South Dakota Codified Laws
Chapter 15 - Livestock Auction Agencies
Section 40-15-36 - Enforcement of chapter--Orders, rules, and regulations--Publication and posting.

40-15-36. Enforcement of chapter--Orders, rules, and regulations--Publication and posting.
The Animal Industry Board shall enforce the provisions of this chapter and may promulgate rules pursuant to chapter 1-26 concerning:
(1)The licensure of livestock auction agencies;
(2)The requirements for facilities;
(3)The handling of any animal found to be affected with any infectious, contagious, or transmissible disease;
(4)The requirements for inspecting, examining, and testing of livestock passing through a livestock auction agency;
(5)The reporting and record keeping requirements for livestock auction agencies; and
(6)Procedures for the consideration, processing, and payment of claims from bond proceeds and, if a livestock auction agency's license is relinquished, revoked or suspended, procedures for the collection of deposit items, processing of claims to the funds, and payment of valid claims in accordance with §§40-15-10 and 40-15-32.2.
Such rules shall be sent to each licensed auction agency, there to be posted by such agency plainly, visibly, and conspicuously, and with the license on the premises so as to be available to any person using the service of such agency.

Source: SDC 1939, §40.2010; SL 1986, ch 326, §88; SL 1990, ch 325, §272; SL 2002, ch 191, §4.

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.