40-15-16. Auction agency services available without discrimination--Filing and posting of rate schedules--Rebates prohibited--Violation as petty offense.
Every livestock auction agency shall furnish its service to every person who requests it, without discrimination. Its rates shall be reasonable and nondiscriminating and shall be filed with the Animal Industry Board before a license is issued. The rates may be changed from time to time by filing new schedules with the board thirty days before they are to take effect. Rates shall be posted plainly, visibly, and conspicuously with the license on the premises. No livestock auction agency may rebate any service charge or render its services to anyone without charging the rate posted and filed. A violation of this section is a petty offense. Each violation is a separate offense.
Source: SDC 1939, §40.2006; SL 1977, ch 190, §492; SL 1990, ch 325, §251; SL 1992, ch 158, §90.
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.