South Dakota Administrative Code

Rule 12:09:02:02 Collection of checkoff fee -- Record of assessment. 12:09:02:02. Collection of checkoff fee -- Record of assessment. A first purchaser shall collect the checkoff fee from growers by deducting the fee from the purchase price of an identifiable lot or quantity of s…

Rule 12:09:02:03 Repealed. 12:09:02:03. Record of assessment.Repealed. Source: 12 SDR 124, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 16 SDR 227, effective July 1, 1990.

Rule 12:09:03:01 Checkoff fee refund application forms. 12:09:03:01. Checkoff fee refund application forms. Growers subject to the assessment may request a checkoff fee refund application from the council. The application must be on forms provided by the council and must contain …

Rule 12:09:03:02 Refund of checkoff fee. 12:09:03:02. Refund of checkoff fee. The council shall refund checkoff fees within 60 days after receipt of a checkoff fee refund application if the application is submitted to the council within 60 days after the assessment and the applic…

Rule 12:09:03:03 Notice of rejection. 12:09:03:03. Notice of rejection. If the council rejects a checkoff fee refund application because it does not meet one or more of the requirements in § 12:09:03:02, the council shall return a copy of the application to the grower with a writ…

Rule 12:09:04:01 Council districts. 12:09:04:01. Council districts. For purposes of the election of successors to the members of the council, the state is divided into nine council districts as follows: (1) District 1, consisting of Hanson, Davison, Aurora, Brule, Douglas, and Hu…

Rule 12:09:04:02 Qualifications of council members. 12:09:04:02. Qualifications of council members. Each council member shall be a participating grower and shall reside in the council district he represents. Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, ef…

Rule 12:09:04:03 Notice of vacancy. 12:09:04:03. Notice of vacancy. The council shall publish once each week for two consecutive weeks a notice setting forth vacancies that will occur by completion of the terms of the council members. The last publication may not be less than 10 …

Rule 12:09:04:04 Nomination of council member candidates. 12:09:04:04. Nomination of council member candidates. Candidates for council member may be nominated by a petition signed by at least 15 participating growers in the council district to be represented by the candidate. Nom…

Rule 12:09:04:05 Certification of candidates. 12:09:04:05. Certification of candidates. If more than one nominating petition is filed for a council member office, the council shall certify the nomination of candidates and prepare official ballots for use in the annual election. B…

Rule 12:09:04:06 Mail balloting. 12:09:04:06. Mail balloting. The election shall be by official ballot. The council shall make ballots for the annual election available to all participating growers in each council district for which a council member will be elected at least 30 da…

Rule 12:09:04:07 Voter eligibility. 12:09:04:07. Voter eligibility. Any person 18 years of age or older or any business entity is an eligible voter if the person or entity is a participating grower as defined by SDCL 38-29-1(4) and is actively engaged in a South Dakota farming op…

Rule 12:09:04:08 Certification of election. 12:09:04:08. Certification of election. The council shall declare the specified polling place as defined in § 12:09:04:06 as the designation to which ballots and return ballot envelopes shall be mailed or delivered. The council shall al…

Rule 12:09:04:09 Canvass of election. 12:09:04:09. Canvass of election. The council shall canvass the results of the election within 15 days after certification and shall declare elected the person receiving the highest number of votes for each office. The council shall provide a…

Rule 12:09:04:10 Election contests and recounts. 12:09:04:10. Election contests and recounts. Recounts and election contests shall be conducted pursuant to the procedures set forth in SDCL 12-21 and 12-22. Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effe…

Rule 12:09:04:11 Term of office. 12:09:04:11. Term of office. Council members shall take office on July 1 of the year of their election and shall serve for 3 years. Source: 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986. General Authority: SD…

Rule 12:10:01:01 Repealed. 12:10:01:01. Hot iron brand method required on certain livestock.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:02:01 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effecti…

Rule 12:10:01:02 Repealed. 12:10:01:02. Authorized paint colors and burning brand variations for sheep.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:02:02 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 1…

Rule 12:10:01:03 Repealed. 12:10:01:03. Locations for recordable sheep brands.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:02:03 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 198…

Rule 12:10:01:04 Repealed. 12:10:01:04. Unrecordable symbols for sheep brands.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:02:04 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 198…

Rule 12:10:01:05 Repealed. 12:10:01:05. Unrecordable locations for cattle brands.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:02:05 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, …

Rule 12:10:01:06 Repealed. 12:10:01:06. Unrecordable locations for horse brands.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:02:06 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1…

Rule 12:10:01:07 Repealed. 12:10:01:07. Unrecordable figures.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:02:07 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL…

Rule 12:10:01:08 Repealed. 12:10:01:08. Recordable brands.Repealed. Source: 9 SDR 43, effective October 10, 1982; 11 SDR 13, effective July 31, 1984; transferred from § 61:07:02:07.01 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repeal…

Rule 12:10:01:09 Repealed. 12:10:01:09. Allowable recording of shoulder-rib cattle brands.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:02:08 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective…

Rule 12:10:01:10 Repealed. 12:10:01:10. Allowable transfer of shoulder-rib cattle brands.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:02:09 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective …

Rule 12:10:01:11 Repealed. 12:10:01:11. Registration, transfer, or renewal of brand cancelled if payment made by insufficient funds check.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 11 SDR 13, effective July 31, 1984; transferred from § 61:…

Rule 12:10:01:12 Registration fee. 12:10:01:12. Registration fee. A brand registration fee of $50 is required for each location of the brand on each species of livestock. Source: 2 SDR 6, effective July 30, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 9 SDR 43, effective Oc…

Rule 12:10:01:13 Renewal fee. 12:10:01:13. Renewal fee. A fee of $18 is required for each year a brand is renewed. This section applies to new brand registrations renewed to the end of the current 5-year renewal period and to those brands which are subject to renewal for the next…

Rule 12:10:01:14 Transfer fee. 12:10:01:14. Transfer fee. A fee of $50 is required for each transfer of a registered brand. Source: 2 SDR 6, effective July 30, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 9 SDR 43, effective October 10, 1982; transferred from § 61:07:02:13 …

Rule 12:10:01:15 Duplicate certificate fee. 12:10:01:15. Duplicate certificate fee. A fee of $20 is required for each duplicate of a brand registration certificate. Source: 2 SDR 6, effective July 30, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:02:…

Rule 12:10:01:16 Brand registration application fee. 12:10:01:16. Brand registration application fee. A fee of $40 is required for each brand application filed for cattle, horse, buffalo, or sheep brands. Source: 46 SDR 26, effective September 3, 2019. General Authority: SDCL 40-…

Rule 12:10:02:01 Applications for open market designation. 12:10:02:01. Applications for open market designation. Licensed livestock auction markets and slaughter plants located outside the livestock ownership inspection area may apply for open market designation if they meet the…

Rule 12:10:02:01.01 Canceling open market designation. 12:10:02:01.01. Canceling open market designation. The board may cancel an open market designation if it determines that: (1) The owner or manager of the facilities fails to comply with ownership inspection laws or rules or b…

Rule 12:10:02:02 Repealed. 12:10:02:02. Grazing permits.Repealed. Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:02 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; re…

Rule 12:10:02:03 Repealed. 12:10:02:03. Request for inspection -- Time limit.Repealed. Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:03 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effec…

Rule 12:10:02:04 Repealed. 12:10:02:04. Inspection procedures.Repealed. Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:04 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 19…

Rule 12:10:02:05 Inspection fee. 12:10:02:05. Inspection fee. A fee of one dollar per head shall be charged for inspection of all cattle, horses, and mules regardless of age. The inspection fee also applies to calves and colts. Source: 1 SDR 50, effective January 18, 1975; 5 SDR …

Rule 12:10:02:06 Repealed. 12:10:02:06. Procedure for payment of inspection fees.Repealed. Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:06 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, e…

Rule 12:10:02:07 Repealed. 12:10:02:07. Fees on partial consignments.Repealed. Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:07 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective Jul…

Rule 12:10:02:08 Repealed. 12:10:02:08. Documents necessary for proof of ownership.Repealed. Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:08 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154,…

Rule 12:10:02:09 Repealed. 12:10:02:09. Ownership of unbranded animals to be established by affidavit.Repealed. Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, July 1, 1982; transferred from § 61:07:03:09 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12…

Rule 12:10:02:10 Repealed. 12:10:02:10. Ownership documents for unsold livestock.Repealed. Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:10 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, e…

Rule 12:10:02:11 Repealed. 12:10:02:11. Time limit for holding animal or proceeds of sale.Repealed. Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:11 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 S…

Rule 12:10:02:12 Repealed. 12:10:02:12. Failure of shipper or seller to establish ownership.Repealed. Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:12 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12…

Rule 12:10:02:13 Repealed. 12:10:02:13. Review of ownership prior to disbursement of funds.Repealed. Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:13 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 …

Rule 12:10:02:14 Repealed. 12:10:02:14. Rewards for information on theft to be paid at discretion of Brand Board.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 67, effective January 17, 1980; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:14 by SDCL 1-41-9…

Rule 12:10:02:15 Superseded. 12:10:02:15. "For immediate slaughter" defined.Superseded. Source: 2 SDR 23, effective September 30, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:15 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, ef…

Rule 12:10:02:16 Superseded. 12:10:02:16. Designation for immediate slaughter.Superseded. Source: 2 SDR 23, effective September 30, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:16 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, …

Rule 12:10:02:17 Superseded. 12:10:02:17. Duration of validity of out-of-state inspection certificate.Superseded. Source: 2 SDR 23, effective September 30, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:17 by SDCL 1-41-9, effective April 15, 1985; …