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 40-15-32.1 – Grounds for revocation, suspension, or refusal to renew license.
40-15-32.1. Grounds for revocation, suspension, or refusal to renew license. The Animal Industry Board may revoke or may suspend an existing license or may refuse to renew a license if the holder or applicant: (1)Makes a material false statement in an application for a license or testifies falsely on behalf of such application; (2)Misuses, withdraws, […]
Section 40-15-32.2 – Board authorized to assume control of funds when agency’s license revoked.
40-15-32.2. Board authorized to assume control of funds when agency’s license revoked. If a livestock auction agency’s license is relinquished, revoked, or suspended by the Animal Industry Board, subject to applicable federal law, the Animal Industry Board may assume control of any account and funds described in §40-15-31, including collection of any deposit items, identification […]
Section 40-15-33 – Appeal to circuit court from revocation or suspension of license.
40-15-33. Appeal to circuit court from revocation or suspension of license. Any licensee aggrieved at the revocation or suspension of the license may appeal from the decision to the circuit court of this state for the county in which the agency was located, licensed, and operated, at any time within sixty days after notice of […]
Section 40-15-28 – Records open to inspection–Preservation–Copies furnished.
40-15-28. Records open to inspection–Preservation–Copies furnished. The records required by §40-15-27 shall be open for inspection at any reasonable time to any person interested as prescribed by the Animal Industry Board in rules promulgated pursuant to chapter 1-26 to fulfill the intent of this chapter. Every livestock auction agency shall keep and preserve all records […]