reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15B - Livestock Packer Transactions › Section 40-15B-7 - Packer to make available daily report of prices paid--Forms--Seller's identity not to be revealed--Penalties for violation.

40-15B-7. Packer to make available daily report of prices paid--Forms--Seller's identity not to be revealed--Penalties for violation.
Any packer shall make available for publication and to the Department of Agriculture and Natural Resources, a daily report setting forth information regarding prices paid for livestock, under each contract in force, in which the packer and a South Dakota resident are parties for the purchase of the livestock by the packer, and which sets a date for delivery more than twenty days after the making of the contract.
The reports shall be completed on forms prepared by the department for comparison with cash market prices for livestock according to procedures required by the department in rules promulgated pursuant to chapter 1-26. The report may not include information regarding the identity of a seller.
A failure of a packer to report as required by this section is punishable by a civil penalty not to exceed one thousand dollars for each day that a timely or truthful report is not published. The department shall refer to the attorney general any packer or packer's agent who the department believes is in violation of the provisions of §§40-15B-1 to 40-15B-8, inclusive. The attorney general may, upon referral from the department, file an action in circuit court to enforce these provisions.
Source: SL 1999, ch 204, §7; 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-8 - Certain acts by packers prohibited.

40-15B-8. Certain acts by packers prohibited.
No packer, with respect to livestock, meats, meat food products, or livestock products in unmanufactured form, and no live poultry dealer with respect to live poultry, may:
(1)Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device;
(2)Make or give any undue or unreasonable preference or advantage to any particular person or locality in any respect whatsoever, or subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever;
(3)Sell or otherwise transfer to or for any other packer or any live poultry dealer, or buy or otherwise receive from or for any other packer or any live poultry dealer, any article for the purpose or with the effect of apportioning the supply between any such persons, if the apportionment has the tendency or effect of restraining commerce or of creating a monopoly;
(4)Sell or otherwise transfer to or for any other person, or buy or otherwise receive from or for any other person, any article for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce;
(5)Engage in any course of business or do any act for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce;
(6)Conspire, combine, agree, or arrange with any other person to apportion territory for carrying on business, or to apportion purchases or sales of any article, or to manipulate or control prices; or
(7)Conspire, combine, agree, or arrange with any other person to do, or aid and abet the doing of, any act made unlawful by subdivisions (1) to (5), inclusive, of this section.
Source:
SL 1999, ch 205, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 17 - Rendering And Pet Food Processing Plants › Section 40-17-1 - License required for rendering and pet food processing plant--Violation as misdemeanor.

40-17-1. License required for rendering and pet food processing plant--Violation as misdemeanor.
No person may operate a rendering or pet food processing plant, to which carcasses of domestic animals which are not intended for human consumption are brought or delivered, without a license. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §40.1101; SL 1977, ch 190, §501; SL 1986, ch 340, §1; SL 1990, ch 325, §306; SL 1991, ch 186, §16.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 17 - Rendering And Pet Food Processing Plants › Section 40-17-2 - Application for rendering or pet food processing plant license.

40-17-2. Application for rendering or pet food processing plant license.
Any person who operates a rendering or pet food processing plant within the State of South Dakota shall file with the Animal Industry Board an application for a license to operate subject to the provisions of this chapter and the rules of the Animal Industry Board.
Source:
SDC 1939, §40.1102; SL 1986, ch 340, §2; SL 1990, ch 325, §307.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 17 - Rendering And Pet Food Processing Plants › Section 40-17-3 - Inspection of equipment, vehicles and place of business on application for license.

40-17-3. Inspection of equipment, vehicles and place of business on application for license.
Upon the receipt of an application pursuant to §40-17-2, the Animal Industry Board shall inspect any establishment for which license is requested, including its equipment, vehicles, and manner of the conduct of its business with reference and due regard to the dangers of disease transmission and dissemination.
Source:
SDC 1939, §40.1103; SL 1990, ch 325, §308.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 17 - Rendering And Pet Food Processing Plants › Section 40-17-4 - Issuance of license--Fee--Duration.

40-17-4. Issuance of license--Fee--Duration.
If the inspection required by §40-17-3 fails to reveal any danger of disease transmission, the Animal Industry Board shall issue the license applied for upon payment of a fee of twenty-five dollars. Such license shall remain valid for a period of one year from the date of issue or until sooner revoked for cause by the board.
Source:
SDC 1939, §40.1103; SL 1990, ch 325, §309.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 17 - Rendering And Pet Food Processing Plants › Section 40-17-5 - Acceptance of carcasses transported by others prohibited.

40-17-5. Acceptance of carcasses transported by others prohibited.
No rendering or pet food processing plant may receive or accept a carcass of a diseased animal which has been transported to the plant by any person other than the authorized agents and employees of the rendering or pet food processing plant.
Source:
SDC 1939, §40.1105; SL 1977, ch 190, §502; SL 1986, ch 340, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 17 - Rendering And Pet Food Processing Plants › Section 40-17-6 - Licensed establishment's authority to transport diseased carcasses on highway.

40-17-6. Licensed establishment's authority to transport diseased carcasses on highway.
A rendering or pet food processing plant, licensed under the provisions of this chapter, may transport over any public highway the carcasses of domestic animals which have died of disease, subject to the conditions and limitations set forth in §§40-17-7 to 40-17-9, inclusive.
Source:
SDC 1939, §40.1104; SL 1986, ch 340, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 17 - Rendering And Pet Food Processing Plants › Section 40-17-7 - Construction and covering of containers and vehicles used to transport carcasses.

40-17-7. Construction and covering of containers and vehicles used to transport carcasses.
For the purpose of transportation of carcasses pursuant to §40-17-6, the carcasses shall be placed in containers or vehicles which are constructed of, or lined with, impervious material, and which do not permit the escape of any liquid and which are covered in such a way that the contents are not accessible to flies or other insects.
Source:
SDC 1939, §40.1104 (1); SL 1990, ch 325, §310.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 17 - Rendering And Pet Food Processing Plants › Section 40-17-8 - Disinfection of exterior of vehicle before use of highway.

40-17-8. Disinfection of exterior of vehicle before use of highway.
Upon leaving the premises where any carcass being transported pursuant to §40-17-6 is found and before entering the public highway, the exterior of the vehicle transporting the carcass shall be disinfected in a manner prescribed by the Animal Industry Board.
Source:
SDC 1939, §40.1104 (3); SL 1990, ch 325, §311.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 17 - Rendering And Pet Food Processing Plants › Section 40-17-9 - Disinfection of containers and vehicles before leaving rendering establishment.

40-17-9. Disinfection of containers and vehicles before leaving rendering establishment.
Containers and vehicles used in the transportation of carcasses pursuant to §40-17-6 shall be disinfected, in a manner prescribed by the Animal Industry Board, each time before leaving the establishment named in the license.
Source:
SDC 1939, §40.1104 (2); SL 1990, ch 325, §312.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 17 - Rendering And Pet Food Processing Plants › Section 40-17-9.1 - Adoption of rules to implement this chapter.

40-17-9.1. Adoption of rules to implement this chapter.
For the purpose of implementing this chapter, the Animal Industry Board may adopt reasonable rules:
(1)Establishing the application requirements for a rendering or pet food processing plant license;
(2)Establishing requirements for the transportation, processing, and disposal of carcasses;
(3)Establishing and assuring licensee compliance with operating and sanitation standards for all plant facilities, including vehicles used for the transportation of carcasses;
(4)Establishing plant management and record keeping requirements;
(5)Establishing the procedure to be followed when the State Animal Industry Board refuses to issue or revokes a license and the procedure for appealing a board decision; and
(6)Governing reciprocal agreements between this state and other states regarding the licensing and operation of rendering and pet food processing plants.
The rules shall be promulgated in accordance with chapter 1-26.
Source:
SL 1986, ch 340, §5; SL 1990, ch 325, §313.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-1 - Composition of board--Nomination and appointment of members.

40-18-1. Composition of board--Nomination and appointment of members.
The State Brand Board shall consist of five members appointed by the Governor and confirmed by the Senate. Statewide nonprofit agricultural organizations or other interested persons, may submit nominations to the Governor.
Source:
SDC 1939, §40.1201; SL 1943, ch 142, §1; SL 1949, ch 144, §1; SL 1951, ch 198; SL 1976, ch 252, §1; SL 1988, ch 328, §2; SL 2004, ch 259, §1, eff. Mar. 16, 2003; SL 2009, ch 202, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-1.1 - Board attached to Department of Agriculture and Natural Resources for reporting--Function retained--Appointment of staff director.

40-18-1.1. Board attached to Department of Agriculture and Natural Resources for reporting--Function retained--Appointment of staff director.
The board is attached to the Department of Agriculture and Natural Resources 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.
Source: SL 1973, ch 2, §37; SL 1974, ch 3, §14; SL 1977, ch 321, §3; SL 1988, ch 328, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-2 - Qualification of board members.

40-18-2. Qualification of board members.
At least three of the five 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 holding an elective or appointive state or federal office. No more than three of the members shall be of any one political party.
Source:
SDC 1939, §40.1201 as added by SL 1943, ch 142, §1; SL 1949, ch 144, §1; SL 1951, ch 198; SL 1973, ch 2, §38; SL 1976, ch 252, §2; SL 1988, ch 328, §4; SL 2004, ch 259, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-3 - Terms of appointment to board--Vacancies.

40-18-3. Terms of appointment to board--Vacancies.
Appointments to the board shall be made for terms of three years expiring on the first Monday in January in each year. In case of vacancy prior to expiration of a term, appointment shall be made for the balance of the unexpired term only. However, the initial appointments to be made pursuant to SL 2004, ch 259 shall be made for staggered terms of one, two, two, three, and three years.
Source:
SDC 1939, §40.1201; SL 1943, ch 142, §1; SL 1949, ch 144, §1; SL 1951, ch 198; SL 1976, ch 252, §3; SL 1988, ch 328, §5; SL 2004, ch 259, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-5 - Quorum of board--Vote required for action.

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.
Source:
SDC 1939, §40.1201 as added by SL 1943, ch 142, §1; SL 1949, ch 144, §1; SL 1951, ch 198; SL 1976, ch 252, §4; SL 1988, ch 328, §6.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-6 - Office of board.

40-18-6. Office of board.
The board shall maintain an office in Pierre.
Source:
SDC 1939, §40.1201; SL 1943, ch 142, §1; SL 1949, ch 144, §1; SL 1951, ch 198; SL 1988, ch 328, §7.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-7 - President and vice president of board.

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.
Source:
SL 1943, ch 142, §2; SDC Supp 1960, §40.1201-1; SL 1988, ch 328, §8.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-8 - General duties of staff director--Call of meetings.

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.
Source:
SL 1943, ch 142, §4; SL 1947, ch 179; SDC Supp 1960, §40.1201-2; SL 1967, ch 158; SL 1969, ch 167, §1; SL 1988, ch 328, §9.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-9 - Employment of other persons by board--Compensation--Expenditures.

40-18-9. Employment of other persons by board--Compensation--Expenditures.
The board may, pursuant to chapter 3-6D, employ persons as the board deems necessary to properly carry out the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29, under the supervision and control of the board. The board may fix the salaries and compensation of the persons employed and may make expenditures as necessary to carry out the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29.
Source:
SL 1943, ch 142, §4; SL 1947, ch 179; SDC Supp 1960, §40.1201-2; SL 1967, ch 158; SL 1988, ch 328, §10; SL 2018, ch 12, §22.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-10 - Designation of private or nonprofit corporation for provision of ownership inspection--Terms of contract.

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.
Source:
SL 1943, ch 142, §4; SL 1947, ch 179; SDC Supp 1960, §40.1201-2; SL 1967, ch 158; SL 1969, ch 167, §2; SL 1977, ch 321, §4; SL 1982, ch 18, §137; SL 1988, ch 328, §11.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-10.1 - Agreements with other states for livestock ownership inspection.

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.
Source:
SL 1943, ch 142, §5; SDC Supp 1960, §40.1201-3; SL 1988, ch 328, §12.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-11 - Bond required of custodian of board funds.

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.
Source:
SDC 1939, §§40.1201, 40.1203; SL 1943, ch 142, §1; SL 1949, ch 144, §1; SL 1951, ch 198; SL 1988, ch 328, §13.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-12 - Seal of 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.
Source:
SDC 1939, §40.1202; SL 1988, ch 328, §14.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-13 - Administration of marking and branding laws.

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.
Source:
SDC 1939, §§40.1201, 40.1203; SL 1943, ch 142, §1; SL 1949, ch 144, §1; SL 1951, ch 198; SL 1988, ch 328, §15.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-14 - Employment of law enforcement officers--Enforcement of marking and branding laws--Hiring of additional inspectors.

40-18-14. Employment of law enforcement officers--Enforcement of marking and branding laws--Hiring of additional inspectors.
The board may employ four certified law enforcement officers for the purpose of enforcing the provisions of chapters 40-19 to 40-22, inclusive, and chapter 40-29. This section does not restrict the board from hiring inspectors, who are not law enforcement officers.
Source:
SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1969, ch 167, § 3; SL 1977, ch 321, § 5; SL 1984, ch 269, § 1; SL 1988, ch 328, § 16; SL 2011, ch 1 (Ex. Ord. 11-1), § 160, eff. Apr. 12, 2011; SL 2020, ch 178, § 2, eff. Mar. 9, 2020.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-15 - Ownership inspection on transportation of livestock.

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.
Source:
SL 1943, ch 142, §2; SDC Supp 1960, §40.1201-1; SL 1988, ch 328, §17.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-16 - Promulgation of rules.

40-18-16. Promulgation of rules.
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 fifty dollars;
(4)Establish a brand renewal fee not to exceed eighteen dollars per year or a brand renewal fee not to exceed ninety dollars for each five-year ownership period and a brand transfer fee not to exceed fifty dollars;
(5)Establish an ownership inspection fee not to exceed one dollar 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 twenty dollars;
(9)Establish a mileage fee for inspectors not to exceed the rate set by the State Board of Finance;
(10)Establish an inspection fee for livestock located outside the ownership inspection area not to exceed one dollar for each head of livestock; and
(11)Establish a brand registration application fee not to exceed fifty dollars.
Source:
SL 1943, ch 142, §6; SDC Supp 1960, §40.1201-4; SL 1974, ch 272, §1; SL 1982, ch 18, §138; SL 1988, ch 328, §18; SL 1991, ch 334; SL 1992, ch 288, §1; SL 1993, ch 307, §1; SL 1999, ch 207, §1; SL 1999, ch 208; SL 2008, ch 212, §1; SL 2018, ch 247, §2; SL 2019, ch 183, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-17 - Board to provide for brand registration, livestock inspection, and enforcement of laws.

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.
Source:
SL 1999, ch 206, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-18 - Annual report to Senate and House committees.

40-18-18. Annual report to Senate and House committees.
The State Brand Board shall make an annual report to the Senate and House Committees on Agriculture and Natural Resources and to the Senate and House Government Operations and Audit Committees. The report shall describe and document the activities of the board for the previous calendar year and shall include the following:
(1)The number and type of livestock that have been inspected during the previous calendar year under the auspices of the board;
(2)The amount collected in inspection fees for the previous calendar year;
(3)The number and type of livestock that have been reported lost or stolen during the previous calendar year;
(4)The number and type of livestock that were placed on hold status pursuant to §40-21-12 during the previous calendar year if the hold status was not resolved at the livestock auction market and if the hold status was reported to the Brand Board office by the livestock auction market, and the disposition of such cases;
(5)An accounting for any money paid to owners of livestock that had been placed on hold status;
(6)An accounting for livestock for which ownership is not established and for any money associated with such livestock that is placed in the livestock ownership inspection and theft prevention fund pursuant to §40-21-17;
(7)The number of investigations conducted and the number of convictions obtained;
(8)Other information requested by the committee or other information that the board deems appropriate to provide to the committee.
The report is due, in writing, for delivery to the committees not later than the first day of the annual legislative session. Each committee may also require the board to present the report in person at a meeting of the committee held during the legislative session.
Source:
SL 2009, ch 202, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 18 - State Brand Board › Section 40-18-19 - Arrest for violation of chapters 40-19 to 40-22 or 40-29--Promise to appear--Bond--Violation as misdemeanor.

40-18-19. Arrest for violation of chapters 40-19 to 40-22 or 40-29--Promise to appear--Bond--Violation as misdemeanor.
If a resident of this state is arrested for a violation of any provision of chapters 40-19 to 40-22, inclusive, or any provision of chapter 40-29, punishable as a misdemeanor, the arresting officer shall take the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the person from custody upon receiving from the person a written promise to appear at the time and place designated by the officer. A nonresident arrested for a violation of chapters 40-19 to 40-22, inclusive, or any provision of chapter 40-29, punishable as a misdemeanor, may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
The officer shall utilize a uniform form approved by the attorney general for complaints and summons regarding a violation of any provision of chapters 40-19 to 40-22, inclusive, or the provisions of chapter 40-29, punishable as a misdemeanor.
Source:
SL 2014, ch 195, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-1 - Use of unregistered brand as misdemeanor.

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.
Source:
SDC 1939, §§40.1208, 40.9910; SL 1951, ch 199, §1; SL 1977, ch 190, §504; SL 1984, ch 269, §2; SL 1992, ch 288, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-2 - Exclusive right to use brand after registration.

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.
Source:
SDC 1939, §40.1204; SL 1984, ch 269, §3; SL 1988, ch 328, §19.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-2.1 - Placement of brand.

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.
Source:
SL 1987, ch 296, §1; SL 1988, ch 328, §20.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-3 - Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep.

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 sheep brand, regardless of position, is only recordable in a different color on the same location.
Source:
SDC 1939, §40.1208; SL 1951, ch 199, §1; SL 1984, ch 269, §4; SL 1987, ch 296, §2; SL 1988, ch 328, §21; SL 1998, ch 251, §1; SL 2002, ch 190, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-4 - Filing of application for brand--Facsimile included.

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.
Source:
SDC 1939, §40.1205; SL 1949, ch 145, §1; SL 1967, ch 159; SL 1988, ch 328, §22; SL 1999, ch 206, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-5 - Application form--Notice if brand recordable--Fees.

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.
Source:
SDC 1939, §40.1205; SL 1949, ch 145, §1; SL 1967, ch 159; SL 1988, ch 328, §23; SL 1999, ch 206, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-6 - Registration of brand--Certificate of 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.
Source:
SDC 1939, §40.1206; SL 1988, ch 328, §24; SL 1999, ch 206, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-7 - Rejection of brands by board--Grounds--Composition of brands--Location on animal as part of brand.

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 and no more than three letters, numbers, or symbols, except for sheep. Only the following may 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, cross, triangle, or slash;
(4)Character brands that were cancelled by the board for nonrenewal, but only if registered by the person who owned the brand at the time it was cancelled, or if the person is deceased, by the spouse or by the lineal descendants of the person.
Any brand that is similar to any previously registered brand or that in the board's determination could be changed to resemble a previously registered brand may be rejected. Location of a brand on an animal is 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.
Source:
SDC 1939, §40.1209; SL 1951, ch 199, §2; SL 1984, ch 269, §5; SL 1988, ch 328, §25; SL 2006, ch 212, §1; SL 2007, ch 234, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-9 - Rejection of brand adding symbol to existing brand--Exception.

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.
Source:
SDC 1939, §40.1212; SL 1988, ch 328, §27.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-10.1 - Permit required for cattle branded with out-of-state brand--Cattle purchased for export--Violation as misdemeanor.

40-19-10.1. Permit required for cattle branded with out-of-state brand--Cattle purchased for export--Violation as misdemeanor.
No person may bring cattle branded with a brand registered in another state into the ownership inspection area for grazing or feeding purposes without a permit authorized by the board. If the brand is a duplicate of or conflicts with a brand issued pursuant to this chapter, a permit may only be issued at the discretion of the board. No permit is required if the cattle are rebranded with a brand registered pursuant to this chapter. The application for a permit shall be on a form approved by the board and shall be signed by the owner of the cattle. Any calves born to cattle which are subject to the permit may be branded with the out-of-state brand upon prior written notice to the board. The calves shall be added to the permit. No cattle or calves subject to the permit may be removed from the ownership inspection area, sold, or slaughtered without an ownership inspection.
No person may brand any cattle imported into or purchased within the ownership inspection area for feeding purposes with a brand registered in another state without a permit authorized by the board. No permit may be issued if the brand is a duplicate of or conflicts with a brand issued pursuant to this chapter. The application for a permit shall be signed by the owner of the cattle. No cattle subject to the permit may be removed from the ownership inspection area, sold, or slaughtered without an ownership inspection.
Cattle purchased at a licensed livestock auction market in the ownership inspection area may be branded with the owner's out-of-state brand if the cattle are branded at the market, are purchased for export from the state within two calendar days of purchase, and an authorization form is obtained from the board prior to branding the cattle.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 2006, ch 213, §1; SL 2009, ch 203, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-11 - Registration of brands approved--Preservation of applications on certificates--Registration and renewal fees.

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 §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 §40-18-16.
Source:
SDC 1939, §§40.1206, 40.1207; SL 1949, ch 145, §2; SL 1964, ch 113; SL 1967, ch 160; SL 1975, ch 260, §1; SL 1986, ch 341, §1; SL 1988, ch 328, §29.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-12 - Five-year renewal of brands--Renewal fee.

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 §40-18-16.
Source:
SDC 1939, §40.1207 as added by SL 1949, ch 145, §2; SL 1964, ch 113; SL 1967, ch 160; SL 1975, ch 260, §2; SL 1986, ch 341, §2; SL 1988, ch 328, §30.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-13 - Abandonment of brand by failure to renew.

40-19-13. Abandonment of brand by failure to renew.
Any registered brand which is not renewed within one hundred twenty days after January first as provided for in §40-19-12 is deemed abandoned by its owner, is canceled, and may not be renewed.
Source:
SDC 1939, §40.1214; SL 1949, ch 145, §3; SL 1967, ch 161; SL 1972, ch 217, §1; SL 1986, ch 341, §3; SL 1988, ch 328, §31; SL 1997, ch 231, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-13.1 - Cancellation of certificate paid for with bad check.

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.
Source:
SL 1990, ch 326, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-14 - Rerecording of cancelled brand by previous owner.

40-19-14. Rerecording of cancelled brand by previous owner.
During the first two years following the current brand ownership period, only the previous owner may apply for a brand canceled under §40-19-13. If the brand is recordable, the previous owner may register the brand by paying the registration fee and a two hundred dollar rerecord fee. If the brand was registered before cancellation, the brand is recordable and the previous owner may register the brand by paying the registration fee and a two hundred dollar rerecord fee. During the two years following the current brand 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 before becoming aware of the cancellation.
Source:
SDC 1939, §40.1214 as added by SL 1967, ch 161; SL 1972, ch 217, §2; SL 1986, ch 341, §4; SL 1988, ch 328, §32; SL 1991, ch 24, §13; SL 1992, ch 288, §4; SL 1997, ch 231, §2; SL 2006, ch 214, §1; SL 2019, ch 183, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-16 - Replacement of lost or destroyed certificate--Affidavit--Fee.

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 §40-18-16.
Source:
SDC 1939, §§40.1207, 40.1215; SL 1949, ch 145, §2; SL 1949, ch 146; SL 1964, ch 113; SL 1967, ch 160; SL 1975, ch 260, §4; SL 1986, ch 341, §6; SL 1988, ch 328, §34.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-17 - Cancellation of brand conflicting with previous brand.

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.
Source:
SDC 1939, §40.1210; SL 1965, ch 168; SL 1988, ch 328, §35.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-18 - Cancellation of brand used for felony or theft.

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.
Source:
SDC 1939, §40.1210 as added by SL 1965, ch 168; SL 1984, ch 269, §6; SL 1988, ch 328, §36.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-19 - Replacement brand for canceled brand--Application--No assessment of fee.

40-19-19. Replacement brand for canceled brand--Application--No assessment of fee.
If a brand is canceled as provided in §40-19-17, the owner of the brand may select a replacement brand that does not conflict with any other brands of record. The owner may apply for a replacement brand as though he is applying for a new brand except that no new brand fee may be assessed for the brands.
Source:
SDC 1939, §40.1210; SL 1965, ch 168; SL 1984, ch 269, §7.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 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.

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.
Source:
SDC 1939, §40.1211; SL 1943, ch 143; SL 1977, ch 190, §505; SL 1988, ch 328, §37; SL 1991, ch 24, §14.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-21 - Unlawful use of brand as 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.
Source:
SDC 1939, §40.9912; SL 1967, ch 169; SL 1977, ch 190, §506; SL 1984, ch 269, §8; SL 1988, ch 328, §38.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-22 - Fees paid into brand fund--Purposes for which used.

40-19-22. Fees paid into brand fund--Purposes for which used.
Fees required by §§40-19-11, 40-19-12, 40-19-15, and 40-19-16 shall be collected by the board and be paid into the state treasury to the credit of the brand fund, which fund shall not at any time revert to the general fund of the state or be diverted to any other purposes than those stated in this chapter, or chapters 40-20 and 40-21.
Source:
SDC 1939, §40.1207; SL 1949, ch 145, §2; SL 1964, ch 113; SL 1967, ch 160; SL 1988, ch 328, §39.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-23 - Administrative expenses paid from brand fund--Vouchers and warrants--Publication and sale of brand books and supplements.

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.
Source:
SDC 1939, §40.1218; SL 1949, ch 145, §4; SL 1953, ch 212; SL 1988, ch 328, §40.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-23.1 - Brand board activities.

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.
Source:
SL 1990, ch 327, §§1, 2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-24 - Registered brand as prima facie evidence of ownership--Copy of register as proof of brand.

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.
Source:
SDC 1939, §40.1216; SL 1988, ch 328, §41.