Illinois Compiled Statutes 510 ILCS 40 — Illinois Brand Act.

This Act shall be known and may be cited as the "Illinois Brand Act"

This Act shall be known and may be cited as the "Illinois Brand Act". (Source: P.A. 79-880.)

As used in this Act, unless the context otherwise requires, the terms specified in Section 2

As used in this Act, unless the context otherwise requires, the terms specified in Section 2.01 through 2.05 have the meanings ascribed to them in those Sections. (Source: P.A. 79-880.)

"Department" means the Department of Agriculture of the State of Illinois

"Department" means the Department of Agriculture of the State of Illinois. (Source: P.A. 79-880.)

"Director" means the Director of the Department of Agriculture, or his duly appointed representative

"Director" means the Director of the Department of Agriculture, or his duly appointed representative. (Source: P.A. 79-880.)

"Person" means any individual, firm, association, partnership, corporation, or other legal entity, any public or private institution, the State of Illinois, or any municipal corporation or political subdivision of the State. (Source: P.A. 79-880.)

"Livestock" means bison, cattle, swine, sheep, goats, or equidae

"Livestock" means bison, cattle, swine, sheep, goats, or equidae. (Source: P.A. 79-880.)

"Brand" means an identification mark burned into the hide of a live animal by a hot iron or another method approved by the Department

"Brand" means an identification mark burned into the hide of a live animal by a hot iron or another method approved by the Department. Each character in a brand shall, at the time of application, be not less than 3 inches in diameter and each shall be a distinct character. Brands of lesser dimensions may be approved by…

Any person having livestock in this State shall have the right to adopt a brand for his exclusive use in this State; provided, such brand is recorded as required under this Act

Any person having livestock in this State shall have the right to adopt a brand for his exclusive use in this State; provided, such brand is recorded as required under this Act. (Source: P.A. 79-880.)

By November 1, 1975, each County Clerk shall forward to the Department legible copies of brands registered in his county under the provisions of "An Act in regard to marks and brands"

By November 1, 1975, each County Clerk shall forward to the Department legible copies of brands registered in his county under the provisions of "An Act in regard to marks and brands". Thereafter, the Department shall publish notice of the provisions of this Act and shall notify each person entered in these records as…

Beginning January 1, 1976, any person desiring to adopt a brand shall forward to the Department a facsimile brand, a recording fee of $15, and completed application on forms prescribed by the Department. If the brand is accepted, the Department shall file the brand in its official brand book, shall furnish the applican…

Any recorded brand shall be considered the personal property of the person in whose name it is filed and shall be subject to sale, assignment, transfer, legacy, and descent as personal property

Any recorded brand shall be considered the personal property of the person in whose name it is filed and shall be subject to sale, assignment, transfer, legacy, and descent as personal property. Instruments of writing evidencing the sale, assignment, or transfer of a brand shall be forwarded to the Department to be rec…

By January 1 of each fifth year following original recording with the Department, each owner of a brand of record shall submit to the Department a renewal fee of $15

By January 1 of each fifth year following original recording with the Department, each owner of a brand of record shall submit to the Department a renewal fee of $15. For the purpose of determining renewal date, the period between the date a brand is recorded with the Department and January 1 of the next year shall con…

Except as otherwise provided in this Act, it shall be unlawful to use any brand for identifying any livestock, unless such brand has been recorded as provided in this Act

Except as otherwise provided in this Act, it shall be unlawful to use any brand for identifying any livestock, unless such brand has been recorded as provided in this Act. When a recorded brand is applied to livestock which have been branded by a previous owner, such brand shall be applied so as not to overlap, disfigu…

In any civil or criminal proceedings in which the title to animals is an issue, the brand certificate as provided for in this Act shall be prima facie evidence of the ownership of the animal by the person in whose name the brand is recorded. When requested to do so, disputes in custody or ownership of branded animals s…

Brand information

Brand information. The Department shall make available in electronic format all recorded brands. This document shall contain an image of all brands recorded, the owner's name, and legal mailing address. (Source: P.A. 100-114, eff. 8-15-17.)

The Department shall place all fees collected, under the provisions of this Act, in the General Revenue Fund

The Department shall place all fees collected, under the provisions of this Act, in the General Revenue Fund. (Source: P.A. 79-880.)

The Department shall enforce this Act and may make and adopt reasonable and necessary rules and regulations to carry out the provisions of this Act

The Department shall enforce this Act and may make and adopt reasonable and necessary rules and regulations to carry out the provisions of this Act. No rule or regulation made, adopted, or issued by the Department pursuant to the provisions of this Act shall be effective unless such rule or regulation has been submitte…

Any authorized representative of the Department or any law enforcement officer may, for the purpose of enforcing this Act, enter during usual working hours any premise, building, or other place where livestock may be present; provided, sanitized footwear furnished by the responsible agency is used as well as any other…

Any person who, without permission of the rightful owner, willfully and knowingly brands or causes to be branded with his brand, or any brand not the recorded brand of the owner, any livestock being the property of another, or who shall willfully or knowingly efface, deface, or obliterate any brand upon any livestock,…

If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, by a court of competent jurisdiction, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby. (…