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CHAPTER 40-21

BRAND INSPECTION AND THEFT PREVENTION

40-21-1 to 40-21-3. Repealed.
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.
40-21-3.2 to 40-21-4. Repealed.
40-21-5      Designation of open market for livestock--Promulgation of rules--Open market agreement.
40-21-6      Inspections made between sunrise and sunset--Rules regulating inspection during hours of darkness.
40-21-7      Inspection fee for livestock--Receipt--Charge on entire consignment.
40-21-8      Deposit of fees collected by inspecting agency--Monthly report of fees and expenses.
40-21-8.1, 40-21-8.2. Repealed.
40-21-9      Fees paid into livestock ownership inspection and theft prevention fund--Purposes for which used.
40-21-10      Proof of ownership required for livestock not bearing seller's brand.
40-21-11      Proof of ownership required for livestock bearing more than one brand.
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.
40-21-12.1      Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor.
40-21-13      Repealed.
40-21-14      Time allowed for establishment of ownership after sale of animal--Sale price paid to owner.
40-21-15      Failure of seller to establish ownership--Sale proceeds paid to board--Account of sale.
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.
40-21-17      Sale proceeds of undetermined ownership escheat to board--Deposit in ownership inspection and theft prevention fund when ownership not established.
40-21-18      Repealed.
40-21-19      Delegation of board powers to livestock inspection agency.
40-21-20      Enforcement of rules.
40-21-21      Forgery, alteration, or misrepresentation of inspection certificate, market clearance, bill of sale, or permit as felony.
40-21-22      Repealed.
40-21-22.1      Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.
40-21-23      Venue of offenses.
40-21-24      Reward authorized--Funding.
40-21-25      Rendering establishments exempt from provisions governing transport of hides and carcasses.


     40-21-1 to 40-21-3.   Repealed by SL 1972, ch 217, § 3


     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.


     40-21-3.2 to 40-21-4.   Repealed by SL 1988, ch 328, §§ 76 to 78


     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.


     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.


     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.


     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 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.


     40-21-8.1, 40-21-8.2.   Repealed by SL 1988, ch 328, §§ 83, 84


     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.


     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.


     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.


     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.


     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.


     40-21-13.   Repealed by SL 1984, ch 269, § 27


     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.


     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.


     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.


     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.


     40-21-18.   Repealed by SL 1975, ch 62, § 3


     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.


     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.


     40-21-21.   Forgery, alteration, or misrepresentation of inspection certificate, market clearance, bill of sale, or permit as felony. Any person who forges, alters, or misrepresents any livestock ownership inspection certificate, market clearance, bill of sale, or any permit or other authorization or proof of ownership provided for in this chapter or chapter 40-20 with intent to defraud is guilty of a Class 5 felony.

Source: SL 1943, ch 142, § 16; SL 1949, ch 149, § 2; SDC Supp 1960, § 40.9929; SL 1963, ch 241; SL 1977, ch 190, § 518; SL 1984, ch 269, § 28; SL 1991, ch 335, § 8.


     40-21-22.   Repealed by SL 1991, ch 186, § 20


     40-21-22.1.   Removal of livestock before ownership inspection prohibited--Violation as misdemeanor. It is a Class 1 misdemeanor for any person bringing livestock to a licensed livestock auction for the purpose of sale, or any person on such person's behalf, to remove the livestock from the market, if a hold has been placed on the livestock pursuant to § 40-21-12, until evidence of ownership is furnished to the inspector or arrangements suitable to the board have been made.

Source: SL 1991, ch 335, § 5.


     40-21-23.   Venue of offenses. The venue of any offense under § 40-21-21 is in the county where the livestock were loaded, if known, or in any county through which the livestock were transported or trailed.

Source: SDC Supp 1960, § 40.9929 as added by SL 1963, ch 241; SL 1991, ch 335, § 9.


     40-21-24.   Reward authorized--Funding. The board may authorize and pay a reward not exceeding five thousand dollars to any person who provides information leading to the conviction of any person for the crime of stealing livestock which are branded with a brand registered with the board. Such rewards may be paid out of the South Dakota livestock ownership and theft prevention fund created by § 40-21-9.

Source: SL 1974, ch 272, § 2; SL 1988, ch 328, § 95; SL 2009, ch 204, § 1.


     40-21-25.   Rendering establishments exempt from provisions governing transport of hides and carcasses. No rendering establishment licensed pursuant to chapter 40-17 need comply with the provisions of chapter 40-21 relating to the transport of hides or carcasses, if the carcasses are those of dead or diseased animals which are not intended for human consumption.

Source: SL 1981, ch 293, § 2.


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