40-19-10.1. Permit required for cattle branded with out-of-state brand--Cattle purchased for export--Violation as misdemeanor.
No person may bring cattle branded with a brand registered in another state into the ownership inspection area for grazing or feeding purposes without a permit authorized by the board. If the brand is a duplicate of or conflicts with a brand issued pursuant to this chapter, a permit may only be issued at the discretion of the board. No permit is required if the cattle are rebranded with a brand registered pursuant to this chapter. The application for a permit shall be on a form approved by the board and shall be signed by the owner of the cattle. Any calves born to cattle which are subject to the permit may be branded with the out-of-state brand upon prior written notice to the board. The calves shall be added to the permit. No cattle or calves subject to the permit may be removed from the ownership inspection area, sold, or slaughtered without an ownership inspection.
No person may brand any cattle imported into or purchased within the ownership inspection area for feeding purposes with a brand registered in another state without a permit authorized by the board. No permit may be issued if the brand is a duplicate of or conflicts with a brand issued pursuant to this chapter. The application for a permit shall be signed by the owner of the cattle. No cattle subject to the permit may be removed from the ownership inspection area, sold, or slaughtered without an ownership inspection.
Cattle purchased at a licensed livestock auction market in the ownership inspection area may be branded with the owner's out-of-state brand if the cattle are branded at the market, are purchased for export from the state within two calendar days of purchase, and an authorization form is obtained from the board prior to branding the cattle.
A violation of this section is a Class 1 misdemeanor.
Source: SL 2006, ch 213, §1; SL 2009, ch 203, §1.
Structure South Dakota Codified Laws
Title 40 - Animals and Livestock
Chapter 19 - Brand Registration And Use
Section 40-19-1 - Use of unregistered brand as misdemeanor.
Section 40-19-2 - Exclusive right to use brand after registration.
Section 40-19-2.1 - Placement of brand.
Section 40-19-4 - Filing of application for brand--Facsimile included.
Section 40-19-5 - Application form--Notice if brand recordable--Fees.
Section 40-19-6 - Registration of brand--Certificate of registration.
Section 40-19-9 - Rejection of brand adding symbol to existing brand--Exception.
Section 40-19-12 - Five-year renewal of brands--Renewal fee.
Section 40-19-13 - Abandonment of brand by failure to renew.
Section 40-19-13.1 - Cancellation of certificate paid for with bad check.
Section 40-19-14 - Rerecording of cancelled brand by previous owner.
Section 40-19-16 - Replacement of lost or destroyed certificate--Affidavit--Fee.
Section 40-19-17 - Cancellation of brand conflicting with previous brand.
Section 40-19-18 - Cancellation of brand used for felony or theft.
Section 40-19-19 - Replacement brand for canceled brand--Application--No assessment of fee.
Section 40-19-21 - Unlawful use of brand as misdemeanor.
Section 40-19-22 - Fees paid into brand fund--Purposes for which used.
Section 40-19-23.1 - Brand board activities.