SOUTH
DAKOTA BRAND LAWS
SOUTH
DAKOTA STATUTES
TITLE
40. ANIMALS AND LIVESTOCK
CHAPTER
40-18. STATE BRAND BOARD
40-18-1 Composition of board -- Nomination and
appointment of members.
The state brand
board shall consist of five members appointed by the Governor. Statewide
nonprofit agricultural organizations, incorporated under state law, may submit
nominations to the Governor prior to December first each year from which
nominations for appointment or appointments shall be made. In the event no
nominations are received, the Governor shall make such appointment without
reference to such nominations.
40-18-1.1 Board attached to department of agriculture
for reporting -- Function retained -- Appointment of staff director.
The board is
attached to the department of agriculture 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.
40-18-1.2 Definitions.
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 livestock for
ownership identification purposes;
(2) "Approved
brand," any brand accepted for registration by the board;
(3) "Authorized
bill of sale," any limited use form approved by the board to transfer
ownership of livestock;
(4)
"Board," the South Dakota State Brand Board;
(5) "Brand
ownership period," the five year time period during which brands are valid
if the fees are paid;
(6)
"Carrier," any person in charge of a conveyance which transports
livestock;
(7)
"Conflicting brand," any brand which is a duplicate of, or is similar
to, or may be altered to resemble, a registered brand;
(8)
"Conveyance," any vehicle used to transport livestock;
(9)
"Estray," any unclaimed cattle, horse, mule, sheep or buffalo the
ownership of which is in question;
(10) "Evidence
of ownership," any authorized bill of sale, market clearance, local
inspection, health certificate, current registration papers, court order or
other official document or in lieu thereof an affidavit of ownership;
(11) "Healed
brand," a brand that has shed the scab and for which the healing process
is complete;
(12)
"Hold," the possession of livestock or the possession of the proceeds
from the sale of livestock for purposes of establishing ownership;
(13) "Hot
iron," a metal instrument heated and used to brand livestock;
(14)
"Inspect," to examine livestock for the purpose of determining
ownership;
(15)
"Inspector," any person who is authorized by the board to perform
ownership inspection of livestock;
(16)
"Investigator," any person employed by the board to enforce the
ownership inspection laws;
(17)
"Livestock," cattle, horses and mules;
(18) "Local
ownership inspection certificate," an ownership inspection certificate of
livestock ownership issued by a brand inspector at any point outside the
auction market;
(19) "Market
clearance," an inspection certificate of ownership for livestock issued by
a brand inspector at a South Dakota livestock auction market;
(20) "Open
market," any livestock market or shipping point where ownership inspection
is conducted by written agreement with the board;
(21)
"Owner," the person to whom a recorded brand is registered or who
owns cattle, horses, mules, sheep or buffalo;
(21A)
"Process," to cut and wrap a livestock carcass for human consumption;
(22)
"Producer," any person engaged in the raising of livestock;
(23)
"Recordable brand," any brand acceptable for registration;
(24) "Recorded
brand," any brand registered with the board;
(25)
"Registered brand," any recorded brand for which the fees are
currently paid;
(26)
"Seller," any person offering for sale or selling livestock;
(27) "Selling
agent," any person engaged in livestock commerce;
(28)
"Shipper," any person making delivery of livestock to a market or
shipping point;
(29) "Shipper's
permit," any permit to transport livestock to a market or point approved
by the board;
(30)
"Slaughter," the killing of livestock for processing for human
consumption;
(31) "Split
brands," any brand parts of which are applied on more than one location of
an animal;
(32)
"Tally," any board-approved form used by inspectors to list and
describe livestock;
(33)
"Trail," to herd or drive livestock from place to place without
conveyance; and
(34)
"Transport," to carry by conveyance.
40-18-2 Qualification of board members.
The members of the
board shall be persons who derive the major portion of their income from the
livestock business and who are owners of brands duly recorded with the board.
At least three of the five members of the board shall reside in the livestock
ownership inspection areas. No appointed member may act as a member of the
board while he holds an elective or appointive state or federal office. No more
than three of the members shall be of any one political party.
40-18-3 Terms of appointment to board -- Vacancies.
Appointments to the
board shall be made for terms of five years expiring on the first Monday in
January in each year and in case of vacancy prior to expiration of a term,
appointment shall be made for the balance of the unexpired term only, under the
same procedure provided for in s 40-18-1.
40-18-5 Quorum of board -- Vote required for action.
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.
40-18-6 Office of board.
The board shall
maintain an office in Pierre.
40-18-7 President and vice-president of board.
The board shall
elect from its members a president and vice president each year, who may vote
on all matters before the board.
40-18-8 General duties of staff director -- Call of
meetings.
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 board at the direction of the president or upon the
written request of three or more members of the board.
40-18-9 Employment of other persons by board --
Compensation -- Expenditures.
The board may in
accordance with chapter 3-6A employ such persons as it may consider 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, and fix the salaries
and compensation of such persons and may make such expenditures as are
necessary properly to carry out the provisions of chapters 40-18 to 40-22,
inclusive, and chapter 40-29.
40-18-10 Designation of private or nonprofit
corporation for provision of ownership inspection -- Terms of contract.
The board may
designate as an agency for the carrying on of livestock ownership inspection
work a private or nonprofit corporation, and fix the compensation. Any contract
entered into for the provision of livestock ownership inspection work shall
contain provisions requiring a separate accounting of all income received and
expenses paid by the agency based on such contract. Such accounting information
shall be available to the public upon request to the board.
40-18-10.1 Agreements with other states for livestock
ownership inspection.
The board may enter
into reciprocal agreements or contracts with an agency of any other state,
which provides livestock ownership inspection.
40-18-11 Bond required of custodian of board funds.
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.
40-18-12 Seal of board.
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.
40-18-13 Administration of marking and branding laws.
The board shall
administer chapters 40-18 to 40-22, inclusive, chapter 40-29 and any rules
promulgated pursuant thereto.
40-18-14 Employment of law enforcement officers for
enforcement of marking and branding laws -- Hiring of additional inspectors.
The board may employ
four investigators for the purpose of enforcing the provisions of chapters
40-19 to 40-22, inclusive, and chapter 40-29. The investigators shall be
certified law enforcement officers and shall enforce laws pertaining to
inspection, sale, branding, misbranding, ownership, transportation or theft of
cattle, horses, mules, sheep and buffalo. The investigators have all of the
powers and authority of any law enforcement officer within the state of South
Dakota while enforcing laws pertaining to cattle, horses, mules, sheep and
buffalo. This section does not restrict the board from hiring inspectors, who
are not law enforcement officers.
40-18-15 Ownership inspection on transportation of
livestock.
The board may
inspect all livestock moved within the South Dakota livestock ownership
inspection area and all livestock leaving the South Dakota livestock ownership
inspection area for the purpose of determining the proper ownership and brands,
if any, of such livestock and shall have general charge, supervision and
custody of all instruments, records and files in connection with such ownership
inspection activities.
40-18-16 Rules promulgated by board.
The board may
promulgate rules pursuant to chapter 1-26 to:
(1) Describe
prohibited brand symbols for various types of livestock and identify locations
on animals where a brand is permitted;
(2) Provide for the
registration, transfer and renewal of livestock brands;
(3) Establish a
brand registration fee not to exceed twenty-five dollars;
(4) Establish a
brand renewal fee not to exceed ten dollars per year or a brand renewal fee not
to exceed fifty dollars for each five-year ownership period and a brand
transfer fee not to exceed twenty-five dollars;
(5) Establish an
ownership inspection fee not to exceed eighty cents for each head of livestock;
(6) Establish
recordable livestock brands;
(7) Establish law
enforcement, ownership inspection and transportation requirements within or
without the ownership inspection area;
(8) Establish a
duplicate certificate fee not to exceed five dollars;
(9) Establish a
mileage fee for inspectors not to exceed the rate set by the state board of
finance.
40-18-17
Board to provide for brand registration, livestock inspection and
enforcement
of laws.
The brand board
shall provide for the registration of livestock brands, for the inspection of
livestock for ownership identification purposes, and for the enforcement of
laws pertaining to the inspection, sale, branding, ownership, transportation,
and theft of livestock within the ownership inspection area and the state.
TITLE
40. ANIMALS AND LIVESTOCK
CHAPTER
40-19. BRAND REGISTRATION AND USE
40-19-1 Use of unregistered brand as misdemeanor.
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.
40-19-2 Exclusive right to use brand after
registration.
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.
40-19-2.1 Placement of brand.
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 identification purposes on either the left or right jaw
of cattle. No brand may be recorded on the ribs of horses or mules.
40-19-3 Single symbol brand not recordable -- Validity
of presently recorded brands -- Exception for sheep -- Hot iron or paint for
sheep.
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 on livestock are unrecordable brands under this
chapter, including new split-brands. However, presently recorded brands are
valid as long as fees are paid and there is no conflict with board policy.
A single letter,
symbol, or number brand is recordable for sheep. A sheep brand shall be either
a hot iron brand or shall be applied with branding paint. No more than two
colors or one color and a hot iron brand may be recorded for sheep under one
application fee. Authorized paint colors are yellow, blue, green, black, red or
purple. No dot, bar, slash, quarter circle, circle or the letter "Q"
may be registered as a sheep brand. A brand may be recorded for the side, hip,
nose or jaw on either the left or right side of sheep. No brand may be recorded
as "across the back" of a sheep. A brand, regardless of position, is
only recordable in a different color on the same location.
40-19-4 Filing of application for brand -- Facsimile
included.
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.
40-19-5
Application form -- Notice if brand recordable -- Fees.
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.
40-19-6
Registration of brand -- Certificate of registration.
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.
40-19-7 Rejection of brands by board -- Grounds --
Composition of brands - - Location on animal as part of brand.
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 or more than three letters, numbers or symbols,
except for sheep. Only the following shall be accepted for registration:
(1) Letters A to P
and R to Z, in the plain gothic style of print;
(2) Arabic numerals
from two to nine, inclusive;
(3) Symbols,
including diamond, half diamond, arrow, mill iron, heart, box, half box,
quarter circle, bar or slash.
All brands that are
similar to any previously registered brand or that the board determines may be
changed to resemble a previously registered brand may be rejected. Location of
a brand on an animal shall be construed as part of the brand. A variation in
the size of a letter, number, or figure does not constitute a new brand and
shall be rejected.
40-19-9 Rejection of brand adding symbol to existing
brand -- Exception.
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 diamond, unless one or more of such marks is
filed by the current owner of the first registered brand, in which case it may
be accepted.
40-19-10 Brands on imported animals to be filed --
Conflict with existing brand -- Notification and rebrandings -- Violation as
misdemeanor.
Any person before
bringing into this state and turning loose for grazing purposes any livestock
already branded, shall present to the board a statement of the brand on such
livestock, and if in the judgment of the board, such brand is a duplicate of or
in conflict with any previously registered brand, the board shall so notify the
person bringing the livestock into this state. The board may require the owner
of the livestock to rebrand the livestock with a nonconflicting brand prior to
turning the livestock loose. A violation of this section is a Class 1
misdemeanor.
40-19-11 Registration of brands approved --
Preservation of applications on certificates -- Registration and renewal fees.
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 s 40-18-16, for each brand. In addition to the registration fee,
any person registering a brand shall remit to the board a renewal fee pursuant
to s 40-18-16.
40-19-12 Five-year renewal of brands -- Renewal fee.
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 s 40-18-16.
40-19-13 Abandonment of brand by failure to renew --
Open to new registration.
Any registered brand
which is not renewed within one hundred twenty days after January first as
provided for in s 40-19-12 is deemed abandoned by its owner, is canceled, and
may not be renewed.
40-19-13.1 Cancellation of certificate paid for with
bad check.
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.
40-19-14
Rerecordation of cancelled brand by previous owner after first two
years.
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 one
hundred dollar rerecord fee. Moreover, during the two years following the
current ownership period, it is not a violation of § 40-19-21;
(1) If the previous
owner sells livestock bearing the canceled brand; or
(2) If the previous
owner brands livestock with the canceled brand prior to becoming aware of the
cancellation.
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.
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 s
40-18-16. If an owner has recorded an identical brand for both shoulder and rib
locations on one side of any livestock, the brands may not be transferred
separately to different owners. A separate fee is required for each brand
location if transferred.
40-19-16 Replacement of lost or destroyed certificate
-- Affidavit -- Fee.
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 s
40-18-16.
40-19-17 Cancellation of brand conflicting with
previous brand.
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.
40-19-18 Cancellation of brand used for felony or
theft.
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.
40-19-19 Replacement brand for canceled brand --
Application -- No assessment of fee.
If a brand is
canceled as provided in s 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 be assessed for the brands.
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.
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, by certified or registered mail. The
person upon whom such notification is served may appear in person before the
board or present a statement to the board explaining how the unrecorded brand
is not an infringement upon or in conflict with the registered brand. If the
board decides that the unrecorded or last registered brand conflicts with the
first registered brand, a notice shall be served upon the person using the
unrecorded or last recorded brand to discontinue its use within thirty days
from the receipt of such notice. Any person failing to comply with the
provisions of this section is liable for all damages resulting from such
failure and is guilty of a Class 1 misdemeanor.
40-19-21 Unlawful use of brand as misdemeanor.
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 first registering it is guilty of a Class 1 misdemeanor.
40-19-22 Fees paid into brand fund -- Purposes for
which used.
Fees required by ss
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 than those stated in this chapter, or chapters 40-20 and
40-21.
40-19-23 Administrative expenses paid from brand fund
-- Vouchers and warrants -- Publication and sale of brand books and
supplements.
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 execution and enforcement of the provisions of
chapters 40-18 to 40-22, inclusive, and chapter 40-29 shall be allowed upon
vouchers approved by the board and warrants issued therefor by the state
auditor, and paid out of the brand fund by the state treasurer.
The expenses
referred to in this section include the expense of printing brand books and
supplements sold for a price to be fixed by the board at not less than cost.
The receipts from such sales shall be paid to the state treasurer and shall be
deposited in the brand fund.
40-19-23.1 Brand board activities.
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 pursuant to chapters 40-19, 40-21 and 40- 29, and appropriated for
their administration; and
(3) Accept donations
of funds, property, services or other assistance from public or private sources
to carry out the provisions of chapters 40-18 to 40-22, inclusive, and chapter
40-29; and
(4) Develop and
disseminate information relating to the purpose of livestock ownership
inspection and theft prevention.
40-19-24 Registered brand as prima facie evidence of
ownership -- Copy of register as proof of brand.
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 as provided by law. Proof of the right of any
person to use any brand shall be made by a copy of the register of the same,
certified in all cases of brands registered under this chapter, by the board.
40-19-25 Misuse or alteration of brand as felony.
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, horse, sheep, buffalo or mule is guilty of a
Class 5 felony.
40-19-26 Property rights unimpaired.
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.
TITLE
40. ANIMALS AND LIVESTOCK
CHAPTER
40-20. LIVESTOCK OWNERSHIP INSPECTION AREA
40-20-1
Counties included in inspection area.
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, Shannon, Corson, Dewey,
Ziebach, Haakon, Stanley, Jackson, Jones, Mellette, Bennett, Todd, Lyman, Tripp
and Gregory.
40-20-2 Petition for addition of county contiguous to
ownership inspection area -- Discretion of board -- Minimum area added.
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, either reject or approve such petition at its
next regular or special meeting. No area in the brand inspection area may be
smaller than a county.
40-20-3
Withdrawal of county from inspection area by petition -- Minimum area
withdrawing.
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 seeking withdrawal. The petition shall be filed with
the board. The board shall at its next regular or special meeting enter a
resolution approving the withdrawal, which action removes the county described
in the petition from the ownership inspection area. No area seeking withdrawal
may be smaller than a county.
40-20-4 Ownership inspection and certificate required
for transportation, trailing or exportation of livestock, horses or mules from
inspection area -- Misdemeanor -- Inspection -- Impoundment -- Venue.
Except as provided
in this chapter, it is a Class 1 misdemeanor for any person to remove or
authorize the removal of any 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 area unless the livestock have
first been inspected for ownership and unless the shipper possesses the local
inspection certificate, market clearance, shippers permit, or such other form
of authorization as may be required by the board. Except as provided in s
40-20-29, a local inspection certificate is valid for transportation of
livestock out of the inspection area only on the date issued. If there is no
valid local inspection certificate, the livestock shall be inspected before
leaving the inspection area. Livestock being removed from the ownership
inspection area without authorization from the board may be impounded by any
law enforcement officer until the livestock are inspected for ownership by an
authorized brand inspector. The venue of any offense under this section is in
the county where such livestock were loaded or in any county through which the
livestock were transported or trailed. Any livestock being transported to a
destination outside the ownership inspection area shall be inspected for
ownership if they cease to be in the custody of the carrier at any time prior
to leaving the ownership inspection area. Any livestock shipper within the
livestock ownership inspection area wanting livestock inspected as provided in
this section shall notify an inspector in advance of the inspection and allow
the inspector reasonable time to provide the inspection.
40-20-4.1 Permit to move livestock from area --
Duration of permit -- Fee -- Permit to transport horses and mules.
Notwithstanding the
provisions of s 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 written permit shall remain in effect for the
life of the livestock described, or for a specific term, and it is void if the
livestock changes ownership. The fee for the permit shall be established by
rules promulgated pursuant to chapter 1-26. The permit fee includes the costs
of any inspection and the fee imposed under the provisions of s 40-18-16. A
permit for the transportation of horses and mules may be authorized by the
board pursuant to s 40-18-16.
40-20-4.2 Inspection of livestock while in or on
conveyance as misdemeanor.
It is a Class 1
misdemeanor to make an inspection of livestock while the livestock are loaded
in or on any conveyance. The inspector shall tally the livestock according to
the number of head, sex and brands.
40-20-4.3 Inspector prohibited from inspecting own
livestock -- Violation as misdemeanor.
It is a Class 1
misdemeanor for an inspector to inspect livestock or issue shipper's agreements
for livestock owned by himself.
40-20-5 Livestock ownership inspection area dividing
ranch -- Movement of livestock without inspection.
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 inspection. The border of the South Dakota inspection area
shall be contiguous to an inspection area of an adjacent state. The board may
cancel such permission at any time subject to the provisions of chapter 1-26.
40-20-6 Ownership inspection not required for
transportation or trailing to open market.
Subject to the
conditions set forth in ss 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 required at point of origin.
40-20-7 Authorization for transportation to open
market or slaughter plant.
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 previously designated open market or slaughter
plant pursuant to s 40-18-16. The permit may be obtained forty-eight hours in
advance of shipment from an authorized agent of the board.
40-20-7.1 Reinspection required of livestock unloaded
anywhere other than market of origin.
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 shall be reinspected for ownership immediately
prior to further transportation.
40-20-10 Transportation of livestock without required
authorization as misdemeanor.
If authorization is
required, it is a Class 1 misdemeanor for any carrier or owner to transport any
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 in possession of authorization by the board.
40-20-10.1 Proceeds of sale held in trust pending
authorization.
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 proceeds.
40-20-12 Inspection and clearance required for
diversion of livestock consigned to open market -- Neglect by carrier as
misdemeanor.
If livestock shipped
from the livestock ownership inspection area are consigned to an open market
described in s 40-20-6, it is a Class 1 misdemeanor for any person to change
the consignment to a point other than a livestock market previously designated by
the board as an open market, unless the livestock receive a livestock ownership
inspection and the carrier receives a certificate or clearance from the board
showing that all the livestock belongs to the shipper.
40-20-18
Exhibition of authorization on demand of law enforcement offic
er
-- Failure to possess authorization as misdemeanor.
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 Class 2 misdemeanor for any person not to be in
possession of such authorization if required by the provisions of this section.
40-20-24 Law enforcement officer stopping vehicle for
inspection -- Unloading of livestock.
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, brands, marks, or other means of identification. The
law enforcement officer may demand any such person to unload such livestock at
the nearest suitable location for further inspection and examination.
40-20-25 Law enforcement officer not liable for
damages in stopping vehicle.
Any law enforcement
officer described in s 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.
40-20-26 Licensed auction markets in inspection area
to require ownership inspection of livestock -- Neglect as misdemeanor --
Discretionary reinspection.
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 livestock arrives at any auction market in
the ownership inspection area after daylight hours, facilities shall be made
available to yard such livestock separate and apart from any other livestock.
The auction market may sell such livestock that night, but livestock so sold
shall be returned to the separate yard facilities, and may not be removed
therefrom until an ownership inspection has been made. The livestock ownership
inspector may, in his discretion, reinspect the livestock before they leave the
yards of the auction market.
40-20-26.1 Sale or transfer of ownership without
ownership inspection as misdemeanor -- Exception.
It is a Class 1
misdemeanor for any person to sell or to transfer ownership of any livestock
within the livestock ownership inspection area without first obtaining an
ownership inspection, except as provided in s 40-20-26.
40-20-26.2 Authorized bill of sale transfer --
Requirements -- Limits -- Exception from inspection requirement -- Violation as
misdemeanor.
The provisions of s
40-20-26.1 notwithstanding, 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 shall be on a form prescribed by the board. A copy of an
authorized bill of sale shall be forwarded to the board. A violation of the
forwarding requirement is a Class 2 misdemeanor. An authorized bill of sale
does not substitute for inspection of livestock being removed from the
ownership inspection area of South Dakota.
An authorized bill
of sale may transfer no more than five head of livestock to any one buyer.
Multiple authorized bills of sale may not be executed to subdivide numbers of
livestock greater than five to any one buyer. The transfer of livestock without
an authorized bill of sale under this section or in violation of the
requirements relating to the number of livestock that may be transferred to a
single buyer is a Class 1 misdemeanor.
40-20-26.3 Promulgation of rules exempting certain
persons from s 40-20- 26.1.
The board may, by
rules promulgated pursuant to chapter 1-26, exempt any person licensed pursuant
to chapter 40-15A from the provisions of s 40-20-26.1.
40-20-27 Livestock ownership inspection certificate
issued to buyer.
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.
40-20-28 Fee for inspection services -- Determination
of rate -- When collected.
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 collected if the current inspection income does not cover
the cost of brand inspection.
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.
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 permanent records, or unless the
person has the hide of each slaughtered carcass available for inspection. An
ownership brand inspection certificate on livestock is valid for no longer than
four days from the date of issue. Livestock arriving at slaughter destination
later than four days from the date indicated on the inspection certificate
shall be inspected and the fee collected. All certificates of ownership
inspection shall, at any time upon demand, be displayed to any law enforcement
officer or to the board.
40-20-30
Injunction to restrain violation of this chapter or chapter 40- 21.
The board may apply
for an injunction in any court of competent jurisdiction to restrain any
violation of this chapter or chapter 40-21.
40-20-37 Removal of livestock before ownership
inspection prohibited -- Violation as misdemeanor.
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 s 40-20-26.
40-20-38 Grounds for refusal to inspect.
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.
40-20-39 Inspection of livestock removed from
inspection area -- Fee.
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 laws.
40-20-40 Mileage fee for travel to inspection.
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 by the State Board of Finance
pursuant to s 3-9-1.
TITLE
40. ANIMALS AND LIVESTOCK
CHAPTER
40-21. BRAND INSPECTION AND THEFT PREVENTION
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.
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 carcasses. Such permit shall contain: the name of
the owner of the shipment; the ages, sexes, brands thereon, if any; the date of
transportation, the points of origin and destination of the shipment; and the
person to whom it is consigned. In lieu of the permit, any person who is
transporting such cattle, horses, mules, sheep and buffalo or carcasses may
make a written statement which shall contain the information described herein.
Violation of this section is a Class 1 misdemeanor.
40-21-5 Designation of open market for livestock --
Promulgation of rules.
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 designated by the board as an open market. The
board shall establish criteria for designating an open market and for revoking
open market status by rules promulgated pursuant to chapter 1-26. Criteria may
include distance from the livestock ownership inspection area, the number of
head inspected annually, compliance by the market with ownership inspection
laws, adequacy of the facilities and economic feasibility.
40-21-6 Inspections made between sunrise and sunset --
Rules regulating inspection during hours of darkness.
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 chapter 1-26, to regulate inspection during hours of
darkness.
40-21-7 Inspection fee for livestock -- Receipt --
Charge on entire consignment.
The board may
collect a fee on all livestock inspected in accordance with the provisions of s
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 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 only a portion of
a consignment of livestock is sold, the inspection fee required shall be
charged on the entire consignment.
40-21-8 Deposit of fees collected by inspecting agency
-- Monthly report of fees and expenses.
Any fees or other
funds collected by an agency delegated by the state brand board under the
provisions of s 40-18-10 shall be deposited in a separate bank account. The
agency delegated by the board under s 40-18-10 shall prepare a monthly report
of fees collected and expenses prorated for the ownership inspection program. A
copy of the report shall be filed monthly with the board, the secretary of
agriculture and the auditor general.
40-21-9 Fees paid into livestock ownership inspection
and theft prevention fund -- Purposes for which used.
Except as provided
by s 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 administration and enforcement of this chapter and
chapter 40-20.
40-21-10 Proof of ownership required for livestock not
bearing seller's brand.
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 seller, and
does not bear the recorded brand of such seller, then the seller shall be
required to establish his ownership to such livestock, by presenting to the
livestock ownership inspector a witnessed bill of sale to such animal or by
other satisfactory evidence of ownership which may include an affidavit of
ownership signed by the seller and witnessed by the ownership inspector. If any
livestock listed on the original bill of sale or affidavit of ownership are not
sold, the inspector shall pick up the ownership documents and issue a receipt
showing the number of livestock sold and the number remaining. If any livestock
are unbranded, the inspector may require the shipper or seller to establish his
ownership by presenting to the inspector an affidavit of ownership. Only an
original bill of sale or affidavit of ownership is valid for proof of ownership.
Any bill of sale or affidavit shall be notarized or signed by two witnesses.
40-21-11 Proof of ownership required for livestock
bearing two or more brands.
If any livestock
inspected under the provisions of this chapter or chapter 40-20 bears the
recorded brand of the seller, and also bears a recorded brand other than the
brand of the seller, then the seller may be required, at the discretion of the
livestock ownership inspector, to establish ownership to such livestock by
presenting to the ownership inspector satisfactory evidence of ownership.
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.
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 sale and shall hold the
proceeds until the board orders the money, along with account of sale, released
to the livestock owner or to the South Dakota livestock ownership inspection
fund. Such financial responsibility may be enforced by civil suit brought by
the board. If the inspector finds livestock carrying a recorded brand which is
not the property of the consignor and is not accompanied by a proper bill of
sale, affidavit of ownership, or livestock market clearance, the inspector
shall designate the livestock as, Hold. The inspector may sell or hold the
livestock; and if sold, the selling agency shall hold the proceeds from the
sale for sixty days or until the consignor establishes evidence of ownership to
the inspector, whichever comes first. All livestock holds after sixty days
shall be forwarded by the inspector to the board for review and final
disposition, which may include clarification, settlement, or payment related to
proper ownership. If a hold has been placed on the proceeds, it is a Class 1
misdemeanor for the selling agent or selling agency to disburse the
proceeds to the
seller or consignor before the board has cleared the hold for release.
40-21-14 Time allowed for establishment of ownership
after sale of animal -- Sale price paid to owner.
In the event of sale
of livestock pursuant to s 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 as selling agent to pay the net sale price with account
of sale to the owner.
40-21-15 Failure of seller to establish ownership --
Sale proceeds paid to board -- Account of sale.
If the seller of an
animal sold pursuant to s 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 prepared by the selling agency in duplicate showing the brand
on the animal, the name and address of the shipper, the point of origin and
date of consignment.
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.
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, all proceeds less authorized deductions shall be paid to
the owner.
40-21-17 Sale proceeds of undetermined ownership
escheat to board -- Deposit in ownership inspection and theft prevention fund
when ownership not established.
If the ownership of
any livestock sold pursuant to s 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 for in s 40-21-9.
40-21-19 Delegation of board powers to livestock
inspection agency.
The board may
delegate the duties, obligations and powers provided in ss 40- 21-10 to
40-21-17, inclusive, to any agency contracted with for carrying on livestock
inspection under the provisions of s 40-18-10.
40-21-20 Enforcement of rules.
Any rule promulgated
pursuant to chapter 1-26 by the board may be enforced in a court of competent
jurisdiction.
40-21-21 Forgery, alteration or misrepresentation of
inspection certificate, market clearance, bill of sale or permit as felony.
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 felony.
40-21-22.1 Removal of livestock before ownership
inspection prohibited -- Violation as misdemeanor.
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 s 40-21-12, until evidence of ownership is furnished to the inspector or
arrangements suitable to the board have been made.
40-21-23 Venue of offenses.
The venue of any
offense under s 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.
40-21-24 Reward authorized -- Funding.
The board may
authorize and pay a reward not exceeding one 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 of the South Dakota livestock ownership and theft
prevention fund created by s 40-21-9.
ADMINISTRATIVE
RULES OF SOUTH DAKOTA
TITLE
12. DEPARTMENT OF AGRICULTURE
ARTICLE
12:10. BRAND BOARD
CHAPTER
12:10:02. THEFT PREVENTION
12:10:01:12. Registration fee.
A brand registration
fee of $25 is required for each location of the brand on each species of
livestock.
12:10:01:13. Renewal fee.
A fee of $10 is
required for each year a brand is renewed. This section applies to new brand
registrations renewed to the end of the current 5-year renewal period and to
those brands which are subject to renewal for the next 5-year renewal period.
12:10:01:14. Transfer fee.
A fee of $25 is
required for each transfer of a registered brand.
12:10:01:15. Duplicate certificate fee.
A fee of $2 is
required for each duplicate of a brand registration certificate.
12:10:02:01. Applications for open market designation.
Licensed livestock
auction markets and slaughter plants located outside the livestock ownership
inspection area may apply for open market designation if they meet the
following criteria:
(1) The applicant's
facilities are within 45 miles of the inspection area boundary by an
all-weather road;
(2) The applicant's
facilities received at least 2,500 head of cattle from the ownership inspection
area within the 12 months preceding the date of the application if the
applicant is a livestock auction market;
(3) The applicant
has adequate facilities for the ownership inspection of livestock as determined
by the inspector in accordance with SDCL 40-20-38 and 40-21-5;
(4) The applicant
agrees to deposit and maintain funds in an escrow account to cover expenses of
providing brand inspection as required by the board or its authorized agent;
(5) The applicant
has no history of violating livestock ownership or inspection requirements; and
(6) The applicant,
if it is a slaughter plant subject to licensure, inspection, or regulation in
the state where their business is located, must provide evidence of permission
to operate as a custom slaughter plant in that state.
The application must
be on forms provided by the board. The board shall consider whether the
criteria listed in this section have been met in deciding to approve or reject
the application.
Upon approval of an
application, the board shall forward one signed copy to the inspection agency
and one signed copy to the applicant. The original application shall be
retained in the Brand Board office.
12:10:02:01.01.
Canceling open market designation.
The board may cancel
an open market designation if it determines that:
(1) The owner or
manager of the facilities fails to comply with ownership inspection laws or
rules or bonding and licensing requirements, including the laws and rules of
the Packers and Stockyards Administration;
(2) The conditions
at the facilities are inadequate or insufficient light exists for livestock
ownership inspection as required by SDCL 40-20-38;
(3) It is no longer
economically feasible to maintain an inspector at the facilities; or
(4) The livestock
auction market has not received at least 2,500 head of cattle from the
ownership inspection area within the preceding 12 months.
12:10:02:05.
Inspection fee.
A fee of 60 cents
per head shall be charged for inspection of all cattle, horses, and mules
regardless of age. The inspection fee also applies to calves and colts.
12:10:02:19.
Authorized bill of sale.
The bill of sale
used to transfer ownership of livestock shall contain the names and addresses
of the buyer and seller, the date of the transaction, the number and
description of the animals being transferred, a drawing of the brand, the
location where the brand appears on the animal, an affirmation signed by the
seller stating the brand is registered with the State Brand Board, and the
signatures of two witnesses.
12:10:02:20.
Distribution of copies of bill of sale.
The original bill of
sale is the purchaser's copy and shall be given to the brand inspector when the
livestock are subsequently sold or transferred by the purchaser.
12:10:02:34.
Application for permission to use out-of-state brand.
A person may apply
to the board on a form provided by the board for permission to use the person's
out-of-state brand.
Amended
in 1997, 1998, 1999, 2002.
Reviewed
by AAHS in July 2001.
Reviewed
and updated by AAHS in May 2003.
Pasted
from <http://asci.uvm.edu/equine/law/brands/sd_brand.htm>
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