40-21-5. Designation of open market for livestock--Promulgation of rules--Open market agreement. To facilitate the inspection of livestock and the enforcement of chapters 40-18 to 40-22, inclusive, any livestock market, slaughter facility, or inspection point, whether within or without the State of South Dakota, that meets the criteria established by the board may be designated by the board as an open market. The board shall establish criteria for designating an open market and for revoking open market status by rules promulgated pursuant to chapter 1-26. Criteria may include distance from the livestock ownership inspection area, the number of head inspected annually, compliance by the market with ownership inspection laws, adequacy of the facilities, economic feasibility, and compliance with the open market agreement. Any livestock market, slaughter facility, or inspection point designated as an open market by the board shall enter into an open market agreement with the board on such terms and conditions as may be necessary for proper brand inspection in accordance with the brand inspection laws and regulations of this state and of the state in which the livestock market, slaughter facility, or inspection point is located.
Source: SL 1943, ch 142, § 7; SL 1945, ch 172, § 1; SDC Supp 1960, § 40.12A02; SL 1988, ch 328, § 79; SL 1993, ch 308; SL 2008, ch 214, § 1.
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