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S.D. Codified Laws § 40-15B-2

Price discrimination by packer prohibited--Exemption

Applied in 1 court decision — leading case 64 F. Supp. 2d 906 - American Meat Institute v. Barnett (1999)

Most recently applied in 64 F. Supp. 2d 906 - American Meat Institute v. Barnett (August 1999)

Source: SL 1999, ch 204, § 2.

A packer purchasing or soliciting livestock for slaughter in this state may not discriminate in prices paid or offered to be paid to sellers of that livestock. This section does not apply to the sale and purchase of livestock if the following requirements are met:

(1) The price differential is based on the quality of the livestock, if the packer purchases or solicits the livestock based upon a payment method specifying prices paid for criteria relating to carcass merit; actual and quantifiable costs related to transporting and acquiring the livestock by the packer; or an agreement for the delivery of livestock at a specified date or time; and

(2) After making a differential payment to a seller, the packer publishes information relating to the differential pricing, including the payment method for carcass merit, transportation and acquisition pricing, and an offer to enter into an agreement for the delivery of livestock at a specified date or time according to the same terms and conditions offered to other sellers.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.