AN ACT
ENTITLED, An Act to
revise certain provisions related to livestock brands and livestock ownership
inspection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 40-18-1.2 be amended by adding thereto a NEW SUBDIVISION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 40-18-1.2 be amended by adding thereto a NEW SUBDIVISION to read as follows:
"Process," to cut and wrap a livestock carcass for human consumption.
Section 2. That § 40-19-3 be amended to read as follows:
40-19-3. 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.
Section 2. That § 40-19-3 be amended to read as follows:
40-19-3. 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.
Section 3. That § 40-20-26.2 be amended to read as follows:
40-20-26.2. 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
Section 3. That § 40-20-26.2 be amended to read as follows:
40-20-26.2. 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.
Section 4. That § 40-20-29 be amended to read as follows:
40-20-29. 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.
Section 5. That § 40-22-6 be repealed.
Section 6. That § 40-22-12 be amended to read as follows:
40-22-12. Any person slaughtering or processing livestock outside the ownership inspection area shall, upon demand of any law enforcement officer, provide names and dates of persons who delivered livestock for slaughter that may have originated from within the ownership inspection area.
An Act to revise certain provisions related to livestock brands and livestock ownership inspection.
Section 4. That § 40-20-29 be amended to read as follows:
40-20-29. 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.
Section 5. That § 40-22-6 be repealed.
Section 6. That § 40-22-12 be amended to read as follows:
40-22-12. Any person slaughtering or processing livestock outside the ownership inspection area shall, upon demand of any law enforcement officer, provide names and dates of persons who delivered livestock for slaughter that may have originated from within the ownership inspection area.
An Act to revise certain provisions related to livestock brands and livestock ownership inspection.
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I certify that the attached Act originated in the
HOUSE as
Bill
No.
1019
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____________________________
Chief Clerk
Chief Clerk
____________________________
Speaker of the House
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
House
Bill
No.
1019
File No. ____
Chapter No. ______=========================
Received at this Executive Office this _____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
