Section 40-15-34 – Operation of auction agency without license as misdemeanor–Each day as separate offense.
40-15-34. Operation of auction agency without license as misdemeanor–Each day as separate offense. Any person who operates as a livestock agency without the license required by this chapter or while such license has been suspended is guilty of a Class 2 misdemeanor. Each day of operation constitutes a separate offense. Source: SDC 1939, §40.9926 as […]
Section 40-15-35.1 – Animal Industry Board allowed to apply for injunction.
40-15-35.1. Animal Industry Board allowed to apply for injunction. The Animal Industry Board may apply for an injunction in any court of competent jurisdiction to restrain any violation of chapter 40-15 or 40-16. Source: SL 1988, ch 327; SL 1990, ch 325, §271.
Section 40-15-36 – Enforcement of chapter–Orders, rules, and regulations–Publication and posting.
40-15-36. Enforcement of chapter–Orders, rules, and regulations–Publication and posting. The Animal Industry Board shall enforce the provisions of this chapter and may promulgate rules pursuant to chapter 1-26 concerning: (1)The licensure of livestock auction agencies; (2)The requirements for facilities; (3)The handling of any animal found to be affected with any infectious, contagious, or transmissible disease; […]
Section 40-15-37 – Disposition of fees–Apportionment between disease emergency fund and inspectors fund.
40-15-37. Disposition of fees–Apportionment between disease emergency fund and inspectors fund. The license and renewal fees and the inspection fees shall be paid by the livestock auction agency to the Animal Industry Board and by it remitted to the state treasurer within thirty days after receipt. The state treasurer shall issue a receipt for the […]
Section 40-15-38 – Use of livestock disease emergency fund–Authorization by Governor required.
40-15-38. Use of livestock disease emergency fund–Authorization by Governor required. The Animal Industry Board shall deposit all funds collected by it to the credit of a fund to be known as the livestock disease emergency fund in the Office of the State Treasurer as provided by §40-15-37. The livestock disease emergency fund shall be available […]
Section 40-15-39 – “Livestock fraud” defined–Evidence–Felony.
40-15-39.”Livestock fraud” defined–Evidence–Felony. Any person who purchases livestock from a livestock auction agency, as defined in this chapter, with intent to defraud is guilty of livestock fraud. The failure of such purchaser to tender payment in full within four days of the date of purchase, is prima facie evidence of intent to defraud. Livestock fraud […]
Section 40-15-31 – Segregation and safeguarding of customers’ funds by auction agency–Misuse of funds as felony.
40-15-31. Segregation and safeguarding of customers’ funds by auction agency–Misuse of funds as felony. No livestock auction agency may make such use or disposition of funds in its possession or control as endangers or impairs the faithful and prompt accounting for any payment or such portion thereof as may be due the owner or consignor […]
Section 40-15-31.1 – Electronic auction–Regulation–Licensure.
40-15-31.1. Electronic auction–Regulation–Licensure. The term, electronic auction, refers to computer-accessible auctions where livestock are bought and sold through public auction. The Animal Industry Board shall regulate electronic auctions. Any livestock auction agency licensed under this chapter may also be licensed to operate electronic auctions of livestock for immediate slaughter if the application and licensure procedures […]
Section 40-15-31.2 – Electronic auction–Delivery.
40-15-31.2. Electronic auction–Delivery. Livestock sold by electronic auction not delivered directly from the farm of origin to a United States Department of Agriculture or state inspected slaughter establishment may pass only through a United States Department of Agriculture approved stockyard for all classes of livestock. Source: SL 1997, ch 230, §2.
Section 40-15-32 – Revocation or suspension of license for violations–Effect of revocation or suspension.
40-15-32. Revocation or suspension of license for violations–Effect of revocation or suspension. The Animal Industry Board may revoke or suspend for such time as it deems necessary the license of any livestock auction agency for any violation of the provisions of §40-15-32.1. If a license is revoked, the licensee may not engage in the business […]