TITLE 40
ANIMALS AND LIVESTOCK
Chapter
01 Cruelty Abuse And Injury To Animals
02 Humane Societies
03 State Animal Industry Board
04 Control Of Insects Affecting Livestock Repealed
05 Control Of Contagious Diseases And Parasites In Livestock
06 Bovine Tuberculosis Control Repealed
07 Brucellosis And Contagious Abortion Repealed
08 Scabies And Mange Control Repealed
09 Hog Cholera Control Repealed
09A Pseudorabies Control Repealed
10 Vesicular Exanthema Control Repealed
11 Glanders And Dourine Control Repealed
12 Rabies Control
13 Livestock Disease Indemnity Fund Repealed
13A Nondomestic Animal Indemnities Repealed
14 Importation Of Livestock
15 Livestock Auction Agencies
15A Livestock Dealers Packers And Packer Buyers
15B Livestock Packer Transactions
16 Feeder Pig Dealers And Importation Of Swine Repealed
17 Rendering And Pet Food Processing Plants
18 State Brand Board
19 Brand Registration And Use
20 Livestock Ownership Inspection Area
21 Brand Inspection And Theft Prevention
22 Hide Inspections
23 Cooperative Grazing Districts
24 Use Of Open Range Repealed
25 Livestock Registry Associations
26 Stallions And Jacks Repealed
27 Liens On Livestock
28 Damage By Animals Trespassing Or Running At Large
29 Estrays
30 Township Pounds Repealed
31 American Dairy Association Of South Dakota
32 Milk Plants Producers And Distributors
33 Dealers In Poultry Eggs And Dairy Products
34 Dog Licenses And Regulation
35 Domesticated Fur Bearing Animals
36 Predatory Animal And Reptile Control
37 Predator Control Districts
38 Protection Of Animal Facilities
CHAPTER 40-1
CRUELTY, ABUSE AND INJURY TO ANIMALS
40-1-1 Definition of terms.
40-1-2 40-1-2, 40-1-2.1. Repealed by SL 1991, ch 331, §§ 10, 11
40-1-2.2 40-1-2.2. Repealed by SL 2014, ch 194, § 2.
40-1-2.3 Neglect, abandonment, or mistreatment of animal--Exception--Penalty.
40-1-2.4 Cruelty to animals--Felony.
40-1-2.5 40-1-2.5, 40-1-2.6. Repealed by SL 2014, ch 194, §§ 5, 6.
40-1-3 40-1-3, 40-1-4. Repealed by SL 1977, ch 190, §§ 442, 443
40-1-5 Impoundment of neglected, abandoned, mistreated, or cruelly treated animal--Expenses of care as lien--Warrant or court order.
40-1-5.1 Liability of owner or caretaker for impounded animal.
40-1-6 40-1-6, 40-1-7. Repealed by SL 1991, ch 331, §§ 12, 13
40-1-8 40-1-8. Repealed by SL 1977, ch 190, § 445
40-1-9 40-1-9, 40-1-10. Repealed by SL 2014, ch 194, §§ 8, 9.
40-1-10.1 Animal fighting exhibitions or for amusement or gain prohibited--Felony or misdemeanor.
40-1-11 Entry by officer of place where animal fight conducted--Arrest of persons present.
40-1-11.1 Seizure of fighting animals and related paraphernalia--Disposition.
40-1-12 Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violation as misdemeanor.
40-1-13 Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor.
40-1-14 Corporate responsibility for knowledge and acts of agents.
40-1-15 40-1-15. Repealed by SL 1991, ch 186, § 9
40-1-16 Regulated scientific experiments permitted--Inspection.
40-1-17 Exemptions from chapters 40-1 and 40-2.
40-1-18 40-1-18, 40-1-19. Repealed by SL 1977, ch 190, §§ 450, 451
40-1-20 Intentionally poisoning animal of another--Misdemeanor--Exceptions.
40-1-21 Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted.
40-1-22 40-1-22. Repealed by SL 1991, ch 331, § 33
40-1-23 Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor.
40-1-24 Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized.
40-1-25 Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules.
40-1-26 40-1-26, 40-1-27. Repealed by SL 2014, ch 194, §§ 19, 20.
40-1-28 Inspection of premises authorized.
40-1-29 Investigation procedure.
40-1-30 Records of complaints--Public inspection.
40-1-31 Liability of officer or agent.
40-1-32 Liability of parent or guardian for violation by minor.
40-1-33 40-1-33. Repealed by SL 2014, ch 194, § 21.
40-1-34 Disposition of impounded animals.
40-1-35 Contract to enforce livestock provisions.
40-1-36 Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal.
40-1-37 Use of weapons or tranquilizing agents to control dangerous animals.
40-1-38 Harassment of service animal accompanying disabled person prohibited.
40-1-39 Rebuttable presumption of maliciousness.
40-1-40 Harassment defined--Malicious act defined.
40-2-1
Incorporation of society--Number of incorporators--Authorization by county to
exercise statutory privileges and authority.
40-2-2
Repealed.
40-2-3
Repealed.
40-2-4
Limitation on activities.
40-2-5
Contract for animal control services.
40-2-6
Animal control officers--Appointments--Judicial authorization.
40-2-7
Enforcement by law enforcement officer or animal control officer--Powers.
40-2-8
Animal care and control agency defined.
40-2-9
Animal control officer defined.
CHAPTER 40-3
STATE ANIMAL INDUSTRY BOARD
40-3-1 Continuation of board--Statutory references to board.
40-3-1.1 Reports by board to agriculture department--Administrative functions restored to board--Other independent functions.
40-3-2 Composition of board--Appointment and terms of office--Vacancies.
40-3-3 Qualifications of board members--Oath of office.
40-3-4 President and vice-president of board.
40-3-5 Appointment of executive secretary--Qualifications--Term of office.
40-3-6 Employment of other personnel by board.
40-3-7 Compensation and duties of executive secretary and employees--Per diem and expenses of board members and employees.
40-3-8 Meetings of board.
40-3-9 Scope of responsibilities of board.
40-3-10 Poultry included in responsibility of board.
40-3-11 Executive secretary as state veterinarian--General duties and responsibilities.
40-3-12 State university veterinary diagnostic laboratory to assist board--Examinations.
40-3-13 40-3-13. Repealed by SL 1990, ch 325, § 14
40-3-14 Orders of board--Promulgation of rules.
40-3-15 Publication of bulletins by board.
40-3-16 Access to property and inspections by board.
40-3-17 Examination of witnesses by board--Administration of oaths--Subpoena power.
40-3-18 Fees and mileage of witnesses before board.
40-3-19 Enforcement of board orders by sheriff or law enforcement officer.
40-3-20 Disposition of fees collected.
40-3-21 Administrative expenses paid from appropriated funds.
40-3-22 Annual report to Governor.
40-3-23 Definitions.
40-3-24 Certain nondomestic mammals not allowed--Violation as misdemeanor.
40-3-25 Promulgation of rules for bringing nondomestic mammals into state.
40-3-26 Rules regulating breeding, raising, marketing, and transportation of certain captive nondomestic animals.
40-3-27 Programs for identification of animals and premises involved in animal movements--Records--Purpose.
40-3-28 Development of identification program conflicting with or superceding state brand laws prohibited.
40-3-29 Promulgation of rules for implementation of identification programs.
40-3-30 Animal disease research and diagnostic laboratory bond redemption and operations fund.
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.
40-6-1
Repealed.
40-6-2 to 40-6-6. Repealed.
40-6-7
Repealed.
40-6-8 to 40-6-26. Repealed.
40-6-27, 40-6-28. Repealed.
40-6-29
Repealed.
40-7-1 to 40-7-3. Repealed.
40-7-4
Repealed.
40-7-5 to 40-7-12. Repealed.
40-7-13
Repealed.
40-7-14 to 40-7-17. Repealed.
40-7-18
Repealed.
40-7-19, 40-7-19.1. Repealed.
40-7-20
Repealed.
40-7-20.1
Repealed.
40-7-20.2
Repealed.
40-7-20.3 to 40-7-22. Repealed.
40-7-23, 40-7-24. Repealed.
40-7-25 to 40-7-39. Repealed.
40-7-40
Repealed.
40-7-41
Repealed.
40-7-42 to 40-7-45. Repealed.
40-7-46 to 40-7-54. Repealed.
40-7-55
Repealed.
40-7-56, 40-7-57. Repealed.
40-7-58
Repealed.
40-8-1 to 40-8-10. Repealed.
40-8-11
Repealed.
40-8-12
Repealed.
40-8-13
Repealed.
40-8-14 to 40-8-17. Repealed.
40-8-18, 40-8-19. Repealed.
40-8-20, 40-8-21. Repealed.
40-8-22
Repealed.
40-8-23
Repealed.
40-8-24 to 40-8-35. Repealed.
40-8-36
Repealed.
40-8-37
Repealed.
40-9-1 to 40-9-5. Repealed.
40-9-6
Repealed.
40-9-7 to 40-9-11. Repealed.
40-10-1
Repealed.
40-10-1.1
Repealed.
40-10-2 to 40-10-8. Repealed.
40-10-9
Repealed.
40-10-10
Repealed.
40-12-1
Confinement of animals required in localities where rabies exists--Neglect as
misdemeanor.
40-12-2
Destruction of rabid animal required.
40-12-3
Repealed.
40-12-4
Definition of terms.
40-12-5
Confinement of pet after attack upon person--Violation as misdemeanor.
40-12-6
Confinement of pet bitten by animal suspected of having rabies--Violation as
misdemeanor.
40-13-1, 40-13-2. Repealed.
40-13-3
Repealed.
40-13A-1
Repealed.
40-13A-2 to 40-13A-10. Repealed.
40-14-1
Restrictions on importation from quarantine areas outside state.
40-14-2
Certificate of veterinary inspection required for importation of livestock--Exceptions--Violation as felony.
40-14-3
Notice and permit for importation of animals without certificate.
40-14-4
Quarantine and examination of stock imported without certificate--Release as
misdemeanor--Expenses of examination.
40-14-5
Continuing quarantine when imported animals found infected--Treatment.
40-14-6
Repealed.
40-14-7
Animals from Indian reservation treated as imported.
40-14-8
Saddle and work horses and mules exempt from requirements when in use.
40-14-9
Removal or release of animals shipped under false billing as misdemeanor.
40-14-10
Certification by veterinarian without inspection of animals as misdemeanor.
40-14-11
Repealed.
40-14-12
Repealed.
CHAPTER 40-15
LIVESTOCK AUCTION AGENCIES
40-15-1 Business constituting livestock auction agency--Exceptions.
40-15-1.1 Buying stations subject to chapter.
40-15-1.2 "Mobile market" defined.
40-15-1.3 "Livestock" defined.
40-15-2 License required for auction agency--Display at place of sales--Violation as petty offense.
40-15-3 Application for auction agency license--Contents.
40-15-4 Hearing on application for license--Notice to livestock associations of application.
40-15-5 Publication and public notice of application for license.
40-15-6 Hearing on application for license--Issuance on finding of conformity.
40-15-7 Factors considered in determining whether to issue license.
40-15-8 Annual fee for issuance or renewal of license.
40-15-9 Notice and hearing dispensed with on renewal of license.
40-15-10 Bond required to operate auction agency--Terms of bond--Approval--Amount--Violation as misdemeanor.
40-15-11 Cancellation of auction agency bond by surety--New bond before continuing business.
40-15-12 Action on auction agency bond.
40-15-13 Livestock handling and testing facilities required for auction agency license--Revocation or suspension if facilities inadequate or unsanitary.
40-15-13.1 Approved scales to be used.
40-15-13.2 Promulgation of rules--Scales--Fees.
40-15-14 Rules specifying facilities needed by veterinary inspector.
40-15-15 Separate pens for segregation of diseased animals--Marking of quarantine pens.
40-15-16 Auction agency services available without discrimination--Filing and posting of rate schedules--Rebates prohibited--Violation as petty offense.
40-15-17 Minimum inspection fees established by Animal Industry Board.
40-15-18 Inspection fees paid to Animal Industry Board.
40-15-19 Inspection service to be provided at auction agency--Veterinarian employed by board--Qualifications--Assistant veterinarian--Violation as petty offense.
40-15-20 Inspection of livestock by veterinarian--Compensation from fees collected.
40-15-21 Testing and treatment required before removal of animal from auction agency.
40-15-22 Veterinary inspection of premises and equipment--Supervision of cleaning of facilities and vehicles.
40-15-23 Inspection in manner prescribed by Animal Industry Board or federal government.
40-15-24 Veterinary inspector supervised by animal industry board--Discontinuance for failure to perform--Supervising veterinarians.
40-15-25 Auction agency not liable for negligence of inspector--Inspector not agent of agency.
40-15-26 Responsibility for inspection of livestock before shipment from auction agency--Certificate to comply with requirements at destination.
40-15-27 Records of livestock agency--Contents--Violation as petty offense.
40-15-28 Records open to inspection--Preservation--Copies furnished.
40-15-29 Revocation or suspension of license for failure to keep records.
40-15-30 Uniform accounting system for agencies.
40-15-31 Segregation and safeguarding of customers' funds by auction agency--Misuse of funds as felony.
40-15-31.1 Electronic auction--Regulation--Licensure.
40-15-31.2 Electronic auction--Delivery.
40-15-32 Revocation or suspension of license for violations--Effect of revocation or suspension.
40-15-32.1 Grounds for revocation, suspension, or refusal to renew license.
40-15-32.2 Board authorized to assume control of funds when agency's license revoked.
40-15-33 Appeal to circuit court from revocation or suspension of license.
40-15-34 Operation of auction agency without license as misdemeanor--Each day as separate offense.
40-15-35 40-15-35. Repealed by SL 1992, ch 158, § 93
40-15-35.1 Animal Industry Board allowed to apply for injunction.
40-15-36 Enforcement of chapter--Orders, rules, and regulations--Publication and posting.
40-15-37 Disposition of fees--Apportionment between disease emergency fund and inspectors fund.
40-15-38 Use of livestock disease emergency fund--Authorization by Governor required.
40-15-39 "Livestock fraud" defined--Evidence--Felony.
40-15A-1
Definition of terms.
40-15A-1.1
License as dealer, packer, or packer buyer required--Violation as misdemeanor.
40-15A-2
Auction agencies, farmers, ranchers, and livestock feeders exempt.
40-15A-3
Annual application for dealer's, packer's, or packer buyer's license--Contents.
40-15A-4
Fee for license--Duration of license.
40-15A-5
Bond required of dealer, packer or packer buyer--Proof of bond filed under federal
law--Exemption for employees of bonded packers--Board as obligee--Promulgation
of rules--Violation as misdemeanor.
40-15A-6
Time and place for hearing on application--Notice to livestock associations.
40-15A-7
License posted in place of business--Pocket card.
40-15A-8
Facilities provided by dealer--Unloading and inspection of livestock.
40-15A-8.1
Partial payment of purchase price at time of sale or delivery--Payment of balance.
40-15A-8.2
Records required to be kept by licensees.
40-15A-9
Fees credited to general fund.
40-15A-10
Grounds for revocation or refusal of license.
40-15A-11
Suspension in lieu of revocation of license--Administrative procedure law governs.
40-15A-12
Repealed.
40-15A-13 to 40-15A-19. Repealed.
40-15B-1
Definitions.
40-15B-2
Price discrimination by packer prohibited--Exemption.
40-15B-3
Terms and conditions to be uniform.
40-15B-4
Packer to report prices paid.
40-15B-5
Agreements in violation of provisions voidable--Violation as fraudulent.
40-15B-6
Attorney general to enforce provisions--Action to restrain violation--Civil action--Treble damages.
40-15B-7
Packer to make available daily report of prices paid--Forms--Seller's identity not to
be revealed--Penalties for violation.
40-15B-8
Certain acts by packers prohibited.
40-17-1
License required for rendering and pet food processing plant--Violation as
misdemeanor.
40-17-2
Application for rendering or pet food processing plant license.
40-17-3
Inspection of equipment, vehicles and place of business on application for license.
40-17-4
Issuance of license--Fee--Duration.
40-17-5
Acceptance of carcasses transported by others prohibited.
40-17-6
Licensed establishment's authority to transport diseased carcasses on highway.
40-17-7
Construction and covering of containers and vehicles used to transport carcasses.
40-17-8
Disinfection of exterior of vehicle before use of highway.
40-17-9
Disinfection of containers and vehicles before leaving rendering establishment.
40-17-9.1
Adoption of rules to implement this chapter.
40-17-10
Repealed.
CHAPTER 40-18
STATE BRAND BOARD
40-18-1 Composition of board--Nomination and appointment of members.
40-18-1.1 Board attached to Department of Agriculture and Natural Resources for reporting--Function retained--Appointment of staff director.
40-18-1.2 Definitions.
40-18-2 Qualification of board members.
40-18-3 Terms of appointment to board--Vacancies.
40-18-4 40-18-4. Repealed by SL 1971, ch 23, § 2
40-18-5 Quorum of board--Vote required for action.
40-18-6 Office of board.
40-18-7 President and vice president of board.
40-18-8 General duties of staff director--Call of meetings.
40-18-9 Employment of other persons by board--Compensation--Expenditures.
40-18-10 Designation of private or nonprofit corporation for provision of ownership inspection--Terms of contract.
40-18-10.1 Agreements with other states for livestock ownership inspection.
40-18-11 Bond required of custodian of board funds.
40-18-12 Seal of board.
40-18-13 Administration of marking and branding laws.
40-18-14 Employment of law enforcement officers--Enforcement of marking and branding laws--Hiring of additional inspectors.
40-18-15 Ownership inspection on transportation of livestock.
40-18-16 Promulgation of rules.
40-18-17 Board to provide for brand registration, livestock inspection, and enforcement of laws.
40-18-18 Annual report to Senate and House committees.
40-18-19 Arrest for violation of chapters 40-19 to 40-22 or 40-29--Promise to appear--Bond--Violation as misdemeanor.
40-18-20 Inspection outside livestock ownership inspection area.
40-19-1
Use of unregistered brand as misdemeanor.
40-19-2
Exclusive right to use brand after registration.
40-19-2.1
Placement of brand.
40-19-3
Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep.
40-19-4
Filing of application for brand--Facsimile included.
40-19-5
Application form--Notice if brand recordable--Fees.
40-19-6
Registration of brand--Certificate of registration.
40-19-7
Rejection of brands by board--Grounds--Composition of brands--Location on animal
as part of brand.
40-19-8
Repealed.
40-19-9
Rejection of brand adding symbol to existing brand--Exception.
40-19-10
Repealed.
40-19-10.1
Permit required for cattle branded with out-of-state brand--Cattle purchased for
export--Violation as misdemeanor.
40-19-11
Registration of brands approved--Preservation of applications on certificates--Registration and renewal fees.
40-19-12
Five-year renewal of brands--Renewal fee.
40-19-13
Abandonment of brand by failure to renew.
40-19-13.1
Cancellation of certificate paid for with bad check.
40-19-14
Rerecording of cancelled brand by previous owner.
40-19-15
Change of registration on receipt of bill of sale--Fees for recording transfers--Certain
brands not to be transferred to separate owners.
40-19-16
Replacement of lost or destroyed certificate--Affidavit--Fee.
40-19-17
Cancellation of brand conflicting with previous brand.
40-19-18
Cancellation of brand used for felony or theft.
40-19-19
Replacement brand for canceled brand--Application--No assessment of fee.
40-19-20
Conflict by unrecorded brand--Statement by users of registered brand--Notice and
hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor.
40-19-21
Unlawful use of brand as misdemeanor.
40-19-22
Fees paid into brand fund--Purposes for which used.
40-19-23
Administrative expenses paid from brand fund--Vouchers and warrants--Publication
and sale of brand books and supplements.
40-19-23.1
Brand board activities.
40-19-24
Registered brand as prima facie evidence of ownership--Copy of register as proof of
brand.
40-19-25
Misuse or alteration of brand as felony.
40-19-26
Property rights unimpaired.
40-19-27
Repealed.
CHAPTER 40-20
LIVESTOCK OWNERSHIP INSPECTION AREA
40-20-1 Counties included in inspection area.
40-20-2 Petition for addition of county contiguous to ownership inspection area--Discretion of board--Minimum area added.
40-20-3 Withdrawal of county from inspection area by petition--Minimum area withdrawing.
40-20-4 Inspection and certificate required for removal of livestock from ownership inspection area--Violation as misdemeanor--Impoundment--Venue.
40-20-4.1 Permit to move livestock from area--Duration of permit--Fee--Permit to transport horses and mules.
40-20-4.2 Inspection of livestock while in or on conveyance--Penalty.
40-20-4.3 Inspector prohibited from inspecting own livestock--Violation as misdemeanor.
40-20-4.4 Rodeo livestock--Alternative brand inspection procedures.
40-20-5 Livestock ownership inspection area dividing ranch--Movement of livestock without inspection.
40-20-6 Ownership inspection not required for transportation or trailing to open market.
40-20-7 Authorization for transportation to open market or slaughter plant.
40-20-7.1 Reinspection required of livestock unloaded anywhere other than market of origin.
40-20-8 40-20-8, 40-20-9. Repealed by SL 1988, ch 328, §§ 51, 52
40-20-10 Transportation of livestock without required authorization--Penalty.
40-20-10.1 Proceeds of sale held in trust pending authorization.
40-20-11 40-20-11. Repealed by SL 1988, ch 328, § 55
40-20-12 Diversion of livestock--Inspection required--Penalty.
40-20-13 40-20-13. Repealed by SL 1999, ch 206, § 5
40-20-14 40-20-14. Repealed by SL 1984, ch 269, § 17
40-20-15 40-20-15. Repealed by SL 1999, ch 206, § 6
40-20-16 40-20-16. Repealed by SL 1988, ch 328, § 59
40-20-17 40-20-17. Repealed by SL 1984, ch 269, § 18
40-20-18 Exhibition of authorization on demand of law enforcement officer--Failure to possess authorization as misdemeanor.
40-20-19 40-20-19 to 40-20-23. Repealed by SL 1984, ch 269, §§ 19 to 23
40-20-24 Law enforcement officer stopping vehicle for inspection--Unloading of livestock.
40-20-25 Law enforcement officer not liable for damages in stopping vehicle.
40-20-26 Licensed auction markets in inspection area to require ownership inspection of livestock--Neglect as misdemeanor--Discretionary reinspection.
40-20-26.1 Sale or transfer of ownership--Required inspection--Penalty.
40-20-26.2 Transfer of ownership--Authorized bill of sale--Limitations--Penalty.
40-20-26.3 Promulgation of rules exempting certain persons from § 40-20-26.1.
40-20-27 Livestock ownership inspection certificate issued to buyer.
40-20-28 Fee for inspection services--Determination of rate--When collected.
40-20-29 Inspection and certificate required for slaughter or processing of livestock commercially within inspection area--Misdemeanor--Out-of-state certificate--Exhibition on demand.
40-20-30 Injunction to restrain violation of this chapter or chapter 40-21.
40-20-31 40-20-31. Repealed by SL 1991, ch 186, § 19
40-20-32 Feedlot operation in inspection area--Designation as registered feedlot--Application--Requirements.
40-20-33 Rules for suspension or revocation of feedlot permit--Inspection of cattle--Renewal of permit.
40-20-34 Inspection of cattle shipped from feedlot--Fee.
40-20-35 Permit for shipment of cattle from feedlot for slaughter--Inspection of cattle without forms--Fees.
40-20-36 Inspection of feedlot, cattle, records, and inspection certificates.
40-20-37 Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.
40-20-38 Grounds for refusal to inspect.
40-20-39 Inspection of livestock removed from inspection area--Fee.
40-20-40 Mileage fee for travel to inspection.
40-21-1 to 40-21-3. Repealed.
40-21-3.1
Transporting cattle, horses, mules, sheep, buffalo, or carcasses without owner's
permit prohibited--Contents of permit--Written statement in lieu of permit--Violation
as misdemeanor.
40-21-3.2 to 40-21-4. Repealed.
40-21-5
Designation of open market for livestock--Promulgation of rules--Open market
agreement.
40-21-6
Inspections made between sunrise and sunset--Rules regulating inspection during
hours of darkness.
40-21-7
Inspection fee for livestock--Receipt--Charge on entire consignment.
40-21-8
Deposit of fees collected by inspecting agency--Monthly report of fees and expenses.
40-21-8.1, 40-21-8.2. Repealed.
40-21-9
Fees paid into livestock ownership inspection and theft prevention fund--Purposes
for which used.
40-21-10
Proof of ownership required for livestock not bearing seller's brand.
40-21-11
Proof of ownership required for livestock bearing more than one brand.
40-21-12
Holding or sale of livestock or proceeds on failure to establish ownership--Financial
responsibility of selling agent--Civil suit--Discretion of inspector--Disposition of
proceeds without board's release as misdemeanor.
40-21-12.1
Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor.
40-21-13
Repealed.
40-21-14
Time allowed for establishment of ownership after sale of animal--Sale price paid to
owner.
40-21-15
Failure of seller to establish ownership--Sale proceeds paid to board--Account of
sale.
40-21-16
Separate fund for sale proceeds of undetermined ownership held by board--Period for
which held--Payment to owner on proof of ownership.
40-21-17
Sale proceeds of undetermined ownership escheat to board--Deposit in ownership
inspection and theft prevention fund when ownership not established.
40-21-18
Repealed.
40-21-19
Delegation of board powers to livestock inspection agency.
40-21-20
Enforcement of rules.
40-21-21
Forgery, alteration, or misrepresentation of inspection certificate, market clearance,
bill of sale, or permit as felony.
40-21-22
Repealed.
40-21-22.1
Removal of livestock before ownership inspection prohibited--Violation as
misdemeanor.
40-21-23
Venue of offenses.
40-21-24
Reward authorized--Funding.
40-21-25
Rendering establishments exempt from provisions governing transport of hides and
carcasses.
40-22-1 to 40-22-5. Repealed.
40-22-6
Repealed.
40-22-7
Bill of sale attached to inspector's report.
40-22-8
Repealed.
40-22-9
Repealed.
40-22-10, 40-22-11. Repealed.
40-22-12
Names and dates of persons delivering livestock required of person slaughtering.
40-22-13
Violation of chapter or falsification of records as felony.
40-23-1
Definition and purposes of grazing district.
40-23-2
Number of incorporators--Filing of articles.
40-23-3
Execution and contents of articles of incorporation.
40-23-4
Filing of map showing boundaries--Revision on change of boundaries--Revocation
of lease for failure to file.
40-23-5
Arbitration of overlapping district boundaries.
40-23-6
Power to lease, acquire, and dispose of land.
40-23-7
Power to lease county land.
40-23-8
Fences, reservoirs, and facilities for care of livestock.
40-23-9
Power to apportion grazing rights among members.
40-23-10
Adoption of bylaws--Amendment.
40-23-11
Contents of bylaws.
40-23-12
Right to membership in district--Compliance with requirements.
40-23-13
Voting by members.
40-23-14
Membership rights on transfer of land.
40-23-15
Directors to exercise corporate power.
40-23-16
Directors' power to lease land.
40-23-17
Directors' regulations--Manner of utilizing grazing.
40-23-18
Directors' apportionment of grazing rights among members.
40-23-19
Fencing and assignment of exclusive use of areas.
40-23-20
Grazing permits to nonmembers.
40-23-21
Fees and assessments determined by directors.
40-23-22
Requirements as to male animals.
40-23-23
Reserves established by directors.
40-23-24
Purchase or lease of county lands.
40-23-25
Exemption of county land from usual leasing requirements--Leased tax deed lands
not subject to sale--Option for purchase by district.
40-23-26
Regulatory powers retained by county commissioners on leased land.
40-23-27
Rentals for county lands--Variable scale.
40-23-28
Noncompliance with requirements as ground for forfeiture of county lease.
40-23-29
Exchange of county land for private land within grazing district.
40-23-30
Distribution of property on dissolution of grazing district.
40-25-1
Number of organizers required to form association.
40-25-2
Written articles of association required--Contents.
40-25-3
Stock and membership provisions in articles of association.
40-25-4
Amendment of articles by association--Procedure--Filing of amendment.
40-25-5
Term of existence of association--Extension of term.
40-25-6
Articles filed to extend term of association--Contents.
40-25-7
Adoption and amendment of bylaws--Contents.
40-25-8
Voting by stockholders or members--Proxy voting.
40-25-9
Directors to manage affairs of association--Terms of office.
40-25-10
Officers of association.
40-25-11
Salaries paid by association--Ownership of property.
40-25-12
Operation as nonprofit corporation--Purposes.
40-25-13
General corporate powers of association.
40-25-14
Records and certificates admissible in evidence--Prima facie evidence of pedigree.
40-25-15
Fraudulent registration or transfer of registration as misdemeanor--False pedigree.
40-27-1
Agister's lien for service and supplies--Entitled to retain possession.
40-27-2
Authority from owner required for agister's lien.
40-27-3
Notice to mortgagee of agister's lien--Contents and service--Priority over mortgage.
40-27-4 to 40-27-11. Repealed.
40-27-12
Veterinarian's vaccination lien.
40-27-13
Veterinarian's statement filed with register of deeds--Contents--Filing and indexing.
40-27-14
Priority of vaccination lien if filed within twenty days.
40-27-15
Innocent purchasers and encumbrancers not affected by vaccination lien filed late.
40-27-16
Foreclosure of liens on livestock.
40-28-1
Permitting adult male animal to run at large as petty offense.
40-28-2
Castration lawful for adult male animal running at large--Liability for unauthorized
castration.
40-28-3
Running at large defined.
40-28-4
Liability for trespass by livestock--Exception where fence inadequate.
40-28-5
Trespass liability not applicable to unfenced lands within national forests.
40-28-6
Notice to livestock owner of injury from trespass.
40-28-7
Retention of trespassing livestock until damages paid.
40-28-8
Notice to owner of seizure of trespassing animals.
40-28-9
Security given by owner for release of trespassing animals held for damages.
40-28-10
Livestock owner's bond to be approved by sheriff--Release of animals--Sheriff's fee.
40-28-11
Notice to sheriff when livestock owner fails to take up trespassing animals--Sheriff
to take possession and care for animals.
40-28-12
Sheriff's lien for expenses.
40-28-13
Unauthorized taking of animal from person with lawful possession as misdemeanor.
40-28-14
Recovery of animals from sheriff by giving bond and paying costs.
40-28-15
Foreclosure of lien by sheriff's sale of animals--Service of notice on parties.
40-28-16
County reimbursement of sheriff for costs not recovered from sale--Recovery from
owner of animals.
40-28-17
Actions by county and landowner for costs and damages--Application of proceeds of
sale.
40-28-18
Civil action for damages from trespassing animals--Venue--Procedure.
40-28-19
Repealed.
40-28-20
Limitation of actions for damages.
40-28-21
Surplus proceeds of sale--Disposition.
40-28-22
Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.
40-28-23
Damages and expenses recovered by landowner.
40-28-24
Judgment against plaintiff when no damage sustained.
40-28-25
Judgment as lien on trespassing animals.
40-28-26
Exemptions limited to absolute exemptions.
40-29-1, 40-29-2. Repealed.
40-29-3
Repealed.
40-29-4 to 40-29-6. Repealed.
40-29-7 to 40-29-10. Repealed.
40-29-11
Repealed.
40-29-12 to 40-29-15. Repealed.
40-29-16, 40-29-17. Repealed.
40-29-18
Repealed.
40-29-19 to 40-29-23. Repealed.
40-29-24
Report by person taking up estray--Violation as misdemeanor.
40-29-25
Sale of estray--Disposition of proceeds.
40-29-26
Claim for expense of feeding and keeping estray--Liability for loss of estray.
CHAPTER 40-31
AMERICAN DAIRY ASSOCIATION OF SOUTH DAKOTA
40-31-1 Definition of terms.
40-31-2 Association created--Producer and processor members--Nonvoting members.
40-31-2.1 Direction and supervision by Department of Agriculture and Natural Resources--Independent functions retained by Association.
40-31-2.2 Cooperative agreements to fund or conduct dairy promotion efforts.
40-31-3 Nomination, appointment and terms of producer members.
40-31-4 Nomination, appointment and terms of processor members.
40-31-5 40-31-5. Repealed by SL 1971, ch 23, § 2
40-31-6 Officers of association--Orders and rules--Bonds required.
40-31-7 Employment and compensation of other personnel.
40-31-8 Offices of Association--Expenses--Contracts and agreements.
40-31-9 Assessment on milk produced in state--Application.
40-31-10 40-31-10. Repealed by SL 1971, ch 227, § 3
40-31-11 Assessment collected by first dealer--Producers responsible for payment.
40-31-12 Record of milk handled by dealers and producers--Form--Report--Preservation--Inspection.
40-31-13 Monthly return of dairy products handled by dealer or producer.
40-31-14 Computation of assessment by association when monthly return not filed.
40-31-15 Payment of assessment computed by Association--Penalty and interest.
40-31-16 Recovery of tax, penalty, and interest--Tax collection remedies available.
40-31-17 Producer's application for refund of assessment--Approval by association.
40-31-18 Assessments paid into dairy association fund--Purposes for which used--Warrants.
40-31-19 Voluntary contributions to association.
40-31-20 Disbursement of association funds.
40-31-21 Expenses paid from and limited by dairy association fund.
40-31-22 Power to sue and be sued--Contract power.
40-31-23 Research activities of department.
40-31-24 Promotional and advertising activities of department.
40-31-25 Administration and enforcement of chapter--Necessary powers.
40-31-26 Record and account maintained by association.
40-31-27 Copies of records as prima facie evidence.
40-31-28 40-31-28. Repealed by SL 1975, ch 62, § 3
40-31-29 Annual report to Governor.
40-31-30 40-31-30. Repealed by SL 1991, ch 186, § 24
40-31-31 Report of violations to attorney general.
40-31-32 Severability of provisions.
40-32-1
Purpose of chapter.
40-32-2
Definition of terms.
40-32-3
Exemption of charitable, public, and educational institutions not producing for sale.
40-32-4
License required for milk plants, transporters, stations, distributors, and persons
buying or selling milk products.
40-32-5
License fees.
40-32-6
Milk plant license--Contents--Posting.
40-32-7
Transfer of plant licenses restricted.
40-32-8
Annual expiration of license.
40-32-9
Suspension of license for failure to comply with law.
40-32-10
Revocation or suspension of plant license for violations--Notice and opportunity to
defend.
40-32-10.1
Producer's permit required.
40-32-10.2
Issuance of producer's permit--Compliance with rules and regulations.
40-32-10.3
Renewal of producer's permit not required--Transfer of permits.
40-32-10.4
Suspension of producer's license or permit--Grounds--Sanctions--Court action.
40-32-10.5
Revocation of producer's permit--Hearing required--Suspension prior to hearing.
40-32-10.6
Dairy fieldman's service provided by plant.
40-32-10.7
Dairy fieldman's license required--Application and fee--Expiration.
40-32-10.8
Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authority
of secretary to suspend permit.
40-32-10.9
Revocation of dairy fieldman's license--Hearing required.
40-32-11
Tester and grader to be maintained in dairy products plant--License required.
40-32-12
Application for tester and grader's license--Fee--Examination of applicant.
40-32-13
Licenses for sampling and grading.
40-32-14
Issuance of tester and grader's license or sampling and grading license--Duration.
40-32-15
License withheld from applicant not meeting requirements.
40-32-16
Posting of tester and grader's license.
40-32-17
Suspension or revocation of tester and grader's or sampler and grader's license--Violation as ground for revocation.
40-32-18
Promulgation of rules.
40-32-19
Repealed.
40-32-20
Coloring matter mixed with products unfit for human consumption--Failure to
comply as misdemeanor.
40-32-21
Exemption of operations otherwise regulated.
40-32-22
Records and reports to secretary.
40-32-23
Access of department to premises, vehicles, and records--Taking of samples.
40-32-24
Repealed.
40-32-25
Inspection service fee for each dairy farm--Raw milk assessment fee.
40-32-26
Reinspection fee--When assessed.
40-32-27
Inspection fee for milk plants.
40-32-28
Penalty for delinquent payments.
40-32-29
Dairy inspection fund established--Expenditures.
40-32-30
Repealed.
40-32-31
Cooperation with secretary required--Refusal as misdemeanor.
40-32-32
Assistance of police in inspection.
40-32-33
Contraband.
40-32-34 Seizure or quarantine of contraband--Tagging--Violation as misdemeanor.
40-32-35 Petition for condemnation of contraband--Hearing--Disposal of contraband.
CHAPTER 40-33
DEALERS IN POULTRY, EGGS AND DAIRY PRODUCTS
40-33-1 Definition of terms.
40-33-2 Business constituting dealing at wholesale.
40-33-3 Producer not deemed dealer at wholesale.
40-33-4 Resident paying cash for purchases not deemed dealer at wholesale.
40-33-5 Cooperatives not deemed dealers at wholesale.
40-33-6 40-33-6. Repealed by SL 1977, ch 190, § 537
40-33-7 Bond required of dealer at wholesale--Terms of bond.
40-33-8 Additional bond required when wholesale dealer's bond inadequate.
40-33-9 Statements of business required of wholesale dealer--Suspension or revocation of license for failure to comply.
40-33-10 Complaint to secretary of damage from breach of bond conditions.
40-33-11 Investigation of complaint against wholesale dealer--Notice and hearing--Report and conclusions.
40-33-12 Civil action on wholesale dealer's bond--Approval by secretary required.
40-33-13 Record of hearing as evidence.
40-33-14 Apportionment of bond proceeds when insufficient to satisfy claims.
40-33-15 Action by secretary of agriculture and natural resources on wholesale dealer's bond--Proceeds deposited with secretary--Allowance of claims--Employment of counsel.
40-33-16 40-33-16. Repealed by SL 1991, ch 186, § 26
40-33-17 Suspension or revocation of license on violation of this chapter.
40-34-1
Killing of dog lawful when disturbing domestic animals.
40-34-2
Liability of owner for damages by dog disturbing domestic animals--Property subject
to execution--Violation as misdemeanor.
40-34-3
Joint liability of owners for damages by dogs in packs--Right of contribution among
dog owners.
40-34-4
Dogs at large declared nuisance by county commissioners--Abatement.
40-34-5
Running at large prohibited by county--County license or tax on dogs.
40-34-6
Graduated fee for county dog license.
40-34-7
Repealed.
40-34-8
Pound program--Animal control services defined.
40-34-9
Animal control program in counties--Impounding of animals--Contracts with
municipalities.
40-34-10
Sources of funds for animal control program.
40-34-11
Destruction by law enforcement officer of dog harming big game.
40-34-12
Destruction by owner or tenant of dog harming big game.
40-34-13
Ownership of vicious dog as public nuisance.
40-34-14
Vicious dog defined.
40-34-15
Injury to person trespassing, teasing dog, or attempting to commit crime.
40-34-16
Ordinance specific as to breed of dog prohibited.
CHAPTER 40-35
DOMESTICATED FUR-BEARING ANIMALS
40-35-1 Definition--Documentation required for possession.
40-35-2 Private ownership of domesticated animals.
40-35-3 Breeding of domesticated animals classified as agricultural pursuit--Functions vested in secretary of agriculture and natural resources.
40-35-4 40-35-4 to 40-35-6. Repealed by SL 1980, ch 281, §§ 1 to 3
CHAPTER 40-36
PREDATORY ANIMAL AND REPTILE CONTROL
40-36-1 Department of Game, Fish and Parks to cooperate with federal agency in control of injurious wild animals.
40-36-2 40-36-2. Repealed by SL 1983, ch 292, § 2
40-36-3 Department of Agriculture and Natural Resources cooperative agreements for control of injurious wild animals.
40-36-3.1 Prairie dog control program on private lands.
40-36-4 40-36-4 to 40-36-8. Repealed by SL 1983, ch 292, §§ 5 to 9
40-36-9 Programs and rules for control of injurious animals--Payment of expenses.
40-36-10 Animal damage control fund created.
40-36-11 County appropriations to animal damage control fund--Certification of amounts--State matching funds.
40-36-12 40-36-12. Repealed by SL 1978, ch 72, § 7
40-36-13 Semiannual county payments to fund.
40-36-14 Expenditures from fund.
40-36-15 Bounties payable for coyotes--Restrictions on payments--Fraud--Penalty.
40-36-16 Hunting license not required of landowner to receive bounty.
40-36-17 Skin delivered to county auditor to claim bounty--Examination by auditor.
40-36-18 Investigation of animal skin by conservation officer--Recommendation as to acceptance for bounty.
40-36-19 Marking of skin accepted for bounty.
40-36-20 Certificate on rejection of skin for bounty--Action for bounty--Use of skin as evidence--Costs.
40-36-21 Affidavit filed when bounty claim approved by county auditor.
40-36-22 40-36-22. Repealed by omission from SL 1968, ch 104, § 1
40-36-23 Approval or disapproval of bounty claim by Game, Fish and Parks Commission.
40-36-24 Final approval and payment of bounty claim.
40-36-25 Appeal from disapproval of bounty claim.
40-36-26 Bounty claim as misdemeanor when animal died from natural causes--Animal killed by federal or other agency.
40-36-27 Killing of predatory animal without hunting license--Falsification of bounty claim--Violation as misdemeanor.
40-36-28 Importation or breeding of animals to claim bounty as petty offense.
40-36-29 False bounty claim as perjury.
40-36-30 40-36-30. Repealed by SL 1991, ch 186, § 31
40-36-31 40-36-31. Repealed by SL 1968, ch 104, § 2
40-36-32 Audit of predatory animal control fund.
40-36-33 Predatory animal control fund carried over from year to year.
40-36-34 Special tax on sheep in eastern counties levied on petition of sheep owners--Predatory animals defined.
40-36-35 Payment of bounties and employment of hunters from proceeds of special tax on sheep.
40-36-36 Rate of bounties payable from special tax on sheep--Rules and regulations.
40-36-37 County bounty payable on coyotes.
40-36-38 Educational campaign for rodent and reptile control.
40-36-39 Employment of personnel for extermination of rodents and reptiles--Purchase and distribution of equipment and supplies--Bounties prohibited.
40-36-39.1 South Dakota rodent control fund.
40-36-39.2 Validation of rodent control agreements.
40-36-40 Disposition of carcasses of rodents and reptiles taken--Use of proceeds of sale.
40-36-41 Records of rodent and reptile work.
40-36-42 40-36-42 to 40-36-45. Repealed by SL 1977, ch 324, § 4
40-36-46 Policy advisory committee for animal damage control.
40-37-1
Petition by livestock owners for designation of county as predator control district.
40-37-1.1
County livestock census--Procedure.
40-37-1.2
Repealed.
40-37-2
Repealed.
40-37-3
Petition for multiple-county district--Consent of included counties required.
40-37-4
Board of directors of district--Qualifications--Number.
40-37-5
First district meeting--Notice to livestock owners--Appointment of chairman and
secretary.
40-37-6
Selection of district officers--Called meetings of directors--Quorum--No
compensation.
40-37-7
Annual district meetings--Notice to livestock owners on revised list.
40-37-8
Election of directors--Voting--Terms of office.
40-37-9
Powers of district board of directors.
40-37-10
Special levy for district operations--Certification to county commissioners.
40-37-11
Special tax levy on sheep and cattle--Maximum amount.
40-37-12
Additional tax levied by county commissioners subject to referendum--Amount.
40-37-13
Referendum for additional tax levy--Mailing and contents of ballots--Publication--Computation of results--Time for returning ballots.
40-37-14
Effective period of additional tax--Certification to county commissioners--Levy.
40-37-15
Tax levy not authorized on class of livestock without petition by majority of owners.
40-37-16
Acceptance of voluntary donations and appropriations.
40-37-17
Collection and payment to district of control district taxes--Credit to control district
fund.
40-37-18
Records kept by secretary-treasurers--Public inspection.
40-37-19
Request for information by secretary.
40-38-1
Definition of terms.
40-38-2
Prohibited activities--Exemption for lawful activities of governmental agencies.
40-38-3
Entering or remaining in animal facility where entry forbidden or notice to depart
received--"Notice" defined--Exemption for lawful activities of governmental
agencies.
40-38-4
Violation of § 40-38-2 as misdemeanor or felony.
40-38-5
Civil action by person damaged for three times amount of actual and consequential
damages--Costs and attorney fees.
