South Dakota Codified Laws
Chapter 19 - Brand Registration And Use
Section 40-19-3 - Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep.

40-19-3. Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep.
The branding of cattle, horses, mules, and buffalo shall be done by use of a hot iron. A freeze brand may, however, be applied to horses and mules. A single letter, number, figure, bar, quarter circle, half circle, or complete circle, or a half diamond, or complete diamond placed on livestock are unrecordable brands under this chapter, including new split-brands. However, presently recorded brands are valid as long as fees are paid and there is no conflict with board policy.
A single letter, symbol, or number brand is recordable for sheep. A sheep brand shall be either a hot iron brand or shall be applied with branding paint. No more than two colors or one color and a hot iron brand may be recorded for sheep under one application fee. Authorized paint colors are yellow, blue, green, black, red, or purple. No dot, bar, slash, quarter circle, circle, or the letter "Q" may be registered as a sheep brand. A brand may be recorded for the side, hip, nose, or jaw on either the left or right side of sheep. No brand may be recorded as "across the back" of a sheep. A sheep brand, regardless of position, is only recordable in a different color on the same location.

Source: SDC 1939, §40.1208; SL 1951, ch 199, §1; SL 1984, ch 269, §4; SL 1987, ch 296, §2; SL 1988, ch 328, §21; SL 1998, ch 251, §1; SL 2002, ch 190, §2.

Structure South Dakota Codified Laws

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 40-19-3 - Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep.

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 40-19-7 - Rejection of brands by board--Grounds--Composition of brands--Location on animal as part of brand.

Section 40-19-9 - Rejection of brand adding symbol to existing brand--Exception.

Section 40-19-10.1 - Permit required for cattle branded with out-of-state brand--Cattle purchased for export--Violation as misdemeanor.

Section 40-19-11 - Registration of brands approved--Preservation of applications on certificates--Registration and renewal fees.

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 40-19-20 - Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor.

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 - Administrative expenses paid from brand fund--Vouchers and warrants--Publication and sale of brand books and supplements.

Section 40-19-23.1 - Brand board activities.

Section 40-19-24 - Registered brand as prima facie evidence of ownership--Copy of register as proof of brand.

Section 40-19-25 - Misuse or alteration of brand as felony.

Section 40-19-26 - Property rights unimpaired.