40-19-7. Rejection of brands by board--Grounds--Composition of brands--Location on animal as part of brand.
The board shall reject any brands formed from any letter, number, or symbol which is a duplicate of, or in conflict with, any brand previously registered for that location on an animal. Any brand approved for registration shall be composed from the combination of no less than two and no more than three letters, numbers, or symbols, except for sheep. Only the following may be accepted for registration:
(1)Letters A to P and R to Z, in the plain gothic style of print;
(2)Arabic numerals from two to nine, inclusive;
(3)Symbols, including diamond, half diamond, arrow, mill iron, heart, box, half box, quarter circle, bar, cross, triangle, or slash;
(4)Character brands that were cancelled by the board for nonrenewal, but only if registered by the person who owned the brand at the time it was cancelled, or if the person is deceased, by the spouse or by the lineal descendants of the person.
Any brand that is similar to any previously registered brand or that in the board's determination could be changed to resemble a previously registered brand may be rejected. Location of a brand on an animal is construed as part of the brand. A variation in the size of a letter, number, or figure does not constitute a new brand and shall be rejected.
Source: SDC 1939, §40.1209; SL 1951, ch 199, §2; SL 1984, ch 269, §5; SL 1988, ch 328, §25; SL 2006, ch 212, §1; SL 2007, ch 234, §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.