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CHAPTER 40-5

CONTROL OF CONTAGIOUS DISEASES AND PARASITES IN LIVESTOCK

40-5-1      Spread of disease germs or contamination of water as misdemeanor.
40-5-1.1      Definition of terms.
40-5-2 to 40-5-5. Repealed.
40-5-5.1      Rules concerning permits for importation of rams and testing for disease.
40-5-6      Repealed.
40-5-7      Contagious disease of any animal to be reported to board.
40-5-8      Board powers in suppression of contagious diseases and parasites--Regulation of importation, release, sale, loan, lease, or distribution of animals--Violation as misdemeanor.
40-5-8.1      Repealed.
40-5-8.2      Authority to inspect, examine, test, and quarantine animals--Violation as misdemeanor.
40-5-8.3      Authority to seize and destroy nondomestic animals--Coordination with Department of Game, Fish and Parks.
40-5-8.4      Requirements for movement of nondomestic animal into state--Violation as misdemeanor.
40-5-8.5      Authority of board to prosecute violations--Limitation on liability of board or its agents.
40-5-8.6      Authority to promulgate rules.
40-5-9      Board orders for suppression of disease--Killing of infected animals.
40-5-10      Orders of board--Signature.
40-5-11      Emergency quarantine orders effective immediately.
40-5-12      Publication of board orders--Effective date.
40-5-13      Violation of board quarantine as misdemeanor--Second violation as felony.
40-5-14      Person with notice of board order not permitted to question publication.
40-5-15      Disposal of carcasses subject to board order.
40-5-16      Burial or burning of carcasses by sheriff on board order--Access to premises.
40-5-17      Compensation of sheriff for disposal of carcasses--Recovery of expenses from owner.
40-5-18      Notice to governor of epidemic beyond board's control.
40-5-19      County and municipal expenditures for disease control--Cooperation with state and federal agencies.


     40-5-1.   Spread of disease germs or contamination of water as misdemeanor. No person may leave exposed or scatter or place any substance containing virulent livestock disease germs, or any bottle or container thereof, in such manner as may result in the spread of livestock disease, or as may infect any animal with such disease germs, or as may contaminate any stream or body of water or any land, yards, or premises with such disease germs. Any violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, §§ 40.0111, 40.9901; SL 1977, ch 190, § 455; SL 1990, ch 325, § 26.


     40-5-1.1.   Definition of terms. Terms used in this chapter mean:
             (1)      "Animals," any mammal, bird, reptile, amphibian, crustacean, or fish, except humans;
             (2)      "Captive wild animals," any wild animal held in man-made confinement or physically altered to limit movement and facilitate capture;
             (3)      "Domestic animals," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;
             (4)      "Exotic animals," any animal not occurring naturally in the United States either currently or historically;
             (5)      "Nondomestic animals," any animal that is not domestic;
             (6)      "Wild animals," any animal not in captivity, other than domestic animals;
             (7)      "Zoological animals," any animal in any zoo or intended to be used in a zoo.

Source: SL 1989, ch 349, § 7; SL 1990, ch 325, § 27; SL 2019, ch 182, § 1.


     40-5-2 to 40-5-5.   Repealed by SL 2013, ch 202, §§ 1 to 4.


     40-5-5.1.   Rules concerning permits for importation of rams and testing for disease. The Animal Industry Board may promulgate rules pursuant to chapter 1-26 to provide for the issuance of any necessary permits or certificates for rams intended for importation into this state and the methodology for inspections, examination, or testing for epididymitis.

Source: SL 1987, ch 295; SL 1988, ch 323, § 1; SL 1990, ch 325, § 32.


     40-5-6.   Repealed by SL 2013, ch 202, § 5.


     40-5-7.   Contagious disease of any animal to be reported to board. Any person who discovers, suspects, or has reason to believe that any animal is affected with, or has been exposed to, any contagious, infectious, epidemic, or communicable disease, shall promptly report to the Animal Industry Board. The board may keep such reports confidential, except for those reports concerning diseases that are specifically regulated for mandatory control and eradication to protect the public health, other livestock, or wildlife.

Source: SDC 1939, § 40.0107; SL 1982, ch 282, § 2; SL 1990, ch 325, § 34; SL 1997, ch 229, § 1.


     40-5-8.   Board powers in suppression of contagious diseases and parasites--Regulation of importation, release, sale, loan, lease, or distribution of animals--Violation as misdemeanor. If written notice is given to the owner or keeper of any animal that a quarantine is established, the Animal Industry Board may take any action necessary to control, prevent, suppress, and eradicate any contagious, infectious, epidemic, and communicable disease and infestation of destructive parasites among the domestic and nondomestic animals of this state. The board may regulate or prohibit the importation, release to the wild, sale, loan, lease, or other distribution or translocation of any animal into and within the state to ensure documentation as disease-free. The Animal Industry Board may regulate or prohibit such transactions between and among private entities, local government agencies, state government agencies, federal government agencies, and nonprofit and other corporations, including, but not limited to, game farms, game preserves, zoos, exhibitions, sales, humane societies, and rehabilitation facilities. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, § 40.0501; SL 1950 (SS), ch 9, § 1; SL 1982, ch 282, § 1; SL 1989, ch 349, § 1; SL 1990, ch 325, § 35.


     40-5-8.1.   Repealed by SL 1989, ch 349, § 6


     40-5-8.2.   Authority to inspect, examine, test, and quarantine animals--Violation as misdemeanor. The Animal Industry Board may inspect, examine, test, and quarantine any animal or any geographic area within the state if necessary to control, prevent, or eradicate any threat to the health and well-being of the animal industry of the state, including domestic and nondomestic animals. A violation of this section is a Class 1 misdemeanor.

Source: SL 1989, ch 349, § 2; SL 1990, ch 325, § 36.


     40-5-8.3.   Authority to seize and destroy nondomestic animals--Coordination with Department of Game, Fish and Parks. The Animal Industry Board may seize and destroy any nondomestic animal that is determined by the board to endanger the health and well-being of domestic animal populations. The board's authority in this chapter is independent of other state agencies, but the board shall coordinate with the Department of Game, Fish and Parks if wild animals are involved.

Source: SL 1989, ch 349, § 3; SL 1990, ch 325, § 37.


     40-5-8.4.   Requirements for movement of nondomestic animal into state--Violation as misdemeanor. No nondomestic animal may be moved into the state unless the animal is determined to be free of contagious or infectious diseases or parasites harmful to the domestic and nondomestic animals native to South Dakota. A violation of this section is a Class 1 misdemeanor.

Source: SL 1989, ch 349, § 4.


     40-5-8.5.   Authority of board to prosecute violations--Limitation on liability of board or its agents. The Animal Industry Board may proceed against any person violating any provision of this chapter. No liability accrues to the board as a result of reasonable actions taken pursuant to this section.

Source: SL 1989, ch 349, § 5; SL 1990, ch 325, § 38.


     40-5-8.6.   Authority to promulgate rules. The Animal Industry Board may promulgate rules, pursuant to chapter 1-26, governing actions or conditions that may be taken, required, or regulated, in regard to any contagious, infectious, epidemic, communicable, or transmissible disease or disorder in or transmissible to livestock, including, but not limited to, quarantine, testing, inspection, regulation of transactions, seizure or destruction of animals, transportation or introduction of animals into the state, and other control measures.

Source: SL 1989, ch 349, § 8; SL 1990, ch 325, § 39; SL 1998, ch 250, § 1.


     40-5-9.   Board orders for suppression of disease--Killing of infected animals. The Animal Industry Board may make such orders as it may deem necessary for the proper control, suppression, and eradication of any such disease or infestation as described by § 40-5-8; and to kill any animal so affected if any such disease or parasitic infestation is determined to be incurable or if the owner refuses or fails to take appropriate steps to cure the diseased or infested condition, as determined by the board, after written notice to so do.

Source: SDC 1939, § 40.0501; SL 1950 (SS), ch 9, § 1; SL 1990, ch 325, § 40.


     40-5-10.   Orders of board--Signature. The Animal Industry Board may make any order required to carry out properly the objects of §§ 40-5-8 to 40-5-14, inclusive. All such orders shall be in writing, signed by the president and secretary if made by the board, or by the officer or agent making the order, as the case may be.

Source: SDC 1939, § 40.0502; SL 1990, ch 325, § 41.


     40-5-11.   Emergency quarantine orders effective immediately. In case of any emergency requiring immediate effect of a quarantine order pursuant to § 40-5-10, the emergency shall be recited in the order and any notice given thereof, and the order and notice shall become effective immediately upon service or posting of either. Publication shall be made thereafter as prescribed in § 40-5-12.

Source: SDC 1939, § 40.0502; SL 1990, ch 325, § 42.


     40-5-12.   Publication of board orders--Effective date. Every order pursuant to § 40-5-10, if it affects the entire state or any portion thereof greater than one county, shall, except as provided in § 40-5-11, become effective upon its publication in one issue of any legal daily newspaper printed and of general circulation in this state or if it affects any county, municipality, or township, upon its publication in one issue of any legal newspaper printed in such county, municipality, or township, or if there be no legal newspaper printed therein, upon its being posted in five public places therein. Nothing in this section prevents the giving of further publicity to any such order.

Source: SDC 1939, § 40.0502; SL 1990, ch 325, § 43; SL 1992, ch 60, § 2.


     40-5-13.   Violation of board quarantine as misdemeanor--Second violation as felony. It is a Class 1 misdemeanor for any person to remove any animal which has been placed in quarantine, pursuant to the provisions of §§ 40-5-8 to 40-5-12, inclusive, from the place of quarantine or to place another animal therein, without the written consent of the Animal Industry Board, until such quarantine has been released by the board.
     Any second or subsequent violation of this section is a Class 6 felony.

Source: SDC 1939, § 40.9905; SL 1977, ch 190, § 458; SL 1990, ch 325, § 44.


     40-5-14.   Person with notice of board order not permitted to question publication. No person having actual notice of any order made by the Animal Industry Board may question the validity of its publication, posting, or service.

Source: SDC 1939, § 40.0502; SL 1990, ch 325, § 45.


     40-5-15.   Disposal of carcasses subject to board order. The Animal Industry Board may require any owner, caretaker, or custodian of animals that have died from any cause, to dispose of the carcasses in such manner as the board may order, rule, or prescribe. The disposal of such carcasses shall be at the owner's expense.

Source: SDC 1939, § 40.0110; SL 1939, ch 149, § 2; SL 1947, ch 177; SL 1990, ch 325, § 46.


     40-5-16.   Burial or burning of carcasses by sheriff on board order--Access to premises. The sheriff of each county shall cause to be buried or burned the carcasses of all animals remaining unburied, unburned, or otherwise undisposed of after notice from the Animal Industry Board that such carcasses have remained unburied, unburned, or otherwise undisposed of. The sheriff may enter upon any premises where any such carcass is for the purpose of carrying out the provisions of this section.

Source: SDC 1939, § 40.0110 as added by SL 1939, ch 149, § 2; SL 1947, ch 177; SL 1990, ch 325, § 47.


     40-5-17.   Compensation of sheriff for disposal of carcasses--Recovery of expenses from owner. The board of county commissioners shall allow such sums for services pursuant to § 40-5-16 as they deem reasonable and the sheriff shall be paid upon vouchers, as other claims against the county are paid. The owner of such animal is liable to the county for the expense of such burial or burning, to be recovered in a civil action, unless the owner thereof pays such expenses within thirty days after notice and demand.

Source: SDC 1939, § 40.0110 as added by SL 1939, ch 149, § 2; SL 1947, ch 177; SL 1990, ch 325, § 48.


     40-5-18.   Notice to governor of epidemic beyond board's control. In case of a serious outbreak of any contagious, infectious, epidemic, or communicable disease among animals, which cannot be controlled with the funds at the disposal of the Animal Industry Board, the board shall at once notify the Governor.

Source: SDC 1939, § 40.0108; SL 1990, ch 325, § 49.


     40-5-19.   County and municipal expenditures for disease control--Cooperation with state and federal agencies. Boards of county commissioners and governing bodies of municipalities may appropriate and expend money for the control or eradication of any infectious, contagious, and communicable diseases among livestock within their respective boundaries. Such funds shall be used in cooperation with the State Animal Industry Board and the United States Department of Agriculture.

Source: SDC 1939, § 40.0115; SL 1990, ch 325, § 50; SL 1992, ch 60, § 2.


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