ARTICLE 12:68
DISEASE CONTROL AND MEAT INSPECTION
Chapter
12:68:01 Definitions.
12:68:02 Administration of the division.
12:68:03 Livestock diseases and parasites.
12:68:04 Tuberculosis control.
12:68:05 Brucellosis and contagious abortion.
12:68:06 Importation of animals.
12:68:07 Livestock auctions and stockyards.
12:68:07.01 Livestock dealers.
12:68:07.02 Livestock contracts, Repealed.
12:68:08 Swine dealers, Repealed.
12:68:09 Rendering establishments and pet food processing plants.
12:68:10 Swine identification, Transferred.
12:68:11 Approved pesticides, Repealed.
12:68:12 Exhibition of animals.
12:68:13 Pullorum typhoid control.
12:68:14 Meat inspection.
12:68:15 Meat establishments.
12:68:16 Importation of equine.
12:68:17 Pseudorabies control.
12:68:18 Nondomestic animal control.
12:68:19 Ram epididymitis control.
12:68:20 Inhumane treatment of animals.
12:68:21 Brucellosis control in goats.
12:68:22 Tuberculosis control in goats.
12:68:23 Tuberculosis control in cervidae.
12:68:24 Brucellosis control in cervidae.
12:68:25 Chronic wasting disease in cervidae.
12:68:26 Johne's disease control.
12:68:27 Trichomoniasis control.
12:68:28 Scrapie control.
12:68:29 Livestock identification.
CHAPTER 12:68:01
\r\n\r\n\r\nDEFINITIONS
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:01:01 Definitions.
\r\n\r\n12:68:01:02 Repealed.
\r\n\r\n\r\n\r\n12:68:01:01. Definitions. Terms defined in SDCL chapters 40-3 to 40-33, inclusive, have the same meaning when used in this article. Other terms used in this article mean:
(1) \"Authorized testing agent,\" a person employed by a hatchery to perform the pullorum typhoid test;
(2) \"Baby poultry,\" newly hatched poultry that have not been fed or watered;
(3) \"Boar,\" a male non-neutered swine over six months of age;
(4) \"Board,\" the South Dakota Animal Industry Board;
(5) \"Bovine tuberculosis,\" a disease in cattle caused by mycobacterium tuberculosis bovis;
(6) \"Bovine tuberculosis eradication,\" the complete elimination of bovine tuberculosis from cattle in a state, so that it does not appear unless introduced from another species or from outside the state;
(7) \"Cattle,\" domestic bovine animals of all ages;
(8) \"Certificate of veterinary inspection,\" a document that has been designated by the state of origin as the form for certifying the health status of livestock exported from that state;
(9) \"Direct to slaughter,\" the shipment of livestock from the premises of origin to a slaughter establishment, without diversion to auctions, public stockyards, feedlots, and other assembly points;
(10) \"Domesticated fowl,\" any fowl that, through long association with man, has been bred to a degree that resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species, thereby making it unique and different from wild individuals of its kind;
(11) \"Flock,\" all poultry maintained and segregated for more than twenty-one days on one premises;
(12) \"Hatchery,\" buildings and equipment on one premises operated or controlled for the production of baby poultry;
(13) \"Hatching eggs,\" eggs produced by poultry to be used for hatching;
(14) \"Herd,\" a group of cattle maintained on common ground for any purpose, or two or more groups of cattle that are under common ownership or supervision, and geographically separated, but that have an interchange of cattle without regard to health status;
(15) \"Herd depopulation,\" the removal of all cattle on a premises direct to slaughter;
(16) \"Multiplier breeding flock,\" a flock that is intended for the production of hatching eggs used to provide baby poultry for commercial egg and meat production or for other nonbreeding purposes;
(17) \"Official identification,\" a manner of identification defined in 9 C.F.R. § 86.1 (January 1, 2025) or other means of marking livestock authorized by the board;
(18) \"Owner,\" the legal owner, the owner's agents, and the person in possession of or caring for the livestock;
(19) \"Person,\" a natural person, firm, or corporation;
(20) \"Poultry,\" all domestic fowl and any nondomestic or game bird raised in captivity;
(21) \"Premises under quarantine,\" a confined area under the direct supervision and control of a state livestock health official who establishes procedures to account for all animals entering or leaving the premises;
(22) \"Primary breeding flock,\" a flock that is maintained for the purpose of establishing, continuing, or improving parent lines;
(23) \"Registration tattoo,\" a unique registry identifier tattooed on livestock that has been recorded with a recognized breed registry association;
(24) \"Sow,\" a female swine over six months of age;
(25) \"Started poultry,\" poultry that have been fed and watered and are less than six months of age;
(26) \"State inspector,\" an authorized agent of the board;
(27) \"Surveillance,\" all measures used to detect the presence of disease in livestock;
(28) \"U.S. pullorum typhoid clean,\" flocks or fowl certified as meeting the U.S. pullorum typhoid clean standard, as prescribed in 9 C.F.R. Part 145 (January 1, 2025); and
(34) \"Veterinarian,\" a person who is licensed to practice veterinary medicine within the state and who is approved by the United States Department of Agriculture in accordance with 9 C.F.R. Part 161 (January 1, 2025), to perform functions specified in 9 C.F.R. § 160.1 (January 1, 2025).
Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 43 SDR 41, effective September 26, 2016; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.
12:68:01:02. Gender and numeration of words used.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; repealed, 18 SDR 55, effective September 23, 1991.
\r\n\r\n\r\nCHAPTER 12:68:02
ADMINISTRATION OF THE DIVISION
Section
12:68:02:01 Definitions.
12:68:02:02 Superseded.
12:68:02:03 Number of copies.
12:68:02:04 Obtaining a declaratory ruling.
12:68:02:05 Repealed.
12:68:02:06 Request for decision from agency.
12:68:02:07 Agency action on request.
12:68:02:08 Confidentiality of information.
12:68:02:01. Definitions. Terms defined in SDCL 1-26-1 have the same meanings when used in this chapter. In addition, terms used in this chapter mean:
\r\n\r\n\r\n(1) "Petitioner,"\r\nthe person filing;
\r\n\r\n(2) "Respondent,"\r\nthe person filed against.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\n12:68:02:02. Promulgation, amendment, or repeal of a rule.Superseded.
\r\n\r\n\r\nCommission\r\nNote: SDCL 1-26-13 provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.
\r\n\r\n\r\n12:68:02:03. Number of copies. The petitioner shall\r\npresent the original and one copy of the petition required by SDCL 1-26-13 to the board.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 1-26-13.
\r\n\r\n\r\nCommission\r\nNote: The reference in this section was corrected to comply with 1975\r\nSession Laws, chapter 16, § 24, which provides a statutory procedure for\r\npetitioning an agency for a change in rules.
\r\n\r\n\r\n12:68:02:04. Obtaining a declaratory ruling. Any person\r\nmay have the board issue a decision on the applicability of any statutory\r\nprovision, rule, or order pertaining to matters within the jurisdiction of the\r\nboard by the submission of a petition in writing containing the following\r\ninformation:
\r\n\r\n\r\n(1) The authority by which\r\nthe petition is presented;
\r\n\r\n(2) The name of the person,\r\nagency, or group submitting the petition;
\r\n\r\n(3) The requested action\r\nand reasons for the action;
\r\n\r\n(4) The signature of the\r\nperson or the authorization of group or agency petitioning; and
\r\n\r\n(5) The notarization of the\r\nsignature of authorization.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 1-26-15.
\r\n\r\n\r\n12:68:02:05. Number of copies.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; repealed, 18 SDR 55, effective September 23, 1991.
\r\n\r\n\r\n12:68:02:06. Request for decision from agency. Any party\r\nto a contested case before the board may request a final order terminating\r\nadministrative action declaring the rights and liabilities of the parties to\r\nthe action, by delivering a demand to the executive board, by delivering the\r\nrequest to the executive secretary in person, or by certified mail. Within 30\r\ndays after receipt of the demand, the board must either issue the order or\r\nissue an explanation of what procedures must be followed before it can issue\r\nthe order.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 1-26-13.
\r\n\r\n\r\n12:68:02:07. Agency action on request. Upon receipt of a\r\nrequest for a decision the executive secretary shall immediately mail one copy\r\nto each board member and set a meeting within 30 days to act on the petition. A\r\nhearing pursuant to SDCL 1-26-4(1) shall be held no later than 60 days after the initial receipt by the board of a petition for amendment of rules.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 1-26-13.
\r\n\r\n\r\n12:68:02:08. Confidentiality of information. All identification records collected and maintained by the board are confidential and closed to the public. Identification records includes:
(1) The names and addresses of associated persons; and
(2) The location and identification number of the premises where animals are kept.
The board may disclose records requested by law enforcement of the state and used for mandatory disease control or eradication efforts.
For purposes of this section, records used for mandatory disease control or eradication efforts are those records requested by, or required to be given to, other government agencies to control or eradicate current diseases on the board’s list of reportable diseases. Providing records to other government agencies as part of disease control or eradication efforts does not otherwise change the confidential or closed status of the documents.
Source: 50 SDR 12, effective August 9, 2023.
General Authority: SDCL 40-3-14, 40-3-29.
Law Implemented: SDCL 40-3-27, 40-5-7.
Collateral Reference: South Dakota Animal Industry Board Reportable Disease List, available at https://aib.sd.gov/diseaseinvestigation.html.
CHAPTER 12:68:03
LIVESTOCK DISEASES AND PARASITES
Section
12:68:03:01 Repealed.
12:68:03:02 Importation from blue tongue infested flocks forbidden.
12:68:03:03 Repealed.
12:68:03:04 Carcasses of hogs dying of hog cholera to be disposed of.
12:68:03:05 Procedures for disposal of animal carcasses.
12:68:03:06 Quarantine of anthrax.
12:68:03:07 Disposal of carcasses of animals that died of anthrax.
12:68:03:08 Transferred.
12:68:03:09 List of reportable diseases.
12:68:03:10 Emergency and emerging diseases.
12:68:03:11 Transferred.
12:68:03:12 Marketing biologicals.
12:68:03:01. Vaccination of sheep imported from blue tongue\r\ninfested areas.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; repealed, 18 SDR 55, effective September 23, 1991.
\r\n\r\n\r\n12:68:03:02. Importation from blue tongue infested flocks\r\nforbidden. No sheep may be imported from flocks known to be infected with\r\nblue tongue.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-5-8.
\r\n\r\n\r\n12:68:03:03. Sheep originating from blue tongue infested\r\nstates shall be dipped.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; repealed, 18 SDR 55, effective September 23, 1991.
\r\n\r\n\r\n12:68:03:04. Carcasses of hogs dying of hog cholera to be\r\ndisposed of. Carcasses of hogs which have died from hog cholera shall be\r\nburned within 36 hours with the hide intact or disposed of within 36 hours by\r\nthe operator of a licensed rendering plant or an employee of the plant.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:03:05. Procedures for disposal of animal carcasses. Carcasses of animals that have died from noncommunicable causes shall, within thirty-six hours, be burned, buried to a depth of four feet, incorporated into a composting system, disposed of by a licensed rendering plant, or disposed of at a municipal solid waste landfill or other solid waste disposal facility permitted for carcass disposal.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 44 SDR 47, effective September 18, 2017; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-15.
Cross-Reference: Special wastes, subdivision 74:27:13:17(6).
12:68:03:06. Quarantine of anthrax. If an agent of the\r\nboard determines that anthrax exists, the agent shall impose a\r\nquarantine upon the entire premises, range, or farm. The quarantine\r\nshall be released 30 days after the last diagnosed case of anthrax has died and\r\nbeen disposed of according to § 12:68:03:07.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-5-8.
\r\n\r\n\r\n12:68:03:07. Disposal of carcasses of animals that died of anthrax. All carcasses of animals that have died of anthrax must be consumed by burning, without removal of hides, within thirty-six hours after death. All litter and other material that may become infected must be removed and burned. Material that cannot be moved or burned must be disinfected with one of the following:
(1) Cresolis compositus; or
(2) A disinfectant:
(a) Permitted in 9 C.F.R. § 71.10 (January 1, 2025);
(b) Recommended by the secretary of the board; or
(c) Recommended by a veterinarian.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30. 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.
12:68:03:08. Transferred to chapter 12:68:17.
\r\n\r\n\r\n12:68:03:09. List of reportable diseases.\r\nThe board shall publish a list of reportable and quarantinable\r\ndiseases each year on July 1. Reports of such diseases must be made immediately\r\nby telephone, fax, or writing by licensed accredited veterinarians and by all\r\ndiagnostic laboratories who diagnose diseases on this list. Copies of this list\r\nshall be mailed to all licensed and accredited veterinarians and to diagnostic\r\nlaboratories on July 1 of each year and are available at no charge from the\r\nSouth Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota\r\n57501. The board may keep such reports confidential, except for those reports\r\nconcerning diseases that are specifically regulated for mandatory control and\r\neradication to protect the public health, other livestock, or wildlife.
\r\n\r\n\r\nSource:\r\n27 SDR 96, effective April 1, 2001.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-5-7, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-5-7.
\r\n\r\n\r\n12:68:03:10. Emergency and emerging diseases. In the\r\nevent of a serious emergency threat to the health of the animals of the state\r\nfrom within the state or from other states as determined by the board, the\r\nboard shall consult with the Governor. If the Governor determines that the\r\nthreat is an emergency, the board shall take any of the following actions upon\r\napproval of the Governor, including:
\r\n\r\n\r\n(1) Prohibiting any\r\nmovement of animals into or within the state;
\r\n\r\n\r\n(2) Prohibiting any\r\nmovement of vehicles, equipment, supplies, articles of any kind, or people from\r\nor to any facility or geographical area as determined by the board;
\r\n\r\n\r\n(3) Seizing animals and\r\narticles associated with animals, cleaning and disinfecting articles,\r\ndestroying and disposing of any animal, diseased or healthy, or articles as\r\nnecessary to reduce or eliminate any serious emergency threat to the health of\r\nthe animals of the state;
\r\n\r\n\r\n(4) Cooperate with any\r\nfederal, state, tribal, or local government or private entity to reduce or\r\neliminate any serious emergency threat to the health of the animals of the\r\nstate.
\r\n\r\n\r\nSource:\r\n28 SDR 19, effective August 16, 2001.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.6, 40-5-10, 40-5-18.
\r\n\r\n\r\n12:68:03:11. Transferred\r\nto § 12:68:29:01.
\r\n\r\n\r\n\r\n
12:68:03:12. Marketing biologicals. No person may import, market, or distribute within the state any biological without prior approval by the board.
For purposes of this section, \"biological\" means any product to be used in an animal for the prevention or treatment of disease and any diagnostic testing materials for animal disease.
Source: 34 SDR 100, effective October 22, 2007; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-5-8.
CHAPTER 12:68:04
\r\n\r\n\r\nTUBERCULOSIS\r\nCONTROL
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:04:01 Personnel\r\nauthorized to apply tuberculin tests.
\r\n\r\n12:68:04:01.01 Tuberculosis\r\ncontrol -- Use of federally approved methods and rules.
\r\n\r\n12:68:04:02 Repealed.
\r\n\r\n12:68:04:03 Repealed.
\r\n\r\n12:68:04:04 Requirements\r\nfor special procedures in infected herds.
\r\n\r\n12:68:04:05 Repealed.
\r\n\r\n12:68:04:06 Repealed.
\r\n\r\n12:68:04:07 Repealed.
\r\n\r\n12:68:04:08 Repealed.
\r\n\r\n12:68:04:09 Report of\r\ntuberculin tests.
\r\n\r\n12:68:04:10 Repealed.
\r\n\r\n12:68:04:11 Repealed.
\r\n\r\n12:68:04:12 Repealed.
\r\n\r\n12:68:04:13 Repealed.
\r\n\r\n12:68:04:14 Repealed.
\r\n\r\n12:68:04:15 Repealed.
\r\n\r\n12:68:04:16 Herds containing suspect or reactor animals.
\r\n\r\n12:68:04:17 Repealed.
\r\n\r\n12:68:04:18 Repealed.
\r\n\r\n12:68:04:19 Repealed.
\r\n\r\n12:68:04:20 Repealed.
\r\n\r\n12:68:04:21 Repealed.
\r\n\r\n12:68:04:22 Quarantine of\r\ninfected herds.
\r\n\r\n12:68:04:23 Repealed.
\r\n\r\n12:68:04:24 Repealed.
\r\n\r\n12:68:04:25 Repealed.
\r\n\r\n12:68:04:26 Repealed.
\r\n\r\n12:68:04:27 Repealed.
\r\n\r\n12:68:04:28 Repealed.
\r\n\r\n12:68:04:29 Repealed.
\r\n\r\n12:68:04:30 Transferred.
\r\n\r\n12:68:04:31 Transferred.
\r\n\r\n12:68:04:32 Cleaning and\r\ndisinfection of premises.
\r\n\r\n12:68:04:33 Repealed.
\r\n\r\n12:68:04:34 Newly\r\nassembled herds on depopulated premises to be tested.
\r\n\r\n12:68:04:35 Repealed.
\r\n\r\n12:68:04:36 Tuberculosis\r\ntesting of Mexican animals.
\r\n\r\n12:68:04:37 Transferred.
\r\n\r\n12:68:04:38 Annual testing\r\nof recreational cattle.
\r\n\r\n\r\n\r\n12:68:04:01. Personnel authorized to apply tuberculin tests.\r\nTuberculin tests shall be applied by a veterinarian employed full time by the\r\nstate or the USDA, or by a veterinarian accredited by the USDA and licensed\r\npursuant to SDCL 36-12.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:04:01.01. Tuberculosis control -- Use of federally approved methods and rules. In carrying out the tuberculosis control program in this state, the board shall follow methods contained in 9 C.F.R. Parts 50 and 77 (January 1, 2025).
Source: 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.
12:68:04:02. Caudal\r\nfold test. Repealed
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:03. Cervical\r\ntest for retesting. Repealed
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:04. Requirements\r\nfor special procedures in infected herds. All animals in herds from which\r\nanimals with tuberculosis originate and all animals that are known to have\r\nassociated with infected animals shall be quarantined by an agent of the board.\r\nMovement\r\nof animals from quarantined herds is allowed only under authorization of an\r\nagent of the board.\r\nDisclosure of tuberculosis in any herd shall be followed by a complete\r\nepidemiological investigation by an epidemiologist appointed by the board.\r\nEvery effort must be made by the owner to assure the immediate elimination of\r\nthe disease from all species of domestic and nondomestic animals on the\r\npremises.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority: SDCL 40-3-14.
\r\n\r\nLaw Implemented: SDCL 40-6-10.
\r\n\r\n\r\n\r\n
12:68:04:05. Tuberculin\r\ntest interpretation. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,\r\neffective September 23, 1991; 37 SDR 47, effective September 20, 2010; 45 SDR\r\n82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:06. Injection\r\nsites palpated. Repealed
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective\r\nDecember 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:07. Guidelines\r\nfor caudal fold test. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:08. Mycobacterium\r\ntuberculosis bovis infection. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:09. Report of tuberculin tests. A veterinarian shall report all tuberculin tests performed by the veterinarian, including the individual official identification of each animal by eartag number, age, sex, and breed, and a record of the responses to the state veterinarian.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.
12:68:04:10. Disposition\r\nof reactors. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,\r\neffective September 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:11. Disposition\r\nof suspects. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,\r\neffective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR\r\n47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 45\r\nSDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:12. No\r\nreactors retested. Repealed
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective\r\nDecember 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:13. Movement\r\nfor immediate slaughter. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:14. Movement\r\nof animals restricted. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:15. Permit\r\nrequired to move animals from herds containing suspect animals only.
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:16.
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority: SDCL 40-3-14.
\r\n\r\nLaw Implemented: SDCL 40-3-14(4).
\r\n\r\n\r\n\r\n
12:68:04:17. Release\r\nfrom quarantine of animals from herds containing suspect animals only.
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:18. Deviators.\r\nRepealed
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective\r\nDecember 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:19. Quarantine\r\nof herds when reactors are found. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective\r\nDecember 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:20. Permit\r\nto move animals from quarantined herds. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective\r\nDecember 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:21. Intrastate\r\nmovement of animals from quarantined herds. Repealed
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:22. Quarantine of infected herds. Herds in which\r\nmycobacterium bovis infection has been disclosed\r\nshall remain under quarantine. They must pass two tuberculin tests at intervals\r\nof at least 60 days apart and one additional test six months after the last\r\ntest before the quarantine may be lifted.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:04:23. Quarantine\r\nof herd where reactors are found. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective\r\nDecember 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:24. Release\r\nfrom quarantine of NGL reactors. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective\r\nDecember 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:25. Quarantine\r\nof suspect animals only. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective\r\nDecember 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:26. Additions\r\nto accredited herds. Repealed
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:27. Animals\r\nadded to accredited herds. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 23, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:28. Animals\r\nto be tested under accredited herd plan. Repealed
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:29. Accreditation\r\nand reaccreditation of accredited herd. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective\r\nDecember 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:30.
\r\n\r\n
12:68:04:31.
12:68:04:32. Cleaning and disinfection of premises. Premises where tuberculous animals have been maintained must be thoroughly cleaned and disinfected, under the supervision of the board, with a disinfectant permitted in 9 C.F.R. § 71.10 (January 1, 2025).
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.
12:68:04:33. Origin\r\nof infection. Repealed
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:34. Newly\r\nassembled herds on depopulated premises to be tested. In a newly assembled\r\nherd on a premises where a tuberculous herd has been depopulated, annual herd\r\ntests may
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority: SDCL 40-3-14.
\r\n\r\nLaw Implemented: SDCL 40-3-14(4).
\r\n\r\n\r\n\r\n
12:68:04:35. Herds\r\nwith history of lesions to be retested. Repealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:04:37. Transferred\r\nto § 12:68:29:08.
\r\n\r\nCHAPTER 12:68:05
\r\n\r\n\r\nBRUCELLOSIS AND\r\nCONTAGIOUS ABORTION
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:05:01 Brucellosis control --\r\nUse of federally approved methods and rules.
\r\n\r\n12:68:05:02 Repealed
\r\n\r\n12:68:05:02.01 Brucellosis test\r\nrequirement from Class C, Class B, or Class A states.
\r\n\r\n12:68:05:02.02 Transferred.
\r\n\r\n12:68:05:03 Repealed.
\r\n\r\n12:68:05:04 Repealed.
\r\n\r\n12:68:05:05 Repealed.
\r\n\r\n12:68:05:06 Repealed.
\r\n\r\n12:68:05:07 Repealed.
\r\n\r\n\r\n\r\n12:68:05:01. Brucellosis\r\ncontrol -- Use of federally approved methods and rules. The board shall\r\nfollow the methods contained in "Brucellosis Eradication: Uniform Methods\r\nand Rules," Animal and Plant Health Inspection Service, USDA, October 1,\r\n2003.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; 6 SDR 107, effective May 21, 1980; 10 SDR 123, effective May\r\n20, 1984; 12 SDR 190, effective June 1, 1986; 12 SDR 128, 12 SDR 154, effective\r\nJuly 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective\r\nApril 1, 2001; 34 SDR 100, effective October 22, 2007; 45 SDR 82, effective\r\nDecember 11, 2018.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-14.
\r\n\r\n\r\n\r\n
Reference:\r\n"Brucellosis Eradication: Uniform Methods and Rules," APHIS\r\n91-45-013, October 1, 2003, published by Animal and Plant Health Inspection\r\nService, U.S. Department of Agriculture. Copies may be obtained at no charge\r\nfrom the South Dakota Animal Industry Board, 411 South Fort Street, Pierre,\r\nSouth Dakota 57501.
\r\n\r\n\r\n\r\n
12:68:05:02. Change\r\nof ownership test. Repealed
\r\n\r\n
Source: 6 SDR 107,\r\neffective May 21, 1980; 12 SDR 190, effective June 1, 1986; 12 SDR 128, 12 SDR\r\n154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR\r\n96, effective April 1, 2001; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:05:02.01 Brucellosis\r\ntest requirement from Class C, Class B, or Class A states. Any\r\ntest-eligible cattle or bison imported from a Class C, Class B, or Class A\r\nstate, as defined in "Brucellosis Eradication, Uniform Methods and\r\nRules," October 1, 2003, must test negative to a brucellosis test within\r\nthe 30 days before importation.
\r\n\r\n\r\n\r\n
Source: 18 SDR\r\n215, effective June 30, 1992; 27 SDR 96, effective April 1, 2001; 28 SDR 19,\r\neffective August 16, 2001; 34 SDR 100, effective October 22, 2007; 45 SDR 82,\r\neffective December 11, 2018.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-14.
\r\n\r\n\r\n\r\n
Reference:\r\n"Brucellosis Eradication: Uniform Methods and Rules," APHIS\r\n91-45-013, October 1, 2003, published by Animal and Plant Health Inspection\r\nService, U.S. Department of Agriculture. Copies may be obtained at no charge\r\nfrom the South Dakota Animal Industry Board, 411 South Fort Street, Pierre,\r\nSouth Dakota 57501.
\r\n\r\n\r\n\r\n
12:68:05:02.02. Transferred\r\nto § 12:68:29:09.
\r\n\r\n 12:68:05:03. Retest\r\nrequirement. Repealed
\r\n\r\n
Source: 6 SDR 107,\r\neffective May 21, 1980; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR\r\n215, effective June 30, 1992; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:05:04. "S" branding of feedlot cattle and\r\nbuffalo.Repealed.
\r\n\r\n\r\nSource:\r\n10 SDR 123, effective May 20, 1984; 12 SDR 128, 12 SDR 154, effective July 1,\r\n1986; repealed, 18 SDR 55, effective September 23, 1991.
\r\n\r\n\r\n 12:68:05:05. Waiver\r\nof brucellosis test for animals from brucellosis-free area.
\r\n\r\n
Source: 10 SDR 123,\r\neffective May 20, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR\r\n55, effective September 23, 1991; 28 SDR 19, effective August 16, 2001; 45 SDR\r\n82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:05:06. "F"\r\nbranding requirements for cattle imported from Class B and C states. Repealed.
\r\n\r\n\r\n\r\n
Source: 12 SDR\r\n190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR\r\n96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 45 SDR 82,\r\neffective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:05:07. Waiver\r\nof "F" branding requirements. Repealed.
\r\n\r\n\r\n\r\n
Source: 12 SDR 190,\r\neffective June 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82,\r\neffective December 11, 2018.
\r\n\r\n\r\n\r\n
CHAPTER 12:68:06
\r\n\r\n\r\nIMPORTATION OF\r\nANIMALS
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:06:01 Certificate\r\nof veterinary inspection to accompany imported animals, semen, and embryos.
\r\n\r\n12:68:06:02 Information to be contained in\r\ncertificates of veterinary inspection.
\r\n\r\n12:68:06:03 Repealed.
\r\n\r\n12:68:06:04 Repealed.
\r\n\r\n12:68:06:05 Repealed.
\r\n\r\n12:68:06:06 Repealed.
\r\n\r\n12:68:06:07 Importation from area with screw worm\r\nproblem.
\r\n\r\n12:68:06:08 Imported animals to be quarantined.
\r\n\r\n12:68:06:09 Importation\r\nof cats and dogs.
\r\n\r\n12:68:06:10 Swine for immediate slaughter.
\r\n\r\n12:68:06:11 Repealed.
\r\n\r\n12:68:06:12 Inspectors.
\r\n\r\n\r\n\r\n12:68:06:01. Certificate\r\nof veterinary inspection to accompany imported animals, semen, and embryos.\r\nThe certificate of veterinary inspection required by SDCL 40-14-2 must accompany all animals, semen, and embryos imported into South Dakota, unless\r\nspecifically exempted by rule.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,\r\neffective September 23, 1991; 34 SDR 100, effective October 22, 2007; 39 SDR\r\n32, effective September 3, 2012; 43 SDR 41, effective September 26, 2016.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14.
\r\n\r\nLaw Implemented:\r\nSDCL 40-14-2.
\r\n\r\n\r\n\r\n
12:68:06:02. Information\r\nto be contained in certificates of veterinary inspection. Each\r\ncertificate of veterinary inspection shall include:
\r\n\r\n\r\n\r\n
(1) The\r\nconsignor and consignee's name and address;
\r\n\r\n(2) The\r\nplace and date the certificate of veterinary inspection is issued;
\r\n\r\n(3) The\r\nspecies of animal and its sex, age, and breed;
\r\n\r\n(4) An\r\nindividual identification of each animal covered by the certificate of\r\nveterinary inspection;
\r\n\r\n(5) A permit\r\nfrom the board when applicable;
\r\n\r\n(6) Information\r\nrequired by the board about the results of tests conducted or vaccines\r\nadministered for various diseases;
\r\n\r\n(7) A\r\ncertification as to any treatment which the board may require;
\r\n\r\n(8) The\r\nsignature of an accredited veterinarian licensed by the state of origin; and
\r\n\r\n(9) For\r\nsemen and embryos: identification on the shipping container or individual\r\npackages as determined by the board.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,\r\neffective September 23, 1991; 34 SDR 100, effective October 22, 2007; 43 SDR\r\n41, effective September 26, 2016.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14.
\r\n\r\nLaw Implemented:\r\nSDCL 40-6-3 to 40-6-8, 40-7-20, 40-8-9 to 40-8-14, 40-16-15 to 40-16-17, 40-26-13, 40-26-14.
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
12:68:06:07. Importation from area with screw worm problem.\r\nA person may not import animals into this state for the purpose of grazing from\r\na state that has an animal screwworm problem by the board's common knowledge\r\nwithout first obtaining a permit to do so under the supervision of the\r\nexecutive secretary or an authorized agent of the executive secretary.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:06:08. Imported animals to be quarantined. All\r\nanimals imported pursuant to § 12:68:06:07 must be quarantined until they\r\nare inspected and released by an authorized agent of the board.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n
\r\n\r\n
(1) No\r\nperson may import any dog or cat over three months of age without certification\r\nof a current rabies vaccination. If a dog or cat is imported from an area that\r\nis quarantined for rabies, a certifying statement is required from an\r\naccredited veterinarian that the dog or cat has not been exposed to rabies. No\r\nperson may import any dog or cat less than three months of age from an area under\r\nquarantine for rabies;
\r\n\r\n\r\n\r\n
(2) A\r\ncertificate of veterinary inspection is not required for dogs and cats entering\r\nthe state unless:
\r\n\r\n\r\n\r\n
(a) The\r\nanimal originates from an area quarantined for rabies;
\r\n\r\n(b) The\r\nanimal originates from a foreign county;
\r\n\r\n(c) The\r\nanimal is to remain in the state for 30 days or more;
\r\n\r\n(d) A\r\nresident travels with an animal to another state or province and does not\r\nreturn within 30 days; or
\r\n\r\n(e) The\r\nstate veterinarian determines that it is necessary based on disease information\r\nfor a time period not to exceed the term of the threat;
\r\n\r\n\r\n\r\n
(3) It\r\nis not a violation of this section to bring a dog or cat into the state from a\r\nbordering state for the purpose of obtaining any vaccination or other health\r\ncare from a licensed veterinarian.
\r\n\r\n\r\n\r\n
\r\n\r\n
12:68:06:10. Swine for immediate slaughter. All swine\r\nimported or brought into South Dakota for the purpose of immediate slaughter\r\nmust be consigned to state or federally inspected slaughter houses.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective\r\nJuly 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:06:11. Baby calf importation.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: SL 1975, ch 16, § 1; 12 SDR\r\n128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23,\r\n1991; 19 SDR 88, effective December 20, 1992; 34 SDR 100, effective October 22,\r\n2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September\r\n3, 2012; repealed, 41 SDR 45, effective September 8, 2014.
\r\n\r\nGeneral Authority: SDCL 40-3-14.
\r\n\r\nLaw Implemented: SDCL 40-3-9, 40-3-14.
\r\n\r\n\r\n\r\n
12:68:06:12. Inspectors. An inspector is a person\r\nauthorized by the board to perform the functions specified in\r\n§§ 12:68:06:01 to 12:68:06:12, inclusive.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-9.
\r\n\r\n\r\nCHAPTER 12:68:07
\r\n\r\n\r\nLIVESTOCK AUCTIONS AND STOCKYARDS
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:07:01 Construction requirements of pens, sales\r\nrings, and alleys.
\r\n\r\n12:68:07:02 Exception for purchased cattle.
\r\n\r\n12:68:07:03 Sanitation requirements of pens, sales\r\nrings, and alleys.
\r\n\r\n12:68:07:04 Minimum veterinary inspection fees.
\r\n\r\n\r\n\r\n12:68:07:01. Construction requirements of pens, sales rings,\r\nand alleys. Sales rings, sorting pens, and incoming alleys at auction\r\nagencies must be equipped with floors of hard impervious texture not less than\r\nthree inches thick and\r\nconstructed to drain well for cleaning and disinfection.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 10 SDR 61, effective\r\nDecember 18, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,\r\neffective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-15-13.
\r\n\r\n\r\n12:68:07:02. Exception for purchased cattle. Upon the\r\nbuyer's request, cattle may be yarded in earth-floored pens after being\r\npurchased.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:07:03. Sanitation requirements of pens, sales rings, and alleys. Pens, sales rings, and alleys at livestock auction agencies must be thoroughly cleaned following each sale. The supervising veterinarian of an auction market, upon finding a possible disease condition of livestock, shall order the premises to be disinfected, in a manner approved by the board.
Source: SL 1975, ch 16, § 1; 10 SDR 61, effective December 18, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14, 40-15-14, 40-15-36.
Law Implemented: SDCL 40-15-13, 40-15-14, 40-15-22.
12:68:07:04. Minimum veterinary inspection fees. The\r\nminimum inspection fees are as follows:
\r\n\r\n\r\n(1) Cattle, 15 cents a\r\nhead;
\r\n\r\n(2) Horses, 25 cents a\r\nhead;
\r\n\r\n(3) Hogs, 10 cents a head;
\r\n\r\n(4) Sheep and goats, 10\r\ncents a head.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 14 SDR 116, effective March 13, 1988; 21 SDR 36,\r\neffective September 1, 1994.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-15-36.
\r\n\r\nLaw\r\nImplemented: SDCL 40-15-17.
\r\n\r\n\r\nCHAPTER 12:68:07.01
\r\n\r\n\r\nLIVESTOCK DEALERS
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:07.01:01 Record keeping requirements of livestock\r\ndealers.
\r\n\r\n\r\n\r\nCHAPTER 12:68:07.02
\r\n\r\n\r\nLIVESTOCK CONTRACTS
\r\n\r\n(Repealed.\r\n34 SDR 100, effective October 22, 2007)
\r\n\r\n\r\n\r\nCHAPTER 12:68:08
\r\n\r\n\r\nSWINE DEALERS
\r\n\r\n(Repealed.\r\n18 SDR 55, effective September 23, 1991)
\r\n\r\n\r\n\r\nCHAPTER 12:68:09
\r\n\r\n\r\nRENDERING ESTABLISHMENTS AND PET FOOD\r\nPROCESSING PLANTS
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:09:01 Repealed.
\r\n\r\n12:68:09:02 Definitions.
\r\n\r\n12:68:09:03 Rendering plant or collecting station\r\nlicense -- Inspection required.
\r\n\r\n12:68:09:03.01 Contract\r\nhauler permit.
\r\n\r\n12:68:09:04 Removal\r\nof diseased carcasses.
\r\n\r\n12:68:09:05 Truck requirements.
\r\n\r\n12:68:09:06 Truck number.
\r\n\r\n12:68:09:07 Sanitation requirements for trucks.
\r\n\r\n12:68:09:08 Requirements for collecting stations.
\r\n\r\n12:68:09:09 Requirements for rendering plants.
\r\n\r\n12:68:09:10 Sanitation guidelines.
\r\n\r\n12:68:09:11 Requirements for offal depositories.
\r\n\r\n12:68:09:12 Revocation of or refusal to issue\r\nlicenses.
\r\n\r\n12:68:09:13 Appeals.
\r\n\r\n12:68:09:14 Reciprocal agreements.
\r\n\r\n12:68:09:15 Licensing of\r\npet food processing plants.
\r\n\r\n12:68:09:16 Requirements for pet food processing\r\nplants.
\r\n\r\n12:68:09:17 Transportation requirements for pet food\r\ncarcasses.
\r\n\r\n12:68:09:18 Services of veterinarian required for\r\npet food processing plants.
\r\n\r\n12:68:09:19 Pet food processing requirements.
\r\n\r\n12:68:09:20 Record keeping requirements of pet food\r\nprocessing plants.
\r\n\r\n12:68:09:21 Revocation of or refusal to issue a pet\r\nfood processing plant license.
\r\n\r\n\r\n\r\n12:68:09:01. Requirements for licensing.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; repealed, 12 SDR 41,\r\neffective September 17, 1985.
\r\n\r\n\r\n12:68:09:02. Definitions. Terms used in this chapter are defined as follows:
\r\n\r\n\r\n(1) "Carcass,"\r\nthe body or any part of the body of any animal that has died for any reason\r\nincluding those slaughtered for human or animal consumption. This\r\ndefinition does not include meat food products as defined in SDCL 39-5-6(16);
\r\n\r\n\r\n(2) "Collecting\r\nstation," an establishment maintained and operated by a licensed rendering\r\nplant where carcasses for temporary keeping may be unloaded from trucks\r\noperating under the establishment license and reloaded only in trucks operating\r\nunder the same establishment license;
\r\n\r\n\r\n(3) "License," a\r\nrendering plant or collecting station license issued by the board to the owner\r\nor operator of a rendering plant or collecting station upon submission of an\r\napplication according to SDCL 40-17 and this chapter.
\r\n\r\n\r\n(4) "Rendering,"\r\nthe processing of carcasses, fish, poultry, and parts thereof, including scraps\r\nand grease, by cooking under steam pressure, including the skinning and\r\ndismembering of carcasses;
\r\n\r\n\r\n(5) "Rendering\r\nplant," an establishment where rendering is conducted, including the rooms\r\nor buildings where skinning and dismembering of carcasses is done; the tanks in\r\nwhich carcasses are cooked; the rooms or building used for storage of hides, tankage,\r\nor other products from processing; the adjacent areas used in the operations of\r\ncollecting, hauling, skinning, dismembering, and cooking carcasses and the\r\npackaging, storing, and loading of the finished product of the rendering\r\noperation; the area used for the disposal of waste material unsuitable for\r\nrendering; and the liquid waste disposal facilities of the plant;
\r\n\r\n\r\n(6) "Truck," a\r\nvehicle or conveyance used for the transportation of carcasses, fish, poultry,\r\nrenderable parts, or by-products;
\r\n\r\n\r\n(7) "Contract\r\nhauler," a person who maintains a contract with a licensed rendering\r\nestablishment from South Dakota or from another state for the transport of\r\ncarcasses to such rendering establishment or for the transport of carcasses to\r\nor from a collection station.
\r\n\r\n\r\nSource: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR\r\n154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 31 SDR\r\n21, effective August 18, 2004.
\r\n\r\nGeneral Authority: SDCL 40-3-14(1).
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:03. Rendering plant or collecting station license --\r\nInspection required. The application for a rendering plant or collecting\r\nstation license must include the following information:
\r\n\r\n\r\n(1) The name of the\r\nrendering plant or collecting station and its location by city, village, or\r\ntownship and county;
\r\n\r\n(2) The description of each\r\ntruck to be used in the transportation of carcasses, including the license\r\nnumber and truck body number; and
\r\n\r\n(3) The signature of the\r\nowner or operator of the rendering plant or collecting station or an authorized\r\nagent of the owner or operator.
\r\n\r\n\r\nIf the application lists a truck owned\r\nby some person other than the owner or operator of the rendering plant or\r\ncollecting station, the owner or operator of the rendering plant or collecting\r\nstation is responsible for compliance with SDCL chapter 40-17 and this chapter pertaining to the transportation of carcasses by the owner or operator of the truck listed. The application must indicate the name and address of the owner of the truck, and the application must be accompanied by a copy of a contract between the owner or operator of the rendering plant or collecting station and the owner or operator of the truck.
\r\n\r\n\r\nBefore a license is issued, an\r\ninspection of the plant, collecting station, and trucks listed on the\r\napplication shall be made by an agent of the board to determine if the\r\nfacilities of the plant and the trucks meet the requirements of SDCL chapter 40-17 and this chapter. The inspector shall file a report of the inspection with the board.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:03.01. Contract hauler permit. Contract haulers\r\nmust file an application for and receive a permit to operate on a form provided\r\nby the Board. Contract haulers must comply with the provisions of\r\n§§ 12:68:09:05, 12:68:09:06, and 12:68:09:07.
\r\n\r\n\r\nSource:\r\n31 SDR 21, effective August 18, 2004.
\r\n\r\nGeneral Authority: SDCL 40-3-14(3).
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-3.
\r\n\r\n\r\n12:68:09:04. Removal of diseased carcasses. Licenses do\r\nnot allow the removal, transportation, or rendering of a carcass of an animal\r\nwhich died from anthrax or rabies. If circumstances do not allow the disposal\r\nof a carcass of an animal which died from rabies or is suspected to have died\r\nfrom rabies, the carcass may be transported by a licensed rendering truck\r\ndirectly to a licensed rendering plant for special handling under the direct\r\nsupervision of a veterinarian.
\r\n\r\n\r\nIf the board determines that the removal,\r\ntransportation, or rendering of a carcass of an animal or fowl which died or\r\nwas killed because of a specified disease will endanger the health of the\r\ndomestic animals of the state, the board shall notify all licensed rendering\r\nplants. After notification, no rendering plant may remove, transport, or render\r\nthe carcass of an animal or fowl which died from the disease or was killed\r\nbecause it was infected with or exposed to the disease.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-17-2.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:05. Truck requirements. Trucks must be equipped\r\nwith a truck body or tank that is watertight and does not allow drippings or seepings from the carcasses to escape. The truck body or\r\ntank must have a permanent cover and be completely enclosed. A cover\r\narrangement that is not permanent may be used on a truck or trailer in special\r\ncircumstances, such as hauling carcasses from collecting stations directly to\r\nthe main plant, if it passes inspection as being completely enclosed and prior\r\napproval is received from the board or its agent before it is used. The\r\ntailgate must completely enclose the rear openings of the truck. Trucks used\r\nfor hauling renderable products other than carcasses\r\nmust be constructed to prevent dripping and equipped with a cover that prevents\r\nthe transported product from exposure to the outside. Persons hauling carcasses\r\nfor medical or scientific purposes shall do so in leakproof\r\ncontainers designed to prevent spillage or the dripping of liquid waste.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-17-2.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:06. Truck number. Each truck used for the\r\ntransportation of carcasses shall be assigned a body number by the rendering\r\nplant. Both the number of the license issued to the rendering plant or\r\ncollecting station and the body number of the truck shall be printed\r\nconspicuously on the left side of the truck bed or body in figures at least\r\nfour inches high. No numbers are required on trucks hauling renderable\r\nparts, by-products, or fish other than carcasses.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:07. Sanitation requirements for trucks. When a truck and the person in charge of the truck or the person's agent have been on premises for the purpose of removing a carcass and before the truck is taken on a public highway or on other premises, the wheels of the truck and the shoes or boots of persons who have been on the premises must be thoroughly cleaned and disinfected with a disinfectant. Cleaning and disinfection of truck wheels and footwear must also be conducted before a truck leaves the premises of the rendering plant or collecting station. From May first to September thirtieth, before the permanent cover is closed and the truck leaves the premises, sufficient insecticide to destroy all flies must be discharged into the truck body and cab.
Carcasses may not be removed from the truck except at the rendering plant of final disposal or at a collecting station. All carcasses must be unloaded within enclosures or a building provided for unloading.
A truck may not be used for any other purpose until it is thoroughly cleaned and disinfected. Any unrenderable article or thing that may be transported with a carcass may be unloaded only at the rendering plant or collecting station and disposed of there by burning or burying, except metal containers, which must be thoroughly cleaned and disinfected before leaving the rendering plant or collecting station.
Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14, 40-17-9.1.
Law Implemented: SDCL 40-17-9.
Collateral Reference: General provisions, 9 C.F.R. Part 71 (January 1, 2025).
12:68:09:08. Requirements for collecting stations. A\r\ncollecting station must include a building or buildings provided with concrete\r\nfloors with good drainage and constructed to be maintained in a sanitary\r\ncondition. There must be provision to prevent entrance to the building of\r\nrodents or other animals. All windows, doors, and other openings must be\r\nscreened unless a program for insect extermination is followed in the buildings\r\nand on the premises where the buildings are located.
\r\n\r\n\r\nProvision must be made for washing and\r\ndisinfection of trucks at the time carcasses are unloaded at collecting\r\nstations.
\r\n\r\n\r\nFloors and walls of the collecting\r\nstation must be thoroughly flushed or scrubbed with live steam or boiling water\r\nimmediately upon removal of all carcasses and at least once daily while the\r\ncollecting station is in operation. All floor washings and other liquid waste\r\nor accumulation of water must be disposed of through disposal facilities.
\r\n\r\n\r\nCarcasses unloaded at collecting\r\nstations must be unloaded within enclosures or buildings provided for that\r\npurpose. No carcass may remain in the collecting station for longer than 24\r\nhours before reloading into another licensed truck operated by the same\r\nestablishment for transportation directly to the plant.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:09. Requirements for rendering plants. A\r\nrendering plant must include a building or buildings provided with concrete\r\nfloors with good drainage and constructed to be maintained in a sanitary\r\ncondition. There must be provision to prevent entrance to the buildings of\r\nrodents or other animals. All windows, doors, and other openings must be\r\nscreened unless a program for insect extermination is followed in the buildings\r\nand on the premises where the buildings are located.
\r\n\r\n\r\nAll skinning and dismembering of\r\ncarcasses must be done in buildings constructed for that purpose. The cooking\r\nvats must be airtight except for vents for the live steam used in cooking. All\r\nsteam vents must be furnished with closing mechanisms and steam valve gauges to\r\nensure that cooking is at the required steam pressure. All carcasses and parts\r\nmust be disposed of by subjecting them to a cooking and rendering procedure in\r\nvats or tanks under steam pressure.
\r\n\r\n\r\nFloors and walls of the plant must be\r\nthoroughly flushed or scrubbed daily with live steam or boiling water when the\r\nplant is in operation. All floor washings and other liquid waste or\r\naccumulation of water from washing the viscera must be disposed of through\r\ndisposal facilities.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:10. Sanitation guidelines. The following\r\nsanitation guidelines are designed to decrease bacterial contamination of the\r\nplant and the finished product and must be complied with as far as practicable:
\r\n\r\n\r\n(1) The raw material room,\r\nprocessing room, and finished product room must be divided into completely\r\nseparate areas by solid walls and ceilings;
\r\n\r\n\r\n(2) The work pattern of\r\nemployees from one work area to another must be controlled or equipment and\r\nspace for scrubbing footwear, changing clothes, and washing hands between such\r\nwork areas must be supplied;
\r\n\r\n\r\n(3) The transfer of\r\nequipment, tools, mechanical loaders, or scrapers must be avoided, particularly\r\nfrom the raw material or processing area to the storage and blending areas;
\r\n\r\n\r\n(4) A constant and active\r\nrodent, bird, and insect control program must be maintained, especially in\r\nareas where the finished product is stored;
\r\n\r\n\r\n(5) Visitors must be\r\nexcluded or provided with good security measures such as disposable or washable\r\nfootwear. Tours must be conducted from the finished product area to the raw\r\nmaterial area;
\r\n\r\n\r\n(6) Excess production,\r\naccumulation, and distribution of dust in the grinding area must be avoided.\r\nConveyor belts and whirling machinery must be covered to keep air movement at a\r\nminimum. Dust that settles on beams, shelves, window sills, and equipment must\r\nbe removed by vacuuming;
\r\n\r\n\r\n(7) All spillage must be\r\nreprocessed through the cookers;
\r\n\r\n\r\n(8) A thorough daily\r\ncleanup of floors and equipment must be conducted. The accumulation of pools of\r\nwater must be avoided. Floors and equipment must be kept as dry as possible;
\r\n\r\n\r\n(9) Washing, showering, and\r\ndressing facilities must be available to all employees; and
\r\n\r\n\r\n(10) The rendering plant\r\noperator must cooperate with the salmonella monitoring system carried out by\r\nfield veterinarians.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:11. Requirements for offal depositories. The\r\nrequirements for offal depositories are as follows:
\r\n\r\n\r\n(1) Stomach and intestinal\r\ncontents from carcasses to be rendered, if not cooked with the carcass or\r\nwashed into disposal facilities with other liquid waste, must be deposited in a\r\npit or depository provided for that purpose and must be allowed to remain in\r\nthe pit or depository for at least three months. At the end of three months,\r\nthe offal must be buried or removed and spread on fields to which no domestic\r\nanimals have access. No parts of carcasses other than stomach and intestinal\r\ncontents may be deposited in offal pits or depositories;
\r\n\r\n\r\n(2) Pits or depositories\r\nmay not be located near any river, stream, lake, pond, or well; any gulch or\r\ndraw which is the source of a stream or drain; or on ground which may be\r\nflooded by the overflow water of a river, stream, lake, or pond;
\r\n\r\n\r\n(3) Any accumulation of\r\nfluid from pits or depositories must drain directly into the waste disposal\r\nfacilities; and
\r\n\r\n\r\n(4) Pits and depositories\r\nmust be constructed so that no dogs or other animals can gain access to the\r\noffal deposited in them.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:12. Revocation of or refusal to issue licenses.\r\nThe board may refuse to issue or may revoke a rendering plant or collecting\r\nstation license if the establishment is operated in an unsanitary manner that\r\nendangers the health of domestic animals and fowl of this state or any other\r\nstate or if the establishment violates this chapter or any other rule\r\npromulgated by the board.
\r\n\r\n\r\nNotices of refusal to issue a license\r\nor of revocation of a license must be in writing, stating the reasons for the\r\nrefusal or revocation, and must be served personally on or mailed by certified\r\nletter to the applicant.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:13. Appeals. A rendering plant or collecting\r\nstation operator may appeal from a refusal of the board to issue the operator a\r\nlicense or from a revocation of a license. The operator must file a request for\r\nappeal with the board within 30 days after receipt of the notice of refusal to\r\nissue a license or of a revocation. Within 30 days after receipt of a request\r\nfor appeal, the board shall set a date for a hearing before a majority of the\r\nboard or before a hearing officer appointed for that purpose. Such an appeal\r\ndoes not have the effect of staying a revocation. The board shall notify the\r\nappealing party in writing of the date set for the hearing.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:14. Reciprocal agreements. The secretary and\r\nexecutive officer of the board may enter into reciprocal agreements on behalf\r\nof this state with one or more adjacent states providing for licenses to be\r\nissued to rendering plants or collecting stations located in either state to\r\ntransport carcasses over the public highways of this state and the\r\nreciprocating state.
\r\n\r\n\r\nThis section applies only if the\r\nadjacent state has in effect standards and requirements which are the\r\nequivalent of the standards and requirements of this state.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2.
\r\n\r\n\r\n12:68:09:15. Licensing of pet food processing plants.\r\nOwners or operators of pet food processing plants who transport the carcasses\r\nof domestic animals that have died or have been killed, otherwise than by being\r\nslaughtered for human consumption, over the public highways to their plants for\r\nprocessing into pet food must apply for a license on a form furnished by the\r\nboard.
\r\n\r\n\r\nThe facilities and vehicles must be\r\ninspected by an agent of the board prior to licensure. Sanitation standards and\r\nprocedures for hauling and processing carcasses into inedible meat must comply\r\nwith the requirements in §§ 12:68:09:07 and 12:68:09:10 before a license\r\nis issued.
\r\n\r\n\r\nLicenses do not allow pet food\r\nprocessing plants to knowingly remove, transport, or process the carcass of an\r\nanimal which has died from anthrax, rabies, or toxic materials or which is\r\ndecomposed.
\r\n\r\n\r\nLicenses are valid for one year from\r\ndate of issue unless revoked.
\r\n\r\n\r\nSource:\r\n12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-17-9.1.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-2, 40-17-9.1.
\r\n\r\n\r\n12:68:09:17. Transportation requirements for pet food\r\ncarcasses. A license from the board must be obtained by all establishments\r\nor persons transporting denatured inedible meat or carcass parts within or out\r\nof the state. Licenses are issued annually. Only licensed vehicles as described\r\nin § 12:68:09:06 may be used for transporting carcasses received or picked\r\nup from livestock owners and carcasses, carcass parts, or other material\r\ntransported to and from rendering plants or pet food processing plants operating\r\nunder this chapter.
\r\n\r\n\r\nSource:\r\n12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-17-9.1.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-9.1.
\r\n\r\n\r\n12:68:09:18. Services of veterinarian required for pet food\r\nprocessing plants. The plant management must employ or engage the services\r\nof a licensed veterinarian for the purpose of inspecting carcasses and\r\nsupervising plant sanitation. The veterinarian selected may designate, with\r\nplant manager approval, an alternate veterinarian to perform this service in\r\nthe veterinarian's absence. The veterinarian and any alternate must be named on\r\nthe license application. The veterinarian and alternate veterinarian must be\r\nauthorized by the board to act as official veterinarian. The official\r\nveterinarian shall report to the board any failure on the part of plant\r\nmanagement to carry out sanitary procedures set forth in this chapter. All\r\ncompensation for services rendered by either veterinarian must be paid by the\r\nprocessing plant management.
\r\n\r\n\r\nSource:\r\n12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-17-9.1.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-9.1.
\r\n\r\n\r\nCross-Reference:\r\nVeterinarians, SDCL 36-12.
\r\n\r\n\r\n12:68:09:19. Pet food processing requirements. Pet food\r\nmust be processed as follows:
\r\n\r\n\r\n(1) All processing of\r\nanimal carcasses into pet food must be accomplished in a plant as described in\r\n§ 12:68:09:16;
\r\n\r\n\r\n(2) Carcasses presented to\r\nthe veterinarian for inspection must have the lungs, heart, liver, and kidneys\r\nattached. Prior to inspection, such carcasses must be held in a chill room at a\r\ntemperature of 40-50°\r\nF to prevent decomposition;
\r\n\r\n\r\n(3) Carcasses which show\r\nevidence of a communicable disease such as anthrax or rabies, toxic material,\r\nor decomposition must be condemned by the veterinarian and identified by\r\nslashing and denaturing with charcoal. Condemned carcasses must be held in a\r\nroom or area separate from the processing area and removed from the plant\r\nwithin 72 hours for processing by rendering only. Condemned carcasses or parts\r\nmay only be transported in licensed vehicles that comply with\r\n§ 12:68:09:05;
\r\n\r\n\r\n(4) Carcasses passed for\r\nuse in pet food must be identified, cut up, denatured, packaged, weighed,\r\nlabeled, stored, and transported in accordance with § 12:68:09:17; and
\r\n\r\n\r\n(5) The entire processing\r\narea and equipment must be thoroughly cleaned by hot water, 185° F, or steam at\r\nthe end of each working day.
\r\n\r\n\r\nSource:\r\n12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-17-9.1.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-9.1.
\r\n\r\n\r\n12:68:09:20. Record keeping requirements of pet food\r\nprocessing plants. All plants operating under a license to process\r\ncarcasses into pet food must keep the following records and make them available\r\nupon request to any agent of the board during regular business hours:
\r\n\r\n\r\n(1) The name and address of\r\nthe owner and the date an animal carcass was picked up and received for\r\ninspection and processing;
\r\n\r\n\r\n(2) A daily inventory of\r\nthe number of cartons of inedible meat and carcass parts and the weight of each\r\ncarton processed; and
\r\n\r\n\r\n(3) A running inventory of\r\nthe number of cartons of inedible meat and carcass parts and the weight of each\r\ncarton stored and transported.
\r\n\r\n\r\nSource:\r\n12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-17-9.1.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-9.1.
\r\n\r\n\r\n12:68:09:21. Revocation of or refusal to issue a pet food\r\nprocessing plant license. The board may refuse to issue or may revoke a pet\r\nfood processing plant license if the plant is operated in such an unsanitary\r\nmanner as to endanger the health of domestic animals and fowl of this state or\r\nany other state or for violation of any rule pertaining to pet food processing.\r\nA notice of refusal to issue or to revoke a license must be in writing, stating\r\nthe reasons, and must be served personally on or mailed by certified letter to\r\nthe applicant or licensee at the last known address. Revocation is effective at\r\nthe time stated in the notice but not less than 30 days after service or\r\nmailing unless in the judgment of the board the health of domestic animals or\r\nfowl is endangered, in which case the revocation is effective on receipt by the\r\nlicensee.
\r\n\r\n\r\nA pet food processing plant operator\r\nmay appeal the refusal or revocation of license to the board within 30 days\r\nafter receipt of the notice. Within 72 hours after receipt of a request for\r\nappeal, the board shall set a date for hearing before a majority of the board\r\nor before a hearing officer appointed for that purpose. The appeal does not\r\nhave the effect of staying a revocation. The board shall give the appealing\r\nparty at least five days notice in writing of the date set for the hearing.
\r\n\r\n\r\nSource:\r\n12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-17-9.1.
\r\n\r\nLaw\r\nImplemented: SDCL 40-17-9.1.
\r\n\r\n\r\nCHAPTER 12:68:10
\r\n\r\n\r\nSWINE\r\nIDENTIFICATION
\r\n\r\n(Transferred to\r\nChapter 12:68:29)
\r\n\r\n(45 SDR 82,\r\neffective December 11, 2018))
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:10:01 Transferred.
\r\n\r\n12:68:10:02 Transferred.
\r\n\r\n12:68:10:03 Transferred.
\r\n\r\n\r\n\r\n 12:68:10:01.
12:68:10:02. Transferred\r\nto § 12:68:29:05.
\r\n\r\n 12:68:10:03.
CHAPTER 12:68:11
\r\n\r\n\r\nAPPROVED PESTICIDES
\r\n\r\n(Repealed.\r\n18 SDR 55, effective September 23, 1991)
\r\n\r\n\r\n\r\nCHAPTER 12:68:12
\r\n\r\n\r\nEXHIBITION OF\r\nANIMALS
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:12:01 Supervision of\r\nexhibitions by board.
\r\n\r\n12:68:12:02 Management to provide\r\nveterinarian.
\r\n\r\n12:68:12:03 Duties of veterinarian.
\r\n\r\n12:68:12:04 Sanitation of quarters,\r\nyards, and pens.
\r\n\r\n12:68:12:05 Quarantine quarters to\r\nbe provided.
\r\n\r\n12:68:12:06 Quarantine of animals\r\nexhibiting symptoms of communicable disease.
\r\n\r\n12:68:12:07 Out-of-state\r\nanimals to be accompanied by certificate of veterinary inspection.
\r\n\r\n12:68:12:08 In-state\r\nanimals to be accompanied by certificate of veterinary inspection.
\r\n\r\n\r\n\r\n12:68:12:02. Management to provide veterinarian. The\r\nmanagement of a public exhibition or show of animals must provide a\r\nveterinarian who is under supervision of the board.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:12:03. Duties of veterinarian. The veterinarian\r\nappointed pursuant to § 12:68:12:02 must administer a visual health\r\ninspection of all animals upon entry and must administer the rules of the board\r\ndaily.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:12:04. Sanitation of quarters, yards, and pens. All facilities housing animals must be thoroughly cleaned and disinfected, with a disinfectant approved by the board and administered under the supervision of a veterinarian, before animals are placed in the facilities.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.
12:68:12:05. Quarantine quarters to be provided. A\r\nquarantine division must be established by the management at the exhibition\r\nunder the supervision of the veterinarian.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:12:06. Quarantine of animals exhibiting symptoms of\r\ncommunicable disease. All animals exhibiting symptoms of communicable\r\ndisease as determined by the veterinarian must be quarantined and may be\r\nremoved from the premises only under direction of the veterinarian.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:12:07. Out-of-state\r\nanimals to be accompanied by certificate of veterinary inspection.\r\nAll animals, including horses, cattle, sheep, and hogs, from other states\r\nimported for exhibition in South Dakota must be accompanied by certificates of\r\nveterinary inspection. Copies of certificates of veterinary inspection must be\r\npresented by the consignors of livestock to the management of the exhibition\r\nbefore the assignment of quarters or space to the livestock.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,\r\neffective September 23, 1991; 38 SDR 39, effective September 20, 2011; 43 SDR\r\n41, effective September 26, 2016.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14.
\r\n\r\nLaw Implemented:\r\nSDCL 40-6-3.
\r\n\r\n\r\n\r\n
Cross-Reference:\r\nCertificate of veterinary inspection to accompany imported animals,\r\n§ 12:68:06:01.
\r\n\r\n\r\n\r\n
12:68:12:08. In-state\r\nanimals to be accompanied by certificate of veterinary inspection
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991;\r\n43 SDR 41, effective September 26, 2016.
\r\n\r\nGeneral Authority: SDCL 40-3-14.
\r\n\r\nLaw Implemented: SDCL 40-3-9, 40-3-14.
\r\n\r\n\r\n\r\n
CHAPTER 12:68:13
\r\n\r\n\r\nPULLORUM TYPHOID\r\nCONTROL
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:13:01 Diseases within the\r\nscope of this chapter.
\r\n\r\n12:68:13:02 Requirements for\r\nhatching eggs and for poultry under five months old.
\r\n\r\n12:68:13:03 Young turkeys subject to\r\npullorum typhoid requirements.
\r\n\r\n12:68:13:04 Requirements for poultry\r\nover five months old.
\r\n\r\n12:68:13:05 Testing for\r\nqualification of flocks.
\r\n\r\n12:68:13:06 Mandatory retesting\r\nconditions.
\r\n\r\n12:68:13:07 Procedures after\r\nreactors are found.
\r\n\r\n12:68:13:08 Check test to be performed\r\nin hatcheries -- Procedure when bacteria found.
\r\n\r\n12:68:13:09 Report of tests and\r\nretests to the board.
\r\n\r\n12:68:13:10 Requirements for\r\nimportation of poultry or hatching eggs.
\r\n\r\n12:68:13:11 Importation of poultry\r\ninfected or exposed to disease prohibited.
\r\n\r\n12:68:13:12 Entry of healthy poultry\r\nfor slaughter allowed.
\r\n\r\n12:68:13:13 Permit required for\r\nimportation of poultry or hatching eggs.
\r\n\r\n12:68:13:14 Certificates of veterinary\r\ninspection\r\nto accompany imported poultry -- Quarantine -- Slaughter on positive test.
\r\n\r\n12:68:13:15 Importation of turkey\r\npoults and other poultry -- Hatching eggs.
\r\n\r\n12:68:13:16 Inspection of hatcheries\r\nand dealers.
\r\n\r\n12:68:13:17 Identification of\r\nhatching eggs and baby poultry.
\r\n\r\n12:68:13:18 Hatchery and dealer\r\nrecord requirements.
\r\n\r\n12:68:13:19 Retention of records for\r\ninspection.
\r\n\r\n12:68:13:20 Requirements for dealing\r\nin poultry or hatching eggs.
\r\n\r\n12:68:13:21 Sanitation requirements\r\nfor raising poultry.
\r\n\r\n12:68:13:22 Flock health\r\nrequirements.
\r\n\r\n12:68:13:23 Minimum sanitation\r\nrequirements for hatcheries.
\r\n\r\n12:68:13:24 Permit required to sell\r\nbaby poultry or started poultry.
\r\n\r\n12:68:13:25 Period of validity of\r\npermit.
\r\n\r\n12:68:13:26 Application for hatchery\r\nor dealer permit.
\r\n\r\n12:68:13:27 Certifying testing\r\nagents.
\r\n\r\n12:68:13:28 Qualifying flocks for\r\nthe S.D. pullorum typhoid clean rating.
\r\n\r\n12:68:13:29 S.D. pullorum typhoid\r\nclean.
\r\n\r\n12:68:13:30 S.D. pullorum typhoid\r\ncertification by rapid whole blood test.
\r\n\r\n12:68:13:31 Multiplier\r\nbreeding flocks certified as S.D. pullorum typhoid clean by origin and\r\nsampling.
\r\n\r\n12:68:13:32 Multiplier breeding\r\nflock certified as S.D. pullorum typhoid clean by origin.
\r\n\r\n12:68:13:33 Primary breeding flock\r\ncertified as S.D. pullorum typhoid clean by sampling.
\r\n\r\n12:68:13:34 Poultry to be identified\r\n-- Materials approved.
\r\n\r\n12:68:13:35 Drugs that mask\r\nsalmonella test reaction banned.
\r\n\r\n12:68:13:36 Cost of testing for\r\npullorum typhoid.
\r\n\r\n12:68:13:37 Official blood tests for\r\npullorum typhoid.
\r\n\r\n12:68:13:38 Reports required of\r\npullorum typhoid diagnosis.
\r\n\r\n12:68:13:39 Testing of exhibition\r\nfowl.
\r\n\r\n12:68:13:40 Reporting breeding\r\nflocks to board.
\r\n\r\n\r\n\r\n12:68:13:01. Diseases within the scope of this chapter.\r\nWhenever the term pullorum typhoid is used in this\r\nchapter, the term shall be construed to mean Salmonella pullorum\r\nand Salmonella gallinarum.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective\r\nJuly 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:02. Requirements for hatching eggs and for poultry under five months old. No person may purchase, sell, or trade hatching eggs or poultry under five months old unless the hatching eggs or poultry originate from flocks or hatcheries classified as S.D. pullorum typhoid clean or from flocks or hatcheries of a comparable pullorum typhoid disease status as determined by the board. The completed VS form 9-3, as described in 9 C.F.R. Part 145 (January 1, 2025) and supplied by the board or an equivalent form furnished by the board, must accompany each shipment of poultry to verify the S.D. pullorum typhoid clean status. The producer or shipper must send copies of the completed VS form 9-3 to the board within ten days of the shipment transaction.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-5-8.
12:68:13:03. Young turkeys subject to pullorum\r\ntyphoid requirements. Turkeys may be purchased, sold, or traded pursuant to\r\n§ 12:68:13:02 under the age of four months.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:04. Requirements for poultry over five months old. Poultry that are over five months of age and do not originate from a S.D. pullorum typhoid clean flock or its equivalent may not be sold or removed from flocks for purposes other than immediate slaughter, unless they are tested in accordance with this chapter for pullorum and typhoid diseases. The completed VS form 9-3, as described in 9 C.F.R. Part 145 (January 1, 2025) and supplied by the Animal Industry Board, or an equivalent form furnished by the board, must accompany each shipment of poultry to verify the S.D. pullorum typhoid clean status. The producer or shipper must send copies of the completed VS form 9-3 to the board within ten days of the shipment transcaction.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-5-8.
12:68:13:05. Testing for qualification of flocks. The\r\nblood test for pullorum typhoid must include the\r\ntesting of a sample of blood from each bird in the flock. When partial or\r\nsample testing is specified by this chapter, the birds tested must be a random\r\nor representative sample drawn on a pro rata basis from all pens or units of\r\nthe flock. When reactors are found in any flock, or Salmonella pullorum or Salmonella gallinarum\r\nisolations are made from baby poultry or fluff samples, the flock may qualify\r\nfor participation in the S.D. pullorum typhoid clean\r\nprogram with two consecutive negative tests. Qualification for participation in\r\nS.D. pullorum typhoid clean program of such a flock\r\non the same premises during the next two years must be based on the testing of\r\nall birds. Testing must be conducted by or directly supervised by a state\r\ninspector.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:06. Mandatory retesting conditions. If, in\r\ntesting to qualify or requalify, a flock discloses\r\nreactors and these are not submitted to a laboratory for bacteriological\r\nexamination or if such an examination discloses infection by Salmonella pullorum or Salmonella gallinarum\r\norganisms, the flock is considered infected and retesting must be conducted. To\r\nrequalify, the flock must pass two consecutive\r\nnegative tests not less than 21 days apart. The first of these two negative\r\ntests must be conducted not less than 21 days after reactors were disclosed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:07. Procedures after reactors are found. All\r\nreactors must be identified by a leg or wing band, and the numbers of the bands\r\nmust be listed on the test chart and shipping permit. If testing to qualify or requalify a poultry flock reveals less than one percent\r\nreactors, the owner may submit all such reactors in flocks of 500 birds or less\r\nor reactors not to exceed five in flocks of over 500 to the South Dakota state\r\nuniversity veterinary diagnostic laboratory for bacteriological examination. If\r\nthe bacteriological examination fails to reveal any evidence of infection by\r\nthe serotype for which the test was conducted, the test is considered negative.\r\nFlocks in which reactors are disclosed by the rapid whole blood test (plate)\r\nmust be quarantined immediately. The quarantine imposed by this section may be\r\nreleased only if the board is furnished information that one of the following\r\nconditions has been complied with:
\r\n\r\n\r\n(1) There has been a\r\nnegative bacteriological examination on reactor birds submitted for\r\nexamination;
\r\n\r\n\r\n(2) The flock has been\r\nretested as described in § 12:68:13:06;
\r\n\r\n\r\n(3) The entire flock has\r\nbeen shipped for slaughter under permit and the premises have been carefully\r\ncleaned and disinfected under supervision. If the flock is maintained on the\r\npremises under quarantine and used for purposes other than the production of\r\nhatching eggs, all male birds and all reactors must be shipped to slaughter\r\nwithin 10 days from the date the reactors were disclosed. The quarantine may be\r\nreleased when the remainder of the flock is shipped to slaughter and the\r\npremises have been cleaned and disinfected under supervision of the board.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96,\r\neffective April 1, 2001.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:08. Check test to be performed in hatcheries --\r\nProcedure when bacteria found. If the testing for pullorum\r\ntyphoid in a hatchery is performed wholly or in part by an authorized testing\r\nagent, a check test must also be conducted by a state inspector in a minimum of\r\n15 percent of the flocks of the hatchery. Additional flocks may be check tested\r\nat the discretion of the board or the inspector. The state inspector must test\r\nthe flocks by the rapid whole blood test. If the check test results in bacteriological\r\nrecovery of any Salmonella pullorum or Salmonella gallinarum organism, the board shall require all flocks\r\nwhere the bacteria are found and any other flocks considered necessary by the\r\nboard to be satisfactorily retested in accordance with § 12:68:13:07. The\r\nstatus of such flocks shall be determined by the results of such retests. Any\r\nflock found to be infected must be placed under quarantine. The quarantine may\r\nbe released only if one of the provisions listed in § 12:68:13:07 is\r\ncomplied with.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:10. Requirements for importation of poultry or\r\nhatching eggs. No poultry of any species, breed, or variety or eggs to be\r\nused for hatching may be brought or shipped into the state except in accordance\r\nwith §§ 12:68:13:11 to 12:68:13:15, inclusive.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:11. Importation of poultry infected or exposed to\r\ndisease prohibited. No poultry that is infected with, or has been exposed\r\nto pullorum disease, typhoid disease, newcastle disease, fowl plague,\r\nchronic respiratory disease, fowl cholera, infectious bronchitis, laryngotracheitis, infectious sinusitis, fowl pox, coccidiosis, ornithosis,\r\ntuberculosis, or any other infectious or communicable disease of poultry may be\r\nimported or brought into the state.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:12. Entry\r\nof healthy poultry for slaughter allowed. Apparently healthy domesticated\r\npoultry may enter the state without an official certificate of veterinary\r\ninspection for immediate slaughter only.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,\r\neffective September 23, 1991; 34 SDR 100, effective October 22, 2007; 43 SDR\r\n41, effective September 26, 2016.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-9, 40-3-10.
\r\n\r\n\r\n\r\n
12:68:13:13. Permit required for importation of poultry or hatching eggs. No person may import baby poultry, started poultry, or hatching eggs, as described in § 12:68:13:10, until a permit has been obtained from the board. Application for the permit must be made on a form furnished by the board. This application must be approved by the official disease control agency of the state of origin and must indicate the pullorum typhoid classification of the flock, hatchery, or other premises from which the birds or hatching eggs originated. The permit must include the date of expiration. Each shipment of birds or hatching eggs must bear an official label showing the name and address of the consignor and consignee, the pullorum typhoid classification, and the South Dakota permit number. The completed VS form 9-3, as described in 9 C.F.R. Part 145 (January 1, 2025), or the completed certificate of veterinary inspection must include the information required by this section.
Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 43 SDR 41, effective September 26, 2016; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-5-8.
12:68:13:14. Certificates\r\nof veterinary inspection to accompany imported poultry -- Quarantine --\r\nSlaughter on positive test. Turkeys over four months old and other poultry\r\nover five months old to be used for purposes other than immediate slaughter may\r\nbe imported if they are accompanied by a certificate of veterinary inspection\r\ncertifying that they are classified as U.S. pullorum typhoid clean or of\r\ncomparable status and a statement that the shipment is free from evidence of\r\nany infectious disease. Poultry must also be classified as U.S. pullorum\r\ntyphoid clean or of comparable status. Poultry must be quarantined on arrival\r\nfor at least 30 days after importation and be tested for pullorum and typhoid\r\ndiseases as determined by the Animal Industry Board or must remain under\r\nquarantine until sold for slaughter. If the test of any bird reveals pullorum\r\nor typhoid disease, all birds in the shipment must be immediately sold for\r\nslaughter or destroyed under supervision of the board.
\r\n\r\n\r\n\r\n
Source: SL 1975,\r\nch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,\r\neffective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100,\r\neffective October 22, 2007; 43 SDR 41, effective September 26, 2016.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-9, 40-3-10.
\r\n\r\n\r\n\r\n
12:68:13:15. Importation of turkey poults and other poultry -- Hatching eggs. Turkey poults under four months old, other poultry under five months old, and hatching eggs, may be imported if they originate in flocks or are distributed from hatcheries or premises that operate in accordance with one of the following:
(1) Title 9 C.F.R. Parts 56 and 145-147 (January 1, 2025); or
(2) Regulations of the disease control agency of the state of origin and the poults, other poultry, or hatching eggs are accompanied by:
(a) A completed VS form 9-3, as described in 9 C.F.R. Part 145 (January 1, 2025); or
(b) A recognized equivalent to the VS form 9-3, stating the originating flock is classified as U.S. pullorum typhoid clean or is of comparable status.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-5-8.
12:68:13:16. Inspection of hatcheries and dealers. State\r\ninspectors shall inspect hatcheries and dealers' premises.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:17. Identification of hatching eggs and baby\r\npoultry. Hatching eggs and baby poultry must be identified as to source\r\nwhile in the hatcheries or dealers' possession.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:18. Hatchery and dealer record requirements. A hatchery or dealer shall keep and make available upon request by the board any:
(1) Purchase invoice;
(2) Sales slip or book;
(3) VS form 9-3, as described in 9 C.F.R. Part 145 (January 1, 2025), or any board-approved equivalent form;
(4) Certificate of veterinary inspection; and
(5) Copies of all advertisements pertaining to current hatching eggs and baby poultry.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 43 SDR 41, effective September 26, 2016; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-5-8.
12:68:13:19. Retention of records for inspection. The\r\nrecords referred to in § 12:68:13:18 must be kept available for inspection\r\nby state inspectors for one year.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:20. Requirements for dealing in poultry or hatching\r\neggs. A hatchery or dealer may not buy, receive, or sell poultry or\r\nhatching eggs with less than a S.D. pullorum typhoid\r\nclean rating or the equivalent. Products not so rated may be used in breeding\r\nflocks or for experimental purposes with specific permission of the board.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96,\r\neffective April 1, 2001.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:22. Flock health requirements. All flocks must\r\nconsist of apparently healthy, normal poultry.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:23. Minimum sanitation requirements for hatcheries.\r\nHatcheries must be kept in a sanitary condition in general and must comply\r\nspecifically with the following requirements:
\r\n\r\n\r\n(1) Incubator walls,\r\nfloors, and trays must be kept free from broken eggs and eggshells;
\r\n\r\n\r\n(2) Tops of incubators and\r\nhatchers must be kept clean and may not be used for storage;
\r\n\r\n\r\n(3) The entire hatchery,\r\nincluding the sales room, must be kept in a neat, orderly condition and free\r\nfrom accumulated dust;
\r\n\r\n\r\n(4) Hatchery residue, such\r\nas eggshells, infertile eggs, dead embryos, and any material which may harbor\r\ndiseases, must be disposed of promptly and in a sanitary manner;
\r\n\r\n\r\n(5) Hatchers and hatching\r\ntrays must be cleaned and fumigated or disinfected after each hatch;
\r\n\r\n\r\n(6) All eggs set must be\r\nfumigated; and
\r\n\r\n\r\n(7) Started poultry must be\r\nkept separated from the incubator room.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:24. Permit required to sell baby poultry or started\r\npoultry. No person may sell baby poultry or started poultry without a\r\nhatchery or dealer permit.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 3 SDR 73, effective April\r\n25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:25. Period of validity of permit. A hatchery or\r\ndealer permit issued pursuant to § 12:68:13:24 is valid until September of\r\nthe year following issuance unless revoked.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 3 SDR 73, effective April\r\n25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:26. Application for hatchery or dealer permit.\r\nEach applicant for a hatchery or dealer permit must complete an application on\r\nforms supplied by the board. Upon receiving the application, the board shall\r\nissue the permit if the application complies with SDCL 40-3-10 and 40-3-14 and this chapter.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 3 SDR 73, effective April\r\n25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:28. Qualifying flocks for the S.D. pullorum typhoid clean rating. Turkeys four months old\r\nand other poultry five months old including waterfowl, exhibition poultry, and\r\ngame birds which have reached sexual maturity and are used for breeding purposes,\r\nmust qualify for the S.D. pullorum typhoid clean\r\nrating by demonstrating freedom from pullorum and\r\ntyphoid diseases through one of the four pullorum\r\ntyphoid control plans specified in §§ 12:68:13:30 to 12:68:13:33,\r\ninclusive.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 3 SDR 73, effective April\r\n25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 27 SDR 96, effective April 1, 2001.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:29. S.D. pullorum typhoid\r\nclean. A flock in which freedom from pullorum and\r\ntyphoid has been demonstrated to the board by compliance with one of\r\n§§ 12:68:13:30 to 12:68:13:33, inclusive, may be certified S.D. pullorum typhoid clean.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:30. S.D. pullorum typhoid\r\ncertification by rapid whole blood test. A flock may qualify for S.D. pullorum typhoid clean when it has been subjected to the\r\nrapid whole blood test with no reactors on the first test.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:31. Multiplier breeding flocks certified as S.D. pullorum typhoid clean by origin and sampling. A flock\r\nmay qualify as a multiplier breeding flock when:
\r\n\r\n\r\n(1) It is composed entirely\r\nof birds that originated from S.D. pullorum typhoid\r\nclean breeding flocks or from flocks that met equivalent requirements under\r\ndirect board supervision; and
\r\n\r\n\r\n(2) A sample comprised of\r\nat least 25 percent of the birds in the flock has been officially blood tested\r\nwith no reactors or its progeny has been subjected to a 10-day chick mortality\r\nbacteriological examination monitoring program and bacteriological examination\r\nof a sample of down shed by chicks in the hatcher\r\nfrom selected hatches. When the blood testing procedure is used, the percentage\r\nof the flock included in the sample may be reduced by five percentage points\r\nfollowing each year in which there is no evidence of infection on the premises\r\nuntil the required percentage is reduced to zero. The sample tested for\r\nidentification of a flock under this subdivision must include at least 500\r\nbirds the first year, 400 the second year, 300 the third year, 200 the fourth\r\nyear, and 100 the fifth year and all subsequent years.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 3 SDR 73, effective April\r\n25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective\r\nSeptember 23, 1991; 27 SDR 96, effective April 1, 2001.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:32. Multiplier\r\nbreeding flock certified as S.D. pullorum typhoid clean by origin. A flock\r\nmay qualify as a multiplier breeding flock composed entirely of birds that\r\noriginate from S.D. pullorum typhoid clean breeding flocks or from flocks that\r\nmet equivalent requirements if the following requirements are met:
\r\n\r\n\r\n(1) Other poultry\r\nmaintained on the same premises as the participating flock demonstrate freedom\r\nfrom pullorum typhoid infection by a rapid whole test of the other poultry; and
\r\n\r\n\r\n(2) Pullorum disease or\r\npoultry typhoid is not known to exist or to have existed in the flock during\r\nthe preceding 24 months.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12\r\nSDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27\r\nSDR 96, effective April 1, 2001.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:33. Primary breeding flock certified as S.D. pullorum typhoid clean by sampling. A flock may qualify\r\nas a primary breeding flock when a sample of 300 birds from flocks of more than\r\n300 and each bird in flocks of 300 or less has been tested for pullorum typhoid and no reactors have been found. A\r\nbacteriological examination monitoring program acceptable to the board may be\r\nused in lieu of blood testing.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:34. Poultry to be identified -- Materials approved.\r\nAll birds officially tested for pullorum and typhoid\r\ndiseases must be identified with a leg or wing band or with a dye. Debeaking in lieu of bands or dye is permissible in 100\r\npercent tested flocks.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:35. Drugs that mask salmonella test reaction banned.\r\nAny drug, for which there is scientific evidence of masking the test reaction\r\nor hindering the bacteriological recovery of salmonella organisms may not be\r\nfed or administered to poultry within the three weeks prior to a test or\r\nbacteriological examination upon which a Salmonella classification is based.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:36. Cost of testing for pullorum\r\ntyphoid. The cost of pullorum typhoid testing\r\nmust be paid by the owner of the hatchery.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:37. Official blood tests for pullorum typhoid. The official blood tests for pullorum typhoid are the standard tube agglutination test or the rapid serum test for all classes of poultry, or the stained antigen rapid whole blood test for all classes of poultry except turkey. Each lot of antigen used for the whole blood test must be approved by the board and must be of the polyvalent type.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.
Collateral Reference: Testing for Pullorum-Typhoid, 9 C.F.R. § 145.14(a) (January 1, 2025).
12:68:13:38. Reports required of pullorum\r\ntyphoid diagnosis. Persons diagnosing pullorum\r\ntyphoid in South Dakota must report positive diagnosis of pullorum\r\ntyphoid to the board within 48 hours.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:39. Testing of exhibition fowl. Exhibition fowl must originate from a pullorum typhoid clean source or the equivalent or be\r\nofficially tested and found free of pullorum typhoid\r\nwithin the 90 days prior to exhibition.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154,\r\neffective July 1, 1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:13:40. Reporting breeding flocks to board.Hatcherymen must report to the board on forms furnished by\r\nthe board each breeding flock before the birds reach 24 weeks of age. The\r\nreport must include:
\r\n\r\n\r\n(1) Name and address of flockowner;
\r\n\r\n(2) Flock location and\r\ndesignation;
\r\n\r\n(3) Type: primary or\r\nmultiplier;
\r\n\r\n(4) Breed, variety, strain,\r\nor trade name of stock;
\r\n\r\n(5) Source of males;
\r\n\r\n(6) Source of females;
\r\n\r\n(7) Number of birds in the\r\nflock; and
\r\n\r\n(8) Intended classification\r\nof flock.
\r\n\r\n\r\nSource:\r\n3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1,\r\n1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\nCHAPTER 12:68:14
\r\n\r\n\r\nMEAT INSPECTION
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:14:01 Meat inspection -- Use\r\nof federal methods and rules.
\r\n\r\n\r\n\r\n12:68:14:01. Meat inspection -- Use of federal methods and rules. In carrying out the meat inspection program in the state, the inspectors shall follow the procedures set forth in 9 C.F.R. Chapter III, Subchapters A and E (January 1, 2025).
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 38 SDR 39, effective September 20, 2011; 39 SDR 32, effective September 3, 2012; 39 SDR 204, effective June 10, 2013; 43 SDR 41, effective September 26, 2016; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 50 SDR 12, effective August 9, 2023; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 39-5-8, 40-3-14.
CHAPTER 12:68:15
MEAT ESTABLISHMENTS
Section
12:68:15:01 Repealed.
12:68:15:02 Repealed.
12:68:15:03 Repealed.
12:68:15:04 Repealed.
12:68:15:05 Repealed.
12:68:15:06 Repealed.
12:68:15:07 Licensing period for meat establishments.
12:68:15:08 Application for meat establishment licenses.
12:68:15:09 Issuance of license.
12:68:15:10 Inspections of retail store meat processors.
12:68:15:11 Continuing education.
12:68:15:12 Retail sale of meat products.
12:68:15:01. Licensing period for refrigerated locker plants.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18\r\nSDR 55, effective September 23, 1991; repealed, SL 1992, ch 386, §§ 1-4,\r\neffective July 1, 1992.
\r\n\r\n\r\n12:68:15:02. Application for refrigerated locker plant\r\nlicenses.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986;\r\nrepealed, SL 1992, ch 386, §§ 1-4, effective July 1, 1992.
\r\n\r\n\r\n12:68:15:03. Walls of refrigerated locker plants to be kept\r\nclean.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986;\r\nrepealed, SL 1992, ch 386, §§ 1-4, effective July 1, 1992.
\r\n\r\n\r\n12:68:15:04. Floors of refrigerated locker plants to be kept\r\nclean -- Construction and finish.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986;\r\nrepealed, SL 1992, ch 386, §§ 1-4, effective July 1, 1992.
\r\n\r\n\r\n12:68:15:05. Sanitation of individual lockers.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986;\r\nrepealed, SL 1992, ch 386, §§ 1-4, effective July 1, 1992.
\r\n\r\n\r\n12:68:15:06. Specifications and locations for thermometers.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986;\r\nrepealed, SL 1992, ch 386, §§ 1-4, effective July 1, 1992.
\r\n\r\n\r\n12:68:15:07. Licensing period for meat establishments.\r\nThe licensing period for retail store meat processors, slaughter\r\nestablishments, custom exempt plants, and processing establishments is one\r\nyear. All licenses expire annually on June 30. License fees are not prorated\r\nfor fractions of a year. A license may not be transferred from one owner or\r\noperator to another.
\r\n\r\n\r\nSource:\r\n18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 39-5-11.1.
\r\n\r\nLaw\r\nImplemented: SDCL 39-5-11.1.
\r\n\r\n\r\n12:68:15:08. Application for meat establishment licenses.\r\nThe board shall furnish forms on which to apply for licensure to each\r\nestablishment listed in § 12:68:15:07 by June 1 annually and at any time,\r\nupon request, to any person intending to operate such an establishment. The\r\napplication form shall provide spaces for the applicant to enter the\r\napplicant's name and address; the location of the establishment; the names of\r\nofficers and partners in the case of associations, corporations, and\r\npartnerships; and the amount of fees remitted with the application. Operators\r\nof establishments must complete and send applications, together with the\r\nlicense fee, to the board by July 1 annually or, in the case of establishments\r\nnot previously licensed and operated, before beginning operation. A completed\r\nretail store meat processor inspection form signed by the applicant and an\r\nagent of the board must accompany the application for license for a retail\r\nstore meat processor's license.
\r\n\r\n\r\nSource:\r\n18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 39-5-11.1.
\r\n\r\nLaw\r\nImplemented: SDCL 39-5-11.1.
\r\n\r\n\r\n12:68:15:09. Issuance of license. The board shall issue\r\nlicenses under §§ 12:68:15:07 and 12:68:15:08 upon receiving a completed\r\napplication form, the fee, the inspection form, and assurance that the\r\nestablishment is in compliance with the provisions of the SDCL chapter 39-5.
\r\n\r\n\r\nSource:\r\n18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 39-5-11.1.
\r\n\r\nLaw\r\nImplemented: SDCL 39-5-11.1.
\r\n\r\n\r\n12:68:15:10. Inspection of retail store meat processors. At least three times annually, the board, or a cooperating state agency, shall inspect licensed retail meat processors':
(1) Water supply and potability;
(2) Sewage and waste control;
(3) Pest control;
(4) Inedible control;
(5) Lighting;
(6) Control of chemicals;
(7) Processing controls;
(8) Employee dress and hygiene;
(9) General sanitation; and
(10) Product storage conditions.
Source: 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018; 50 SDR 12, effective August 9, 2023.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 39-5-11.1.
12:68:15:11. Continuing\r\neducation. Each operator of a slaughter establishment, processing\r\nestablishment, or custom exempt establishment or the operator's representative\r\nmust, as a prerequisite to annual license issuance, document attendance at\r\nleast once every
\r\n\r\n
Source: 18 SDR 55,\r\neffective September 23, 1991; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority: SDCL 39-5-11.2.
\r\n\r\nLaw Implemented: SDCL 39-5-11.2.
\r\n\r\n\r\n\r\n
12:68:15:12. Retail sale of meat products. Meat food products may be produced by a licensed retail store meat processor that maintains ownership of the products from production until purchase by the consumer. For purposes of this section, meat food products may be sold at the site of production or at a third-party location, provided that:
(1) The site of production and the third-party location share common ownership, or the licensed retail store meat processor has a signed lease with the third-party location giving the processor control over the place where the retail products are located; and
(2) Temperature-sensitive products at the third-party location are maintained at or below forty-one degrees Fahrenheit.
Source: 50 SDR 125, effective May 7, 2024.
General Authority: SDCL 39-5-11.1, 40-3-14.
Law Implemented: SDCL 39-5-11.1 , 40-3-14.
CHAPTER 12:68:16
\r\n\r\n\r\nIMPORTATION OF\r\nEQUINE
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:16:01 Definitions.
\r\n\r\n12:68:16:02 Repealed.
\r\n\r\n12:68:16:03 Examination and\r\nidentification.
\r\n\r\n12:68:16:04 Negative test required.
\r\n\r\n12:68:16:05 Exemption from test.
\r\n\r\n12:68:16:06 Provisions to test on arrival.
\r\n\r\n12:68:16:07 Restricted movements.
\r\n\r\n12:68:16:08 Extended equine\r\ncertificates of veterinary inspection.
\r\n\r\n12:68:16:09 Extended equine\r\ncertificates of veterinary inspection requirements.
\r\n\r\n12:68:16:10 Travel itinerary.
\r\n\r\n12:68:16:11 Cancellation.
\r\n\r\n\r\n\r\n12:68:16:01. Definitions. Terms used in this chapter mean:
(1) \"Approved laboratory,\" any laboratory approved for official testing by the United States Department of Agriculture and by the board as having met check testing protocols established by the United States Department of Agriculture;
(2) \"Coggins test,\" the agar gel immunodiffusion test for equine infectious anemia that has been approved by the United States Department of Agriculture;
(3) \"Horse,\" all members of the equine species, including horses, mules, asses, ponies, donkeys, burros, and zebras;
(4) \"Officially identified,\" a permanent identification using the national uniform tag code number of the state in which the reactor was tested, followed by the letter A, applied with a hot iron, chemical brand, freeze marking, or a lip tattoo, in accordance with 9 C.F.R. § 75.4(a) (January 1, 2025); and
(5) \"Reactor,\" any horse, over nine months old, that has a positive reaction to the Coggins test.
Source: 2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 45 SDR 128, effective April 18, 2019; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-14-2.
12:68:16:02. Certificates\r\nof veterinary inspection. Repealed.
\r\n\r\n\r\n\r\n
Source: 2 SDR\r\n59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986;\r\n18 SDR 55, effective September 23, 1991; 37 SDR 47, effective September 20,\r\n2010; 39 SDR 32, effective September 3, 2012; 43 SDR 41, effective September\r\n26, 2016.; 45 SDR 128, effective April 18, 2019
\r\n\r\n\r\n\r\n
12:68:16:03. Examination and identification. The certificate of veterinary inspection required by SDCL 40-14-2 must certify that each horse has been examined by an accredited veterinarian no more than thirty days before importation. Each certificate must include an accurate description and official identification, in accordance with 9 C.F.R. § 86.4(a)(2) (January 1, 2025).
Source: 2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 43 SDR 41, effective September 26, 2016; 45 SDR 128, effective April 18, 2019; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-14-2.
12:68:16:04. Negative\r\ntest required. The certificate of veterinary inspection
\r\n\r\n
Source: 2 SDR 59,\r\neffective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18\r\nSDR 55, effective September 23, 1991; 43 SDR 41, effective September 26, 2016
General Authority: SDCL 40-3-14.
\r\n\r\nLaw Implemented: SDCL 40-5-8.
\r\n\r\n\r\n\r\n
12:68:16:05. Exemption from test. A test is not required\r\nfor horses or suckling foals accompanying a negative dam. The board may develop\r\nreciprocity agreements with neighboring states for waiver of EIA test\r\nrequirements.
\r\n\r\n\r\nSource:\r\n2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1,\r\n1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-14-2.
\r\n\r\n\r\n12:68:16:06. Provisions to test on arrival. Horses may be\r\nimported into South Dakota for sale or resale without having been tested for\r\nEIA. If testing prior to importation creates an undue hardship, the board may\r\ngrant permission to test on arrival those animals which have been imported\r\nwithout having been tested for EIA.
\r\n\r\n\r\nSource:\r\n2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1,\r\n1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:16:07. Restricted movements. Each reactor, regardless of state of origin, must be officially identified, in accordance with 9 C.F.R. § 75.4 (January 1, 2025), and quarantined, and may not be moved in intrastate commerce unless it is consigned directly to a slaughter establishment or returned to the state of origin under a permit issued by the state of origin. A horse imported without the required test must be quarantined for an immediate test at the owner's expense.
Source: 2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 128, effective April 18, 2019; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-14-2, 40-14-4.
\r\n\r\n
\r\n\r\n
Source:\r\n45
General\r\nAuthority: SDCL 40-3-14(5).
\r\n\r\nLaw\r\nImplemented: SDCL 40-14-2.
\r\n\r\n\r\n\r\n
12:68:16:09. Extended equine certificates of veterinary inspection requirements. Each extended equine certification of veterinary inspection applies to only one horse and must contain the following information:
(1) The name and address of the owner or the certificate holder;
(2) The location at which the horse is stabled, housed, pastured, or kept, if different from that of the owner;
(3) An accurate description and official identification in accordance with 9 C.F.R. § 86.4(a)(2) (January 1, 2025);
(4) The date of veterinary inspection;
(5) The date and result of the equine infectious anemia test or other required test or vaccination; and
(6) The signature of the inspecting veterinarian.
Source: 45 SDR 128, effective April 18, 2019; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14(5).
Law Implemented: SDCL 40-14-2.
\r\n\r\n
Source:\r\n45 SDR 128, effective April 18, 2019.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14(5).
\r\n\r\nLaw\r\nImplemented: SDCL 40-14-2.
\r\n\r\n\r\n\r\n
\r\n\r\n
Source:\r\n45 SDR 128, effective April 18, 2019.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14(5).
\r\n\r\nLaw\r\nImplemented: SDCL 40-14-2.
\r\n\r\n\r\n\r\n
CHAPTER 12:68:17
\r\n\r\n\r\nPSEUDORABIES\r\nCONTROL
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:17:01 Breeding swine entering\r\nSouth Dakota.
\r\n\r\n12:68:17:01.01 Importation or\r\ndistribution of swine semen or embryos.
\r\n\r\n12:68:17:02 Exhibition swine.
\r\n\r\n12:68:17:03 Infected herds.
\r\n\r\n12:68:17:04 Feeder pigs entering\r\nSouth Dakota.
\r\n\r\n12:68:17:05 Disposition of\r\nquarantined feeder pigs.
\r\n\r\n12:68:17:06 Pseudorabies qualified\r\nherd.
\r\n\r\n12:68:17:07 Conditions for use of\r\npseudorabies vaccine.
\r\n\r\n12:68:17:08 Repealed.
\r\n\r\n12:68:17:09 Requirements for\r\nintrastate movement of breeding swine.
\r\n\r\n12:68:17:09.01 Requirements for\r\nintrastate movement of feeding swine.
\r\n\r\n12:68:17:10 Pseudorabies monitored\r\nherd.
\r\n\r\n12:68:17:11 Official pseudorabies\r\ntest.
\r\n\r\n12:68:17:12 Procedure when\r\npseudorabies found in slaughtered animals.
\r\n\r\n\r\n\r\n12:68:17:01. Breeding\r\nswine entering South Dakota. Breeding swine entering South Dakota must test\r\nnegative to an official pseudorabies test listed in § 12:68:17:11 which is\r\nconducted within the 30 days preceding entry in a laboratory approved by the\r\nU.S. Department of Agriculture; must originate from a pseudorabies qualified\r\nherd established according to § 12:68:17:06; or must originate from a\r\nStage IV or V area as described in Pseudorabies Eradication,\r\n"State-Federal-Industry Program Standards," APHIS 91-55-071, November\r\n1, 2003. The type of test used and the results must be shown on the certificate\r\nof veterinary inspection. Upon arrival at the farm, all breeding swine must be\r\nisolated separately for 30 days from any other animals. All boars must be\r\nretested no sooner than 21 days or more than 45 days after arrival to assure\r\nthat the boars are still negative. A monitored percentage of all breeding\r\nfemales must be retested no sooner than 21 days or more than 45 days after\r\narrival to assure that the animals are still negative. Breeding swine\r\noriginating from Stage IV or V areas are exempt from these retesting\r\nrequirements.
\r\n\r\n\r\n\r\n
Source: 5 SDR\r\n57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1, 1986;\r\n14 SDR 167, effective June 22, 1988; 16 SDR 40, effective September 3, 1989; 18\r\nSDR 55, effective September 23, 1991; 21 SDR 162, effective March 23, 1995; 37\r\nSDR 47, effective September 20, 2010; 43 SDR 41, effective September 26, 2016.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-9A-12.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-9, 40-3-14, 40-9A-4, 40-9A-8.
\r\n\r\n\r\n\r\n
Reference:\r\nPseudorabies Eradication, "State-Federal-Industry Program Standards,"\r\nAPHIS 91-55-071, November 1, 2003, 34 pages, published by Animal and Plant\r\nHealth Inspection Service, United States Department of Agriculture. Copies may\r\nbe obtained at no charge from the South Dakota Animal Industry Board, 411 South\r\nFort Street, Pierre, South Dakota 57501.
\r\n\r\n\r\n\r\n
Note: A list of\r\napproved labs can be obtained by contacting United States Department of\r\nAgriculture, Animal and Plant Health Inspection Service, Veterinary Services.
\r\n\r\n\r\n\r\n
12:68:17:02. Exhibition swine. Swine to be shown at the\r\nSouth Dakota state fair, county achievement days, or other shows or exhibitions\r\nin the state must test negative to an official pseudorabies\r\ntest listed in § 12:68:17:11 within the 30 days preceding the event. The\r\nboard shall consider a waiver of the test requirement upon the request of those\r\nswine market class shows where all swine go to slaughter and no other species\r\nof animal is present. The board may consider a waiver of the test requirement\r\nwhen there is no evidence of pseudorabies spread in\r\nthe state.
\r\n\r\n\r\nSource:\r\n5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1,\r\n1986; 14 SDR 167, effective June 22, 1988; 18 SDR 55, effective September 23,\r\n1991; 21 SDR 162, effective March 23, 1995; 23 SDR 122, effective February 5,\r\n1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:17:03. Infected herds. A South Dakota swine herd\r\nthat has a disease clinically diagnosed as pseudorabies\r\nby a veterinarian, has a positive reaction to an official pseudorabies\r\ntest listed in § 12:68:17:11, has pseudorabies\r\nconfirmed by other laboratory diagnosis, or has animals vaccinated for pseudorabies must be quarantined to the farm premises by\r\nthe veterinarian making the diagnosis or by an agent of the board.
\r\n\r\n\r\nThe quarantine may be released by one\r\nnegative official pseudorabies test of all breeding\r\nswine over six months of age. The test may be administered no sooner than 30\r\ndays after the last known reactor or vaccinate has been removed. A permit to\r\nship quarantined hogs directly to slaughter must be obtained from the local\r\nveterinarian or an agent of the board.
\r\n\r\n\r\nFor sale of slaughter swine only, the\r\nquarantine may be released 30 days after discontinuing all pseudorabies\r\nvaccine use and receiving a negative differential test that includes all\r\nbreeding swine and monitored percentage of feeding swine.
\r\n\r\n\r\nSource:\r\n5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1,\r\n1986; 14 SDR 167, effective June 22, 1988; 16 SDR 40, effective September 3,\r\n1989; 18 SDR 55, effective September 23, 1991; 19 SDR 39, effective September\r\n24, 1992; 21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-9A-12.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-9, 40-3-14, 40-9A-2, 40-9A-4, 40-9A-8.
\r\n\r\n\r\n12:68:17:05. Disposition of quarantined feeder pigs.\r\nDisposition of quarantined feeder pigs from a quarantined herd shall be handled\r\nby the board on an individual case basis.
\r\n\r\n\r\nSource:\r\n5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1,\r\n1986; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:17:06. Pseudorabies qualified\r\nherd. To establish a voluntary pseudorabies\r\nqualified herd, a producer must test all breeding animals over six months old\r\nplus a progeny equal to 20 percent of the breeding swine population of the\r\nherd. Progeny must be randomly selected from the oldest swine in the herd that\r\nare less than six months old, and all must achieve negative results using an\r\nofficial pseudorabies test listed in\r\n§ 12:68:17:11. To maintain this status the producer must test annually as\r\nfollows:
\r\n\r\n\r\n(1) Conduct an official pseudorabies serologic test of 80 percent of all swine six\r\nmonths of age and older;
\r\n\r\n\r\n(2) Conduct an official pseudorabies serologic test of a number of progeny equal to\r\n20 percent of the breeding swine population of the herd. Progeny selected must\r\nbe the oldest in the herd that are less than six months old;
\r\n\r\n\r\n(3) All swine tested must\r\nbe randomly selected and, in the case of the adult swine, representative of all\r\nage groups on the premises.
\r\n\r\n\r\nThe required annual testing must be accomplished\r\nby testing 25 percent of the required breeding swine and progeny every 80 to\r\n105 days and finding all swine tested to be negative or by testing 10 percent\r\nof the required breeding swine and progeny monthly and finding all swine tested\r\nto be negative.
\r\n\r\n\r\nSource:\r\n5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1,\r\n1986; 14 SDR 183, effective July 13, 1988; 18 SDR 55, effective September 23,\r\n1991; 21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:17:07. Conditions for use of pseudorabies\r\nvaccine. The use of pseudorabies vaccine is\r\nprohibited except under the following conditions:
\r\n\r\n\r\n(1) The vaccine must bear a\r\nlabel showing that it is federally approved and licensed;
\r\n\r\n(2) Permission for use of\r\nthe vaccine must be obtained from the board;
\r\n\r\n(3) The vaccine must be\r\nadministered by or on the prescription of a licensed veterinarian, and use of\r\nthe vaccine must be reported immediately to the board;
\r\n\r\n(4) All vaccinated swine\r\nmust be individually identified; and
\r\n\r\n(5) Vaccinated swine may be\r\nsold only to a slaughter market.
\r\n\r\n\r\nConditions for use of vaccine within a\r\nparticular herd shall be set by the state veterinarian. The conditions shall\r\nspecify the type of vaccine, vaccination schedules, which swine are to be\r\nincluded in the vaccination program, identification and record keeping\r\nrequirements for swine vaccinated, and adherence to the cleanup plan for the\r\nherd.
\r\n\r\n\r\nSource:\r\n5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1,\r\n1986; 14 SDR 183, effective July 13, 1988; 18 SDR 55, effective September 23,\r\n1991; 19 SDR 39, effective September 24, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:17:08. Pseudorabies gene-deleted vaccinated qualified\r\nnegative herd.Repealed.
\r\n\r\n\r\nSource:\r\n5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1,\r\n1986; 14 SDR 167, effective June 22, 1988; 18 SDR 55, effective September 23, 1991;\r\nrepealed, 21 SDR 162, effective March 23, 1995.
\r\n\r\n\r\n12:68:17:09. Requirements for intrastate movement of breeding\r\nswine. Breeding swine sold, loaned, or leased in South Dakota must have a\r\nnegative pseudorabies test within the 30 days\r\npreceding sale, loan, or lease or be from a pseudorabies\r\nqualified herd as established in § 12:68:17:06. The board may consider a\r\nwaiver of the test requirement when there are no infected swine in the state.
\r\n\r\n\r\nSource:\r\n12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 14 SDR 183, effective July 13, 1988; 16 SDR 40, effective September 3,\r\n1989; 23 SDR 122, effective February 5, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n12:68:17:09.01. Requirements for intrastate movement of feeding\r\nswine. Feeding swine sold, loaned, or leased in South Dakota must originate\r\nfrom a swine herd that is not under quarantine.
\r\n\r\n\r\nSource:\r\n14 SDR 183, effective July 13, 1988; 21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\n\r\n\r\n\r\n12:68:17:10. Pseudorabies monitored\r\nherd. A pseudorabies monitored herd is a herd of\r\nbreeding swine tested negative to an official pseudorabies\r\ntest listed in § 12:68:17:11 within the past 12 months according to the\r\nfollowing schedule:
\r\n\r\n\r\n| \r\n SOW HERD SIZE \r\n | \r\n \r\n NUMBER TO TEST \r\n | \r\n
| \r\n \r\n | \r\n \r\n \r\n | \r\n
| \r\n Up to 10 sows \r\n | \r\n \r\n All \r\n | \r\n
| \r\n Over 10 but less\r\n than 36 sows \r\n | \r\n \r\n 10 sows \r\n | \r\n
| \r\n 36 sows or more \r\n | \r\n \r\n 30 percent, but no\r\n more than 30 sows \r\n | \r\n
Source:\r\n14 SDR 167, effective June 22, 1988.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-9, 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\n12:68:17:11. Official pseudorabies test. An official, approved pseudorabies test is a swine blood sample drawn by a veterinarian and serologically tested for the diagnosis of pseudorabies with one of the following tests:
(1) SN 1:2 dilution;
(2) ELISA;
(3) Latex agglutination; or
(4) G1 ELISA test.
Source: 14 SDR 167, effective June 22, 1988; 22 SDR 111, effective March 7, 1996; 34 SDR 100, effective October 22, 2007; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.
Collateral Reference: Definitions, 9 C.F.R. § 85.1 (January 1, 2025).
CHAPTER 12:68:18
NONDOMESTIC ANIMAL CONTROL
Section
12:68:18:01 Importation of nondomestic animals.
12:68:18:01.01 Importing nondomestic animals for release to the wild.
12:68:18:02 Repealed.
12:68:18:03 Permit required.
12:68:18:03.01 Specifically prohibited nondomestic mammals.
12:68:18:03.02 Specifically restricted nondomestic mammals.
12:68:18:03.03 Types of permits -- Fees.
12:68:18:03.04 Application for permit.
12:68:18:03.05 Release of permitted animal to the wild prohibited.
12:68:18:03.06 Escapes.
12:68:18:03.07 Free-roaming wildlife.
12:68:18:03.08 Testing for purity of species.
12:68:18:04 Repealed.
12:68:18:05 Nondomestic birds.
12:68:18:06 Annual application required.
12:68:18:07 Reporting requirements.
12:68:18:07.01 Intrastate movement requirement for nondomestic mammals.
12:68:18:08 Identification and inspection of captive nondomestic animals.
12:68:18:09 Grounds for denial, suspension, or revocation of permits for captive nondomestic animals.
12:68:18:01. Importation of nondomestic animals. The\r\nprovisions of SDCL 40-14-2 apply to imported nondomestic animals.
\r\n\r\n\r\nSource:\r\n10 SDR 61, effective December 18, 1983; 12 SDR 128, 12 SDR 154, effective July\r\n1, 1986; 16 SDR 40, effective September 3, 1989.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-5-8.
\r\n\r\n\r\n12:68:18:01.01. Importingnondomestic\r\nanimals for release to the wild. Any person desiring to import nondomestic mammals into South Dakota for release to the\r\nwild to become free roaming nondomestic mammals must\r\ncomply with the following:
\r\n\r\n\r\n(1) Obtain an entry permit\r\nas described in § 12:68:18:03.03;
\r\n\r\n(2) Obtain a certificate of\r\nveterinary inspection issued by a licensed veterinarian in the state of origin.
\r\n\r\n\r\nThe board may permit the entry of such\r\nanimals after consulting with the South Dakota Department of Game, Fish and\r\nParks and after holding a public hearing and considering public opinion on\r\nissuance of such a permit and only after obtaining the approval for importing\r\nsuch animals from the Secretary of the South Dakota Department of Game, Fish\r\nand Parks. The provisions of § 12:68:18:03.05 do not apply to any animal\r\nimported and released pursuant to this section. The Animal Industry Board may\r\nexempt such importations by the South Dakota Department of Game, Fish and Parks\r\nfrom the public hearing requirements of this section.
\r\n\r\n\r\nSource:\r\n28 SDR 48, effective October 10, 2001.
\r\n\r\nGeneral\r\nAuthority: 40-3-14, 40-3-25.
\r\n\r\nLaw\r\nImplemented: 40-3-14, 40-14-2, 40-3-25.
\r\n\r\n\r\n12:68:18:02. Change of ownership test.Repealed.
\r\n\r\n\r\nSource:\r\n10 SDR 61, effective December 18, 1983; 10 SDR 123, effective May 20, 1984; 12\r\nSDR 128, 12 SDR 154, effective July 1, 1986; repealed, 16 SDR 40, effective\r\nSeptember 3, 1989.
\r\n\r\n\r\n12:68:18:03.01. Specifically\r\nprohibited nondomestic mammals. The board may issue only a temporary permit\r\nor a zoo permit for possession of the following nondomestic mammals or any of\r\ntheir hybrids. Possession of these mammals is otherwise specifically\r\nprohibited:
\r\n\r\n\r\n\r\n
Of the family Canidae, genus\r\nNyctereutes, species procyonoides (raccoon dog).
\r\n\r\n\r\n\r\n
Source: 20 SDR 96,\r\neffective December 31, 1993; 44 SDR 47, effective September 18, 2017.
\r\n\r\nGeneral Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw Implemented: SDCL 40-3-24 to 40-3-26, 40-5-8.
\r\n\r\n\r\n\r\n
Cross-Reference: Types of\r\npermits -- Fees, § 12:68:18:03.03.
\r\n\r\n\r\n\r\n
12:68:18:03.02. Specifically restricted nondomestic mammals.\r\nPossession of the following nondomestic mammals is restricted geographically to\r\nthe area of South Dakota east of the Missouri River:
\r\n\r\n\r\n(1) Nondomestic mammals\r\nthat are capable of crossbreeding with free-roaming wild elk, specifically\r\nincluding all red deer, sika deer, sambar, Pe're Davids deer, and axis deer and\r\nany of their hybrids; and
\r\n\r\n\r\n(2) Nondomestic mammals\r\nthat are capable of crossbreeding with free-roaming wild sheep and goats or\r\ncompeting aggressively for habitat utilized by wild sheep and goats,\r\nspecifically including all mouflon, argali, urial, blue sheep, auodad, barbary\r\nsheep, and any of their hybrids.
\r\n\r\n\r\nSource:\r\n20 SDR 96, effective December 31, 1993.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\n\r\n\r\n\r\n12:68:18:03.03. Types\r\nof permits -- Fees. The board shall issue the following permits to persons\r\nwho meet the requirements of this chapter and pay the required fee:
\r\n\r\n\r\n\r\n
(1) Entry permit (no\r\nfee) - a permit allowing importation of captive nondomestic animals into South\r\nDakota which may be granted by telephone;
\r\n\r\n\r\n\r\n
(2) Temporary permit\r\n($10) - a permit issued to an individual to possess for not more than 14 days a\r\ncaptive nondomestic mammal specifically prohibited in § 12:68:18:03.01 or\r\nrestricted in § 12:68:18:03.02;
\r\n\r\n\r\n\r\n
(3) Dealer auction\r\npermit ($100) - an annual permit issued to an individual or a group solely for\r\nthe purpose of brokering, leasing, purchasing, or selling mammals listed in\r\nthis chapter whether or not a fee or other compensation is charged for such\r\nservices;
\r\n\r\n\r\n\r\n
(4) Possession permit ($10\r\nan animal to a maximum of $100) - a permit issued for the possession of mammals\r\nlisted in this chapter for any reason other than the conditions described in\r\nsubdivisions (2), (3), and (4) of this section;
\r\n\r\n\r\n\r\n
(5) Zoo permit ($10 an\r\nanimal to a maximum of $100) - a permit issued to nonprofit exhibitors of\r\nnondomestic mammals. A zoo permit allows the possession of any class of\r\nnondomestic mammals. The board may approve the permit if it determines that facilities\r\nare adequate for confinement.
\r\n\r\n\r\n\r\n
Source: 20 SDR 96,\r\neffective December 31, 1993; 44 SDR 47, effective September 18, 2017.
\r\n\r\nGeneral Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw Implemented: SDCL 40-3-24 to 40-3-26.
\r\n\r\n\r\n\r\n
12:68:18:03.04. Application for permit. The board shall\r\nprovide application forms for all permits required by this chapter. An\r\napplication must be submitted to the board before the applicant may possess any\r\nof the mammals listed in § 12:68:18:03. The permit application must\r\ncontain all information required in § 12:68:18:06. The board shall issue\r\nthe permit if the following requirements are met:
\r\n\r\n\r\n(1) The required fees are\r\nreceived;
\r\n\r\n(2) Grounds for denial as\r\nlisted in § 12:68:18:09 do not exist; and
\r\n\r\n(3) The board determines\r\nthat the facilities and procedures as described in the application are adequate\r\nfor compliance with this chapter and to provide for the safety of other animals\r\nand humans.
\r\n\r\n\r\nSource:\r\n20 SDR 96, effective December 31, 1993.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\n\r\n\r\n\r\n12:68:18:03.05. Release of permitted animal to the wild\r\nprohibited. An animal possessed under authority of a permit issued under\r\nthis chapter may not be released to the wild.
\r\n\r\n\r\nSource:\r\n20 SDR 96, effective December 31, 1993.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-24 to 40-3-26, 40-5-8, 40-5-8.6.
\r\n\r\n\r\n12:68:18:03.06. Escapes. An animal possessed under authority\r\nof a permit issued under this chapter must be continuously maintained within\r\nthe confines of the permitted facility. The following procedures apply to\r\nanimals that escape:
\r\n\r\n\r\n(1) If an animal governed\r\nby this chapter escapes or otherwise exits the confines of the facility and is\r\nfound to be free-roaming, the permittee must\r\nimmediately notify the board;
\r\n\r\n\r\n(2) An animal that escapes\r\nis immediately eligible for impoundment or destruction by the board in\r\ncooperation with the Department of Game, Fish and Parks;
\r\n\r\n\r\n(3) An animal that escapes\r\nis the property of the board, and the board shall determine the most expedient\r\ndisposition of the impounded animal. Disposition may include return to the permittee or transfer to the Department of Game, Fish and\r\nParks; and
\r\n\r\n\r\n(4) Expenses incurred in\r\nthe capture, impoundment, care of, and transfer of ownership of escaped animals\r\nat the time of escape are the permittee's\r\nresponsibility. The permittee must pay such costs to\r\nthe board before the board issues or renews any permits covered by this\r\nchapter.
\r\n\r\n\r\nSource:\r\n20 SDR 96, effective December 31, 1993.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-3-24 to 40-3-26, 40-5-8.
\r\n\r\n\r\n12:68:18:03.07. Free-roaming wildlife. A person may not\r\nconfine or allow the confinement of free-roaming wildlife. Before the issuance\r\nof a permit under this chapter, the board in cooperation with the Department of\r\nGame, Fish and Parks may inspect the facility for the presence of free-roaming\r\nwildlife. Any free-roaming wildlife must be removed by the applicant to the\r\nsatisfaction of the board before the issuance of the permit.
\r\n\r\n\r\nA permittee must immediately notify\r\nthe board upon the ingress of free-roaming wildlife of the mammalian class into\r\na permitted facility. The board in cooperation with the Department of Game,\r\nFish and Parks shall take whatever action it considers necessary in accordance\r\nwith the provisions of SDCL 40-3-25 to dispose of such free-roaming wildlife. Facilities may not be constructed for purposes of confining captive nondomestic mammals in such a manner as to interrupt the normal migration patterns of free-roaming wildlife as determined by the board in consultation with the Department of Game, Fish and Parks.
\r\n\r\n\r\nSource:\r\n20 SDR 96, effective December 31, 1993.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.
\r\n\r\n\r\n\r\n\r\n12:68:18:03.08. Testing for purity of species. At the request of the board, a person possessing an animal by permit under this chapter shall present the animal in a confined area, individually restrained, for identification and testing for purity of species. Testing for purity may include all animals permitted or a percentage, as determined by the board in consultation with the Department of Game, Fish and Parks.
Source: 20 SDR 96, effective December 31, 1993; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-24 through 40-3-26, 40-5-8.
12:68:18:04. Import of nondomestic ruminant animals. Repealed.
Source: 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 38 SDR 214, effective June 21, 2012; 39 SDR 204, effective June 10, 2013; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
12:68:18:06. Annual\r\napplication required. A person possessing captive nondomestic mammals\r\nlisted in §§ 12:68:18:03 to 12:68:18:03.02, inclusive, must apply for a\r\npermit for captive nondomestic animals annually from the board by January 1.
\r\n\r\n\r\n\r\n
The permit application shall\r\ninclude the following:
\r\n\r\n\r\n\r\n
(1) The applicant's\r\nname, mailing address, and phone number;
\r\n\r\n\r\n\r\n
(2) The legal\r\ndescription of the premises where the animals are held;
\r\n\r\n\r\n\r\n
(3) An inventory by\r\nspecies, age, and sex of all mammals covered by this permit at application\r\ntime;
\r\n\r\n\r\n\r\n
(4) A listing of all
\r\n\r\n
(5) A description of\r\nfacilities used for confining mammals for such purposes as testing and\r\nidentification.
\r\n\r\n\r\n\r\n
Source: 19 SDR 39,\r\neffective September 24, 1992; 20 SDR 96, effective December 31, 1993; 29 SDR\r\n29, effective September 4, 2002; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw Implemented: SDCL 40-3-14, 40-3-24 to 40-3-26, inclusive, 40-5-8.6.
\r\n\r\n\r\n\r\n
12:68:18:07. Reporting requirements. A permittee under § 12:68:18:06 shall maintain records of all additions and removals of animals covered by the permit requirements. The records must be made available to the board upon request and must include:
(1) The individual identification of the animal by one or more of the following:
(a) A legible tattoo;
(b) An official eartag, as defined in 9 C.F.R. § 71.1 (January 1, 2025); or
(c) Electronic means; and
(2) The name and address of all parties involved in transactions of sale, purchase, lease, loan, gift, or translocation.
Any reports involving captive nondomestic cervidae, imported or possessed in this state, must include individual animal identification.
The permittee or the permittee's agent shall immediately report to the board any disappearance of an animal by death or escape and any diseased animal. The permittee shall have any animals that die autopsied at the official diagnostic laboratory for the board if requested to do so by the board. The permittee is responsible for any expense to transport the animals to the laboratory.
Source: 19 SDR 39, effective September 24, 1992; 20 SDR 96, effective December 31, 1993; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-3-24 to 40-3-26, inclusive.
12:68:18:07.01. Intrastate\r\nmovement requirements for nondomestic mammals. All intrastate movements of\r\nnondomestic mammals listed in § 12:68:18:03 shall be accompanied by an\r\nintrastate movement certificate of veterinary inspection signed by a licensed,\r\naccredited veterinarian. The intrastate movement certificate
\r\n\r\n
(1) Consignor's name,\r\naddress, and animal industry board issued possession permit number;
\r\n\r\n\r\n\r\n
(2) Consignee's name,\r\naddress, and animal industry board issued possession permit number;
\r\n\r\n\r\n\r\n
(3) The telephone\r\nissued permit number requested by the veterinarian signing the certificate
\r\n\r\n
(4) The species of\r\neach animal, its sex and age;
\r\n\r\n\r\n\r\n
(5) An individual\r\npermanent identification of each animal listed on the certificate of veterinary\r\ninspection; and
\r\n\r\n\r\n\r\n
(6) Any information\r\nrequired by the board about the results of tests conducted or other\r\nstipulations as determined by the state veterinarian.
\r\n\r\n\r\n\r\n
Source: 31 SDR 21,\r\neffective August 18, 2004;\r\n43 SDR 41, effective September 26, 2016.
\r\n\r\nGeneral Authority: SDCL 40-3-14(19).
\r\n\r\nLaw Implemented: SDCL 40-3-9, 40-3-14, 40-5-8.
\r\n\r\n\r\n\r\n
12:68:18:08. Identification and inspection of captive\r\nnondomestic animals. At the request of the board, persons possessing\r\nanimals listed in § 12:68:18:06 must present animals in a confined area,\r\nindividually restrained, for identification and inspection.
\r\n\r\n\r\nSource:\r\n19 SDR 39, effective September 24, 1992.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n12:68:18:09. Grounds for denial, suspension, or revocation of\r\npermits for captive nondomestic animals. Permits\r\nfor possession of captive nondomestic animals may be\r\ndenied, suspended, or revoked by the board for any of the following reasons:
\r\n\r\n\r\n(1) Incomplete application;
\r\n\r\n(2) Incorrect application\r\ninformation;
\r\n\r\n(3) Incorrect records;
\r\n\r\n(4) Not presenting animals\r\nfor identification at the request of the board;
\r\n\r\n(5) Violation of any part\r\nof §§ 12:68:18:06 to 12:68:18:08, inclusive; and
\r\n\r\n(6) Violation of any lawful\r\norder of the board pursuant to SDCL 40-5-8 to 40-5-8.6, inclusive, or 40-5-9.
\r\n\r\n\r\nSource:\r\n19 SDR 39, effective September 24, 1992.
\r\n\r\n\r\n\r\n\r\n\r\n\r\nCHAPTER 12:68:19
\r\n\r\n\r\nRAM EPIDIDYMITIS\r\nCONTROL
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:19:01 Definitions.
\r\n\r\n12:68:19:02 Establishing brucella\r\novis-free flock.
\r\n\r\n12:68:19:03 Maintenance of brucella\r\novis-free flock.
\r\n\r\n12:68:19:04 Testing requirements\r\nfor imported rams.
\r\n\r\n12:68:19:05 Approved blood tests.
\r\n\r\n12:68:19:06 Transferred.
\r\n\r\n12:68:19:07 Certificate of veterinary\r\ninspection\r\nand permit required.
\r\n\r\n12:68:19:08 Testing requirements\r\nfor intrastate movement of rams.
\r\n\r\n12:68:19:09 Rams positive to\r\nbrucella ovis test.
\r\n\r\n\r\n\r\n12:68:19:02. Establishing brucella ovis-free flock. A\r\nflock of sheep may be established as a brucella ovis-free flock by showing that\r\nall rams six months old and older have passed two negative blood tests 45 to 60\r\ndays apart.
\r\n\r\n\r\nSource:\r\n14 SDR 116, effective March 13, 1988; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-5-5.1.
\r\n\r\nLaw\r\nImplemented: SDCL 40-5-5.1.
\r\n\r\n\r\n12:68:19:03. Maintenance of brucella ovis-free flock. A\r\nbrucella ovis-free flock may be maintained by blood testing with negative\r\nresults of all rams six months old and older before they are added to the flock\r\nand by annual blood testing with negative results of all rams six months old\r\nand older in the flock. Blood tests used must be tests approved by the board.
\r\n\r\n\r\nSource:\r\n14 SDR 116, effective March 13, 1988; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-5-5.1.
\r\n\r\nLaw\r\nImplemented: SDCL 40-5-5.1.
\r\n\r\n\r\nCross-Reference:\r\nApproved blood tests, § 12:68:19:05.
\r\n\r\n\r\n12:68:19:04. Testing requirements for imported rams. No\r\nperson may bring a ram six months old or older into this state for purposes\r\nother than immediate slaughter unless the ram has been blood tested for\r\nbrucella ovis not more than 30 days prior to the date of importation and the\r\ntest result is negative.
\r\n\r\n\r\nIf rams are from a brucella ovis-free\r\nflock, certified by the state of origin, which has requirements equal to those\r\nin this chapter, they may be imported without a test.
\r\n\r\n\r\nSource:\r\n14 SDR 116, effective March 13, 1988; 18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-5-5.1.
\r\n\r\nLaw\r\nImplemented: SDCL 40-5-5.1.
\r\n\r\n\r\n 12:68:19:06.
12:68:19:07.
\r\n\r\n
Source: 14 SDR 116,\r\neffective March 13, 1988;\r\n43 SDR 41, effective September 26, 2016.
\r\n\r\nGeneral Authority: SDCL 40-3-14, 40-5-5.1.
\r\n\r\nLaw Implemented: SDCL 40-5-5.1.
\r\n\r\n\r\n\r\n
12:68:19:09. Rams positive to brucella ovis test. Rams testing positive for brucella ovis must be identified by an official eartag, as defined in 9 C.F.R. § 79.1 (January 1, 2025), and quarantined to premises until they are sent to slaughter.
Source: 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991; 20 SDR 277, 21 SDR 4, effective July 10, 1994; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 44 SDR 47, effective September 18, 2017; 48SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-5-8.
CHAPTER 12:68:20
\r\n\r\n\r\nINHUMANE TREATMENT OF ANIMALS
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:20:01 Procedures for filing complaints.
\r\n\r\n12:68:20:02 Investigation of reported violations.
\r\n\r\n12:68:20:03 Methods of euthanasia.
\r\n\r\n12:68:20:04 Qualifications for agents of the board.
\r\n\r\n12:68:20:05 Procedures and methods of impoundment.
\r\n\r\n12:68:20:06 Methods of transferring ownership of\r\nimpounded animals.
\r\n\r\n\r\n\r\n12:68:20:01. Procedures for filing complaints. Any\r\ncitizen knowledgeable of a violation of SDCL chapter 40-1 with regard to cattle, horses, sheep, swine, or other livestock may file a complaint to the board. The complainant shall provide the board with the complainant's name, mailing address, phone number, and the location where the complainant can be contacted by the board for investigation of the complaint. The complaint may be by personal communication, telephone, or in writing.
\r\n\r\n\r\nSource:\r\n18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-1-25.
\r\n\r\nLaw\r\nImplemented: SDCL 40-1-25.
\r\n\r\n\r\n12:68:20:02. Investigation of reported violations. The\r\nboard shall investigate reported violations of SDCL chapter 40-1 in an expedient manner. The investigation may include the use of knowledgeable consultants, telephone communications, and inspection of records, facilities, and animals. Such investigations may include taking testimony from witnesses.
\r\n\r\n\r\nSource:\r\n18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-1-25.
\r\n\r\nLaw\r\nImplemented: SDCL 40-1-25.
\r\n\r\n\r\n12:68:20:03. Methods of euthanasia. Euthanasia of animals\r\nunder authority of SDCL chapter 40-1 must be by methods that produce instantaneous unconsciousness and immediate death without visual evidence of pain or distress or by administering an anesthetic which causes loss of consciousness and death following loss of consciousness.
\r\n\r\n\r\nSource:\r\n18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-1-25.
\r\n\r\n\r\n\r\n\r\n12:68:20:04. Qualifications for agents of the board. Agents of the board other than peace officers must be in possession of a copy of 9 C.F.R. §§ 3.1 to 3.20, inclusive (January 1, 2025). To be appointed as an agent of the board, a candidate must:
(1) Demonstrate knowledge of this chapter in an interview with the state veterinarian;
(2) Be of reputable character; and
(3) Possess general animal health knowledge demonstrated by letters of reference from two citizens knowledgeable about the individual. One letter of reference must be written by a veterinarian from the community in which the agent resides.
Source: 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-1-25.
Law Implemented: SDCL 40-1-25.
12:68:20:05. Procedures and methods of impoundment. If\r\nthe board or an agent contracted by the board determines that impoundment of an\r\nanimal is necessary under authority of SDCL chapter 40-1, the board or contracted agent shall, if circumstances allow, obtain from the court having jurisdiction an order for the impoundment. If circumstances appear to the board or its contracted agent to dictate, impoundment may take place in a reasonable and expeditious manner without a court order.
\r\n\r\n\r\nAny impoundment under the authority of\r\nthis chapter must be for the immediate and continued alleviation of inhumane\r\ntreatment or threat to the physical well-being of other owned animals or\r\nhumans.
\r\n\r\n\r\nSource:\r\n18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-1-25.
\r\n\r\nLaw\r\nImplemented: SDCL 40-1-25.
\r\n\r\n\r\n12:68:20:06. Methods of transferring ownership of impounded\r\nanimals. If the board considers that circumstances warrant, the board shall\r\nobtain from the court having jurisdiction an order to transfer ownership of an\r\nanimal impounded under SDCL chapter 40-1 to a suitable caretaker or facility. Ownership of an impounded animal, after at least five days, may be transferred in the manner the board determines most expedient so as to prevent inhumane treatment or threat to the physical well-being of other owned animals or humans.
\r\n\r\n\r\nSource:\r\n18 SDR 55, effective September 23, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-1-25.
\r\n\r\n\r\n\r\n\r\nCHAPTER 12:68:21
\r\n\r\n\r\nBRUCELLOSIS CONTROL IN GOATS
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:21:01 Definitions.
\r\n\r\n12:68:21:02 Testing and identification.
\r\n\r\n12:68:21:03 Reactors -- Quarantine -- Movement of\r\nquarantined goats.
\r\n\r\n12:68:21:04 Suspects -- Movement of suspects.
\r\n\r\n12:68:21:05 Certified brucellosis-free goat herds.
\r\n\r\n12:68:21:06 Additions to certified brucellosis-free\r\nherds.
\r\n\r\n12:68:21:07 Revocation of certified brucellosis-free\r\nstatus.
\r\n\r\n\r\n\r\n12:68:21:01. Definitions. Terms used in this chapter mean:
(1) \"Brucellosis,\" a disease of goats caused by the Brucella species of bacteria;
(2) \"Certified brucellosis-free herd,\" a goat herd for which the owner holds a certified free herd certificate;
(3) \"Negative,\" a goat showing no reaction on an official blood test for Brucella;
(4) \"Reactor,\" a goat showing a positive reaction on a test or proven infected by other diagnostic methods, as determined by a state or federal epidemiologist, as described in 9 C.F.R. § 78.1 (January 1, 2025); and
(5) \"Suspect,\" a goat that shows a reaction to a test but does not qualify as negative or as a reactor, as determined by a designated epidemiologist, as described in 9 C.F.R. § 78.1 (January 1, 2025).
Source: 18 SDR 134, effective February 24, 1992; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.
12:68:21:02. Testing\r\nand identification. All testing for brucellosis shall be at the owner
\r\n\r\n
Source: 18 SDR 134,\r\neffective February 24, 1992; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority: SDCL 40-3-14.
\r\n\r\nLaw Implemented: SDCL 40-3-14.
\r\n\r\n\r\n\r\n
12:68:21:03. Reactors -- Quarantine -- Movement of\r\nquarantined goats. An agent of the board shall quarantine a herd when a\r\nreactor is disclosed in the herd. All movements from quarantined herds shall be\r\nby special permit of the board.
\r\n\r\n\r\nAn agent of the board may release a quarantine after all reactors have been removed and the\r\nquarantined herd has passed two consecutive negative herd tests. The first herd\r\ntest may be no sooner than 30 days after the last reactor has been removed and\r\nthe second herd test may be no sooner than 90 days after the first negative\r\ntest.
\r\n\r\n\r\nSource:\r\n18 SDR 134, effective February 24, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\n12:68:21:04. Suspects -- Movement of suspects. An agent\r\nof the board shall quarantine a suspect when it is disclosed in the herd. All\r\nmovement of suspects shall be by special permit of the board.
\r\n\r\n\r\nSource:\r\n18 SDR 134, effective February 24, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\n12:68:21:05. Certified brucellosis-free goat herds. The\r\nboard shall grant a certificate of brucellosis-free herd status following two\r\nconsecutive negative herd tests not less than 10 or more than 14 months apart.\r\nThe certificate of brucellosis-free herd status expires one year after the\r\nfinal test for certification. Tests made for quarantine release may not be used\r\nfor herd certification.
\r\n\r\n\r\nThe board shall recertify a herd\r\nbrucellosis-free following a negative herd test within 60 days after the\r\nanniversary date of the initial certification. The recertification shall expire\r\n12 months after the anniversary date of the initial certification.
\r\n\r\n\r\nSource:\r\n18 SDR 134, effective February 24, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\n12:68:21:06. Additions to certified brucellosis-free herds.\r\nAdditions to certified brucellosis-free herds must meet one of the following\r\nrequirements:
\r\n\r\n\r\n(1) Originate from\r\ncertified brucellosis-free herds;
\r\n\r\n\r\n(2) Originate from a\r\nnegative herd tested within the previous year and be individually tested at\r\nleast 60 days after the herd test and within the 30 days prior to being added\r\nto the herd; or
\r\n\r\n\r\n(3) Be held in isolation\r\nuntil the goat tests negative twice, the first test given within the 30 days\r\nafter the goat is brought to the premises and the retest given no sooner than\r\n30 days following the first test.
\r\n\r\n\r\nSource:\r\n18 SDR 134, effective February 24, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\n12:68:21:07. Revocation of certified brucellosis-free status.\r\nThe board shall revoke the certified brucellosis-free herd status if the board\r\ndetermines that the herd owner has violated any provisions of this chapter.
\r\n\r\n\r\nSource:\r\n18 SDR 134, effective February 24, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\nCHAPTER 12:68:22
\r\n\r\n\r\nTUBERCULOSIS CONTROL IN GOATS
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:22:01 Definitions.
\r\n\r\n12:68:22:02 Testing and identification.
\r\n\r\n12:68:22:03 Suspects -- Movement of suspects.
\r\n\r\n12:68:22:04 Quarantine -- Movement of quarantined\r\ngoats.
\r\n\r\n12:68:22:05 Accredited tuberculosis-free herds.
\r\n\r\n12:68:22:06 Additions to accredited\r\ntuberculosis-free herds.
\r\n\r\n12:68:22:07 Revocation of accredited\r\ntuberculosis-free status.
\r\n\r\n\r\n\r\n 12:68:22:02. Testing\r\nand identification. All testing other than comparative cervical testing\r\nshall be at the owner's expense. All goats over six months of age
\r\n\r\n
Source: 18 SDR 134,\r\neffective February 24, 1992; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority: SDCL 40-3-14.
\r\n\r\nLaw Implemented: SDCL 40-3-14.
\r\n\r\n\r\n\r\n
12:68:22:03. Suspects -- Movement of suspects. Suspects\r\nshall be quarantined when disclosed. All movement of suspects shall be by\r\nspecial board permit. Suspects shall be held under quarantine until they are\r\ndiagnosed negative or positive by the comparative cervical test.
\r\n\r\n\r\nSource:\r\n18 SDR 134, effective February 24, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\n12:68:22:04. Quarantine -- Movement of quarantined goats.\r\nA herd shall be quarantined when a reactor is disclosed in the herd. All\r\nmovement from quarantined herds shall be by special board permit.
\r\n\r\n\r\nInfected herds shall be under\r\nquarantine until all reactors are removed and the herd passes three consecutive\r\nnegative tests. The first is to be made no sooner than 60 days following the\r\nremoval of the last reactor. The second test shall be no sooner than 60 days\r\nfollowing the first negative test and the third test shall be no sooner than\r\n180 days following the second negative test.
\r\n\r\n\r\nSource:\r\n18 SDR 134, effective February 24, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\n12:68:22:05. Accredited tuberculosis-free herds. The\r\nboard shall grant a certificate of accredited free herd status following two\r\nconsecutive negative herd tests conducted not less than 10 or more than 14\r\nmonths apart. The accredited free certificate expires one year after the final\r\ntest for accreditation.
\r\n\r\n\r\nA herd shall be reaccredited following\r\na negative test within 60 days before the anniversary of the certificate date.\r\nThe reaccreditation shall be for 12 months following the anniversary date of\r\nthe initial accreditation certificate.
\r\n\r\n\r\nSource:\r\n18 SDR 134, effective February 24, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\n12:68:22:06. Additions to accredited tuberculosis-free herds.\r\nAdditions to accredited tuberculosis-free herds must meet one of the following\r\nrequirements:
\r\n\r\n\r\n(1) Originate from an\r\naccredited free herd;
\r\n\r\n(2) Originate from a\r\nnegative herd tested within one year and be individually tested more than 60\r\ndays before being added to the herd; and
\r\n\r\n(3) Be negative to a test\r\nwithin 60 days of being brought to the premise and be held in isolation until\r\nnegative to a retest no sooner than 60 days following the first test.
\r\n\r\n\r\nSource:\r\n18 SDR 134, effective February 24, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\n12:68:22:07. Revocation of accredited tuberculosis-free\r\nstatus. The board shall revoke the accredited tuberculosis-free status if\r\nthe board determines that the herd owner has violated any provisions of this\r\nchapter.
\r\n\r\n\r\nSource:\r\n18 SDR 134, effective February 24, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\nCHAPTER 12:68:23
\r\n\r\n\r\nTUBERCULOSIS CONTROL IN CERVIDAE
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:23:01 Methods for tuberculosis control.
\r\n\r\n12:68:23:02 Definitions.
\r\n\r\n12:68:23:03 Monitored herd.
\r\n\r\n12:68:23:04 Official tuberculosis tests.
\r\n\r\n12:68:23:05 Classification of Cervidae tested.
\r\n\r\n12:68:23:06 Importation of Cervidae.
\r\n\r\n12:68:23:07 Reporting of\r\ntests.
\r\n\r\n12:68:23:08 Repealed.
\r\n\r\n12:68:23:09 Use of the single cervical test.
\r\n\r\n12:68:23:10 Disposition of Cervidae responding to\r\ntuberculin testing.
\r\n\r\n12:68:23:11 Identification of reactors.
\r\n\r\n12:68:23:12 Cleaning and\r\ndisinfection of premises, conveyances, and materials.
\r\n\r\n12:68:23:13 Accredited herd\r\nplan.
\r\n\r\n12:68:23:14 Qualified herd\r\nplan.
\r\n\r\n\r\n\r\n12:68:23:01. Methods\r\nfor tuberculosis control. Methods for tuberculosis control in\r\ncervidae in South Dakota shall refer to the methods contained in "Bovine\r\nTuberculosis Eradication," USDA, APHIS, January 22, 1999.
\r\n\r\n\r\n\r\n
Source: 21 SDR\r\n162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 39 SDR\r\n204, effective June 10, 2013.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n\r\n
Reference:\r\n"Bovine Tuberculosis Eradication," APHIS 91-45-011, January 22, 1999, published by Animal and Plant Health Inspection Service, U.S. Department\r\nof Agriculture. Copies may be obtained at no charge from South Dakota Animal\r\nIndustry Board, 411 South Fort Street, Pierre, South Dakota 57501. Information can also be obtained from the AIB website; http://aib.sd.gov\r\nand the USDA website; http://www.usda.gov/wps/portal/usda/usdahome.\r\n
\r\n\r\n\r\n\r\n
\r\n\r\n
12:68:23:02. Definitions. Terms used in this chapter mean:
(1) \"Accredited herd,\" a cervidae herd that has passed at least two consecutive official tuberculosis tests of all eligible animals, conducted at intervals of nine to fifteen months, and has no evidence of bovine tuberculosis or exposure to it;
(2) \"Accredited veterinarian,\" a veterinarian approved by the Deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture, and the state veterinarian, in accordance with 9 C.F.R. Part 161 (January 1, 2025), to perform functions required by cooperative state-federal animal disease control and eradication programs;
(3) \"Affected herd,\" a cervidae herd that contains or has contained one or more animals infected with Mycobacterium bovis and has not passed the required tests prescribed by this chapter for release from quarantine;
(4) \"Cervidae,\" all species of deer, elk, moose, and caribou;
(5) \"Comparative cervical tuberculin test,\" the intradermal injection of biologically balanced bovine purified protein derivative tuberculin and avian purified protein derivative tuberculin, at separate sites in the midcervical area, to determine the probable presence of infection, by comparing the response of the two tuberculins, seventy-two hours plus or minus six hours following injection;
(6) \"Designated accredited veterinarian,\" an accredited veterinarian trained and designated by the state veterinarian to conduct the single cervical test or draw blood for the dual path platform test;
(7) \"Dual path platform test,\" a serological assay to determine the presence of antibodies to bovine tuberculosis in elk, red deer, white-tailed deer, fallow deer, and reindeer, in which a blood sample taken from a captive cervidae and buffer solution is placed on a strip;
(8) \"Herd,\" one or more cervidae or a group of cervidae and other hoofed stock maintained on common ground, or two or more groups of cervidae under common ownership or supervision, which are geographically separated but can have an interchange or movement without regard to health status;
(9) \"Natural additions,\" animals born and raised in a herd;
(10) \"Negative,\" having no response to an official tuberculosis test or being classified as not having tuberculosis by the testing veterinarian based on history, supplemental tests, examination of carcasses, or laboratory results;
(11) \"Official eartag,\" as defined in 9 C.F.R. § 71.1 (January 1, 2025);
(12) \"Official tuberculosis test,\" a test for bovine tuberculosis applied and reported in accordance with this chapter;
(13) \"Permit,\" an official document issued by a representative of Animal Plant Health Inspection Service - Veterinary Service, or a state representative, which is required to accompany reactor, suspect, or exposed cervidae to slaughter;
(14) \"Qualified herd,\" a cervidae herd that has undergone at least one complete official negative test of all eligible animals, within the past twelve months, and is not classified as an accredited herd, has no evidence of bovine tuberculosis, and meets the standards of this chapter;
(15) \"Reactor,\" a cervidae that shows a response to an official tuberculosis test and is classified a reactor by the testing veterinarian;
(16) \"Single cervical tuberculin test,\" the intradermal injection of 0.1 mL or five thousand tuberculin units of United States Department of Agriculture bovine purified protein derivative tuberculin in the midcervical region with reading by visual observation and palpation in seventy-two hours, plus or minus six hours, following injection;
(17) \"Suspect,\" a cervidae that shows a response to an official tuberculosis test and is not classified as a reactor or is not classified as negative or as a reactor by a supplemental tuberculosis test;
(18) \"Tuberculin,\" a product that is approved by and produced under United States Department of Agriculture license for the intradermal injection of cervidae for the purpose of detecting bovine tuberculosis; and
(19) \"Tuberculosis,\" a disease in cervidae caused by Mycobacterium bovis.
Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 39 SDR 204, effective June 10, 2013; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8 to 40-5-8.4, inclusive, 40-5-9.
12:68:23:04. Official tuberculosis tests. The following primary and supplemental diagnostic tests are the official tests approved for use in testing and retesting for tuberculosis in cervidae.
(1) The single cervical tuberculin test is a primary test that may be used in individual captive cervidae and in herds of unknown tuberculosis status. Each captive cervidae that responds to the single cervical tuberculin test must be classified as a suspect until it is retested with the comparative cervical tuberculin test and is either found negative for tuberculosis or is classified as a reactor, unless, with exception of a designated accredited veterinarian, the testing veterinarian determines that the captive cervidae should be classified as a reactor based on its response to the single cervical tuberculin test. A designated accredited veterinarian must classify a responding captive cervidae as a suspect, unless the state veterinarian determines, based on epidemiological evidence, that the captive cervidae should be classified as a reactor. A captive cervidae that responds to the single cervical tuberculin test must not be retested using the dual path platform test;
(2) The single cervical tuberculin test is a primary test that may be used in affected herds and in herds that have received captive cervidae from an affected herd. If used with affected herds or in herds that have received a captive cervidae from an affected herd, the single cervical tuberculin test may only be administered by a veterinarian employed by the state in which the test is administered or employed by USDA. In affected herds or herds that have received captive cervidae from an affected herd, each captive cervidae that responds to the single cervical tuberculin test must be classified as a reactor, unless the state veterinarian determines, based on epidemiological evidence, that the cervidae should be classified as a suspect because of possible exposure to a tuberculous animal;
(3) The dual path platform test is a primary test that may be used in individual captive elk, red deer, white-tailed deer, fallow deer, and reindeer, and in herds of these species that are of unknown tuberculous status. Each captive cervidae that has nonnegative test results to the dual path platform test must be classified as a suspect, unless the state veterinarian determines, based on epidemiological evidence, that the captive cervidae should be classified as a reactor. The cervidae may be retested with the dual path platform test to evaluate a new blood sample drawn from the cervidae no less than 30 days after the first dual path platform test. A captive cervidae that has nonnegative test results on two successive dual path platform tests must be classified as a reactor. A captive cervidae that has nonnegative test results to the dual path platform test may not be retested using the single cervical tuberculin or comparative cervical tuberculin test;
(4) The comparative cervical tuberculin test is a supplemental test that may only be used in order to retest captive cervidae that have been classified as suspects after being tested with the single cervical tuberculin test. The comparative cervical tuberculin test may be used in affected herds only after the herd has tested negative to at least two whole herd single cervical tuberculin tests and only with the prior written consent of the state veterinarian. The comparative cervical tuberculin test may not be used as a primary test. Captive cervidae tested with the comparative cervical tuberculin test are classified as follows:
(A) A captive cervidae tested with the comparative cervical tuberculin test must be classified as negative if it has a response to the bovine purified protein derivative tuberculin that is less than 1 mm;
(B) Unless the testing veterinarian determines that the captive cervidae should be classified as a reactor because of possible exposure to a tuberculous animal, a captive cervidae tested with the comparative cervical tuberculin test must be classified as a suspect if:
(1) It has a response to the bovine purified protein derivative tuberculin that is greater than 2 mm and that is equal to the response to the avian purified protein derivative tuberculin; or
(2) It has a response to the bovine purified protein derivative tuberculin that is equal to or greater than 1 mm and equal to or less than 2 mm and that is equal to or greater than the response to the avian purified protein derivative tuberculin; and
(C) A captive cervidae tested with the comparative cervical tuberculin test must be classified as a reactor if:
(1) It has a response to the bovine purified protein derivative tuberculin that is greater than 2 mm and that is at least 0.5 mm greater than the response to the avian purified protein derivative tuberculin; or
(2) It has been classified as a suspect on two successive comparative cervical tuberculin tests.
Any exceptions to the reactor classification under the conditions in this subsection must be justified by the testing veterinarian in writing and have the concurrence of the state veterinarian.
Source: 21 SDR 162, effective March 23, 1995; 39 SDR 204, effective June 10, 2013; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.4, 40-5-9.
12:68:23:06. Importation of Cervidae. All Cervidae to be imported into South Dakota must be:
(1) Individually identified with an official identification tag and a visible management tag listed on a certificate of veterinary inspection and an import permit issued by the board; and
(2) The cervidae must be from:
(A) An accredited herd that has completed testing requirements within 24 months prior to the date of movement; or
(B) A herd that has had a negative whole herd test within one year prior to the date of movement, and the individual animals moved must have tested negative to an official tuberculosis test, as defined in § 12:68:23:04, within 90 days prior to entry; except that the additional test is not required if the animals are moved interstate within six months following the whole herd test.
Source: 21 SDR 162, effective March 23, 1995; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.4.
12:68:23:07. Reporting of tests. A report of all\r\ntuberculosis tests must be submitted to the state veterinarian by the\r\nveterinarian administering the test immediately following the test. This report\r\nmust include the identification of age, sex, and species of each animal and a\r\nrecord of the size of the response.
\r\n\r\n\r\nSource:\r\n21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n12:68:23:09. Use of the single cervical test. The single\r\ncervical test may be administered only by a state, federal, or designated\r\naccredited veterinarian.
\r\n\r\n\r\nSource:\r\n21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n12:68:23:10. Disposition of Cervidae responding to tuberculin testing. Cervidae responding to tuberculin testing must be disposed of as follows:
(1) Reactors and exposed animals must remain on the premises where they were disclosed until a state or federal permit for movement has been obtained. Movement for immediate slaughter must be within 15 days after classification directly to a slaughter establishment where approved state or federal inspection is maintained. Alternatively, the animals may be destroyed and a necropsy may be conducted by or under the supervision of an accredited veterinarian who is employed by the state or federal government and trained in tuberculosis necropsy procedures.
(2) Herds containing suspects to the single cervical tuberculin test must be quarantined until the suspect animals are:
(a) Retested by the comparative cervical tuberculin test within ten days after the single cervical tuberculin test injection; or
(b) Retested by the comparative cervical tuberculin test after 90 days; or
(c) Shipped under permit directly to a slaughter facility under state or federal inspection, or necropsied by or under the supervision of an accredited veterinarian who is employed by the state or federal government and trained in tuberculosis necropsy procedures. If such animals are found to be without evidence of mycobacterium bovis infection by histopathology, including selected specimens submitted from animals having no gross lesions indicative of tuberculosis or culture, they are considered negative for tuberculosis.
(3) Suspects to the comparative cervical tuberculin test must remain under quarantine until:
(a) Comparative cervical suspects are retested using the comparative cervical tuberculin test after 90 days; or
(b) Shipped under permit directly to a slaughter facility under state or federal inspection or necropsied by or under the supervision of an accredited veterinarian who is employed by the state or federal government and trained in tuberculosis necropsy procedures. Such animals are considered negative for tuberculosis unless evidence of the disease is found by culture or histopathology, including selected specimens submitted from animals having no gross lesions.
(4) An animal meeting the suspect criteria on two successive comparative cervical tuberculin tests must be classified as a reactor and identified as such. The testing veterinarian must justify exceptions, in writing, and have the concurrence of the state veterinarian.
(5) A captive cervidae classified as a suspect on the dual path platform test must be quarantined until it is slaughtered or retested using the dual path platform test and found negative for tuberculosis; and
(6) A captive cervidae classified as a suspect on an initial dual path platform test must be slaughtered or otherwise must be quarantined until it is retested using the dual path platform test. A captive cervidae that has negative test results to the second dual path platform test may be released from quarantine. A captive cervidae that has nonnegative test results to the second dual path platform test must be classified as a reactor and may only be moved in accordance with subsection (3)(b) of this section.
Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 39 SDR 204, effective June 10, 2013; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
12:68:23:11. Identification of reactors. A reactor must be identified by branding with the letter \"T\" on the left jaw, not less than two inches or more than three inches high, and by tagging with an official eartag bearing a serial number and the inscription \"U.S. Reactor\" attached to the left ear. In lieu of branding, a reactor may be shipped to slaughter in an officially sealed vehicle by a full-time United States Department of Agriculture or board employee, or accompanied to slaughter by a full-time United States Department of Agriculture or board employee. The seal to be used is an official seal as defined in 9 C.F.R. § 78.1 (January 1, 2025).
Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 39 SDR 204, effective June 10, 2013; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8 to 40-5-8.4, inclusive, 40-5-9.
12:68:23:12. Cleaning and disinfection of premises,\r\nconveyances, and materials. All premises, including all structures, holding\r\nfacilities, conveyances, and materials that are determined by cooperating state\r\nor federal animal health officials to constitute a health hazard to humans or\r\nanimals because of tuberculosis must be cleaned and disinfected. Cleaning and\r\ndisinfection must be done within 15 days after the removal of\r\ntuberculosis-infected or -exposed cervids as directed by the officials. The\r\nofficials, for reasons satisfactory to them, may extend the time limit for\r\ndisinfection if the request for extension is received before the original\r\n15-day period expires.
\r\n\r\n\r\nSource:\r\n21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n12:68:23:14. Qualified herd plan. The requirements for\r\nthe qualified herd plan for Cervidae are as follows:
\r\n\r\n\r\n(1) Animals to be tested.\r\nTesting of herds for qualification must include all Cervidae over six months of\r\nage and any animals under six months of age that are not natural additions. All\r\nnatural additions must be individually identified by official eartag and be\r\nrecorded on the test charts as members of the herd at the time of the herd\r\ntest;
\r\n\r\n\r\n(2) Qualifying standards:\r\nTo meet the requirements for qualified herd status, the herd must be\r\nadministered one official test for tuberculosis with results indicating no\r\nevidence of bovine tuberculosis. The qualified herd status remains in effect\r\nfor 12 months following the qualifying test;
\r\n\r\n\r\n(3) Additions: Individual\r\nanimals for addition must be isolated from other members of the herd of origin\r\nand must have negative results to two official tests for tuberculosis,\r\nconducted at least 90 days apart. The second test must be conducted within the\r\n90 days preceding movement to the premises of the monitored herd. The additions\r\nmust be kept in isolation from all members of the qualified herd until they are\r\nnegative to an official tuberculosis test conducted at least 90 days following\r\nthe date of entry to the premises.
\r\n\r\n\r\nSource:\r\n21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\nCHAPTER 12:68:24
\r\n\r\n\r\nBRUCELLOSIS\r\nCONTROL IN CERVIDAE
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:24:01 Definitions.
\r\n\r\n12:68:24:02 Supervision of\r\nthe Cervidae brucellosis eradication program.
\r\n\r\n12:68:24:03 Brucellosis\r\nherd testing procedures.
\r\n\r\n12:68:24:04 Official\r\ncervidae tests.
\r\n\r\n12:68:24:05 Interpretation\r\nof cervidae tests.
\r\n\r\n12:68:24:06 Other\r\ndiagnostic tests.
\r\n\r\n12:68:24:07 Investigation\r\nof brucellosis suspect cervidae herds.
\r\n\r\n12:68:24:08 Procedures in\r\naffected herds.
\r\n\r\n12:68:24:09 Herd plan.
\r\n\r\n12:68:24:10 Retesting\r\nreactors.
\r\n\r\n12:68:24:11 Identification\r\nrequirements.
\r\n\r\n12:68:24:12 Movement from\r\nfirst point of concentration.
\r\n\r\n12:68:24:13 Repealed.
\r\n\r\n12:68:24:14 Qualifying\r\nmethods for certified brucellosis-free cervidae herds.
\r\n\r\n12:68:24:15 Recertification\r\nof brucellosis-free cervidae herds.
\r\n\r\n12:68:24:16 Movement into\r\na certified brucellosis-free cervidae herd.
\r\n\r\n12:68:24:17 Recognition of\r\ncertified brucellosis-free cervidae herds.
\r\n\r\n\r\n\r\n12:68:24:01. Definitions. Terms used in this chapter mean:
(1) \"Accredited veterinarian,\" a veterinarian approved by the Deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture, and the state veterinarian, in accordance with 9 C.F.R. Part 161 (January 1, 2025), to perform functions required by cooperative state-federal animal disease control and eradication programs;
(2) \"Adjacent herd,\" a herd of Cervidae, cattle, bison, or other hoofed stock:
(a) Occupying premises that border an affected herd, and includes herds separated by roads or streams; or
(b) Occupying premises that were previously occupied by an infected herd within a certain period of time, as determined by the designated brucellosis epidemiologist;
(3) \"Affected herd,\" a cervidae herd in which any animal has been classified as a brucellosis reactor and has not completed the required tests prescribed by this chapter for release from quarantine;
(4) \"Area Veterinarian-In-Charge,\" an official of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services who is assigned to supervise federal animal health programs in one or more states;
(5) \"Area,\" that portion of any state, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam that has a separate brucellosis classification, as determined by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services;
(6) \"Blood test,\" a blood sample from Cervidae subjected to an official test for brucellosis at the National Veterinary Service Laboratory in Ames, Iowa, or at a laboratory that has completed proficiency testing conducted by the National Veterinary Service Laboratory;
(7) \"Brucellosis,\" an infectious disease of animals and humans caused by Brucella abortus;
(8) \"Certified brucellosis-free cervidae herd,\" a herd of cervidae that has qualified for and has been issued a certified brucellosis-free cervidae herd certificate signed by both the state veterinarian and the area veterinarian-in-charge;
(9) \"Cervidae,\" deer, elk, moose, caribou, and related species, raised under confinement or agricultural conditions, for the production of meat or other agricultural products, sport, or exhibition;
(10) \"Cervidae herd,\" a group of cervidae or one or more groups of cervidae and other hoofed stock, maintained on common ground or under common ownership or supervision, which are geographically separated but can have interchange or movement;
(11) \"Cervidae herd of origin,\" a cervidae herd, or any farm or other premises, where the animals were born or where they are kept for at least four months before the date of shipping, if cervidae or other hoofed stock from other premises have not been assembled on the premises within four months before shipment;
(12) \"Cervidae herd test,\" an official brucellosis blood test of all cervidae twelve months of age or older in a cervidae herd;
(13) \"Designated brucellosis epidemiologist,\" a state or federal veterinarian who has demonstrated the knowledge and ability to perform the functions required under this chapter and who has been selected by the state veterinarian and the area veterinarian-in-charge;
(14) \"Exposed,\" a designation applied to cervidae that are either part of an affected herd or for which epidemiologic investigation indicates contact with brucellosis reactors;
(15) \"First point of concentration,\" livestock markets, buying stations, dealers' premises, or assembly points, receiving animals directly from farms;
(16) \"Individual herd plan,\" a written herd management and testing plan that is designed by the herd owner, the owner's veterinarian if requested, and a state or federal veterinarian, to identify and eradicate brucellosis from an affected herd as requested by the state veterinarian;
(17) \"Negative,\" a designation applied to cervidae for which laboratory test results fail to disclose evidence of brucellosis;
(18) \"Permit,\" an official document that is issued by the state veterinarian, the area veterinarian-in-charge, or an accredited veterinarian, for movement of reactor, suspect, and exposed animals;
(19) \"Quarantine,\" an imposed restriction prohibiting movement of brucellosis reactor, suspect, or exposed animals to any location without specific written permits;
(20) \"Reactor,\" a designation applied to a cervid diagnosed as positive to Brucella abortus, based on laboratory test results, clinical signs, or epidemiologic investigation;
(21) \"State,\" any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or Guam; and
(22) \"Suspect,\" a designation applied to a cervid for which laboratory test results suggest Brucella abortus infection, but are inconclusive.
Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 43 SDR 41, effective September 26, 2016; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8 to 40-5-8.4, inclusive, 40-5-9.
12:68:24:02. Supervision of the Cervidae brucellosis\r\neradication program. The state veterinarian shall provide routine\r\nsupervision of the Cervidae brucellosis eradication program.
\r\n\r\n\r\nSource:\r\n21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n12:68:24:03. Brucellosis\r\nherd testing procedures. Cervidae herd testing procedures shall include:
\r\n\r\n\r\n\r\n
(1) Initial\r\nherd tests of cervidae herd of origin, adjacent herds, or suspicious herds\r\nidentified by epidemiologic investigation and administered to sexually intact\r\nanimals twelve months of age and older;
\r\n\r\n\r\n\r\n
(2) Affected\r\ncervidae herd tests administered to sexually intact animals six months of age\r\nand older;
\r\n\r\n\r\n\r\n
(3) Certified\r\nbrucellosis-free cervidae herd tests administered to animals in the herd twelve\r\nmonths of age or older.
\r\n\r\n\r\n\r\n
Source: 21 SDR\r\n162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n\r\n
12:68:24:04. Official cervidae tests. Official cervidae tests for brucellosis are:
(1) Buffered acidified plate antigen (BAPA);
(2) Standard plate agglutination;
(3) Standard tube agglutination;
(4) Rivanol;
(5) Complement fixation;
(6) Fluorescent polarization; and
(7) Card.
Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8 to 40-5-8.4, inclusive, 40-5-9.
Collateral Reference: Definitions, 9 C.F.R., § 78.1 (January 1, 2025).
12:68:24:05. Interpretation of cervid tests. Only a\r\ndesignated brucellosis epidemiologist may officially classify a cervid as\r\nnegative, suspect, or reactor based on results of an official cervid test.
\r\n\r\n\r\nSource:\r\n21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n12:68:24:06. Other diagnostic tests. In addition to the\r\ntests in § 12:68:24:04, cervid infection with Brucella may also be\r\nidentified or confirmed by bacteriologic cultivation and isolation of Brucella\r\nabortus from tissues, secretions, or excretions.
\r\n\r\n\r\nSource:\r\n21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n12:68:24:07. Investigation\r\nof brucellosis suspect cervidae herds. All herds of origin of\r\nreactors must be investigated. If investigation suggests infection, the herd\r\nmust be quarantined. All adjacent herds and herds having contact with an\r\naffected herd must be investigated.
\r\n\r\n\r\n\r\n
Source: 21 SDR\r\n162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n\r\n
12:68:24:08. Procedures in affected herds. When reactors\r\nare discovered in a cervid herd and removed, retesting of the affected herd\r\nwill be conducted at 30-day intervals.
\r\n\r\n\r\nTwo negative herd tests are required\r\nfor release from quarantine. The first test must occur more than 30 days after\r\nthe last reactor is removed. The second test must occur more than 180 days\r\nafter the last reactor is removed and at least 90 days after the first negative\r\ntest. A post-quarantine test must take place 6 to 12 months after release from\r\nquarantine.
\r\n\r\n\r\nSource:\r\n21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n12:68:24:09. Herd\r\nplan. The herd owner, the owner's veterinarian if requested, and the state\r\nveterinarian shall develop a plan for eradicating brucellosis in each affected\r\nherd. The plan must be designed to reduce and then eliminate brucellosis within\r\nthe herd, to prevent spread of the disease to other herds, and to prevent\r\nreintroduction of brucellosis after the herd is free of the disease. The herd\r\nplan must be developed and signed within thirty days after a determination that\r\nthe herd is affected.
\r\n\r\n\r\n\r\n
The herd plan must\r\naddress herd management, testing, and isolation of females during calving, as\r\nwell as cleaning and disinfection of the premises. The plan must be formalized\r\nas a memorandum of agreement between the owner and program officials and must\r\nbe approved by the designated brucellosis epidemiologist.
\r\n\r\n\r\n\r\n
Source: 21 SDR\r\n162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n\r\n
12:68:24:10. Retesting reactors. The owner may request an\r\nadditional blood test on reactors, at the owner's expense, within three days\r\nafter being notified of the initial blood test results. The sample must be\r\ncollected and submitted to the laboratory that conducted the initial test by a\r\nrepresentative of the state veterinarian. All unneutered animals must remain\r\nunder herd quarantine until retest results are classified.
\r\n\r\n\r\nSource:\r\n21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n12:68:24:11. Identification\r\nrequirements. Reactors must remain on the premises where they are found\r\nuntil they are identified by an official eartag.
\r\n\r\n\r\n\r\n
Suspect and exposed\r\nanimals must remain on the premises where they are found until they are\r\nidentified by an official eartag.
\r\n\r\n\r\n\r\n
Source: 21 SDR\r\n162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n\r\n
12:68:24:12. Movement\r\nfrom first point of concentration. Reactors may be returned from the first\r\npoint of concentration to the herd of origin, under permit and quarantine, for\r\nretesting and evaluation after they are identified by an official eartag placed\r\nin the right ear or must move directly to slaughter under permit.
\r\n\r\n\r\n\r\n
Suspects may be\r\nreturned to the herd of origin, under permit and quarantine, for retesting and\r\nevaluation after they are identified by an official eartag in the right ear or\r\nmust move directly to slaughter under permit.
\r\n\r\n\r\n\r\n
Exposed animals may be\r\nreturned to the herd of origin, under permit and quarantine, for testing or\r\nretesting and evaluation after they are identified by an official eartag in the\r\nright ear or must move directly to slaughter under permit.
\r\n\r\n\r\n\r\n
Source: 21 SDR\r\n162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n\r\n
12:68:24:13. Cleaning\r\nand disinfecting. Repealed.
\r\n\r\n\r\n\r\n
Source: 21 SDR\r\n162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.
\r\n\r\n\r\n\r\n
12:68:24:14. Qualifying methods for certified\r\nbrucellosis-free cervid herds. Certified brucellosis-free cervid herd\r\nstatus must include all Cervidae under common ownership. They cannot be\r\ncommingled with other species that are not certified. A herd may qualify for\r\nstatus as a certified brucellosis-free cervid herd by complete herd testing or\r\npurchase as follows:
\r\n\r\n\r\n(1) Complete cervid herd\r\ntest: For initial certification all animals in the herd over 12 months of age\r\nmust have two negative tests 9 to 15 months apart;
\r\n\r\n\r\n(2) Purchasing a certified\r\nbrucellosis-free cervid herd: A herd test is not required if the purchased\r\nanimals remain on the same premises. Upon request and with proof of purchase\r\nthe board shall issue a new certificate in the new owner's name. The\r\nanniversary date and the herd number remain the same; or if part or all of the purchased herd is moved directly to premises that\r\nhave no other Cervidae, the herd may retain certified free status without a\r\ntest. The Board shall issue a new certification number. The anniversary date of\r\nthe new herd is the test date of the most recent herd test.
\r\n\r\n\r\nSource:\r\n21 SDR 162, effective March 23, 1995; 27 SDR 96, effective April 1, 2001.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n12:68:24:16. Movement\r\ninto a certified brucellosis-free cervidae herd. Animals originating\r\nfrom certified brucellosis-free cervidae herds and moving into a certified\r\nbrucellosis-free cervidae herd need not be tested before movement.
\r\n\r\n\r\n\r\n
Animals purchased from\r\nherds not certified brucellosis-free for movement into certified\r\nbrucellosis-free cervidae herds may not be certified until both of the\r\nfollowing blood tests have been completed:
\r\n\r\n\r\n\r\n
(1) Within\r\n30 days before movement from the herd of origin; and
\r\n\r\n(2) One\r\nannual recertification test or the imported animals have been included in a\r\nrecertification test of the certified herd entered.
\r\n\r\n\r\n\r\n
Source: 21 SDR\r\n162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 45 SDR\r\n82, effective December 11, 2018.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\n\r\n
12:68:24:17. Recognition of certified brucellosis-free cervid\r\nherds. The state veterinarian shall issue a brucellosis-free cervid herd\r\ncertificate when the herd first qualifies. For recertification, the state\r\nveterinarian shall issue a renewal form.
\r\n\r\n\r\nSource:\r\n21 SDR 162, effective March 23, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.
\r\n\r\n\r\nCHAPTER 12:68:25
\r\n\r\n\r\n\r\n
CHRONIC WASTING\r\nDISEASE IN CERVIDAE
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:25:01 Definitions.
\r\n\r\n12:68:25:02 Supervision of\r\nthe cervidae CWD program.
\r\n\r\n12:68:25:03 Voluntary CWD\r\nherd certification program surveillance procedures.
\r\n\r\n12:68:25:04 Official cervid\r\ntests.
\r\n\r\n12:68:25:05 Investigation\r\nof cervid CWD surveillance identification affected animals.
\r\n\r\n12:68:25:06 Repealed.
\r\n\r\n12:68:25:07 Herd plan.
\r\n\r\n12:68:25:08 Identification\r\nand disposal requirements.
\r\n\r\n12:68:25:09 Cleaning and\r\ndisinfecting.
\r\n\r\n12:68:25:10 Methods for\r\nobtaining certified CWD cervid herd status.
\r\n\r\n12:68:25:11 Recertification\r\nof certified CWD cervid herds.
\r\n\r\n12:68:25:12 Movement into a\r\ncertified CWD cervid herd.
\r\n\r\n12:68:25:13 Movement into a\r\nmonitored CWD cervid herd.
\r\n\r\n12:68:25:14 Recognition of\r\nmonitored CWD cervid herds.
\r\n\r\n12:68:25:15 Recognition of\r\ncertified CWD cervid herds.
\r\n\r\n12:68:25:16 Intrastate\r\nmovement requirements.
\r\n\r\n12:68:25:17 Import\r\nrequirements.
\r\n\r\n12:68:25:18 CWD control in\r\nfree roaming cervids.
\r\n\r\n\r\n\r\n12:68:25:01. Definitions. Terms used in this chapter mean:
(1) \"Adjacent herd,\" a herd of cervidae occupying premises that border an affected herd, and herds separated by roads or streams; or a herd of cervidae occupying premises that were previously occupied by an affected herd within the past five years, as determined by the designated epidemiologist;
(2) \"Affected herd,\" a cervidae herd from which any animal has been diagnosed as affected with chronic wasting disease and which is not in compliance with the provisions of the control program for chronic wasting disease as described in this chapter;
(3) \"Approved laboratory,\" the National Veterinary Service Laboratory, Ames, Iowa, or a laboratory accredited by the American Association of Veterinary Laboratory Diagnosticians;
(4) \"Certified CWD cervidae herd,\" a herd of cervidae that has qualified for and has been issued a certified chronic wasting disease cervidae herd certificate signed by the state veterinarian;
(5) \"Cervidae,\" deer, elk, moose, caribou, reindeer, and related species and their hybrids;
(6) \"Cervidae herd,\" a group of cervidae or one or more groups of cervidae maintained on common ground or under common ownership or supervision that are geographically separated but can have interchange or movement;
(7) \"Herd of origin,\" a cervidae herd, or any farm or other premises, where the animals were born or where they are kept for at least one year before the date of shipping, if cervidae from other premises have not been on the premises within one year before shipment;
(8) \"Certificate of veterinary inspection,\" an official document issued by the state veterinarian, a federal animal health official, or an accredited veterinarian, at the point of origin, and containing information on the individual identification of the animals, the number of animals, the purpose of the movement, the points of origin and destination, the consignor, the consignee, and any other information required by the state animal health official for importation or translocation;
(9) \"Chronic wasting disease (CWD),\" a transmissible spongiform encephalopathy of cervidae;
(10) \"Designated epidemiologist,\" a state or federal veterinarian who has demonstrated the knowledge and ability to perform the functions required under this chapter and who has been selected by the state veterinarian;
(11) “Exposed,” a designation applied to cervidae that are either part of an affected herd or for which epidemiological investigation indicates contact with chronic wasting disease affected animals or contact with animals from a chronic wasting disease affected herd in the past five years;
(12) \"Herd plan,\" a written herd management and testing plan that is designed by the herd owner, the herd veterinarian, and a designated epidemiologist to identify and eradicate chronic wasting disease from an affected herd;
(13) \"Monitored herd,\" a herd of cervidae that is in compliance with the voluntary CWD herd certification program, as defined in this section. A monitored herd must be defined as one-year, two-year, three-year, and four-year-monitored, in accordance with the time in years the herd has been in compliance with the voluntary chronic wasting disease certification program;
(14) \"Official identification,\" an identification eartag that conforms to the official animal identification, as defined in 9 C.F.R. Part 55 (January 1, 2025);
(15) \"Permit,\" an official document that is issued by the state veterinarian, area veterinarian-in-charge, or an accredited veterinarian for movement of affected, suspect, and exposed animals;
(16) \"Quarantine,\" an imposed restriction prohibiting movement of cervidae to any location without specific written permits;
(17) \"State,\" any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or Guam;
(18) \"Traceback,\" the process of identifying the herd of origin of positive animals, including herds that were sold for slaughter; and
(19) \"Voluntary CWD herd certification program,\" a program that recognizes a herd as low risk for chronic wasting disease if persons managing the herd comply with the voluntary chronic wasting disease surveillance procedures.
Source: SL 1998, ch 250, § 2, effective February 5, 1998; 29 SDR 29, effective September 4, 2002; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 38 SDR 214, effective June 21, 2012; 43 SDR 41, effective September 26, 2016; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.
12:68:25:02. Supervision of the cervidae CWD program. The\r\nstate veterinarian shall provide routine supervision of the cervidae CWD\r\ncontrol program.
\r\n\r\n\r\nSource: SL 1998,\r\nch 250, § 2, effective February 5, 1998.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\n12:68:25:04. Official cervid tests. Official cervid tests\r\nfor CWD are:
\r\n\r\n\r\n(1) Histopathology;
\r\n\r\n(2) Immunohistochemistry;
\r\n\r\n(3) Western blot;
\r\n\r\n(4) Negative stain electron microscopy;
\r\n\r\n(5) Bioassy; and
\r\n\r\n(6) Any other tests performed by an official\r\nlaboratory to confirm a diagnosis of CWD.
\r\n\r\n\r\nSource: SL 1998,\r\nch 250, § 2, effective February 5, 1998.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\n12:68:25:07. Herd plan. The herd owner and the designated\r\nepidemiologist shall develop a plan for eradicating CWD in each affected herd.\r\nThe herd owner may request the participation of a veterinarian in the\r\ndevelopment of the plan. The plan shall be designed to reduce and then\r\neliminate CWD within the herd, to prevent spread of the disease to other herds,\r\nand to prevent reintroduction of CWD after the herd becomes a certified CWD\r\ncervid herd. The herd plan shall be developed and signed within sixty days after\r\nthe determination that the herd is affected.
\r\n\r\n\r\nThe herd plan shall address herd management and adherence\r\nto all provisions of this chapter. The plan shall be formalized as a memorandum\r\nof agreement between the owner and program officials, shall be approved by the\r\nstate veterinarian, and shall include plans to obtain certified CWD cervid\r\nstatus.
\r\n\r\n\r\nSource: SL 1998,\r\nch 250, § 2, effective February 5, 1998.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\n12:68:25:08. Identification and disposal requirements.\r\nAffected and exposed animals shall remain on the premises where they are found\r\nuntil they are identified and disposed of in accordance with direction from the\r\nstate veterinarian.
\r\n\r\n\r\nSource: SL 1998,\r\nch 250, § 2, effective February 5, 1998.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\n12:68:25:09. Cleaning and disinfecting. Premises shall be\r\ncleaned and disinfected under state or federal supervision within fifteen days\r\nafter affected animals have been removed.
\r\n\r\n\r\nSource: SL 1998,\r\nch 250, § 2, effective February 5, 1998.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\n12:68:25:11. Recertification of certified CWD cervid herds.\r\nA herd is certified for twelve months. For continuous certification, adherence\r\nto the provisions in this chapter and all other state laws and rules pertaining\r\nto raising cervids is required. A herd's certification status is immediately\r\nterminated and a herd investigation shall be initiated if CWD affected or\r\nexposed animals are determined to be from the herd.
\r\n\r\n\r\nSource: SL 1998,\r\nch 250, § 2, effective February 5, 1998.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\n12:68:25:12. Movement into a certified CWD cervid herd.\r\nAnimals originating from certified CWD cervid herds may move into another\r\ncertified CWD cervid herd. Animals originating from herds not certified CWD\r\ncervid herds for movement into certified CWD cervid herds may not be certified\r\nuntil they remain in the certified CWD cervid herd for five years. Animals\r\noriginating from CWD monitored herds cannot be certified until the combination\r\nof the CWD monitored status and the years present in the certified CWD herd\r\ntotals five years.
\r\n\r\n\r\nSource: SL 1998,\r\nch 250, § 2, effective February 5, 1998.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\n12:68:25:14. Recognition of monitored CWD cervid herds.\r\nThe state veterinarian shall issue a monitored CWD cervid herd certificate\r\nindicating CWD monitored herd status as CWD monitored one, or CWD monitored\r\ntwo, or CWD monitored three, or CWD monitored four; according to the number of\r\nyears the herd has qualified for such status.
\r\n\r\n\r\nSource: SL 1998,\r\nch 250, § 2, effective February 5, 1998.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\n12:68:25:15. Recognition of certified CWD cervid herds.\r\nThe state veterinarian shall issue a certified CWD cervid herd certificate when\r\nthe herd first qualifies. For recertification, the state veterinarian shall\r\nissue a renewal form annually.
\r\n\r\n\r\nSource: SL 1998,\r\nch 250, § 2, effective February 5, 1998.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\n12:68:25:16. Intrastate\r\nmovement requirements. All intrastate movements of cervidae other than to a\r\nstate or federally inspected slaughter establishment must be accompanied by an\r\nintrastate movement certificate of veterinary inspection signed by a licensed,\r\naccredited veterinarian. The intrastate movement certificate of veterinary\r\ninspection must include the following:
\r\n\r\n\r\n\r\n
(1) Consignor's\r\nname, address, and animal industry board issued permit number;
\r\n\r\n(2) Consignee's\r\nname, address, and animal industry board issued permit number; and
\r\n\r\n(3) The\r\npermit number to ship requested by the veterinarian signing the certificate of\r\nveterinary inspection and issued by the state veterinarian before movement and\r\none of the following statements:
\r\n\r\n\r\n\r\n
(a) "All\r\ncervidae identified on this certificate of veterinary inspection are offspring\r\nfrom or originate from a herd in which all cervidae have been kept for at least\r\none year or into which they were born. There has been no exposure to or\r\nadditions from any other source in the past year. There have been no diagnosis,\r\nsigns, or epidemiologic evidence of CWD in this herd for the past year. Records\r\nand causes of death for the past year in this herd of origin are available to\r\nthe state veterinarian;" or
\r\n\r\n\r\n\r\n
(b) "All\r\ncervidae identified on this certificate of veterinary inspection originate from\r\na herd with the stated monitored status"; or
\r\n\r\n\r\n\r\n
(c) "All\r\ncervidae identified on this certificate of veterinary inspection originate from\r\na certified CWD cervid herd."
\r\n\r\n\r\n\r\n
Source: SL 1998,\r\nch 250, § 2, effective February 5, 1998; 38 SDR 214, effective June 21,\r\n2012; 43 SDR 41, effective September 26, 2016.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\n\r\n
12:68:25:17. Import\r\nrequirements. All cervidae entering South Dakota must be accompanied by a\r\ncertificate of veterinary inspection and an entry permit number requested by\r\nthe licensed, accredited veterinarian signing the certificate of veterinary\r\ninspection and issued by the state veterinarian before movement. One of the\r\nfollowing statements must appear on the certificate of veterinary inspection:
\r\n\r\n\r\n\r\n
(1) "All\r\ncervidae identified on this certificate of veterinary inspection originate from\r\na herd in which all cervidae have been kept for at least three years or into\r\nwhich they were born. There have been no exposure to or additions from any\r\nother source in the past three years. There have been no diagnosis, signs, or\r\nepidemiologic evidence of CWD in this herd for the past three years. Records\r\nand causes of death for the past three years in this herd of origin are\r\navailable to the animal health official of the state of origin"; or
\r\n\r\n\r\n\r\n
(2) "All\r\ncervidae identified on this certificate of veterinary inspection originate from\r\na herd which has been determined to have the stated monitored status by the\r\nanimal health official of the State of South Dakota"; or
\r\n\r\n\r\n\r\n
(3) "All\r\ncervidae identified on this certificate of veterinary inspection originate from\r\na herd which has been determined to have certified CWD cervid herd status by\r\nthe animal health official of the State of South Dakota."
\r\n\r\n\r\n\r\n
All certificates of\r\nveterinary inspection also must have the following statement with the signature\r\nof the cervid owner attesting validity. "No animal has ever originated\r\nfrom, or been a member of a herd, where CWD has been diagnosed, or been a\r\nmember of a CWD traceback or traceforward herd in the past five years."
\r\n\r\n\r\n\r\n
Source: SL 1998,\r\nch 250, § 2, effective February 5, 1998; 29 SDR 29, effective September 4,\r\n2002; 34 SDR 100, effective October 22, 2007; 38 SDR 214, effective June 21,\r\n2012; 43 SDR 41, effective September 26, 2016.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\n\r\n
12:68:25:18. CWD control in free roaming cervids. The\r\nAnimal Industry Board in consultation with the Department of Game, Fish and\r\nParks shall adopt a memorandum of understanding concerning the surveillance and\r\ncontrol of CWD in free roaming wildlife in the state.
\r\n\r\n\r\nSource: SL 1998,\r\nch 250, § 2, effective February 5, 1998.
\r\n\r\nGeneral Authority:\r\nSDCL 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-5-8.6.
\r\n\r\n\r\nCHAPTER 12:68:26
\r\n\r\n\r\n\r\n
JOHNE'S DISEASE CONTROL
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:26:01 Definitions.
\r\n\r\n12:68:26:02 Methods\r\nof Johne's disease control.
\r\n\r\n12:68:26:03 Testing.
\r\n\r\n12:68:26:04 Herd\r\nstatus.
\r\n\r\n12:68:26:05 Repealed.
\r\n\r\n\r\n\r\n12:68:26:01. Definitions.\r\nTerms used in this chapter mean:
\r\n\r\n\r\n\r\n
(1) "Herd,"\r\nall cattle under common ownership or supervision that are grouped on one or\r\nmore parts of any single premises (lot, farm, ranch); or all cattle on two or\r\nmore premises geographically separated but on which cattle have been\r\ninterchanged or where there has been contact between the premises. Contact of\r\nanimals between separated premises under common management is assumed to have\r\noccurred unless otherwise established by the herd owner or manager;
\r\n\r\n\r\n\r\n
(2) "Johne's\r\ndisease," an infectious bacterial disease of ruminants caused by Mycobacterium\r\navium subspecies paratuberculosis;
\r\n\r\n\r\n\r\n
(3) "Johne's\r\ndisease herd management plan and risk assessment," a written plan for a\r\nherd that addresses herd history, risks of introducing or spreading Johne's\r\ndisease, methods of managing risks, diagnostic strategies, goals and objectives\r\nfor controlling or eliminating Johne's disease, and monitoring the success of\r\ncontrolling or eliminating Johne's disease from the herd;
\r\n\r\n\r\n\r\n
(4) "M.\r\navium paratuberculosis-detection test," any test sufficiently\r\nsensitive and specific for detection of M. paratuberculosis in a bovine\r\nfecal sample;
\r\n\r\n\r\n\r\n
(5) "Program,"\r\nmethods outlined in "Uniform Program Standards for the Voluntary Bovine\r\nJohne's Disease Control Program," USDA, APHIS, September 1, 2010;
\r\n\r\n\r\n\r\n
(6) "Serum\r\nantibody test," any test sufficiently sensitive and specific for detection\r\nof antibodies to M. avium paratuberculosis in bovine serum;
\r\n\r\n\r\n\r\n
(7) "Sufficiently\r\nsensitive and specific," will be on the basis of results of performance of\r\na check test and proficiency standards set by the program.
\r\n\r\n\r\n\r\n
Source: 27 SDR\r\n96, effective April 1, 2001; 29 SDR 152, effective May 21, 2003; 34 SDR 100,\r\neffective October 22, 2007; 44 SDR 47, effective September 18, 2017.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-9, 40-3-14, 40-5-8.6.
\r\n\r\n\r\n\r\n
Reference:\r\n"Uniform Program Standards for the Voluntary Bovine Johne's Disease\r\nControl Program" APHIS 91-45-016, September 1, 2010, published by Animal\r\nand Plant Health Inspection Service, U.S. Department of Agriculture. Copies may\r\nbe obtained at no charge from the South Dakota Animal Industry Board, 411 S.\r\nFort Street, Pierre, South Dakota 57501.
\r\n\r\n\r\n\r\n
12:68:26:02. Methods\r\nof Johne's disease control. In carrying out Johne's disease control\r\nactivities in South Dakota the board shall employ methods outlined in\r\n"Uniform Program Standards for the Voluntary Bovine Johne's Disease\r\nControl Program," USDA, APHIS, September 1, 2010.
\r\n\r\n\r\n\r\n
Source: 27 SDR\r\n96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 44 SDR 47,\r\neffective September 18, 2017.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-9, 40-3-14, 40-5-8.6.
\r\n\r\n\r\n\r\n
References:\r\n"Uniform Program Standards for the Voluntary Bovine Johne's Disease\r\nControl Program," APHIS 91-45-016, September 1, 2010, published by Animal\r\nand Plant Health Inspection Service, U.S. Department of Agriculture. Copies may\r\nbe obtained at no charge from the South Dakota Animal Industry Board, 411 S.\r\nFort Street, Pierre, South Dakota 57501.
\r\n\r\n\r\n\r\n
12:68:26:03. Testing. Herd owners may voluntarily contact\r\nthe board and request assistance for costs associated with testing for Johne's disease. The board may, to the extent funding is\r\nauthorized, provide assistance for costs associated with the testing if the\r\nherd owner signs and complies with a Johne's disease\r\nherd management plan and risk assessment for the herd as approved by the state\r\nveterinarian.
\r\n\r\n\r\nSource: 27 SDR\r\n96, effective April 1, 2001; 29 SDR 152, effective May 21, 2003.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-9, 40-3-14, 40-5-8.6.
\r\n\r\n\r\n12:68:26:04. Herd\r\nstatus. Herd owners may apply to the board for voluntary herd status classification\r\nas described in "Uniform Program Standards for the Voluntary Bovine\r\nJohne's Disease Control Program," USDA, APHIS, September 1, 2010. The\r\nboard may assign and certify the status applied for by the herd owner if the\r\nconditions for such status as described in the reference have been met.
\r\n\r\n\r\n\r\n
Source: 27 SDR\r\n96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 44 SDR 47,\r\neffective September 18, 2017.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-9, 40-3-14, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-9, 40-3-14, 40-5-8.6.
\r\n\r\n\r\n\r\n
Reference:\r\n"Uniform Program Standards for the Voluntary Bovine Johne's Disease\r\nControl Program" APHIS 91-45-016, September 1, 2010, published by Animal\r\nand Plant Health Inspection Service, U.S. Department of Agriculture. Copies may\r\nbe obtained at no charge from the South Dakota Animal Industry Board, 411 S.\r\nFort Street, Pierre, South Dakota 57501.
\r\n\r\n\r\n\r\n
12:68:26:05. Assistance\r\nwith testing, herd management plan, and risk assessment. Repealed.
\r\n\r\n\r\n\r\n
Source: 27 SDR\r\n96, effective April 1, 2001; 29 SDR 152, effective May 21, 2003; 34 SDR 100,\r\neffective October 22, 2007; 44 SDR 47, effective September 18, 2017.
\r\n\r\n\r\n\r\n
CHAPTER 12:68:27
\r\n\r\n\r\n\r\n
TRICHOMONIASIS CONTROL
\r\n\r\n\r\n\r\nSection
\r\n\r\n12:68:27:01 Importation\r\nrequirements for bulls.
\r\n\r\n12:68:27:02 Exemptions\r\nto the importation requirements of § 12:68:27:01.
\r\n\r\n12:68:27:03 Intrastate\r\ntrichomoniasis testing requirements for bulls.
\r\n\r\n12:68:27:04 Trichomoniasis\r\ncontrol requirements for females.
\r\n\r\n\r\n\r\n12:68:27:01. Importation\r\nrequirements for bulls. Any bull entering South Dakota must meet the\r\nfollowing import requirements for trichomoniasis control:
\r\n\r\n\r\n\r\n
(1) The bull\r\nmust be accompanied by a certificate of veterinary inspection as defined in\r\nSDCL 40-14-2; and
\r\n\r\n\r\n\r\n
(2) The\r\nfollowing statement must be on the certificate of veterinary inspection:\r\n"The bull(s) identified on this certificate of veterinary inspection have\r\nbeen tested and found to be negative for trichomoniasis by testing conducted by\r\na laboratory accredited by the American Association of Veterinary Laboratory\r\nDiagnosticians." The testing must be by methods approved by the board and\r\nmay be by isolation of the organism or polymerase chain reaction (PCR).
\r\n\r\n\r\n\r\n
Source: 31 SDR\r\n191, effective June 6, 2005; 34 SDR 100, effective October 22, 2007; 43 SDR 41,\r\neffective September 26, 2016.
\r\n\r\nGeneral Authority:\r\nSDCL 40-3-14, 40-5-8.6.
\r\n\r\nLaw Implemented:\r\nSDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.
\r\n\r\n\r\n\r\n
CHAPTER 12:68:28
SCRAPIE CONTROL
Section
12:68:28:01 Definitions.
12:68:28:02 State declared scrapie control and eradication area.
12:68:28:03 Evidence of scrapie found at slaughter.
12:68:28:04 Transferred.
12:68:28:05 Disposition of sheep and goats with, or at risk of, scrapie.
12:68:28:01. Definitions. Terms used in this chapter mean:
(1) \"Flock,\" all sheep and goats on a premises or multiple premises with movement or exposure of sheep and goats between premises;
(2) \"Scrapie,\" a nonfebrile, transmissible, and insidious degenerative disease affecting the central nervous system of sheep or goats; and
(3) \"Scrapie eradication program,\" the cooperative state-federal program administered by United States Department of Agriculture, Animal and Plant Health Inspection Service, and consistent states, to control and eradicate scrapie, as defined in 9 C.F.R. Part 79 (January 1, 2025);
Source: 31 SDR 191, effective June 6, 2005; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-5-8, 40-5-8.2.
12:68:28:02. State declared scrapie control and eradication area. This state is a scrapie control and eradication area and shall implement measures to control and eradicate scrapie consistent with the Scrapie Program Standards Volume 1: National Scrapie Eradication Program and the scrapie eradication program described in 9 C.F.R. Part 79 (January 1, 2025). Sheep producers and any individuals involved in buying, selling, or transporting sheep shall adhere to identification, testing, surveillance, and quarantine requirements to maintain consistent state status, as described in the Scrapie Program Standards Volume 1: National Scrapie Eradication Program.
Source: 31 SDR 191, effective June 6, 2005; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2.
Reference: Scrapie Program Standards Volume 1: National Scrapie Eradication Program APHIS 91-55-079, effective April 25, 2019, Animal and Plant Health Inspection Service, United States Department of Agriculture. Copies may be obtained at no charge from the South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501.
12:68:28:03. Evidence of scrapie found at slaughter. As directed by the state veterinarian and consistent with the Scrapie Program Standards Volume 1: National Scrapie Eradication Program, the owner or agister of any flock of origin associated with sheep and goats showing evidence of scrapie at slaughter shall submit the flock for testing for scrapie within six months from notice to do so by the state veterinarian.
Source: 31 SDR 191, effective June 6, 2005; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.
Reference: Scrapie Program Standards Volume 1: National Scrapie Eradication Program APHIS 91-55-079 Effective April 25, 2019. Copies may be obtained at no charge from the South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501.
12:68:28:04. Transferred to § 12:68:29:11.
\r\n\r\n12:68:28:05. Disposition of sheep and goats with, or at risk of, scrapie. Sheep and goats determined to be infected with scrapie or at risk of scrapie infection may be disposed of only by one of the following methods:
(1) Burning;
(2) Burying;
(3) Alkaline digestion; or
(4) As otherwise prescribed by the state veterinarian.
Source: 31 SDR 191, effective June 6, 2005; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.
CHAPTER 12:68:29
LIVESTOCK IDENTIFICATION
12:68:29:01 Removal of official identification.
12:68:29:02 Individual identification of animals tested for tuberculosis and brucellosis.
12:68:29:03 Confidentiality of records.
12:68:29:04 Obligation to identify owner or producer of swine.
12:68:29:05 Obligation to identify sows or boars.
12:68:29:06 Maintenance of swine records.
12:68:29:07 Identification records for animals in channels of trade.
12:68:29:08 Identification of recreational cattle.
12:68:29:09 Identification of breeding cattle and bison in intrastate commerce.
12:68:29:10 Identification of rams tested for B. ovis.
12:68:29:11 Scrapie control identification requirements for sheep and goats.
\r\n\r\n
Source:\r\n29 SDR 152, effective May 21, 2003; 37 SDR 47, effective September 20, 2010
General\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-5-8.
\r\n\r\n\r\n\r\n
12:68:29:02. Individual identification of animals tested for tuberculosis and brucellosis. Each animal tested must be officially identified, as defined in 9 C.F.R. § 86.1 (January 1, 2025).
Source: SL 1975, ch 15, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,
effective September 23, 1991; transferred from § 12:68:04:30, 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-3-27.
\r\n\r\n
Source:\r\n45
General\r\nAuthority: SDCL 40-3-29.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-29, 40-3-27.
\r\n\r\n\r\n\r\n
\r\n\r\n
Source:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,
\r\n\r\neffective\r\nSeptember 23, 1991;\r\ntransferred from § 12:68:10:01, 45 SDR 82, effective December 11, 2018
General\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8.
\r\n\r\n\r\n\r\n
12:68:29:05. Obligation to identify sows or boars. Each agent or agency livestock dealer, livestock market operator, stockyard operator, commission company, buying station, operator of any concentration point at which the herd of origin of swine might be lost, and each slaughtering establishment that maintains a meat inspection service or receives sows or boars from a transport agent shall identify the sows or boars brought to it, unless the swine have been previously identified with identification authorized and applied as directed by the board, in accordance with 9 C.F.R. § 78.33 (January 1, 2025). Failure of a previous agent or agency receiving the swine to identify the swine to the herd of origin does not relieve other agents or agencies from identifying them to the herd of origin.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; transferred from § 12:68:10:02, 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.
\r\n\r\n
Source:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,
General\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14, 40-5-8.
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
Source:\r\nSL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,
General\r\nAuthority: SDCL 40-3-14.
\r\n\r\nLaw\r\nImplemented: SDCL 40-3-14.
\r\n\r\n\r\n\r\n
Cross-Reference:\r\nState Brand Board, SDCL 40-18.
\r\n\r\n\r\n\r\n
12:68:29:08. Identification of recreational cattle. All cattle imported to this state for recreational purposes, including rodeo, roping, cattle cutting, cattle penning, and steer wrestling events, as well as training for these events, must be officially identified by means defined in 9 C.F.R. § 86.1 (January 1, 2025).
Source: 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; transferred from § 12:68:04:37, 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-5-8.
12:68:29:09. Identification of breeding cattle and bison in intrastate commerce. All cattle or bison that are transacted for breeding purposes and are eighteen months of age and over, must have their official identification recorded when a change of ownership occurs. The official identification must be by official eartag, as defined in 9 C.F.R. § 86.1 (January l, 2025), or by individual animal registration tattoos if the cattle or bison are registered by breed associations recognized by United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services. Records of identification must be submitted to the board by a licensed and accredited veterinarian on forms provided by the board.
Source: 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; transferred from § 12:68:05:02.02, 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.
\r\n\r\n
Source:\r\n14 SDR 116, effective March 13, 1988; 18 SDR 55, effective September 23, 1991
General\r\nAuthority: SDCL40-3-14, 49-5-5.1.
\r\n\r\nLaw\r\nImplemented: SDCL 40-5-5.1.
\r\n\r\n\r\n\r\n
12:68:29:11. Scrapie control identification requirements for sheep and goats. Sheep and goats required to be identified in 9 C.F.R. Part 79 (January 1, 2025) must be officially identified, as defined in 9 C.F.R. § 79.1 (January 1, 2025). The following are required to be identified before being moved from a premises:
(1) Breeding sheep and goats intended for use for reproduction;
(2) Sheep and goats for exhibition;
(3) Sheep and goats over eighteen months of age;
(4) Sheep and goats exposed to scrapie or at risk of being infected with scrapie as determined by the state veterinarian;
(5) Sheep and goats determined to be positive for scrapie or suspected of having scrapie by test methods described in the Scrapie Program Standards Volume 1: National Scrapie Eradication Program; and
(6) Sheep and goats from flocks not in compliance with the scrapie eradication program.
Source: 31 SDR 191, effective June 6, 2005; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; transferred from § 12:68:28:04, 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 53 SDR 34, effective September 30, 2026.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.
Reference: Scrapie Program Standards Volume 1: National Scrapie Eradication Program APHIS 91-55-079, effective April 25, 2019, Animal and Plant Health Inspection Service, United States Department of Agriculture. Copies may be obtained at no charge from the South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501.