Title 40 — ANIMALS AND LIVESTOCK

Repealed by SL 1999, ch 206 , § 6 40-20-16

Repealed by SL 1988, ch 328 , § 59 40-20-17

40-20-19 40-20-19 to 40-20-23. Repealed by SL 1984, ch 269 , §§ 19 to 23 40-20-24 Law enforcement officer stopping vehicle for inspection--Unloading of livestock. 40-20-25 Law enforcement officer not liable for damages in stopping vehicle. 40-20-26 Licensed auction markets in ins…

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 §

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…

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…

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 …

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…

40-20-28 Fee for inspection services--Determination of rate--When collected. 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. 40-20-30 Injunction…

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…

Promulgation of rules exempting certain persons from §

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 …

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…

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…

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…

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. 40-20-31. Repealed by SL 1991, ch 186 , § 19

40-20-33 Rules for suspension or revocation of feedlot permit--Inspection of cattle--Renewal of permit. 40-20-34 Inspection of cattle shipped from feedlot--Fee. 40-20-35 Permit for shipment of cattle from feedlot for slaughter--Inspection of cattle without forms--Fees. 40-20-36 I…

Any person who operates a drylot cattle feeding operation, within the confines of permanently fenced lots and within the ownership inspection area may apply to the board for designation as a registered feedlot. The board shall prescribe a form for this purpose. Upon receipt of an…

The board may adopt rules for the suspension or revocation of the permit for violations of §§ 40-20-32 to 40-20-36 , inclusive, pursuant to chapter 1-26 . A registered feedlot is subject to inspection upon all cattle placed in the feedlot. The registered feedlot permit may be ren…

Cattle sold or shipped from a registered feedlot for purposes other than direct slaughter shall be inspected for brands and the inspection fee shall be collected. Source: SL 1984, ch 270 , § 3; SL 1987, ch 297 , § 4; SL 1988, ch 328 , § 72.

Cattle shipped from a registered feedlot for slaughter are not subject to brand inspection at origin or destination. However, prior to shipping such cattle, the feedlot operator shall obtain a permit from the board which shows the feedlot operator's name, owner of cattle, date th…

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 §

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 §

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…

Source: SDC Supp 1960, § 40.12A06 as added by SL 1961, ch 203 ; SL 1988, ch 328 , § 93.

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…

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 §

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.