40-15-1. Business constituting livestock auction agency–Exceptions. Any person operating a place of business where livestock are bought and sold through public auction, including livestock buying stations not buying and selling through public auction, is a livestock auction agency, except any place or operation where future farmers or 4-H groups or fair associations or private fairs […]
40-15-1.1. Buying stations subject to chapter. The term, livestock buying station, refers to any person who buys, sells, or solicits livestock for the purpose of resale within the State of South Dakota, whether such livestock are raised in the state or brought into South Dakota from another state. However, any person who sells only livestock […]
40-15-1.2.”Mobile market” defined. The term, livestock mobile market refers to any livestock auction agency conducted with mobile facilities as necessary for the receiving, handling, and care of livestock consigned or entrusted to it for sale and sold competitively by means of the marketing and merchandising services it renders. Source: SL 1970, ch 232, §3; SL […]
40-15-1.3.”Livestock” defined. For purposes of this chapter, the term, livestock, means cattle, sheep, horses, mules, swine, goats, and buffalo. Source: SL 2002, ch 191, §1.
40-15-10. Bond required to operate auction agency–Terms of bond–Approval–Amount–Violation as misdemeanor. No person may operate a livestock auction agency without first filing with the Animal Industry Board a corporate surety bond as required under the provisions of the Federal Packers and Stockyard Act, 1921, as amended to January 1, 2002, for livestock agencies selling on […]
40-15-11. Cancellation of auction agency bond by surety–New bond before continuing business. The bond required by §40-15-10 may be canceled by the surety thereon by not less than thirty days’ prior written notice to the Animal Industry Board and such cancellation does not in any manner affect the liability of the surety as to anything […]
40-15-12. Action on auction agency bond. Action may be brought by any person upon the bond required by §40-15-10 without the necessity of joining the State of South Dakota or securing leave therefor. Source: SDC 1939, §40.2003 as added by SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170.
40-15-13. Livestock handling and testing facilities required for auction agency license–Revocation or suspension if facilities inadequate or unsanitary. Every livestock auction agency shall provide adequate facilities for care, sorting, feeding, and handling of livestock and for proper inspection, examination, and testing for disease according to specifications determined by the Animal Industry Board. No license shall […]
40-15-13.1. Approved scales to be used. No livestock subject to this chapter may be weighed on any scale, except a livestock scale certified by the Division of Commercial Inspection and Licensing approved for purposes of this chapter. Source: SL 1970, ch 231; SL 2004, ch 17, §293.
40-15-13.2. Promulgation of rules–Scales–Fees. The board shall promulgate rules pursuant to chapter 1-26 to ensure: (1)That livestock for immediate slaughter sold on a carcass basis are weighed on livestock scales certified by the United States Packers and Stockyards Administration for weighing livestock on a carcass basis; (2)That livestock for immediate slaughter sold on a live […]
40-15-14. Rules specifying facilities needed by veterinary inspector. The Animal Industry Board may promulgate rules pursuant to chapter 1-26 to require the maintenance or installation of facilities such as the paving of alleys or holding pens, squeeze chutes, and quarters for the veterinary inspector that are reasonably necessary to test or treat cattle for disease. […]
40-15-15. Separate pens for segregation of diseased animals–Marking of quarantine pens. Each livestock auction agency shall maintain one or more pens separate and apart from other pens for the purpose of holding animals consigned to the sales that show symptoms of any contagious, communicable, or infectious disease and for cattle branded and tagged as brucellosis […]
40-15-16. Auction agency services available without discrimination–Filing and posting of rate schedules–Rebates prohibited–Violation as petty offense. Every livestock auction agency shall furnish its service to every person who requests it, without discrimination. Its rates shall be reasonable and nondiscriminating and shall be filed with the Animal Industry Board before a license is issued. The rates […]
40-15-17. Minimum inspection fees established by Animal Industry Board. The livestock auction agencies shall collect fees for inspection and examination of livestock as provided in this chapter which may not be less than the minimum established by the Animal Industry Board. Source: SDC 1939, §40.2002 as added by SL 1957, ch 203, §1; SL 1961, […]
40-15-18. Inspection fees paid to Animal Industry Board. The Animal Industry Board shall collect from all livestock auction agencies, all fees collected by the agency for the inspection required by §§40-15-19 to 40-15-25, inclusive. Source: SDC 1939, §40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, §1; SL 1957, ch 203, […]
40-15-19. Inspection service to be provided at auction agency–Veterinarian employed by board–Qualifications–Assistant veterinarian–Violation as petty offense. Every livestock auction agency shall be provided with inspection and examination to determine evidence of disease in any livestock handled on the premises. Such examination and inspection shall be made by a veterinarian who has been recommended by the […]
40-15-2. License required for auction agency–Display at place of sales–Violation as petty offense. No livestock auction agency may operate without a license, which shall always be displayed at a conspicuous place on the premises where sales are conducted. A violation of this section is a petty offense. Each day of violation is a separate offense. […]
40-15-20. Inspection of livestock by veterinarian–Compensation from fees collected. The veterinarian employed pursuant to §40-15-19 shall inspect and examine all livestock handled on the premises to determine evidence of disease. The veterinarian so employed shall be paid by the Animal Industry Board with ninety percent of the fees collected for such inspection, as provided in […]
40-15-21. Testing and treatment required before removal of animal from auction agency. The Animal Industry Board may require the testing or treatment of any animal before being removed from any auction agency, by methods prescribed by such board, if deemed necessary for protection of the health of livestock within the state. Source: SDC 1939, §40.2007; […]
40-15-22. Veterinary inspection of premises and equipment–Supervision of cleaning of facilities and vehicles. The veterinary inspector provided for in §40-15-19 shall examine all premises and equipment used in handling livestock at the agency and shall direct and supervise the cleaning and disinfection of such premises and equipment with the object of maintaining such premises in […]
