SECTIONS 20791-20797 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 20791-20797

20791. If the brand records on file with the bureau disclose that
two or more brands have been recorded which appear to be so similar
as to be misleading or conflicting, the chief may, and upon request
of the owner of one of such brands he shall, cause an investigation
to be made and a hearing held upon the matter.

20792. Notice of the hearing shall be given to each interested
person at least 10 days prior to the hearing.

20793. At the hearing, the chief shall first determine if the
brands are so similar as to be misleading or conflicting. The chief
shall dismiss the proceedings as to any brands which he finds are not
so similar as to be misleading or conflicting.

20794. If, at the hearing, the chief finds that two or more brands
have been recorded which are so similar as to be misleading or
conflicting, he shall determine which of the conflicting brands has
been of record for the longest consecutive period of time. The owner
of such brand has the right to continue to use his brand. The
conflicting brand shall be canceled.

20795. The owner of a recorded brand may request the chief to make
an investigation if there are cattle other than his own which bear a
brand so similar to such owner's brand as to be misleading or
conflicting.

20796. If, after the investigation, the chief finds sufficient
cause for such action, he may require that the cattle, other than
those of the owner of the brand which is recorded, be branded with
some other brand which is approved by the chief and recorded pursuant
to this chapter.

20797. Any person who loses his or her right to use a brand as a
result of the determination of the chief pursuant to this article may
appeal to the secretary within 15 days. The secretary may affirm,
reverse, or modify the determination of the chief.