations. The Commissioner of Agriculture is hereby authorized to promulgate and adopt such rules and regulations as may be necessary or convenient to carry out the provisions of this Chapter.”