Administrative Rule 12:10:02 | South Dakota Legislature

12:10:02:01. Applications for open market designation. Licensed livestock auction markets and slaughter plants located outside the livestock ownership inspection area may apply for open market designation if they meet the following criteria:

(1) The applicant's facilities are within 45 miles of the inspection area boundary by an all-weather road;

(2) The applicant's facilities received at least 2,500 head of cattle from the ownership inspection area within the 12 months preceding the date of the application if the applicant is a livestock auction market;

(3) The applicant has adequate facilities for the ownership inspection of livestock as determined by the inspector in accordance with SDCL 40-20-38 and 40-21-5;

(4) The applicant agrees to deposit and maintain funds in an escrow account to cover expenses of providing brand inspection as required by the board or its authorized agent;

(5) The applicant has no history of violating livestock ownership or inspection requirements; and

(6) The applicant, if it is a slaughter plant subject to licensure, inspection, or regulation in the state where their business is located, must provide evidence of permission to operate as a custom slaughter plant in that state.

The application must be on forms provided by the board. The board shall consider whether the criteria listed in this section have been met in deciding to approve or reject the application.

Upon approval of an application, the board shall forward one signed copy to the inspection agency and one signed copy to the applicant. The original application shall be retained in the Brand Board office.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:01 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 195, effective July 1, 1993; 22 SDR 28, effective September 4, 1995; 26 SDR 169, effective June 27, 2000.

General Authority: SDCL 40-18-16, 40-21-5.

Law Implemented: SDCL 40-20-38, 40-21-5.

Note: A list of designated open markets may be obtained from the Brand Board, 413 S. Fort, Pierre, South Dakota, 57501.

Rule 12:10:02:01.01 Canceling open market designation.

12:10:02:01.01. Canceling open market designation. The board may cancel an open market designation if it determines that:

(1) The owner or manager of the facilities fails to comply with ownership inspection laws or rules or bonding and licensing requirements, including the laws and rules of the Packers and Stockyards Administration;

(2) The conditions at the facilities are inadequate or insufficient light exists for livestock ownership inspection as required by SDCL 40-20-38;

(3) It is no longer economically feasible to maintain an inspector at the facilities; or

(4) The livestock auction market has not received at least 2,500 head of cattle from the ownership inspection area within the preceding 12 months.

Source: 19 SDR 195, effective July 1, 1993; 21 SDR 77, effective October 23, 1994; 22 SDR 28, effective September 4, 1995; 26 SDR 169, effective June 27, 2000.

General Authority: SDCL 40-18-16, 40-21-5.

Law Implemented: SDCL 40-20-38, 40-21-5.

Cross-References:

Livestock ownership inspection area, SDCL ch 40-20.

Brand inspection and theft prevention, SDCL ch 40-21.

Livestock auction agencies, SDCL ch 40-15.

Livestock dealers, packers, and packer buyers, SDCL ch 40-15A.

Theft prevention, ch 12:10:02.

7 U.S.C. §§ 192, 196, 203, 204, 206, 208, 213, 217a, and 228b, Packers and Stockyards Act of 1921, as amended through August 31, 1994.

9 C.F.R. Part 201, regulations under the Packers and Stockyards Act, as amended through August 31, 1994.

Rule 12:10:02:02 Repealed.

12:10:02:02. Grazing permits.Repealed.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:02 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:03 Repealed.

12:10:02:03. Request for inspection -- Time limit.Repealed.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:03 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1992, ch 288, § 12, effective July 1, 1992.

Rule 12:10:02:04 Repealed.

12:10:02:04. Inspection procedures.Repealed.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:04 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1987, ch 297, § 6, effective July 1, 1987.

Rule 12:10:02:05 Inspection fee.

12:10:02:05. Inspection fee. A fee of one dollar per head shall be charged for inspection of all cattle, horses, and mules regardless of age. The inspection fee also applies to calves and colts.

Source: 1 SDR 50, effective January 18, 1975; 5 SDR 16, effective September 1, 1978; 5 SDR 112, effective September 1, 1979; 7 SDR 19, effective September 8, 1980; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:05 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 35, effective September 6, 1987; 15 SDR 33, effective August 31, 1988; 18 SDR 59, effective October 3, 1991; 23 SDR 25, effective August 26, 1996; 30 SDR 51, effective October 29, 2003; 33 SDR 107, effective December 27, 2006; 39 SDR 10, effective August 1, 2012; 39 SDR 172, effective April 25, 2013; 46 SDR 26, effective September 3, 2019.

General Authority: SDCL 40-18-16.

Law Implemented: SDCL 40-21-7.

Rule 12:10:02:06 Repealed.

12:10:02:06. Procedure for payment of inspection fees.Repealed.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:06 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:07 Repealed.

12:10:02:07. Fees on partial consignments.Repealed.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:07 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:08 Repealed.

12:10:02:08. Documents necessary for proof of ownership.Repealed.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:08 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:09 Repealed.

12:10:02:09. Ownership of unbranded animals to be established by affidavit.Repealed.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, July 1, 1982; transferred from § 61:07:03:09 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:10 Repealed.

12:10:02:10. Ownership documents for unsold livestock.Repealed.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:10 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:11 Repealed.

12:10:02:11. Time limit for holding animal or proceeds of sale.Repealed.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:11 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:12 Repealed.

12:10:02:12. Failure of shipper or seller to establish ownership.Repealed.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:12 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:13 Repealed.

12:10:02:13. Review of ownership prior to disbursement of funds.Repealed.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:13 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:14 Repealed.

12:10:02:14. Rewards for information on theft to be paid at discretion of Brand Board.Repealed.

Source: SL 1975, ch 16, § 1; 6 SDR 67, effective January 17, 1980; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:14 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:15 Superseded.

12:10:02:15. "For immediate slaughter" defined.Superseded.

Source: 2 SDR 23, effective September 30, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:15 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; superseded by SL 1987, ch 297, effective July 1, 1987.

Rule 12:10:02:16 Superseded.

12:10:02:16. Designation for immediate slaughter.Superseded.

Source: 2 SDR 23, effective September 30, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:16 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; superseded by SL 1987, ch 297, effective July 1, 1987.

Rule 12:10:02:17 Superseded.

12:10:02:17. Duration of validity of out-of-state inspection certificate.Superseded.

Source: 2 SDR 23, effective September 30, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:17 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; superseded by SL 1987, ch 297, effective July 1, 1987.

Rule 12:10:02:18 Repealed.

12:10:02:18. Unloaded cattle.Repealed.

Source: 2 SDR 23, effective September 30, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:18 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed by SL 1987, ch 297, § 6, effective July 1, 1987.

Rule 12:10:02:19 Authorized bill of sale.

12:10:02:19. Authorized bill of sale. The bill of sale used to transfer ownership of livestock shall contain the names and addresses of the buyer and seller, the date of the transaction, the number and description of the animals being transferred, a drawing of the brand, the location where the brand appears on the animal, an affirmation signed by the seller stating the brand is registered with the State Brand Board, and the signatures of two witnesses.

Source: 12 SDR 127, effective February 12, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 25 SDR 59, effective October 25, 1998.

General Authority: SDCL 40-20-26.2.

Law Implemented: SDCL 40-20-26.2.

Rule 12:10:02:20 Distribution of copies of bill of sale.

12:10:02:20. Distribution of copies of bill of sale. The original bill of sale is the purchaser's copy and shall be given to the brand inspector when the livestock are subsequently sold or transferred by the purchaser.

Source: 12 SDR 127, effective February 12, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 26 SDR 61, effective November 9, 1999.

General Authority: SDCL 40-20-26.2.

Law Implemented: SDCL 40-20-26.2.

Rule 12:10:02:21 Repealed.

12:10:02:21. Valid local inspections.Repealed.

Source: 13 SDR 29, effective September 10, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:22 Repealed.

12:10:02:22. Impounding of livestock.Repealed.

Source: 13 SDR 29, effective September 10, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:23 Grazing permit restrictions.

12:10:02:23. Grazing permit restrictions. If the holder of a South Dakota grazing permit moves livestock to locations other than those listed on the grazing permit, the livestock are subject to the ownership inspection laws of South Dakota. Grazing permits are valid for two calendar years.

Source: 13 SDR 29, effective September 10, 1986; 15 SDR 171, effective May 16, 1989.

General Authority: SDCL 40-18-16.

Law Implemented: SDCL 40-20-5.

Rule 12:10:02:24 Repealed.

12:10:02:24. Procedure for cattle shipped from qualified feedlot.Repealed.

Source: 13 SDR 29, effective September 10, 1986; repealed by SL 1987, ch 297, § 6, effective July 1, 1987.

12:10:02:25. Lifetime transportation permit for horses. The owner of a horse may apply for a lifetime transportation permit from the State Brand Board. The permit provides proof of ownership of the horse and is valid until the horse changes ownership, at which time the previous owner shall surrender the permit to the board or its authorized agent.

The permit requires an ownership inspection of the horse by an authorized inspector of the board prior to issuance. The fee to issue a permit is forty dollars.

The permit must contain a description of the horse denoting breed, color, sex, approximate weight, and any marks or brands, and the name and address of the owner. The person transporting the horse must possess the permit while transporting the horse.

Source: 18 SDR 116, effective January 12, 1992; 39 SDR 172, effective April 25, 2013; 51 SDR 58, effective November 28, 2024.

General Authority: SDCL 40-18-16, 40-20-4.1.

Law Implemented: SDCL 40-20-4.1.

Rule 12:10:02:25.01 Lifetime transportation permit -- Reciprocity for horses.

12:10:02:25.01. Lifetime transportation permit -- Reciprocity for horses. A valid lifetime transportation permit issued by a state where livestock ownership inspection is required may be accepted by the board as authorization for a person to leave the livestock ownership inspection area with the person's horse for purposes other than for sale or slaughter. A livestock inspector may, at the inspector's discretion, inspect the horse for ownership if the horse fails to match the description noted on the permit.

Source: 18 SDR 116, effective January 12, 1992.

General Authority: SDCL 40-18-16.

Law Implemented: SDCL 40-20-4.1.

Rule 12:10:02:26 Shipper's permit.

12:10:02:26. Shipper's permit. A shipper's permit is valid only for transporting livestock for purposes of sale or slaughter to a designated open market or to a slaughterhouse. The shipper's permit must contain the name and address of the shipper and owner, the name of the market or slaughterhouse destination, the date of the shipment, the name of the trucking firm transporting the livestock, and a statement agreeing not to divert the shipment of livestock to a place other than the listed destination. The permit must be signed by the shipper or owner and an authorized agent of the board.

The permit must be on a prenumbered form and must be made in triplicate. The original must be mailed immediately to the chief brand inspector. The second copy must be in the possession of the shipper. The third copy must be retained by the authorized agent.

If livestock arrive at an open market without a shipper's permit, the livestock may be sold; but the market must hold the proceeds of the sale until the proceeds are released by the chief brand inspector. The market brand inspector shall file a written report of the violation with the chief inspector and the board which contains the names and addresses of the shipper and the owner, date of shipment, and number of head of livestock involved.

Source: 15 SDR 33, effective August 31, 1988; 15 SDR 171, effective May 16, 1989; 19 SDR 195, effective July 1, 1993; 21 SDR 77, effective October 23, 1994.

General Authority: SDCL 40-18-16.

Law Implemented: SDCL 40-18-16, 40-20-7.

Cross-Reference: Applications for open market designation, § 12:10:02:01.

Rule 12:10:02:27 Repealed.

12:10:02:27. Market clearances.Repealed.

Source: 15 SDR 33, effective August 31, 1988; repealed, SL 1990, ch 328, § 2, effective July 1, 1990.

Rule 12:10:02:28 Annual horse and mule transportation permit.

12:10:02:28. Annual horse and mule transportation permit. A permit for the transportation of horses and mules that originate outside the South Dakota ownership inspection area is available from the board for a fee of three dollars. The permit allows the holder to transport horses and mules into and back out of the ownership inspection area for purposes other than sale or trade.

The permit shall be made in duplicate and must be prenumbered. The permit shall be on a form provided by the board.

The permit must be in the possession of the person transporting the horse or mule. A copy of the permit shall be forwarded to the board. The permit expires on December 31 of the year in which it is issued. The permit is not proof of ownership of the horse or mule.

Source: 15 SDR 33, effective August 31, 1988.

General Authority: SDCL 40-18-16.

Law Implemented: SDCL 40-20-4.1.

Rule 12:10:02:29 Lighting requirements for livestock ownership inspection during hours of darkness -- Approval of facilities.

12:10:02:29. Lighting requirements for livestock ownership inspection during hours of darkness -- Approval of facilities. Ownership inspection of livestock during hours of darkness is authorized when the minimum light where livestock ownership inspection is performed measures at least 70 footcandles at 36 inches above ground level and the facility has obtained board approval to conduct such inspections.

Facilities may be approved by the board for ownership inspection during hours of darkness when lighting conditions meet the criteria in this section. The board may issue a certificate of approval for display at the facility.

The owner of a facility approved by the board must arrange for nighttime inspections with the inspector. Ownership inspection of livestock during hours of darkness may be performed only when the lighted facilities, in the judgment of the livestock inspector, meet the minimum standards in this section.

Source: 15 SDR 53, effective October 9, 1988.

General Authority: SDCL 40-18-16, 40-21-6.

Law Implemented: SDCL 40-21-6.

Rule 12:10:02:30 Repealed.

12:10:02:30. Requirements for refusal to inspect.Repealed.

Source: 17 SDR 7, effective July 23, 1990; repealed by SL 1992, ch 288, § 12, effective July 1, 1992.

Rule 12:10:02:31 Repealed.

12:10:02:31. Inspection outside inspection area.Repealed.

Source: 17 SDR 7, effective July 23, 1990; repealed by SL 1992, ch 288, § 12, effective July 1, 1992.

12:10:02:32. Mileage fee. An inspector may collect the mileage fee set by SDCL 3-9-1 for each mile traveled to perform livestock ownership inspection. The mileage shall be based on the most accessible route to and from the inspector's duty station and the inspection site.

The inspector shall prorate the mileage fee equally among multiple livestock owners at one common inspection site.

Source: 19 SDR 195, effective July 1, 1993; 51 SDR 1, effective July 1, 2024.

General Authority: SDCL 40-18-16.

Law Implemented: SDCL 40-20-40.

Rule 12:10:02:33 Suspension or revocation of feedlot permit.

12:10:02:33. Suspension or revocation of feedlot permit. The board may suspend or revoke a registered feedlot permit if it determines that:

(1) The owner or manager of the facility fails to comply with the requirements of SDCL 40-20-32;

(2) The owner or manager fails to obtain an ownership inspection of livestock that leave the facility for purposes other than direct slaughter;

(3) The owner or manager fails to obtain a permit for cattle leaving the feedlot for slaughter as required by SDCL 40-20-35;

(4) The owner or manager fails to maintain inventory records and inspection certificates or refuses to allow an inspection of such records as required by SDCL 40-20-36; or

(5) The owner or manager violates any livestock ownership inspection laws in SDCL chapter 40-21.

Source: 21 SDR 77, effective October 23, 1994.

General Authority: SDCL 40-18-16, 40-20-33.

Law Implemented: SDCL 40-20-32, 40-20-33.

12:10:02:34. Application for permission to use out-of-state brand. A person may apply to the State Brand Board on a form provided by the board for permission to brand livestock in South Dakota with the person's out-of-state brand.

Source: 21 SDR 77, effective October 23, 1994; 51 SDR 58, effective November 28, 2024.

General Authority: SDCL 40-18-16.

Law Implemented: SDCL 40-19-10.1.

12:10:02:35. Requirements for branding calves with out-of-state brand. Calves born to cows imported for grazing or feeding purposes within the ownership inspection area may be branded with an out-of-state brand authorized by the board pursuant to § 12:10:02:34 if the following conditions are met:

(1) The cows and calves are inspected for ownership at branding time;

(2) The calves are branded with the owner's registered brand;

(3) The calves are less than three months old; and

(4) The brand is not a duplicate of or in conflict with a previously registered brand.

Source: 21 SDR 77, effective October 23, 1994; 51 SDR 58, effective November 28, 2024.

General Authority: SDCL 40-18-16.

Law Implemented: SDCL 40-19-1, 40-19-10.1.

12:10:02:36. Requirements for branding yearling stocker cattle with out-of-state brand. Yearling stocker cattle imported or purchased for feeding purposes within the ownership inspection area may be branded with an out-of-state brand authorized by the board pursuant to § 12:10:02:34 if the following conditions are met:

(1) An ownership inspection is made at branding time;

(2) The owner provides the inspector with proof of ownership of the cattle;

(3) The cattle are branded with the owner's registered brand; and

(4) The brand is not a duplicate of or in conflict with a previously registered brand.

Source: 21 SDR 77, effective October 23, 1994; 51 SDR 58, effective November 28, 2024.

General Authority: SDCL 40-18-16.

Law Implemented: SDCL 40-19-1, 40-19-10.1.

Rule 12:10:02:37 Estray livestock -- Cost of feeding and keeping.

12:10:02:37. Estray livestock -- Cost of feeding and keeping. If a timely claim is filed pursuant to SDCL 40-29-24, the board shall pay the claimant for the portion of the claim that the board determines to be valid pursuant to SDCL 40-29-26. In determining the validity of a claim, the board shall consider the prevailing per day cost for the feeding and keeping of similar livestock in the area where the estray was found, and the prevailing transportation cost in that area. No claim may be filed for a period in excess of 10 days unless the claimant kept the estray for a longer period of time at the request of the board or the sheriff.

Source: 26 SDR 169, effective June 27, 2000.

General Authority: SDCL 40-18-16.

Law Implemented: SDCL 40-29-24, 40-29-25, 40-29-26.

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