May 7, 1987
Mr. Robert Gadd
South Dakota Brand Board
221 South Central
Pierre, South Dakota 57501
OFFICIAL OPINION 87-12
Brand inspection or cattle butchered or slaughtered by owner on his premises
Dear Mr. Gadd:
You have requested an official opinion from this office based upon the following factual situation:
FACTS:
A person slaughters a beef animal for consumption by himself or his family. After killing the animal and removing the hide and entrails, he transports the carcass to a custom butcher who processes the meat for the owner. The individual fails to present any record of ownership inspection or the hide of the animal to the butcher.
Based upon the foregoing facts, you have asked the following questions:
QUESTIONS:
1. Must an individual obtain brand inspection of an animal which he intends to slaughter, skin and field dress for transportation to a butcher for processing of the meat?
2. May a butcher accept a skinned and field dressed animal for processing without a brand inspection of such meat?
IN RE QUESTION NO. 1:
Your question may best be addressed by an analysis of the interplay between three statutes: SDCL 40-20-29, 40-22-6, and 40-22-12. SDCL 40-22-6 requires that an individual within an ownership inspection area shall have the hide of slaughtered animal available for inspection if one is requested.
SDCL § 40-22-6 provides:
Any person involved in slaughter of cattle within an ownership inspection area shall have the hides in their entirety with ears and tails attached, including all brands, tattoos, ear marks and other marks of identification of each beef that may be inspected by any peace officer or any duly authorized brand inspector.
SDCL 40-22-12 permits the individual slaughtering cattle within an ownership inspection area to present upon demand by a peace officer or brand inspector either the hide as described in § 40-22-6 or the ownership inspection certificate.
SDCL § 4O-22-12 provides in its entirety that:
Any person slaughtering cattle within an ownership inspection area shall, upon demand of any peace officer or any duly authorized brand inspector, either produce the hide or hides of the animal or animals for inspection or produce a certificate of inspection, as outlined under the provisions of § 40-22-9. Any person slaughtering cattle outside the ownership inspection area shall, upon demand of any peace officer or duly authorized brand inspector, within a reasonable time of the slaughter, produce a hide or any record of ownership of an animal under the provisions of § 40-22-9.
These two statutes require that any individual slaughtering cattle within or outside a brand inspection area must either retain the hide of said animal or obtain an ownership Inspection certificate pursuant to § 40-22-9.
The answer to your question, therefore, is that any individual who slaughters cattle within an ownership inspection area must either retain the hides or obtain an ownership inspection certificate so that said individual can show proof of ownership upon demand by a peace officer or brand inspector. Those slaughtering cattle outside of the inspection area must produce the same proof of ownership within a reasonable time of slaughter.
IN RE QUESTION NO. 2:
SDCL 40-20-29 provides that:
It is a Class 2 misdemeanor for any butcher or packer engaged in the slaughter of cattle within the livestock ownership inspection area to kill or otherwise dispose of any cattle, until the cattle have received a South Dakota ownership inspection and the certificate of such inspection is filed and is made a part of his permanent records. However, an ownership brand inspection certificate from out of state, designating cattle for immediate slaughter shall be honored without reinspection. All certificates of ownership inspection shall, at any time upon demand, be displayed to any law enforcement officer or to the state brand board.
In light of this statute, it is my opinion that an individual who transports a slaughtered animal to a butcher or packer for processing, even if only for personal consumption, must obtain an ownership inspection certificate. Presentation of the slaughtered animal's hide to the butcher or packer is insufficient to satisfy the provisions of SDCL 40-20-29. Any butcher or packer who processes or in any way disposes of a slaughtered animal without first obtaining an ownership inspection certificate from the owner or seller commits a Class 2 misdemeanor.
Sincerely,
Roger Tellinghuisen
ATTORNEY GENERAL
