1.     a.    Except as provided in subsection 2, a person may not sell any livestock carrying a recorded brand unless the seller is the owner of the recorded brand and delivers a bill of sale for the livestock to the purchaser. The bill of sale must include:

Attorney's Note

Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 360 daysup to $3,000
Class B misdemeanorup to 30 daysup to $1,500
For details, see § 12.1-32-01

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Terms Used In North Dakota Code 4.1-73-18

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Sex: means the biological state of being male or female, based on the individual's nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth. See North Dakota Code 1-01-49

(1) The date; (2) The name, address, and signature of the seller; (3) The name, address, and signature of an individual who is at least eighteen years of age and who can verify the name and signature of the seller; (4) The name and address of the buyer; (5) The total number of animals sold; (6) A description of each animal sold as to sex and color; and

(7) A depiction of the recorded brand.

b.    The seller must deliver a bill of sale to the purchaser within fifteen days of the date of the sale.

c.    The buyer shall retain the bill of sale for as long as the buyer owns any animals described in the bill of sale.

d.    The seller shall provide a copy of the bill of sale to the individual hauling the livestock. The individual shall ensure that the document remains with the livestock while in transit.

e.    The bill of sale or a copy of the bill of sale must be shown by the possessor on demand to any law enforcement officer or brand inspector.

f.    The bill of sale is prima facie evidence of the sale of the livestock described in the bill of sale.

2.    Subsection 1 does not apply to the sale of livestock for which a brand inspector has issued a certificate of ownership.

3.    Any person willfully violating this section is guilty of a class B misdemeanor for a first offense and a class A misdemeanor for a second or subsequent offense.