Title 40 — ANIMALS AND LIVESTOCK
42 chapters · 565 sections in this title.
SDCL 40-18-10
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Source: SDC Supp 1960, § 40.12A06 as added by SL 1961, ch 203 ; SL 1988, ch 328 , § 93.
The owner or seller of any livestock so inspected is responsible for the inspection fee
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All fees are payable to the board and the board shall issue a receipt. The board shall deliver the original receipt to the remitter, and the duplicate receipt shall be retained by the board. No inspection clearance may be delivered until the inspection fees have been paid. If onl…
SDCL § 40-21-10 Proof of ownership required for livestock not bearing seller's brand
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If any livestock, inspected under the provisions of this chapter or chapter 40-20 bears an unrecorded brand, or a recorded brand other than the brand of the person selling the livestock or transporting the livestock out of the ownership inspection area, and does not bear the reco…
SDCL § 40-21-11 Proof of ownership required for livestock bearing more than one brand
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If any livestock inspected under the provisions of this chapter or chapter 40-20 bears the recorded brand of the seller or the person transporting the livestock out of the ownership inspection area, and also bears a recorded brand of another person, then the seller or the person …
SDCL § 40-21-12 Holding or sale of livestock or proceeds on failure to establish ownership--Financial responsibility of selling agent--Civil suit--Discretion of inspector--Disposition of proceeds without board's release as misdemeanor
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If the seller described in § 40-21-10 or 40-21-11 fails to establish ownership of any livestock, the livestock shall be held or sold. If the livestock are held, disposition by the board shall be made. If sold, the selling agent is financially responsible for the proceeds of the s…
SDCL § 40-21-12.1 Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor
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If the person transporting livestock out of the ownership inspection area as described in § 40-21-10 or 40-21-11 fails to establish ownership of any livestock, the board may hold the livestock. If a hold has been placed on the livestock, it is a Class 1 misdemeanor for the person…
SDCL § 40-21-14 Time allowed for establishment of ownership after sale of animal--Sale price paid to owner
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In the event of sale of livestock pursuant to § 40-21-12 , the seller of such animal shall establish ownership within sixty days after sale thereof, by producing satisfactory proof thereof to the board. If such seller establishes ownership, the board shall order the person acting…
SDCL § 40-21-15 Failure of seller to establish ownership--Sale proceeds paid to board--Account of sale
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If the seller of an animal sold pursuant to § 40-21-12 fails to establish ownership within sixty days, the board shall order the person who acts as selling agent to pay the net sale proceeds with account of sale of such livestock over to the board. The account of sale shall be pr…
SDCL § 40-21-16 Separate fund for sale proceeds of undetermined ownership held by board--Period for which held--Payment to owner on proof of ownership
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Any funds held by the board from the sale of livestock of undetermined ownership shall be placed into a separate interest bearing fund. Such funds shall be kept for a period of time not to exceed one year. If proof of ownership is made, satisfactory to the board within one year, …
SDCL § 40-21-17 Sale proceeds of undetermined ownership escheat to board--Deposit in ownership inspection and theft prevention fund when ownership not established
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If the ownership of any livestock sold pursuant to § 40-21-12 is not established within a one - year period, the net sale proceeds escheat to the board, and the board shall deposit the proceeds in the South Dakota livestock ownership inspection and theft prevention fund, provided…
SDCL § 40-21-19 Delegation of board powers to livestock inspection agency
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The board may delegate the duties, obligations, and powers provided in §§ 40-21-10 to 40-21-17 , inclusive, to any agency contracted with for carrying on livestock inspection under the provisions of §
SDCL § 40-21-20 Enforcement of rules
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Any rule promulgated pursuant to chapter 1-26 by the board may be enforced in a court of competent jurisdiction. Source: SL 1949, ch 149 , § 2; SDC Supp 1960, § 40.9929; SL 1963, ch 241 ; SL 1988, ch 328 , § 94.
SDCL § 40-21-21 Forgery, alteration, or misrepresentation of inspection certificate, market clearance, bill of sale, or permit as felony
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Any person who forges, alters, or misrepresents any livestock ownership inspection certificate, market clearance, bill of sale, or any permit or other authorization or proof of ownership provided for in this chapter or chapter 40-20 with intent to defraud is guilty of a Class 5 f…
SDCL § 40-21-22.1 Removal of livestock before ownership inspection prohibited--Violation as misdemeanor
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It is a Class 1 misdemeanor for any person bringing livestock to a licensed livestock auction for the purpose of sale, or any person on such person's behalf, to remove the livestock from the market, if a hold has been placed on the livestock pursuant to § 40-21-12 , until evidenc…
SDCL § 40-21-23 Venue of offenses
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The venue of any offense under § 40-21-21 is in the county where the livestock were loaded, if known, or in any county through which the livestock were transported or trailed. Source: SDC Supp 1960, § 40.9929 as added by SL 1963, ch 241 ; SL 1991, ch 335 , § 9.
SDCL § 40-21-24 Reward authorized--Funding
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The board may authorize and pay a reward not exceeding five thousand dollars to any person who provides information leading to the conviction of any person for the crime of stealing livestock which are branded with a brand registered with the board. Such rewards may be paid out o…
SDCL § 40-21-25 Rendering establishments exempt from provisions governing transport of hides and carcasses
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No rendering establishment licensed pursuant to chapter 40-17 need comply with the provisions of chapter 40-21 relating to the transport of hides or carcasses, if the carcasses are those of dead or diseased animals which are not intended for human consumption. Source: SL 1981, ch…
SDCL § 40-21-3.1 Transporting cattle, horses, mules, sheep, buffalo, or carcasses without owner's permit prohibited--Contents of permit--Written statement in lieu of permit--Violation as misdemeanor
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No person may transport cattle, horses, mules, sheep, or buffalo or the carcasses thereof on any public highway in this state or over any land of which he is not the owner or tenant, without the written permission of the owner of the cattle, horses, mules, sheep, and buffalo or c…
SDCL § 40-21-5 Designation of open market for livestock--Promulgation of rules--Open market agreement
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To facilitate the inspection of livestock and the enforcement of chapters 40-18 to 40-22 , inclusive, any livestock market, slaughter facility, or inspection point, whether within or without the State of South Dakota, that meets the criteria established by the board may be design…
SDCL § 40-21-6 Inspections made between sunrise and sunset--Rules regulating inspection during hours of darkness
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All inspections provided for in this chapter or chapter 40-20 shall be made between sunrise and sunset. However, livestock may be inspected between sunset and sunrise if there is lighting sufficient to accomplish brand inspection. The board shall promulgate rules, pursuant to cha…
SDCL § 40-21-7 Inspection fee for livestock--Receipt--Charge on entire consignment
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The board may collect a fee on all livestock inspected in accordance with the provisions of §
SDCL § 40-21-8 Deposit of fees collected by inspecting agency--Monthly report of fees and expenses
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Any fees or other funds collected by an agency delegated by the State Brand Board under the provisions of § 40-18-10 shall be deposited in a separate bank account. The agency delegated by the board under § 40-18-10 shall prepare a monthly report of fees collected and expenses pro…
SDCL § 40-21-9 Fees paid into livestock ownership inspection and theft prevention fund--Purposes for which used
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Except as provided by § 40-21-8 , all fees collected by the board shall be deposited in the state treasury in a fund to be known as the South Dakota livestock ownership inspection and theft prevention fund. The moneys in the fund shall be used by the board only in the administrat…