40-15-10. Bond required to operate auction agency--Terms of bond--Approval--Amount--Violation as misdemeanor.
No person may operate a livestock auction agency without first filing with the Animal Industry Board a corporate surety bond as required under the provisions of the Federal Packers and Stockyard Act, 1921, as amended to January 1, 2002, for livestock agencies selling on commission. The bond shall be filed with the Animal Industry Board and a certified copy thereof shall be filed with the chief of the Packers and Stockyards Division of the United States Department of Agriculture. The obligee of the bond is the Animal Industry Board with the executive secretary thereof as trustee, with full power and authority to consider claims and pay valid claims from bond proceeds, subject to applicable federal law. The bond shall be for the benefit of all persons sustaining loss which may be covered by the obligation of the bond. The bond shall be approved by the Animal Industry Board as to its sufficiency and by the attorney general as to form prior to filing. The amount of the bond may not be less than twenty thousand dollars. Any person who operates a livestock auction agency in violation of this section is guilty of a Class 1 misdemeanor.
Source: SDC 1939, §40.2003; SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170; SL 1977, ch 190, §491; SL 1990, ch 325, §246; SL 2002, ch 191, §2.
Structure South Dakota Codified Laws
Title 40 - Animals and Livestock
Chapter 15 - Livestock Auction Agencies
Section 40-15-1 - Business constituting livestock auction agency--Exceptions.
Section 40-15-1.1 - Buying stations subject to chapter.
Section 40-15-1.2 - "Mobile market" defined.
Section 40-15-1.3 - "Livestock" defined.
Section 40-15-3 - Application for auction agency license--Contents.
Section 40-15-5 - Publication and public notice of application for license.
Section 40-15-6 - Hearing on application for license--Issuance on finding of conformity.
Section 40-15-7 - Factors considered in determining whether to issue license.
Section 40-15-8 - Annual fee for issuance or renewal of license.
Section 40-15-9 - Notice and hearing dispensed with on renewal of license.
Section 40-15-12 - Action on auction agency bond.
Section 40-15-13.1 - Approved scales to be used.
Section 40-15-13.2 - Promulgation of rules--Scales--Fees.
Section 40-15-14 - Rules specifying facilities needed by veterinary inspector.
Section 40-15-15 - Separate pens for segregation of diseased animals--Marking of quarantine pens.
Section 40-15-17 - Minimum inspection fees established by Animal Industry Board.
Section 40-15-18 - Inspection fees paid to Animal Industry Board.
Section 40-15-20 - Inspection of livestock by veterinarian--Compensation from fees collected.
Section 40-15-21 - Testing and treatment required before removal of animal from auction agency.
Section 40-15-23 - Inspection in manner prescribed by Animal Industry Board or federal government.
Section 40-15-27 - Records of livestock agency--Contents--Violation as petty offense.
Section 40-15-28 - Records open to inspection--Preservation--Copies furnished.
Section 40-15-29 - Revocation or suspension of license for failure to keep records.
Section 40-15-30 - Uniform accounting system for agencies.
Section 40-15-31.1 - Electronic auction--Regulation--Licensure.
Section 40-15-31.2 - Electronic auction--Delivery.
Section 40-15-32.1 - Grounds for revocation, suspension, or refusal to renew license.
Section 40-15-32.2 - Board authorized to assume control of funds when agency's license revoked.
Section 40-15-33 - Appeal to circuit court from revocation or suspension of license.
Section 40-15-35.1 - Animal Industry Board allowed to apply for injunction.
Section 40-15-36 - Enforcement of chapter--Orders, rules, and regulations--Publication and posting.
Section 40-15-38 - Use of livestock disease emergency fund--Authorization by Governor required.
Section 40-15-39 - "Livestock fraud" defined--Evidence--Felony.