Licensed livestock auction markets and slaughter plants located outside the livestock ownership inspection area may apply for open market designation if they meet the following criteria:

1. (1) The applicant's facilities are within 45 miles of the inspection area boundary by an all-weather road;
2. (2) The applicant's facilities received at least 2,500 head of cattle from the ownership inspection area within the 12 months preceding the date of the application if the applicant is a livestock auction market;
3. (3) The applicant has adequate facilities for the ownership inspection of livestock as determined by the inspector in accordance with SDCL 40-20-38 and 40-21-5;
4. (4) The applicant agrees to deposit and maintain funds in an escrow account to cover expenses of providing brand inspection as required by the board or its authorized agent;
5. (5) The applicant has no history of violating livestock ownership or inspection requirements; and

6. (6) The applicant, if it is a slaughter plant subject to licensure, inspection, or regulation in the state where their business is located, must provide evidence of permission to operate as a custom slaughter plant in that state.

   The application must be on forms provided by the board. The board shall consider whether the criteria listed in this section have been met in deciding to approve or reject the application.

   Upon approval of an application, the board shall forward one signed copy to the inspection agency and one signed copy to the applicant. The original application shall be retained in the Brand Board office.

   Note: A list of designated open markets may be obtained from the Brand Board, 413 S. Fort, Pierre, South Dakota, 57501.

Source: 1 SDR 50, effective January 18, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:01 by SDCL 1-41-9 , effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 195, effective July 1, 1993; 22 SDR 28, effective September 4, 1995; 26 SDR 169, effective June 27, 2000.

General Authority: SDCL 40-18-16 , 40-21-5.

Law Implemented: SDCL 40-20-38 , 40-21-5.