Title 40, ANIMALS AND LIVESTOCK

Any registered brand which is not renewed within one hundred twenty days after January first as provided for in § 40-19-12 is deemed abandoned by its owner, is canceled, and may not be renewed. Source: SDC 1939, § 40.1214; SL 1949, ch 145 , § 3; SL 1967, ch 161 ; SL 1972, ch 217 …

The board may cancel any certificate issued pursuant to this chapter if the registration fee, renewal fee, or transfer fee is paid by an insufficient funds or no - account check. Source: SL 1990, ch 326 , § 1.

During the first two years following the current brand ownership period, only the previous owner may apply for a brand canceled under § 40-19-13 . If the brand is recordable, the previous owner may register the brand by paying the registration fee and a two hundred dollar rerecor…

The board shall change the name of the owner of registered brands upon receipt of a legally executed bill of sale. The board shall charge a transfer fee pursuant to § 40-18-16 . If an owner has recorded an identical brand for both shoulder and rib locations on one side of any liv…

The board shall issue a duplicate brand certificate in case of loss or destruction of the original certificate upon receipt of an affidavit signed by the owner and notarized describing the brand. The board shall charge a fee pursuant to § 40-18-16 . Source: SDC 1939, §§ 40.1207, …

The board may cancel from record any brand which has been registered in conflict with a previously recorded brand or which is a duplicate thereof. Source: SDC 1939, § 40.1210; SL 1965, ch 168 ; SL 1988, ch 328 , § 35.

The board may cancel from record any brand owned and used by any person to perpetrate any felony or theft of cattle, horses, mules, sheep, and buffalo. Source: SDC 1939, § 40.1210 as added by SL 1965, ch 168 ; SL 1984, ch 269 , § 6; SL 1988, ch 328 , § 36.

If a brand is canceled as provided in § 40-19-17 , the owner of the brand may select a replacement brand that does not conflict with any other brands of record. The owner may apply for a replacement brand as though he is applying for a new brand except that no new brand fee may b…

Any person may apply for a brand and use that brand exclusively in this state after registering the brand and by renewing it as provided in this chapter. Source: SDC 1939, § 40.1204; SL 1984, ch 269 , § 3; SL 1988, ch 328 , § 19.

Hot iron brands may be placed on the right or left shoulder, rib, or hip of cattle, on the right or left shoulder or hip of horses and mules, on the right or left jaw of horses, on the nose or jaw of sheep and on the rib or hip of buffalo. No brand may be recorded for ownership i…

If any brand conflicts with another person's registered brand, the person using the registered brand may file a written statement with the board showing the brand which conflicts with his registered brand. The board shall notify the person accused of using such conflicting brand,…

Any person who uses a brand upon cattle, horses, mules, sheep, or buffalo which has been canceled, continues to use a brand upon cattle, horses, mules, sheep, or buffalo after it has been rejected, or uses any recordable brand upon cattle, horses, mules, sheep, or buffalo without…

Fees required by §§ 40-19-11 , 40-19-12 , 40-19-15 , and 40-19-16 shall be collected by the board and be paid into the state treasury to the credit of the brand fund, which fund shall not at any time revert to the general fund of the state or be diverted to any other purposes tha…

All expenses for salary of employees, per diem and traveling expenses of members of the board, books, records, files, and office equipment necessary for the maintenance of a permanent system of brand registration, rerecording, and renewals as provided for in this chapter, and the…

The board may: (1) Contract and cooperate with any person, organization, or governmental department or agency for education, research, theft prevention, and carrying out the provisions of chapters 40-18 to 40-22 , inclusive, and chapter 40-29 ; (2) Expend the funds collected purs…

In any action or proceeding at law or in equity, if the title to any cattle, horses, mules, sheep, or buffalo is involved, the brand on any animal shall be prima facie evidence of the ownership of the person whose brand it may be, if such brand is currently registered and renewed…

Any person who, with intent to defraud, brands or marks any cattle, horse, sheep, buffalo, or mule, not his own; intentionally brands over a previous brand or in any manner alters, defaces, or obliterates a previous brand; or cuts out or obliterates a previous brand on any cattle…

Nothing in this chapter shall be so construed as in any manner to impair the property rights of any owner of livestock in this state. Source: SDC 1939, § 40.1217.

The branding of cattle, horses, mules, and buffalo shall be done by use of a hot iron. A freeze brand may, however, be applied to horses and mules. A single letter, number, figure, bar, quarter circle, half circle, or complete circle, or a half diamond, or complete diamond placed…

Any person desiring to use or adopt any recordable brand for livestock ownership identification purposes shall make and sign an application setting forth a facsimile of the brand desired and file the application for registration in the office of the board. Source: SDC 1939, § 40.…

An application for a registered brand shall be submitted on a form provided by the board. Applications shall be processed in the order of their receipt and the applicant shall be notified if the brand is recordable and of the fees due for registration. Source: SDC 1939, § 40.1205…

If the brand is recordable, the board shall register the brand upon payment of the required fees and shall issue a certificate of registration. Ownership of a brand begins on the date of registration. Source: SDC 1939, § 40.1206; SL 1988, ch 328 , § 24; SL 1999, ch 206 , § 4.

The board shall reject any brands formed from any letter, number, or symbol which is a duplicate of, or in conflict with, any brand previously registered for that location on an animal. Any brand approved for registration shall be composed from the combination of no less than two…

The board shall reject any brand that has, in addition to being the same as one previously registered, any of the following marks, whether placed across, above, below, at either side or encircling the main brand: a straight bar, a quarter, half or entire circle, half or entire di…