reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-25 - Misuse or alteration of brand as felony.

40-19-25. Misuse or alteration of brand as felony.
Any person who, with intent to defraud, brands or marks any cattle, horse, sheep, buffalo, or mule, not his own; intentionally brands over a previous brand or in any manner alters, defaces, or obliterates a previous brand; or cuts out or obliterates a previous brand on any cattle, horse, sheep, buffalo, or mule is guilty of a Class 5 felony.
Source:
SDC 1939, §40.9911; SL 1967, ch 168; SL 1977, ch 190, §507; SL 1984, ch 269, §9; SL 1988, ch 328, §42.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 19 - Brand Registration And Use › Section 40-19-26 - Property rights unimpaired.

40-19-26. Property rights unimpaired.
Nothing in this chapter shall be so construed as in any manner to impair the property rights of any owner of livestock in this state.
Source:
SDC 1939, §40.1217.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-1 - Counties included in inspection area.

40-20-1. Counties included in inspection area.
The South Dakota livestock ownership inspection area consists of all of that part of the State of South Dakota lying within the following counties: Harding, Butte, Lawrence, Pennington, Custer, Fall River, Perkins, Meade, Oglala Lakota, Corson, Dewey, Ziebach, Haakon, Stanley, Jackson, Jones, Mellette, Bennett, Todd, Lyman, Tripp, and Gregory.
Source:
SL 1943, ch 142, §3; SDC Supp 1960, §40.12A01; SL 1967, ch 162; SL 1982, ch 284, §1; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-2 - Petition for addition of county contiguous to ownership inspection area--Discretion of board--Minimum area added.

40-20-2. Petition for addition of county contiguous to ownership inspection area--Discretion of board--Minimum area added.
Any county contiguous to the livestock ownership inspection area may become a part of such area upon a petition signed by a majority of the owners of livestock residing within such county to be attached, which shall be presented to the board. The board shall, in its discretion, either reject or approve such petition at its next regular or special meeting. No area in the brand inspection area may be smaller than a county.
Source:
SL 1943, ch 142, §3; SDC Supp 1960, §40.12A01; SL 1963, ch 239, §2; SL 1967, ch 162; SL 1988, ch 328, §43.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-3 - Withdrawal of county from inspection area by petition--Minimum area withdrawing.

40-20-3. Withdrawal of county from inspection area by petition--Minimum area withdrawing.
Any county which has become a part of the livestock inspection area by petition and which adjoins a noninspection area may withdraw from the inspection area by a petition requesting withdrawal. The petition shall be signed by a majority of the owners of livestock in the county seeking withdrawal. The petition shall be filed with the board. The board shall at its next regular or special meeting enter a resolution approving the withdrawal, which action removes the county described in the petition from the ownership inspection area. No area seeking withdrawal may be smaller than a county.
Source:
SDC Supp 1960, §40.12A01 as added by SL 1961, ch 202; SL 1963, ch 239, §1; SL 1984, ch 269, §11; SL 1988, ch 328, §44.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-4 - Inspection and certificate required for removal of livestock from ownership inspection area--Violation as misdemeanor--Impoundment--Venue.

40-20-4. Inspection and certificate required for removal of livestock from ownership inspection area--Violation as misdemeanor--Impoundment--Venue.
Except as provided in this chapter, it is a Class 1 misdemeanor for any person to remove or authorize the removal of any livestock from any point within the livestock ownership inspection area to any point within one mile of the border with a destination outside the ownership inspection area unless the livestock have first been inspected for ownership and unless the shipper possesses the local inspection certificate, market clearance, shippers permit, or such other form of authorization as may be required by the board. Except as provided in §40-20-29, a local inspection certificate is valid for transportation of livestock out of the inspection area for twenty-four hours after the time of the inspection as noted on the inspection certificate. If there is no valid local inspection certificate, the livestock shall be inspected before leaving the inspection area. Livestock being removed from the ownership inspection area without authorization from the board may be impounded by any law enforcement officer until the livestock are inspected for ownership by an authorized brand inspector. The venue of any offense under this section is in the county where such livestock were loaded or in any county through which the livestock were transported or trailed. Any livestock being transported to a destination outside the ownership inspection area shall be inspected for ownership if they cease to be in the custody of the carrier at any time prior to leaving the ownership inspection area. Any livestock shipper within the livestock ownership inspection area wanting livestock inspected as provided in this section shall notify an inspector in advance of the inspection and allow the inspector reasonable time to provide the inspection.
Source:
SL 1943, ch 142, §8; SL 1945, ch 172, §2; SL 1949, ch 144, §2; SDC Supp 1960, §40.12A03; SL 1967, ch 163; SL 1972, ch 219, §1; SL 1977, ch 190, §508; SL 1984, ch 269, §12; SL 1986, ch 342, §1; SL 1988, ch 328, §45; SL 1991, ch 335, §1; SL 1992, ch 288, §8; SL 2008, ch 213, §1; SL 2012, ch 200, §1; SL 2015, ch 208, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-4.1 - Permit to move livestock from area--Duration of permit--Fee--Permit to transport horses and mules.

40-20-4.1. Permit to move livestock from area--Duration of permit--Fee--Permit to transport horses and mules.
Notwithstanding the provisions of §40-20-4, an owner of any livestock who wishes to move the livestock out of the ownership inspection area for any purpose other than sale or trade of the livestock may obtain a written permit from the board for movement of the livestock. The written permit shall remain in effect for the life of the livestock described, or for a specific term, and it is void if the livestock changes ownership. The fee for the permit shall be established by rules promulgated pursuant to chapter 1-26. The permit fee includes the costs of any inspection and the fee imposed under the provisions of §40-18-16. A permit for the transportation of horses and mules may be authorized by the board pursuant to §40-18-16.
Source:
SDCL, §40-20-4 as added by SL 1972, ch 219, §1; SL 1985, ch 319, §1; SL 1988, ch 328, §46.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-4.2 - Inspection of livestock while in or on conveyance as misdemeanor.

40-20-4.2. Inspection of livestock while in or on conveyance as misdemeanor.
It is a Class 1 misdemeanor to make an inspection of livestock while the livestock are loaded in or on any conveyance. The inspector shall tally the livestock according to the number of head, sex, and brands.
Source:
SL 1987, ch 297, §1; SL 1991, ch 186, §17.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-4.3 - Inspector prohibited from inspecting own livestock--Violation as misdemeanor.

40-20-4.3. Inspector prohibited from inspecting own livestock--Violation as misdemeanor.
It is a Class 1 misdemeanor for an inspector to inspect livestock or issue shipper's agreements for livestock owned by himself.
Source:
SL 1987, ch 297, §2; SL 1988, ch 328, §47; SL 1991, ch 186, §18.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-4.4 - Rodeo livestock--Alternative brand inspection procedures.

40-20-4.4. Rodeo livestock--Alternative brand inspection procedures.
If livestock owned by and bearing the registered brand of a bona fide rodeo producer are being transported out of the livestock ownership inspection area by the owner for rodeo purposes and there is no change of ownership, the inspection certificate required by §40-20-4 may be endorsed, as to the purpose and extent of transportation, by the inspector issuing the certificate in order to serve as a travel permit for the livestock described in the certificate. The endorsement is effective for twelve months from the date of the endorsement. The endorsement shall be issued by an authorized livestock inspector of the Brand Board. The Brand Board shall promulgate rules pursuant to chapter 1-26 to specify criteria to be used to identify and verify ownership of the livestock. The rules shall include a requirement that other means of permanent, individual identification of the livestock, including tattoos, number brands, or photographs, be provided in addition to the registered brand. The rules shall also establish an annual fee for issuance of the endorsement authorized in this section and provide for collection of the fee. The fee may not exceed one hundred dollars per year.
Source:
SL 2013, ch 203, §1; SL 2015, ch 209, §1, eff. Mar. 10, 2015.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-5 - Livestock ownership inspection area dividing ranch--Movement of livestock without inspection.

40-20-5. Livestock ownership inspection area dividing ranch--Movement of livestock without inspection.
If the border of the livestock ownership inspection area of South Dakota divides any ranch or farm, written permission may be given by the board to the owner or lessee of the ranch or farm to trail livestock out of the South Dakota inspection area for grazing purposes without inspection. The border of the South Dakota inspection area shall be contiguous to an inspection area of an adjacent state. The board may cancel such permission at any time subject to the provisions of chapter 1-26.
Source:
SL 1943, ch 142, §8; SL 1945, ch 172, §2; SL 1949, ch 144, §2; SDC Supp 1960, §40.12A03; SL 1967, ch 163; SL 1984, ch 269, §13; SL 1988, ch 328, §48.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-6 - Ownership inspection not required for transportation or trailing to open market.

40-20-6. Ownership inspection not required for transportation or trailing to open market.
Subject to the conditions set forth in §§40-20-7 to 40-20-12, inclusive, if livestock is transported or trailed to a designated inspection point outside the livestock ownership inspection area designated by the board as an open market, no livestock ownership inspection is required at point of origin.
Source:
SL 1943, ch 142, §9; SL 1949, ch 144, §3; SL 1949, ch 149, §1; SL 1951, ch 202; SDC Supp 1960, §40.12A04; SL 1967, ch 164; SL 1988, ch 328, §49.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-7 - Authorization for transportation to open market or slaughter plant.

40-20-7. Authorization for transportation to open market or slaughter plant.
In lieu of an ownership inspection, any person who intends to remove livestock from the livestock ownership inspection area for the purpose of sale or slaughter may obtain a shipper's permit from the board or its authorized agent for the transportation of livestock to a previously designated open market or slaughter plant pursuant to §40-18-16. The permit may be obtained forty-eight hours in advance of shipment from an authorized agent of the board.
Source:
SDC Supp 1960, §40.12A04 (1) as added by SL 1967, ch 164; SL 1972, ch 219, §2; SL 1984, ch 269, §14; SL 1988, ch 328, §50; SL 1992, ch 288, §9.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-7.1 - Reinspection required of livestock unloaded anywhere other than market of origin.

40-20-7.1. Reinspection required of livestock unloaded anywhere other than market of origin.
A market clearance is valid for transporting livestock out of the ownership inspection area only if the transportation originates at the market where the livestock were inspected. If the livestock are unloaded or held at any other location other than the market of origin, they shall be reinspected for ownership immediately prior to further transportation.
Source:
SL 1990, ch 328, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-10 - Transportation of livestock without required authorization as misdemeanor.

40-20-10. Transportation of livestock without required authorization as misdemeanor.
If authorization is required, it is a Class 1 misdemeanor for any carrier or owner to transport any livestock from the livestock ownership inspection area or to within a mile of the border with a destination outside the livestock ownership inspection area unless the carrier or owner is in possession of authorization by the board.
Source:
SDC Supp 1960, §40.12A04 (1) as added by SL 1967, ch 164; SL 1977, ch 190, §510; SL 1988, ch 328, §53; SL 1991, ch 335, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-10.1 - Proceeds of sale held in trust pending authorization.

40-20-10.1. Proceeds of sale held in trust pending authorization.
If livestock have been shipped to an open market and no authorization for the transportation of such livestock has been obtained, the proceeds of the sale of such livestock shall be held in trust by the operators of the open market until the board authorizes the release of the proceeds.
Source:
SDCL, §40-20-7 as added by SL 1972, ch 219, §2; SL 1988, ch 328, §54.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-12 - Inspection and clearance required for diversion of livestock consigned to open market--Neglect by carrier as misdemeanor.

40-20-12. Inspection and clearance required for diversion of livestock consigned to open market--Neglect by carrier as misdemeanor.
If livestock shipped from the livestock ownership inspection area are consigned to an open market described in §40-20-6, it is a Class 1 misdemeanor for any person to change the consignment to a point other than a livestock market previously designated by the board as an open market, unless the livestock receive a livestock ownership inspection and the carrier receives a certificate or clearance from the board showing that all the livestock belongs to the shipper.
Source:
SL 1943, ch 142, §9; SL 1949, ch 144, §3; SL 1949, ch 149, §1; SL 1951, ch 202; SDC Supp 1960, §40.12A04; SL 1967, ch 164; SL 1977, ch 190, §511; SL 1984, ch 269, §15; SL 1988, ch 328, §56; SL 1991, ch 335, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-18 - Exhibition of authorization on demand of law enforcement officer--Failure to possess authorization as misdemeanor.

40-20-18. Exhibition of authorization on demand of law enforcement officer--Failure to possess authorization as misdemeanor.
Any person in charge or control of any motor vehicle transporting livestock from any point within the livestock ownership inspection area shall, upon demand of any state law enforcement officer, exhibit to the officer authorization as required pursuant to §40-20-4. It is a Class 2 misdemeanor for any person not to be in possession of such authorization if required by the provisions of this section.
Source:
SL 1949, ch 149, §1; SL 1951, ch 202; SL 1955, ch 139, §2; SDC Supp 1960, §40.12A04 (3); SL 1967, ch 164; SL 1986, ch 342, §2; SL 1988, ch 328, §60; SL 1999, ch 206, §7.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-24 - Law enforcement officer stopping vehicle for inspection--Unloading of livestock.

40-20-24. Law enforcement officer stopping vehicle for inspection--Unloading of livestock.
Any law enforcement officer may require any person transporting livestock to stop any vehicle transporting such livestock for the purpose of examination and inspection of the shipper's permit, local ownership inspection certificates, livestock market clearances, bills of sale, brands, marks, or other means of identification. The law enforcement officer may demand any such person to unload such livestock at the nearest suitable location for further inspection and examination.
Source:
SL 1955, ch 139, §3; SDC Supp 1960, §40.12A04 (4); SL 1967, ch 164; SL 1988, ch 328, §61; SL 1999, ch 206, §8.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-25 - Law enforcement officer not liable for damages in stopping vehicle.

40-20-25. Law enforcement officer not liable for damages in stopping vehicle.
Any law enforcement officer described in §40-20-24 or surety on his official bond is not liable for any damages claimed to have been incurred by reason of any injury to such livestock, loss of time, shrinkage, or any other similar damage.
Source:
SL 1955, ch 139, §3; SDC Supp 1960, §40.12A04 (5); SL 1967, ch 164; SL 1988, ch 328, §62.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-26 - Licensed auction markets in inspection area to require ownership inspection of livestock--Neglect as misdemeanor--Discretionary reinspection.

40-20-26. Licensed auction markets in inspection area to require ownership inspection of livestock--Neglect as misdemeanor--Discretionary reinspection.
It is a Class 1 misdemeanor for any licensed livestock auction market in the livestock ownership inspection area to allow any livestock brought into the yards of the market for purpose of sale to leave the yards until first inspected for ownership. However, if a shipment of livestock arrives at any auction market in the ownership inspection area after daylight hours, facilities shall be made available to yard such livestock separate and apart from any other livestock. The auction market may sell such livestock that night, but livestock so sold shall be returned to the separate yard facilities, and may not be removed therefrom until an ownership inspection has been made. The livestock ownership inspector may, in his discretion, reinspect the livestock before they leave the yards of the auction market.
Source:
SL 1943, ch 142, §12; SDC Supp 1960, §40.12A07; SL 1967, ch 166; SL 1968, ch 156, §1; SL 1977, ch 190, §513; SL 1988, ch 328, §63.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-26.1 - Sale or transfer of ownership without ownership inspection as misdemeanor--Exception.

40-20-26.1. Sale or transfer of ownership without ownership inspection as misdemeanor--Exception.
It is a Class 1 misdemeanor for any person to sell or to transfer ownership of any livestock within the livestock ownership inspection area without first obtaining an ownership inspection, except as provided in §40-20-26.
Source:
SL 1972, ch 218; SL 1977, ch 190, §514; SL 1980, ch 276; SL 1984, ch 269, §24; SL 1991, ch 335, §6; SL 1992, ch 288, §10.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-26.2 - Authorized bill of sale transfer--Requirements--Limits--Exception from inspection requirement--Violation as misdemeanor.

40-20-26.2. Authorized bill of sale transfer--Requirements--Limits--Exception from inspection requirement--Violation as misdemeanor.
The provisions of §40-20-26.1 notwithstanding, ownership of livestock with the seller's South Dakota recorded and healed brand or the owner's unbranded livestock may be transferred by means of an authorized bill of sale without a brand inspection. The bill of sale shall be on a form prescribed by the board. A copy of an authorized bill of sale shall be forwarded to the board. An authorized bill of sale does not substitute for inspection of livestock being removed from the ownership inspection area of South Dakota.
An authorized bill of sale may transfer no more than five head of livestock to any one buyer. Multiple authorized bills of sale may not be executed to subdivide numbers of livestock greater than five to any one buyer. The transfer of livestock without an authorized bill of sale under this section or in violation of the requirements relating to the number of livestock that may be transferred to a single buyer is a Class 1 misdemeanor.
Source:
SL 1985, ch 320; SL 1987, ch 297, §5; SL 1988, ch 328, §65; SL 1992, ch 288, §11; SL 2002, ch 190, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-26.3 - Promulgation of rules exempting certain persons from § 40-20-26.1.

40-20-26.3. Promulgation of rules exempting certain persons from §40-20-26.1.
The board may, by rules promulgated pursuant to chapter 1-26, exempt any person licensed pursuant to chapter 40-15A from the provisions of §40-20-26.1.
Source:
SL 1988, ch 328, §64.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-27 - Livestock ownership inspection certificate issued to buyer.

40-20-27. Livestock ownership inspection certificate issued to buyer.
The board shall issue a livestock ownership inspection certificate, in such form as the board may prescribe, to each livestock buyer showing such information as may be required by the board.
Source:
SL 1943, ch 142, §12; SDC Supp 1960, §40.12A07; SL 1967, ch 166; SL 1968, ch 156, §1; SL 1988, ch 328, §66.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-28 - Fee for inspection services--Determination of rate--When collected.

40-20-28. Fee for inspection services--Determination of rate--When collected.
The board may charge and collect a fee from any open market for services pertaining to the brand inspection of livestock as required by chapters 40-20 and 40-21. The amount of such fees shall be based upon the cost of providing ownership inspection at the market and shall be collected if the current inspection income does not cover the cost of brand inspection.
Source:
SL 1943, ch 142, §12; SDC Supp 1960, §40.12A07; SL 1967, ch 166; SL 1968, ch 156, §1; SL 1988, ch 328, §67.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-29 - Inspection and certificate required for slaughter or processing of livestock commercially within inspection area--Misdemeanor--Out-of-state certificate--Exhibition on demand.

40-20-29. Inspection and certificate required for slaughter or processing of livestock commercially within inspection area--Misdemeanor--Out-of-state certificate--Exhibition on demand.
It is a Class 1 misdemeanor for any person to slaughter or process livestock commercially within the livestock ownership inspection area until the livestock have received an ownership inspection and the certificate of such inspection is filed and is made a part of that person's permanent records, or unless the person has the hide of each slaughtered carcass available for inspection. An ownership brand inspection certificate on livestock is valid for no longer than four days from the date of issue. Livestock arriving at slaughter destination later than four days from the date indicated on the inspection certificate shall be inspected and the fee collected. All certificates of ownership inspection shall, at any time upon demand, be displayed to any law enforcement officer or to the board.
Source:
SL 1943, ch 142, §15; SDC Supp 1960, §40.12A09; SL 1967, ch 167; SL 1975, ch 261; SL 1977, ch 190, §515; SL 1978, ch 285; SL 1987, ch 297, §3; SL 1988, ch 328, §68; SL 1991, ch 335, §7; SL 2002, ch 190, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-30 - Injunction to restrain violation of this chapter or chapter 40-21.

40-20-30. Injunction to restrain violation of this chapter or chapter 40-21.
The board may apply for an injunction in any court of competent jurisdiction to restrain any violation of this chapter or chapter 40-21.
Source:
SDC Supp 1960, §40.12A10 as enacted by SL 1968, ch 156, §2; SL 1988, ch 328, §69.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-32 - Feedlot operation in inspection area--Designation as registered feedlot--Application-- Requirements.

40-20-32. Feedlot operation in inspection area--Designation as registered feedlot--Application--Requirements.
Any person who operates a drylot cattle feeding operation, within the confines of permanently fenced lots and within the ownership inspection area may apply to the board for designation as a registered feedlot. The board shall prescribe a form for this purpose. Upon receipt of an application and within thirty days, the board may grant a permit if the following requirements are satisfied:
(1)The operator's feedlot is a permanently fenced drylot;
(2)The operator commonly practices feeding cattle to finish for slaughter; and
(3)The operator brands all cattle carrying mixed brands, held under common ownership, with a registered brand or a feedlot assigned brand approved by the board.
Source:
SL 1984, ch 270, §1; SL 1988, ch 328, §70.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-33 - Rules for suspension or revocation of feedlot permit--Inspection of cattle--Renewal of permit.

40-20-33. Rules for suspension or revocation of feedlot permit--Inspection of cattle--Renewal of permit.
The board may adopt rules for the suspension or revocation of the permit for violations of §§40-20-32 to 40-20-36, inclusive, pursuant to chapter 1-26. A registered feedlot is subject to inspection upon all cattle placed in the feedlot. The registered feedlot permit may be renewed annually.
Source:
SL 1984, ch 270, §2; SL 1988, ch 328, §71.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-34 - Inspection of cattle shipped from feedlot--Fee.

40-20-34. Inspection of cattle shipped from feedlot--Fee.
Cattle sold or shipped from a registered feedlot for purposes other than direct slaughter shall be inspected for brands and the inspection fee shall be collected.
Source:
SL 1984, ch 270, §3; SL 1987, ch 297, §4; SL 1988, ch 328, §72.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-35 - Permit for shipment of cattle from feedlot for slaughter--Inspection of cattle without forms--Fees.

40-20-35. Permit for shipment of cattle from feedlot for slaughter--Inspection of cattle without forms--Fees.
Cattle shipped from a registered feedlot for slaughter are not subject to brand inspection at origin or destination. However, prior to shipping such cattle, the feedlot operator shall obtain a permit from the board which shows the feedlot operator's name, owner of cattle, date the cattle are to be shipped, destination, agency receiving the cattle, number of head in the shipment, sex, and brands. The form shall be completed by the feedlot operator at the time of the shipment. One copy shall be sent with the shipment, one copy shall be sent to the board or the inspecting agency by the tenth day of the following month, and one copy shall be retained by the operator of the registered feedlot. If such forms fail to accompany a shipment of cattle, all such cattle are subject to an ownership inspection and inspection fees shall be charged, as defined in chapter 40-21.
Source:
SL 1984, ch 270, §4; SL 1988, ch 328, §73.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-36 - Inspection of feedlot, cattle, records, and inspection certificates.

40-20-36. Inspection of feedlot, cattle, records, and inspection certificates.
A registered feedlot is subject to inspection at any reasonable time at the discretion of the board, and the operator shall show all cattle, inventory records, and inspection certificates to cover all cattle in his feedlot.
Source:
SL 1984, ch 270, §5; SL 1988, ch 328, §74.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-37 - Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.

40-20-37. Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.
It is a Class 1 misdemeanor for any buyer of livestock at a licensed livestock auction market in the ownership inspection area, or any person on the buyer's behalf, to remove any livestock from the market until the livestock have been inspected for ownership as provided in §40-20-26.
Source:
SL 1991, ch 335, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-38 - Grounds for refusal to inspect.

40-20-38. Grounds for refusal to inspect.
A livestock inspector may refuse to inspect livestock for ownership purposes if, in the judgment of the inspector, the livestock are confined to an area not accessible for inspection or if insufficient light exists for inspection.
Source:
SL 1992, ch 288, §5.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-39 - Inspection of livestock removed from inspection area--Fee.

40-20-39. Inspection of livestock removed from inspection area--Fee.
Livestock that is removed from the ownership inspection area in violation of this chapter may be inspected at any place outside the inspection area and the fee collected for the inspection. The inspection does not exempt any person from prosecution for violation of the inspection laws.
Source:
SL 1992, ch 288, §6.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 20 - Livestock Ownership Inspection Area › Section 40-20-40 - Mileage fee for travel to inspection.

40-20-40. Mileage fee for travel to inspection.
The board may charge a fee for actual mileage traveled to perform a local inspection or an inspection at an open market. The mileage fee shall be in addition to the inspection fee and may not exceed the rate set by the State Board of Finance pursuant to §3-9-1.
Source:
SL 1993, ch 307, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-3.1 - Transporting cattle, horses, mules, sheep, buffalo, or carcasses without owner's permit prohibited--Contents of permit--Written statement in lieu of permit--Violation as misdemeanor.

40-21-3.1. Transporting cattle, horses, mules, sheep, buffalo, or carcasses without owner's permit prohibited--Contents of permit--Written statement in lieu of permit--Violation as misdemeanor.
No person may transport cattle, horses, mules, sheep, or buffalo or the carcasses thereof on any public highway in this state or over any land of which he is not the owner or tenant, without the written permission of the owner of the cattle, horses, mules, sheep, and buffalo or carcasses. Such permit shall contain: the name of the owner of the shipment; the ages, sexes, brands thereon, if any; the date of transportation, the points of origin and destination of the shipment; and the person to whom it is consigned. In lieu of the permit, any person who is transporting such cattle, horses, mules, sheep, and buffalo or carcasses may make a written statement which shall contain the information described herein. Violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §13.3812; SDCL, §22-37-15; SL 1976, ch 158, §37-1; SL 1981, ch 293, §1; SL 1988, ch 328, §75.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-5 - Designation of open market for livestock--Promulgation of rules--Open market agreement.

40-21-5. Designation of open market for livestock--Promulgation of rules--Open market agreement.
To facilitate the inspection of livestock and the enforcement of chapters 40-18 to 40-22, inclusive, any livestock market, slaughter facility, or inspection point, whether within or without the State of South Dakota, that meets the criteria established by the board may be designated by the board as an open market. The board shall establish criteria for designating an open market and for revoking open market status by rules promulgated pursuant to chapter 1-26. Criteria may include distance from the livestock ownership inspection area, the number of head inspected annually, compliance by the market with ownership inspection laws, adequacy of the facilities, economic feasibility, and compliance with the open market agreement. Any livestock market, slaughter facility, or inspection point designated as an open market by the board shall enter into an open market agreement with the board on such terms and conditions as may be necessary for proper brand inspection in accordance with the brand inspection laws and regulations of this state and of the state in which the livestock market, slaughter facility, or inspection point is located.
Source:
SL 1943, ch 142, §7; SL 1945, ch 172, §1; SDC Supp 1960, §40.12A02; SL 1988, ch 328, §79; SL 1993, ch 308; SL 2008, ch 214, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-6 - Inspections made between sunrise and sunset--Rules regulating inspection during hours of darkness.

40-21-6. Inspections made between sunrise and sunset--Rules regulating inspection during hours of darkness.
All inspections provided for in this chapter or chapter 40-20 shall be made between sunrise and sunset. However, livestock may be inspected between sunset and sunrise if there is lighting sufficient to accomplish brand inspection. The board shall promulgate rules, pursuant to chapter 1-26, to regulate inspection during hours of darkness.
Source:
SL 1943, ch 142, §13; SDC Supp 1960, §40.12A08; SL 1988, ch 328, §80.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-7 - Inspection fee for livestock--Receipt--Charge on entire consignment.

40-21-7. Inspection fee for livestock--Receipt--Charge on entire consignment.
The board may collect a fee on all livestock inspected in accordance with the provisions of §40-18-16. The owner or seller of any livestock so inspected is responsible for the inspection fee. All fees are payable to the board and the board shall issue a receipt. The board shall deliver the original receipt to the remitter, and the duplicate receipt shall be retained by the board. No inspection clearance may be delivered until the inspection fees have been paid. If only a portion of a consignment of livestock is sold, the inspection fee required shall be charged on the entire consignment.
Source:
SL 1943, ch 142, §10; SL 1945, ch 172, §3; SDC Supp 1960, §40.12A05; SL 1963, ch 240; SL 1980, ch 277; SL 1988, ch 328, §81.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-8 - Deposit of fees collected by inspecting agency--Monthly report of fees and expenses.

40-21-8. Deposit of fees collected by inspecting agency--Monthly report of fees and expenses.
Any fees or other funds collected by an agency delegated by the State Brand Board under the provisions of §40-18-10 shall be deposited in a separate bank account. The agency delegated by the board under §40-18-10 shall prepare a monthly report of fees collected and expenses prorated for the ownership inspection program. A copy of the report shall be filed monthly with the board, the secretary of agriculture and natural resources and the auditor general.
Source: SL 1945, ch 172, §3; SDC Supp 1960, §40.12A05; SL 1963, ch 240; SL 1984, ch 271, §1; SL 1988, ch 328, §82; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-9 - Fees paid into livestock ownership inspection and theft prevention fund--Purposes for which used.

40-21-9. Fees paid into livestock ownership inspection and theft prevention fund--Purposes for which used.
Except as provided by §40-21-8, all fees collected by the board shall be deposited in the state treasury in a fund to be known as the South Dakota livestock ownership inspection and theft prevention fund. The moneys in the fund shall be used by the board only in the administration and enforcement of this chapter and chapter 40-20.
Source:
SL 1943, ch 142, §10; SL 1945, ch 172, §3; SDC Supp 1960, §40.12A05; SL 1963, ch 240; SL 1988, ch 328, §85.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-10 - Proof of ownership required for livestock not bearing seller's brand.

40-21-10. Proof of ownership required for livestock not bearing seller's brand.
If any livestock, inspected under the provisions of this chapter or chapter 40-20 bears an unrecorded brand, or a recorded brand other than the brand of the person selling the livestock or transporting the livestock out of the ownership inspection area, and does not bear the recorded brand of such person, then the person selling or transporting the livestock shall be required to establish ownership to the livestock, by presenting to the livestock ownership inspector a witnessed bill of sale to the animal or by other satisfactory evidence of ownership which may include an affidavit of ownership signed by the person selling or transporting the livestock and witnessed by the ownership inspector. If any livestock listed on the original bill of sale or affidavit of ownership are not sold or transported out of the ownership inspection area, the inspector shall pick up the ownership documents and issue a receipt showing the number of livestock sold or transported and the number remaining. If any livestock are unbranded, the inspector may require the shipper or seller to establish ownership by presenting to the inspector an affidavit of ownership. Only an original bill of sale or affidavit of ownership is valid for proof of ownership. Any bill of sale or affidavit shall be notarized or signed by two witnesses.
Source:
SL 1943, ch 142, §11; SL 1949, ch 144, §4; SDC Supp 1960, §40.12A06; SL 1967, ch 165; SL 1988, ch 328, §86; SL 2008, ch 215, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-11 - Proof of ownership required for livestock bearing more than one brand.

40-21-11. Proof of ownership required for livestock bearing more than one brand.
If any livestock inspected under the provisions of this chapter or chapter 40-20 bears the recorded brand of the seller or the person transporting the livestock out of the ownership inspection area, and also bears a recorded brand of another person, then the seller or the person transporting the livestock out of the ownership inspection area may be required, at the discretion of the livestock ownership inspector, to establish ownership to the livestock by presenting to the ownership inspector satisfactory evidence of ownership.
Source:
SDC Supp 1960, §40.12A06 as added by SL 1967, ch 165; SL 1988, ch 328, §87; SL 2008, ch 215, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-12 - Holding or sale of livestock or proceeds on failure to establish ownership--Financial responsibility of selling agent--Civil suit--Discretion of inspector--Disposition of proceeds without board's release as misdemeanor.

40-21-12. Holding or sale of livestock or proceeds on failure to establish ownership--Financial responsibility of selling agent--Civil suit--Discretion of inspector--Disposition of proceeds without board's release as misdemeanor.
If the seller described in §40-21-10 or 40-21-11 fails to establish ownership of any livestock, the livestock shall be held or sold. If the livestock are held, disposition by the board shall be made. If sold, the selling agent is financially responsible for the proceeds of the sale and shall hold the proceeds until the board orders the money, along with account of sale, released to the livestock owner or to the South Dakota livestock ownership inspection fund. Such financial responsibility may be enforced by civil suit brought by the board. If the inspector finds livestock carrying a recorded brand which is not the property of the consignor and is not accompanied by a proper bill of sale, affidavit of ownership, or livestock market clearance, the inspector shall designate the livestock as, Hold. The inspector may sell or hold the livestock; and if sold, the selling agency shall hold the proceeds from the sale for sixty days or until the consignor establishes evidence of ownership to the inspector, whichever comes first. All livestock holds after sixty days shall be forwarded by the inspector to the board for review and final disposition, which may include clarification, settlement, or payment related to proper ownership. If a hold has been placed on the proceeds, it is a Class 1 misdemeanor for the selling agent or selling agency to disburse the proceeds to the seller or consignor before the board has cleared the hold for release.
Source:
SL 1943, ch 142, §11; SL 1949, ch 144, §4; SDC Supp 1960, §40.12A06; SL 1967, ch 165; SL 1988, ch 328, §88; SL 1999, ch 206, §9.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-12.1 - Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor.

40-21-12.1. Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor.
If the person transporting livestock out of the ownership inspection area as described in §40-21-10 or 40-21-11 fails to establish ownership of any livestock, the board may hold the livestock. If a hold has been placed on the livestock, it is a Class 1 misdemeanor for the person to remove the livestock from the ownership inspection area or sell the livestock before the board has cleared the hold for release. Any livestock hold continuing beyond sixty days shall be forwarded by the inspector to the board for review and final disposition, which may include clarification, settlement, or payment related to proper ownership.
Source:
SL 2008, ch 215, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-14 - Time allowed for establishment of ownership after sale of animal--Sale price paid to owner.

40-21-14. Time allowed for establishment of ownership after sale of animal--Sale price paid to owner.
In the event of sale of livestock pursuant to §40-21-12, the seller of such animal shall establish ownership within sixty days after sale thereof, by producing satisfactory proof thereof to the board. If such seller establishes ownership, the board shall order the person acting as selling agent to pay the net sale price with account of sale to the owner.
Source:
SL 1943, ch 142, §11; SL 1949, ch 144, §4; SDC Supp 1960, §40.12A06; SL 1967, ch 165; SL 1988, ch 328, §89.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-15 - Failure of seller to establish ownership--Sale proceeds paid to board--Account of sale.

40-21-15. Failure of seller to establish ownership--Sale proceeds paid to board--Account of sale.
If the seller of an animal sold pursuant to §40-21-12 fails to establish ownership within sixty days, the board shall order the person who acts as selling agent to pay the net sale proceeds with account of sale of such livestock over to the board. The account of sale shall be prepared by the selling agency in duplicate showing the brand on the animal, the name and address of the shipper, the point of origin, and date of consignment.
Source:
SL 1943, ch 142, §11; SL 1949, ch 144, §4; SDC Supp 1960, §40.12A06; SL 1967, ch 165; SL 1988, ch 328, §90.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-16 - Separate fund for sale proceeds of undetermined ownership held by board--Period for which held--Payment to owner on proof of ownership.

40-21-16. Separate fund for sale proceeds of undetermined ownership held by board--Period for which held--Payment to owner on proof of ownership.
Any funds held by the board from the sale of livestock of undetermined ownership shall be placed into a separate interest bearing fund. Such funds shall be kept for a period of time not to exceed one year. If proof of ownership is made, satisfactory to the board within one year, all proceeds less authorized deductions shall be paid to the owner.
Source:
SL 1943, ch 142, §11; SL 1949, ch 144, §4; SDC Supp 1960, §40.12A06; SL 1967, ch 165; SL 1988, ch 328, §91.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-17 - Sale proceeds of undetermined ownership escheat to board--Deposit in ownership inspection and theft prevention fund when ownership not established.

40-21-17. Sale proceeds of undetermined ownership escheat to board--Deposit in ownership inspection and theft prevention fund when ownership not established.
If the ownership of any livestock sold pursuant to §40-21-12 is not established within a one-year period, the net sale proceeds escheat to the board, and the board shall deposit the proceeds in the South Dakota livestock ownership inspection and theft prevention fund, provided for in §40-21-9.
Source:
SL 1943, ch 142, §11; SL 1949, ch 144, §4; SDC Supp 1960, §40.12A06; SL 1967, ch 165; SL 1988, ch 328, §92.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-19 - Delegation of board powers to livestock inspection agency.

40-21-19. Delegation of board powers to livestock inspection agency.
The board may delegate the duties, obligations, and powers provided in §§40-21-10 to 40-21-17, inclusive, to any agency contracted with for carrying on livestock inspection under the provisions of §40-18-10.
Source:
SDC Supp 1960, §40.12A06 as added by SL 1961, ch 203; SL 1988, ch 328, §93.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 21 - Brand Inspection And Theft Prevention › Section 40-21-20 - Enforcement of rules.

40-21-20. Enforcement of rules.
Any rule promulgated pursuant to chapter 1-26 by the board may be enforced in a court of competent jurisdiction.
Source:
SL 1949, ch 149, §2; SDC Supp 1960, §40.9929; SL 1963, ch 241; SL 1988, ch 328, §94.