South Dakota Codified Laws
Chapter 21 - Brand Inspection And Theft Prevention
Section 40-21-5 - Designation of open market for livestock--Promulgation of rules--Open market agreement.

40-21-5. Designation of open market for livestock--Promulgation of rules--Open market agreement.
To facilitate the inspection of livestock and the enforcement of chapters 40-18 to 40-22, inclusive, any livestock market, slaughter facility, or inspection point, whether within or without the State of South Dakota, that meets the criteria established by the board may be designated by the board as an open market. The board shall establish criteria for designating an open market and for revoking open market status by rules promulgated pursuant to chapter 1-26. Criteria may include distance from the livestock ownership inspection area, the number of head inspected annually, compliance by the market with ownership inspection laws, adequacy of the facilities, economic feasibility, and compliance with the open market agreement. Any livestock market, slaughter facility, or inspection point designated as an open market by the board shall enter into an open market agreement with the board on such terms and conditions as may be necessary for proper brand inspection in accordance with the brand inspection laws and regulations of this state and of the state in which the livestock market, slaughter facility, or inspection point is located.

Source: SL 1943, ch 142, §7; SL 1945, ch 172, §1; SDC Supp 1960, §40.12A02; SL 1988, ch 328, §79; SL 1993, ch 308; SL 2008, ch 214, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 40 - Animals and Livestock

Chapter 21 - Brand Inspection And Theft Prevention

Section 40-21-3.1 - Transporting cattle, horses, mules, sheep, buffalo, or carcasses without owner's permit prohibited--Contents of permit--Written statement in lieu of permit--Violation as misdemeanor.

Section 40-21-5 - Designation of open market for livestock--Promulgation of rules--Open market agreement.

Section 40-21-6 - Inspections made between sunrise and sunset--Rules regulating inspection during hours of darkness.

Section 40-21-7 - Inspection fee for livestock--Receipt--Charge on entire consignment.

Section 40-21-8 - Deposit of fees collected by inspecting agency--Monthly report of fees and expenses.

Section 40-21-9 - Fees paid into livestock ownership inspection and theft prevention fund--Purposes for which used.

Section 40-21-10 - Proof of ownership required for livestock not bearing seller's brand.

Section 40-21-11 - Proof of ownership required for livestock bearing more than one brand.

Section 40-21-12 - Holding or sale of livestock or proceeds on failure to establish ownership--Financial responsibility of selling agent--Civil suit--Discretion of inspector--Disposition of proceeds without board's release as misdemeanor.

Section 40-21-12.1 - Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor.

Section 40-21-14 - Time allowed for establishment of ownership after sale of animal--Sale price paid to owner.

Section 40-21-15 - Failure of seller to establish ownership--Sale proceeds paid to board--Account of sale.

Section 40-21-16 - Separate fund for sale proceeds of undetermined ownership held by board--Period for which held--Payment to owner on proof of ownership.

Section 40-21-17 - Sale proceeds of undetermined ownership escheat to board--Deposit in ownership inspection and theft prevention fund when ownership not established.

Section 40-21-19 - Delegation of board powers to livestock inspection agency.

Section 40-21-20 - Enforcement of rules.

Section 40-21-21 - Forgery, alteration, or misrepresentation of inspection certificate, market clearance, bill of sale, or permit as felony.

Section 40-21-22.1 - Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.

Section 40-21-23 - Venue of offenses.

Section 40-21-24 - Reward authorized--Funding.

Section 40-21-25 - Rendering establishments exempt from provisions governing transport of hides and carcasses.