40-15-23. Inspection in manner prescribed by Animal Industry Board or federal government. The veterinary inspector provided for in §40-15-19 shall perform and report the inspection and examination of livestock in the manner prescribed by the Animal Industry Board or the animal disease eradication branch in all interstate shipments of livestock. Source: SDC 1939, §40.2007; SL […]
40-15-24. Veterinary inspector supervised by animal industry board–Discontinuance for failure to perform–Supervising veterinarians. The service and duties of the veterinary inspector provided for in §40-15-19 shall be under the direction and supervision of the Animal Industry Board, and the inspector shall be discontinued at the agency if he fails to perform the services and duties […]
40-15-25. Auction agency not liable for negligence of inspector–Inspector not agent of agency. No livestock auction agency is liable for the negligent acts of any veterinary inspector, nor may any such veterinary inspector be considered an agent of the livestock auction agency. Source: SDC 1939, §40.9926 as added by SL 1957, ch 203, §4; SL […]
40-15-26. Responsibility for inspection of livestock before shipment from auction agency–Certificate to comply with requirements at destination. The livestock auction agency shall ensure that any livestock passing through a livestock auction agency for interstate or intrastate traffic, are inspected, examined, and tested before being removed from the premises as required by the state of destination. […]
40-15-27. Records of livestock agency–Contents–Violation as petty offense. Every livestock agency shall keep complete records as prescribed by the Animal Industry Board in rules promulgated pursuant to chapter 1-26. Such information may include the names of all persons or organizations bringing to or offering livestock for sale at the agency and a description of the […]
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 […]
40-15-29. Revocation or suspension of license for failure to keep records. Failure to comply with any of the provisions of §§40-15-27 and 40-15-28 is cause for revocation or suspension of the agency license as the Animal Industry Board may decide. Source: SDC 1939, §40.2004; SL 1990, ch 325, §264.
40-15-3. Application for auction agency license–Contents. All applications for a license to operate a livestock auction agency shall be made in writing to the Animal Industry Board in the form prescribed by the board and shall contain: (1)The name and addresses of the applicant and all persons having any financial interest in the application and […]
40-15-30. Uniform accounting system for agencies. All livestock auction agencies shall maintain a uniform accounting system as prescribed by the Animal Industry Board. Source: SDC 1939, §40.2008; SL 1955, ch 141, §2; SL 1990, ch 325, §265.
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 […]
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 […]
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.
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 […]
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, […]
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 […]
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 […]
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 […]
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.
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; […]
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 […]
