ARC 0637D

ARC 0637D

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Notice of Intended Action

Proposing rulemaking related to branding
and providing an opportunity for public comment

    The Agriculture and Land Stewardship Department hereby proposes to rescind Chapter 63, “Branding,” Iowa Administrative Code, and to adopt a new Chapter 63 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 169A.13A.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 169A.

Purpose and Summary

    This proposed rulemaking rescinds and replaces Chapter 63 to clarify livestock brand administration and update statutory references. This proposed rulemaking expressly provides for the sale or transfer of a livestock brand and requires the transfer to be recorded with the Department using the prescribed form and a $25 transfer fee. Existing requirements governing brand locations and the resolution of conflicting brands are retained. These proposed changes provide a clear process for recording changes in brand ownership, while maintaining the existing framework for distinguishing brands and resolving conflicts.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on July 8, 2026. A public hearing was held on the following date(s):

     ?   July 29, 2026

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 7—Chapter 2504.

Public Comment

    Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on October 20, 2026. Comments should be directed to:

Public Hearing

     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rulemaking may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 21—Chapter 63 and adopt the following new chapter in lieu thereof:

CHAPTER 63

BRANDING

21—63.1(169A) Location of brands on livestock.

    63.1(1) Brands shall be recorded on one of either side of the animals, in any one of three locations: shoulder, rib, or hip.

    63.1(2) For brands recorded prior to 1996, each location is considered a separate brand and not in or under conflict with the same or similar brand in a different location or on a different side.

    63.1(3) A livestock brand may be sold or transferred. The transfer must be recorded with the department using the brand transfer form and a transfer fee of $25.

This rule is intended to implement Iowa Code section 169A.5.

21—63.2(169A) Brands in conflict.

    63.2(1) Whenever two or more brands are determined by the secretary to be in or under conflict, the secretary shall give written notice to the brand owners.

    63.2(2) When herds bearing a similar brand are maintained in close proximity to each other, and the secretary determines that confusion or conflict may arise therefrom, then the secretary shall direct any change or changes in the position of the brands so as to remove such confusion or conflict.

    63.2(3) When two or more brands are determined by the secretary to be in or under conflict, then the owner having recorded said brand on the earliest date shall be given preference in retaining said brand.

This rule is intended to implement Iowa Code section 169A.4.