South Dakota Codified Laws
Chapter 15 - Livestock Auction Agencies
Section 40-15-3 - Application for auction agency license--Contents.

40-15-3. Application for auction agency license--Contents.
All applications for a license to operate a livestock auction agency shall be made in writing to the Animal Industry Board in the form prescribed by the board and shall contain:
(1)The name and addresses of the applicant and all persons having any financial interest in the application and the amount of such interest;
(2)Financial responsibility of the applicant in the form of a statement of assets and liabilities;
(3)A legal description of the property and its location together with a description of the facilities proposed to be used in the operation of such livestock auction agency;
(4)A statement of the facts upon which the applicant relies, the benefits to be derived by the livestock industry and the services proposed to be rendered regularly through the year;
(5)Applicant's experience in the livestock industry including any past operation of a livestock auction agency.

Source: SDC 1939, §40.2002 as added by SL 1961, ch 204, §2; SL 1990, ch 325, §239.

Structure South Dakota Codified Laws

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 40-15-2 - License required for auction agency--Display at place of sales--Violation as petty offense.

Section 40-15-3 - Application for auction agency license--Contents.

Section 40-15-4 - Hearing on application for license--Notice to livestock associations of application.

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 40-15-10 - Bond required to operate auction agency--Terms of bond--Approval--Amount--Violation as misdemeanor.

Section 40-15-11 - Cancellation of auction agency bond by surety--New bond before continuing business.

Section 40-15-12 - Action on auction agency bond.

Section 40-15-13 - Livestock handling and testing facilities required for auction agency license--Revocation or suspension if facilities inadequate or unsanitary.

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 40-15-16 - Auction agency services available without discrimination--Filing and posting of rate schedules--Rebates prohibited--Violation as petty offense.

Section 40-15-17 - Minimum inspection fees established by Animal Industry Board.

Section 40-15-18 - Inspection fees paid to Animal Industry Board.

Section 40-15-19 - Inspection service to be provided at auction agency--Veterinarian employed by board--Qualifications--Assistant veterinarian--Violation as petty offense.

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 40-15-22 - Veterinary inspection of premises and equipment--Supervision of cleaning of facilities and vehicles.

Section 40-15-23 - Inspection in manner prescribed by Animal Industry Board or federal government.

Section 40-15-24 - Veterinary inspector supervised by animal industry board--Discontinuance for failure to perform--Supervising veterinarians.

Section 40-15-25 - Auction agency not liable for negligence of inspector--Inspector not agent of agency.

Section 40-15-26 - Responsibility for inspection of livestock before shipment from auction agency--Certificate to comply with requirements at destination.

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 - Segregation and safeguarding of customers' funds by auction agency--Misuse of funds as felony.

Section 40-15-31.1 - Electronic auction--Regulation--Licensure.

Section 40-15-31.2 - Electronic auction--Delivery.

Section 40-15-32 - Revocation or suspension of license for violations--Effect of revocation or suspension.

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 40-15-34 - Operation of auction agency without license as misdemeanor--Each day as separate offense.

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 40-15-37 - Disposition of fees--Apportionment between disease emergency fund and inspectors fund.

Section 40-15-38 - Use of livestock disease emergency fund--Authorization by Governor required.

Section 40-15-39 - "Livestock fraud" defined--Evidence--Felony.