40-19-1. Use of unregistered brand as misdemeanor. It is a Class 1 misdemeanor to hot iron brand any domestic animal or other livestock or to otherwise use any recordable brand, unless the brand is valid as provided by law and is registered in the name of the user with the Office of the State Brand […]
40-19-10.1. Permit required for cattle branded with out-of-state brand–Cattle purchased for export–Violation as misdemeanor. No person may bring cattle branded with a brand registered in another state into the ownership inspection area for grazing or feeding purposes without a permit authorized by the board. If the brand is a duplicate of or conflicts with a […]
40-19-11. Registration of brands approved–Preservation of applications on certificates–Registration and renewal fees. Any brand approved by the board shall be registered, and the board shall keep and maintain a register of any application filed and certificate issued relating to a brand. Any person desiring to have a brand registered shall remit to the board a […]
40-19-12. Five-year renewal of brands–Renewal fee. Each registered brand is subject to renewal on January first in years ending in zero and five. Each brand owner shall pay to the board a renewal fee pursuant to §40-18-16. Source: SDC 1939, §40.1207 as added by SL 1949, ch 145, §2; SL 1964, ch 113; SL 1967, […]
40-19-13. Abandonment of brand by failure to renew. Any registered brand which is not renewed within one hundred twenty days after January first as provided for in §40-19-12 is deemed abandoned by its owner, is canceled, and may not be renewed. Source: SDC 1939, §40.1214; SL 1949, ch 145, §3; SL 1967, ch 161; SL […]
40-19-13.1. Cancellation of certificate paid for with bad check. The board may cancel any certificate issued pursuant to this chapter if the registration fee, renewal fee, or transfer fee is paid by an insufficient funds or no-account check. Source: SL 1990, ch 326, §1.
40-19-14. Rerecording of cancelled brand by previous owner. During the first two years following the current brand ownership period, only the previous owner may apply for a brand canceled under §40-19-13. If the brand is recordable, the previous owner may register the brand by paying the registration fee and a two hundred dollar rerecord fee. […]
40-19-16. Replacement of lost or destroyed certificate–Affidavit–Fee. The board shall issue a duplicate brand certificate in case of loss or destruction of the original certificate upon receipt of an affidavit signed by the owner and notarized describing the brand. The board shall charge a fee pursuant to §40-18-16. Source: SDC 1939, §§40.1207, 40.1215; SL 1949, […]
40-19-17. Cancellation of brand conflicting with previous brand. The board may cancel from record any brand which has been registered in conflict with a previously recorded brand or which is a duplicate thereof. Source: SDC 1939, §40.1210; SL 1965, ch 168; SL 1988, ch 328, §35.
40-19-18. Cancellation of brand used for felony or theft. The board may cancel from record any brand owned and used by any person to perpetrate any felony or theft of cattle, horses, mules, sheep, and buffalo. Source: SDC 1939, §40.1210 as added by SL 1965, ch 168; SL 1984, ch 269, §6; SL 1988, ch […]
40-19-19. Replacement brand for canceled brand–Application–No assessment of fee. If a brand is canceled as provided in §40-19-17, the owner of the brand may select a replacement brand that does not conflict with any other brands of record. The owner may apply for a replacement brand as though he is applying for a new brand […]
40-19-2. Exclusive right to use brand after registration. Any person may apply for a brand and use that brand exclusively in this state after registering the brand and by renewing it as provided in this chapter. Source: SDC 1939, §40.1204; SL 1984, ch 269, §3; SL 1988, ch 328, §19.
40-19-2.1. Placement of brand. Hot iron brands may be placed on the right or left shoulder, rib, or hip of cattle, on the right or left shoulder or hip of horses and mules, on the right or left jaw of horses, on the nose or jaw of sheep and on the rib or hip of […]
40-19-20. Conflict by unrecorded brand–Statement by users of registered brand–Notice and hearing or statement by user of unrecorded brand–Notice to discontinue use–Liability for damages–Misdemeanor. If any brand conflicts with another person’s registered brand, the person using the registered brand may file a written statement with the board showing the brand which conflicts with his registered […]
40-19-21. Unlawful use of brand as misdemeanor. Any person who uses a brand upon cattle, horses, mules, sheep, or buffalo which has been canceled, continues to use a brand upon cattle, horses, mules, sheep, or buffalo after it has been rejected, or uses any recordable brand upon cattle, horses, mules, sheep, or buffalo without first […]
40-19-22. Fees paid into brand fund–Purposes for which used. Fees required by §§40-19-11, 40-19-12, 40-19-15, and 40-19-16 shall be collected by the board and be paid into the state treasury to the credit of the brand fund, which fund shall not at any time revert to the general fund of the state or be diverted […]
40-19-23. Administrative expenses paid from brand fund–Vouchers and warrants–Publication and sale of brand books and supplements. All expenses for salary of employees, per diem and traveling expenses of members of the board, books, records, files, and office equipment necessary for the maintenance of a permanent system of brand registration, rerecording, and renewals as provided for […]
40-19-23.1. Brand board activities. The board may: (1)Contract and cooperate with any person, organization, or governmental department or agency for education, research, theft prevention, and carrying out the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29; (2)Expend the funds collected pursuant to chapters 40-19, 40-21, and 40-29, and appropriated for their administration; and […]
40-19-24. Registered brand as prima facie evidence of ownership–Copy of register as proof of brand. In any action or proceeding at law or in equity, if the title to any cattle, horses, mules, sheep, or buffalo is involved, the brand on any animal shall be prima facie evidence of the ownership of the person whose […]
40-19-25. Misuse or alteration of brand as felony. Any person who, with intent to defraud, brands or marks any cattle, horse, sheep, buffalo, or mule, not his own; intentionally brands over a previous brand or in any manner alters, defaces, or obliterates a previous brand; or cuts out or obliterates a previous brand on any […]
