Title 40 — ANIMALS AND LIVESTOCK

Any person operating a place of business where livestock are bought and sold through public auction, including livestock buying stations not buying and selling through public auction, is a livestock auction agency, except any place or operation where future farmers or 4-H groups …

The term, livestock buying station, refers to any person who buys, sells, or solicits livestock for the purpose of resale within the State of South Dakota, whether such livestock are raised in the state or brought into South Dakota from another state. However, any person who sell…

The term, livestock mobile market refers to any livestock auction agency conducted with mobile facilities as necessary for the receiving, handling, and care of livestock consigned or entrusted to it for sale and sold competitively by means of the marketing and merchandising servi…

For purposes of this chapter, the term, livestock, means cattle, sheep, horses, mules, swine, goats, and buffalo. Source: SL 2002, ch 191 , § 1.

No person may operate a livestock auction agency without first filing with the Animal Industry Board a corporate surety bond as required under the provisions of the Federal Packers and Stockyard Act, 1921, as amended to January 1, 2002, for livestock agencies selling on commissio…

The bond required by § 40-15-10 may be canceled by the surety thereon by not less than thirty days' prior written notice to the Animal Industry Board and such cancellation does not in any manner affect the liability of the surety as to anything occurring prior thereto. In the eve…

Action may be brought by any person upon the bond required by § 40-15-10 without the necessity of joining the State of South Dakota or securing leave therefor. Source: SDC 1939, § 40.2003 as added by SL 1941, ch 167 ; SL 1947, ch 178 ; SL 1965, ch 170 .

Every livestock auction agency shall provide adequate facilities for care, sorting, feeding, and handling of livestock and for proper inspection, examination, and testing for disease according to specifications determined by the Animal Industry Board. No license shall be issued o…

No livestock subject to this chapter may be weighed on any scale, except a livestock scale certified by the Division of Commercial Inspection and Licensing approved for purposes of this chapter. Source: SL 1970, ch 231 ; SL 2004, ch 17 , § 293.

The board shall promulgate rules pursuant to chapter 1-26 to ensure: (1) That livestock for immediate slaughter sold on a carcass basis are weighed on livestock scales certified by the United States Packers and Stockyards Administration for weighing livestock on a carcass basis; …

The Animal Industry Board may promulgate rules pursuant to chapter 1-26 to require the maintenance or installation of facilities such as the paving of alleys or holding pens, squeeze chutes, and quarters for the veterinary inspector that are reasonably necessary to test or treat …

Each livestock auction agency shall maintain one or more pens separate and apart from other pens for the purpose of holding animals consigned to the sales that show symptoms of any contagious, communicable, or infectious disease and for cattle branded and tagged as brucellosis re…

Every livestock auction agency shall furnish its service to every person who requests it, without discrimination. Its rates shall be reasonable and nondiscriminating and shall be filed with the Animal Industry Board before a license is issued. The rates may be changed from time t…

The livestock auction agencies shall collect fees for inspection and examination of livestock as provided in this chapter which may not be less than the minimum established by the Animal Industry Board. Source: SDC 1939, § 40.2002 as added by SL 1957, ch 203 , § 1; SL 1961, ch 20…

The Animal Industry Board shall collect from all livestock auction agencies, all fees collected by the agency for the inspection required by §§ 40-15-19 to 40-15-25 , inclusive. Source: SDC 1939, § 40.2002; SL 1941, ch 166 ; SL 1949, ch 147 ; SL 1955, ch 141 , § 1; SL 1957, ch 20…

Every livestock auction agency shall be provided with inspection and examination to determine evidence of disease in any livestock handled on the premises. Such examination and inspection shall be made by a veterinarian who has been recommended by the livestock auction agency to …

No livestock auction agency may operate without a license, which shall always be displayed at a conspicuous place on the premises where sales are conducted. A violation of this section is a petty offense. Each day of violation is a separate offense. Source: SDC 1939, § 40.2002; S…

The veterinarian employed pursuant to § 40-15-19 shall inspect and examine all livestock handled on the premises to determine evidence of disease. The veterinarian so employed shall be paid by the Animal Industry Board with ninety percent of the fees collected for such inspection…

The Animal Industry Board may require the testing or treatment of any animal before being removed from any auction agency, by methods prescribed by such board, if deemed necessary for protection of the health of livestock within the state. Source: SDC 1939, § 40.2007; SL 1939, ch…

The veterinary inspector provided for in § 40-15-19 shall examine all premises and equipment used in handling livestock at the agency and shall direct and supervise the cleaning and disinfection of such premises and equipment with the object of maintaining such premises in a sani…

The veterinary inspector provided for in § 40-15-19 shall perform and report the inspection and examination of livestock in the manner prescribed by the Animal Industry Board or the animal disease eradication branch in all interstate shipments of livestock. Source: SDC 1939, § 40…

The service and duties of the veterinary inspector provided for in § 40-15-19 shall be under the direction and supervision of the Animal Industry Board, and the inspector shall be discontinued at the agency if he fails to perform the services and duties required of him by the boa…

No livestock auction agency is liable for the negligent acts of any veterinary inspector, nor may any such veterinary inspector be considered an agent of the livestock auction agency. Source: SDC 1939, § 40.9926 as added by SL 1957, ch 203 , § 4; SL 1990, ch 325 , § 260.

The livestock auction agency shall ensure that any livestock passing through a livestock auction agency for interstate or intrastate traffic, are inspected, examined, and tested before being removed from the premises as required by the state of destination. Shipment of such lives…

Every livestock agency shall keep complete records as prescribed by the Animal Industry Board in rules promulgated pursuant to chapter 1-26 . Such information may include the names of all persons or organizations bringing to or offering livestock for sale at the agency and a desc…

The records required by § 40-15-27 shall be open for inspection at any reasonable time to any person interested as prescribed by the Animal Industry Board in rules promulgated pursuant to chapter 1-26 to fulfill the intent of this chapter. Every livestock auction agency shall kee…

Failure to comply with any of the provisions of §§ 40-15-27 and 40-15-28 is cause for revocation or suspension of the agency license as the Animal Industry Board may decide. Source: SDC 1939, § 40.2004; SL 1990, ch 325 , § 264.

All applications for a license to operate a livestock auction agency shall be made in writing to the Animal Industry Board in the form prescribed by the board and shall contain: (1) The name and addresses of the applicant and all persons having any financial interest in the appli…

All livestock auction agencies shall maintain a uniform accounting system as prescribed by the Animal Industry Board. Source: SDC 1939, § 40.2008; SL 1955, ch 141 , § 2; SL 1990, ch 325 , § 265.

No livestock auction agency may make such use or disposition of funds in its possession or control as endangers or impairs the faithful and prompt accounting for any payment or such portion thereof as may be due the owner or consignor of livestock or any other person having an in…

The term, electronic auction, refers to computer - accessible auctions where livestock are bought and sold through public auction. The Animal Industry Board shall regulate electronic auctions. Any livestock auction agency licensed under this chapter may also be licensed to operat…

Livestock sold by electronic auction not delivered directly from the farm of origin to a United States Department of Agriculture or state inspected slaughter establishment may pass only through a United States Department of Agriculture approved stockyard for all classes of livest…

The Animal Industry Board may revoke or suspend for such time as it deems necessary the license of any livestock auction agency for any violation of the provisions of §

The Animal Industry Board may revoke or may suspend an existing license or may refuse to renew a license if the holder or applicant: (1) Makes a material false statement in an application for a license or testifies falsely on behalf of such application; (2) Misuses, withdraws, di…

If a livestock auction agency's license is relinquished, revoked, or suspended by the Animal Industry Board, subject to applicable federal law, the Animal Industry Board may assume control of any account and funds described in § 40-15-31 , including collection of any deposit item…

Any licensee aggrieved at the revocation or suspension of the license may appeal from the decision to the circuit court of this state for the county in which the agency was located, licensed, and operated, at any time within sixty days after notice of such revocation or suspensio…

Any person who operates as a livestock agency without the license required by this chapter or while such license has been suspended is guilty of a Class 2 misdemeanor. Each day of operation constitutes a separate offense. Source: SDC 1939, § 40.9926 as added by SL 1957, ch 203 , …

40-15-36 Enforcement of chapter--Orders, rules, and regulations--Publication and posting. 40-15-37 Disposition of fees--Apportionment between disease emergency fund and inspectors fund. 40-15-38 Use of livestock disease emergency fund--Authorization by Governor required. 40-15-39…

The Animal Industry Board may apply for an injunction in any court of competent jurisdiction to restrain any violation of chapter 40-15 or 40-16 . Source: SL 1988, ch 327 ; SL 1990, ch 325 , § 271.

The Animal Industry Board shall enforce the provisions of this chapter and may promulgate rules pursuant to chapter 1-26 concerning: (1) The licensure of livestock auction agencies; (2) The requirements for facilities; (3) The handling of any animal found to be affected with any …

The license and renewal fees and the inspection fees shall be paid by the livestock auction agency to the Animal Industry Board and by it remitted to the state treasurer within thirty days after receipt. The state treasurer shall issue a receipt for the same to the Animal Industr…

The Animal Industry Board shall deposit all funds collected by it to the credit of a fund to be known as the livestock disease emergency fund in the Office of the State Treasurer as provided by §

Any person who purchases livestock from a livestock auction agency, as defined in this chapter, with intent to defraud is guilty of livestock fraud. The failure of such purchaser to tender payment in full within four days of the date of purchase, is prima facie evidence of intent…

Upon filing of an application pursuant to § 40-15-3 , the Animal Industry Board shall determine whether a hearing need be held upon such application. If the board determines that a hearing need be held, it shall fix a reasonable time and place for hearing. The board shall cause a…

The Animal Industry Board shall give further notice of a hearing on an application for a license to operate a livestock auction agency by publication of the notice thereof once in a daily or weekly newspaper circulated in the municipality where such applicant intends to conduct a…

If after a hearing upon an application for a license to operate a livestock auction agency, at which interested persons may appear in support or opposition thereto, the Animal Industry Board finds from the evidence presented that the physical facilities of such livestock auction …

In determining whether a license to operate a livestock auction agency should be granted or denied, the Animal Industry Board shall give reasonable consideration to: (1) The ability of the applicant to comply with the Federal Packers and Stockyard Act, as amended (7 U.S.C. § 181 …

The fee for a license to operate a livestock auction agency shall be one hundred dollars. The license shall be issued for a period of one year and may be renewed from year to year upon the payment of a like sum for each renewal. The fee shall be paid to and license and renewals i…

Upon application for the renewal of any existing license, the Animal Industry Board may dispense with the notice and hearing required by §§ 40-15-4 to 40-15-6 , inclusive, if it is satisfied from the application for renewal and applicant's prior record that the applicant has been…