Title 40, ANIMALS AND LIVESTOCK

A registered feedlot is subject to inspection at any reasonable time at the discretion of the board, and the operator shall show all cattle, inventory records, and inspection certificates to cover all cattle in his feedlot. Source: SL 1984, ch 270 , § 5; SL 1988, ch 328 , § 74.

It is a Class 1 misdemeanor for any buyer of livestock at a licensed livestock auction market in the ownership inspection area, or any person on the buyer's behalf, to remove any livestock from the market until the livestock have been inspected for ownership as provided in § 40-2…

A livestock inspector may refuse to inspect livestock for ownership purposes if, in the judgment of the inspector, the livestock are confined to an area not accessible for inspection or if insufficient light exists for inspection. Source: SL 1992, ch 288 , § 5.

Livestock that is removed from the ownership inspection area in violation of this chapter may be inspected at any place outside the inspection area and the fee collected for the inspection. The inspection does not exempt any person from prosecution for violation of the inspection…

Except as otherwise provided in this chapter, it is a Class 2 misdemeanor to remove or authorize the removal of livestock from any point within the livestock ownership inspection area, to any point within one mile of the border with a destination outside the ownership inspection …

Notwithstanding the provisions of § 40-20-4 , an owner of any livestock who wishes to move the livestock out of the ownership inspection area for any purpose other than sale or trade of the livestock may obtain a written permit from the board for movement of the livestock. The wr…

It is a Class 1 misdemeanor to inspect six or more head of livestock while the livestock are in or on any conveyance. An inspector may, at any time, require the removal of one or more head of livestock from a conveyance, for purposes of inspection. The inspector shall tally the l…

It is a Class 1 misdemeanor for an inspector to inspect livestock or issue shipper's agreements for livestock owned by himself. Source: SL 1987, ch 297 , § 2; SL 1988, ch 328 , § 47; SL 1991, ch 186 , § 18.

If livestock owned by and bearing the registered brand of a bona fide rodeo producer are being transported out of the livestock ownership inspection area by the owner for rodeo purposes and there is no change of ownership, the inspection certificate required by § 40-20-4 may be e…

The board may charge a fee for actual mileage traveled to perform a local inspection or an inspection at an open market. The mileage fee shall be in addition to the inspection fee and may not exceed the rate set pursuant to § 3-9-1 . Source: SL 1993, ch 307 , § 2; SL 2024, ch 20 …

If the border of the livestock ownership inspection area of South Dakota divides any ranch or farm, written permission may be given by the board to the owner or lessee of the ranch or farm to trail livestock out of the South Dakota inspection area for grazing purposes without ins…

Subject to the conditions set forth in §§ 40-20-7 to 40-20-12 , inclusive, if livestock is transported or trailed to a designated inspection point outside the livestock ownership inspection area designated by the board as an open market, no livestock ownership inspection is requi…

In lieu of an ownership inspection, any person who intends to remove livestock from the livestock ownership inspection area for the purpose of sale or slaughter may obtain a shipper's permit from the board or its authorized agent for the transportation of livestock to a previousl…

A market clearance is valid for transporting livestock out of the ownership inspection area only if the transportation originates at the market where the livestock were inspected. If the livestock are unloaded or held at any other location other than the market of origin, they sh…

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…

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 …

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…

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…

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…

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…

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, …

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…

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 § 40-18-10 . Source: SDC Supp 1960, § 40.12A06 as added by SL 1961, ch 203 ; SL 1…

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.

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…

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…

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.

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…

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…

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…

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…

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…

The board may collect a fee on all livestock inspected in accordance with the provisions of § 40-18-16 . The owner or seller of any livestock so inspected is responsible for the inspection fee. All fees are payable to the board and the board shall issue a receipt. The board shall…

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…

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…

Any person slaughtering or processing livestock outside the ownership inspection area shall, upon demand of any law enforcement officer, provide names and dates of persons who delivered livestock for slaughter that may have originated from within the ownership inspection area. So…

Any person who intentionally falsifies any of the records required by this chapter is guilty of a Class 5 felony. Source: SL 1939, ch 151 , § 6; SL 1955, ch 140 , § 6; SDC Supp 1960, § 40.9930; SL 1977, ch 190 , § 521; SL 1991, ch 186 , § 23.

If ownership is claimed by a bill of sale, the inspector shall secure the original bill of sale, which shall be attached to the report submitted to the inspection agency. Source: SL 1939, ch 151 , § 3; SL 1951, ch 200 , § 1; SL 1951, ch 201 , § 1; SL 1955, ch 140 , § 3; SDC Supp …

A cooperative corporation organized for the purpose of aiding in the conservation of natural forage resources within a designated area to be jointly used by its members, and for aiding in the restoration and improvement of lands which may be acquired by lease or purchase from a p…

Each association incorporated under this chapter shall within thirty days after its incorporation, adopt, by majority vote of its members, for its government and management, a code of bylaws, not inconsistent with the powers granted under this chapter. Such bylaws may be altered …

Each association incorporated under this chapter may under its bylaws provide for any or all of the following: (1) The time, place, and manner of calling its meetings; (2) That in voting at meetings, no proxies shall be allowed; (3) The number of directors of the association, the…

Any person, partnership, limited liability company, association, corporation, or legally authorized agent of either thereof, owning or leasing forage producing land within or contiguous to the boundaries of the cooperative grazing district or proposed district may become a member…

Each member of a cooperative grazing district shall have but one vote. Voting by proxy shall not be allowed. Source: SDC 1939, § 40.1804.

When any member of a cooperative grazing district shall dispose of all or a part of the lands owned or leased by him so that another individual or other individuals shall by the purchase and ownership or lease of such lands acquire right to membership, then the rights and interes…

The directors shall have power to exercise the full corporate power as authorized in this chapter. Source: SDC 1939, § 40.1806 (1).

The directors may enter into leases on behalf of the association with persons, corporations, limited liability companies, partnerships, or with the county or counties in which the district is located or with the state or the federal government for tracts of land within, contiguou…