Title 40 — ANIMALS AND LIVESTOCK

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…

Terms used in this chapter mean: (1) "Animal Industry Board" or "board,' ' the Animal Industry Board of the State of South Dakota; (2) "Licensed, accredited veterinarian," a veterinarian licensed by the state of livestock shipment origin to practice veterinary medicine within tha…

No person may transact business as a livestock dealer, packer, or packer buyer unless the person is licensed pursuant to the provisions of this chapter. A violation of this section is a Class 1 misdemeanor. Source: SL 1982, ch 283 , § 1; SL 1991, ch 186 , § 13; SL 2003, ch 217 , …

The Animal Industry Board shall revoke or refuse to issue or renew a license if the applicant: (1) Has not filed or maintained a surety bond in the form and amount required under the provisions of § 40-15A-5 ; or (2) Has not satisfactorily demonstrated that his current assets exc…

If the Animal Industry Board finds that any livestock dealer, packer, or packer buyer has violated the provisions of § 40-15A-10 , the board may, by order, in lieu of revocation, suspend the license of such offender for a period not to exceed one year. Actions of the board relati…

This chapter does not apply to persons licensed under chapter 40-15 or to farmers, ranchers, or livestock feeders who buy or sell livestock in the ordinary course of their business. Source: SL 1972, ch 221 , § 2; SL 1990, ch 325 , § 277.

Before any person is licensed to transact business as a livestock dealer, packer, or packer buyer, he shall file annually with the Animal Industry Board on or before July first, an application for a license to transact such business on a form prescribed by the board. The applicat…

With the filing of an application for a license, the applicant shall submit to the Animal Industry Board a fee of fifty dollars. If the license is issued, it shall be for a period of one year commencing July first. Source: SL 1972, ch 221 , § 4; SL 1990, ch 325 , § 279.

Every livestock dealer, packer or packer buyer applying for a license under this chapter shall file with the animal industry board and maintain a fully executed duplicate of a valid and effective bond in the form and amount to be determined by the board. If the livestock dealer, …

Whenever an applicant has made proper application and paid the prescribed fee, the Animal Industry Board may fix a reasonable time and place for hearing thereon. The board may cause a copy of such application, together with notice of time and place of hearing thereon, to be serve…

Each license shall be posted in a conspicuous place in or at the place of business of the licensee for inspection by any person. Each licensee under this chapter shall be issued a pocket card containing the license number of the applicant and his authority as a livestock dealer, …

Each livestock dealer shall provide facilities where all stocker and feeder livestock purchased or consignments of such dealer shall be unloaded and inspected by a licensed, accredited veterinarian, within forty - eight hours after arrival, before being sold or moved. Each livest…

Every licensee under this chapter shall pay, upon request by the seller, eighty percent of the negotiated value of livestock sold at the time of the sale or delivery of the livestock sold, if the term of the sale is on the grade or carcass basis. Thereafter, upon the livestock sl…

The Animal Industry Board may, by rule, require any person licensed pursuant to this chapter to maintain adequate records of all livestock transactions to enable the board to follow the movement of diseased livestock. The licensee shall maintain such records for a period of two y…

All fees provided for under this chapter shall be paid into the state treasury and shall be placed in the general fund by the state treasurer. Source: SL 1972, ch 221 , § 7; SL 1990, ch 325 , § 286.

Terms used in §§ 40-15B-1 to 40-15B-8 , inclusive, mean: (1) "Livestock," live cattle, swine, or sheep; (2) "Packer," a person who is engaged in the business of slaughtering livestock or receiving, purchasing, or soliciting livestock for slaughtering, the meat products of which a…

A packer purchasing or soliciting livestock for slaughter in this state may not discriminate in prices paid or offered to be paid to sellers of that livestock. This section does not apply to the sale and purchase of livestock if the following requirements are met: (1) The price d…

A packer shall provide all sellers with the same terms and conditions offered to a seller who receives a differential price based on any of the criteria described in §

A packer shall, at the end of each day during which livestock are purchased or contracted, provide to the United States Department of Agriculture, agricultural market service livestock market news branch, and the South Dakota Department of Agriculture and Natural Resources, all p…

Any agreement made by a packer in violation of §§ 40-15B-1 to 40-15B-8 , inclusive, is voidable. Any packer acting in violation of this section is guilty of a fraudulent practice. Source: SL 1999, ch 204 , § 5.

The attorney general shall enforce the provisions of §§ 40-15B-1 to 40-15B-8 , inclusive, and the Department of Agriculture and Natural Resources shall refer any violations of these provisions to the attorney general. The attorney general or any person injured by a violation of t…

Any packer shall make available for publication and to the Department of Agriculture and Natural Resources, a daily report setting forth information regarding prices paid for livestock, under each contract in force, in which the packer and a South Dakota resident are parties for …

No packer, with respect to livestock, meats, meat food products, or livestock products in unmanufactured form, and no live poultry dealer with respect to live poultry, may: (1) Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device; (2) Make or give…

No person may operate a rendering or pet food processing plant, to which carcasses of domestic animals which are not intended for human consumption are brought or delivered, without a license. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 40.1101; SL 1…

Any person who operates a rendering or pet food processing plant within the State of South Dakota shall file with the Animal Industry Board an application for a license to operate subject to the provisions of this chapter and the rules of the Animal Industry Board. Source: SDC 19…

Upon the receipt of an application pursuant to § 40-17-2 , the Animal Industry Board shall inspect any establishment for which license is requested, including its equipment, vehicles, and manner of the conduct of its business with reference and due regard to the dangers of diseas…

If the inspection required by § 40-17-3 fails to reveal any danger of disease transmission, the Animal Industry Board shall issue the license applied for upon payment of a fee of twenty - five dollars. Such license shall remain valid for a period of one year from the date of issu…

No rendering or pet food processing plant may receive or accept a carcass of a diseased animal which has been transported to the plant by any person other than the authorized agents and employees of the rendering or pet food processing plant. Source: SDC 1939, § 40.1105; SL 1977,…

A rendering or pet food processing plant, licensed under the provisions of this chapter, may transport over any public highway the carcasses of domestic animals which have died of disease, subject to the conditions and limitations set forth in §§ 40-17-7 to 40-17-9 , inclusive. S…

For the purpose of transportation of carcasses pursuant to § 40-17-6 , the carcasses shall be placed in containers or vehicles which are constructed of, or lined with, impervious material, and which do not permit the escape of any liquid and which are covered in such a way that t…

Upon leaving the premises where any carcass being transported pursuant to § 40-17-6 is found and before entering the public highway, the exterior of the vehicle transporting the carcass shall be disinfected in a manner prescribed by the Animal Industry Board. Source: SDC 1939, § …

Containers and vehicles used in the transportation of carcasses pursuant to § 40-17-6 shall be disinfected, in a manner prescribed by the Animal Industry Board, each time before leaving the establishment named in the license. Source: SDC 1939, § 40.1104 (2); SL 1990, ch 325 , § 3…

For the purpose of implementing this chapter, the Animal Industry Board may adopt reasonable rules: (1) Establishing the application requirements for a rendering or pet food processing plant license; (2) Establishing requirements for the transportation, processing, and disposal o…

The State Brand Board shall consist of five members appointed by the Governor and confirmed by the Senate. Statewide nonprofit agricultural organizations or other interested persons, may submit nominations to the Governor. Source: SDC 1939, § 40.1201; SL 1943, ch 142 , § 1; SL 19…

The board is attached to the Department of Agriculture and Natural Resources for reporting purposes. It shall retain all its prescribed functions including administrative functions. The board shall appoint a staff director to serve at its pleasure. Source: SL 1973, ch 2 , § 37; S…

Terms used in chapters 40-18 to 40-22 , inclusive, and 40-29 mean: (1) "Agency," any private or nonprofit corporation, or its employees, incorporated under state law, designated by the board as its authorized agent to carry out the functions contracted for by the board to inspect…

The board may enter into reciprocal agreements or contracts with an agency of any other state, which provides livestock ownership inspection. Source: SL 1943, ch 142 , § 5; SDC Supp 1960, § 40.1201-3; SL 1988, ch 328 , § 12.

Any person employed or contracted with by the board who collects or is the custodian of any funds, shall furnish a surety bond, the amount and conditions of which shall in each case be prescribed by the board. Source: SDC 1939, §§ 40.1201, 40.1203; SL 1943, ch 142 , § 1; SL 1949,…

The board shall adopt a seal which shall contain among other things the words: "South Dakota State Brand Board." Brand certificates and any other official certificates and documents of the board shall bear the seal of the board. Source: SDC 1939, § 40.1202; SL 1988, ch 328 , § 14…

The board shall administer chapters 40-18 to 40-22 , inclusive, chapter 40-29 and any rules promulgated pursuant thereto. Source: SDC 1939, §§ 40.1201, 40.1203; SL 1943, ch 142 , § 1; SL 1949, ch 144 , § 1; SL 1951, ch 198 ; SL 1988, ch 328 , § 15.

The board may employ four certified law enforcement officers for the purpose of enforcing the provisions of chapters 40-19 to 40-22 , inclusive, and chapter 40-29 . This section does not restrict the board from hiring inspectors, who are not law enforcement officers. Source: SL 1…