reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-12 - Action on auction agency bond.

40-15-12. Action on auction agency bond.
Action may be brought by any person upon the bond required by §40-15-10 without the necessity of joining the State of South Dakota or securing leave therefor.
Source:
SDC 1939, §40.2003 as added by SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-13 - Livestock handling and testing facilities required for auction agency license--Revocation or suspension if facilities inadequate or unsanitary.

40-15-13. Livestock handling and testing facilities required for auction agency license--Revocation or suspension if facilities inadequate or unsanitary.
Every livestock auction agency shall provide adequate facilities for care, sorting, feeding, and handling of livestock and for proper inspection, examination, and testing for disease according to specifications determined by the Animal Industry Board. No license shall be issued or renewed by the board until the facilities are deemed adequate by it; and any time after issuance of the license, it may revoke or suspend the license of the agency until faults are corrected whenever it determines that the facilities of the agency are then inadequate or that the premises are not being maintained and operation conducted in a sanitary and safe manner to prevent the spread of livestock disease.
Source:
SDC 1939, §40.2005; SL 1957, ch 203, §2; SL 1990, ch 325, §248.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-13.1 - Approved scales to be used.

40-15-13.1. Approved scales to be used.
No livestock subject to this chapter may be weighed on any scale, except a livestock scale certified by the Division of Commercial Inspection and Licensing approved for purposes of this chapter.
Source:
SL 1970, ch 231; SL 2004, ch 17, §293.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-13.2 - Promulgation of rules--Scales--Fees.

40-15-13.2. Promulgation of rules--Scales--Fees.
The board shall promulgate rules pursuant to chapter 1-26 to ensure:
(1)That livestock for immediate slaughter sold on a carcass basis are weighed on livestock scales certified by the United States Packers and Stockyards Administration for weighing livestock on a carcass basis;
(2)That livestock for immediate slaughter sold on a live basis are weighed on livestock scales certified by the United States Packers and Stockyards Administration for weighing such livestock; and
(3)That a fee is assessed for all livestock sold by electronic auction on a per head basis in an amount equal to ten percent of the minimum inspection fees as provided for in §40-15-17.
Source:
SL 1997, ch 230, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-14 - Rules specifying facilities needed by veterinary inspector.

40-15-14. Rules specifying facilities needed by veterinary inspector.
The Animal Industry Board may promulgate rules pursuant to chapter 1-26 to require the maintenance or installation of facilities such as the paving of alleys or holding pens, squeeze chutes, and quarters for the veterinary inspector that are reasonably necessary to test or treat cattle for disease.
Source:
SDC 1939, §40.2005 as added by SL 1957, ch 203, §2; SL 1986, ch 326, §87; SL 1990, ch 325, §249.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-15 - Separate pens for segregation of diseased animals--Marking of quarantine pens.

40-15-15. Separate pens for segregation of diseased animals--Marking of quarantine pens.
Each livestock auction agency shall maintain one or more pens separate and apart from other pens for the purpose of holding animals consigned to the sales that show symptoms of any contagious, communicable, or infectious disease and for cattle branded and tagged as brucellosis reactors, tuberculosis reactors, or livestock otherwise marked or identified as being diseased. These animals shall be sold from these quarantine pens for slaughtering purposes only. Such pens shall be marked as quarantine pens and labeled as such with the top rail of such pens to be painted yellow in color.
Source:
SDC 1939, §40.2005 as added by SL 1957, ch 203, §2; SL 1990, ch 325, §250.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-16 - Auction agency services available without discrimination--Filing and posting of rate schedules--Rebates prohibited--Violation as petty offense.

40-15-16. Auction agency services available without discrimination--Filing and posting of rate schedules--Rebates prohibited--Violation as petty offense.
Every livestock auction agency shall furnish its service to every person who requests it, without discrimination. Its rates shall be reasonable and nondiscriminating and shall be filed with the Animal Industry Board before a license is issued. The rates may be changed from time to time by filing new schedules with the board thirty days before they are to take effect. Rates shall be posted plainly, visibly, and conspicuously with the license on the premises. No livestock auction agency may rebate any service charge or render its services to anyone without charging the rate posted and filed. A violation of this section is a petty offense. Each violation is a separate offense.
Source:
SDC 1939, §40.2006; SL 1977, ch 190, §492; SL 1990, ch 325, §251; SL 1992, ch 158, §90.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-17 - Minimum inspection fees established by Animal Industry Board.

40-15-17. Minimum inspection fees established by Animal Industry Board.
The livestock auction agencies shall collect fees for inspection and examination of livestock as provided in this chapter which may not be less than the minimum established by the Animal Industry Board.
Source:
SDC 1939, §40.2002 as added by SL 1957, ch 203, §1; SL 1961, ch 204, §2; SL 1990, ch 325, §252.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-18 - Inspection fees paid to Animal Industry Board.

40-15-18. Inspection fees paid to Animal Industry Board.
The Animal Industry Board shall collect from all livestock auction agencies, all fees collected by the agency for the inspection required by §§40-15-19 to 40-15-25, inclusive.
Source:
SDC 1939, §40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, §1; SL 1957, ch 203, §1; SL 1961 ch 204, §2; SL 1970, ch 233, §1; SL 1990, ch 325, §253.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-19 - Inspection service to be provided at auction agency--Veterinarian employed by board--Qualifications--Assistant veterinarian--Violation as petty offense.

40-15-19. Inspection service to be provided at auction agency--Veterinarian employed by board--Qualifications--Assistant veterinarian--Violation as petty offense.
Every livestock auction agency shall be provided with inspection and examination to determine evidence of disease in any livestock handled on the premises. Such examination and inspection shall be made by a veterinarian who has been recommended by the livestock auction agency to be examined and inspected and employed by the Animal Industry Board, and with the approval of the veterinarian in charge of the animal disease eradication branch of the United States Department of Agriculture, and at any livestock auction agency which is engaged in the interstate shipment of livestock. Such veterinarian shall be a local veterinarian, or a veterinarian of the vicinity, accredited, capable, and qualified, unless there is no such veterinarian available. If the livestock auction agency fails to recommend such a veterinarian within a reasonable time, the board may after ten days' notice to such agency appoint such a veterinarian. In the event of a temporary absence or in the event that a sale is too large for one veterinarian to properly handle, the veterinarian so employed may employ an assistant who shall be a licensed veterinarian of the State of South Dakota and qualified as above. A violation of this section is a petty offense.
Source:
SDC 1939, §40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, §3; SL 1990, ch 325, §254; SL 1992, ch 158, §91.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-20 - Inspection of livestock by veterinarian--Compensation from fees collected.

40-15-20. Inspection of livestock by veterinarian--Compensation from fees collected.
The veterinarian employed pursuant to §40-15-19 shall inspect and examine all livestock handled on the premises to determine evidence of disease. The veterinarian so employed shall be paid by the Animal Industry Board with ninety percent of the fees collected for such inspection, as provided in §40-15-37.
Source:
SDC 1939, §40.2007; SL 1945, ch 173; SL 1957, ch 203, §3; SL 1970, ch 233, §2; SL 1990, ch 325, §255.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-21 - Testing and treatment required before removal of animal from auction agency.

40-15-21. Testing and treatment required before removal of animal from auction agency.
The Animal Industry Board may require the testing or treatment of any animal before being removed from any auction agency, by methods prescribed by such board, if deemed necessary for protection of the health of livestock within the state.
Source:
SDC 1939, §40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, §3; SL 1990, ch 325, §256.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-22 - Veterinary inspection of premises and equipment--Supervision of cleaning of facilities and vehicles.

40-15-22. Veterinary inspection of premises and equipment--Supervision of cleaning of facilities and vehicles.
The veterinary inspector provided for in §40-15-19 shall examine all premises and equipment used in handling livestock at the agency and shall direct and supervise the cleaning and disinfection of such premises and equipment with the object of maintaining such premises in a sanitary and safe manner to prevent the spread of livestock disease. He shall also supervise the cleaning and disinfection of all vehicles used to transport or otherwise handle livestock delivered to or removed from such agency as may be required from time to time and in a manner prescribed by the Animal Industry Board.
Source:
SDC 1939, §40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, §3; SL 1990, ch 325, §257.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-23 - Inspection in manner prescribed by Animal Industry Board or federal government.

40-15-23. Inspection in manner prescribed by Animal Industry Board or federal government.
The veterinary inspector provided for in §40-15-19 shall perform and report the inspection and examination of livestock in the manner prescribed by the Animal Industry Board or the animal disease eradication branch in all interstate shipments of livestock.
Source:
SDC 1939, §40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, §3; SL 1990, ch 325, §258.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-24 - Veterinary inspector supervised by animal industry board--Discontinuance for failure to perform--Supervising veterinarians.

40-15-24. Veterinary inspector supervised by animal industry board--Discontinuance for failure to perform--Supervising veterinarians.
The service and duties of the veterinary inspector provided for in §40-15-19 shall be under the direction and supervision of the Animal Industry Board, and the inspector shall be discontinued at the agency if he fails to perform the services and duties required of him by the board. The board may employ as many supervising veterinarians as may be deemed necessary to assist in the enforcement of the law relating to livestock auction agencies.
Source:
SDC 1939, §40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, §3; SL 1990, ch 325, §259.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-25 - Auction agency not liable for negligence of inspector--Inspector not agent of agency.

40-15-25. Auction agency not liable for negligence of inspector--Inspector not agent of agency.
No livestock auction agency is liable for the negligent acts of any veterinary inspector, nor may any such veterinary inspector be considered an agent of the livestock auction agency.
Source:
SDC 1939, §40.9926 as added by SL 1957, ch 203, §4; SL 1990, ch 325, §260.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-26 - Responsibility for inspection of livestock before shipment from auction agency--Certificate to comply with requirements at destination.

40-15-26. Responsibility for inspection of livestock before shipment from auction agency--Certificate to comply with requirements at destination.
The livestock auction agency shall ensure that any livestock passing through a livestock auction agency for interstate or intrastate traffic, are inspected, examined, and tested before being removed from the premises as required by the state of destination. Shipment of such livestock shall be covered by such certificate of health as may be required by the state of destination before such livestock is removed from the premises of the auction agency; but if such certificate is made from physical examination only, it shall be issued without charge by the veterinary inspector to the shipper.
Source:
SDC 1939, §40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, §3; SL 1990, ch 325, §261.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-27 - Records of livestock agency--Contents--Violation as petty offense.

40-15-27. Records of livestock agency--Contents--Violation as petty offense.
Every livestock agency shall keep complete records as prescribed by the Animal Industry Board in rules promulgated pursuant to chapter 1-26. Such information may include the names of all persons or organizations bringing to or offering livestock for sale at the agency and a description of the livestock as prescribed by the Animal Industry Board to fulfill the intent of this chapter. A violation of this section is a petty offense. Each violation is a separate offense.
Source:
SDC 1939, §40.2004; SL 1990, ch 325, §262; SL 1992, ch 158, §92; SL 2013, ch 202, §143.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-28 - Records open to inspection--Preservation--Copies furnished.

40-15-28. Records open to inspection--Preservation--Copies furnished.
The records required by §40-15-27 shall be open for inspection at any reasonable time to any person interested as prescribed by the Animal Industry Board in rules promulgated pursuant to chapter 1-26 to fulfill the intent of this chapter. Every livestock auction agency shall keep and preserve all records for at least three years and shall furnish copies thereof to peace officers without charge and to any other person upon payment of reasonable charge for making such copy.
Source:
SDC 1939, §40.2004; SL 1990, ch 325, §263; SL 2013, ch 202, §144.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-29 - Revocation or suspension of license for failure to keep records.

40-15-29. Revocation or suspension of license for failure to keep records.
Failure to comply with any of the provisions of §§40-15-27 and 40-15-28 is cause for revocation or suspension of the agency license as the Animal Industry Board may decide.
Source:
SDC 1939, §40.2004; SL 1990, ch 325, §264.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-30 - Uniform accounting system for agencies.

40-15-30. Uniform accounting system for agencies.
All livestock auction agencies shall maintain a uniform accounting system as prescribed by the Animal Industry Board.
Source:
SDC 1939, §40.2008; SL 1955, ch 141, §2; SL 1990, ch 325, §265.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-31 - Segregation and safeguarding of customers' funds by auction agency--Misuse of funds as felony.

40-15-31. Segregation and safeguarding of customers' funds by auction agency--Misuse of funds as felony.
No livestock auction agency may make such use or disposition of funds in its possession or control as endangers or impairs the faithful and prompt accounting for any payment or such portion thereof as may be due the owner or consignor of livestock or any other person having an interest therein, and to this end shall so handle all such funds as to prevent their being commingled or confused with other accounts or funds of the auction agency kept or used for other purposes. The misuse of such funds, resulting in their loss to the owner or consignor of livestock or any other person having an interest therein, is a Class 5 felony.
Source:
SDC 1939, §40.2003 as added by SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170; SL 1988, ch 325; SL 1990, ch 325, §266.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-31.1 - Electronic auction--Regulation--Licensure.

40-15-31.1. Electronic auction--Regulation--Licensure.
The term, electronic auction, refers to computer-accessible auctions where livestock are bought and sold through public auction. The Animal Industry Board shall regulate electronic auctions. Any livestock auction agency licensed under this chapter may also be licensed to operate electronic auctions of livestock for immediate slaughter if the application and licensure procedures for the electronic auctions are in compliance with §§40-15-1 to 40-15-10, inclusive. The provisions of §§40-15-11, 40-15-12, 40-15-14, 40-15-16, 40-15-21, 40-15-26 to 40-15-34, inclusive, 40-15-35.1, 40-15-36, 40-15-38, and 40-15-39 also apply to electronic auction agencies.
Source:
SL 1997, ch 230, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-31.2 - Electronic auction--Delivery.

40-15-31.2. Electronic auction--Delivery.
Livestock sold by electronic auction not delivered directly from the farm of origin to a United States Department of Agriculture or state inspected slaughter establishment may pass only through a United States Department of Agriculture approved stockyard for all classes of livestock.
Source:
SL 1997, ch 230, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-32 - Revocation or suspension of license for violations--Effect of revocation or suspension.

40-15-32. Revocation or suspension of license for violations--Effect of revocation or suspension.
The Animal Industry Board may revoke or suspend for such time as it deems necessary the license of any livestock auction agency for any violation of the provisions of §40-15-32.1. If a license is revoked, the licensee may not engage in the business authorized by his license for a period of one year. If a license is suspended, the licensee may not, directly or indirectly, operate the agency or the premises on which the agency is located during the period of suspension.
Source:
SL 1988, ch 326, §1; SL 1990, ch 325, §267.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-32.1 - Grounds for revocation, suspension, or refusal to renew license.

40-15-32.1. Grounds for revocation, suspension, or refusal to renew license.
The Animal Industry Board may revoke or may suspend an existing license or may refuse to renew a license if the holder or applicant:
(1)Makes a material false statement in an application for a license or testifies falsely on behalf of such application;
(2)Misuses, withdraws, diverts, or fails to directly deposit custodial funds in the custodial account required by the provisions of the Packers and Stockyards Act of 1921 and §40-15-31;
(3)Has not filed or maintained a surety bond or an equivalent security in the form and amount required under the provisions of §40-15-10;
(4)Has not satisfactorily demonstrated that the current assets of the agency exceed the current liabilities of the agency;
(5)Has been convicted, pled guilty, or pled nolo contendere before any state or federal court to charges of forgery, theft, theft by deception, bribery, embezzlement, theft by threat, conspiracy to defraud or other like offense, or violation of the livestock laws of this state;
(6)Has been suspended by order of the secretary of agriculture of the United States Department of Agriculture under the provisions of the Packers and Stockyards Act of 1921; or
(7)Has failed to comply with the provisions of §40-15-27 or 40-15-28, or willfully falsifies records required under this chapter.
Source:
SL 1988, ch 326, §2; SL 1990, ch 325, §268.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-32.2 - Board authorized to assume control of funds when agency's license revoked.

40-15-32.2. Board authorized to assume control of funds when agency's license revoked.
If a livestock auction agency's license is relinquished, revoked, or suspended by the Animal Industry Board, subject to applicable federal law, the Animal Industry Board may assume control of any account and funds described in §40-15-31, including collection of any deposit items, identification and processing of claims to the funds, and payment of valid claims from the available funds.
Source:
SL 2002, ch 191, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-33 - Appeal to circuit court from revocation or suspension of license.

40-15-33. Appeal to circuit court from revocation or suspension of license.
Any licensee aggrieved at the revocation or suspension of the license may appeal from the decision to the circuit court of this state for the county in which the agency was located, licensed, and operated, at any time within sixty days after notice of such revocation or suspension has been mailed by registered or certified mail to the business address of the agency as shown by its application, license, or other records on file with the Animal Industry Board. The appeal shall be taken by notice of the same stating the substance of the decision appealed from sufficiently to identify the same, copy of which notice shall be served on the animal industry board or by registered or certified mail addressed to the office at Pierre, South Dakota, and by filing the original of such notice and proof of the service thereof with the clerk of the court to which appeal is taken. Thereafter the appeal shall be brought on for hearing and tried upon all issues of law and fact relative thereto under the same procedure as court or equity cases are tried by the court.
Source:
SDC 1939, §40.2009; SL 1990, ch 325, §269.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-34 - Operation of auction agency without license as misdemeanor--Each day as separate offense.

40-15-34. Operation of auction agency without license as misdemeanor--Each day as separate offense.
Any person who operates as a livestock agency without the license required by this chapter or while such license has been suspended is guilty of a Class 2 misdemeanor. Each day of operation constitutes a separate offense.
Source:
SDC 1939, §40.9926 as added by SL 1957, ch 203, §4; SL 1977, ch 190, §493; SL 1990, ch 325, §270.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-35.1 - Animal Industry Board allowed to apply for injunction.

40-15-35.1. Animal Industry Board allowed to apply for injunction.
The Animal Industry Board may apply for an injunction in any court of competent jurisdiction to restrain any violation of chapter 40-15 or 40-16.
Source:
SL 1988, ch 327; SL 1990, ch 325, §271.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-36 - Enforcement of chapter--Orders, rules, and regulations--Publication and posting.

40-15-36. Enforcement of chapter--Orders, rules, and regulations--Publication and posting.
The Animal Industry Board shall enforce the provisions of this chapter and may promulgate rules pursuant to chapter 1-26 concerning:
(1)The licensure of livestock auction agencies;
(2)The requirements for facilities;
(3)The handling of any animal found to be affected with any infectious, contagious, or transmissible disease;
(4)The requirements for inspecting, examining, and testing of livestock passing through a livestock auction agency;
(5)The reporting and record keeping requirements for livestock auction agencies; and
(6)Procedures for the consideration, processing, and payment of claims from bond proceeds and, if a livestock auction agency's license is relinquished, revoked or suspended, procedures for the collection of deposit items, processing of claims to the funds, and payment of valid claims in accordance with §§40-15-10 and 40-15-32.2.
Such rules shall be sent to each licensed auction agency, there to be posted by such agency plainly, visibly, and conspicuously, and with the license on the premises so as to be available to any person using the service of such agency.
Source:
SDC 1939, §40.2010; SL 1986, ch 326, §88; SL 1990, ch 325, §272; SL 2002, ch 191, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-37 - Disposition of fees--Apportionment between disease emergency fund and inspectors fund.

40-15-37. Disposition of fees--Apportionment between disease emergency fund and inspectors fund.
The license and renewal fees and the inspection fees shall be paid by the livestock auction agency to the Animal Industry Board and by it remitted to the state treasurer within thirty days after receipt. The state treasurer shall issue a receipt for the same to the Animal Industry Board.
The state treasurer shall credit ten percent of the amount received to a fund to be known as the livestock disease emergency fund and shall distribute and apply such fund as provided by law. The remaining ninety percent of the amount received shall be credited to a fund to be known as the livestock auction market inspectors fund, all of which shall be distributed and applied by the Animal Industry Board as compensation to the livestock auction market inspectors on a monthly basis.
Source:
SDC 1939, §40.2008; SL 1955, ch 141, §2; SL 1970, ch 233, §3; SL 1990, ch 325, §273.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-38 - Use of livestock disease emergency fund--Authorization by Governor required.

40-15-38. Use of livestock disease emergency fund--Authorization by Governor required.
The Animal Industry Board shall deposit all funds collected by it to the credit of a fund to be known as the livestock disease emergency fund in the Office of the State Treasurer as provided by §40-15-37. The livestock disease emergency fund shall be available for use to the Animal Industry Board only pursuant to determination of the Governor that an emergency exists and an order from the Governor authorizing the use of said funds for the eradication and control of virulent diseases among livestock.
Source:
SDC 1939, §40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, §1; SL 1957, ch 203, §1; SL 1961, ch 204, §2; SL 1990, ch 325, §274.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-39 - "Livestock fraud" defined--Evidence--Felony.

40-15-39."Livestock fraud" defined--Evidence--Felony.
Any person who purchases livestock from a livestock auction agency, as defined in this chapter, with intent to defraud is guilty of livestock fraud. The failure of such purchaser to tender payment in full within four days of the date of purchase, is prima facie evidence of intent to defraud.
Livestock fraud is a Class 4 felony.
Source:
SL 1981, ch 292; SL 1990, ch 325, §275.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-1 - Definition of terms.

40-15A-1. Definition of terms.
Terms used in this chapter mean:
(1)"Animal Industry Board" or "board,' ' the Animal Industry Board of the State of South Dakota;
(2)"Licensed, accredited veterinarian," a veterinarian licensed by the state of livestock shipment origin to practice veterinary medicine within that state and accredited by the federal government for the purpose of issuing interstate certificates;
(3)"Livestock," cattle, sheep, horses, mules, swine, buffalo, and goats;
(4)Deleted by SL 2005, ch 220, §1.
(5)"Livestock dealer," any person engaged in the business of buying, selling, and dealing in livestock from producers or livestock auction markets for resale or shipment within or without the state or for resale in the local market;
(6)Deleted by SL 2005, ch 220, §1.
(7)"Packer," any firm conducting business involved in the slaughter or processing of meat or meat products if the firm is not subject to state inspection;
(8)"Stocker and feeder livestock," any livestock used for feeding or breeding purposes, except feeder pigs.
Source:
SL 1972, ch 221, §1; SL 1975, ch 259, §1; SL 1985, ch 318, §1; SL 1990, ch 325, §276; SL 1991, ch 332, §1; SL 2002, ch 191, §5; SL 2005, ch 220, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-1.1 - License as dealer, packer, or packer buyer required--Violation as misdemeanor.

40-15A-1.1. License as dealer, packer, or packer buyer required--Violation as misdemeanor.
No person may transact business as a livestock dealer, packer, or packer buyer unless the person is licensed pursuant to the provisions of this chapter. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1982, ch 283, §1; SL 1991, ch 186, §13; SL 2003, ch 217, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-2 - Auction agencies, farmers, ranchers, and livestock feeders exempt.

40-15A-2. Auction agencies, farmers, ranchers, and livestock feeders exempt.
This chapter does not apply to persons licensed under chapter 40-15 or to farmers, ranchers, or livestock feeders who buy or sell livestock in the ordinary course of their business.
Source:
SL 1972, ch 221, §2; SL 1990, ch 325, §277.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-3 - Annual application for dealer's, packer's, or packer buyer's license--Contents.

40-15A-3. Annual application for dealer's, packer's, or packer buyer's license--Contents.
Before any person is licensed to transact business as a livestock dealer, packer, or packer buyer, he shall file annually with the Animal Industry Board on or before July first, an application for a license to transact such business on a form prescribed by the board. The application shall contain the following information:
(1)The nature of the business to be conducted by the applicant;
(2)The name of any person applying for license, together with his address and permanent residence;
(3)The full name of each member thereof, if the applicant is a firm, association, or partnership or the names of the officers thereof if the applicant is a corporation;
(4)The post office and principal place of business of the applicant;
(5)If the applicant is a foreign corporation its principal place of business, without the state, the name of the state in which it is incorporated;
(6)A copy of the financial statement showing current assets and current liabilities, as submitted to the bonding company to secure a bond under the terms of this chapter; and
(7)Such other information as the board may prescribe.
Source:
SL 1972, ch 221, §3; SL 1975, ch 259, §2; SL 1982, ch 283, §2; SL 1990, ch 325, §278.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-4 - Fee for license--Duration of license.

40-15A-4. Fee for license--Duration of license.
With the filing of an application for a license, the applicant shall submit to the Animal Industry Board a fee of fifty dollars. If the license is issued, it shall be for a period of one year commencing July first.
Source:
SL 1972, ch 221, §4; SL 1990, ch 325, §279.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-5 - Bond required of dealer, packer or packer buyer--Proof of bond filed under federal law--Exemption for employees of bonded packers--Board as obligee--Promulgation of rules--Violation as misdemeanor.

40-15A-5. Bond required of dealer, packer or packer buyer--Proof of bond filed under federal law--Exemption for employees of bonded packers--Board as obligee--Promulgation of rules--Violation as misdemeanor.
Every livestock dealer, packer or packer buyer applying for a license under this chapter shall file with the animal industry board and maintain a fully executed duplicate of a valid and effective bond in the form and amount to be determined by the board. If the livestock dealer, packer, or packer buyer is registered and bonded under the provisions of an act of Congress cited as the "Packers and Stockyards Act, 1921," adopted August 15, 1921, as amended to January 1, 2002, and codified at 7 U.S.C. Chapter 9, the livestock dealer, packer, or packer buyer shall file a statement in the form prescribed by the board evidencing that the livestock dealer, packer, or packer buyer is maintaining a valid and effective bond or its equivalent under said act. If a packer buyer is in full-time employ of a packer bonded under this section, the packer buyer need not be bonded. The bond shall be for the benefit of all persons sustaining a loss which may be covered by the obligation of the bond. The obligee of the bond shall be the Animal Industry Board with the executive secretary of the board as trustee, with full power and authority to consider claims and pay valid claims from bond proceeds subject to applicable federal law. The Animal Industry Board may promulgate rules, pursuant to chapter 1-26, to establish procedures for the consideration, processing, and payment of claims from bond proceeds in accordance with this section. Any livestock dealer, packer, or packer buyer in violation of this section is guilty of a Class 1 misdemeanor.
Source:
SL 1972, ch 221, §10; SL 1975, ch 259, §3; SL 1990, ch 325, §280; SL 2002, ch 191, §6.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-6 - Time and place for hearing on application--Notice to livestock associations.

40-15A-6. Time and place for hearing on application--Notice to livestock associations.
Whenever an applicant has made proper application and paid the prescribed fee, the Animal Industry Board may fix a reasonable time and place for hearing thereon. The board may cause a copy of such application, together with notice of time and place of hearing thereon, to be served by mail not less than fifteen days prior to such hearing upon all statewide livestock associations in the state who have filed written notice with the Animal Industry Board of a request to receive notice of such hearings and such other livestock associations, as in the opinion of the secretary of the board, would be interested in such application.
Source:
SL 1972, ch 221, §5; SL 1990, ch 325, §281.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-7 - License posted in place of business--Pocket card.

40-15A-7. License posted in place of business--Pocket card.
Each license shall be posted in a conspicuous place in or at the place of business of the licensee for inspection by any person. Each licensee under this chapter shall be issued a pocket card containing the license number of the applicant and his authority as a livestock dealer, packer, or packer buyer. Such card shall be carried and maintained and be displayed upon demand as authority as a licensed livestock dealer, packer, or packer buyer.
Source:
SL 1972, ch 221, §6; SL 1975, ch 259, §4; SL 1990, ch 325, §282.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-8 - Facilities provided by dealer--Unloading and inspection of livestock.

40-15A-8. Facilities provided by dealer--Unloading and inspection of livestock.
Each livestock dealer shall provide facilities where all stocker and feeder livestock purchased or consignments of such dealer shall be unloaded and inspected by a licensed, accredited veterinarian, within forty-eight hours after arrival, before being sold or moved. Each livestock dealer shall provide adequate facilities as determined by the Animal Industry Board.
Source:
SL 1972, ch 221, §11; SL 1990, ch 325, §283.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-8.1 - Partial payment of purchase price at time of sale or delivery--Payment of balance.

40-15A-8.1. Partial payment of purchase price at time of sale or delivery--Payment of balance.
Every licensee under this chapter shall pay, upon request by the seller, eighty percent of the negotiated value of livestock sold at the time of the sale or delivery of the livestock sold, if the term of the sale is on the grade or carcass basis. Thereafter, upon the livestock slaughtered and the determination of the yield and final grade are established, the balance shall be paid on the day following sale determination.
Source:
SL 1975, ch 259, §7; SL 1990, ch 325, §284.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-8.2 - Records required to be kept by licensees.

40-15A-8.2. Records required to be kept by licensees.
The Animal Industry Board may, by rule, require any person licensed pursuant to this chapter to maintain adequate records of all livestock transactions to enable the board to follow the movement of diseased livestock. The licensee shall maintain such records for a period of two years after the transaction and shall make such records available to the board on request.
Source:
SL 1982, ch 283, §3; SL 1990, ch 325, §285.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-9 - Fees credited to general fund.

40-15A-9. Fees credited to general fund.
All fees provided for under this chapter shall be paid into the state treasury and shall be placed in the general fund by the state treasurer.
Source:
SL 1972, ch 221, §7; SL 1990, ch 325, §286.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-10 - Grounds for revocation or refusal of license.

40-15A-10. Grounds for revocation or refusal of license.
The Animal Industry Board shall revoke or refuse to issue or renew a license if the applicant:
(1)Has not filed or maintained a surety bond in the form and amount required under the provisions of §40-15A-5; or
(2)Has not satisfactorily demonstrated that his current assets exceed his current liabilities; or
(3)Has been found by the board to have failed to pay without reasonable cause obligations incurred in connection with livestock transactions; or
(4)Has violated the livestock laws or rules of this state or the laws of the United States; or
(5)Has made false or misleading statements knowingly made as to the health or physical condition of the animals or practiced fraud or misrepresentation in connection with the buying or receiving of animals or the selling, exchanging, soliciting, or negotiating the sale of livestock or the weighing of such animals; or
(6)Has failed to keep and maintain suitable records, which disclose all purchases and sales of livestock or refused, during reasonable time, to allow the board to inspect and to copy any records relating to his business;
(7)Has been suspended by the order of the secretary of agriculture of the United States Department of Agriculture under provisions of the "Packers and Stockyards Act, 1921," adopted August 15, 1921, as amended and codified at 7 U.S.C. Chapter 9; or
(8)Has failed to comply with any lawful order of the board.
Source:
SL 1972, ch 221, §8; SL 1990, ch 325, §287.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15A - Livestock Dealers Packers And Packer Buyers › Section 40-15A-11 - Suspension in lieu of revocation of license--Administrative procedure law governs.

40-15A-11. Suspension in lieu of revocation of license--Administrative procedure law governs.
If the Animal Industry Board finds that any livestock dealer, packer, or packer buyer has violated the provisions of §40-15A-10, the board may, by order, in lieu of revocation, suspend the license of such offender for a period not to exceed one year. Actions of the board relating to licensing hereunder shall be governed and appeals taken therefrom as provided by chapter 1-26.
Source:
SL 1972, ch 221, §9; SL 1975, ch 259, §5; SL 1990, ch 325, §288.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15B - Livestock Packer Transactions › Section 40-15B-1 - Definitions.

40-15B-1. Definitions.
Terms used in §§40-15B-1 to 40-15B-8, inclusive, mean:
(1)"Livestock," live cattle, swine, or sheep;
(2)"Packer," a person who is engaged in the business of slaughtering livestock or receiving, purchasing, or soliciting livestock for slaughtering, the meat products of which are directly or indirectly to be offered for resale or for public consumption. Packer includes an agent of the packer engaged in buying or soliciting livestock for slaughter on behalf of a packer. Packer does not include a cold storage plant or frozen food locker plant.
Source:
SL 1999, ch 204, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15B - Livestock Packer Transactions › Section 40-15B-2 - Price discrimination by packer prohibited--Exemption.

40-15B-2. Price discrimination by packer prohibited--Exemption.
A packer purchasing or soliciting livestock for slaughter in this state may not discriminate in prices paid or offered to be paid to sellers of that livestock. This section does not apply to the sale and purchase of livestock if the following requirements are met:
(1)The price differential is based on the quality of the livestock, if the packer purchases or solicits the livestock based upon a payment method specifying prices paid for criteria relating to carcass merit; actual and quantifiable costs related to transporting and acquiring the livestock by the packer; or an agreement for the delivery of livestock at a specified date or time; and
(2)After making a differential payment to a seller, the packer publishes information relating to the differential pricing, including the payment method for carcass merit, transportation and acquisition pricing, and an offer to enter into an agreement for the delivery of livestock at a specified date or time according to the same terms and conditions offered to other sellers.
Source:
SL 1999, ch 204, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15B - Livestock Packer Transactions › Section 40-15B-3 - Terms and conditions to be uniform.

40-15B-3. Terms and conditions to be uniform.
A packer shall provide all sellers with the same terms and conditions offered to a seller who receives a differential price based on any of the criteria described in §40-15B-2.
Source:
SL 1999, ch 204, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15B - Livestock Packer Transactions › Section 40-15B-4 - Packer to report prices paid.

40-15B-4. Packer to report prices paid.
A packer shall, at the end of each day during which livestock are purchased or contracted, provide to the United States Department of Agriculture, agricultural market service livestock market news branch, and the South Dakota Department of Agriculture and Natural Resources, all prices paid for livestock, both contract and direct purchased, that day.
Source:
SL 1999, ch 204, §4; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15B - Livestock Packer Transactions › Section 40-15B-5 - Agreements in violation of provisions voidable--Violation as fraudulent.

40-15B-5. Agreements in violation of provisions voidable--Violation as fraudulent.
Any agreement made by a packer in violation of §§40-15B-1 to 40-15B-8, inclusive, is voidable. Any packer acting in violation of this section is guilty of a fraudulent practice.
Source:
SL 1999, ch 204, §5.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15B - Livestock Packer Transactions › Section 40-15B-6 - Attorney general to enforce provisions--Action to restrain violation--Civil action--Treble damages.

40-15B-6. Attorney general to enforce provisions--Action to restrain violation--Civil action--Treble damages.
The attorney general shall enforce the provisions of §§40-15B-1 to 40-15B-8, inclusive, and the Department of Agriculture and Natural Resources shall refer any violations of these provisions to the attorney general. The attorney general or any person injured by a violation of these provisions may bring an action in circuit court to restrain a packer from violating these provisions. A seller who receives a discriminatory price or who is offered only a discriminatory price for livestock based upon a violation of these provisions by a packer has a civil cause of action against the packer and, if successful, shall be awarded treble damages.
Source: SL 1999, ch 204, §6; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.