(a) Any person, firm, or corporation wishing to utilize an artificial mark or brand to distinguish or identify the ownership of any domestic animal or livestock shall apply to the Secretary of Agriculture, Food and Markets. The application shall be in writing and shall contain the name, residence, and post office address of the applicant and the species of animals on which the mark or brand is to be used. The Secretary shall designate a brand for the applicant's use which is different from any other brands recorded in his or her office. The Secretary shall also designate the position on the animals where the mark or brand is to be placed and the species on which the brand is to be used.

(b) The Secretary shall maintain a record of all marks or brands in use, the name of the user, and the date of recording. The records shall be open to public inspection and shall be prima facie evidence of the facts therein recorded. (Added 1973, No. 194 (Adj. Sess.), § 3; amended 1975, No. 24, § 1; 2003, No. 42, § 2, eff. May 27, 2003.)