40-33-12. Civil action on wholesale dealer's bond--Approval by secretary required.
If settlement is not effected within the time allowed by §40-33-11, either party, if aggrieved by any condition of the bond, may, upon first obtaining the approval of the secretary of agriculture and natural resources, commence and maintain an action against the principal and sureties on the bond of the party complained of as in any civil action, provided, no action against the bondsmen of a dealer at wholesale shall in any instance be maintained without the written approval of the secretary, which shall be attached to and made a part of the original complaint in the action. Upon commencing the action a copy thereof shall be filed in the office of the secretary.
Source: SL 1955, ch 5, §5; SDC Supp 1960, §4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 40 - Animals and Livestock
Chapter 33 - Dealers In Poultry Eggs And Dairy Products
Section 40-33-1 - Definition of terms.
Section 40-33-2 - Business constituting dealing at wholesale.
Section 40-33-3 - Producer not deemed dealer at wholesale.
Section 40-33-4 - Resident paying cash for purchases not deemed dealer at wholesale.
Section 40-33-5 - Cooperatives not deemed dealers at wholesale.
Section 40-33-7 - Bond required of dealer at wholesale--Terms of bond.
Section 40-33-8 - Additional bond required when wholesale dealer's bond inadequate.
Section 40-33-10 - Complaint to secretary of damage from breach of bond conditions.
Section 40-33-12 - Civil action on wholesale dealer's bond--Approval by secretary required.
Section 40-33-13 - Record of hearing as evidence.
Section 40-33-14 - Apportionment of bond proceeds when insufficient to satisfy claims.
Section 40-33-17 - Suspension or revocation of license on violation of this chapter.