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 Repealed by SL 1990, ch 325, § 14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.
40-3-1. Continuation of board--Statutory references to board.
The State Animal Industry Board is continued as a board of state government. The terms "board" or "state board" when used throughout chapters 40-3 to 40-17, inclusive, refer to the State Animal Industry Board unless a different intention is clear.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 1.
40-3-1.1. Reports by board to agriculture department--Administrative functions restored to board--Other independent functions.
The State Animal Industry Board is assigned to the South Dakota Department of Agriculture and Natural Resources only to the extent that the board shall report to the Department of Agriculture and Natural Resources. The board retains responsibility for employment of all personnel working for such board and retains responsibility for all funds of the board and all expenditures thereof, subject only to a report thereon being made to the secretary of agriculture and natural resources. The board retains the quasi-judicial, quasi-legislative, advisory, special budgetary, and other functions (as defined in § 1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of agriculture and natural resources.
Source: SL 1973, ch 2, § 132; SL 1977, ch 319; SL 1990, ch 325, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-3-2. Composition of board--Appointment and terms of office--Vacancies.
The Animal Industry Board shall consist of seven members appointed by the Governor. Any interested farm, commodity, livestock auction or livestock commission, or veterinary organization may submit nominations to the Governor from which appointments may be made. Each term is for a period of three years and until the successor is appointed and qualified. Any vacancy may be filled by appointment of the Governor for the balance of the unexpired term.
The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.
Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1979, ch 266, § 1; SL 1990, ch 325, § 3; SL 2012, ch 16, § 19; SL 2013, ch 176, § 12.
40-3-3. Qualifications of board members--Oath of office.
All members of the Animal Industry Board shall be residents and electors of the state; one member shall be a cattleman, one member shall be a sheepman, one member shall be a livestock feeder, one member shall be a hog producer, one member shall be an owner-operator of a livestock auction or commission company, one member shall be a dairy producer, one member shall be a veterinarian who is actively engaged in practice in the state. All members, other than the veterinarian, shall be persons actively and actually raising or marketing livestock within the state. The members shall qualify by taking and subscribing the oath of office required of other civil officers of the state.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1979, ch 266, § 2; SL 1990, ch 325, § 4.
40-3-4. President and vice-president of board.
The Animal Industry Board shall elect a president and vice-president from among their number for a term of one year beginning with the annual meeting at which they are elected.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 5.
40-3-5. Appointment of executive secretary--Qualifications--Term of office.
The Animal Industry Board shall appoint an executive secretary who shall be a veterinarian and a graduate of a recognized and approved college of veterinary medicine. He may not be a member of the board. His term of office shall be for one year and until his successor is appointed and qualified.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 6.
40-3-6. Employment of other personnel by board.
The Animal Industry Board may employ and dismiss, at its pleasure, without cause, such other assistants and employees as may be necessary in performance of its duties.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 7.
40-3-7. Compensation and duties of executive secretary and employees--Per diem and expenses of board members and employees.
The compensation and duties of the executive secretary and other assistants and employees of the Animal Industry Board shall be fixed by the board pursuant to chapter 3-6D. Each board member shall receive as compensation for the board's services the amount provided by law for each day necessarily employed in the performance of the board's duties and compensation and the expenses of members, secretaries, assistants, and employees, necessarily incurred in performance of public duty shall be paid from public funds.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 8; SL 2018, ch 12, § 21.
40-3-8. Meetings of board.
The Animal Industry Board shall hold its meetings in Pierre at such times as it designates, but there may not be more than four regular meetings each year, including the annual meeting which shall be held on the first Tuesday after the second Monday in July of each year, at which meeting the president and vice-president shall be elected for the ensuing year. However, the president of the board may call special meetings whenever and wherever in the state he considers necessary.
Source: SDC 1939, § 40.0102; SL 1939, ch 149, § 1; SL 1990, ch 325, § 9.
40-3-9. Scope of responsibilities of board.
The Animal Industry Board shall protect the health of livestock including poultry in South Dakota, determine and employ the most efficient and practical means for prevention, suppression, control, and eradication of dangerous, contagious, infectious, or transmissible diseases among the domestic animals of the State of South Dakota, of inspection and regulation of livestock auction sales yards, and of rendering plants.
Source: SDC 1939, § 40.0103; SL 1945, ch 170; SL 1990, ch 325, § 10.
40-3-10. Poultry included in responsibility of board.
In Title 40, the terms "livestock," "domestic animals" and "nondomestic animal" include poultry, unless a different intention is clearly implied.
Source: SDC 1939, § 40.0103 as added by SL 1945, ch 170; SL 1990, ch 325, § 11.
40-3-11. Executive secretary as state veterinarian--General duties and responsibilities.
The executive secretary of the Animal Industry Board shall act as state veterinarian and shall secure all information he can obtain regarding the existence of contagious, infectious, or transmissible diseases of livestock and execute all orders, rules, and regulations made by the board and present at the regular meetings of the board detailed reports of all matters connected with the work done by him during the period preceding the meeting.
Source: SDC 1939, § 40.0104; SL 1990, ch 325, § 12.
40-3-12. State university veterinary diagnostic laboratory to assist board--Examinations.
The South Dakota State University shall furnish the services of its veterinary diagnostic laboratory to the Animal Industry Board, and it shall make diagnostic examinations of all diseased animals or of such material as may be forwarded to it by the board.
Source: SDC 1939, § 40.0112; SL 1990, ch 325, § 13.
40-3-14. Orders of board--Promulgation of rules.
The Animal Industry Board may make all such orders for the execution of the powers conferred upon it and the performance of its duties, to effectuate, enforce, and carry out promptly and efficiently the provisions of the statutes relating to its duties, powers, and jurisdiction. The board may likewise amend or repeal all such orders. The board may promulgate rules pursuant to chapter 1-26 concerning:
(1) The definition of items used to administer this chapter;
(2) Declaratory rulings;
(3) The control and eradication of livestock diseases and parasites;
(4) The regulation of bovine tuberculosis;
(5) The regulation of the importation of animals;
(6) The regulation and licensure of livestock auctions and stockyards;
(7) The regulation and licensure of livestock dealers;
(8) The setting of livestock inspection fees;
(9) The regulation and licensure of rendering establishments and pet food processing plants;
(10) The establishment of swine identification and maintenance of records;
(11) The regulation of livestock exhibits;
(12) The use of federal methods and rules for meat inspection;
(13) The regulation of refrigerated locker plants; and
(14) The regulation of nondomestic animals.
However, the board shall exercise its regulatory and quarantine powers in a manner that affects the minimum geographical area reasonably necessary to control or eradicate disease.
Source: SDC 1939, § 40.0103; SL 1945, ch 170; SL 1981, ch 290; SL 1986, ch 326, § 83; SL 1990, ch 325, § 15; SL 2012, ch 199, § 2; SL 2013, ch 202, § 145.
40-3-15. Publication of bulletins by board.
Bulletins containing the rules of the Animal Industry Board together with such information relating to animals as shall be calculated to promote the purposes of this chapter, may be distributed from time to time by the board to the newspapers of the state, to all persons dealing in such animals, to the proper officers of all transportation companies doing business in this state, and to any citizen of this state upon application therefor. The cost of the bulletins shall be paid out of funds appropriated for the maintenance of the board.
Source: SDC 1939, § 40.0109; SL 1990, ch 325, § 16.
40-3-16. Access to property and inspections by board.
The Animal Industry Board has the right of access to, and inspection of, any place or property if necessary to carry out the powers and duties of the board, or to enforce its rules and orders.
Source: SDC 1939, § 40.0105; SL 1990, ch 325, § 17.
40-3-17. Examination of witnesses by board--Administration of oaths--Subpoena power.
Any member or agent of the Animal Industry Board may examine, under oath, any person believed to possess knowledge of material facts concerning the existence or dissemination or danger of disease among animals, and, for such purpose, has all the powers vested in notaries public to administer oaths, to take depositions, and to compel witnesses to attend and testify.
Source: SDC 1939, § 40.0105; SL 1990, ch 325, § 18.
40-3-18. Fees and mileage of witnesses before board.
Witnesses attending or testifying pursuant to § 40-3-17 shall receive the same fees and mileage as witnesses in the circuit court, to be paid out of the funds appropriated for the enforcement of this chapter, upon vouchers duly approved by the executive secretary of the Animal Industry Board.
Source: SDC 1939, § 40.0105; SL 1990, ch 325, § 19.
40-3-19. Enforcement of board orders by sheriff or law enforcement officer.
The Animal Industry Board may call upon any sheriff or law enforcement officer to execute its orders. Any sheriff or law enforcement officer shall obey the orders of the board.
Source: SDC 1939, § 40.0106; SL 1990, ch 325, § 20.
40-3-20. Disposition of fees collected.
All fees collected by the Animal Industry Board shall be deposited in the state treasury.
Source: SDC 1939, § 40.0113; SL 1990, ch 325, § 21.
40-3-21. Administrative expenses paid from appropriated funds.
The salaries and expenses incurred by the Animal Industry Board in administering the statutes within its jurisdiction and in exercise of its powers and duties shall be paid out of funds appropriated for that purpose.
Source: SDC 1939, § 40.0114; SL 1990, ch 325, § 22.
40-3-22. Annual report to Governor.
On the first day of September in each year the Animal Industry Board shall make an annual report to the Governor which shall be published by the State of South Dakota.
Source: SDC 1939, § 40.0116; SL 1980, ch 10, § 10; SL 1990, ch 325, § 23.
40-3-23. Definitions.
Terms used in this section and in §§ 40-3-24 to 40-3-26, inclusive, mean:
(1) "Animal," any mammal, bird, reptile, amphibian, or fish, except humans;
(2) "Captive nondomestic animal," any nondomestic animal or hybrid thereof held in man-made confinement or physically altered to limit movement and facilitate capture;
(3) "Domestic animal," 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) "Free-roaming animal," any animal not in captivity, other than a domestic animal; and
(5) "Nondomestic animal," any animal that is not domestic.
Source: SL 1993, ch 311, § 1.
40-3-24. Certain nondomestic mammals not allowed--Violation as misdemeanor.
No person may bring into the state or possess in the state any nondomestic mammal unless the mammal is allowed in the state pursuant to § 40-3-25. This section is effective on the date the rules promulgated pursuant to § 40-3-25 are effective. Any violation of this section is a Class 2 misdemeanor.
Source: SL 1993, ch 311, § 2.
40-3-25. Promulgation of rules for bringing nondomestic mammals into state.
The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 to allow to be brought into the state any nondomestic mammals which the board determines would be safe to the public and to the free-roaming animals of the state. Before such rules may be adopted, the Animal Industry Board shall consult with the Game, Fish and Parks Commission.
Source: SL 1993, ch 311, § 3.
40-3-26. Rules regulating breeding, raising, marketing, and transportation of certain captive nondomestic animals.
The Animal Industry Board shall, by rules promulgated pursuant to chapter 1-26, regulate the breeding, raising, marketing, and transportation of any captive nondomestic animal of the mammalia class and the products thereof which is allowed in the state pursuant to § 40-3-25. The rules may provide the following:
(1) Require a permit of any person possessing such animals;
(2) Prescribe the application procedures for a permit;
(3) Require a legal description of the premises where such animals are held;
(4) Require an inventory of such animals at the time of application and require reports to provide for the continual accounting of such animals and their offspring;
(5) Require the marking of such animals for identification purposes;
(6) Require facilities and procedures to ensure such animals to be confined from free-roaming animals;
(7) Establish facility requirements and procedures for identification and inspection of such animals by the board;
(8) Establish the grounds for denial, suspension, or revocation of a permit and for the seizure and disposition of any unlawfully held animal; and
(9) Establish a fee for a permit which may not exceed one hundred dollars.
Source: SL 1993, ch 311, § 4.
40-3-27. Programs for identification of animals and premises involved in animal movements--Records--Purpose.
The Animal Industry Board may develop and implement specific programs for the identification of animals and premises involved in animal movements. Any program implemented pursuant to §§ 40-3-27 to 40-3-29, inclusive, must provide for confidentiality of identification records other than those records requested by law enforcement officers of the state and those records used for mandatory disease control or eradication efforts. A livestock owner may choose to identify animals using any methods set forth in 9 C.F.R. part 86, as adopted on January 9, 2013, as well as any additional methods that are later approved by the South Dakota Animal Industry Board pursuant to this section.
Any identification program implemented pursuant to §§ 40-3-27 to 40-3-29, inclusive, shall be for the sole purpose of maintaining animal health and ensuring the safety of the food supply.
Source: SL 2005, ch 219, § 1; SL 2022, ch 156, § 1.
40-3-28. Development of identification program conflicting with or superceding state brand laws prohibited.
The Animal Industry Board may not develop and implement any identification program that conflicts with or supercedes any provision of the state brand laws.
Source: SL 2005, ch 219, § 2.
40-3-29. Promulgation of rules for implementation of identification programs.
The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 for the implementation of identification programs concerning:
(1) Descriptions of the systems used to implement identification programs;
(2) Methods and procedures to foster cooperation with industry, other states, and the federal government in implementing identification programs;
(3) Definitions to be used in identification programs;
(4) Types of identification approved in identification programs;
(5) Methods for tracking movements of animals included in identification programs;
(6) Penalties for intentional removal of official identification devices from animals within the state or from animals imported into the state;
(7) Confidentiality of identification records other than those used for mandatory disease control and eradication programs;
(8) Types and species of animals included in identification programs; and
(9) Criteria for defining programs as voluntary or mandatory.
Source: SL 2005, ch 219, § 3.
40-3-30. Animal disease research and diagnostic laboratory bond redemption and operations fund.
There is hereby created the state animal disease research and diagnostic laboratory bond redemption and operations fund. Interest earned on money in the fund shall be deposited in the fund. The fund shall be administered by the Animal Industry Board.
Source: SL 2017, ch 43, § 6, eff. Mar. 17, 2017.
