40-15-7.Factors considered in determining whether to issue license.
In determining whether a license to operate a livestock auction agency should be granted or denied, the Animal Industry Board shall give reasonable consideration to:
(1)The ability of the applicant to comply with the Federal Packers and Stockyard Act, as amended (7 U.S. C. §181 et seq.) and the rules of the Animal Industry Board;
(2)The continuing financial stability, business integrity, and fiduciary responsibility of the applicant;
(3)The livestock industry marketing benefits to be derived from the establishment and operation of the livestock auction agency proposed in the application;
(4)The adequacy of the facilities set forth to permit the performance of livestock agency services proposed in the application;
(5)Whether the proposed livestock auction agency would be permanent and continuous.
Source: SDC 1939, §40.2002 as added by SL 1961, ch 204, §2; SL 1990, ch 325, §243.
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.