40-15B-1. Definitions. Terms used in §§40-15B-1 to 40-15B-8, inclusive, mean: (1)”Livestock,” live cattle, swine, or sheep; (2)”Packer,” a person who is engaged in the business of slaughtering livestock or receiving, purchasing, or soliciting livestock for slaughtering, the meat products of which are directly or indirectly to be offered for resale or for public consumption. Packer […]
40-15B-2. Price discrimination by packer prohibited–Exemption. A packer purchasing or soliciting livestock for slaughter in this state may not discriminate in prices paid or offered to be paid to sellers of that livestock. This section does not apply to the sale and purchase of livestock if the following requirements are met: (1)The price differential is […]
40-15B-3. Terms and conditions to be uniform. A packer shall provide all sellers with the same terms and conditions offered to a seller who receives a differential price based on any of the criteria described in §40-15B-2. Source: SL 1999, ch 204, §3.
40-15B-4. Packer to report prices paid. A packer shall, at the end of each day during which livestock are purchased or contracted, provide to the United States Department of Agriculture, agricultural market service livestock market news branch, and the South Dakota Department of Agriculture and Natural Resources, all prices paid for livestock, both contract and […]
40-15B-5. Agreements in violation of provisions voidable–Violation as fraudulent. Any agreement made by a packer in violation of §§40-15B-1 to 40-15B-8, inclusive, is voidable. Any packer acting in violation of this section is guilty of a fraudulent practice. Source: SL 1999, ch 204, §5.
40-15B-6. Attorney general to enforce provisions–Action to restrain violation–Civil action–Treble damages. The attorney general shall enforce the provisions of §§40-15B-1 to 40-15B-8, inclusive, and the Department of Agriculture and Natural Resources shall refer any violations of these provisions to the attorney general. The attorney general or any person injured by a violation of these provisions […]
40-15B-7. Packer to make available daily report of prices paid–Forms–Seller’s identity not to be revealed–Penalties for violation. Any packer shall make available for publication and to the Department of Agriculture and Natural Resources, a daily report setting forth information regarding prices paid for livestock, under each contract in force, in which the packer and a […]
40-15B-8. Certain acts by packers prohibited. No packer, with respect to livestock, meats, meat food products, or livestock products in unmanufactured form, and no live poultry dealer with respect to live poultry, may: (1)Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device; (2)Make or give any undue or unreasonable preference or […]
