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South Dakota Statutes, Title 40

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South Dakota/Statutes

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Title 40, ANIMALS AND LIVESTOCK

42 chapters · 536 sections in this title.

All chapters in Title 40536 Ch 15, LIVESTOCK AUCTION AGENCIES48 Ch 32, MILK PLANTS, PRODUCERS, AND DISTRIBUTORS41 Ch 20, LIVESTOCK OWNERSHIP INSPECTION AREA35 Ch 36, PREDATORY ANIMAL AND REPTILE CONTROL35 Ch 1, CRUELTY, ABUSE AND INJURY TO ANIMALS30 Ch 3, STATE ANIMAL INDUSTRY BOARD30 Ch 23, COOPERATIVE GRAZING DISTRICTS30 Ch 31, AMERICAN DAIRY ASSOCIATION OF SOUTH …30 Ch 19, BRAND REGISTRATION AND USE28 Ch 28, DAMAGE BY ANIMALS TRESPASSING OR RUN…25 Ch 18, STATE BRAND BOARD23 Ch 5, CONTROL OF CONTAGIOUS DISEASES AND P…21 Ch 21, BRAND INSPECTION AND THEFT PREVENTION21 Ch 37, PREDATOR CONTROL DISTRICTS19

536 sections·Filtered byTitle 40✕

SDCL § 40-18-5 Quorum of board--Vote required for action
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Three members of the board shall constitute a quorum for the transaction of business, but the affirmative vote of three members of the board is required to adopt any motion or resolution. Source: SDC 1939, § 40.1201 as added by SL 1943, ch 142 , § 1; SL 1949, ch 144 , § 1; SL 195…
SDCL § 40-18-6 Office of board
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The board shall maintain an office in Pierre. Source: SDC 1939, § 40.1201; SL 1943, ch 142 , § 1; SL 1949, ch 144 , § 1; SL 1951, ch 198 ; SL 1988, ch 328 , § 7.
SDCL § 40-18-7 President and vice president of board
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The board shall elect from its members a president and vice president each year, who may vote on all matters before the board. Source: SL 1943, ch 142 , § 2; SDC Supp 1960, § 40.1201-1; SL 1988, ch 328 , § 8.
SDCL § 40-18-8 General duties of staff director--Call of meetings
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The staff director shall keep a record of all proceedings, transactions, communications, and official acts of the board, shall be custodian of all records of the board and shall perform such other duties as the board may require. The staff director shall call a meeting of the boa…

Showing 201–250 of 536

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SDCL § 40-18-9 Employment of other persons by board--Compensation--Expenditures

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The board may, pursuant to chapter 3-6D , employ persons as the board deems necessary to properly carry out the provisions of chapters 40-18 to 40-22 , inclusive, and chapter 40-29 , under the supervision and control of the board. The board may fix the salaries and compensation o…

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 § 40-18-16 . Source: SDC 1939, § 40.1207 as added by SL 1949, ch 145 , § 2; SL 1964, ch 113 ; SL 1967, ch 160 ; SL 1975…

SDCL § 40-19-13 Abandonment of brand by failure to renew

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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 …

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 § 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…

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 § 40-18-16 . If an owner has recorded an identical brand for both shoulder and rib locations on one side of any liv…

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 § 40-18-16 . Source: SDC 1939, §§ 40.1207, …

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.

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…

SDCL § 40-20-1 Counties included in inspection area

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The South Dakota livestock ownership inspection area consists of all of that part of the State of South Dakota lying within the following counties: Harding, Butte, Lawrence, Pennington, Custer, Fall River, Perkins, Meade, Oglala Lakota, Corson, Dewey, Ziebach, Haakon, Stanley, Ja…

SDCL § 40-20-10 Transportation of livestock without required authorization--Penalty

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If authorization is required, it is a Class 2 misdemeanor for a carrier or owner to transport livestock from the livestock ownership inspection area or to within a mile of the border with a destination outside the livestock ownership inspection area unless the carrier or owner is…

SDCL § 40-20-10.1 Proceeds of sale held in trust pending authorization

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If livestock have been shipped to an open market and no authorization for the transportation of such livestock has been obtained, the proceeds of the sale of such livestock shall be held in trust by the operators of the open market until the board authorizes the release of the pr…

SDCL § 40-20-12 Diversion of livestock--Inspection required--Penalty

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If livestock shipped from the livestock ownership inspection area are consigned to an open market, as described in § 40-20-6 , it is a Class 2 misdemeanor for any person to change the consignment to a point other than a livestock market previously designated by the board as an op…

SDCL § 40-20-18 Exhibition of authorization on demand of law enforcement officer--Failure to possess authorization as misdemeanor

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Any person in charge or control of any motor vehicle transporting livestock from any point within the livestock ownership inspection area shall, upon demand of any state law enforcement officer, exhibit to the officer authorization as required pursuant to § 40-20-4 . It is a Clas…

SDCL § 40-20-2 Petition for addition of county contiguous to ownership inspection area--Discretion of board--Minimum area added

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Any county contiguous to the livestock ownership inspection area may become a part of such area upon a petition signed by a majority of the owners of livestock residing within such county to be attached, which shall be presented to the board. The board shall, in its discretion, e…

SDCL § 40-20-24 Law enforcement officer stopping vehicle for inspection--Unloading of livestock

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Any law enforcement officer may require any person transporting livestock to stop any vehicle transporting such livestock for the purpose of examination and inspection of the shipper's permit, local ownership inspection certificates, livestock market clearances, bills of sale, br…

SDCL § 40-20-25 Law enforcement officer not liable for damages in stopping vehicle

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Any law enforcement officer described in § 40-20-24 or surety on his official bond is not liable for any damages claimed to have been incurred by reason of any injury to such livestock, loss of time, shrinkage, or any other similar damage. Source: SL 1955, ch 139 , § 3; SDC Supp …

SDCL § 40-20-26 Licensed auction markets in inspection area to require ownership inspection of livestock--Neglect as misdemeanor--Discretionary reinspection

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It is a Class 1 misdemeanor for any licensed livestock auction market in the livestock ownership inspection area to allow any livestock brought into the yards of the market for purpose of sale to leave the yards until first inspected for ownership. However, if a shipment of lives…

SDCL § 40-20-26.1 Sale or transfer of ownership--Required inspection--Penalty

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It is a Class 2 misdemeanor for any person to sell or to transfer ownership of any livestock within the livestock ownership inspection area without obtaining an ownership inspection, except as provided in § 40-20-26 . Source: SL 1972, ch 218 ; SL 1977, ch 190 , § 514; SL 1980, ch…

SDCL § 40-20-26.2 Transfer of ownership--Authorized bill of sale--Limitations--Penalty

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Notwithstanding § 40-20-26.1 , ownership of livestock with the seller's South Dakota recorded and healed brand or the owner's unbranded livestock may be transferred by means of an authorized bill of sale, without a brand inspection. The bill of sale must be on a form prescribed b…

SDCL § 40-20-26.3 Promulgation of rules exempting certain persons from § 40-20-26.1

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The board may, by rules promulgated pursuant to chapter 1-26 , exempt any person licensed pursuant to chapter 40-15A from the provisions of § 40-20-26.1 . Source: SL 1988, ch 328 , § 64.

SDCL § 40-20-27 Livestock ownership inspection certificate issued to buyer

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The board shall issue a livestock ownership inspection certificate, in such form as the board may prescribe, to each livestock buyer showing such information as may be required by the board. Source: SL 1943, ch 142 , § 12; SDC Supp 1960, § 40.12A07; SL 1967, ch 166 ; SL 1968, ch …

SDCL § 40-20-28 Fee for inspection services--Determination of rate--When collected

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The board may charge and collect a fee from any open market for services pertaining to the brand inspection of livestock as required by chapters 40-20 and 40-21 . The amount of such fees shall be based upon the cost of providing ownership inspection at the market and shall be col…

SDCL § 40-20-29 Inspection and certificate required for slaughter or processing of livestock commercially within inspection area--Misdemeanor--Out - of - state certificate--Exhibition on demand

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It is a Class 1 misdemeanor for any person to slaughter or process livestock commercially within the livestock ownership inspection area until the livestock have received an ownership inspection and the certificate of such inspection is filed and is made a part of that person's p…

SDCL § 40-20-3 Withdrawal of county from inspection area by petition--Minimum area withdrawing

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Any county which has become a part of the livestock inspection area by petition and which adjoins a noninspection area may withdraw from the inspection area by a petition requesting withdrawal. The petition shall be signed by a majority of the owners of livestock in the county se…

SDCL § 40-20-30 Injunction to restrain violation of this chapter or chapter 40-21

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The board may apply for an injunction in any court of competent jurisdiction to restrain any violation of this chapter or chapter 40-21 . Source: SDC Supp 1960, § 40.12A10 as enacted by SL 1968, ch 156 , § 2; SL 1988, ch 328 , § 69.