Title 40 — ANIMALS AND LIVESTOCK
42 chapters · 565 sections in this title.
SDCL § 40-19-1 Use of unregistered brand as misdemeanor
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It is a Class 1 misdemeanor to hot iron brand any domestic animal or other livestock or to otherwise use any recordable brand, unless the brand is valid as provided by law and is registered in the name of the user with the Office of the State Brand Board. Source: SDC 1939, §§ 40.…
SDCL § 40-19-10.1 Permit required for cattle branded with out-of-state brand--Cattle purchased for export--Violation as misdemeanor
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No person may bring cattle branded with a brand registered in another state into the ownership inspection area for grazing or feeding purposes without a permit authorized by the board. If the brand is a duplicate of or conflicts with a brand issued pursuant to this chapter, a per…
SDCL § 40-19-11 Registration of brands approved--Preservation of applications on certificates--Registration and renewal fees
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Any brand approved by the board shall be registered, and the board shall keep and maintain a register of any application filed and certificate issued relating to a brand. Any person desiring to have a brand registered shall remit to the board a fee pursuant to § 40-18-16 , for ea…
SDCL § 40-19-12 Five - year renewal of brands--Renewal fee
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Each registered brand is subject to renewal on January first in years ending in zero and five. Each brand owner shall pay to the board a renewal fee pursuant to §
SDCL § 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 rerecord fee
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If the brand was registered before cancellation, the brand is recordable and the previous owner may register the brand by paying the registration fee and a two hundred dollar rerecord fee. During the two years following the current brand ownership period, it is not a violation of…
SDCL § 40-19-13.1 Cancellation of certificate paid for with bad check
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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.
SDCL § 40-19-14 Rerecording of cancelled brand by previous owner
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During the first two years following the current brand ownership period, only the previous owner may apply for a brand canceled under §
SDCL § 40-19-15 Change of registration on receipt of bill of sale--Fees for recording transfers--Certain brands not to be transferred to separate owners
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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 §
SDCL § 40-19-16 Replacement of lost or destroyed certificate--Affidavit--Fee
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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 §
SDCL § 40-19-17 Cancellation of brand conflicting with previous brand
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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.
SDCL § 40-19-18 Cancellation of brand used for felony or theft
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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.
SDCL § 40-19-19 Replacement brand for canceled brand--Application--No assessment of fee
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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…
SDCL § 40-19-2 Exclusive right to use brand after registration
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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.
SDCL § 40-19-2.1 Placement of brand
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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…
SDCL § 40-19-20 Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor
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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,…
SDCL § 40-19-21 Unlawful use of brand as misdemeanor
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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…
SDCL § 40-19-22 Fees paid into brand fund--Purposes for which used
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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…
SDCL § 40-19-23 Administrative expenses paid from brand fund--Vouchers and warrants--Publication and sale of brand books and supplements
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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…
SDCL § 40-19-23.1 Brand board activities
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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…
SDCL § 40-19-24 Registered brand as prima facie evidence of ownership--Copy of register as proof of brand
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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…
SDCL § 40-19-25 Misuse or alteration of brand as felony
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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…
SDCL § 40-19-26 Property rights unimpaired
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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. 40-19-27. Repealed by SL 1984, ch 269 , § 10
SDCL § 40-19-3 Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep
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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…
SDCL § 40-19-4 Filing of application for brand--Facsimile included
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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.…
SDCL § 40-19-5 Application form--Notice if brand recordable--Fees
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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…
SDCL § 40-19-6 Registration of brand--Certificate of registration
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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.
SDCL § 40-19-7 Rejection of brands by board--Grounds--Composition of brands--Location on animal as part of brand
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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…
SDCL § 40-19-9 Rejection of brand adding symbol to existing brand--Exception
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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…