S.D. Admin. R. 12:79:03:01

Current through Register Vol. 51, page 30, September 3, 2024

Section 12:79:03:01 - Enrollment

To enroll an animal in the enrolled cattle program or natural enrolled cattle program, a licensed producer shall submit the required data to the data management system. The data shall be in an electronic form or in other forms as allowed by the secretary. Licensed producers shall:

(1) Confirm that the animal to be enrolled was born within the State of South Dakota in the physical possession of a licensed or trained producer, that the animal has continuously since birth been in South Dakota in the physical possession of the original licensed or trained producer, and that the animal has remained in South Dakota in the physical possession of the original licensed or trained producer seeking enrollment of the animal.

(2) Have a verifiable address;

(3) Except when an animal is temporarily located at a veterinary facility or at a licensed livestock sales facility licensed by the Animal Industry Board for the purpose of sale, confirm that the animal will be in the physical possession of a licensed producer who meets the requirements of § 12:79:03:05, and that the licensed producer will raise the animal in accordance with the requirements of that section;

(4) Confirm that the licensed producer seeking enrollment of the animal is the first person in physical possession of the animal for which enrollment is sought;

(5) Agree that removing the animal from the State of South Dakota automatically terminates the animal's enrollment and participation in the enrolled cattle program and the natural enrolled cattle program and that the licensee will not use the "SOUTH DAKOTA CERTIFIED ENROLLED CATTLE^TM" trademark in reference to any animal that has at any time before or after enrollment been removed from the State of South Dakota;

(6) Confirm that the animal conforms to the sex, breed, and age requirements of § 12:79:03:04 at the time of enrollment;

(7) Confirm that the animal was enrolled in the enrolled cattle program or the natural enrolled cattle program before the earlier of removal of the animal from the verifiable address of its birth or before commingling steers and heifers that are eligible for enrollment with steers and heifers that originate off premise;

(8) If the licensed producer is not a natural person, provide the signature of each natural person owning a ten percent or greater interest in the licensee;

(9) Enroll eligible cattle no less than seven days before any transfer from the original verifiable address of birth; and

(10) Upon completion of enrollment the producer will receive from the department the Transfer Warranty Certificate for that enrollment that will be used by producer at the time of physical transfer of possession of the enrolled cattle.

S.D. Admin. R. 12:79:03:01

32 SDR 31, effective 8/29/2005; 33 SDR 10, effective 8/3/2006; 33 SDR 188, effective 5/10/2007; 35 SDR 187, effective 2/10/2009; 38 SDR 115, effective 1/10/2012.

General Authority: SDCL 39-24-6(1),(3),(4).

Law Implemented: SDCL 39-24-3.