TITLE 40
ANIMALS AND LIVESTOCK
Chapter
01 Cruelty Abuse And Injury To Animals
02 Humane Societies
03 State Animal Industry Board
04 Control Of Insects Affecting Livestock Repealed
05 Control Of Contagious Diseases And Parasites In Livestock
06 Bovine Tuberculosis Control Repealed
07 Brucellosis And Contagious Abortion Repealed
08 Scabies And Mange Control Repealed
09 Hog Cholera Control Repealed
09A Pseudorabies Control Repealed
10 Vesicular Exanthema Control Repealed
11 Glanders And Dourine Control Repealed
12 Rabies Control
13 Livestock Disease Indemnity Fund Repealed
13A Nondomestic Animal Indemnities Repealed
14 Importation Of Livestock
15 Livestock Auction Agencies
15A Livestock Dealers Packers And Packer Buyers
15B Livestock Packer Transactions
16 Feeder Pig Dealers And Importation Of Swine Repealed
17 Rendering And Pet Food Processing Plants
18 State Brand Board
19 Brand Registration And Use
20 Livestock Ownership Inspection Area
21 Brand Inspection And Theft Prevention
22 Hide Inspections
23 Cooperative Grazing Districts
24 Use Of Open Range Repealed
25 Livestock Registry Associations
26 Stallions And Jacks Repealed
27 Liens On Livestock
28 Damage By Animals Trespassing Or Running At Large
29 Estrays
30 Township Pounds Repealed
31 American Dairy Association Of South Dakota
32 Milk Plants Producers And Distributors
33 Dealers In Poultry Eggs And Dairy Products
34 Dog Licenses And Regulation
35 Domesticated Fur Bearing Animals
36 Predatory Animal And Reptile Control
37 Predator Control Districts
38 Protection Of Animal Facilities
CHAPTER 40-1
CRUELTY, ABUSE AND INJURY TO ANIMALS
40-1-1 Definition of terms.
40-1-2 40-1-2, 40-1-2.1. Repealed by SL 1991, ch 331, §§ 10, 11
40-1-2.2 40-1-2.2. Repealed by SL 2014, ch 194, § 2.
40-1-2.3 Neglect, abandonment, or mistreatment of animal--Exception--Penalty.
40-1-2.4 Cruelty to animals--Felony.
40-1-2.5 40-1-2.5, 40-1-2.6. Repealed by SL 2014, ch 194, §§ 5, 6.
40-1-3 40-1-3, 40-1-4. Repealed by SL 1977, ch 190, §§ 442, 443
40-1-5 Impoundment of neglected, abandoned, mistreated, or cruelly treated animal--Expenses of care as lien--Warrant or court order.
40-1-5.1 Liability of owner or caretaker for impounded animal.
40-1-6 40-1-6, 40-1-7. Repealed by SL 1991, ch 331, §§ 12, 13
40-1-8 40-1-8. Repealed by SL 1977, ch 190, § 445
40-1-9 40-1-9, 40-1-10. Repealed by SL 2014, ch 194, §§ 8, 9.
40-1-10.1 Animal fighting exhibitions or for amusement or gain prohibited--Felony or misdemeanor.
40-1-11 Entry by officer of place where animal fight conducted--Arrest of persons present.
40-1-11.1 Seizure of fighting animals and related paraphernalia--Disposition.
40-1-12 Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violation as misdemeanor.
40-1-13 Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor.
40-1-14 Corporate responsibility for knowledge and acts of agents.
40-1-15 40-1-15. Repealed by SL 1991, ch 186, § 9
40-1-16 Regulated scientific experiments permitted--Inspection.
40-1-17 Exemptions from chapters 40-1 and 40-2.
40-1-18 40-1-18, 40-1-19. Repealed by SL 1977, ch 190, §§ 450, 451
40-1-20 Intentionally poisoning animal of another--Misdemeanor--Exceptions.
40-1-21 Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted.
40-1-22 40-1-22. Repealed by SL 1991, ch 331, § 33
40-1-23 Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor.
40-1-24 Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized.
40-1-25 Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules.
40-1-26 40-1-26, 40-1-27. Repealed by SL 2014, ch 194, §§ 19, 20.
40-1-28 Inspection of premises authorized.
40-1-29 Investigation procedure.
40-1-30 Records of complaints--Public inspection.
40-1-31 Liability of officer or agent.
40-1-32 Liability of parent or guardian for violation by minor.
40-1-33 40-1-33. Repealed by SL 2014, ch 194, § 21.
40-1-34 Disposition of impounded animals.
40-1-35 Contract to enforce livestock provisions.
40-1-36 Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal.
40-1-37 Use of weapons or tranquilizing agents to control dangerous animals.
40-1-38 Harassment of service animal accompanying disabled person prohibited.
40-1-39 Rebuttable presumption of maliciousness.
40-1-40 Harassment defined--Malicious act defined.
40-1-1. Definition of terms.
Terms used in chapters 40-1 and 40-2, mean:
(1) "Abandon," to give up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party;
(2) "Animal," any mammal, bird, reptile, amphibian, or fish, except humans;
(3) "Board," the South Dakota Animal Industry Board;
(4) "Cruelty," to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal;
(5) "Dangerous animal," any animal that, by itself or by environmental circumstances, at the determination of the board, any agent or officer of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans;
(6) "Humane killing," to cause the death of an animal in a manner to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;
(7) "Impound," to take physical control and custody of an animal;
(8) "Livestock," any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets;
(9) "Mistreat," to cause or permit the continuation of unjustifiable physical pain or suffering of an animal;
(10) "Neglect," to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal;
(11) "Proper enclosure," a secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human.
Source: SDC 1939, § 40.2201; SL 1991, ch 331, § 1; SL 2014, ch 194, § 1.
40-1-2.3. Neglect, abandonment, or mistreatment of animal--Exception--Penalty.
No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal, except that any person may abandon a feral cat for which the person assumed responsibility with the sole purpose of spaying or neutering the cat. A violation of this section is a Class 1 misdemeanor.
Source: SL 1991, ch 331, § 3; SL 2014, ch 194, § 3; SL 2024, ch 169, § 1.
40-1-2.4. Cruelty to animals--Felony.
No person may subject an animal to cruelty. A violation of this section is a Class 6 felony.
Source: SL 1991, ch 331, § 4; SL 2014, ch 194, § 4.
40-1-5. Impoundment of neglected, abandoned, mistreated, or cruelly treated animal--Expenses of care as lien--Warrant or court order.
Any law enforcement officer, agent of the board, or agent or officer of any humane society finding an animal neglected, abandoned, mistreated, or subjected to cruelty, may, pursuant to a warrant or court order, cause the animal to be impounded and properly cared for, and the expenses of such impoundment or care constitute a lien on the animal to be paid before the animal may be lawfully recovered. However, a warrant or court order is not necessary for law enforcement officers if the animal is severely injured, severely diseased, or suffering and any delay in impounding the animal would continue to cause the animal extreme suffering or if other exigent circumstances exist. If any animal is impounded or subjected to other action under this section without a warrant or court order, the officer shall subsequently show cause for the impoundment or other action to the court, and the court shall issue an order ratifying the impoundment or action; or, if sufficient cause for the impoundment or action is not shown, the court shall order the return of the animal to the owner or other appropriate remedy.
Source: SDC 1939, § 40.2202; SL 1991, ch 331, § 15; SL 2006, ch 211, § 8; SL 2014, ch 194, § 7.
40-1-5.1. Liability of owner or caretaker for impounded animal.
The owner or caretaker of an animal impounded or cared for pursuant to § 40-1-5 is liable for the expense of services rendered. The governing body of the county or municipality that has rendered such services may recover such sums for services pursuant to § 40-1-5 as it deems reasonable. The payment shall be on vouchers, as other claims against the county or municipality are paid. Expenses may be recovered in a civil action against the owner unless the expenses are paid within thirty days after notice and demand.
Source: SL 1991, ch 331, § 16.
40-1-10.1. Animal fighting exhibitions or for amusement or gain prohibited--Felony or misdemeanor.
No person may:
(1) Own, possess, keep, or train any animal with the intent to engage the animal in an exhibition of fighting with another animal;
(2) For amusement or gain cause any animal to fight with another animal or cause any animal to injure another animal; or
(3) Permit the activity prohibited by this section to be done on any premises under the person's charge or control, or aid, or abet any activity prohibited by this section.
A violation of this section is a Class 6 felony.
It is a Class 1 misdemeanor to be present at any violation of subdivision (2) of this section as a spectator.
Source: SL 1985, ch 317, § 1; SL 1991, ch 331, § 23; SL 2014, ch 194, § 10.
40-1-11. Entry by officer of place where animal fight conducted--Arrest of persons present.
Any law enforcement officer may enter any place where there is any sport or exhibition of the fighting of animals or where preparations are being made for such sport or exhibition, and without a warrant arrest any person there present.
Source: SDC 1939, § 40.2210; SL 1991, ch 331, § 24; SL 2014, ch 194, § 11.
40-1-11.1. Seizure of fighting animals and related paraphernalia--Disposition.
Any law enforcement officer making an arrest for a violation of § 40-1-10.1 shall take possession of all animals and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of § 40-1-10.1. The provisions of chapters 23A-35 and 23A-37 apply to the search and seizure of violations of § 40-1-10.1 and apply to the disposition of seized paraphernalia, implements, or other property or things used or employed, or about to be employed, in violation of § 40-1-10.1. For the purposes of this section, animals seized pursuant to a violation of § 40-1-10.1 are contraband and property of an illegal nature and may be destroyed pursuant to § 23A-37-9.
Source: SL 1985, ch 317, § 2; SL 2014, ch 194, § 12.
40-1-12. Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violation as misdemeanor.
No person may keep any animal which is injured or diseased, past recovery, or unfit for any useful purpose and in suffering, or intentionally abandon to die any sick or disabled animal. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, § 40.2206; SL 1977, ch 190, § 448; SL 1991, ch 186, § 7; SL 1991, ch 331, § 27.
40-1-13. Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor.
Any animal injured or diseased past recovery shall be euthanized within twelve hours in a manner prescribed in rule by the board, by the owner or person in possession of the animal, after having been notified by any law enforcement officer, any agent or officer of any humane society, or any agent of the board to euthanize the animal. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, § 40.2206; SL 1991, ch 186, § 8; SL 1991, ch 331, §§ 25, 27; SL 2014, ch 194, § 13.
40-1-14. Corporate responsibility for knowledge and acts of agents.
For the purposes of §§ 40-1-1 to 40-1-17, inclusive, knowledge and acts of agents of, and persons employed by, any corporation in regard to animals transported, owned, or employed by or in custody of such corporation, shall be held to be the knowledge and acts of such corporation as well as such agents or employees.
Source: SDC 1939, § 40.2201 (4).
40-1-16. Regulated scientific experiments permitted--Inspection.
Nothing in this chapter may be construed to interfere with any properly conducted scientific experiments or investigations performed by personnel following guidelines, regulations, or requirements established by the United States Department of Agriculture and the United States Department of Health and Human Services. Any experiments or scientific investigation and facilities used under this section shall be open to inspection by the board.
Source: SDC 1939, § 40.2211; SL 1991, ch 331, § 28; SL 2014, ch 194, § 14.
40-1-17. Exemptions from chapters 40-1 and 40-2.
Nothing in this chapter or chapter 40-2 may be construed to interfere with an animal under the direct and proper care of a licensed veterinarian or with persons engaged in standard and accepted agricultural pursuits or animal husbandry practices.
In addition, the following are exempt from the provisions of this chapter and chapter 40-2:
(1) Any usual and customary practice;
(a) In the production of food, feed, or fiber, including all aspects of the livestock industry;
(b) In the boarding, breeding, competition, exhibition, feeding, raising, service work, showing, training, transportation, and use of animals; or
(c) In the harvesting of animals for food or byproducts;
(2) Any humane killing of an animal;
(3) Any lawful hunting, trapping, fishing, or other activity authorized by the South Dakota Department of Game, Fish and Parks;
(4) Any lawful pest, vermin, predator, and animal damage control, including the disposition of wild animals;
(5) Any reasonable action taken by a person for the destruction or control of an animal known to be dangerous, a threat, or injurious to life, limb, or property; and
(6) Any actions taken by personnel or agents of the board, the Department of Agriculture and Natural Resources, Department of Game, Fish and Parks, or the United States Department of Agriculture in the performance of duties as prescribed by law.
Source: SDC 1939, § 40.2211; SL 1991, ch 331, § 30; SL 2014, ch 194, § 15; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-1-20. Intentionally poisoning animal of another--Misdemeanor--Exceptions.
Except as specifically provided for in this chapter, no person may intentionally administer poison to any animal that belongs to another, nor intentionally expose any poisonous substance so that it may be taken by an animal which belongs to another. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prevent animal control activities conducted by municipalities or counties.
Source: SDC 1939, § 13.1428; SL 1977, ch 190, § 452; SL 1991, ch 331, § 31; SL 2014, ch 194, § 16.
40-1-21. Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted.
No person may intentionally kill any animal of any age or value, the property of another, nor intentionally injure or mistreat any such animal. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prohibit euthanasia conducted by the municipality or under a municipality's animal control activities. This section may not be construed to prohibit activities conducted under chapter 40-34.
Source: SDC 1939, § 13.1426; SL 1977, ch 190, § 453; SL 1991, ch 331, § 32; SL 2014, ch 194, § 17.
40-1-23. Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor.
The owner or caretaker of a potentially dangerous animal shall keep such animal in a proper enclosure. If a potentially dangerous animal is not in a proper enclosure, it shall be directly accompanied by its owner or caretaker and confined or restrained in such a manner that, after investigation by the board, any peace officer, or any officer or agent of a humane society, it is not a dangerous animal. The ownership or possession of a dangerous animal in violation of this section is a Class 1 misdemeanor.
Source: SL 1991, ch 331, § 7.
40-1-24. Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized.
Any peace officer, officer or agent of a humane society, or agent of the board may use all necessary means to control a dangerous animal so as not to immediately jeopardize the health or safety of themselves or others. Any officer or agent of a humane society, agent of the board, or peace officer may enter, search, and investigate premises, take testimony from owner and witnesses and seize, impound, or euthanize a dangerous animal.
Source: SL 1991, ch 331, § 8.
40-1-25. Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules.
The board shall administer and enforce the provisions of this chapter concerning cattle, horses, sheep, swine, and other livestock. In addition, the board may address situations involving dangerous animals, including nonlivestock animals, under the provisions of §§ 40-1-23 and 40-1-24. The board may issue orders for the execution of the powers conferred upon it by this chapter. The board may promulgate rules, pursuant to chapter 1-26, which may address cattle, horses, sheep, swine, and other livestock and dangerous animals, and which shall include:
(1) Procedures for filing complaints;
(2) Reasons for and methods of euthanizing animals;
(3) Specific standards and accepted food, water, protection from the elements, sanitation facilities, and care;
(4) Procedures and methods for impoundment;
(5) Methods for transferring ownership of impounded animals;
(6) Methods of investigating reported inhumane treatment;
(7) Methods for contracting with law enforcement officers, humane societies, or others to serve as agents for the board;
(8) Methods for certifying the proper training for agents of the board;
(9) Procedures and criteria for the euthanasia of animals pursuant to § 40-1-13; and
(10) Procedures for dealing with dangerous animals.
Source: SL 1991, ch 331, § 9; SL 1993, ch 306; SL 2014, ch 194, § 18.
40-1-28. Inspection of premises authorized.
The board, any peace officer, or any agent or officer of a humane society may enter and inspect any premises necessary to carry out the provisions of this chapter.
Source: SL 1991, ch 331, § 17.
40-1-29. Investigation procedure.
The board, any peace officer, or any agent or officer of a humane society may administer oaths, take statements, access memoranda, papers, and other documents, articles, and instruments, and may compel the disclosure by witnesses of all facts known to them relative to the matters under investigation pursuant to § 40-1-28.
Source: SL 1991, ch 331, § 18.
40-1-30. Records of complaints--Public inspection.
Complaints of record made to the board, any peace officer, or any agent or officer of a humane society and results of investigations may be closed to public inspection except as provided by court order during investigatory and administrative process.
Source: SL 1991, ch 331, § 19.
40-1-31. Liability of officer or agent.
No agent of the board, peace officer, or agent or officer of a humane society may be held liable as a result of reasonable actions taken pursuant to this chapter.
Source: SL 1991, ch 331, § 20.
40-1-32. Liability of parent or guardian for violation by minor.
A parent or guardian is civilly liable for any violation of this chapter committed by a minor in their custody.
Source: SL 1991, ch 331, § 26.
40-1-34. Disposition of impounded animals.
An animal impounded under this chapter shall, within reasonable time at the direction of the board, any agent or officer of a humane society, or any peace officer be disposed of by:
(1) Returning to the owner or caretaker;
(2) Transferring ownership to a humane society as described in chapter 40-2;
(3) Euthanizing;
(4) Sold through public auction;
(5) Transferring ownership to a suitable caretaker or facility as prescribed in rule by the board; or
(6) Any other disposition as determined by the board, any agent or officer of a humane society, or any peace officer in accordance with rules promulgated pursuant to § 40-1-25.
Source: SL 1991, ch 331, § 34.
40-1-35. Contract to enforce livestock provisions.
The board may contract with a humane society incorporated pursuant to chapter 40-2 to enforce the provisions of this chapter concerning cattle, horses, sheep, swine, and other livestock.
Source: SL 1991, ch 331, § 35.
40-1-36. Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal.
No owner or caretaker may leave a dog, cat, or other small animal unattended in a standing or parked vehicle in a manner that endangers the health or safety of such animal. Reasonable force may be used to remove such animal by any peace officer or agent or officer of any humane society. No such person may be held civilly or criminally liable for any damage caused by removing such animal from a vehicle.
Source: SL 1991, ch 331, § 37.
40-1-37. Use of weapons or tranquilizing agents to control dangerous animals.
Any agent of the board, any peace officer, or any agent or officer of a humane society may use weapons, tranquilizing agents, or similar items in controlling dangerous animals, impounding animals, or handling animal problems if such use is in accordance with the provisions of this chapter.
Source: SL 1991, ch 331, § 38.
40-1-38. Harassment of service animal accompanying disabled person prohibited.
No person may maliciously beat, injure, attempt to injure, harass, intimidate, entice, distract, or otherwise interfere with any service animal accompanying a person with a disability if the service animal is being controlled by the person and the service animal is wearing a harness or other control device normally used for service animals accompanying or leading persons with disabilities. A violation of this section is a Class 2 misdemeanor.
Source: SL 1995, ch 234, § 1.
40-1-39. Rebuttable presumption of maliciousness.
In a prosecution for a violation of § 40-1-38, evidence that the defendant initiated or continued conduct as described in § 40-1-38 after being requested to discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal gives rise to a rebuttable presumption that the conduct was initiated or continued maliciously. A conviction and imposition of a sentence under §§ 40-1-38 to 40-1-40, inclusive, does not prevent a conviction and imposition of a sentence under any other applicable provision of law.
Source: SL 1995, ch 234, § 2.
40-1-40. Harassment defined--Malicious act defined.
For purposes of §§ 40-1-38 to 40-1-40, inclusive, harass means to engage in any conduct directed toward a service animal that is likely to impede or interfere with the animal's performance of its duties or that places the person with a disability who is being served or assisted by the animal in danger of injury. For purposes of §§ 40-1-38 to 40-1-40, inclusive, maliciously means actions conducted with the intent to assault, beat, harass, or injure a service animal; actions conducted with the intent to impede or interfere with duties performed by a service animal; actions conducted with the intent to disturb, endanger, or cause emotional distress to a person being served or assisted by a service animal; actions conducted with knowledge that the actions will, or are likely to, harass or injure a service animal; actions conducted with knowledge that the actions will, or are likely to, impede or interfere with duties performed by a service animal; and actions conducted with the knowledge that the actions will, or are likely to, disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal.
Source: SL 1995, ch 234, § 3.
40-2-1
Incorporation of society--Number of incorporators--Authorization by county to
exercise statutory privileges and authority.
40-2-2
Repealed.
40-2-3
Repealed.
40-2-4
Limitation on activities.
40-2-5
Contract for animal control services.
40-2-6
Animal control officers--Appointments--Judicial authorization.
40-2-7
Enforcement by law enforcement officer or animal control officer--Powers.
40-2-8
Animal care and control agency defined.
40-2-9
Animal control officer defined.
40-2-1. Incorporation of society--Number of incorporators--Authorization by county to exercise statutory privileges and authority.
Any three or more citizens of this state organized pursuant to chapter 47-22 as a nonprofit corporation in this state, for the purpose of preventing cruelty to animals, may avail themselves of the privileges of this chapter through an animal control officer subject to the limitations in §§ 40-2-6 and 40-2-7. The board of county commissioners in each county may grant authority to exercise the privileges and authority granted by this section to one or more qualified nonprofit corporations for a period of up to three years based upon ability to fulfill the purposes of this chapter.
Source: SDC 1939, § 40.2203; SL 2006, ch 211, § 1; SL 2014, ch 194, § 22.
40-2-4. Limitation on activities.
Except as provided in chapter 40-1, the activities of any humane society incorporated pursuant to this chapter for the prevention of neglect, abandonment, mistreatment, or cruelty to animals, as provided in chapter 40-1 or this chapter, are limited to animals other than cattle, horses, sheep, swine, and other livestock.
Source: SL 1991, ch 331, § 39; SL 2014, ch 194, § 24.
40-2-5. Contract for animal control services.
Nothing in chapter 40-1 or this chapter may prohibit any county or municipality from contracting with an incorporated society to provide animal control services, to enforce county or municipal ordinances or to enforce the provisions of chapter 40-1 within the jurisdiction of the county or municipality.
Source: SL 1991, ch 331, § 41.
40-2-6. Animal control officers--Appointments--Judicial authorization.
The board of directors of a humane society incorporated pursuant to § 40-2-1 may appoint society members to act as animal control officers. The appointment shall be in writing. The appointment is effective in a particular county only if an appointee obtains written authorization from a circuit court judge having jurisdiction in the county in which the appointee seeks to enforce this chapter or chapter 40-1. To obtain judicial authorization, an appointee seeking judicial authorization shall provide evidence satisfactory to the judge that the appointee has experience, education, or training that has prepared the appointee to assume the powers granted to animal control officers pursuant to § 40-2-7. The board of directors shall review appointments every three years and may revoke an appointment at any time by filing a certified revocation with the circuit court that approved the appointment. Any authorization may not exceed three years or trustee termination, whichever occurs first.
Source: SL 2006, ch 211, § 2.
40-2-7. Enforcement by law enforcement officer or animal control officer--Powers.
Any law enforcement agency may enforce the provisions of this chapter or chapter 40-1. An animal care and control agency may enforce the provisions of this chapter or chapter 40-1 in a county or municipality if the legislative authority of the county or municipality has entered into a contract with the agency to enforce the provisions of this chapter and chapter 40-1. An animal control officer enforcing this chapter or chapter 40-1 shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on a law enforcement officer who enforces this chapter, chapter 40-1, and other criminal laws. An animal control officer has the following enforcement powers when enforcing this chapter:
(1) The power to issue citations based on probable cause to offenders for misdemeanor and felony violations of this chapter or chapter 40-1;
(2) The power to request that a law enforcement officer arrest and take into custody any person the animal control officer has probable cause to believe has committed or is committing a violation of this chapter or chapter 40-1. An animal control officer may make an oral complaint to a prosecuting attorney or a law enforcement officer to initiate an arrest. The animal control officer causing the arrest shall file with the arresting agency a written complaint within twenty-four hours of the arrest, excluding Sundays and legal holidays, stating the alleged act or acts constituting a violation;
(3) The power to carry protective devices, other than firearms, for personal protection;
(4) The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter or chapter 40-1, and to seize evidence of those violations.
Source: SL 2006, ch 211, § 3.
40-2-8. Animal care and control agency defined.
For the purposes of this chapter and chapter 40-1, an animal care and control agency is any municipal or county animal control agency or authority authorized to enforce municipal or county ordinances regulating the care, control, licensing, or treatment of animals within the municipality or county, and any nonprofit corporation organized under § 40-2-1 that contracts with a municipality or county to enforce the municipal or county ordinances governing animal care and control.
Source: SL 2006, ch 211, § 4.
40-2-9. Animal control officer defined.
For the purposes of this chapter and chapter 40-1, an animal control officer is any person employed, contracted, or appointed pursuant to § 40-2-7 by an animal care and control agency or humane society to aid in the enforcement of ordinances or laws regulating the care and control of animals.
Source: SL 2006, ch 211, § 5.
CHAPTER 40-3
STATE ANIMAL INDUSTRY BOARD
40-3-1 Continuation of board--Statutory references to board.
40-3-1.1 Reports by board to agriculture department--Administrative functions restored to board--Other independent functions.
40-3-2 Composition of board--Appointment and terms of office--Vacancies.
40-3-3 Qualifications of board members--Oath of office.
40-3-4 President and vice-president of board.
40-3-5 Appointment of executive secretary--Qualifications--Term of office.
40-3-6 Employment of other personnel by board.
40-3-7 Compensation and duties of executive secretary and employees--Per diem and expenses of board members and employees.
40-3-8 Meetings of board.
40-3-9 Scope of responsibilities of board.
40-3-10 Poultry included in responsibility of board.
40-3-11 Executive secretary as state veterinarian--General duties and responsibilities.
40-3-12 State university veterinary diagnostic laboratory to assist board--Examinations.
40-3-13 40-3-13. Repealed by SL 1990, ch 325, § 14
40-3-14 Orders of board--Promulgation of rules.
40-3-15 Publication of bulletins by board.
40-3-16 Access to property and inspections by board.
40-3-17 Examination of witnesses by board--Administration of oaths--Subpoena power.
40-3-18 Fees and mileage of witnesses before board.
40-3-19 Enforcement of board orders by sheriff or law enforcement officer.
40-3-20 Disposition of fees collected.
40-3-21 Administrative expenses paid from appropriated funds.
40-3-22 Annual report to Governor.
40-3-23 Definitions.
40-3-24 Certain nondomestic mammals not allowed--Violation as misdemeanor.
40-3-25 Promulgation of rules for bringing nondomestic mammals into state.
40-3-26 Rules regulating breeding, raising, marketing, and transportation of certain captive nondomestic animals.
40-3-27 Programs for identification of animals and premises involved in animal movements--Records--Purpose.
40-3-28 Development of identification program conflicting with or superceding state brand laws prohibited.
40-3-29 Promulgation of rules for implementation of identification programs.
40-3-30 Animal disease research and diagnostic laboratory bond redemption and operations fund.
40-3-1. Continuation of board--Statutory references to board.
The State Animal Industry Board is continued as a board of state government. The terms "board" or "state board" when used throughout chapters 40-3 to 40-17, inclusive, refer to the State Animal Industry Board unless a different intention is clear.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 1.
40-3-1.1. Reports by board to agriculture department--Administrative functions restored to board--Other independent functions.
The State Animal Industry Board is assigned to the South Dakota Department of Agriculture and Natural Resources only to the extent that the board shall report to the Department of Agriculture and Natural Resources. The board retains responsibility for employment of all personnel working for such board and retains responsibility for all funds of the board and all expenditures thereof, subject only to a report thereon being made to the secretary of agriculture and natural resources. The board retains the quasi-judicial, quasi-legislative, advisory, special budgetary, and other functions (as defined in § 1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of agriculture and natural resources.
Source: SL 1973, ch 2, § 132; SL 1977, ch 319; SL 1990, ch 325, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-3-2. Composition of board--Appointment and terms of office--Vacancies.
The Animal Industry Board shall consist of seven members appointed by the Governor. Any interested farm, commodity, livestock auction or livestock commission, or veterinary organization may submit nominations to the Governor from which appointments may be made. Each term is for a period of three years and until the successor is appointed and qualified. Any vacancy may be filled by appointment of the Governor for the balance of the unexpired term.
The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.
Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1979, ch 266, § 1; SL 1990, ch 325, § 3; SL 2012, ch 16, § 19; SL 2013, ch 176, § 12.
40-3-3. Qualifications of board members--Oath of office.
All members of the Animal Industry Board shall be residents and electors of the state; one member shall be a cattleman, one member shall be a sheepman, one member shall be a livestock feeder, one member shall be a hog producer, one member shall be an owner-operator of a livestock auction or commission company, one member shall be a dairy producer, one member shall be a veterinarian who is actively engaged in practice in the state. All members, other than the veterinarian, shall be persons actively and actually raising or marketing livestock within the state. The members shall qualify by taking and subscribing the oath of office required of other civil officers of the state.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1979, ch 266, § 2; SL 1990, ch 325, § 4.
40-3-4. President and vice-president of board.
The Animal Industry Board shall elect a president and vice-president from among their number for a term of one year beginning with the annual meeting at which they are elected.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 5.
40-3-5. Appointment of executive secretary--Qualifications--Term of office.
The Animal Industry Board shall appoint an executive secretary who shall be a veterinarian and a graduate of a recognized and approved college of veterinary medicine. He may not be a member of the board. His term of office shall be for one year and until his successor is appointed and qualified.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 6.
40-3-6. Employment of other personnel by board.
The Animal Industry Board may employ and dismiss, at its pleasure, without cause, such other assistants and employees as may be necessary in performance of its duties.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 7.
40-3-7. Compensation and duties of executive secretary and employees--Per diem and expenses of board members and employees.
The compensation and duties of the executive secretary and other assistants and employees of the Animal Industry Board shall be fixed by the board pursuant to chapter 3-6D. Each board member shall receive as compensation for the board's services the amount provided by law for each day necessarily employed in the performance of the board's duties and compensation and the expenses of members, secretaries, assistants, and employees, necessarily incurred in performance of public duty shall be paid from public funds.
Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 8; SL 2018, ch 12, § 21.
40-3-8. Meetings of board.
The Animal Industry Board shall hold its meetings in Pierre at such times as it designates, but there may not be more than four regular meetings each year, including the annual meeting which shall be held on the first Tuesday after the second Monday in July of each year, at which meeting the president and vice-president shall be elected for the ensuing year. However, the president of the board may call special meetings whenever and wherever in the state he considers necessary.
Source: SDC 1939, § 40.0102; SL 1939, ch 149, § 1; SL 1990, ch 325, § 9.
40-3-9. Scope of responsibilities of board.
The Animal Industry Board shall protect the health of livestock including poultry in South Dakota, determine and employ the most efficient and practical means for prevention, suppression, control, and eradication of dangerous, contagious, infectious, or transmissible diseases among the domestic animals of the State of South Dakota, of inspection and regulation of livestock auction sales yards, and of rendering plants.
Source: SDC 1939, § 40.0103; SL 1945, ch 170; SL 1990, ch 325, § 10.
40-3-10. Poultry included in responsibility of board.
In Title 40, the terms "livestock," "domestic animals" and "nondomestic animal" include poultry, unless a different intention is clearly implied.
Source: SDC 1939, § 40.0103 as added by SL 1945, ch 170; SL 1990, ch 325, § 11.
40-3-11. Executive secretary as state veterinarian--General duties and responsibilities.
The executive secretary of the Animal Industry Board shall act as state veterinarian and shall secure all information he can obtain regarding the existence of contagious, infectious, or transmissible diseases of livestock and execute all orders, rules, and regulations made by the board and present at the regular meetings of the board detailed reports of all matters connected with the work done by him during the period preceding the meeting.
Source: SDC 1939, § 40.0104; SL 1990, ch 325, § 12.
40-3-12. State university veterinary diagnostic laboratory to assist board--Examinations.
The South Dakota State University shall furnish the services of its veterinary diagnostic laboratory to the Animal Industry Board, and it shall make diagnostic examinations of all diseased animals or of such material as may be forwarded to it by the board.
Source: SDC 1939, § 40.0112; SL 1990, ch 325, § 13.
40-3-14. Orders of board--Promulgation of rules.
The Animal Industry Board may make all such orders for the execution of the powers conferred upon it and the performance of its duties, to effectuate, enforce, and carry out promptly and efficiently the provisions of the statutes relating to its duties, powers, and jurisdiction. The board may likewise amend or repeal all such orders. The board may promulgate rules pursuant to chapter 1-26 concerning:
(1) The definition of items used to administer this chapter;
(2) Declaratory rulings;
(3) The control and eradication of livestock diseases and parasites;
(4) The regulation of bovine tuberculosis;
(5) The regulation of the importation of animals;
(6) The regulation and licensure of livestock auctions and stockyards;
(7) The regulation and licensure of livestock dealers;
(8) The setting of livestock inspection fees;
(9) The regulation and licensure of rendering establishments and pet food processing plants;
(10) The establishment of swine identification and maintenance of records;
(11) The regulation of livestock exhibits;
(12) The use of federal methods and rules for meat inspection;
(13) The regulation of refrigerated locker plants; and
(14) The regulation of nondomestic animals.
However, the board shall exercise its regulatory and quarantine powers in a manner that affects the minimum geographical area reasonably necessary to control or eradicate disease.
Source: SDC 1939, § 40.0103; SL 1945, ch 170; SL 1981, ch 290; SL 1986, ch 326, § 83; SL 1990, ch 325, § 15; SL 2012, ch 199, § 2; SL 2013, ch 202, § 145.
40-3-15. Publication of bulletins by board.
Bulletins containing the rules of the Animal Industry Board together with such information relating to animals as shall be calculated to promote the purposes of this chapter, may be distributed from time to time by the board to the newspapers of the state, to all persons dealing in such animals, to the proper officers of all transportation companies doing business in this state, and to any citizen of this state upon application therefor. The cost of the bulletins shall be paid out of funds appropriated for the maintenance of the board.
Source: SDC 1939, § 40.0109; SL 1990, ch 325, § 16.
40-3-16. Access to property and inspections by board.
The Animal Industry Board has the right of access to, and inspection of, any place or property if necessary to carry out the powers and duties of the board, or to enforce its rules and orders.
Source: SDC 1939, § 40.0105; SL 1990, ch 325, § 17.
40-3-17. Examination of witnesses by board--Administration of oaths--Subpoena power.
Any member or agent of the Animal Industry Board may examine, under oath, any person believed to possess knowledge of material facts concerning the existence or dissemination or danger of disease among animals, and, for such purpose, has all the powers vested in notaries public to administer oaths, to take depositions, and to compel witnesses to attend and testify.
Source: SDC 1939, § 40.0105; SL 1990, ch 325, § 18.
40-3-18. Fees and mileage of witnesses before board.
Witnesses attending or testifying pursuant to § 40-3-17 shall receive the same fees and mileage as witnesses in the circuit court, to be paid out of the funds appropriated for the enforcement of this chapter, upon vouchers duly approved by the executive secretary of the Animal Industry Board.
Source: SDC 1939, § 40.0105; SL 1990, ch 325, § 19.
40-3-19. Enforcement of board orders by sheriff or law enforcement officer.
The Animal Industry Board may call upon any sheriff or law enforcement officer to execute its orders. Any sheriff or law enforcement officer shall obey the orders of the board.
Source: SDC 1939, § 40.0106; SL 1990, ch 325, § 20.
40-3-20. Disposition of fees collected.
All fees collected by the Animal Industry Board shall be deposited in the state treasury.
Source: SDC 1939, § 40.0113; SL 1990, ch 325, § 21.
40-3-21. Administrative expenses paid from appropriated funds.
The salaries and expenses incurred by the Animal Industry Board in administering the statutes within its jurisdiction and in exercise of its powers and duties shall be paid out of funds appropriated for that purpose.
Source: SDC 1939, § 40.0114; SL 1990, ch 325, § 22.
40-3-22. Annual report to Governor.
On the first day of September in each year the Animal Industry Board shall make an annual report to the Governor which shall be published by the State of South Dakota.
Source: SDC 1939, § 40.0116; SL 1980, ch 10, § 10; SL 1990, ch 325, § 23.
40-3-23. Definitions.
Terms used in this section and in §§ 40-3-24 to 40-3-26, inclusive, mean:
(1) "Animal," any mammal, bird, reptile, amphibian, or fish, except humans;
(2) "Captive nondomestic animal," any nondomestic animal or hybrid thereof held in man-made confinement or physically altered to limit movement and facilitate capture;
(3) "Domestic animal," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;
(4) "Free-roaming animal," any animal not in captivity, other than a domestic animal; and
(5) "Nondomestic animal," any animal that is not domestic.
Source: SL 1993, ch 311, § 1.
40-3-24. Certain nondomestic mammals not allowed--Violation as misdemeanor.
No person may bring into the state or possess in the state any nondomestic mammal unless the mammal is allowed in the state pursuant to § 40-3-25. This section is effective on the date the rules promulgated pursuant to § 40-3-25 are effective. Any violation of this section is a Class 2 misdemeanor.
Source: SL 1993, ch 311, § 2.
40-3-25. Promulgation of rules for bringing nondomestic mammals into state.
The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 to allow to be brought into the state any nondomestic mammals which the board determines would be safe to the public and to the free-roaming animals of the state. Before such rules may be adopted, the Animal Industry Board shall consult with the Game, Fish and Parks Commission.
Source: SL 1993, ch 311, § 3.
40-3-26. Rules regulating breeding, raising, marketing, and transportation of certain captive nondomestic animals.
The Animal Industry Board shall, by rules promulgated pursuant to chapter 1-26, regulate the breeding, raising, marketing, and transportation of any captive nondomestic animal of the mammalia class and the products thereof which is allowed in the state pursuant to § 40-3-25. The rules may provide the following:
(1) Require a permit of any person possessing such animals;
(2) Prescribe the application procedures for a permit;
(3) Require a legal description of the premises where such animals are held;
(4) Require an inventory of such animals at the time of application and require reports to provide for the continual accounting of such animals and their offspring;
(5) Require the marking of such animals for identification purposes;
(6) Require facilities and procedures to ensure such animals to be confined from free-roaming animals;
(7) Establish facility requirements and procedures for identification and inspection of such animals by the board;
(8) Establish the grounds for denial, suspension, or revocation of a permit and for the seizure and disposition of any unlawfully held animal; and
(9) Establish a fee for a permit which may not exceed one hundred dollars.
Source: SL 1993, ch 311, § 4.
40-3-27. Programs for identification of animals and premises involved in animal movements--Records--Purpose.
The Animal Industry Board may develop and implement specific programs for the identification of animals and premises involved in animal movements. Any program implemented pursuant to §§ 40-3-27 to 40-3-29, inclusive, must provide for confidentiality of identification records other than those records requested by law enforcement officers of the state and those records used for mandatory disease control or eradication efforts. A livestock owner may choose to identify animals using any methods set forth in 9 C.F.R. part 86, as adopted on January 9, 2013, as well as any additional methods that are later approved by the South Dakota Animal Industry Board pursuant to this section.
Any identification program implemented pursuant to §§ 40-3-27 to 40-3-29, inclusive, shall be for the sole purpose of maintaining animal health and ensuring the safety of the food supply.
Source: SL 2005, ch 219, § 1; SL 2022, ch 156, § 1.
40-3-28. Development of identification program conflicting with or superceding state brand laws prohibited.
The Animal Industry Board may not develop and implement any identification program that conflicts with or supercedes any provision of the state brand laws.
Source: SL 2005, ch 219, § 2.
40-3-29. Promulgation of rules for implementation of identification programs.
The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 for the implementation of identification programs concerning:
(1) Descriptions of the systems used to implement identification programs;
(2) Methods and procedures to foster cooperation with industry, other states, and the federal government in implementing identification programs;
(3) Definitions to be used in identification programs;
(4) Types of identification approved in identification programs;
(5) Methods for tracking movements of animals included in identification programs;
(6) Penalties for intentional removal of official identification devices from animals within the state or from animals imported into the state;
(7) Confidentiality of identification records other than those used for mandatory disease control and eradication programs;
(8) Types and species of animals included in identification programs; and
(9) Criteria for defining programs as voluntary or mandatory.
Source: SL 2005, ch 219, § 3.
40-3-30. Animal disease research and diagnostic laboratory bond redemption and operations fund.
There is hereby created the state animal disease research and diagnostic laboratory bond redemption and operations fund. Interest earned on money in the fund shall be deposited in the fund. The fund shall be administered by the Animal Industry Board.
Source: SL 2017, ch 43, § 6, eff. Mar. 17, 2017.
40-5-1
Spread of disease germs or contamination of water as misdemeanor.
40-5-1.1
Definition of terms.
40-5-2 to 40-5-5. Repealed.
40-5-5.1
Rules concerning permits for importation of rams and testing for disease.
40-5-6
Repealed.
40-5-7
Contagious disease of any animal to be reported to board.
40-5-8
Board powers in suppression of contagious diseases and parasites--Regulation of
importation, release, sale, loan, lease, or distribution of animals--Violation as
misdemeanor.
40-5-8.1
Repealed.
40-5-8.2
Authority to inspect, examine, test, and quarantine animals--Violation as
misdemeanor.
40-5-8.3
Authority to seize and destroy nondomestic animals--Coordination with Department
of Game, Fish and Parks.
40-5-8.4
Requirements for movement of nondomestic animal into state--Violation as
misdemeanor.
40-5-8.5
Authority of board to prosecute violations--Limitation on liability of board or its
agents.
40-5-8.6
Authority to promulgate rules.
40-5-9
Board orders for suppression of disease--Killing of infected animals.
40-5-10
Orders of board--Signature.
40-5-11
Emergency quarantine orders effective immediately.
40-5-12
Publication of board orders--Effective date.
40-5-13
Violation of board quarantine as misdemeanor--Second violation as felony.
40-5-14
Person with notice of board order not permitted to question publication.
40-5-15
Disposal of carcasses subject to board order.
40-5-16
Burial or burning of carcasses by sheriff on board order--Access to premises.
40-5-17
Compensation of sheriff for disposal of carcasses--Recovery of expenses from owner.
40-5-18
Notice to governor of epidemic beyond board's control.
40-5-19
County and municipal expenditures for disease control--Cooperation with state and
federal agencies.
40-5-1. Spread of disease germs or contamination of water as misdemeanor.
No person may leave exposed or scatter or place any substance containing virulent livestock disease germs, or any bottle or container thereof, in such manner as may result in the spread of livestock disease, or as may infect any animal with such disease germs, or as may contaminate any stream or body of water or any land, yards, or premises with such disease germs. Any violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, §§ 40.0111, 40.9901; SL 1977, ch 190, § 455; SL 1990, ch 325, § 26.
40-5-1.1. Definition of terms.
Terms used in this chapter mean:
(1) "Animals," any mammal, bird, reptile, amphibian, crustacean, or fish, except humans;
(2) "Captive wild animals," any wild animal held in man-made confinement or physically altered to limit movement and facilitate capture;
(3) "Domestic animals," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;
(4) "Exotic animals," any animal not occurring naturally in the United States either currently or historically;
(5) "Nondomestic animals," any animal that is not domestic;
(6) "Wild animals," any animal not in captivity, other than domestic animals;
(7) "Zoological animals," any animal in any zoo or intended to be used in a zoo.
Source: SL 1989, ch 349, § 7; SL 1990, ch 325, § 27; SL 2019, ch 182, § 1.
40-5-5.1. Rules concerning permits for importation of rams and testing for disease.
The Animal Industry Board may promulgate rules pursuant to chapter 1-26 to provide for the issuance of any necessary permits or certificates for rams intended for importation into this state and the methodology for inspections, examination, or testing for epididymitis.
Source: SL 1987, ch 295; SL 1988, ch 323, § 1; SL 1990, ch 325, § 32.
40-5-7. Contagious disease of any animal to be reported to board.
Any person who discovers, suspects, or has reason to believe that any animal is affected with, or has been exposed to, any contagious, infectious, epidemic, or communicable disease, shall promptly report to the Animal Industry Board. The board may keep such reports confidential, except for those reports concerning diseases that are specifically regulated for mandatory control and eradication to protect the public health, other livestock, or wildlife.
Source: SDC 1939, § 40.0107; SL 1982, ch 282, § 2; SL 1990, ch 325, § 34; SL 1997, ch 229, § 1.
40-5-8. Board powers in suppression of contagious diseases and parasites--Regulation of importation, release, sale, loan, lease, or distribution of animals--Violation as misdemeanor.
If written notice is given to the owner or keeper of any animal that a quarantine is established, the Animal Industry Board may take any action necessary to control, prevent, suppress, and eradicate any contagious, infectious, epidemic, and communicable disease and infestation of destructive parasites among the domestic and nondomestic animals of this state. The board may regulate or prohibit the importation, release to the wild, sale, loan, lease, or other distribution or translocation of any animal into and within the state to ensure documentation as disease-free. The Animal Industry Board may regulate or prohibit such transactions between and among private entities, local government agencies, state government agencies, federal government agencies, and nonprofit and other corporations, including, but not limited to, game farms, game preserves, zoos, exhibitions, sales, humane societies, and rehabilitation facilities. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, § 40.0501; SL 1950 (SS), ch 9, § 1; SL 1982, ch 282, § 1; SL 1989, ch 349, § 1; SL 1990, ch 325, § 35.
40-5-8.2. Authority to inspect, examine, test, and quarantine animals--Violation as misdemeanor.
The Animal Industry Board may inspect, examine, test, and quarantine any animal or any geographic area within the state if necessary to control, prevent, or eradicate any threat to the health and well-being of the animal industry of the state, including domestic and nondomestic animals. A violation of this section is a Class 1 misdemeanor.
Source: SL 1989, ch 349, § 2; SL 1990, ch 325, § 36.
40-5-8.3. Authority to seize and destroy nondomestic animals--Coordination with Department of Game, Fish and Parks.
The Animal Industry Board may seize and destroy any nondomestic animal that is determined by the board to endanger the health and well-being of domestic animal populations. The board's authority in this chapter is independent of other state agencies, but the board shall coordinate with the Department of Game, Fish and Parks if wild animals are involved.
Source: SL 1989, ch 349, § 3; SL 1990, ch 325, § 37.
40-5-8.4. Requirements for movement of nondomestic animal into state--Violation as misdemeanor.
No nondomestic animal may be moved into the state unless the animal is determined to be free of contagious or infectious diseases or parasites harmful to the domestic and nondomestic animals native to South Dakota. A violation of this section is a Class 1 misdemeanor.
Source: SL 1989, ch 349, § 4.
40-5-8.5. Authority of board to prosecute violations--Limitation on liability of board or its agents.
The Animal Industry Board may proceed against any person violating any provision of this chapter. No liability accrues to the board as a result of reasonable actions taken pursuant to this section.
Source: SL 1989, ch 349, § 5; SL 1990, ch 325, § 38.
40-5-8.6. Authority to promulgate rules.
The Animal Industry Board may promulgate rules, pursuant to chapter 1-26, governing actions or conditions that may be taken, required, or regulated, in regard to any contagious, infectious, epidemic, communicable, or transmissible disease or disorder in or transmissible to livestock, including, but not limited to, quarantine, testing, inspection, regulation of transactions, seizure or destruction of animals, transportation or introduction of animals into the state, and other control measures.
Source: SL 1989, ch 349, § 8; SL 1990, ch 325, § 39; SL 1998, ch 250, § 1.
40-5-9. Board orders for suppression of disease--Killing of infected animals.
The Animal Industry Board may make such orders as it may deem necessary for the proper control, suppression, and eradication of any such disease or infestation as described by § 40-5-8; and to kill any animal so affected if any such disease or parasitic infestation is determined to be incurable or if the owner refuses or fails to take appropriate steps to cure the diseased or infested condition, as determined by the board, after written notice to so do.
Source: SDC 1939, § 40.0501; SL 1950 (SS), ch 9, § 1; SL 1990, ch 325, § 40.
40-5-10. Orders of board--Signature.
The Animal Industry Board may make any order required to carry out properly the objects of §§ 40-5-8 to 40-5-14, inclusive. All such orders shall be in writing, signed by the president and secretary if made by the board, or by the officer or agent making the order, as the case may be.
Source: SDC 1939, § 40.0502; SL 1990, ch 325, § 41.
40-5-11. Emergency quarantine orders effective immediately.
In case of any emergency requiring immediate effect of a quarantine order pursuant to § 40-5-10, the emergency shall be recited in the order and any notice given thereof, and the order and notice shall become effective immediately upon service or posting of either. Publication shall be made thereafter as prescribed in § 40-5-12.
Source: SDC 1939, § 40.0502; SL 1990, ch 325, § 42.
40-5-12. Publication of board orders--Effective date.
Every order pursuant to § 40-5-10, if it affects the entire state or any portion thereof greater than one county, shall, except as provided in § 40-5-11, become effective upon its publication in one issue of any legal daily newspaper printed and of general circulation in this state or if it affects any county, municipality, or township, upon its publication in one issue of any legal newspaper printed in such county, municipality, or township, or if there be no legal newspaper printed therein, upon its being posted in five public places therein. Nothing in this section prevents the giving of further publicity to any such order.
Source: SDC 1939, § 40.0502; SL 1990, ch 325, § 43; SL 1992, ch 60, § 2.
40-5-13. Violation of board quarantine as misdemeanor--Second violation as felony.
It is a Class 1 misdemeanor for any person to remove any animal which has been placed in quarantine, pursuant to the provisions of §§ 40-5-8 to 40-5-12, inclusive, from the place of quarantine or to place another animal therein, without the written consent of the Animal Industry Board, until such quarantine has been released by the board.
Any second or subsequent violation of this section is a Class 6 felony.
Source: SDC 1939, § 40.9905; SL 1977, ch 190, § 458; SL 1990, ch 325, § 44.
40-5-14. Person with notice of board order not permitted to question publication.
No person having actual notice of any order made by the Animal Industry Board may question the validity of its publication, posting, or service.
Source: SDC 1939, § 40.0502; SL 1990, ch 325, § 45.
40-5-15. Disposal of carcasses subject to board order.
The Animal Industry Board may require any owner, caretaker, or custodian of animals that have died from any cause, to dispose of the carcasses in such manner as the board may order, rule, or prescribe. The disposal of such carcasses shall be at the owner's expense.
Source: SDC 1939, § 40.0110; SL 1939, ch 149, § 2; SL 1947, ch 177; SL 1990, ch 325, § 46.
40-5-16. Burial or burning of carcasses by sheriff on board order--Access to premises.
The sheriff of each county shall cause to be buried or burned the carcasses of all animals remaining unburied, unburned, or otherwise undisposed of after notice from the Animal Industry Board that such carcasses have remained unburied, unburned, or otherwise undisposed of. The sheriff may enter upon any premises where any such carcass is for the purpose of carrying out the provisions of this section.
Source: SDC 1939, § 40.0110 as added by SL 1939, ch 149, § 2; SL 1947, ch 177; SL 1990, ch 325, § 47.
40-5-17. Compensation of sheriff for disposal of carcasses--Recovery of expenses from owner.
The board of county commissioners shall allow such sums for services pursuant to § 40-5-16 as they deem reasonable and the sheriff shall be paid upon vouchers, as other claims against the county are paid. The owner of such animal is liable to the county for the expense of such burial or burning, to be recovered in a civil action, unless the owner thereof pays such expenses within thirty days after notice and demand.
Source: SDC 1939, § 40.0110 as added by SL 1939, ch 149, § 2; SL 1947, ch 177; SL 1990, ch 325, § 48.
40-5-18. Notice to governor of epidemic beyond board's control.
In case of a serious outbreak of any contagious, infectious, epidemic, or communicable disease among animals, which cannot be controlled with the funds at the disposal of the Animal Industry Board, the board shall at once notify the Governor.
Source: SDC 1939, § 40.0108; SL 1990, ch 325, § 49.
40-5-19. County and municipal expenditures for disease control--Cooperation with state and federal agencies.
Boards of county commissioners and governing bodies of municipalities may appropriate and expend money for the control or eradication of any infectious, contagious, and communicable diseases among livestock within their respective boundaries. Such funds shall be used in cooperation with the State Animal Industry Board and the United States Department of Agriculture.
Source: SDC 1939, § 40.0115; SL 1990, ch 325, § 50; SL 1992, ch 60, § 2.
40-6-1
Repealed.
40-6-2 to 40-6-6. Repealed.
40-6-7
Repealed.
40-6-8 to 40-6-26. Repealed.
40-6-27, 40-6-28. Repealed.
40-6-29
Repealed.
40-7-1 to 40-7-3. Repealed.
40-7-4
Repealed.
40-7-5 to 40-7-12. Repealed.
40-7-13
Repealed.
40-7-14 to 40-7-17. Repealed.
40-7-18
Repealed.
40-7-19, 40-7-19.1. Repealed.
40-7-20
Repealed.
40-7-20.1
Repealed.
40-7-20.2
Repealed.
40-7-20.3 to 40-7-22. Repealed.
40-7-23, 40-7-24. Repealed.
40-7-25 to 40-7-39. Repealed.
40-7-40
Repealed.
40-7-41
Repealed.
40-7-42 to 40-7-45. Repealed.
40-7-46 to 40-7-54. Repealed.
40-7-55
Repealed.
40-7-56, 40-7-57. Repealed.
40-7-58
Repealed.
40-8-1 to 40-8-10. Repealed.
40-8-11
Repealed.
40-8-12
Repealed.
40-8-13
Repealed.
40-8-14 to 40-8-17. Repealed.
40-8-18, 40-8-19. Repealed.
40-8-20, 40-8-21. Repealed.
40-8-22
Repealed.
40-8-23
Repealed.
40-8-24 to 40-8-35. Repealed.
40-8-36
Repealed.
40-8-37
Repealed.
40-9-1 to 40-9-5. Repealed.
40-9-6
Repealed.
40-9-7 to 40-9-11. Repealed.
40-9A-1 to 40-9A-12. Repealed.
40-10-1
Repealed.
40-10-1.1
Repealed.
40-10-2 to 40-10-8. Repealed.
40-10-9
Repealed.
40-10-10
Repealed.
40-12-1
Confinement of animals required in localities where rabies exists--Neglect as
misdemeanor.
40-12-2
Destruction of rabid animal required.
40-12-3
Repealed.
40-12-4
Definition of terms.
40-12-5
Confinement of pet after attack upon person--Violation as misdemeanor.
40-12-6
Confinement of pet bitten by animal suspected of having rabies--Violation as
misdemeanor.
40-12-1. Confinement of animals required in localities where rabies exists--Neglect as misdemeanor.
In localities where rabies exists, the Animal Industry Board may require that any animal deemed likely to spread such disease shall be muzzled, caged, tied, or confined in any manner that may be deemed necessary. It is a Class 1 misdemeanor for any owner or person in charge of any animal so ordered to be muzzled, caged, tied, or confined, to refuse or neglect to carry out such order.
Source: SDC 1939, § 40.0601; SL 1977, ch 190, § 481; SL 1990, ch 325, § 208.
40-12-2. Destruction of rabid animal required.
If the Animal Industry Board determines that rabies exists in any animal, the board may kill such animal and any animal there is reason to believe has been bitten by any animal affected with rabies.
Source: SDC 1939, § 40.0601; SL 1990, ch 325, § 209.
40-12-4. Definition of terms.
Terms used in this chapter mean:
(1) "Department," the Department of Health;
(2) "Owner," any person who has a right of property in a pet, keeps or harbors a pet or who has it in his care or acts as its custodian, or permits a pet to remain on or about any premises occupied by him;
(3) "Pet," any dog, cat, or other species of carnivore kept for domestication or display.
Source: SL 1988, ch 324, § 1; SL 1990, ch 325, § 210.
40-12-5. Confinement of pet after attack upon person--Violation as misdemeanor.
The department may serve written notice upon the owner of any dog or cat which has attacked or bitten a person to confine the animal at the owner's expense upon his premises or at a city pound or other place designated in the notice for a period of at least ten days after the animal has attacked or bitten any person. The department may examine the animal at any time within the ten-day period of confinement to determine whether such animal shows symptoms of rabies. In the case of any pet other than a dog or cat, which has attacked or bitten a person, the department may serve written notice upon the owner of such animal that the owner shall have the animal euthanized immediately and submit the brain to an approved laboratory for rabies examination. Any owner who fails to comply with a written notice served pursuant to this section is guilty of a Class 1 misdemeanor.
Source: SL 1988, ch 324, § 2; SL 1990, ch 325, § 211.
40-12-6. Confinement of pet bitten by animal suspected of having rabies--Violation as misdemeanor.
The department may serve written notice upon the owner of a dog or cat known to have been bitten by an animal known or suspected of being affected by rabies, requiring the owner to confine such dog or cat for a period of not less than six months. However, if such dog or cat had been properly treated with an antirabic vaccine, confinement shall be for a period of not less than three months. In the case of any pet other than a dog or cat, the department may serve written notice upon the owner of such animal that the owner shall have the animal euthanized immediately. Any owner who fails to comply with a written notice served pursuant to this section is guilty of a Class 1 misdemeanor.
Source: SL 1988, ch 324, § 3; SL 1990, ch 325, § 212.
40-13-1, 40-13-2. Repealed.
40-13-3
Repealed.
40-13A-1
Repealed.
40-13A-2 to 40-13A-10. Repealed.
40-14-1
Restrictions on importation from quarantine areas outside state.
40-14-2
Certificate of veterinary inspection required for importation of livestock--Exceptions--Violation as felony.
40-14-3
Notice and permit for importation of animals without certificate.
40-14-4
Quarantine and examination of stock imported without certificate--Release as
misdemeanor--Expenses of examination.
40-14-5
Continuing quarantine when imported animals found infected--Treatment.
40-14-6
Repealed.
40-14-7
Animals from Indian reservation treated as imported.
40-14-8
Saddle and work horses and mules exempt from requirements when in use.
40-14-9
Removal or release of animals shipped under false billing as misdemeanor.
40-14-10
Certification by veterinarian without inspection of animals as misdemeanor.
40-14-11
Repealed.
40-14-12
Repealed.
40-14-1. Restrictions on importation from quarantine areas outside state.
The Animal Industry Board may restrict importation from quarantine areas established by it without this state during such time interval as may be necessary to prevent the importation of animals with contagious, infectious, epidemic, or communicable disease or infested with destructive parasites into the state.
Source: SDC 1939, § 40.0301 as added by SL 1950 (SS), ch 7, § 1; SL 1990, ch 325, § 225.
40-14-2. Certificate of veterinary inspection required for importation of livestock--Exceptions--Violation as felony.
Any animal brought into this state for any purpose except immediate slaughter or as otherwise provided for in rules promulgated pursuant to chapter 1-26 by the Animal Industry Board shall be accompanied by a certificate of veterinary inspection, issued by authority of the state or territory from which it originates, or by authority of the United States Department of Agriculture. The certificate shall verify that the animal is free from signs of contagious, infectious, epidemic, or communicable disease, and from signs of infestation of destructive parasites. The certificate shall verify that the animal does not originate from a district of quarantine, infestation, or infection, and that it has been inspected within a period of not more than thirty days before the arrival of the animal. Any person who brings animals into the state in violation of this section is guilty of a Class 6 felony.
Source: SDC 1939, § 40.0301; SL 1950 (SS), ch 7, § 1; SL 1977, ch 190, § 483; SL 1979, ch 270, § 1; SL 1990, ch 325, § 226; SL 2012, ch 199, § 1; SL 2013, ch 202, § 146.
40-14-3. Notice and permit for importation of animals without certificate.
Any person desiring to bring any animal into the state without the certificate of veterinary inspection required by § 40-14-2 shall notify the Animal Industry Board, stating the number and kind of animal and the name and address of the consignee and consignor. The board may issue a permit for the animal to enter the state, if the Animal Industry Board has no reason to believe that the animal is affected, infected, or infested with any such disease or parasite or originated from a district of quarantine, infestation, or infection.
Source: SDC 1939, § 40.0301; SL 1950 (SS), ch 7, § 1; SL 1990, ch 325, § 227; SL 2013, ch 202, § 147.
40-14-4. Quarantine and examination of stock imported without certificate--Release as misdemeanor--Expenses of examination.
Any animal brought into the state without the certificate of veterinary inspection required by § 40-14-2, even if the animal was brought into the state pursuant to a permit authorized by § 40-14-3, shall be detained at their destination or some other suitable place under quarantine until they have been examined by the Animal Industry Board and a certificate of veterinary inspection issued. It is a Class 1 misdemeanor for any person to release any animal until the proper health certificate has been issued according to the provisions of this chapter except by consent of the Animal Industry Board. All charges and expenses for making any such examination shall be paid by the owner of the animal.
Source: SDC 1939, § 40.0301; SL 1950 (SS), ch 7, § 1; SL 1977, ch 190, § 484; SL 1990, ch 325, § 228; SL 2013, ch 202, § 148.
40-14-5. Continuing quarantine when imported animals found infected--Treatment.
If upon any examination held pursuant to § 40-14-4 it is found that any animal is or has been affected, infected, or exposed to any contagious, infectious, epidemic, or communicable disease or to infestation by destructive parasite that is dangerous or detrimental to the health of the livestock of this state, such animal shall be held in quarantine until released by the Animal Industry Board. Any animal so found to be affected, infected, infested, or exposed to any such disease or parasites that is amenable to treatment, shall be treated according to instructions of such board.
Source: SDC 1939, § 40.0301; SL 1950 (SS), ch 7, § 1; SL 1977, ch 190, § 485; SL 1990, ch 325, § 229.
40-14-7. Animals from Indian reservation treated as imported.
The removal of animal from any Indian reservation within this state to any other part of the state, except animals intended for immediate shipment or immediate slaughter, and horses in actual use, are subject to all the provisions of this chapter.
Source: SDC 1939, § 40.0307; SL 1990, ch 325, § 230.
40-14-8. Saddle and work horses and mules exempt from requirements when in use.
Nothing in this chapter may be construed to interfere with or prevent saddle or work horses or mules from crossing and recrossing the state line when in actual use.
Source: SDC 1939, § 40.0306; SL 1990, ch 325, § 231.
40-14-9. Removal or release of animals shipped under false billing as misdemeanor.
It is a Class 1 misdemeanor for any person to remove from the care or custody of any transportation company, without the consent of the Animal Industry Board, any animal that has been billed or represented as "steers" if such livestock are not steers, or any animal that has been falsely billed or falsely labeled, until the laws of this state and the regulations of the Animal Industry Board governing the inspection and testing of animals have been complied with. It is a Class 1 misdemeanor for any person to release any such animal from the custody of a transportation company without the consent of the board until the laws of this state and the rules of the board have been complied with.
Source: SDC 1939, § 40.0304; SL 1977, ch 190, § 487; SL 1990, ch 325, § 232.
40-14-10. Certification by veterinarian without inspection of animals as misdemeanor.
It is a Class 1 misdemeanor for any veterinarian to issue a certificate of veterinary inspection or test chart if the veterinarian has not properly inspected or tested the livestock to which it relates, in accordance with the statements in the certificate and the procedures indicated on the test chart, or to represent in the certificate or test chart that the veterinarian has inspected or tested any animal if the veterinarian has not personally and properly made the inspection or test.
Source: SDC 1939, § 40.0309; SL 1977, ch 190, § 488; SL 1990, ch 325, § 233; SL 2013, ch 202, § 149.
CHAPTER 40-15
LIVESTOCK AUCTION AGENCIES
40-15-1 Business constituting livestock auction agency--Exceptions.
40-15-1.1 Buying stations subject to chapter.
40-15-1.2 "Mobile market" defined.
40-15-1.3 "Livestock" defined.
40-15-2 License required for auction agency--Display at place of sales--Violation as petty offense.
40-15-3 Application for auction agency license--Contents.
40-15-4 Hearing on application for license--Notice to livestock associations of application.
40-15-5 Publication and public notice of application for license.
40-15-6 Hearing on application for license--Issuance on finding of conformity.
40-15-7 Factors considered in determining whether to issue license.
40-15-8 Annual fee for issuance or renewal of license.
40-15-9 Notice and hearing dispensed with on renewal of license.
40-15-10 Bond required to operate auction agency--Terms of bond--Approval--Amount--Violation as misdemeanor.
40-15-11 Cancellation of auction agency bond by surety--New bond before continuing business.
40-15-12 Action on auction agency bond.
40-15-13 Livestock handling and testing facilities required for auction agency license--Revocation or suspension if facilities inadequate or unsanitary.
40-15-13.1 Approved scales to be used.
40-15-13.2 Promulgation of rules--Scales--Fees.
40-15-14 Rules specifying facilities needed by veterinary inspector.
40-15-15 Separate pens for segregation of diseased animals--Marking of quarantine pens.
40-15-16 Auction agency services available without discrimination--Filing and posting of rate schedules--Rebates prohibited--Violation as petty offense.
40-15-17 Minimum inspection fees established by Animal Industry Board.
40-15-18 Inspection fees paid to Animal Industry Board.
40-15-19 Inspection service to be provided at auction agency--Veterinarian employed by board--Qualifications--Assistant veterinarian--Violation as petty offense.
40-15-20 Inspection of livestock by veterinarian--Compensation from fees collected.
40-15-21 Testing and treatment required before removal of animal from auction agency.
40-15-22 Veterinary inspection of premises and equipment--Supervision of cleaning of facilities and vehicles.
40-15-23 Inspection in manner prescribed by Animal Industry Board or federal government.
40-15-24 Veterinary inspector supervised by animal industry board--Discontinuance for failure to perform--Supervising veterinarians.
40-15-25 Auction agency not liable for negligence of inspector--Inspector not agent of agency.
40-15-26 Responsibility for inspection of livestock before shipment from auction agency--Certificate to comply with requirements at destination.
40-15-27 Records of livestock agency--Contents--Violation as petty offense.
40-15-28 Records open to inspection--Preservation--Copies furnished.
40-15-29 Revocation or suspension of license for failure to keep records.
40-15-30 Uniform accounting system for agencies.
40-15-31 Segregation and safeguarding of customers' funds by auction agency--Misuse of funds as felony.
40-15-31.1 Electronic auction--Regulation--Licensure.
40-15-31.2 Electronic auction--Delivery.
40-15-32 Revocation or suspension of license for violations--Effect of revocation or suspension.
40-15-32.1 Grounds for revocation, suspension, or refusal to renew license.
40-15-32.2 Board authorized to assume control of funds when agency's license revoked.
40-15-33 Appeal to circuit court from revocation or suspension of license.
40-15-34 Operation of auction agency without license as misdemeanor--Each day as separate offense.
40-15-35 40-15-35. Repealed by SL 1992, ch 158, § 93
40-15-35.1 Animal Industry Board allowed to apply for injunction.
40-15-36 Enforcement of chapter--Orders, rules, and regulations--Publication and posting.
40-15-37 Disposition of fees--Apportionment between disease emergency fund and inspectors fund.
40-15-38 Use of livestock disease emergency fund--Authorization by Governor required.
40-15-39 "Livestock fraud" defined--Evidence--Felony.
40-15-1. Business constituting livestock auction agency--Exceptions.
Any person operating a place of business where livestock are bought and sold through public auction, including livestock buying stations not buying and selling through public auction, is a livestock auction agency, except any place or operation where future farmers or 4-H groups or fair associations or private fairs conduct sales of livestock, any place or operation conducted for a dispersal sale of the livestock of a farmer, dairyman, livestock breeder, or feeder who is discontinuing said business and no other livestock is sold or offered for sale, and any place of operation where a breeder or an association of breeders of livestock assemble and offer for sale and sell under their own management any livestock.
Source: SDC 1939 § 40.2001; SL 1961, ch 204, § 1; SL 1970, ch 232, § 1; SL 1990, ch 325, § 235.
40-15-1.1. Buying stations subject to chapter.
The term, livestock buying station, refers to any person who buys, sells, or solicits livestock for the purpose of resale within the State of South Dakota, whether such livestock are raised in the state or brought into South Dakota from another state. However, any person who sells only livestock which he has produced and raised in South Dakota and such agencies that buy or sell livestock for slaughter only and those bonded dealers whose business is buying and selling livestock so far as the buying or selling is conducted at licensed and South Dakota inspected markets, are not livestock buying stations.
Source: SL 1970, ch 232, § 2; SL 1990, ch 325, § 236.
40-15-1.2. "Mobile market" defined.
The term, livestock mobile market refers to any livestock auction agency conducted with mobile facilities as necessary for the receiving, handling, and care of livestock consigned or entrusted to it for sale and sold competitively by means of the marketing and merchandising services it renders.
Source: SL 1970, ch 232, § 3; SL 1990, ch 325, § 237.
40-15-1.3. "Livestock" defined.
For purposes of this chapter, the term, livestock, means cattle, sheep, horses, mules, swine, goats, and buffalo.
Source: SL 2002, ch 191, § 1.
40-15-2. License required for auction agency--Display at place of sales--Violation as petty offense.
No livestock auction agency may operate without a license, which shall always be displayed at a conspicuous place on the premises where sales are conducted. A violation of this section is a petty offense. Each day of violation is a separate offense.
Source: SDC 1939, § 40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, § 1; SL 1957, ch 203, § 1; SL 1961, ch 204, § 2; SL 1990, ch 325, § 238; SL 1992, ch 158, § 89.
40-15-3. Application for auction agency license--Contents.
All applications for a license to operate a livestock auction agency shall be made in writing to the Animal Industry Board in the form prescribed by the board and shall contain:
(1) The name and addresses of the applicant and all persons having any financial interest in the application and the amount of such interest;
(2) Financial responsibility of the applicant in the form of a statement of assets and liabilities;
(3) A legal description of the property and its location together with a description of the facilities proposed to be used in the operation of such livestock auction agency;
(4) A statement of the facts upon which the applicant relies, the benefits to be derived by the livestock industry and the services proposed to be rendered regularly through the year;
(5) Applicant's experience in the livestock industry including any past operation of a livestock auction agency.
Source: SDC 1939, § 40.2002 as added by SL 1961, ch 204, § 2; SL 1990, ch 325, § 239.
40-15-4. Hearing on application for license--Notice to livestock associations of application.
Upon filing of an application pursuant to § 40-15-3, the Animal Industry Board shall determine whether a hearing need be held upon such application. If the board determines that a hearing need be held, it shall fix a reasonable time and place for hearing. The board shall cause a copy of such application, together with notice of time and place of hearing thereon, to be served by mail not less than fifteen days prior to such hearing upon all statewide livestock associations in the state who have filed written notice with the board of a request to receive notice of such hearings and such other livestock associations, as in the opinion of the board would be interested in such application.
Source: SDC 1939, § 40.2002 as added by SL 1961, ch 204, § 2; SL 1968, ch 157; SL 1990, ch 325, § 240.
40-15-5. Publication and public notice of application for license.
The Animal Industry Board shall give further notice of a hearing on an application for a license to operate a livestock auction agency by publication of the notice thereof once in a daily or weekly newspaper circulated in the municipality where such applicant intends to conduct a livestock auction agency, and such other notice as the board deems necessary to give public notice of such time and place of hearing to persons interested therein.
Source: SDC 1939, § 40.2002 as added by SL 1961, ch 204, § 2; SL 1990, ch 325, § 241; SL 1992, ch 60, § 2.
40-15-6. Hearing on application for license--Issuance on finding of conformity.
If after a hearing upon an application for a license to operate a livestock auction agency, at which interested persons may appear in support or opposition thereto, the Animal Industry Board finds from the evidence presented that the physical facilities of such livestock auction agency conforms to the requirements of the rules of the Animal Industry Board and the statutes applicable to such agencies, such license shall be issued to the applicant.
Source: SDC 1939, § 40.2002 as added by SL 1961, ch 204, § 2; SL 1990, ch 325, § 242.
40-15-7. Factors considered in determining whether to issue license.
In determining whether a license to operate a livestock auction agency should be granted or denied, the Animal Industry Board shall give reasonable consideration to:
(1) The ability of the applicant to comply with the Federal Packers and Stockyard Act, as amended (7 U.S.C. § 181 et seq.) and the rules of the Animal Industry Board;
(2) The continuing financial stability, business integrity, and fiduciary responsibility of the applicant;
(3) The livestock industry marketing benefits to be derived from the establishment and operation of the livestock auction agency proposed in the application;
(4) The adequacy of the facilities set forth to permit the performance of livestock agency services proposed in the application;
(5) Whether the proposed livestock auction agency would be permanent and continuous.
Source: SDC 1939, § 40.2002 as added by SL 1961, ch 204, § 2; SL 1990, ch 325, § 243.
40-15-8. Annual fee for issuance or renewal of license.
The fee for a license to operate a livestock auction agency shall be one hundred dollars. The license shall be issued for a period of one year and may be renewed from year to year upon the payment of a like sum for each renewal. The fee shall be paid to and license and renewals issued by the Animal Industry Board.
Source: SDC 1939, § 40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, § 1; SL 1957, ch 203, § 1; SL 1961, ch 204, § 2; SL 1990, ch 325, § 244.
40-15-9. Notice and hearing dispensed with on renewal of license.
Upon application for the renewal of any existing license, the Animal Industry Board may dispense with the notice and hearing required by §§ 40-15-4 to 40-15-6, inclusive, if it is satisfied from the application for renewal and applicant's prior record that the applicant has been in active business under its existing license during the term covered by such license and has complied with statutes of the state applicable to livestock auction agencies and the rules of the Animal Industry Board during the period covered by the license sought to be renewed.
Source: SDC 1939, § 40.2002 as added by SL 1961, ch 204, § 2; SL 1990, ch 325, § 245.
40-15-10. Bond required to operate auction agency--Terms of bond--Approval--Amount--Violation as misdemeanor.
No person may operate a livestock auction agency without first filing with the Animal Industry Board a corporate surety bond as required under the provisions of the Federal Packers and Stockyard Act, 1921, as amended to January 1, 2002, for livestock agencies selling on commission. The bond shall be filed with the Animal Industry Board and a certified copy thereof shall be filed with the chief of the Packers and Stockyards Division of the United States Department of Agriculture. The obligee of the bond is the Animal Industry Board with the executive secretary thereof as trustee, with full power and authority to consider claims and pay valid claims from bond proceeds, subject to applicable federal law. The bond shall be for the benefit of all persons sustaining loss which may be covered by the obligation of the bond. The bond shall be approved by the Animal Industry Board as to its sufficiency and by the attorney general as to form prior to filing. The amount of the bond may not be less than twenty thousand dollars. Any person who operates a livestock auction agency in violation of this section is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 40.2003; SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170; SL 1977, ch 190, § 491; SL 1990, ch 325, § 246; SL 2002, ch 191, § 2.
40-15-11. Cancellation of auction agency bond by surety--New bond before continuing business.
The bond required by § 40-15-10 may be canceled by the surety thereon by not less than thirty days' prior written notice to the Animal Industry Board and such cancellation does not in any manner affect the liability of the surety as to anything occurring prior thereto. In the event of such cancellation, no further operations may be conducted by the livestock auction agency until a bond or security has been provided, approved, and filed as required in § 40-15-10.
Source: SDC 1939, § 40.2003; SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170; SL 1990, ch 325, § 247.
40-15-12. Action on auction agency bond.
Action may be brought by any person upon the bond required by § 40-15-10 without the necessity of joining the State of South Dakota or securing leave therefor.
Source: SDC 1939, § 40.2003 as added by SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170.
40-15-13. Livestock handling and testing facilities required for auction agency license--Revocation or suspension if facilities inadequate or unsanitary.
Every livestock auction agency shall provide adequate facilities for care, sorting, feeding, and handling of livestock and for proper inspection, examination, and testing for disease according to specifications determined by the Animal Industry Board. No license shall be issued or renewed by the board until the facilities are deemed adequate by it; and any time after issuance of the license, it may revoke or suspend the license of the agency until faults are corrected whenever it determines that the facilities of the agency are then inadequate or that the premises are not being maintained and operation conducted in a sanitary and safe manner to prevent the spread of livestock disease.
Source: SDC 1939, § 40.2005; SL 1957, ch 203, § 2; SL 1990, ch 325, § 248.
40-15-13.1. Approved scales to be used.
No livestock subject to this chapter may be weighed on any scale, except a livestock scale certified by the Division of Commercial Inspection and Licensing approved for purposes of this chapter.
Source: SL 1970, ch 231; SL 2004, ch 17, § 293.
40-15-13.2. Promulgation of rules--Scales--Fees.
The board shall promulgate rules pursuant to chapter 1-26 to ensure:
(1) That livestock for immediate slaughter sold on a carcass basis are weighed on livestock scales certified by the United States Packers and Stockyards Administration for weighing livestock on a carcass basis;
(2) That livestock for immediate slaughter sold on a live basis are weighed on livestock scales certified by the United States Packers and Stockyards Administration for weighing such livestock; and
(3) That a fee is assessed for all livestock sold by electronic auction on a per head basis in an amount equal to ten percent of the minimum inspection fees as provided for in § 40-15-17.
Source: SL 1997, ch 230, § 3.
40-15-14. Rules specifying facilities needed by veterinary inspector.
The Animal Industry Board may promulgate rules pursuant to chapter 1-26 to require the maintenance or installation of facilities such as the paving of alleys or holding pens, squeeze chutes, and quarters for the veterinary inspector that are reasonably necessary to test or treat cattle for disease.
Source: SDC 1939, § 40.2005 as added by SL 1957, ch 203, § 2; SL 1986, ch 326, § 87; SL 1990, ch 325, § 249.
40-15-15. Separate pens for segregation of diseased animals--Marking of quarantine pens.
Each livestock auction agency shall maintain one or more pens separate and apart from other pens for the purpose of holding animals consigned to the sales that show symptoms of any contagious, communicable, or infectious disease and for cattle branded and tagged as brucellosis reactors, tuberculosis reactors, or livestock otherwise marked or identified as being diseased. These animals shall be sold from these quarantine pens for slaughtering purposes only. Such pens shall be marked as quarantine pens and labeled as such with the top rail of such pens to be painted yellow in color.
Source: SDC 1939, § 40.2005 as added by SL 1957, ch 203, § 2; SL 1990, ch 325, § 250.
40-15-16. Auction agency services available without discrimination--Filing and posting of rate schedules--Rebates prohibited--Violation as petty offense.
Every livestock auction agency shall furnish its service to every person who requests it, without discrimination. Its rates shall be reasonable and nondiscriminating and shall be filed with the Animal Industry Board before a license is issued. The rates may be changed from time to time by filing new schedules with the board thirty days before they are to take effect. Rates shall be posted plainly, visibly, and conspicuously with the license on the premises. No livestock auction agency may rebate any service charge or render its services to anyone without charging the rate posted and filed. A violation of this section is a petty offense. Each violation is a separate offense.
Source: SDC 1939, § 40.2006; SL 1977, ch 190, § 492; SL 1990, ch 325, § 251; SL 1992, ch 158, § 90.
40-15-17. Minimum inspection fees established by Animal Industry Board.
The livestock auction agencies shall collect fees for inspection and examination of livestock as provided in this chapter which may not be less than the minimum established by the Animal Industry Board.
Source: SDC 1939, § 40.2002 as added by SL 1957, ch 203, § 1; SL 1961, ch 204, § 2; SL 1990, ch 325, § 252.
40-15-18. Inspection fees paid to Animal Industry Board.
The Animal Industry Board shall collect from all livestock auction agencies, all fees collected by the agency for the inspection required by §§ 40-15-19 to 40-15-25, inclusive.
Source: SDC 1939, § 40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, § 1; SL 1957, ch 203, § 1; SL 1961 ch 204, § 2; SL 1970, ch 233, § 1; SL 1990, ch 325, § 253.
40-15-19. Inspection service to be provided at auction agency--Veterinarian employed by board--Qualifications--Assistant veterinarian--Violation as petty offense.
Every livestock auction agency shall be provided with inspection and examination to determine evidence of disease in any livestock handled on the premises. Such examination and inspection shall be made by a veterinarian who has been recommended by the livestock auction agency to be examined and inspected and employed by the Animal Industry Board, and with the approval of the veterinarian in charge of the animal disease eradication branch of the United States Department of Agriculture, and at any livestock auction agency which is engaged in the interstate shipment of livestock. Such veterinarian shall be a local veterinarian, or a veterinarian of the vicinity, accredited, capable, and qualified, unless there is no such veterinarian available. If the livestock auction agency fails to recommend such a veterinarian within a reasonable time, the board may after ten days' notice to such agency appoint such a veterinarian. In the event of a temporary absence or in the event that a sale is too large for one veterinarian to properly handle, the veterinarian so employed may employ an assistant who shall be a licensed veterinarian of the State of South Dakota and qualified as above. A violation of this section is a petty offense.
Source: SDC 1939, § 40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, § 3; SL 1990, ch 325, § 254; SL 1992, ch 158, § 91.
40-15-20. Inspection of livestock by veterinarian--Compensation from fees collected.
The veterinarian employed pursuant to § 40-15-19 shall inspect and examine all livestock handled on the premises to determine evidence of disease. The veterinarian so employed shall be paid by the Animal Industry Board with ninety percent of the fees collected for such inspection, as provided in § 40-15-37.
Source: SDC 1939, § 40.2007; SL 1945, ch 173; SL 1957, ch 203, § 3; SL 1970, ch 233, § 2; SL 1990, ch 325, § 255.
40-15-21. Testing and treatment required before removal of animal from auction agency.
The Animal Industry Board may require the testing or treatment of any animal before being removed from any auction agency, by methods prescribed by such board, if deemed necessary for protection of the health of livestock within the state.
Source: SDC 1939, § 40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, § 3; SL 1990, ch 325, § 256.
40-15-22. Veterinary inspection of premises and equipment--Supervision of cleaning of facilities and vehicles.
The veterinary inspector provided for in § 40-15-19 shall examine all premises and equipment used in handling livestock at the agency and shall direct and supervise the cleaning and disinfection of such premises and equipment with the object of maintaining such premises in a sanitary and safe manner to prevent the spread of livestock disease. He shall also supervise the cleaning and disinfection of all vehicles used to transport or otherwise handle livestock delivered to or removed from such agency as may be required from time to time and in a manner prescribed by the Animal Industry Board.
Source: SDC 1939, § 40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, § 3; SL 1990, ch 325, § 257.
40-15-23. Inspection in manner prescribed by Animal Industry Board or federal government.
The veterinary inspector provided for in § 40-15-19 shall perform and report the inspection and examination of livestock in the manner prescribed by the Animal Industry Board or the animal disease eradication branch in all interstate shipments of livestock.
Source: SDC 1939, § 40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, § 3; SL 1990, ch 325, § 258.
40-15-24. Veterinary inspector supervised by animal industry board--Discontinuance for failure to perform--Supervising veterinarians.
The service and duties of the veterinary inspector provided for in § 40-15-19 shall be under the direction and supervision of the Animal Industry Board, and the inspector shall be discontinued at the agency if he fails to perform the services and duties required of him by the board. The board may employ as many supervising veterinarians as may be deemed necessary to assist in the enforcement of the law relating to livestock auction agencies.
Source: SDC 1939, § 40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, § 3; SL 1990, ch 325, § 259.
40-15-25. Auction agency not liable for negligence of inspector--Inspector not agent of agency.
No livestock auction agency is liable for the negligent acts of any veterinary inspector, nor may any such veterinary inspector be considered an agent of the livestock auction agency.
Source: SDC 1939, § 40.9926 as added by SL 1957, ch 203, § 4; SL 1990, ch 325, § 260.
40-15-26. Responsibility for inspection of livestock before shipment from auction agency--Certificate to comply with requirements at destination.
The livestock auction agency shall ensure that any livestock passing through a livestock auction agency for interstate or intrastate traffic, are inspected, examined, and tested before being removed from the premises as required by the state of destination. Shipment of such livestock shall be covered by such certificate of health as may be required by the state of destination before such livestock is removed from the premises of the auction agency; but if such certificate is made from physical examination only, it shall be issued without charge by the veterinary inspector to the shipper.
Source: SDC 1939, § 40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, § 3; SL 1990, ch 325, § 261.
40-15-27. Records of livestock agency--Contents--Violation as petty offense.
Every livestock agency shall keep complete records as prescribed by the Animal Industry Board in rules promulgated pursuant to chapter 1-26. Such information may include the names of all persons or organizations bringing to or offering livestock for sale at the agency and a description of the livestock as prescribed by the Animal Industry Board to fulfill the intent of this chapter. A violation of this section is a petty offense. Each violation is a separate offense.
Source: SDC 1939, § 40.2004; SL 1990, ch 325, § 262; SL 1992, ch 158, § 92; SL 2013, ch 202, § 143.
40-15-28. Records open to inspection--Preservation--Copies furnished.
The records required by § 40-15-27 shall be open for inspection at any reasonable time to any person interested as prescribed by the Animal Industry Board in rules promulgated pursuant to chapter 1-26 to fulfill the intent of this chapter. Every livestock auction agency shall keep and preserve all records for at least three years and shall furnish copies thereof to peace officers without charge and to any other person upon payment of reasonable charge for making such copy.
Source: SDC 1939, § 40.2004; SL 1990, ch 325, § 263; SL 2013, ch 202, § 144.
40-15-29. Revocation or suspension of license for failure to keep records.
Failure to comply with any of the provisions of §§ 40-15-27 and 40-15-28 is cause for revocation or suspension of the agency license as the Animal Industry Board may decide.
Source: SDC 1939, § 40.2004; SL 1990, ch 325, § 264.
40-15-30. Uniform accounting system for agencies.
All livestock auction agencies shall maintain a uniform accounting system as prescribed by the Animal Industry Board.
Source: SDC 1939, § 40.2008; SL 1955, ch 141, § 2; SL 1990, ch 325, § 265.
40-15-31. Segregation and safeguarding of customers' funds by auction agency--Misuse of funds as felony.
No livestock auction agency may make such use or disposition of funds in its possession or control as endangers or impairs the faithful and prompt accounting for any payment or such portion thereof as may be due the owner or consignor of livestock or any other person having an interest therein, and to this end shall so handle all such funds as to prevent their being commingled or confused with other accounts or funds of the auction agency kept or used for other purposes. The misuse of such funds, resulting in their loss to the owner or consignor of livestock or any other person having an interest therein, is a Class 5 felony.
Source: SDC 1939, § 40.2003 as added by SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170; SL 1988, ch 325; SL 1990, ch 325, § 266.
40-15-31.1. Electronic auction--Regulation--Licensure.
The term, electronic auction, refers to computer-accessible auctions where livestock are bought and sold through public auction. The Animal Industry Board shall regulate electronic auctions. Any livestock auction agency licensed under this chapter may also be licensed to operate electronic auctions of livestock for immediate slaughter if the application and licensure procedures for the electronic auctions are in compliance with §§ 40-15-1 to 40-15-10, inclusive. The provisions of §§ 40-15-11, 40-15-12, 40-15-14, 40-15-16, 40-15-21, 40-15-26 to 40-15-34, inclusive, 40-15-35.1, 40-15-36, 40-15-38, and 40-15-39 also apply to electronic auction agencies.
Source: SL 1997, ch 230, § 1.
40-15-31.2. Electronic auction--Delivery.
Livestock sold by electronic auction not delivered directly from the farm of origin to a United States Department of Agriculture or state inspected slaughter establishment may pass only through a United States Department of Agriculture approved stockyard for all classes of livestock.
Source: SL 1997, ch 230, § 2.
40-15-32. Revocation or suspension of license for violations--Effect of revocation or suspension.
The Animal Industry Board may revoke or suspend for such time as it deems necessary the license of any livestock auction agency for any violation of the provisions of § 40-15-32.1. If a license is revoked, the licensee may not engage in the business authorized by his license for a period of one year. If a license is suspended, the licensee may not, directly or indirectly, operate the agency or the premises on which the agency is located during the period of suspension.
Source: SL 1988, ch 326, § 1; SL 1990, ch 325, § 267.
40-15-32.1. Grounds for revocation, suspension, or refusal to renew license.
The Animal Industry Board may revoke or may suspend an existing license or may refuse to renew a license if the holder or applicant:
(1) Makes a material false statement in an application for a license or testifies falsely on behalf of such application;
(2) Misuses, withdraws, diverts, or fails to directly deposit custodial funds in the custodial account required by the provisions of the Packers and Stockyards Act of 1921 and § 40-15-31;
(3) Has not filed or maintained a surety bond or an equivalent security in the form and amount required under the provisions of § 40-15-10;
(4) Has not satisfactorily demonstrated that the current assets of the agency exceed the current liabilities of the agency;
(5) Has been convicted, pled guilty, or pled nolo contendere before any state or federal court to charges of forgery, theft, theft by deception, bribery, embezzlement, theft by threat, conspiracy to defraud or other like offense, or violation of the livestock laws of this state;
(6) Has been suspended by order of the secretary of agriculture of the United States Department of Agriculture under the provisions of the Packers and Stockyards Act of 1921; or
(7) Has failed to comply with the provisions of § 40-15-27 or 40-15-28, or willfully falsifies records required under this chapter.
Source: SL 1988, ch 326, § 2; SL 1990, ch 325, § 268.
40-15-32.2. Board authorized to assume control of funds when agency's license revoked.
If a livestock auction agency's license is relinquished, revoked, or suspended by the Animal Industry Board, subject to applicable federal law, the Animal Industry Board may assume control of any account and funds described in § 40-15-31, including collection of any deposit items, identification and processing of claims to the funds, and payment of valid claims from the available funds.
Source: SL 2002, ch 191, § 3.
40-15-33. Appeal to circuit court from revocation or suspension of license.
Any licensee aggrieved at the revocation or suspension of the license may appeal from the decision to the circuit court of this state for the county in which the agency was located, licensed, and operated, at any time within sixty days after notice of such revocation or suspension has been mailed by registered or certified mail to the business address of the agency as shown by its application, license, or other records on file with the Animal Industry Board. The appeal shall be taken by notice of the same stating the substance of the decision appealed from sufficiently to identify the same, copy of which notice shall be served on the animal industry board or by registered or certified mail addressed to the office at Pierre, South Dakota, and by filing the original of such notice and proof of the service thereof with the clerk of the court to which appeal is taken. Thereafter the appeal shall be brought on for hearing and tried upon all issues of law and fact relative thereto under the same procedure as court or equity cases are tried by the court.
Source: SDC 1939, § 40.2009; SL 1990, ch 325, § 269.
40-15-34. Operation of auction agency without license as misdemeanor--Each day as separate offense.
Any person who operates as a livestock agency without the license required by this chapter or while such license has been suspended is guilty of a Class 2 misdemeanor. Each day of operation constitutes a separate offense.
Source: SDC 1939, § 40.9926 as added by SL 1957, ch 203, § 4; SL 1977, ch 190, § 493; SL 1990, ch 325, § 270.
40-15-35.1. Animal Industry Board allowed to apply for injunction.
The Animal Industry Board may apply for an injunction in any court of competent jurisdiction to restrain any violation of chapter 40-15 or 40-16.
Source: SL 1988, ch 327; SL 1990, ch 325, § 271.
40-15-36. Enforcement of chapter--Orders, rules, and regulations--Publication and posting.
The Animal Industry Board shall enforce the provisions of this chapter and may promulgate rules pursuant to chapter 1-26 concerning:
(1) The licensure of livestock auction agencies;
(2) The requirements for facilities;
(3) The handling of any animal found to be affected with any infectious, contagious, or transmissible disease;
(4) The requirements for inspecting, examining, and testing of livestock passing through a livestock auction agency;
(5) The reporting and record keeping requirements for livestock auction agencies; and
(6) Procedures for the consideration, processing, and payment of claims from bond proceeds and, if a livestock auction agency's license is relinquished, revoked or suspended, procedures for the collection of deposit items, processing of claims to the funds, and payment of valid claims in accordance with §§ 40-15-10 and 40-15-32.2.
Such rules shall be sent to each licensed auction agency, there to be posted by such agency plainly, visibly, and conspicuously, and with the license on the premises so as to be available to any person using the service of such agency.
Source: SDC 1939, § 40.2010; SL 1986, ch 326, § 88; SL 1990, ch 325, § 272; SL 2002, ch 191, § 4.
40-15-37. Disposition of fees--Apportionment between disease emergency fund and inspectors fund.
The license and renewal fees and the inspection fees shall be paid by the livestock auction agency to the Animal Industry Board and by it remitted to the state treasurer within thirty days after receipt. The state treasurer shall issue a receipt for the same to the Animal Industry Board.
The state treasurer shall credit ten percent of the amount received to a fund to be known as the livestock disease emergency fund and shall distribute and apply such fund as provided by law. The remaining ninety percent of the amount received shall be credited to a fund to be known as the livestock auction market inspectors fund, all of which shall be distributed and applied by the Animal Industry Board as compensation to the livestock auction market inspectors on a monthly basis.
Source: SDC 1939, § 40.2008; SL 1955, ch 141, § 2; SL 1970, ch 233, § 3; SL 1990, ch 325, § 273.
40-15-38. Use of livestock disease emergency fund--Authorization by Governor required.
The Animal Industry Board shall deposit all funds collected by it to the credit of a fund to be known as the livestock disease emergency fund in the Office of the State Treasurer as provided by § 40-15-37. The livestock disease emergency fund shall be available for use to the Animal Industry Board only pursuant to determination of the Governor that an emergency exists and an order from the Governor authorizing the use of said funds for the eradication and control of virulent diseases among livestock.
Source: SDC 1939, § 40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, § 1; SL 1957, ch 203, § 1; SL 1961, ch 204, § 2; SL 1990, ch 325, § 274.
40-15-39. "Livestock fraud" defined--Evidence--Felony.
Any person who purchases livestock from a livestock auction agency, as defined in this chapter, with intent to defraud is guilty of livestock fraud. The failure of such purchaser to tender payment in full within four days of the date of purchase, is prima facie evidence of intent to defraud.
Livestock fraud is a Class 4 felony.
Source: SL 1981, ch 292; SL 1990, ch 325, § 275.
40-15A-1
Definition of terms.
40-15A-1.1
License as dealer, packer, or packer buyer required--Violation as misdemeanor.
40-15A-2
Auction agencies, farmers, ranchers, and livestock feeders exempt.
40-15A-3
Annual application for dealer's, packer's, or packer buyer's license--Contents.
40-15A-4
Fee for license--Duration of license.
40-15A-5
Bond required of dealer, packer or packer buyer--Proof of bond filed under federal
law--Exemption for employees of bonded packers--Board as obligee--Promulgation
of rules--Violation as misdemeanor.
40-15A-6
Time and place for hearing on application--Notice to livestock associations.
40-15A-7
License posted in place of business--Pocket card.
40-15A-8
Facilities provided by dealer--Unloading and inspection of livestock.
40-15A-8.1
Partial payment of purchase price at time of sale or delivery--Payment of balance.
40-15A-8.2
Records required to be kept by licensees.
40-15A-9
Fees credited to general fund.
40-15A-10
Grounds for revocation or refusal of license.
40-15A-11
Suspension in lieu of revocation of license--Administrative procedure law governs.
40-15A-12
Repealed.
40-15A-13 to 40-15A-19. Repealed.
40-15A-1. Definition of terms.
Terms used in this chapter mean:
(1) "Animal Industry Board" or "board,' ' the Animal Industry Board of the State of South Dakota;
(2) "Licensed, accredited veterinarian," a veterinarian licensed by the state of livestock shipment origin to practice veterinary medicine within that state and accredited by the federal government for the purpose of issuing interstate certificates;
(3) "Livestock," cattle, sheep, horses, mules, swine, buffalo, and goats;
(4) Deleted by SL 2005, ch 220, § 1.
(5) "Livestock dealer," any person engaged in the business of buying, selling, and dealing in livestock from producers or livestock auction markets for resale or shipment within or without the state or for resale in the local market;
(6) Deleted by SL 2005, ch 220, § 1.
(7) "Packer," any firm conducting business involved in the slaughter or processing of meat or meat products if the firm is not subject to state inspection;
(8) "Stocker and feeder livestock," any livestock used for feeding or breeding purposes, except feeder pigs.
Source: SL 1972, ch 221, § 1; SL 1975, ch 259, § 1; SL 1985, ch 318, § 1; SL 1990, ch 325, § 276; SL 1991, ch 332, § 1; SL 2002, ch 191, § 5; SL 2005, ch 220, § 1.
40-15A-1.1. License as dealer, packer, or packer buyer required--Violation as misdemeanor.
No person may transact business as a livestock dealer, packer, or packer buyer unless the person is licensed pursuant to the provisions of this chapter. A violation of this section is a Class 1 misdemeanor.
Source: SL 1982, ch 283, § 1; SL 1991, ch 186, § 13; SL 2003, ch 217, § 1.
40-15A-2. Auction agencies, farmers, ranchers, and livestock feeders exempt.
This chapter does not apply to persons licensed under chapter 40-15 or to farmers, ranchers, or livestock feeders who buy or sell livestock in the ordinary course of their business.
Source: SL 1972, ch 221, § 2; SL 1990, ch 325, § 277.
40-15A-3. Annual application for dealer's, packer's, or packer buyer's license--Contents.
Before any person is licensed to transact business as a livestock dealer, packer, or packer buyer, he shall file annually with the Animal Industry Board on or before July first, an application for a license to transact such business on a form prescribed by the board. The application shall contain the following information:
(1) The nature of the business to be conducted by the applicant;
(2) The name of any person applying for license, together with his address and permanent residence;
(3) The full name of each member thereof, if the applicant is a firm, association, or partnership or the names of the officers thereof if the applicant is a corporation;
(4) The post office and principal place of business of the applicant;
(5) If the applicant is a foreign corporation its principal place of business, without the state, the name of the state in which it is incorporated;
(6) A copy of the financial statement showing current assets and current liabilities, as submitted to the bonding company to secure a bond under the terms of this chapter; and
(7) Such other information as the board may prescribe.
Source: SL 1972, ch 221, § 3; SL 1975, ch 259, § 2; SL 1982, ch 283, § 2; SL 1990, ch 325, § 278.
40-15A-4. Fee for license--Duration of license.
With the filing of an application for a license, the applicant shall submit to the Animal Industry Board a fee of fifty dollars. If the license is issued, it shall be for a period of one year commencing July first.
Source: SL 1972, ch 221, § 4; SL 1990, ch 325, § 279.
40-15A-5. Bond required of dealer, packer or packer buyer--Proof of bond filed under federal law--Exemption for employees of bonded packers--Board as obligee--Promulgation of rules--Violation as misdemeanor.
Every livestock dealer, packer or packer buyer applying for a license under this chapter shall file with the animal industry board and maintain a fully executed duplicate of a valid and effective bond in the form and amount to be determined by the board. If the livestock dealer, packer, or packer buyer is registered and bonded under the provisions of an act of Congress cited as the "Packers and Stockyards Act, 1921," adopted August 15, 1921, as amended to January 1, 2002, and codified at 7 U.S.C. Chapter 9, the livestock dealer, packer, or packer buyer shall file a statement in the form prescribed by the board evidencing that the livestock dealer, packer, or packer buyer is maintaining a valid and effective bond or its equivalent under said act. If a packer buyer is in full-time employ of a packer bonded under this section, the packer buyer need not be bonded. The bond shall be for the benefit of all persons sustaining a loss which may be covered by the obligation of the bond. The obligee of the bond shall be the Animal Industry Board with the executive secretary of the board as trustee, with full power and authority to consider claims and pay valid claims from bond proceeds subject to applicable federal law. The Animal Industry Board may promulgate rules, pursuant to chapter 1-26, to establish procedures for the consideration, processing, and payment of claims from bond proceeds in accordance with this section. Any livestock dealer, packer, or packer buyer in violation of this section is guilty of a Class 1 misdemeanor.
Source: SL 1972, ch 221, § 10; SL 1975, ch 259, § 3; SL 1990, ch 325, § 280; SL 2002, ch 191, § 6.
40-15A-6. Time and place for hearing on application--Notice to livestock associations.
Whenever an applicant has made proper application and paid the prescribed fee, the Animal Industry Board may fix a reasonable time and place for hearing thereon. The board may cause a copy of such application, together with notice of time and place of hearing thereon, to be served by mail not less than fifteen days prior to such hearing upon all statewide livestock associations in the state who have filed written notice with the Animal Industry Board of a request to receive notice of such hearings and such other livestock associations, as in the opinion of the secretary of the board, would be interested in such application.
Source: SL 1972, ch 221, § 5; SL 1990, ch 325, § 281.
40-15A-7. License posted in place of business--Pocket card.
Each license shall be posted in a conspicuous place in or at the place of business of the licensee for inspection by any person. Each licensee under this chapter shall be issued a pocket card containing the license number of the applicant and his authority as a livestock dealer, packer, or packer buyer. Such card shall be carried and maintained and be displayed upon demand as authority as a licensed livestock dealer, packer, or packer buyer.
Source: SL 1972, ch 221, § 6; SL 1975, ch 259, § 4; SL 1990, ch 325, § 282.
40-15A-8. Facilities provided by dealer--Unloading and inspection of livestock.
Each livestock dealer shall provide facilities where all stocker and feeder livestock purchased or consignments of such dealer shall be unloaded and inspected by a licensed, accredited veterinarian, within forty-eight hours after arrival, before being sold or moved. Each livestock dealer shall provide adequate facilities as determined by the Animal Industry Board.
Source: SL 1972, ch 221, § 11; SL 1990, ch 325, § 283.
40-15A-8.1. Partial payment of purchase price at time of sale or delivery--Payment of balance.
Every licensee under this chapter shall pay, upon request by the seller, eighty percent of the negotiated value of livestock sold at the time of the sale or delivery of the livestock sold, if the term of the sale is on the grade or carcass basis. Thereafter, upon the livestock slaughtered and the determination of the yield and final grade are established, the balance shall be paid on the day following sale determination.
Source: SL 1975, ch 259, § 7; SL 1990, ch 325, § 284.
40-15A-8.2. Records required to be kept by licensees.
The Animal Industry Board may, by rule, require any person licensed pursuant to this chapter to maintain adequate records of all livestock transactions to enable the board to follow the movement of diseased livestock. The licensee shall maintain such records for a period of two years after the transaction and shall make such records available to the board on request.
Source: SL 1982, ch 283, § 3; SL 1990, ch 325, § 285.
40-15A-9. Fees credited to general fund.
All fees provided for under this chapter shall be paid into the state treasury and shall be placed in the general fund by the state treasurer.
Source: SL 1972, ch 221, § 7; SL 1990, ch 325, § 286.
40-15A-10. Grounds for revocation or refusal of license.
The Animal Industry Board shall revoke or refuse to issue or renew a license if the applicant:
(1) Has not filed or maintained a surety bond in the form and amount required under the provisions of § 40-15A-5; or
(2) Has not satisfactorily demonstrated that his current assets exceed his current liabilities; or
(3) Has been found by the board to have failed to pay without reasonable cause obligations incurred in connection with livestock transactions; or
(4) Has violated the livestock laws or rules of this state or the laws of the United States; or
(5) Has made false or misleading statements knowingly made as to the health or physical condition of the animals or practiced fraud or misrepresentation in connection with the buying or receiving of animals or the selling, exchanging, soliciting, or negotiating the sale of livestock or the weighing of such animals; or
(6) Has failed to keep and maintain suitable records, which disclose all purchases and sales of livestock or refused, during reasonable time, to allow the board to inspect and to copy any records relating to his business;
(7) Has been suspended by the order of the secretary of agriculture of the United States Department of Agriculture under provisions of the "Packers and Stockyards Act, 1921," adopted August 15, 1921, as amended and codified at 7 U.S.C. Chapter 9; or
(8) Has failed to comply with any lawful order of the board.
Source: SL 1972, ch 221, § 8; SL 1990, ch 325, § 287.
40-15A-11. Suspension in lieu of revocation of license--Administrative procedure law governs.
If the Animal Industry Board finds that any livestock dealer, packer, or packer buyer has violated the provisions of § 40-15A-10, the board may, by order, in lieu of revocation, suspend the license of such offender for a period not to exceed one year. Actions of the board relating to licensing hereunder shall be governed and appeals taken therefrom as provided by chapter 1-26.
Source: SL 1972, ch 221, § 9; SL 1975, ch 259, § 5; SL 1990, ch 325, § 288.
40-15B-1
Definitions.
40-15B-2
Price discrimination by packer prohibited--Exemption.
40-15B-3
Terms and conditions to be uniform.
40-15B-4
Packer to report prices paid.
40-15B-5
Agreements in violation of provisions voidable--Violation as fraudulent.
40-15B-6
Attorney general to enforce provisions--Action to restrain violation--Civil action--Treble damages.
40-15B-7
Packer to make available daily report of prices paid--Forms--Seller's identity not to
be revealed--Penalties for violation.
40-15B-8
Certain acts by packers prohibited.
40-15B-1. Definitions.
Terms used in §§ 40-15B-1 to 40-15B-8, inclusive, mean:
(1) "Livestock," live cattle, swine, or sheep;
(2) "Packer," a person who is engaged in the business of slaughtering livestock or receiving, purchasing, or soliciting livestock for slaughtering, the meat products of which are directly or indirectly to be offered for resale or for public consumption. Packer includes an agent of the packer engaged in buying or soliciting livestock for slaughter on behalf of a packer. Packer does not include a cold storage plant or frozen food locker plant.
Source: SL 1999, ch 204, § 1.
40-15B-2. Price discrimination by packer prohibited--Exemption.
A packer purchasing or soliciting livestock for slaughter in this state may not discriminate in prices paid or offered to be paid to sellers of that livestock. This section does not apply to the sale and purchase of livestock if the following requirements are met:
(1) The price differential is based on the quality of the livestock, if the packer purchases or solicits the livestock based upon a payment method specifying prices paid for criteria relating to carcass merit; actual and quantifiable costs related to transporting and acquiring the livestock by the packer; or an agreement for the delivery of livestock at a specified date or time; and
(2) After making a differential payment to a seller, the packer publishes information relating to the differential pricing, including the payment method for carcass merit, transportation and acquisition pricing, and an offer to enter into an agreement for the delivery of livestock at a specified date or time according to the same terms and conditions offered to other sellers.
Source: SL 1999, ch 204, § 2.
40-15B-3. Terms and conditions to be uniform.
A packer shall provide all sellers with the same terms and conditions offered to a seller who receives a differential price based on any of the criteria described in § 40-15B-2.
Source: SL 1999, ch 204, § 3.
40-15B-4. Packer to report prices paid.
A packer shall, at the end of each day during which livestock are purchased or contracted, provide to the United States Department of Agriculture, agricultural market service livestock market news branch, and the South Dakota Department of Agriculture and Natural Resources, all prices paid for livestock, both contract and direct purchased, that day.
Source: SL 1999, ch 204, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-15B-5. Agreements in violation of provisions voidable--Violation as fraudulent.
Any agreement made by a packer in violation of §§ 40-15B-1 to 40-15B-8, inclusive, is voidable. Any packer acting in violation of this section is guilty of a fraudulent practice.
Source: SL 1999, ch 204, § 5.
40-15B-6. Attorney general to enforce provisions--Action to restrain violation--Civil action--Treble damages.
The attorney general shall enforce the provisions of §§ 40-15B-1 to 40-15B-8, inclusive, and the Department of Agriculture and Natural Resources shall refer any violations of these provisions to the attorney general. The attorney general or any person injured by a violation of these provisions may bring an action in circuit court to restrain a packer from violating these provisions. A seller who receives a discriminatory price or who is offered only a discriminatory price for livestock based upon a violation of these provisions by a packer has a civil cause of action against the packer and, if successful, shall be awarded treble damages.
Source: SL 1999, ch 204, § 6; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-15B-7. Packer to make available daily report of prices paid--Forms--Seller's identity not to be revealed--Penalties for violation.
Any packer shall make available for publication and to the Department of Agriculture and Natural Resources, a daily report setting forth information regarding prices paid for livestock, under each contract in force, in which the packer and a South Dakota resident are parties for the purchase of the livestock by the packer, and which sets a date for delivery more than twenty days after the making of the contract.
The reports shall be completed on forms prepared by the department for comparison with cash market prices for livestock according to procedures required by the department in rules promulgated pursuant to chapter 1-26. The report may not include information regarding the identity of a seller.
A failure of a packer to report as required by this section is punishable by a civil penalty not to exceed one thousand dollars for each day that a timely or truthful report is not published. The department shall refer to the attorney general any packer or packer's agent who the department believes is in violation of the provisions of §§ 40-15B-1 to 40-15B-8, inclusive. The attorney general may, upon referral from the department, file an action in circuit court to enforce these provisions.
Source: SL 1999, ch 204, § 7; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-15B-8. Certain acts by packers prohibited.
No packer, with respect to livestock, meats, meat food products, or livestock products in unmanufactured form, and no live poultry dealer with respect to live poultry, may:
(1) Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device;
(2) Make or give any undue or unreasonable preference or advantage to any particular person or locality in any respect whatsoever, or subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever;
(3) Sell or otherwise transfer to or for any other packer or any live poultry dealer, or buy or otherwise receive from or for any other packer or any live poultry dealer, any article for the purpose or with the effect of apportioning the supply between any such persons, if the apportionment has the tendency or effect of restraining commerce or of creating a monopoly;
(4) Sell or otherwise transfer to or for any other person, or buy or otherwise receive from or for any other person, any article for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce;
(5) Engage in any course of business or do any act for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce;
(6) Conspire, combine, agree, or arrange with any other person to apportion territory for carrying on business, or to apportion purchases or sales of any article, or to manipulate or control prices; or
(7) Conspire, combine, agree, or arrange with any other person to do, or aid and abet the doing of, any act made unlawful by subdivisions (1) to (5), inclusive, of this section.
Source: SL 1999, ch 205, § 2.
40-17-1
License required for rendering and pet food processing plant--Violation as
misdemeanor.
40-17-2
Application for rendering or pet food processing plant license.
40-17-3
Inspection of equipment, vehicles and place of business on application for license.
40-17-4
Issuance of license--Fee--Duration.
40-17-5
Acceptance of carcasses transported by others prohibited.
40-17-6
Licensed establishment's authority to transport diseased carcasses on highway.
40-17-7
Construction and covering of containers and vehicles used to transport carcasses.
40-17-8
Disinfection of exterior of vehicle before use of highway.
40-17-9
Disinfection of containers and vehicles before leaving rendering establishment.
40-17-9.1
Adoption of rules to implement this chapter.
40-17-10
Repealed.
40-17-1. License required for rendering and pet food processing plant--Violation as misdemeanor.
No person may operate a rendering or pet food processing plant, to which carcasses of domestic animals which are not intended for human consumption are brought or delivered, without a license. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 40.1101; SL 1977, ch 190, § 501; SL 1986, ch 340, § 1; SL 1990, ch 325, § 306; SL 1991, ch 186, § 16.
40-17-2. Application for rendering or pet food processing plant license.
Any person who operates a rendering or pet food processing plant within the State of South Dakota shall file with the Animal Industry Board an application for a license to operate subject to the provisions of this chapter and the rules of the Animal Industry Board.
Source: SDC 1939, § 40.1102; SL 1986, ch 340, § 2; SL 1990, ch 325, § 307.
40-17-3. Inspection of equipment, vehicles and place of business on application for license.
Upon the receipt of an application pursuant to § 40-17-2, the Animal Industry Board shall inspect any establishment for which license is requested, including its equipment, vehicles, and manner of the conduct of its business with reference and due regard to the dangers of disease transmission and dissemination.
Source: SDC 1939, § 40.1103; SL 1990, ch 325, § 308.
40-17-4. Issuance of license--Fee--Duration.
If the inspection required by § 40-17-3 fails to reveal any danger of disease transmission, the Animal Industry Board shall issue the license applied for upon payment of a fee of twenty-five dollars. Such license shall remain valid for a period of one year from the date of issue or until sooner revoked for cause by the board.
Source: SDC 1939, § 40.1103; SL 1990, ch 325, § 309.
40-17-5. Acceptance of carcasses transported by others prohibited.
No rendering or pet food processing plant may receive or accept a carcass of a diseased animal which has been transported to the plant by any person other than the authorized agents and employees of the rendering or pet food processing plant.
Source: SDC 1939, § 40.1105; SL 1977, ch 190, § 502; SL 1986, ch 340, § 3.
40-17-6. Licensed establishment's authority to transport diseased carcasses on highway.
A rendering or pet food processing plant, licensed under the provisions of this chapter, may transport over any public highway the carcasses of domestic animals which have died of disease, subject to the conditions and limitations set forth in §§ 40-17-7 to 40-17-9, inclusive.
Source: SDC 1939, § 40.1104; SL 1986, ch 340, § 4.
40-17-7. Construction and covering of containers and vehicles used to transport carcasses.
For the purpose of transportation of carcasses pursuant to § 40-17-6, the carcasses shall be placed in containers or vehicles which are constructed of, or lined with, impervious material, and which do not permit the escape of any liquid and which are covered in such a way that the contents are not accessible to flies or other insects.
Source: SDC 1939, § 40.1104 (1); SL 1990, ch 325, § 310.
40-17-8. Disinfection of exterior of vehicle before use of highway.
Upon leaving the premises where any carcass being transported pursuant to § 40-17-6 is found and before entering the public highway, the exterior of the vehicle transporting the carcass shall be disinfected in a manner prescribed by the Animal Industry Board.
Source: SDC 1939, § 40.1104 (3); SL 1990, ch 325, § 311.
40-17-9. Disinfection of containers and vehicles before leaving rendering establishment.
Containers and vehicles used in the transportation of carcasses pursuant to § 40-17-6 shall be disinfected, in a manner prescribed by the Animal Industry Board, each time before leaving the establishment named in the license.
Source: SDC 1939, § 40.1104 (2); SL 1990, ch 325, § 312.
40-17-9.1. Adoption of rules to implement this chapter.
For the purpose of implementing this chapter, the Animal Industry Board may adopt reasonable rules:
(1) Establishing the application requirements for a rendering or pet food processing plant license;
(2) Establishing requirements for the transportation, processing, and disposal of carcasses;
(3) Establishing and assuring licensee compliance with operating and sanitation standards for all plant facilities, including vehicles used for the transportation of carcasses;
(4) Establishing plant management and record keeping requirements;
(5) Establishing the procedure to be followed when the State Animal Industry Board refuses to issue or revokes a license and the procedure for appealing a board decision; and
(6) Governing reciprocal agreements between this state and other states regarding the licensing and operation of rendering and pet food processing plants.
The rules shall be promulgated in accordance with chapter 1-26.
Source: SL 1986, ch 340, § 5; SL 1990, ch 325, § 313.
CHAPTER 40-18
STATE BRAND BOARD
40-18-1 Composition of board--Nomination and appointment of members.
40-18-1.1 Board attached to Department of Agriculture and Natural Resources for reporting--Function retained--Appointment of staff director.
40-18-1.2 Definitions.
40-18-2 Qualification of board members.
40-18-3 Terms of appointment to board--Vacancies.
40-18-4 40-18-4. Repealed by SL 1971, ch 23, § 2
40-18-5 Quorum of board--Vote required for action.
40-18-6 Office of board.
40-18-7 President and vice president of board.
40-18-8 General duties of staff director--Call of meetings.
40-18-9 Employment of other persons by board--Compensation--Expenditures.
40-18-10 Designation of private or nonprofit corporation for provision of ownership inspection--Terms of contract.
40-18-10.1 Agreements with other states for livestock ownership inspection.
40-18-11 Bond required of custodian of board funds.
40-18-12 Seal of board.
40-18-13 Administration of marking and branding laws.
40-18-14 Employment of law enforcement officers--Enforcement of marking and branding laws--Hiring of additional inspectors.
40-18-15 Ownership inspection on transportation of livestock.
40-18-16 Promulgation of rules.
40-18-17 Board to provide for brand registration, livestock inspection, and enforcement of laws.
40-18-18 Annual report to Senate and House committees.
40-18-19 Arrest for violation of chapters 40-19 to 40-22 or 40-29--Promise to appear--Bond--Violation as misdemeanor.
40-18-20 Inspection outside livestock ownership inspection area.
40-18-1. Composition of board--Nomination and appointment of members.
The State Brand Board shall consist of five members appointed by the Governor and confirmed by the Senate. Statewide nonprofit agricultural organizations or other interested persons, may submit nominations to the Governor.
Source: SDC 1939, § 40.1201; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1976, ch 252, § 1; SL 1988, ch 328, § 2; SL 2004, ch 259, § 1, eff. Mar. 16, 2003; SL 2009, ch 202, § 2.
40-18-1.1. Board attached to Department of Agriculture and Natural Resources for reporting--Function retained--Appointment of staff director.
The board is attached to the Department of Agriculture and Natural Resources for reporting purposes. It shall retain all its prescribed functions including administrative functions. The board shall appoint a staff director to serve at its pleasure.
Source: SL 1973, ch 2, § 37; SL 1974, ch 3, § 14; SL 1977, ch 321, § 3; SL 1988, ch 328, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-18-1.2. Definitions.
Terms used in chapters 40-18 to 40-22, inclusive, and 40-29 mean:
(1) "Agency," any private or nonprofit corporation, or its employees, incorporated under state law, designated by the board as its authorized agent to carry out the functions contracted for by the board to inspect livestock for ownership identification purposes;
(2) "Approved brand," any brand accepted for registration by the board;
(3) "Authorized bill of sale," any limited use form approved by the board to transfer ownership of livestock;
(4) "Board," the South Dakota State Brand Board;
(5) "Brand ownership period," the five-year time period during which brands are valid if the fees are paid;
(6) "Carrier," any person in charge of a conveyance which transports livestock;
(7) "Conflicting brand," any brand which is a duplicate of, or is similar to, or may be altered to resemble, a registered brand;
(8) "Conveyance," any vehicle used to transport livestock;
(9) "Estray," any unclaimed cattle, horse, mule, sheep, or buffalo the ownership of which is in question;
(10) "Evidence of ownership," any authorized bill of sale, market clearance, local inspection, health certificate, current registration papers, court order, or other official document or in lieu thereof an affidavit of ownership;
(11) "Healed brand," a brand that has shed the scab and for which the healing process is complete;
(12) "Hold," the possession of livestock or the possession of the proceeds from the sale of livestock for purposes of establishing ownership;
(13) "Hot iron," a metal instrument heated and used to brand livestock;
(14) "Inspect," to examine livestock for the purpose of determining ownership;
(15) "Inspector," any person who is authorized by the board to perform ownership inspection of livestock;
(16) "Livestock," cattle, horses, and mules;
(17) "Local ownership inspection certificate," an ownership inspection certificate of livestock ownership issued by a brand inspector at any point outside the auction market;
(18) "Market clearance," an inspection certificate of ownership for livestock issued by a brand inspector at a South Dakota livestock auction market;
(19) "Open market," any livestock market or shipping point where ownership inspection is conducted by written agreement with the board;
(20) "Owner," the person to whom a recorded brand is registered or who owns cattle, horses, mules, sheep, or buffalo;
(21) "Process," to cut and wrap a livestock carcass for human consumption;
(22) "Producer," any person engaged in the raising of livestock;
(23) "Recordable brand," any brand acceptable for registration;
(24) "Recorded brand," any brand registered with the board;
(25) "Registered brand," any recorded brand for which the fees are currently paid;
(26) "Seller," any person offering for sale or selling livestock;
(27) "Selling agent," any person engaged in livestock commerce;
(28) "Shipper," any person making delivery of livestock to a market or shipping point;
(29) "Shipper's permit," any permit to transport livestock to a market or point approved by the board;
(30) "Slaughter," the killing of livestock for processing for human consumption;
(31) "Split brands," any brand parts of which are applied on more than one location of an animal;
(32) "Tally," any board-approved form used by inspectors to list and describe livestock;
(33) "Trail," to herd or drive livestock from place to place without conveyance; and
(34) "Transport," to carry by conveyance.
Source: SL 1988, ch 328, § 1; SL 1992, ch 288, § 2; SL 2002, ch 190, § 1; SL 2020, ch 178, § 1, eff. Mar. 9, 2020.
40-18-2. Qualification of board members.
At least three of the five members of the board shall be persons who derive the major portion of their income from the livestock business and who are owners of brands duly recorded with the board. At least three of the five members of the board shall reside in the livestock ownership inspection areas. No appointed member may act as a member of the board while holding an elective or appointive state or federal office. No more than three of the members shall be of any one political party.
Source: SDC 1939, § 40.1201 as added by SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1973, ch 2, § 38; SL 1976, ch 252, § 2; SL 1988, ch 328, § 4; SL 2004, ch 259, § 2.
40-18-3. Terms of appointment to board--Vacancies.
Appointments to the board shall be made for terms of three years expiring on the first Monday in January in each year. In case of vacancy prior to expiration of a term, appointment shall be made for the balance of the unexpired term only. However, the initial appointments to be made pursuant to SL 2004, ch 259 shall be made for staggered terms of one, two, two, three, and three years.
Source: SDC 1939, § 40.1201; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1976, ch 252, § 3; SL 1988, ch 328, § 5; SL 2004, ch 259, § 3.
40-18-5. Quorum of board--Vote required for action.
Three members of the board shall constitute a quorum for the transaction of business, but the affirmative vote of three members of the board is required to adopt any motion or resolution.
Source: SDC 1939, § 40.1201 as added by SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1976, ch 252, § 4; SL 1988, ch 328, § 6.
40-18-6. Office of board.
The board shall maintain an office in Pierre.
Source: SDC 1939, § 40.1201; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1988, ch 328, § 7.
40-18-7. President and vice president of board.
The board shall elect from its members a president and vice president each year, who may vote on all matters before the board.
Source: SL 1943, ch 142, § 2; SDC Supp 1960, § 40.1201-1; SL 1988, ch 328, § 8.
40-18-8. General duties of staff director--Call of meetings.
The staff director shall keep a record of all proceedings, transactions, communications, and official acts of the board, shall be custodian of all records of the board and shall perform such other duties as the board may require. The staff director shall call a meeting of the board at the direction of the president or upon the written request of three or more members of the board.
Source: SL 1943, ch 142, § 4; SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1969, ch 167, § 1; SL 1988, ch 328, § 9.
40-18-9. Employment of other persons by board--Compensation--Expenditures.
The board may, pursuant to chapter 3-6D, employ persons as the board deems necessary to properly carry out the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29, under the supervision and control of the board. The board may fix the salaries and compensation of the persons employed and may make expenditures as necessary to carry out the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29.
Source: SL 1943, ch 142, § 4; SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1988, ch 328, § 10; SL 2018, ch 12, § 22.
40-18-10. Designation of private or nonprofit corporation for provision of ownership inspection--Terms of contract.
The board may designate as an agency for the carrying on of livestock ownership inspection work a private or nonprofit corporation, and fix the compensation. Any contract entered into for the provision of livestock ownership inspection work shall contain provisions requiring a separate accounting of all income received and expenses paid by the agency based on such contract. Such accounting information shall be available to the public upon request to the board.
Source: SL 1943, ch 142, § 4; SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1969, ch 167, § 2; SL 1977, ch 321, § 4; SL 1982, ch 18, § 137; SL 1988, ch 328, § 11.
40-18-10.1. Agreements with other states for livestock ownership inspection.
The board may enter into reciprocal agreements or contracts with an agency of any other state, which provides livestock ownership inspection.
Source: SL 1943, ch 142, § 5; SDC Supp 1960, § 40.1201-3; SL 1988, ch 328, § 12.
40-18-11. Bond required of custodian of board funds.
Any person employed or contracted with by the board who collects or is the custodian of any funds, shall furnish a surety bond, the amount and conditions of which shall in each case be prescribed by the board.
Source: SDC 1939, §§ 40.1201, 40.1203; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1988, ch 328, § 13.
40-18-12. Seal of board.
The board shall adopt a seal which shall contain among other things the words: "South Dakota State Brand Board." Brand certificates and any other official certificates and documents of the board shall bear the seal of the board.
Source: SDC 1939, § 40.1202; SL 1988, ch 328, § 14.
40-18-13. Administration of marking and branding laws.
The board shall administer chapters 40-18 to 40-22, inclusive, chapter 40-29 and any rules promulgated pursuant thereto.
Source: SDC 1939, §§ 40.1201, 40.1203; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1988, ch 328, § 15.
40-18-14. Employment of law enforcement officers--Enforcement of marking and branding laws--Hiring of additional inspectors.
The board may employ four certified law enforcement officers for the purpose of enforcing the provisions of chapters 40-19 to 40-22, inclusive, and chapter 40-29. This section does not restrict the board from hiring inspectors, who are not law enforcement officers.
Source: SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1969, ch 167, § 3; SL 1977, ch 321, § 5; SL 1984, ch 269, § 1; SL 1988, ch 328, § 16; SL 2011, ch 1 (Ex. Ord. 11-1), § 160, eff. Apr. 12, 2011; SL 2020, ch 178, § 2, eff. Mar. 9, 2020.
40-18-15. Ownership inspection on transportation of livestock.
The board may inspect all livestock moved within the South Dakota livestock ownership inspection area and all livestock leaving the South Dakota livestock ownership inspection area for the purpose of determining the proper ownership and brands, if any, of such livestock and shall have general charge, supervision, and custody of all instruments, records, and files in connection with such ownership inspection activities.
Source: SL 1943, ch 142, § 2; SDC Supp 1960, § 40.1201-1; SL 1988, ch 328, § 17.
40-18-16. Promulgation of rules.
The board may promulgate rules, pursuant to chapter 1-26, to:
(1) Describe prohibited brand symbols for various types of livestock and identify locations on animals where a brand is permitted;
(2) Provide for the registration, transfer, and renewal of livestock brands;
(3) Establish a brand registration fee not to exceed fifty dollars;
(4) Establish a brand renewal fee not to exceed eighteen dollars per year or a brand renewal fee not to exceed ninety dollars for each five-year ownership period and a brand transfer fee not to exceed fifty dollars;
(5) Establish an ownership inspection fee not to exceed one dollar for each head of livestock;
(6) Establish recordable livestock brands;
(7) Establish law enforcement, ownership inspection, and transportation requirements within or without the ownership inspection area;
(8) Establish a duplicate certificate fee not to exceed twenty dollars;
(9) Establish a mileage fee for inspectors not to exceed the rate set pursuant to § 3-9-1;
(10) Establish an inspection fee for livestock located outside the ownership inspection area not to exceed one dollar for each head of livestock; and
(11) Establish a brand registration application fee not to exceed fifty dollars.
Source: SL 1943, ch 142, § 6; SDC Supp 1960, § 40.1201-4; SL 1974, ch 272, § 1; SL 1982, ch 18, § 138; SL 1988, ch 328, § 18; SL 1991, ch 334; SL 1992, ch 288, § 1; SL 1993, ch 307, § 1; SL 1999, ch 207, § 1; SL 1999, ch 208; SL 2008, ch 212, § 1; SL 2018, ch 247, § 2; SL 2019, ch 183, § 1; SL 2024, ch 20, § 17.
40-18-17. Board to provide for brand registration, livestock inspection, and enforcement of laws.
The Brand Board shall provide for the registration of livestock brands, for the inspection of livestock for ownership identification purposes, and for the enforcement of laws pertaining to the inspection, sale, branding, ownership, transportation, and theft of livestock within the ownership inspection area and the state.
Source: SL 1999, ch 206, § 1.
40-18-18. Annual report to Senate and House committees.
The State Brand Board shall make an annual report to the Senate and House Committees on Agriculture and Natural Resources and to the Senate and House Government Operations and Audit Committees. The report shall describe and document the activities of the board for the previous calendar year and shall include the following:
(1) The number and type of livestock that have been inspected during the previous calendar year under the auspices of the board;
(2) The amount collected in inspection fees for the previous calendar year;
(3) The number and type of livestock that have been reported lost or stolen during the previous calendar year;
(4) The number and type of livestock that were placed on hold status pursuant to § 40-21-12 during the previous calendar year if the hold status was not resolved at the livestock auction market and if the hold status was reported to the Brand Board office by the livestock auction market, and the disposition of such cases;
(5) An accounting for any money paid to owners of livestock that had been placed on hold status;
(6) An accounting for livestock for which ownership is not established and for any money associated with such livestock that is placed in the livestock ownership inspection and theft prevention fund pursuant to § 40-21-17;
(7) The number of investigations conducted and the number of convictions obtained;
(8) Other information requested by the committee or other information that the board deems appropriate to provide to the committee.
The report is due, in writing, for delivery to the committees not later than the first day of the annual legislative session. Each committee may also require the board to present the report in person at a meeting of the committee held during the legislative session.
Source: SL 2009, ch 202, § 1.
40-18-19. Arrest for violation of chapters 40-19 to 40-22 or 40-29--Promise to appear--Bond--Violation as misdemeanor.
If a resident of this state is arrested for a violation of any provision of chapters 40-19 to 40-22, inclusive, or any provision of chapter 40-29, punishable as a misdemeanor, the arresting officer shall take the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the person from custody upon receiving from the person a written promise to appear at the time and place designated by the officer. A nonresident arrested for a violation of chapters 40-19 to 40-22, inclusive, or any provision of chapter 40-29, punishable as a misdemeanor, may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
The officer shall utilize a uniform form approved by the attorney general for complaints and summons regarding a violation of any provision of chapters 40-19 to 40-22, inclusive, or the provisions of chapter 40-29, punishable as a misdemeanor.
Source: SL 2014, ch 195, § 1.
40-18-20. Inspection outside livestock ownership inspection area.
If requested, the board may inspect livestock in this state located outside the livestock ownership inspection area.
Source: SL 2018, ch 247, § 1.
40-19-1
Use of unregistered brand as misdemeanor.
40-19-2
Exclusive right to use brand after registration.
40-19-2.1
Placement of brand.
40-19-3
Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep.
40-19-4
Filing of application for brand--Facsimile included.
40-19-5
Application form--Notice if brand recordable--Fees.
40-19-6
Registration of brand--Certificate of registration.
40-19-7
Rejection of brands by board--Grounds--Composition of brands--Location on animal
as part of brand.
40-19-8
Repealed.
40-19-9
Rejection of brand adding symbol to existing brand--Exception.
40-19-10
Repealed.
40-19-10.1
Permit required for cattle branded with out-of-state brand--Cattle purchased for
export--Violation as misdemeanor.
40-19-11
Registration of brands approved--Preservation of applications on certificates--Registration and renewal fees.
40-19-12
Five-year renewal of brands--Renewal fee.
40-19-13
Abandonment of brand by failure to renew.
40-19-13.1
Cancellation of certificate paid for with bad check.
40-19-14
Rerecording of cancelled brand by previous owner.
40-19-15
Change of registration on receipt of bill of sale--Fees for recording transfers--Certain
brands not to be transferred to separate owners.
40-19-16
Replacement of lost or destroyed certificate--Affidavit--Fee.
40-19-17
Cancellation of brand conflicting with previous brand.
40-19-18
Cancellation of brand used for felony or theft.
40-19-19
Replacement brand for canceled brand--Application--No assessment of fee.
40-19-20
Conflict by unrecorded brand--Statement by users of registered brand--Notice and
hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor.
40-19-21
Unlawful use of brand as misdemeanor.
40-19-22
Fees paid into brand fund--Purposes for which used.
40-19-23
Administrative expenses paid from brand fund--Vouchers and warrants--Publication
and sale of brand books and supplements.
40-19-23.1
Brand board activities.
40-19-24
Registered brand as prima facie evidence of ownership--Copy of register as proof of
brand.
40-19-25
Misuse or alteration of brand as felony.
40-19-26
Property rights unimpaired.
40-19-27
Repealed.
40-19-1. Use of unregistered brand as misdemeanor.
It is a Class 1 misdemeanor to hot iron brand any domestic animal or other livestock or to otherwise use any recordable brand, unless the brand is valid as provided by law and is registered in the name of the user with the Office of the State Brand Board.
Source: SDC 1939, §§ 40.1208, 40.9910; SL 1951, ch 199, § 1; SL 1977, ch 190, § 504; SL 1984, ch 269, § 2; SL 1992, ch 288, § 3.
40-19-2. Exclusive right to use brand after registration.
Any person may apply for a brand and use that brand exclusively in this state after registering the brand and by renewing it as provided in this chapter.
Source: SDC 1939, § 40.1204; SL 1984, ch 269, § 3; SL 1988, ch 328, § 19.
40-19-2.1. Placement of brand.
Hot iron brands may be placed on the right or left shoulder, rib, or hip of cattle, on the right or left shoulder or hip of horses and mules, on the right or left jaw of horses, on the nose or jaw of sheep and on the rib or hip of buffalo. No brand may be recorded for ownership identification purposes on either the left or right jaw of cattle. No brand may be recorded on the ribs of horses or mules.
Source: SL 1987, ch 296, § 1; SL 1988, ch 328, § 20.
40-19-3. Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep.
The branding of cattle, horses, mules, and buffalo shall be done by use of a hot iron. A freeze brand may, however, be applied to horses and mules. A single letter, number, figure, bar, quarter circle, half circle, or complete circle, or a half diamond, or complete diamond placed on livestock are unrecordable brands under this chapter, including new split-brands. However, presently recorded brands are valid as long as fees are paid and there is no conflict with board policy.
A single letter, symbol, or number brand is recordable for sheep. A sheep brand shall be either a hot iron brand or shall be applied with branding paint. No more than two colors or one color and a hot iron brand may be recorded for sheep under one application fee. Authorized paint colors are yellow, blue, green, black, red, or purple. No dot, bar, slash, quarter circle, circle, or the letter "Q" may be registered as a sheep brand. A brand may be recorded for the side, hip, nose, or jaw on either the left or right side of sheep. No brand may be recorded as "across the back" of a sheep. A sheep brand, regardless of position, is only recordable in a different color on the same location.
Source: SDC 1939, § 40.1208; SL 1951, ch 199, § 1; SL 1984, ch 269, § 4; SL 1987, ch 296, § 2; SL 1988, ch 328, § 21; SL 1998, ch 251, § 1; SL 2002, ch 190, § 2.
40-19-4. Filing of application for brand--Facsimile included.
Any person desiring to use or adopt any recordable brand for livestock ownership identification purposes shall make and sign an application setting forth a facsimile of the brand desired and file the application for registration in the office of the board.
Source: SDC 1939, § 40.1205; SL 1949, ch 145, § 1; SL 1967, ch 159; SL 1988, ch 328, § 22; SL 1999, ch 206, § 2.
40-19-5. Application form--Notice if brand recordable--Fees.
An application for a registered brand shall be submitted on a form provided by the board. Applications shall be processed in the order of their receipt and the applicant shall be notified if the brand is recordable and of the fees due for registration.
Source: SDC 1939, § 40.1205; SL 1949, ch 145, § 1; SL 1967, ch 159; SL 1988, ch 328, § 23; SL 1999, ch 206, § 3.
40-19-6. Registration of brand--Certificate of registration.
If the brand is recordable, the board shall register the brand upon payment of the required fees and shall issue a certificate of registration. Ownership of a brand begins on the date of registration.
Source: SDC 1939, § 40.1206; SL 1988, ch 328, § 24; SL 1999, ch 206, § 4.
40-19-7. Rejection of brands by board--Grounds--Composition of brands--Location on animal as part of brand.
The board shall reject any brands formed from any letter, number, or symbol which is a duplicate of, or in conflict with, any brand previously registered for that location on an animal. Any brand approved for registration shall be composed from the combination of no less than two and no more than three letters, numbers, or symbols, except for sheep. Only the following may be accepted for registration:
(1) Letters A to P and R to Z, in the plain gothic style of print;
(2) Arabic numerals from two to nine, inclusive;
(3) Symbols, including diamond, half diamond, arrow, mill iron, heart, box, half box, quarter circle, bar, cross, triangle, or slash;
(4) Character brands that were cancelled by the board for nonrenewal, but only if registered by the person who owned the brand at the time it was cancelled, or if the person is deceased, by the spouse or by the lineal descendants of the person.
Any brand that is similar to any previously registered brand or that in the board's determination could be changed to resemble a previously registered brand may be rejected. Location of a brand on an animal is construed as part of the brand. A variation in the size of a letter, number, or figure does not constitute a new brand and shall be rejected.
Source: SDC 1939, § 40.1209; SL 1951, ch 199, § 2; SL 1984, ch 269, § 5; SL 1988, ch 328, § 25; SL 2006, ch 212, § 1; SL 2007, ch 234, § 1.
40-19-9. Rejection of brand adding symbol to existing brand--Exception.
The board shall reject any brand that has, in addition to being the same as one previously registered, any of the following marks, whether placed across, above, below, at either side or encircling the main brand: a straight bar, a quarter, half or entire circle, half or entire diamond, unless one or more of such marks is filed by the current owner of the first registered brand, in which case it may be accepted.
Source: SDC 1939, § 40.1212; SL 1988, ch 328, § 27.
40-19-10.1. Permit required for cattle branded with out-of-state brand--Cattle purchased for export--Violation as misdemeanor.
No person may bring cattle branded with a brand registered in another state into the ownership inspection area for grazing or feeding purposes without a permit authorized by the board. If the brand is a duplicate of or conflicts with a brand issued pursuant to this chapter, a permit may only be issued at the discretion of the board. No permit is required if the cattle are rebranded with a brand registered pursuant to this chapter. The application for a permit shall be on a form approved by the board and shall be signed by the owner of the cattle. Any calves born to cattle which are subject to the permit may be branded with the out-of-state brand upon prior written notice to the board. The calves shall be added to the permit. No cattle or calves subject to the permit may be removed from the ownership inspection area, sold, or slaughtered without an ownership inspection.
No person may brand any cattle imported into or purchased within the ownership inspection area for feeding purposes with a brand registered in another state without a permit authorized by the board. No permit may be issued if the brand is a duplicate of or conflicts with a brand issued pursuant to this chapter. The application for a permit shall be signed by the owner of the cattle. No cattle subject to the permit may be removed from the ownership inspection area, sold, or slaughtered without an ownership inspection.
Cattle purchased at a licensed livestock auction market in the ownership inspection area may be branded with the owner's out-of-state brand if the cattle are branded at the market, are purchased for export from the state within two calendar days of purchase, and an authorization form is obtained from the board prior to branding the cattle.
A violation of this section is a Class 1 misdemeanor.
Source: SL 2006, ch 213, § 1; SL 2009, ch 203, § 1.
40-19-11. Registration of brands approved--Preservation of applications on certificates--Registration and renewal fees.
Any brand approved by the board shall be registered, and the board shall keep and maintain a register of any application filed and certificate issued relating to a brand. Any person desiring to have a brand registered shall remit to the board a fee pursuant to § 40-18-16, for each brand. In addition to the registration fee, any person registering a brand shall remit to the board a renewal fee pursuant to § 40-18-16.
Source: SDC 1939, §§ 40.1206, 40.1207; SL 1949, ch 145, § 2; SL 1964, ch 113; SL 1967, ch 160; SL 1975, ch 260, § 1; SL 1986, ch 341, § 1; SL 1988, ch 328, § 29.
40-19-12. Five-year renewal of brands--Renewal fee.
Each registered brand is subject to renewal on January first in years ending in zero and five. Each brand owner shall pay to the board a renewal fee pursuant to § 40-18-16.
Source: SDC 1939, § 40.1207 as added by SL 1949, ch 145, § 2; SL 1964, ch 113; SL 1967, ch 160; SL 1975, ch 260, § 2; SL 1986, ch 341, § 2; SL 1988, ch 328, § 30.
40-19-13. Abandonment of brand by failure to renew.
Any registered brand which is not renewed within one hundred twenty days after January first as provided for in § 40-19-12 is deemed abandoned by its owner, is canceled, and may not be renewed.
Source: SDC 1939, § 40.1214; SL 1949, ch 145, § 3; SL 1967, ch 161; SL 1972, ch 217, § 1; SL 1986, ch 341, § 3; SL 1988, ch 328, § 31; SL 1997, ch 231, § 1.
40-19-13.1. Cancellation of certificate paid for with bad check.
The board may cancel any certificate issued pursuant to this chapter if the registration fee, renewal fee, or transfer fee is paid by an insufficient funds or no-account check.
Source: SL 1990, ch 326, § 1.
40-19-14. Rerecording of cancelled brand by previous owner.
During the first two years following the current brand ownership period, only the previous owner may apply for a brand canceled under § 40-19-13. If the brand is recordable, the previous owner may register the brand by paying the registration fee and a two hundred dollar rerecord fee. If the brand was registered before cancellation, the brand is recordable and the previous owner may register the brand by paying the registration fee and a two hundred dollar rerecord fee. During the two years following the current brand ownership period, it is not a violation of § 40-19-21:
(1) If the previous owner sells livestock bearing the canceled brand; or
(2) If the previous owner brands livestock with the canceled brand before becoming aware of the cancellation.
Source: SDC 1939, § 40.1214 as added by SL 1967, ch 161; SL 1972, ch 217, § 2; SL 1986, ch 341, § 4; SL 1988, ch 328, § 32; SL 1991, ch 24, § 13; SL 1992, ch 288, § 4; SL 1997, ch 231, § 2; SL 2006, ch 214, § 1; SL 2019, ch 183, § 2.
40-19-15. Change of registration on receipt of bill of sale--Fees for recording transfers--Certain brands not to be transferred to separate owners.
The board shall change the name of the owner of registered brands upon receipt of a legally executed bill of sale. The board shall charge a transfer fee pursuant to § 40-18-16. If an owner has recorded an identical brand for both shoulder and rib locations on one side of any livestock, the brands may not be transferred separately to different owners. A separate fee is required for each brand location if transferred.
Source: SDC 1939, §§ 40.1207, 40.1215; SL 1949, ch 145, § 2; SL 1949, ch 146; SL 1964, ch 113; SL 1967, ch 160; SL 1975, ch 260, § 3; SL 1986, ch 341, § 5; SL 1988, ch 328, § 33.
40-19-16. Replacement of lost or destroyed certificate--Affidavit--Fee.
The board shall issue a duplicate brand certificate in case of loss or destruction of the original certificate upon receipt of an affidavit signed by the owner and notarized describing the brand. The board shall charge a fee pursuant to § 40-18-16.
Source: SDC 1939, §§ 40.1207, 40.1215; SL 1949, ch 145, § 2; SL 1949, ch 146; SL 1964, ch 113; SL 1967, ch 160; SL 1975, ch 260, § 4; SL 1986, ch 341, § 6; SL 1988, ch 328, § 34.
40-19-17. Cancellation of brand conflicting with previous brand.
The board may cancel from record any brand which has been registered in conflict with a previously recorded brand or which is a duplicate thereof.
Source: SDC 1939, § 40.1210; SL 1965, ch 168; SL 1988, ch 328, § 35.
40-19-18. Cancellation of brand used for felony or theft.
The board may cancel from record any brand owned and used by any person to perpetrate any felony or theft of cattle, horses, mules, sheep, and buffalo.
Source: SDC 1939, § 40.1210 as added by SL 1965, ch 168; SL 1984, ch 269, § 6; SL 1988, ch 328, § 36.
40-19-19. Replacement brand for canceled brand--Application--No assessment of fee.
If a brand is canceled as provided in § 40-19-17, the owner of the brand may select a replacement brand that does not conflict with any other brands of record. The owner may apply for a replacement brand as though he is applying for a new brand except that no new brand fee may be assessed for the brands.
Source: SDC 1939, § 40.1210; SL 1965, ch 168; SL 1984, ch 269, § 7.
40-19-20. Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor.
If any brand conflicts with another person's registered brand, the person using the registered brand may file a written statement with the board showing the brand which conflicts with his registered brand. The board shall notify the person accused of using such conflicting brand, by certified or registered mail. The person upon whom such notification is served may appear in person before the board or present a statement to the board explaining how the unrecorded brand is not an infringement upon or in conflict with the registered brand. If the board decides that the unrecorded or last registered brand conflicts with the first registered brand, a notice shall be served upon the person using the unrecorded or last recorded brand to discontinue its use within thirty days from the receipt of such notice. Any person failing to comply with the provisions of this section is liable for all damages resulting from such failure and is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 40.1211; SL 1943, ch 143; SL 1977, ch 190, § 505; SL 1988, ch 328, § 37; SL 1991, ch 24, § 14.
40-19-21. Unlawful use of brand as misdemeanor.
Any person who uses a brand upon cattle, horses, mules, sheep, or buffalo which has been canceled, continues to use a brand upon cattle, horses, mules, sheep, or buffalo after it has been rejected, or uses any recordable brand upon cattle, horses, mules, sheep, or buffalo without first registering it is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 40.9912; SL 1967, ch 169; SL 1977, ch 190, § 506; SL 1984, ch 269, § 8; SL 1988, ch 328, § 38.
40-19-22. Fees paid into brand fund--Purposes for which used.
Fees required by §§ 40-19-11, 40-19-12, 40-19-15, and 40-19-16 shall be collected by the board and be paid into the state treasury to the credit of the brand fund, which fund shall not at any time revert to the general fund of the state or be diverted to any other purposes than those stated in this chapter, or chapters 40-20 and 40-21.
Source: SDC 1939, § 40.1207; SL 1949, ch 145, § 2; SL 1964, ch 113; SL 1967, ch 160; SL 1988, ch 328, § 39.
40-19-23. Administrative expenses paid from brand fund--Vouchers and warrants--Publication and sale of brand books and supplements.
All expenses for salary of employees, per diem and traveling expenses of members of the board, books, records, files, and office equipment necessary for the maintenance of a permanent system of brand registration, rerecording, and renewals as provided for in this chapter, and the execution and enforcement of the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29 shall be allowed upon vouchers approved by the board and warrants issued therefor by the state auditor, and paid out of the brand fund by the state treasurer.
The expenses referred to in this section include the expense of printing brand books and supplements sold for a price to be fixed by the board at not less than cost. The receipts from such sales shall be paid to the state treasurer and shall be deposited in the brand fund.
Source: SDC 1939, § 40.1218; SL 1949, ch 145, § 4; SL 1953, ch 212; SL 1988, ch 328, § 40.
40-19-23.1. Brand board activities.
The board may:
(1) Contract and cooperate with any person, organization, or governmental department or agency for education, research, theft prevention, and carrying out the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29;
(2) Expend the funds collected pursuant to chapters 40-19, 40-21, and 40-29, and appropriated for their administration; and
(3) Accept donations of funds, property, services, or other assistance from public or private sources to carry out the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29; and
(4) Develop and disseminate information relating to the purpose of livestock ownership inspection and theft prevention.
Source: SL 1990, ch 327, §§ 1, 2.
40-19-24. Registered brand as prima facie evidence of ownership--Copy of register as proof of brand.
In any action or proceeding at law or in equity, if the title to any cattle, horses, mules, sheep, or buffalo is involved, the brand on any animal shall be prima facie evidence of the ownership of the person whose brand it may be, if such brand is currently registered and renewed as provided by law. Proof of the right of any person to use any brand shall be made by a copy of the register of the same, certified in all cases of brands registered under this chapter, by the board.
Source: SDC 1939, § 40.1216; SL 1988, ch 328, § 41.
40-19-25. Misuse or alteration of brand as felony.
Any person who, with intent to defraud, brands or marks any cattle, horse, sheep, buffalo, or mule, not his own; intentionally brands over a previous brand or in any manner alters, defaces, or obliterates a previous brand; or cuts out or obliterates a previous brand on any cattle, horse, sheep, buffalo, or mule is guilty of a Class 5 felony.
Source: SDC 1939, § 40.9911; SL 1967, ch 168; SL 1977, ch 190, § 507; SL 1984, ch 269, § 9; SL 1988, ch 328, § 42.
40-19-26. Property rights unimpaired.
Nothing in this chapter shall be so construed as in any manner to impair the property rights of any owner of livestock in this state.
Source: SDC 1939, § 40.1217.
CHAPTER 40-20
LIVESTOCK OWNERSHIP INSPECTION AREA
40-20-1 Counties included in inspection area.
40-20-2 Petition for addition of county contiguous to ownership inspection area--Discretion of board--Minimum area added.
40-20-3 Withdrawal of county from inspection area by petition--Minimum area withdrawing.
40-20-4 Inspection and certificate required for removal of livestock from ownership inspection area--Violation as misdemeanor--Impoundment--Venue.
40-20-4.1 Permit to move livestock from area--Duration of permit--Fee--Permit to transport horses and mules.
40-20-4.2 Inspection of livestock while in or on conveyance--Penalty.
40-20-4.3 Inspector prohibited from inspecting own livestock--Violation as misdemeanor.
40-20-4.4 Rodeo livestock--Alternative brand inspection procedures.
40-20-5 Livestock ownership inspection area dividing ranch--Movement of livestock without inspection.
40-20-6 Ownership inspection not required for transportation or trailing to open market.
40-20-7 Authorization for transportation to open market or slaughter plant.
40-20-7.1 Reinspection required of livestock unloaded anywhere other than market of origin.
40-20-8 40-20-8, 40-20-9. Repealed by SL 1988, ch 328, §§ 51, 52
40-20-10 Transportation of livestock without required authorization--Penalty.
40-20-10.1 Proceeds of sale held in trust pending authorization.
40-20-11 40-20-11. Repealed by SL 1988, ch 328, § 55
40-20-12 Diversion of livestock--Inspection required--Penalty.
40-20-13 40-20-13. Repealed by SL 1999, ch 206, § 5
40-20-14 40-20-14. Repealed by SL 1984, ch 269, § 17
40-20-15 40-20-15. Repealed by SL 1999, ch 206, § 6
40-20-16 40-20-16. Repealed by SL 1988, ch 328, § 59
40-20-17 40-20-17. Repealed by SL 1984, ch 269, § 18
40-20-18 Exhibition of authorization on demand of law enforcement officer--Failure to possess authorization as misdemeanor.
40-20-19 40-20-19 to 40-20-23. Repealed by SL 1984, ch 269, §§ 19 to 23
40-20-24 Law enforcement officer stopping vehicle for inspection--Unloading of livestock.
40-20-25 Law enforcement officer not liable for damages in stopping vehicle.
40-20-26 Licensed auction markets in inspection area to require ownership inspection of livestock--Neglect as misdemeanor--Discretionary reinspection.
40-20-26.1 Sale or transfer of ownership--Required inspection--Penalty.
40-20-26.2 Transfer of ownership--Authorized bill of sale--Limitations--Penalty.
40-20-26.3 Promulgation of rules exempting certain persons from § 40-20-26.1.
40-20-27 Livestock ownership inspection certificate issued to buyer.
40-20-28 Fee for inspection services--Determination of rate--When collected.
40-20-29 Inspection and certificate required for slaughter or processing of livestock commercially within inspection area--Misdemeanor--Out-of-state certificate--Exhibition on demand.
40-20-30 Injunction to restrain violation of this chapter or chapter 40-21.
40-20-31 40-20-31. Repealed by SL 1991, ch 186, § 19
40-20-32 Feedlot operation in inspection area--Designation as registered feedlot--Application--Requirements.
40-20-33 Rules for suspension or revocation of feedlot permit--Inspection of cattle--Renewal of permit.
40-20-34 Inspection of cattle shipped from feedlot--Fee.
40-20-35 Permit for shipment of cattle from feedlot for slaughter--Inspection of cattle without forms--Fees.
40-20-36 Inspection of feedlot, cattle, records, and inspection certificates.
40-20-37 Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.
40-20-38 Grounds for refusal to inspect.
40-20-39 Inspection of livestock removed from inspection area--Fee.
40-20-40 Mileage fee for travel to inspection.
40-20-1. Counties included in inspection area.
The South Dakota livestock ownership inspection area consists of all of that part of the State of South Dakota lying within the following counties: Harding, Butte, Lawrence, Pennington, Custer, Fall River, Perkins, Meade, Oglala Lakota, Corson, Dewey, Ziebach, Haakon, Stanley, Jackson, Jones, Mellette, Bennett, Todd, Lyman, Tripp, and Gregory.
Source: SL 1943, ch 142, § 3; SDC Supp 1960, § 40.12A01; SL 1967, ch 162; SL 1982, ch 284, § 1; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
40-20-2. Petition for addition of county contiguous to ownership inspection area--Discretion of board--Minimum area added.
Any county contiguous to the livestock ownership inspection area may become a part of such area upon a petition signed by a majority of the owners of livestock residing within such county to be attached, which shall be presented to the board. The board shall, in its discretion, either reject or approve such petition at its next regular or special meeting. No area in the brand inspection area may be smaller than a county.
Source: SL 1943, ch 142, § 3; SDC Supp 1960, § 40.12A01; SL 1963, ch 239, § 2; SL 1967, ch 162; SL 1988, ch 328, § 43.
40-20-3. Withdrawal of county from inspection area by petition--Minimum area withdrawing.
Any county which has become a part of the livestock inspection area by petition and which adjoins a noninspection area may withdraw from the inspection area by a petition requesting withdrawal. The petition shall be signed by a majority of the owners of livestock in the county seeking withdrawal. The petition shall be filed with the board. The board shall at its next regular or special meeting enter a resolution approving the withdrawal, which action removes the county described in the petition from the ownership inspection area. No area seeking withdrawal may be smaller than a county.
Source: SDC Supp 1960, § 40.12A01 as added by SL 1961, ch 202; SL 1963, ch 239, § 1; SL 1984, ch 269, § 11; SL 1988, ch 328, § 44.
40-20-4. Inspection and certificate required for removal of livestock from ownership inspection area--Violation as misdemeanor--Impoundment--Venue.
Except as otherwise provided in this chapter, it is a Class 2 misdemeanor to remove or authorize the removal of livestock from any point within the livestock ownership inspection area, to any point within one mile of the border with a destination outside the ownership inspection area, unless the livestock have been inspected for ownership and the shipper possesses the local ownership inspection certificate, market clearance, shipper's permit, or other form of authorization required by the board.
Except as otherwise provided in § 40-20-29, a local ownership inspection certificate is valid for the transportation of livestock, other than horses, out of the livestock ownership inspection area for twenty-four hours after the time of the inspection, as noted on the inspection certificate. In the case of horses, the certificate is valid for thirty days after the date of the inspection, as noted on the certificate.
If there is no valid local ownership inspection certificate, the livestock must be inspected before leaving the ownership inspection area.
Livestock being removed from the ownership inspection area, without authorization from the board, may be impounded by any law enforcement officer, until the livestock are inspected for ownership by an inspector.
The venue for the prosecution of any offense under this section is the county where the livestock were loaded, or any county through which the livestock were transported or trailed.
Any livestock being transported to a destination outside the ownership inspection area must be inspected for ownership if they cease to be in the custody of the carrier at any time prior to leaving the ownership inspection area.
Any livestock shipper within the livestock ownership inspection area wanting livestock inspected, as provided in this section, shall notify an inspector in advance of the inspection and allow the inspector reasonable time to provide the inspection.
Source: SL 1943, ch 142, § 8; SL 1945, ch 172, § 2; SL 1949, ch 144, § 2; SDC Supp 1960, § 40.12A03; SL 1967, ch 163; SL 1972, ch 219, § 1; SL 1977, ch 190, § 508; SL 1984, ch 269, § 12; SL 1986, ch 342, § 1; SL 1988, ch 328, § 45; SL 1991, ch 335, § 1; SL 1992, ch 288, § 8; SL 2008, ch 213, § 1; SL 2012, ch 200, § 1; SL 2015, ch 208, § 1; SL 2024, ch 170, § 1.
40-20-4.1. Permit to move livestock from area--Duration of permit--Fee--Permit to transport horses and mules.
Notwithstanding the provisions of § 40-20-4, an owner of any livestock who wishes to move the livestock out of the ownership inspection area for any purpose other than sale or trade of the livestock may obtain a written permit from the board for movement of the livestock. The written permit shall remain in effect for the life of the livestock described, or for a specific term, and it is void if the livestock changes ownership. The fee for the permit shall be established by rules promulgated pursuant to chapter 1-26. The permit fee includes the costs of any inspection and the fee imposed under the provisions of § 40-18-16. A permit for the transportation of horses and mules may be authorized by the board pursuant to § 40-18-16.
Source: SDCL, § 40-20-4 as added by SL 1972, ch 219, § 1; SL 1985, ch 319, § 1; SL 1988, ch 328, § 46.
40-20-4.2. Inspection of livestock while in or on conveyance--Penalty.
It is a Class 1 misdemeanor to inspect six or more head of livestock while the livestock are in or on any conveyance.
An inspector may, at any time, require the removal of one or more head of livestock from a conveyance, for purposes of inspection.
The inspector shall tally the livestock according to the number of head, sex, and brands.
Source: SL 1987, ch 297, § 1; SL 1991, ch 186, § 17; SL 2024, ch 170, § 2.
40-20-4.3. Inspector prohibited from inspecting own livestock--Violation as misdemeanor.
It is a Class 1 misdemeanor for an inspector to inspect livestock or issue shipper's agreements for livestock owned by himself.
Source: SL 1987, ch 297, § 2; SL 1988, ch 328, § 47; SL 1991, ch 186, § 18.
40-20-4.4. Rodeo livestock--Alternative brand inspection procedures.
If livestock owned by and bearing the registered brand of a bona fide rodeo producer are being transported out of the livestock ownership inspection area by the owner for rodeo purposes and there is no change of ownership, the inspection certificate required by § 40-20-4 may be endorsed, as to the purpose and extent of transportation, by the inspector issuing the certificate in order to serve as a travel permit for the livestock described in the certificate. The endorsement is effective for twelve months from the date of the endorsement. The endorsement shall be issued by an authorized livestock inspector of the Brand Board. The Brand Board shall promulgate rules pursuant to chapter 1-26 to specify criteria to be used to identify and verify ownership of the livestock. The rules shall include a requirement that other means of permanent, individual identification of the livestock, including tattoos, number brands, or photographs, be provided in addition to the registered brand. The rules shall also establish an annual fee for issuance of the endorsement authorized in this section and provide for collection of the fee. The fee may not exceed one hundred dollars per year.
Source: SL 2013, ch 203, § 1; SL 2015, ch 209, § 1, eff. Mar. 10, 2015.
40-20-5. Livestock ownership inspection area dividing ranch--Movement of livestock without inspection.
If the border of the livestock ownership inspection area of South Dakota divides any ranch or farm, written permission may be given by the board to the owner or lessee of the ranch or farm to trail livestock out of the South Dakota inspection area for grazing purposes without inspection. The border of the South Dakota inspection area shall be contiguous to an inspection area of an adjacent state. The board may cancel such permission at any time subject to the provisions of chapter 1-26.
Source: SL 1943, ch 142, § 8; SL 1945, ch 172, § 2; SL 1949, ch 144, § 2; SDC Supp 1960, § 40.12A03; SL 1967, ch 163; SL 1984, ch 269, § 13; SL 1988, ch 328, § 48.
40-20-6. Ownership inspection not required for transportation or trailing to open market.
Subject to the conditions set forth in §§ 40-20-7 to 40-20-12, inclusive, if livestock is transported or trailed to a designated inspection point outside the livestock ownership inspection area designated by the board as an open market, no livestock ownership inspection is required at point of origin.
Source: SL 1943, ch 142, § 9; SL 1949, ch 144, § 3; SL 1949, ch 149, § 1; SL 1951, ch 202; SDC Supp 1960, § 40.12A04; SL 1967, ch 164; SL 1988, ch 328, § 49.
40-20-7. Authorization for transportation to open market or slaughter plant.
In lieu of an ownership inspection, any person who intends to remove livestock from the livestock ownership inspection area for the purpose of sale or slaughter may obtain a shipper's permit from the board or its authorized agent for the transportation of livestock to a previously designated open market or slaughter plant pursuant to § 40-18-16. The permit may be obtained forty-eight hours in advance of shipment from an authorized agent of the board.
Source: SDC Supp 1960, § 40.12A04 (1) as added by SL 1967, ch 164; SL 1972, ch 219, § 2; SL 1984, ch 269, § 14; SL 1988, ch 328, § 50; SL 1992, ch 288, § 9.
40-20-7.1. Reinspection required of livestock unloaded anywhere other than market of origin.
A market clearance is valid for transporting livestock out of the ownership inspection area only if the transportation originates at the market where the livestock were inspected. If the livestock are unloaded or held at any other location other than the market of origin, they shall be reinspected for ownership immediately prior to further transportation.
Source: SL 1990, ch 328, § 1.
40-20-10. Transportation of livestock without required authorization--Penalty.
If authorization is required, it is a Class 2 misdemeanor for a carrier or owner to transport livestock from the livestock ownership inspection area or to within a mile of the border with a destination outside the livestock ownership inspection area unless the carrier or owner is in possession of authorization by the board.
Source: SDC Supp 1960, § 40.12A04 (1) as added by SL 1967, ch 164; SL 1977, ch 190, § 510; SL 1988, ch 328, § 53; SL 1991, ch 335, § 2; SL 2024, ch 170, § 3.
40-20-10.1. Proceeds of sale held in trust pending authorization.
If livestock have been shipped to an open market and no authorization for the transportation of such livestock has been obtained, the proceeds of the sale of such livestock shall be held in trust by the operators of the open market until the board authorizes the release of the proceeds.
Source: SDCL, § 40-20-7 as added by SL 1972, ch 219, § 2; SL 1988, ch 328, § 54.
40-20-12. Diversion of livestock--Inspection required--Penalty.
If livestock shipped from the livestock ownership inspection area are consigned to an open market, as described in § 40-20-6, it is a Class 2 misdemeanor for any person to change the consignment to a point other than a livestock market previously designated by the board as an open market, unless the livestock receive a livestock ownership inspection and the carrier receives a certificate or clearance from the board showing that all the livestock belong to the shipper.
Source: SL 1943, ch 142, § 9; SL 1949, ch 144, § 3; SL 1949, ch 149, § 1; SL 1951, ch 202; SDC Supp 1960, § 40.12A04; SL 1967, ch 164; SL 1977, ch 190, § 511; SL 1984, ch 269, § 15; SL 1988, ch 328, § 56; SL 1991, ch 335, § 3; SL 2024, ch 170, § 4.
40-20-18. Exhibition of authorization on demand of law enforcement officer--Failure to possess authorization as misdemeanor.
Any person in charge or control of any motor vehicle transporting livestock from any point within the livestock ownership inspection area shall, upon demand of any state law enforcement officer, exhibit to the officer authorization as required pursuant to § 40-20-4. It is a Class 2 misdemeanor for any person not to be in possession of such authorization if required by the provisions of this section.
Source: SL 1949, ch 149, § 1; SL 1951, ch 202; SL 1955, ch 139, § 2; SDC Supp 1960, § 40.12A04 (3); SL 1967, ch 164; SL 1986, ch 342, § 2; SL 1988, ch 328, § 60; SL 1999, ch 206, § 7.
40-20-24. Law enforcement officer stopping vehicle for inspection--Unloading of livestock.
Any law enforcement officer may require any person transporting livestock to stop any vehicle transporting such livestock for the purpose of examination and inspection of the shipper's permit, local ownership inspection certificates, livestock market clearances, bills of sale, brands, marks, or other means of identification. The law enforcement officer may demand any such person to unload such livestock at the nearest suitable location for further inspection and examination.
Source: SL 1955, ch 139, § 3; SDC Supp 1960, § 40.12A04 (4); SL 1967, ch 164; SL 1988, ch 328, § 61; SL 1999, ch 206, § 8.
40-20-25. Law enforcement officer not liable for damages in stopping vehicle.
Any law enforcement officer described in § 40-20-24 or surety on his official bond is not liable for any damages claimed to have been incurred by reason of any injury to such livestock, loss of time, shrinkage, or any other similar damage.
Source: SL 1955, ch 139, § 3; SDC Supp 1960, § 40.12A04 (5); SL 1967, ch 164; SL 1988, ch 328, § 62.
40-20-26. Licensed auction markets in inspection area to require ownership inspection of livestock--Neglect as misdemeanor--Discretionary reinspection.
It is a Class 1 misdemeanor for any licensed livestock auction market in the livestock ownership inspection area to allow any livestock brought into the yards of the market for purpose of sale to leave the yards until first inspected for ownership. However, if a shipment of livestock arrives at any auction market in the ownership inspection area after daylight hours, facilities shall be made available to yard such livestock separate and apart from any other livestock. The auction market may sell such livestock that night, but livestock so sold shall be returned to the separate yard facilities, and may not be removed therefrom until an ownership inspection has been made. The livestock ownership inspector may, in his discretion, reinspect the livestock before they leave the yards of the auction market.
Source: SL 1943, ch 142, § 12; SDC Supp 1960, § 40.12A07; SL 1967, ch 166; SL 1968, ch 156, § 1; SL 1977, ch 190, § 513; SL 1988, ch 328, § 63.
40-20-26.1. Sale or transfer of ownership--Required inspection--Penalty.
It is a Class 2 misdemeanor for any person to sell or to transfer ownership of any livestock within the livestock ownership inspection area without obtaining an ownership inspection, except as provided in § 40-20-26.
Source: SL 1972, ch 218; SL 1977, ch 190, § 514; SL 1980, ch 276; SL 1984, ch 269, § 24; SL 1991, ch 335, § 6; SL 1992, ch 288, § 10; SL 2024, ch 170, § 5.
40-20-26.2. Transfer of ownership--Authorized bill of sale--Limitations--Penalty.
Notwithstanding § 40-20-26.1, ownership of livestock with the seller's South Dakota recorded and healed brand or the owner's unbranded livestock may be transferred by means of an authorized bill of sale, without a brand inspection. The bill of sale must be on a form prescribed by the board. A copy of the bill of sale must be forwarded to the board.
An authorized bill of sale is not a substitute for the inspection of livestock being removed from the ownership inspection area of this state.
An authorized bill of sale may not be used to transfer ownership of more than five head of livestock to any one buyer. Multiple authorized bills of sale may not be executed to subdivide numbers of livestock greater than five to any one buyer.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1985, ch 320; SL 1987, ch 297, § 5; SL 1988, ch 328, § 65; SL 1992, ch 288, § 11; SL 2002, ch 190, § 3; SL 2024, ch 170, § 6.
40-20-26.3. Promulgation of rules exempting certain persons from § 40-20-26.1.
The board may, by rules promulgated pursuant to chapter 1-26, exempt any person licensed pursuant to chapter 40-15A from the provisions of § 40-20-26.1.
Source: SL 1988, ch 328, § 64.
40-20-27. Livestock ownership inspection certificate issued to buyer.
The board shall issue a livestock ownership inspection certificate, in such form as the board may prescribe, to each livestock buyer showing such information as may be required by the board.
Source: SL 1943, ch 142, § 12; SDC Supp 1960, § 40.12A07; SL 1967, ch 166; SL 1968, ch 156, § 1; SL 1988, ch 328, § 66.
40-20-28. Fee for inspection services--Determination of rate--When collected.
The board may charge and collect a fee from any open market for services pertaining to the brand inspection of livestock as required by chapters 40-20 and 40-21. The amount of such fees shall be based upon the cost of providing ownership inspection at the market and shall be collected if the current inspection income does not cover the cost of brand inspection.
Source: SL 1943, ch 142, § 12; SDC Supp 1960, § 40.12A07; SL 1967, ch 166; SL 1968, ch 156, § 1; SL 1988, ch 328, § 67.
40-20-29. Inspection and certificate required for slaughter or processing of livestock commercially within inspection area--Misdemeanor--Out-of-state certificate--Exhibition on demand.
It is a Class 1 misdemeanor for any person to slaughter or process livestock commercially within the livestock ownership inspection area until the livestock have received an ownership inspection and the certificate of such inspection is filed and is made a part of that person's permanent records, or unless the person has the hide of each slaughtered carcass available for inspection. An ownership brand inspection certificate on livestock is valid for no longer than four days from the date of issue. Livestock arriving at slaughter destination later than four days from the date indicated on the inspection certificate shall be inspected and the fee collected. All certificates of ownership inspection shall, at any time upon demand, be displayed to any law enforcement officer or to the board.
Source: SL 1943, ch 142, § 15; SDC Supp 1960, § 40.12A09; SL 1967, ch 167; SL 1975, ch 261; SL 1977, ch 190, § 515; SL 1978, ch 285; SL 1987, ch 297, § 3; SL 1988, ch 328, § 68; SL 1991, ch 335, § 7; SL 2002, ch 190, § 4.
40-20-30. Injunction to restrain violation of this chapter or chapter 40-21.
The board may apply for an injunction in any court of competent jurisdiction to restrain any violation of this chapter or chapter 40-21.
Source: SDC Supp 1960, § 40.12A10 as enacted by SL 1968, ch 156, § 2; SL 1988, ch 328, § 69.
40-20-32. Feedlot operation in inspection area--Designation as registered feedlot--Application--Requirements.
Any person who operates a drylot cattle feeding operation, within the confines of permanently fenced lots and within the ownership inspection area may apply to the board for designation as a registered feedlot. The board shall prescribe a form for this purpose. Upon receipt of an application and within thirty days, the board may grant a permit if the following requirements are satisfied:
(1) The operator's feedlot is a permanently fenced drylot;
(2) The operator commonly practices feeding cattle to finish for slaughter; and
(3) The operator brands all cattle carrying mixed brands, held under common ownership, with a registered brand or a feedlot assigned brand approved by the board.
Source: SL 1984, ch 270, § 1; SL 1988, ch 328, § 70.
40-20-33. Rules for suspension or revocation of feedlot permit--Inspection of cattle--Renewal of permit.
The board may adopt rules for the suspension or revocation of the permit for violations of §§ 40-20-32 to 40-20-36, inclusive, pursuant to chapter 1-26. A registered feedlot is subject to inspection upon all cattle placed in the feedlot. The registered feedlot permit may be renewed annually.
Source: SL 1984, ch 270, § 2; SL 1988, ch 328, § 71.
40-20-34. Inspection of cattle shipped from feedlot--Fee.
Cattle sold or shipped from a registered feedlot for purposes other than direct slaughter shall be inspected for brands and the inspection fee shall be collected.
Source: SL 1984, ch 270, § 3; SL 1987, ch 297, § 4; SL 1988, ch 328, § 72.
40-20-35. Permit for shipment of cattle from feedlot for slaughter--Inspection of cattle without forms--Fees.
Cattle shipped from a registered feedlot for slaughter are not subject to brand inspection at origin or destination. However, prior to shipping such cattle, the feedlot operator shall obtain a permit from the board which shows the feedlot operator's name, owner of cattle, date the cattle are to be shipped, destination, agency receiving the cattle, number of head in the shipment, sex, and brands. The form shall be completed by the feedlot operator at the time of the shipment. One copy shall be sent with the shipment, one copy shall be sent to the board or the inspecting agency by the tenth day of the following month, and one copy shall be retained by the operator of the registered feedlot. If such forms fail to accompany a shipment of cattle, all such cattle are subject to an ownership inspection and inspection fees shall be charged, as defined in chapter 40-21.
Source: SL 1984, ch 270, § 4; SL 1988, ch 328, § 73.
40-20-36. Inspection of feedlot, cattle, records, and inspection certificates.
A registered feedlot is subject to inspection at any reasonable time at the discretion of the board, and the operator shall show all cattle, inventory records, and inspection certificates to cover all cattle in his feedlot.
Source: SL 1984, ch 270, § 5; SL 1988, ch 328, § 74.
40-20-37. Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.
It is a Class 1 misdemeanor for any buyer of livestock at a licensed livestock auction market in the ownership inspection area, or any person on the buyer's behalf, to remove any livestock from the market until the livestock have been inspected for ownership as provided in § 40-20-26.
Source: SL 1991, ch 335, § 4.
40-20-38. Grounds for refusal to inspect.
A livestock inspector may refuse to inspect livestock for ownership purposes if, in the judgment of the inspector, the livestock are confined to an area not accessible for inspection or if insufficient light exists for inspection.
Source: SL 1992, ch 288, § 5.
40-20-39. Inspection of livestock removed from inspection area--Fee.
Livestock that is removed from the ownership inspection area in violation of this chapter may be inspected at any place outside the inspection area and the fee collected for the inspection. The inspection does not exempt any person from prosecution for violation of the inspection laws.
Source: SL 1992, ch 288, § 6.
40-20-40. Mileage fee for travel to inspection.
The board may charge a fee for actual mileage traveled to perform a local inspection or an inspection at an open market. The mileage fee shall be in addition to the inspection fee and may not exceed the rate set pursuant to § 3-9-1.
Source: SL 1993, ch 307, § 2; SL 2024, ch 20, § 18.
40-21-1 to 40-21-3. Repealed.
40-21-3.1
Transporting cattle, horses, mules, sheep, buffalo, or carcasses without owner's
permit prohibited--Contents of permit--Written statement in lieu of permit--Violation
as misdemeanor.
40-21-3.2 to 40-21-4. Repealed.
40-21-5
Designation of open market for livestock--Promulgation of rules--Open market
agreement.
40-21-6
Inspections made between sunrise and sunset--Rules regulating inspection during
hours of darkness.
40-21-7
Inspection fee for livestock--Receipt--Charge on entire consignment.
40-21-8
Deposit of fees collected by inspecting agency--Monthly report of fees and expenses.
40-21-8.1, 40-21-8.2. Repealed.
40-21-9
Fees paid into livestock ownership inspection and theft prevention fund--Purposes
for which used.
40-21-10
Proof of ownership required for livestock not bearing seller's brand.
40-21-11
Proof of ownership required for livestock bearing more than one brand.
40-21-12
Holding or sale of livestock or proceeds on failure to establish ownership--Financial
responsibility of selling agent--Civil suit--Discretion of inspector--Disposition of
proceeds without board's release as misdemeanor.
40-21-12.1
Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor.
40-21-13
Repealed.
40-21-14
Time allowed for establishment of ownership after sale of animal--Sale price paid to
owner.
40-21-15
Failure of seller to establish ownership--Sale proceeds paid to board--Account of
sale.
40-21-16
Separate fund for sale proceeds of undetermined ownership held by board--Period for
which held--Payment to owner on proof of ownership.
40-21-17
Sale proceeds of undetermined ownership escheat to board--Deposit in ownership
inspection and theft prevention fund when ownership not established.
40-21-18
Repealed.
40-21-19
Delegation of board powers to livestock inspection agency.
40-21-20
Enforcement of rules.
40-21-21
Forgery, alteration, or misrepresentation of inspection certificate, market clearance,
bill of sale, or permit as felony.
40-21-22
Repealed.
40-21-22.1
Removal of livestock before ownership inspection prohibited--Violation as
misdemeanor.
40-21-23
Venue of offenses.
40-21-24
Reward authorized--Funding.
40-21-25
Rendering establishments exempt from provisions governing transport of hides and
carcasses.
40-21-3.1. Transporting cattle, horses, mules, sheep, buffalo, or carcasses without owner's permit prohibited--Contents of permit--Written statement in lieu of permit--Violation as misdemeanor.
No person may transport cattle, horses, mules, sheep, or buffalo or the carcasses thereof on any public highway in this state or over any land of which he is not the owner or tenant, without the written permission of the owner of the cattle, horses, mules, sheep, and buffalo or carcasses. Such permit shall contain: the name of the owner of the shipment; the ages, sexes, brands thereon, if any; the date of transportation, the points of origin and destination of the shipment; and the person to whom it is consigned. In lieu of the permit, any person who is transporting such cattle, horses, mules, sheep, and buffalo or carcasses may make a written statement which shall contain the information described herein. Violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, § 13.3812; SDCL, § 22-37-15; SL 1976, ch 158, § 37-1; SL 1981, ch 293, § 1; SL 1988, ch 328, § 75.
40-21-5. Designation of open market for livestock--Promulgation of rules--Open market agreement.
To facilitate the inspection of livestock and the enforcement of chapters 40-18 to 40-22, inclusive, any livestock market, slaughter facility, or inspection point, whether within or without the State of South Dakota, that meets the criteria established by the board may be designated by the board as an open market. The board shall establish criteria for designating an open market and for revoking open market status by rules promulgated pursuant to chapter 1-26. Criteria may include distance from the livestock ownership inspection area, the number of head inspected annually, compliance by the market with ownership inspection laws, adequacy of the facilities, economic feasibility, and compliance with the open market agreement. Any livestock market, slaughter facility, or inspection point designated as an open market by the board shall enter into an open market agreement with the board on such terms and conditions as may be necessary for proper brand inspection in accordance with the brand inspection laws and regulations of this state and of the state in which the livestock market, slaughter facility, or inspection point is located.
Source: SL 1943, ch 142, § 7; SL 1945, ch 172, § 1; SDC Supp 1960, § 40.12A02; SL 1988, ch 328, § 79; SL 1993, ch 308; SL 2008, ch 214, § 1.
40-21-6. Inspections made between sunrise and sunset--Rules regulating inspection during hours of darkness.
All inspections provided for in this chapter or chapter 40-20 shall be made between sunrise and sunset. However, livestock may be inspected between sunset and sunrise if there is lighting sufficient to accomplish brand inspection. The board shall promulgate rules, pursuant to chapter 1-26, to regulate inspection during hours of darkness.
Source: SL 1943, ch 142, § 13; SDC Supp 1960, § 40.12A08; SL 1988, ch 328, § 80.
40-21-7. Inspection fee for livestock--Receipt--Charge on entire consignment.
The board may collect a fee on all livestock inspected in accordance with the provisions of § 40-18-16. The owner or seller of any livestock so inspected is responsible for the inspection fee. All fees are payable to the board and the board shall issue a receipt. The board shall deliver the original receipt to the remitter, and the duplicate receipt shall be retained by the board. No inspection clearance may be delivered until the inspection fees have been paid. If only a portion of a consignment of livestock is sold, the inspection fee required shall be charged on the entire consignment.
Source: SL 1943, ch 142, § 10; SL 1945, ch 172, § 3; SDC Supp 1960, § 40.12A05; SL 1963, ch 240; SL 1980, ch 277; SL 1988, ch 328, § 81.
40-21-8. Deposit of fees collected by inspecting agency--Monthly report of fees and expenses.
Any fees or other funds collected by an agency delegated by the State Brand Board under the provisions of § 40-18-10 shall be deposited in a separate bank account. The agency delegated by the board under § 40-18-10 shall prepare a monthly report of fees collected and expenses prorated for the ownership inspection program. A copy of the report shall be filed monthly with the board, the secretary of agriculture and natural resources and the auditor general.
Source: SL 1945, ch 172, § 3; SDC Supp 1960, § 40.12A05; SL 1963, ch 240; SL 1984, ch 271, § 1; SL 1988, ch 328, § 82; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-21-9. Fees paid into livestock ownership inspection and theft prevention fund--Purposes for which used.
Except as provided by § 40-21-8, all fees collected by the board shall be deposited in the state treasury in a fund to be known as the South Dakota livestock ownership inspection and theft prevention fund. The moneys in the fund shall be used by the board only in the administration and enforcement of this chapter and chapter 40-20.
Source: SL 1943, ch 142, § 10; SL 1945, ch 172, § 3; SDC Supp 1960, § 40.12A05; SL 1963, ch 240; SL 1988, ch 328, § 85.
40-21-10. Proof of ownership required for livestock not bearing seller's brand.
If any livestock, inspected under the provisions of this chapter or chapter 40-20 bears an unrecorded brand, or a recorded brand other than the brand of the person selling the livestock or transporting the livestock out of the ownership inspection area, and does not bear the recorded brand of such person, then the person selling or transporting the livestock shall be required to establish ownership to the livestock, by presenting to the livestock ownership inspector a witnessed bill of sale to the animal or by other satisfactory evidence of ownership which may include an affidavit of ownership signed by the person selling or transporting the livestock and witnessed by the ownership inspector. If any livestock listed on the original bill of sale or affidavit of ownership are not sold or transported out of the ownership inspection area, the inspector shall pick up the ownership documents and issue a receipt showing the number of livestock sold or transported and the number remaining. If any livestock are unbranded, the inspector may require the shipper or seller to establish ownership by presenting to the inspector an affidavit of ownership. Only an original bill of sale or affidavit of ownership is valid for proof of ownership. Any bill of sale or affidavit shall be notarized or signed by two witnesses.
Source: SL 1943, ch 142, § 11; SL 1949, ch 144, § 4; SDC Supp 1960, § 40.12A06; SL 1967, ch 165; SL 1988, ch 328, § 86; SL 2008, ch 215, § 1.
40-21-11. Proof of ownership required for livestock bearing more than one brand.
If any livestock inspected under the provisions of this chapter or chapter 40-20 bears the recorded brand of the seller or the person transporting the livestock out of the ownership inspection area, and also bears a recorded brand of another person, then the seller or the person transporting the livestock out of the ownership inspection area may be required, at the discretion of the livestock ownership inspector, to establish ownership to the livestock by presenting to the ownership inspector satisfactory evidence of ownership.
Source: SDC Supp 1960, § 40.12A06 as added by SL 1967, ch 165; SL 1988, ch 328, § 87; SL 2008, ch 215, § 2.
40-21-12. Holding or sale of livestock or proceeds on failure to establish ownership--Financial responsibility of selling agent--Civil suit--Discretion of inspector--Disposition of proceeds without board's release as misdemeanor.
If the seller described in § 40-21-10 or 40-21-11 fails to establish ownership of any livestock, the livestock shall be held or sold. If the livestock are held, disposition by the board shall be made. If sold, the selling agent is financially responsible for the proceeds of the sale and shall hold the proceeds until the board orders the money, along with account of sale, released to the livestock owner or to the South Dakota livestock ownership inspection fund. Such financial responsibility may be enforced by civil suit brought by the board. If the inspector finds livestock carrying a recorded brand which is not the property of the consignor and is not accompanied by a proper bill of sale, affidavit of ownership, or livestock market clearance, the inspector shall designate the livestock as, Hold. The inspector may sell or hold the livestock; and if sold, the selling agency shall hold the proceeds from the sale for sixty days or until the consignor establishes evidence of ownership to the inspector, whichever comes first. All livestock holds after sixty days shall be forwarded by the inspector to the board for review and final disposition, which may include clarification, settlement, or payment related to proper ownership. If a hold has been placed on the proceeds, it is a Class 1 misdemeanor for the selling agent or selling agency to disburse the proceeds to the seller or consignor before the board has cleared the hold for release.
Source: SL 1943, ch 142, § 11; SL 1949, ch 144, § 4; SDC Supp 1960, § 40.12A06; SL 1967, ch 165; SL 1988, ch 328, § 88; SL 1999, ch 206, § 9.
40-21-12.1. Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor.
If the person transporting livestock out of the ownership inspection area as described in § 40-21-10 or 40-21-11 fails to establish ownership of any livestock, the board may hold the livestock. If a hold has been placed on the livestock, it is a Class 1 misdemeanor for the person to remove the livestock from the ownership inspection area or sell the livestock before the board has cleared the hold for release. Any livestock hold continuing beyond sixty days shall be forwarded by the inspector to the board for review and final disposition, which may include clarification, settlement, or payment related to proper ownership.
Source: SL 2008, ch 215, § 3.
40-21-14. Time allowed for establishment of ownership after sale of animal--Sale price paid to owner.
In the event of sale of livestock pursuant to § 40-21-12, the seller of such animal shall establish ownership within sixty days after sale thereof, by producing satisfactory proof thereof to the board. If such seller establishes ownership, the board shall order the person acting as selling agent to pay the net sale price with account of sale to the owner.
Source: SL 1943, ch 142, § 11; SL 1949, ch 144, § 4; SDC Supp 1960, § 40.12A06; SL 1967, ch 165; SL 1988, ch 328, § 89.
40-21-15. Failure of seller to establish ownership--Sale proceeds paid to board--Account of sale.
If the seller of an animal sold pursuant to § 40-21-12 fails to establish ownership within sixty days, the board shall order the person who acts as selling agent to pay the net sale proceeds with account of sale of such livestock over to the board. The account of sale shall be prepared by the selling agency in duplicate showing the brand on the animal, the name and address of the shipper, the point of origin, and date of consignment.
Source: SL 1943, ch 142, § 11; SL 1949, ch 144, § 4; SDC Supp 1960, § 40.12A06; SL 1967, ch 165; SL 1988, ch 328, § 90.
40-21-16. Separate fund for sale proceeds of undetermined ownership held by board--Period for which held--Payment to owner on proof of ownership.
Any funds held by the board from the sale of livestock of undetermined ownership shall be placed into a separate interest bearing fund. Such funds shall be kept for a period of time not to exceed one year. If proof of ownership is made, satisfactory to the board within one year, all proceeds less authorized deductions shall be paid to the owner.
Source: SL 1943, ch 142, § 11; SL 1949, ch 144, § 4; SDC Supp 1960, § 40.12A06; SL 1967, ch 165; SL 1988, ch 328, § 91.
40-21-17. Sale proceeds of undetermined ownership escheat to board--Deposit in ownership inspection and theft prevention fund when ownership not established.
If the ownership of any livestock sold pursuant to § 40-21-12 is not established within a one-year period, the net sale proceeds escheat to the board, and the board shall deposit the proceeds in the South Dakota livestock ownership inspection and theft prevention fund, provided for in § 40-21-9.
Source: SL 1943, ch 142, § 11; SL 1949, ch 144, § 4; SDC Supp 1960, § 40.12A06; SL 1967, ch 165; SL 1988, ch 328, § 92.
40-21-19. Delegation of board powers to livestock inspection agency.
The board may delegate the duties, obligations, and powers provided in §§ 40-21-10 to 40-21-17, inclusive, to any agency contracted with for carrying on livestock inspection under the provisions of § 40-18-10.
Source: SDC Supp 1960, § 40.12A06 as added by SL 1961, ch 203; SL 1988, ch 328, § 93.
40-21-20. Enforcement of rules.
Any rule promulgated pursuant to chapter 1-26 by the board may be enforced in a court of competent jurisdiction.
Source: SL 1949, ch 149, § 2; SDC Supp 1960, § 40.9929; SL 1963, ch 241; SL 1988, ch 328, § 94.
40-21-21. Forgery, alteration, or misrepresentation of inspection certificate, market clearance, bill of sale, or permit as felony.
Any person who forges, alters, or misrepresents any livestock ownership inspection certificate, market clearance, bill of sale, or any permit or other authorization or proof of ownership provided for in this chapter or chapter 40-20 with intent to defraud is guilty of a Class 5 felony.
Source: SL 1943, ch 142, § 16; SL 1949, ch 149, § 2; SDC Supp 1960, § 40.9929; SL 1963, ch 241; SL 1977, ch 190, § 518; SL 1984, ch 269, § 28; SL 1991, ch 335, § 8.
40-21-22.1. Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.
It is a Class 1 misdemeanor for any person bringing livestock to a licensed livestock auction for the purpose of sale, or any person on such person's behalf, to remove the livestock from the market, if a hold has been placed on the livestock pursuant to § 40-21-12, until evidence of ownership is furnished to the inspector or arrangements suitable to the board have been made.
Source: SL 1991, ch 335, § 5.
40-21-23. Venue of offenses.
The venue of any offense under § 40-21-21 is in the county where the livestock were loaded, if known, or in any county through which the livestock were transported or trailed.
Source: SDC Supp 1960, § 40.9929 as added by SL 1963, ch 241; SL 1991, ch 335, § 9.
40-21-24. Reward authorized--Funding.
The board may authorize and pay a reward not exceeding five thousand dollars to any person who provides information leading to the conviction of any person for the crime of stealing livestock which are branded with a brand registered with the board. Such rewards may be paid out of the South Dakota livestock ownership and theft prevention fund created by § 40-21-9.
Source: SL 1974, ch 272, § 2; SL 1988, ch 328, § 95; SL 2009, ch 204, § 1.
40-21-25. Rendering establishments exempt from provisions governing transport of hides and carcasses.
No rendering establishment licensed pursuant to chapter 40-17 need comply with the provisions of chapter 40-21 relating to the transport of hides or carcasses, if the carcasses are those of dead or diseased animals which are not intended for human consumption.
Source: SL 1981, ch 293, § 2.
40-22-1 to 40-22-5. Repealed.
40-22-6
Repealed.
40-22-7
Bill of sale attached to inspector's report.
40-22-8
Repealed.
40-22-9
Repealed.
40-22-10, 40-22-11. Repealed.
40-22-12
Names and dates of persons delivering livestock required of person slaughtering.
40-22-13
Violation of chapter or falsification of records as felony.
40-22-7. Bill of sale attached to inspector's report.
If ownership is claimed by a bill of sale, the inspector shall secure the original bill of sale, which shall be attached to the report submitted to the inspection agency.
Source: SL 1939, ch 151, § 3; SL 1951, ch 200, § 1; SL 1951, ch 201, § 1; SL 1955, ch 140, § 3; SDC Supp 1960, § 40.15A03; SL 1983, ch 289, § 7; SL 1988, ch 328, § 97.
40-22-12. Names and dates of persons delivering livestock required of person slaughtering.
Any person slaughtering or processing livestock outside the ownership inspection area shall, upon demand of any law enforcement officer, provide names and dates of persons who delivered livestock for slaughter that may have originated from within the ownership inspection area.
Source: SL 1955, ch 140, § 4; SDC Supp 1960, § 40.15A04; SL 1983, ch 289, § 12; SL 1988, ch 328, § 99; SL 1991, ch 186, § 22; SL 2002, ch 190, § 6.
40-22-13. Violation of chapter or falsification of records as felony.
Any person who intentionally falsifies any of the records required by this chapter is guilty of a Class 5 felony.
Source: SL 1939, ch 151, § 6; SL 1955, ch 140, § 6; SDC Supp 1960, § 40.9930; SL 1977, ch 190, § 521; SL 1991, ch 186, § 23.
40-23-1
Definition and purposes of grazing district.
40-23-2
Number of incorporators--Filing of articles.
40-23-3
Execution and contents of articles of incorporation.
40-23-4
Filing of map showing boundaries--Revision on change of boundaries--Revocation
of lease for failure to file.
40-23-5
Arbitration of overlapping district boundaries.
40-23-6
Power to lease, acquire, and dispose of land.
40-23-7
Power to lease county land.
40-23-8
Fences, reservoirs, and facilities for care of livestock.
40-23-9
Power to apportion grazing rights among members.
40-23-10
Adoption of bylaws--Amendment.
40-23-11
Contents of bylaws.
40-23-12
Right to membership in district--Compliance with requirements.
40-23-13
Voting by members.
40-23-14
Membership rights on transfer of land.
40-23-15
Directors to exercise corporate power.
40-23-16
Directors' power to lease land.
40-23-17
Directors' regulations--Manner of utilizing grazing.
40-23-18
Directors' apportionment of grazing rights among members.
40-23-19
Fencing and assignment of exclusive use of areas.
40-23-20
Grazing permits to nonmembers.
40-23-21
Fees and assessments determined by directors.
40-23-22
Requirements as to male animals.
40-23-23
Reserves established by directors.
40-23-24
Purchase or lease of county lands.
40-23-25
Exemption of county land from usual leasing requirements--Leased tax deed lands
not subject to sale--Option for purchase by district.
40-23-26
Regulatory powers retained by county commissioners on leased land.
40-23-27
Rentals for county lands--Variable scale.
40-23-28
Noncompliance with requirements as ground for forfeiture of county lease.
40-23-29
Exchange of county land for private land within grazing district.
40-23-30
Distribution of property on dissolution of grazing district.
40-23-1. Definition and purposes of grazing district.
A cooperative corporation organized for the purpose of aiding in the conservation of natural forage resources within a designated area to be jointly used by its members, and for aiding in the restoration and improvement of lands which may be acquired by lease or purchase from a political subdivision or from others, shall be known in this chapter as a "cooperative grazing district." "Cooperative grazing district" includes the land area within which the district operates.
Source: SDC 1939, § 40.1801.
40-23-2. Number of incorporators--Filing of articles.
Whenever three or more qualified persons shall desire to incorporate a cooperative grazing district, having for its object the utilization, conservation, restoration, and improvement of forage resources on their land or upon lands to be acquired by such association by purchase or lease, they shall prepare and file articles of incorporation to that effect in the Office of the Secretary of State in the manner in this chapter specified.
Source: SDC 1939, § 40.1802.
40-23-3. Execution and contents of articles of incorporation.
The articles of incorporation of a cooperative grazing district shall be signed, sealed, and acknowledged in the form now provided by the statutes of this state for the conveyance of real estate, and shall include the following:
(1) The name of the association;
(2) The purpose for which it is formed;
(3) The county or counties in which such district is located and the principal office or place of business in the state;
(4) The membership fee, which shall in no case be greater than five dollars;
(5) The term for which such association is incorporated, not exceeding forty years;
(6) The names and residences of the persons who subscribed to and acknowledged such articles of incorporation, together with the legal description of the lands owned by them;
(7) Names and residences of those who have subscribed for membership with a description of the lands of each.
Source: SDC 1939, § 40.1802.
40-23-4. Filing of map showing boundaries--Revision on change of boundaries--Revocation of lease for failure to file.
Cooperative grazing associations organized under this chapter shall, upon completion of organization and incorporation, file with the register of deeds in the county or counties in which any such lands lie, a map or plat clearly showing the boundaries of the district proposed to be created and the name of such district. Whenever any incorporated grazing district shall enlarge or reduce the area included within its district, or change or modify its boundaries, it shall file copies of a revised map or plat as provided above for the original map or plat. Failure to file maps or plats as above provided shall be sufficient cause for a revocation, by the county commissioners, of any lease of county land which shall have been made to said district.
Source: SDC 1939, § 40.1807.
40-23-5. Arbitration of overlapping district boundaries.
When any cooperative grazing districts shall have overlapping boundaries, their boundaries shall be determined by arbitration. Each district shall appoint an arbitrator, and such arbitrators shall appoint a third. The decision of any two of such three arbitrators shall be binding on both districts.
Source: SDC 1939, § 40.1807.
40-23-6. Power to lease, acquire, and dispose of land.
Each association organized under this chapter shall have the power to lease or acquire, by purchase or otherwise, lands for grazing purposes or for raising forage crops and to dispose of such lands purchased by trade, sale, or otherwise.
Source: SDC 1939, § 40.1803 (1).
40-23-7. Power to lease county land.
Each association organized under this chapter shall have the power to lease from the county or counties in which the cooperative grazing district is located, land acquired by such county or counties through tax sale or otherwise, which is located in or contiguous thereto and not already under lease.
Source: SDC 1939, § 40.1803 (3).
40-23-8. Fences, reservoirs, and facilities for care of livestock.
Each association organized under this chapter shall have the power to construct or acquire fences, reservoirs, or other facilities for the care of livestock.
Source: SDC 1939, § 40.1803 (2).
40-23-9. Power to apportion grazing rights among members.
Each association organized under this chapter shall have the power to apportion to members grazing rights within the cooperative grazing district on such terms, conditions, and limitations as may be specified by the directors thereof, or in accordance with the terms and limitations imposed for the purpose of conservation, restoration, and improvement of forage resources in the leasing of county, state, or federal land.
Source: SDC 1939, § 40.1803 (4).
40-23-10. Adoption of bylaws--Amendment.
Each association incorporated under this chapter shall within thirty days after its incorporation, adopt, by majority vote of its members, for its government and management, a code of bylaws, not inconsistent with the powers granted under this chapter. Such bylaws may be altered or amended by any meeting of the members, regularly called, by a two-thirds vote of the members present.
Source: SDC 1939, § 40.1805.
40-23-11. Contents of bylaws.
Each association incorporated under this chapter may under its bylaws provide for any or all of the following:
(1) The time, place, and manner of calling its meetings;
(2) That in voting at meetings, no proxies shall be allowed;
(3) The number of directors of the association, their tenure of office, and the time and manner of their election; the officers, their tenure of office, the manner of their election, and their duties;
(4) The number of members constituting a quorum;
(5) The manner of filling vacancies in the board of directors or of any office;
(6) Penalties for violation of these bylaws or of any regulation, limitations, or restrictions imposed for the conservation of forage within the district.
Source: SDC 1939, § 40.1805.
40-23-12. Right to membership in district--Compliance with requirements.
Any person, partnership, limited liability company, association, corporation, or legally authorized agent of either thereof, owning or leasing forage producing land within or contiguous to the boundaries of the cooperative grazing district or proposed district may become a member upon payment of the membership fee, and complying with the bylaws, and complying with the regulations and limitations determined by the board of directors and by the terms of the lease of leased land within the area.
Source: SDC 1939, § 40.1804; SL 1994, ch 351, § 96.
40-23-13. Voting by members.
Each member of a cooperative grazing district shall have but one vote. Voting by proxy shall not be allowed.
Source: SDC 1939, § 40.1804.
40-23-14. Membership rights on transfer of land.
When any member of a cooperative grazing district shall dispose of all or a part of the lands owned or leased by him so that another individual or other individuals shall by the purchase and ownership or lease of such lands acquire right to membership, then the rights and interests involved shall be determined by the bylaws.
Source: SDC 1939, § 40.1804.
40-23-15. Directors to exercise corporate power.
The directors shall have power to exercise the full corporate power as authorized in this chapter.
Source: SDC 1939, § 40.1806 (1).
40-23-16. Directors' power to lease land.
The directors may enter into leases on behalf of the association with persons, corporations, limited liability companies, partnerships, or with the county or counties in which the district is located or with the state or the federal government for tracts of land within, contiguous to, or adjacent to such districts.
Source: SDC 1939, § 40.1806 (6); SL 1994, ch 351, § 97.
40-23-17. Directors' regulations--Manner of utilizing grazing.
The directors shall have power to make regulations for the management and control of the affairs of the association and of the manner of utilization of grazing within their district not inconsistent with the terms, conditions, and limitations of leases of land contained therein.
Source: SDC 1939, § 40.1806 (2).
40-23-18. Directors' apportionment of grazing rights among members.
The directors shall have power to apportion grazing rights within their districts to members on a commensurate basis.
Source: SDC 1939, § 40.1806 (3).
40-23-19. Fencing and assignment of exclusive use of areas.
Cooperative grazing associations may cross-fence any part or all of the area and assign to each member a unit so fenced for his exclusive use, provided he follows the conservation practices outlined in the bylaws.
Source: SDC 1939, § 40.1807.
40-23-20. Grazing permits to nonmembers.
The directors shall have power to grant to nonmembers grazing permits within such districts when the amount of forage within the district is greater than the need of the members, but no such permits shall be granted when such use shall be inconsistent with the terms of leases of county, state, or federal land within the district or with a safe policy of forage conservation within such district.
Source: SDC 1939, § 40.1806 (4).
40-23-21. Fees and assessments determined by directors.
The directors shall have power to determine grazing fees to be imposed on members or nonmembers on a per head basis for grazing rights or to determine assessments on members on a per head grazing basis for the purchase of lands situated within, contiguous to, or adjacent to such districts.
Source: SDC 1939, § 40.1806 (5).
40-23-22. Requirements as to male animals.
The directors shall have power to specify the breed, quality, and number of male breeding animals which each member must furnish when stock are grazed in a common pasture within the grazing district. The association may also prescribe the breed and quality of bulls that are to run in the area.
Source: SDC 1939, §§ 40.1806 (7), 40.1807.
40-23-23. Reserves established by directors.
The directors shall have power to set up such reserves as in their judgment may be advisable, after all costs, expenses, rentals, and other legal charges against the association have been provided for.
Source: SDC 1939, § 40.1806 (8).
40-23-24. Purchase or lease of county lands.
Any incorporated grazing association may purchase or lease any and all lands owned by the county not already leased, and located within the proposed district.
Source: SDC 1939, § 40.1808.
40-23-25. Exemption of county land from usual leasing requirements--Leased tax deed lands not subject to sale--Option for purchase by district.
A lease pursuant to § 40-23-24 shall not be subject to the provisions of chapter 7-30, and such lease may be for a period of not more than ten years, with the lands thus leased not subject to sale to other parties. The lease may contain a provision for the privilege of purchase by the incorporated grazing district at any time during the term of the lease at such appraised price as shall be determined at or prior to the origination of the lease.
Source: SDC 1939, § 40.1808.
40-23-26. Regulatory powers retained by county commissioners on leased land.
No lease shall be entered into pursuant to § 40-23-24 until the board of county commissioners, in order to conserve and protect the existing forage resources of such county land and to restore the maximum carrying capacity of such land shall reserve the right to regulate and limit the amount of grazing thereon and the limitations and restrictions imposed shall be made a part of such lease.
Source: SDC 1939, § 40.1808.
40-23-27. Rentals for county lands--Variable scale.
Rentals for county lands leased under § 40-23-24 shall be payable annually.
The county commissioners may provide for a variable scale of rental charges, based on market prices for livestock, or livestock products, or the number and character of stock, or the carrying capacity of the land, or on any combination of these factors.
Source: SDC 1939, § 40.1808.
40-23-28. Noncompliance with requirements as ground for forfeiture of county lease.
Failure to comply with regulations prescribed in a lease pursuant to § 40-23-24 relating to protection, administrations, or improvement of such grazing districts or to make payments of annual rentals within the time prescribed, shall be grounds for forfeiture and cancellation of such lease.
Source: SDC 1939, § 40.1808.
40-23-29. Exchange of county land for private land within grazing district.
The board of county commissioners may exchange county lands outside a grazing district for privately owned land of approximately equal value within a grazing district.
Source: SDC 1939, § 40.1808.
40-23-30. Distribution of property on dissolution of grazing district.
Whenever any cooperative grazing district is dissolved by act of its board of directors or otherwise, then the rights and interests therein shall be distributed among the members in proportion to the amounts paid in by the various members as assessments, as nearly as the board of directors may determine.
Source: SDC 1939, § 40.1809.
40-25-1
Number of organizers required to form association.
40-25-2
Written articles of association required--Contents.
40-25-3
Stock and membership provisions in articles of association.
40-25-4
Amendment of articles by association--Procedure--Filing of amendment.
40-25-5
Term of existence of association--Extension of term.
40-25-6
Articles filed to extend term of association--Contents.
40-25-7
Adoption and amendment of bylaws--Contents.
40-25-8
Voting by stockholders or members--Proxy voting.
40-25-9
Directors to manage affairs of association--Terms of office.
40-25-10
Officers of association.
40-25-11
Salaries paid by association--Ownership of property.
40-25-12
Operation as nonprofit corporation--Purposes.
40-25-13
General corporate powers of association.
40-25-14
Records and certificates admissible in evidence--Prima facie evidence of pedigree.
40-25-15
Fraudulent registration or transfer of registration as misdemeanor--False pedigree.
40-25-1. Number of organizers required to form association.
Any number of persons not less than six, may associate themselves together as a cooperative association, society, or company for the purpose of conducting a purebred livestock registry association.
Source: SDC 1939, § 40.1601.
40-25-2. Written articles of association required--Contents.
The persons forming a purebred livestock registry association shall sign and acknowledge written articles which shall contain the name of the association and the names and residences of the persons forming the same. Such articles shall also contain a statement of the breed of livestock for registration of which said association is formed and no association shall be formed for the purpose of registration for more than one particular breed of livestock. The said articles shall also designate the municipality within this state where the principal place of business and records of said association shall be located but provision may be made for business meetings of the stockholders and directors outside of the State of South Dakota by said articles of incorporation.
Source: SDC 1939, § 40.1602; SL 1992, ch 60, § 2.
40-25-3. Stock and membership provisions in articles of association.
The articles of a purebred livestock registry association shall also set forth whether or not interests in the corporation shall be evidenced by shares of stock or by certificates of membership or by both. The articles may provide for the issuance of stock in shares of no par value and in such case shall state the number of shares of such stock issued by the association. The articles may also provide that in lieu of stock, certificates of membership of a value to be fixed by the bylaws may be issued.
Source: SDC 1939, § 40.1602.
40-25-4. Amendment of articles by association--Procedure--Filing of amendment.
Any purebred livestock registry association may amend its articles of incorporation by a majority vote of its stockholders at any regular stockholders' meeting or at any special stockholders' meeting called for that purpose upon thirty days' written notice to the stockholders, a copy of such notice to be mailed separately to each stockholder at his last known address or to be published in a newspaper located nearest to the principal place of business of such association for at least two weeks next preceding the time of holding such meeting, which notice shall state the time and place of the meeting and the amendment or amendments to be proposed. Any amendment to the articles of incorporation may be made which could have been made as a provision of the original articles. Within thirty days after the adoption of the amendment to its articles of incorporation the association shall cause a copy of such amendment, properly certified by the presiding officer and secretary of the meeting at which such amendment was made, to be recorded in the Office of the Secretary of State and any amendment so adopted and recorded shall be a part of the Constitution and bylaws of the association.
Source: SDC 1939, § 40.1603.
40-25-5. Term of existence of association--Extension of term.
A purebred livestock registry association may be formed for a term not exceeding fifty years and such term may be extended for like periods of fifty years so long as the members and directors thereof may comply with the Constitution and laws of the State of South Dakota relative to such associations.
Source: SDC 1939, § 40.1601.
40-25-6. Articles filed to extend term of association--Contents.
Any association formed under the provisions of this chapter may extend its term of existence at any time within the last year of its then existing term, as evidenced by its articles of incorporation, or any amended articles, by filing with the secretary of state articles of incorporation such as are required for formation of an association, under the provisions of this chapter, and containing the additional statement that such articles are filed for the purpose of extending the term of existence of said association for such additional term as may be specified, not exceeding the term of fifty years for each separate extension.
Source: SDC 1939, § 40.1604.
40-25-7. Adoption and amendment of bylaws--Contents.
The bylaws of a purebred livestock registry association shall be adopted at the organization meeting of the association after its original articles of incorporation have been filed in the Office of the Secretary of State, and such bylaws may be amended at any meeting of the stockholders called in the same manner and with the same notice as is required for amending the articles of incorporation. A majority vote of the stockholders or members of the association shall be required to adopt the original bylaws or any amendment thereof. The bylaws may provide all matters necessary for conduct of the activities of the association in accordance with the Constitution and laws of this state and the articles of incorporation of the association.
Source: SDC 1939, § 40.1606.
40-25-8. Voting by stockholders or members--Proxy voting.
No person shall be entitled to more than one vote at any stockholders' meeting no matter how many shares of stock or membership certificates in a purebred livestock registry association he may hold, but nothing in this section shall prevent any person from exercising the voting rights of any other person or persons by virtue of a proxy, in accordance with the bylaws of the association.
Source: SDC 1939, § 40.1607.
40-25-9. Directors to manage affairs of association--Terms of office.
A purebred livestock registry association shall be managed by a board of not less than six nor more than fifteen directors to be elected by and from the stockholders of the association at such time and for such terms as the said bylaws may prescribe and to hold office for the time for which they are elected and said bylaws shall provide for the election of one-third of the said directors for succeeding terms in annual, biennial, triennial succession so that the board of directors may operate as a continuing body or board. All directors shall hold office until their successors are elected and have entered upon the discharge of their duties.
Source: SDC 1939, § 40.1608.
40-25-10. Officers of association.
The officers of every purebred livestock registry association shall be a president, one or more vice-presidents, a secretary, and a treasurer, who shall be elected annually by the directors and each of such officers must be a director of the association. The office of secretary and treasurer may be combined and when so combined the person filling the office shall be the secretary-treasurer.
Source: SDC 1939, § 40.1609.
40-25-11. Salaries paid by association--Ownership of property.
A purebred livestock registry association shall have power to pay such salaries as its stockholders or directors may prescribe and own such real and personal property as may be required for efficient operation of its business and accomplishment of the purposes for which organized.
Source: SDC 1939, § 40.1605.
40-25-12. Operation as nonprofit corporation--Purposes.
A purebred livestock registry association shall operate as a nonprofit-making corporation and for the promotion of the purebred livestock industry by educational and regulatory measures.
Source: SDC 1939, § 40.1605.
40-25-13. General corporate powers of association.
Any association created under the provisions of this chapter shall have power to conduct the business of a purebred livestock registry association and to do all things necessary to promote the best interests of said association in accordance with law and the articles of incorporation.
Source: SDC 1939, § 40.1605.
40-25-14. Records and certificates admissible in evidence--Prima facie evidence of pedigree.
The records of a purebred livestock registry association or any certified copy thereof or any certificate of pedigree given under the hand of the president and the secretary and under the seal of said association, shall be admissible in evidence before any court, board, or tribunal within this state, and any certificate of pedigree of any animal so given shall be prima facie evidence before all courts, boards, or tribunals of the pedigree of said animal.
Source: SDC 1939, § 40.1610.
40-25-15. Fraudulent registration or transfer of registration as misdemeanor--False pedigree.
Every person who by any false pretense shall obtain from any club, association, society, or company for improving the breed of cattle, horses, sheep, swine, or other domestic animals, the registration of any animal in the herd register of any such club, association, society, or company, or a transfer of any such registration, and every person who shall knowingly give a false pedigree of any animal, shall be guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 13.1819; SL 1977, ch 190, § 524.
40-27-1
Agister's lien for service and supplies--Entitled to retain possession.
40-27-2
Authority from owner required for agister's lien.
40-27-3
Notice to mortgagee of agister's lien--Contents and service--Priority over mortgage.
40-27-4 to 40-27-11. Repealed.
40-27-12
Veterinarian's vaccination lien.
40-27-13
Veterinarian's statement filed with register of deeds--Contents--Filing and indexing.
40-27-14
Priority of vaccination lien if filed within twenty days.
40-27-15
Innocent purchasers and encumbrancers not affected by vaccination lien filed late.
40-27-16
Foreclosure of liens on livestock.
40-27-1. Agister's lien for service and supplies--Entitled to retain possession.
Any person to whom any domesticated animal shall be entrusted by the owner thereof or pursuant to his authority for the purpose of feeding, herding, pasturing, or ranging shall have a lien thereon for the amount that may be due for such service and supplies except as otherwise provided in § 40-27-2. Such lien shall entitle the person to retain possession of such domesticated animals until the amount due is paid.
Source: SDC 1939, § 39.1001.
40-27-2. Authority from owner required for agister's lien.
Section 40-27-1 shall not be construed to give a lien upon any animal if the same was not owned by the person entrusting it for keep unless such animal was so entrusted pursuant to authority from the owner. The provisions of such section shall not apply to stolen animals.
Source: SDC 1939, § 39.1002.
40-27-3. Notice to mortgagee of agister's lien--Contents and service--Priority over mortgage.
In the event animals subject to a lien under § 40-27-1 shall be mortgaged, the person to whom entrusted may serve notice in writing on the mortgagee to the effect that he is feeding, herding, pasturing, or ranging said animals, or is about to do so. Such notice shall describe the animals generally and give the name and address of the person entrusting the same and the date when the service commenced or a future date when it is to commence, and the probable amount of the charge for such service and supplies. The notice may be served personally upon the mortgagee or by sending the same by registered or certified mail to said mortgagee at his post office address as set out in the mortgage. Upon service of such notice any charges for service or supplies subsequently accruing pursuant to the notice shall be a prior lien to said mortgage to the extent only of the value of said service and supplies.
Source: SDC 1939, § 39.1001.
40-27-12. Veterinarian's vaccination lien.
Every duly licensed and registered veterinarian shall have a lien for vaccinating livestock for cholera, anthrax, blackleg, hemorrhagic septicemia, or swine erysipelas from the date of such vaccination upon all livestock so vaccinated.
Source: SDC 1939, § 39.1401; SL 1943, ch 141.
40-27-13. Veterinarian's statement filed with register of deeds--Contents--Filing and indexing.
Any veterinarian entitled to a lien under § 40-27-12 shall make an account in writing, stating the kind and number of livestock vaccinated, the price agreed upon for such vaccination, which shall not be in excess of the price usually charged for such services, the name of the person for whom said vaccinating was done, and description of the livestock vaccinated, and if branded shall describe the brand thereon, and after making oath to the correctness of the account shall file the same in the office of the register of deeds of the county in which the person owning such livestock resides.
The register of deeds shall number, file, and index the said lien in the personal property index.
Source: SDC 1939, § 39.1402.
40-27-14. Priority of vaccination lien if filed within twenty days.
A lien under § 40-27-12 shall have priority over all conveyances and encumbrances upon said livestock if filed within twenty days from the day on which said vaccination was completed.
Source: SDC 1939, § 39.1403.
40-27-15. Innocent purchasers and encumbrancers not affected by vaccination lien filed late.
The lien under § 40-27-12 shall not affect the rights of innocent purchasers or encumbrancers of the livestock unless the lien statement be filed within twenty days after completion of the vaccination.
Source: SDC 1939, § 39.1401; SL 1943, ch 141.
40-27-16. Foreclosure of liens on livestock.
Any lien arising under the provisions of this chapter may be foreclosed under the provisions of chapter 21-53 or under the provisions of chapter 21-54 subject to the right of any person adversely interested to require a foreclosure under chapter 21-53.
Source: SDC 1939, §§ 39.1003, 39.1105, 39.1404.
40-28-1
Permitting adult male animal to run at large as petty offense.
40-28-2
Castration lawful for adult male animal running at large--Liability for unauthorized
castration.
40-28-3
Running at large defined.
40-28-4
Liability for trespass by livestock--Exception where fence inadequate.
40-28-5
Trespass liability not applicable to unfenced lands within national forests.
40-28-6
Notice to livestock owner of injury from trespass.
40-28-7
Retention of trespassing livestock until damages paid.
40-28-8
Notice to owner of seizure of trespassing animals.
40-28-9
Security given by owner for release of trespassing animals held for damages.
40-28-10
Livestock owner's bond to be approved by sheriff--Release of animals--Sheriff's fee.
40-28-11
Notice to sheriff when livestock owner fails to take up trespassing animals--Sheriff
to take possession and care for animals.
40-28-12
Sheriff's lien for expenses.
40-28-13
Unauthorized taking of animal from person with lawful possession as misdemeanor.
40-28-14
Recovery of animals from sheriff by giving bond and paying costs.
40-28-15
Foreclosure of lien by sheriff's sale of animals--Service of notice on parties.
40-28-16
County reimbursement of sheriff for costs not recovered from sale--Recovery from
owner of animals.
40-28-17
Actions by county and landowner for costs and damages--Application of proceeds of
sale.
40-28-18
Civil action for damages from trespassing animals--Venue--Procedure.
40-28-19
Repealed.
40-28-20
Limitation of actions for damages.
40-28-21
Surplus proceeds of sale--Disposition.
40-28-22
Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.
40-28-23
Damages and expenses recovered by landowner.
40-28-24
Judgment against plaintiff when no damage sustained.
40-28-25
Judgment as lien on trespassing animals.
40-28-26
Exemptions limited to absolute exemptions.
40-28-1. Permitting adult male animal to run at large as petty offense.
It is a petty offense for the owner or person in charge of any stallion over the age of eighteen months, or any bull over the age of ten months, or any ram or boar over the age of eight months to permit the same to run at large.
Source: SDC 1939, §§ 40.1311, 40.9920; SL 1977, ch 190, § 530.
40-28-2. Castration lawful for adult male animal running at large--Liability for unauthorized castration.
It shall be lawful for any person to castrate or cause to be castrated any animal described in § 40-28-1 found running at large; but if any person shall castrate any stallion, bull, ram, or boar, and it shall be proved that such animal was not of a class of stock prohibited from running at large by § 40-28-1, such person shall be liable for damages to the amount of the value of such animal so castrated.
Source: SDC 1939, § 40.1311.
40-28-3. Running at large defined.
For the purpose of §§ 40-28-1 and 40-28-2 the term "running at large" shall mean intentionally left outside of the inclosure of a legal fence, and off of the lands owned or controlled by the owner of such animal.
Source: SDC 1939, § 40.1311.
40-28-4. Liability for trespass by livestock--Exception where fence inadequate.
Except as in this chapter otherwise provided, any person owning or having charge or possession of any buffalo, horses, mules, cattle, goats, sheep, or swine that trespass upon the land, either fenced or unfenced, owned by or in possession of any person, or being cropped by any person injured by such trespass, is liable to any such person injured for all damages sustained by reason of the trespass. No person is liable under this chapter if the person injured has maintained an inadequate partition fence and notice thereof has been given pursuant to § 43-23-5 or if the person is not required to build the fence because of frozen earth pursuant to § 43-23-7.
Source: CCivP 1877, § 747; SL 1883, ch 115, § 1; SL 1885 (Spec. Laws), ch 17, §§ 4, 5; CL 1887, § 5569; RCCivP 1903, §§ 817, 829, 830; SL 1907, ch 244, § 1; RC 1919, §§ 2921, 2922; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, § 37.2401; SL 1978, ch 286; SL 2001, ch 224, § 1.
40-28-5. Trespass liability not applicable to unfenced lands within national forests.
No person is liable for damages caused by buffalo, horses, cattle, mules, goats, or sheep owned by the person, that trespass upon lands within the exterior boundaries of the Black Hills and Harney National Forests, if the lands were not at the time of the trespass enclosed by a legal fence, as defined in §§ 43-23-3 and 43-23-4.
Source: SL 1933, ch 6; SDC 1939 & Supp 1960, § 37.2401; SL 2001, ch 224, § 2.
40-28-6. Notice to livestock owner of injury from trespass.
The person claiming injury from trespass of livestock, before commencing action thereon shall notify the owner or person having in charge such livestock, of the injury and probable amount of the damages, provided he knows to whom such livestock belongs.
Source: CCivP 1877, § 749; SL 1885 (Spec. Laws), ch 17, § 6; CL 1887, § 5571; RCCivP 1903, §§ 819, 831; SL 1907, ch 244, § 3; RC 1919, § 2923; SDC 1939 & Supp 1960, § 37.2402.
40-28-7. Retention of trespassing livestock until damages paid.
Any person suffering injury from trespass of livestock may retain and keep in custody such offending animal or animals until the damages and costs are paid, or until good and sufficient security be given for the same.
Source: CCivP 1877, § 750; SL 1885 (Spec. Laws), ch 17, § 7; CL 1887, § 5572; RCCivP 1903, §§ 820, 832; SL 1907, ch 244, § 4; SL 1917, ch 371; RC 1919, § 2924; SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403.
40-28-8. Notice to owner of seizure of trespassing animals.
Whenever any animal or animals are restrained under § 40-28-7, the person restraining the same shall forthwith notify the owner or person in whose custody the same were at the time the trespass was committed, of the seizure thereof, providing the owner or person who had the same in charge is known to the person making said seizure.
Source: CCivP 1877, § 750; SL 1885 (Spec. Laws), ch 17, § 7; CL 1887, § 5572; RCCivP 1903, §§ 820, 832; SL 1907, ch 244, § 4; SL 1917, ch 371; RC 1919, § 2924; SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403.
40-28-9. Security given by owner for release of trespassing animals held for damages.
The security required by § 40-28-7 shall be in the form of a bond or other undertaking, signed by the owner of the trespassing animal or animals and shall run to the person claiming damages. The bond or other undertaking shall be for twice the amount of damages claimed and in no case less than one hundred dollars.
Source: SL 1917, ch 371; RC 1919, § 2924; SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403; SL 1983, ch 290, § 1.
40-28-10. Livestock owner's bond to be approved by sheriff--Release of animals--Sheriff's fee.
If the person aggrieved is not satisfied with the sufficiency of the bond and the parties cannot agree, a bond shall be furnished and shall be approved by the sheriff and after his approval the person holding the trespassing animal or animals is required to turn them over to the owner. Failure to do so makes him a trespasser. The owner of the trespassing animal or animals shall pay the sheriff five dollars for approving the bond and the owner shall be taxed with the costs if a suit is instituted later.
Source: SL 1917, ch 371; RC 1919, § 2924; SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403; SL 1983, ch 290, § 2.
40-28-11. Notice to sheriff when livestock owner fails to take up trespassing animals--Sheriff to take possession and care for animals.
If the owner or person who formerly had the animals in charge is unknown, or if he neglects or refuses for three days after receiving notice as provided in § 40-28-8 to take up the animals or to furnish the bond provided for in § 40-28-9, then the person restraining the animals may, instead of retaining them in his own custody, notify the sheriff of the county in which the animals were taken. It is the duty of the sheriff, within three days after receiving notice, to take the offending animals into his possession and to handle them in the same manner as estray animals under the provisions of chapter 40-29.
Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403; SL 1983, ch 290, § 3.
40-28-12. Sheriff's lien for expenses.
The sheriff has a lien upon animals taken into his possession pursuant to § 40-28-11 for the expenses incurred by him as outlined in chapter 40-29.
Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403; SL 1983, ch 290, § 4.
40-28-13. Unauthorized taking of animal from person with lawful possession as misdemeanor.
Every person who takes or attempts to take any animal, restrained under the provisions of this chapter, from the possession of the person having the same in charge, without the consent of such person, except by due course of law, is guilty of a Class 2 misdemeanor.
Source: SL 1885 (Spec. Laws), ch 17, § 12; RCCivP 1903, § 837; SL 1907, ch 244, § 9; RC 1919, § 2928; SDC 1939 & Supp 1960, § 37.9904; SL 1977, ch 190, § 531.
40-28-14. Recovery of animals from sheriff by giving bond and paying costs.
The owner or person having in charge animals taken into the sheriff's possession pursuant to § 40-28-11 may recover the same from the sheriff at any time before the sale by paying all damages and costs or by furnishing to the sheriff the bond provided for in § 40-28-9 and at the time of furnishing such bond, paying to the sheriff the costs and disbursements already incurred.
Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403.
40-28-15. Foreclosure of lien by sheriff's sale of animals--Service of notice on parties.
If possession of animals taken into the sheriff's possession pursuant to § 40-28-11 shall not be recovered from the sheriff by the owner or person who had the same in charge as provided in § 40-28-14, within three days after such taking, then the sheriff shall forthwith proceed to foreclose the lien provided by § 40-28-12 by a sale of the animals taken, upon the notice and in the manner provided by law for the foreclosure of chattel mortgages. If the owner or person having such animals in charge is known, such sale may be had upon three days' notice to be given by the sheriff to such owner or person having such animals in charge and to any person or persons holding a lien of record against such animals, such notices to be served in the same manner as provided for service of summons in civil actions.
Source: SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403.
40-28-16. County reimbursement of sheriff for costs not recovered from sale--Recovery from owner of animals.
If the proceeds of a sale pursuant to § 40-28-15 shall be insufficient to reimburse the sheriff for his costs and disbursements as provided in § 40-28-12, then the county shall reimburse the sheriff for such costs and disbursements as he may have expended in the taking, caring for, and sale of the animals in excess of the amount received from such sale, and the county may recover in a civil action, any amount so expended by it from the owner or person having such animals in charge at the time of such taking.
Source: SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403.
40-28-17. Actions by county and landowner for costs and damages--Application of proceeds of sale.
The county and the person suffering damage from such trespass may sue jointly or severally for their several costs, expenses, and damages; provided that the receipts of the sale shall be applied in the following manner: first, in payment of costs, expenses, and disbursements of the sheriff and any remainder shall be paid to the clerk of the circuit court to be applied upon the payment of any judgment thereafter secured by the person suffering damage, provided that such action shall be brought in the proper court within sixty days from the date of such sale.
Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403.
40-28-18. Civil action for damages from trespassing animals--Venue--Procedure.
Damages under § 40-28-4 may be recovered in a civil action, in any court having jurisdiction thereof in the county where such damage may have occurred, and the proceedings shall be the same as in other civil actions, except as modified in this chapter.
Source: CCivP 1877, § 747; SL 1883, ch 115, § 1; SL 1885 (Spec. Laws), ch 17, § 5; CL 1887, § 5569; RCCivP 1903, §§ 817, 829, 830; SL 1907, ch 244, § 1; RC 1919, § 2921; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, § 37.2401.
40-28-20. Limitation of actions for damages.
Any person seeking to recover damages pursuant to § 40-28-18 shall file suit no later than one year after the trespass occurred or six months after he knew or should have known of the injury resulting from the trespass.
Source: SL 1883, ch 115, § 1; CL 1887, § 5569; RCCivP 1903, § 817; SL 1907, ch 244, § 1; RC 1919, § 2921; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, § 37.2401; SL 1991, ch 336.
40-28-21. Surplus proceeds of sale--Disposition.
If the person suffering damage fails to bring an action within the time required or if there is a surplus remaining after the satisfaction of the judgment, the proceeds of a sale pursuant to § 40-28-15 shall be paid by the clerk of courts to the owner of the animals. If the owner of the animals fails to claim the proceeds within six months, the money shall be paid over to the county treasurer and credited to the school fund of the county and shall be accounted for and expended as other school money.
Source: SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403; SL 1983, ch 290, § 5.
40-28-22. Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.
If upon the trial of an action brought under § 40-28-18 it appears that the defendant is not the owner or person in charge of such offending animal or animals, the action shall be dismissed, and such animal or animals shall be held and considered as estrays and the person claiming damage shall be governed by the provisions of this code relating to estrays.
Source: CCivP 1877, § 752; SL 1885 (Spec. Laws), ch 17, § 10; CL 1887, § 5574; RCCivP 1903, §§ 822, 835; SL 1907, ch 244, § 6; SL 1917, ch 372, § 1; RC 1919, § 2926; SDC 1939 & Supp 1960, § 37.2405.
40-28-23. Damages and expenses recovered by landowner.
Upon the trial of an action under the provisions of this chapter, the plaintiff shall recover the amount of damages sustained and the expenses of keeping the trespassing animal or animals during the time he has restrained and retained the custody thereof.
Source: CCivP 1877, § 751; SL 1885 (Spec. Laws), ch 17, § 9; CL 1887, § 5573; RCCivP 1903, §§ 821, 834; SL 1907, ch 244, § 5; RC 1919, § 2925; SDC 1939 & Supp 1960, § 37.2406.
40-28-24. Judgment against plaintiff when no damage sustained.
If it shall appear upon the trial of an action under the provisions of this chapter that no damage was sustained, judgment shall be rendered against the plaintiff for cost of suit and damage sustained by defendant.
Source: CCivP 1877, § 751; CL 1887, § 5573; RCCivP 1903, § 821; SL 1907, ch 244, § 5; RC 1919, § 2925; SDC 1939 & Supp 1960, § 37.2406.
40-28-25. Judgment as lien on trespassing animals.
Any judgment rendered in an action under the provisions of this chapter shall be a lien upon such animals and the same may be sold and the proceeds applied to the satisfaction of the judgment as in other cases of sale of personal property on execution.
Source: CCivP 1877, § 751; SL 1885 (Spec. Laws), ch 17, § 9; CL 1887, § 5573; RCCivP 1903, §§ 821, 834; SL 1907, ch 244, § 5; RC 1919, § 2925; SDC 1939 & Supp 1960, § 37.2406.
40-28-26. Exemptions limited to absolute exemptions.
No property shall be exempt from seizure and sale under executions issued upon any judgment obtained under or by virtue of this chapter except such as is absolutely exempt.
Source: CCivP 1877, § 747; SL 1883, ch 115, § 1; CL 1887, § 5569; RCCivP 1903, § 817; SL 1907, ch 244, § 1; RC 1919, § 2921; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, § 37.2401.
40-29-1, 40-29-2. Repealed.
40-29-3
Repealed.
40-29-4 to 40-29-6. Repealed.
40-29-7 to 40-29-10. Repealed.
40-29-11
Repealed.
40-29-12 to 40-29-15. Repealed.
40-29-16, 40-29-17. Repealed.
40-29-18
Repealed.
40-29-19 to 40-29-23. Repealed.
40-29-24
Report by person taking up estray--Violation as misdemeanor.
40-29-25
Sale of estray--Disposition of proceeds.
40-29-26
Claim for expense of feeding and keeping estray--Liability for loss of estray.
40-29-24. Report by person taking up estray--Violation as misdemeanor.
Any person taking up an estray shall provide a written description of the estray and report where the estray was found within ten days thereafter to the county sheriff or the State Brand Board. Any person who fails to notify the sheriff or the board is guilty of a Class 1 misdemeanor.
Source: SL 1988, ch 328, § 115.
40-29-25. Sale of estray--Disposition of proceeds.
If the animal is determined to be an estray by the sheriff or the board, it shall be promptly sold through the most convenient livestock auction market. The net proceeds of such sale shall be paid to the board to be placed into the brand inspection and theft prevention fund. If ownership of the estray is not determined within one year from the date the estray was found the net proceeds of the sale of the estray shall escheat to the South Dakota livestock ownership inspection and theft prevention fund.
Source: SL 1988, ch 328, § 116.
40-29-26. Claim for expense of feeding and keeping estray--Liability for loss of estray.
Any person who finds an estray may within a period of one year from the date the estray is found, file a claim with the board for the expense incurred in feeding and keeping such estray if he reported the estray pursuant to § 40-29-24. If such claim is filed, the board shall determine the validity of the claim filed. If any estray shall, without the fault of the person taking up the animal, die or be stolen or escape and wander away, the person taking up the animal may not be held responsible therefor.
Source: SL 1988, ch 328, § 117.
CHAPTER 40-31
AMERICAN DAIRY ASSOCIATION OF SOUTH DAKOTA
40-31-1 Definition of terms.
40-31-2 Association created--Producer and processor members--Nonvoting members.
40-31-2.1 Direction and supervision by Department of Agriculture and Natural Resources--Independent functions retained by Association.
40-31-2.2 Cooperative agreements to fund or conduct dairy promotion efforts.
40-31-3 Nomination, appointment and terms of producer members.
40-31-4 Nomination, appointment and terms of processor members.
40-31-5 40-31-5. Repealed by SL 1971, ch 23, § 2
40-31-6 Officers of association--Orders and rules--Bonds required.
40-31-7 Employment and compensation of other personnel.
40-31-8 Offices of Association--Expenses--Contracts and agreements.
40-31-9 Assessment on milk produced in state--Application.
40-31-10 40-31-10. Repealed by SL 1971, ch 227, § 3
40-31-11 Assessment collected by first dealer--Producers responsible for payment.
40-31-12 Record of milk handled by dealers and producers--Form--Report--Preservation--Inspection.
40-31-13 Monthly return of dairy products handled by dealer or producer.
40-31-14 Computation of assessment by association when monthly return not filed.
40-31-15 Payment of assessment computed by Association--Penalty and interest.
40-31-16 Recovery of tax, penalty, and interest--Tax collection remedies available.
40-31-17 Producer's application for refund of assessment--Approval by association.
40-31-18 Assessments paid into dairy association fund--Purposes for which used--Warrants.
40-31-19 Voluntary contributions to association.
40-31-20 Disbursement of association funds.
40-31-21 Expenses paid from and limited by dairy association fund.
40-31-22 Power to sue and be sued--Contract power.
40-31-23 Research activities of department.
40-31-24 Promotional and advertising activities of department.
40-31-25 Administration and enforcement of chapter--Necessary powers.
40-31-26 Record and account maintained by association.
40-31-27 Copies of records as prima facie evidence.
40-31-28 40-31-28. Repealed by SL 1975, ch 62, § 3
40-31-29 Annual report to Governor.
40-31-30 40-31-30. Repealed by SL 1991, ch 186, § 24
40-31-31 Report of violations to attorney general.
40-31-32 Severability of provisions.
40-31-1. Definition of terms.
Terms used in this chapter mean:
(1) "Association," the American Dairy Association of South Dakota;
(2) "Dealer," any person who buys, sells, manufactures, processes, or ships dairy products or who acts as sales or purchasing agent, broker, or factor of dairy products;
(3) "Person," individuals, corporations, limited liability companies, partnerships, trusts, associations, cooperatives, and any and all other business units;
(4) "Processor," one who converts milk or cream into a manufactured dairy product;
(5) "Producer," every person who produces milk or cream from cows or goats and thereafter sells the same as milk, cream, or other dairy products.
Source: SL 1951, ch 5, § 1; SL 1955, ch 4, § 1; SDC Supp 1960, § 4.2201; SL 1994, ch 351, § 98.
40-31-2. Association created--Producer and processor members--Nonvoting members.
There is hereby created an American Dairy Association of South Dakota. This association shall be composed of three dairy producers and two dairy processors who are residents of this state, with the secretary of agriculture and natural resources or the secretary's representative, the head of the dairy department of the South Dakota State University, and the state executive member of the American Dairy Association acting as nonvoting members.
Source: SL 1951, ch 5, § 2; SL 1955, ch 4, § 2; SDC Supp 1960, § 4.2202; SL 2004, ch 260, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-2.1. Direction and supervision by Department of Agriculture and Natural Resources--Independent functions retained by Association.
The American Dairy Association of South Dakota shall be administered under the direction and supervision of the Department of Agriculture and Natural Resources and the secretary thereof, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in § 1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of agriculture and natural resources. The staff director of the association shall be nominated by the association and appointed by the secretary of agriculture and natural resources to serve at the pleasure of the secretary of agriculture and natural resources.
Source: SL 1973, ch 2, § 135; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-2.2. Cooperative agreements to fund or conduct dairy promotion efforts.
The secretary of agriculture and natural resources may enter agreements to fund or conduct dairy promotion efforts in cooperation with regional and national dairy promotion programs, on behalf of the American Dairy Association of South Dakota.
Source: SL 2004, ch 260, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-3. Nomination, appointment and terms of producer members.
The Governor shall appoint the producer members of the American Dairy Association from among a list of nominees supplied by any statewide nonprofit dairy organization incorporated under state law, for a period of three years, beginning on October thirty-first with one producer member to be appointed each year as the terms of previous appointees expire. The appointee's term shall expire on October thirtieth in the third year of appointment. The list of nominees shall comprise at least twice the number of appointments to be made.
Source: SL 1951, ch 5, § 2; SL 1955, ch 4, § 2; SDC Supp 1960, § 4.2202; SL 2004, ch 260, § 3; SL 2012, ch 16, § 20.
40-31-4. Nomination, appointment and terms of processor members.
The processor members of the American Dairy Association shall be appointed by the Governor from among a list of nominees supplied by the South Dakota Dairy Association. The list shall be at least twice the number of appointments to be made. Each term is for a period of two years beginning on October thirty-first with one processor member to be appointed each year as the term of a previous appointee expires.
Source: SL 1951, ch 5, § 2; SL 1955, ch 4, § 2; SDC Supp 1960, § 4.2202; SL 2013, ch 176, § 13.
40-31-6. Officers of association--Orders and rules--Bonds required.
The American Dairy Association shall have the power and duty to elect a chairman, vice-chairman, secretary, and treasurer who shall be members of the association and such other officers as it may deem advisable, and may adopt orders for the exercise of its powers and the performance of its duties. The association shall cause its officers to be adequately bonded for the faithful performance of their duties and the strict accounting for all funds of the association. The association may promulgate rules pursuant to chapter 1-26 concerning:
(1) Declaratory rulings;
(2) Reporting requirements;
(3) Assessments and collection procedures; and
(4) Refunds and refund procedures.
Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SL 1957, ch 5, § 3; SDC Supp 1960, §§ 4.2203(1), 4.2208; SL 1986, ch 326, § 90.
40-31-7. Employment and compensation of other personnel.
The Department of Agriculture and Natural Resources shall have the power and duty to employ for the American Dairy Association and discharge at its pleasure such attorneys, advertising counsel, clerks, and employees as it deems necessary and to prescribe their duties and fix their compensation.
Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (3); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-8. Offices of Association--Expenses--Contracts and agreements.
The Department of Agriculture and Natural Resources shall have the power and duty to establish offices for the American Dairy Association and incur any and all expense and to enter into any and all contracts and agreements for the proper administration and enforcement of this chapter.
Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (4); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-9. Assessment on milk produced in state--Application.
There is hereby levied an assessment of ten cents per hundred weight on all milk produced in the state. However, the provisions of this section do not apply to milk produced outside of the state or to milk consumed upon the farm where produced.
Source: SL 1951, ch 5, § 5; SL 1955, ch 4, § 5; SL 1957, ch 5, § 1; SDC Supp 1960, § 4.2205 (1); SL 1971, ch 227, § 1; SL 2004, ch 260, § 4.
40-31-11. Assessment collected by first dealer--Producers responsible for payment.
All assessments levied and imposed under this chapter shall be deducted from the price paid to the producer and shall be collected by the first dealer, provided, however, that:
(1) Where the producer sells directly to the consumer, the taxes aforesaid shall be collected from such producer;
(2) Where the producer sells outside the State of South Dakota, the assessments aforesaid shall be due and payable by such producer except that agreements may be made with dealers outside of the state for the purpose of collecting the assessments aforesaid from such dealers.
Source: SL 1951, ch 5, § 5; SL 1955, ch 4, § 5; SL 1957, ch 5, § 1; SDC Supp 1960, § 4.2205 (2); SL 1964, ch 4, § 2.
40-31-12. Record of milk handled by dealers and producers--Form--Report--Preservation--Inspection.
All dealers and producers charged under this chapter with the obligation of collecting and remitting the assessment imposed by this chapter shall keep a complete and accurate record of all milk subject to assessments by this chapter which may be handled. The record shall be in such form and contain such information and be reported to the South Dakota Department of Agriculture and Natural Resources at such times as the American Dairy Association may prescribe. The record shall be preserved by the person charged with keeping the record for a period of two years. The record is subject to inspection by the South Dakota Department of Agriculture and Natural Resources.
Source: SL 1951, ch 5, § 6; SL 1955, ch 4, § 6; SL 1957, ch 5, § 2; SDC Supp 1960, § 4.2206; SL 1971, ch 227, § 2; SL 2004, ch 260, § 5; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-13. Monthly return of dairy products handled by dealer or producer.
Every dealer or producer charged by this chapter or by agreement with the keeping of records provided in this chapter shall, as the American Dairy Association by its regulations may require, file with the association a return on or before the fifteenth day of each month, on forms to be prescribed and furnished by the association stating the quantity of dairy products subject to assessment during the preceding month and such other information as the association may reasonably require. A copy of such return shall be retained by all dealers for inspection by the producers selling to them.
Source: SL 1951, ch 5, § 7; SL 1955, ch 4, § 7; SDC Supp 1960, § 4.2207; SL 1976, ch 253.
40-31-14. Computation of assessment by association when monthly return not filed.
In case any person charged under this chapter with the obligation of filing a return or collecting and remitting the assessment imposed by this chapter fails to make a return when due, or fails to collect or remit such assessment as herein provided, an officer of the American Dairy Association designated by it for such purpose after ten days' notice to such person shall have a hearing thereon and determine the amount of such tax according to his best judgment and information, which amount so fixed by the association officer shall be prima facie correct.
Source: SL 1951, ch 5, § 10; SL 1957, ch 5, § 4; SDC Supp 1960, § 4.2210; SL 1964, ch 4, § 3.
40-31-15. Payment of assessment computed by Association--Penalty and interest.
Any person charged under this chapter with the obligation of filing a return who fails to do so shall, within ten days after notice of the amount of tax fixed and computed by the officer pursuant to § 40-31-14 is mailed to that person, pay the tax, together with a penalty of ten percent on the amount of the tax. In addition to the penalty, if payment is not made within ten days, interest at the Category D rate of interest as established in § 54-3-16 calculated from the date of mailing the notice shall be added to the amount of tax.
Source: SL 1951, ch 5, § 10; SL 1957, ch 5, § 4; SDC Supp 1960, § 4.2210; SL 1964, ch 4, § 3; SL 1983, ch 28, § 52; SL 1984, ch 319, § 26.
40-31-16. Recovery of tax, penalty, and interest--Tax collection remedies available.
In the case of failure to pay the tax or any portion of the tax, or any penalty or interest provided for in this chapter, when due, the Department of Agriculture and Natural Resources may recover the amount of the tax, penalty, and interest. The provisions of §§ 10-59-11 to 10-59-15, inclusive, which provide for the creation, notice, recording, and enforcement of liens, collection by distress warrant, and injunction, apply to and are available for collection of the tax imposed by this chapter. The secretary of agriculture and natural resources shall perform the duties specified for the secretary of revenue in chapter 10-59. However, any lien or suit filed shall be in the name of the Department of Agriculture and Natural Resources.
Source: SL 1951, ch 5, § 10; SL 1957, ch 5, § 4; SDC Supp 1960, § 4.2210; SL 1964, ch 4, § 3; SL 2017, ch 66, § 6; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-17. Producer's application for refund of assessment--Approval by association.
Any producer desiring a refund of an assessment paid under this chapter must himself make written application to the secretary of the American Dairy Association of South Dakota therefor. Such application may only be made on an annual basis and may only be made within thirty days after July first, of each year on forms provided by the association. Upon receipt of such completed refund application upon such forms, the secretary of the association shall, within thirty days approve the voucher for payment of the net refund due such producer and transmit such voucher to the state auditor.
Source: SL 1951, ch 5, § 5; SL 1955, ch 4, § 5; SL 1957, ch 5, § 1; SDC Supp 1960, § 4.2205 (3); SL 1964, ch 4, § 2; SL 1977, ch 323; SL 1978, ch 287.
40-31-18. Assessments paid into dairy association fund--Purposes for which used--Warrants.
All moneys received by the Department of Agriculture and Natural Resources from the assessments levied under the provisions of this chapter shall be paid to the state treasurer and placed in a fund designated as the "American Dairy Association of South Dakota fund." Said fund and the accumulations therein are appropriated for the uses and purposes of the association as prescribed by the laws relating to the American Dairy Association of South Dakota. The state auditor shall issue warrants upon such fund approved by the American Dairy Association of South Dakota.
Source: SL 1951, ch 5, § 5; SL 1955, ch 4, § 5; SL 1957, ch 5, § 1; SDC Supp 1960, § 4.2205 (2); SL 1964, ch 4, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-19. Voluntary contributions to association.
The American Dairy Association shall have the power and duty to accept and disburse voluntary contributions for the use and purposes of the association.
Source: SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (10).
40-31-20. Disbursement of association funds.
The American Dairy Association shall have the power and duty to authorize the disbursement of moneys as may be available to it in support of itself and its purposes but only to the extent that such money is available.
Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (9).
40-31-21. Expenses paid from and limited by dairy association fund.
No part of the expense incurred by the association shall be paid from any other than the American Dairy Association of South Dakota fund and the expenses incurred by the association shall at no time exceed the amount available in the fund.
Source: SL 1951, ch 5, § 8; SL 1955, ch 4, § 8; SL 1957, ch 5, § 3; SDC Supp 1960, § 4.2208.
40-31-22. Power to sue and be sued--Contract power.
The Department of Agriculture and Natural Resources, on behalf of the American Dairy Association, shall have the power to sue and be sued and to contract and be contracted with.
Source: SL 1951, ch 5, § 2; SL 1955, ch 4, § 2; SDC Supp 1960, § 4.2202; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-23. Research activities of department.
The Department of Agriculture and Natural Resources shall have the power and duty to conduct scientific research for the purpose of developing and discovering health, food, therapeutic, dietetic, and industrial uses for dairy products.
Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (6); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-24. Promotional and advertising activities of department.
The Department of Agriculture and Natural Resources shall plan and conduct campaigns for dairy commodity advertising, publicity, and sales promotion, research and educational campaigns, to increase the consumption of dairy products, and may contract for any advertising, publicity, and sales promotion, research and educational service. The department shall have the power and duty to make in the name of the American Dairy Association such advertising contracts and other agreements as it deems desirable, and to promote the sale and consumption of dairy products on either a state or national basis.
Source: SL 1951, ch 5, §§ 3, 4; SL 1955, ch 4, §§ 3, 4; SDC Supp 1960, §§ 4.2203 (7), 4.2204; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-25. Administration and enforcement of chapter--Necessary powers.
The Department of Agriculture and Natural Resources shall have the power and duty to administer and enforce this chapter and to do and perform all acts and exercise all powers reasonably necessary to effectuate the purposes of this chapter.
Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (2); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-31-26. Record and account maintained by association.
The American Dairy Association shall have the power and duty to keep an accurate record and account of its dealings which shall be a public record.
Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (8).
40-31-27. Copies of records as prima facie evidence.
Copies of the proceedings, records, and accounts of the association, when certified by its secretary, shall be admissible in evidence and shall be prima facie evidence of the truth of all statements therein contained.
Source: SL 1951, ch 5, § 2; SL 1955, ch 4, § 2; SDC Supp 1960, § 4.2202.
40-31-29. Annual report to Governor.
The American Dairy Association shall on or before the first day of September of each year make a full and complete report to the Governor of its activities for the twelve months previous.
Source: SL 1951, ch 5, § 9; SL 1955, ch 4, § 9; SDC Supp 1960, § 4.2209.
40-31-31. Report of violations to attorney general.
The American Dairy Association shall have the power and duty to report violations of this chapter to the attorney general of the State of South Dakota.
Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (5).
40-31-32. Severability of provisions.
If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Source: SL 1951, ch 5, § 11; SDC Supp 1960, § 4.2211.
40-32-1
Purpose of chapter.
40-32-2
Definition of terms.
40-32-3
Exemption of charitable, public, and educational institutions not producing for sale.
40-32-4
License required for milk plants, transporters, stations, distributors, and persons
buying or selling milk products.
40-32-5
License fees.
40-32-6
Milk plant license--Contents--Posting.
40-32-7
Transfer of plant licenses restricted.
40-32-8
Annual expiration of license.
40-32-9
Suspension of license for failure to comply with law.
40-32-10
Revocation or suspension of plant license for violations--Notice and opportunity to
defend.
40-32-10.1
Producer's permit required.
40-32-10.2
Issuance of producer's permit--Compliance with rules and regulations.
40-32-10.3
Renewal of producer's permit not required--Transfer of permits.
40-32-10.4
Suspension of producer's license or permit--Grounds--Sanctions--Court action.
40-32-10.5
Revocation of producer's permit--Hearing required--Suspension prior to hearing.
40-32-10.6
Dairy fieldman's service provided by plant.
40-32-10.7
Dairy fieldman's license required--Application and fee--Expiration.
40-32-10.8
Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authority
of secretary to suspend permit.
40-32-10.9
Revocation of dairy fieldman's license--Hearing required.
40-32-11
Tester and grader to be maintained in dairy products plant--License required.
40-32-12
Application for tester and grader's license--Fee--Examination of applicant.
40-32-13
Licenses for sampling and grading.
40-32-14
Issuance of tester and grader's license or sampling and grading license--Duration.
40-32-15
License withheld from applicant not meeting requirements.
40-32-16
Posting of tester and grader's license.
40-32-17
Suspension or revocation of tester and grader's or sampler and grader's license--Violation as ground for revocation.
40-32-18
Promulgation of rules.
40-32-19
Repealed.
40-32-20
Coloring matter mixed with products unfit for human consumption--Failure to
comply as misdemeanor.
40-32-21
Exemption of operations otherwise regulated.
40-32-22
Records and reports to secretary.
40-32-23
Access of department to premises, vehicles, and records--Taking of samples.
40-32-24
Repealed.
40-32-25
Inspection service fee for each dairy farm--Raw milk assessment fee.
40-32-26
Reinspection fee--When assessed.
40-32-27
Inspection fee for milk plants.
40-32-28
Penalty for delinquent payments.
40-32-29
Dairy inspection fund established--Expenditures.
40-32-30
Repealed.
40-32-31
Cooperation with secretary required--Refusal as misdemeanor.
40-32-32
Assistance of police in inspection.
40-32-33
Contraband.
40-32-1. Purpose of chapter.
The purpose of this chapter is to protect the public health by securing the wholesomeness and purity of milk and milk products, and to prevent fraud and deception in the purchase, manufacture, and sale of milk and milk products.
Source: SL 1957, ch 92, § 1; SDC Supp 1960, § 4.1901.
40-32-2. Definition of terms.
Terms as used in this chapter, mean:
(1) "Bulk milk pick-up tanker," any vehicle, including the truck, tank, and those appurtenances necessary for the tank's use, used by a bulk milk hauler or sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station, or transfer station;
(2) "Dairy farm," any place or premise where one or more cows, sheep, or goats are kept and from which a part or all of the milk or milk products are produced and sold, or offered for sale to a milk plant;
(3) "Dairy fieldman," a person employed by the milk plant to determine if a producer is maintaining satisfactory production requirements in accordance with this chapter and the rules promulgated pursuant to this chapter;
(4) "Department," the Department of Agriculture and Natural Resources;
(5) "Grade A," any milk or milk product that complies with the standards set forth in any rules promulgated pursuant to § 39-6-9;
(6) "Manufacturing grade milk," any milk or milk product that is produced for processing and manufacturing into products for human consumption in accordance with the standards set by rules promulgated pursuant to the authority granted in §§ 39-6-9 and 40-32-18 and that is not subject to the requirements of Grade A milk or raw milk for human consumption;
(7) "Marketing organization," an entity established for the purpose of procuring farm produced milk and offering for sale that milk to a milk plant, receiving station, or transfer station;
(8) "Milk distributor," any person who purchases milk or any milk product and transports the milk or milk product to a retail dealer or a consumer;
(9) "Milk plant," any place where milk or a milk product is delivered or processed for commercial purposes;
(10) "Milk product," any product formulated by the addition of milk or a product derived from more than fifty percent milk if the milk or the product derived from more than fifty percent milk is greater than fifty percent of the product by weight or volume;
(11) "Milk transport tank," any vehicle, including the truck and tank, used by a bulk milk hauler or sampler to transport bulk shipments of milk and any milk product, from a milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station;
(12) "Pasteurization," the process of heating every particle of milk or milk product in properly designed and operated equipment, to one of the temperatures given in the following table and held continuously at or above that temperature for at least the corresponding specified time:
Temperature |
Time |
*145F (63C) |
30 minutes |
*161F (72C) |
15 seconds |
191F (89C) |
1 second |
194F (90C) |
0.5 second |
201F (94C) |
0.1 second |
204F (96C) |
0.05 second |
212F (100C) |
0.01 second |
* If the fat content of the milk product is ten percent or more, or if it contains added sweeteners, the specified temperature shall be increased by 5F (3C). However, eggnog shall be heated to at least the following temperature and time specifications:
Temperature |
Time |
155F (69C) |
30 minutes |
175F (80C) |
25 seconds |
180F (83C) |
15 seconds |
Nothing in this definition bars any other pasteurization process which has been recognized by the Food and Drug Administration to be equally efficient and which is approved by the regulatory agency;
(13) "Pasteurization unit," a unit of equipment that pasteurizes milk and milk products that meets the 3-A accepted practices for the sanitary construction, installation, testing, and operation of a pasteurizer;
(14) "Producer," any person who operates a dairy farm and provides, sells, or offers milk or raw milk for human consumption for sale;
(15) "Receiving station," any place, premise, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting;
(16) "Secretary," the secretary of agriculture and natural resources;
(17) "Single-service article fabricating plant," any plant manufacturing single-service articles expected to be in contact with Grade A milk and milk products;
(18) "Transfer station," any place, premise, or establishment where milk or milk products are transferred directly from one milk tank truck to another.
Source: SDC 1939, § 4.1902; SL 1941, ch 4; SL 1943, ch 9, § 1; SL 1945, ch 14; SL 1951, ch 111, § 1; SL 1953, ch 8; SL 1957, ch 92, § 2; SL 1969, ch 8, § 1; SL 1980, ch 280, § 1; SL 1987, ch 299, § 1; SL 1988, ch 329, § 1; SL 2009, ch 205, § 1; SL 2010, ch 205, § 12; SL 2015, ch 207, § 6; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-3. Exemption of charitable, public, and educational institutions not producing for sale.
This chapter shall in no way apply to religious, hospital, charitable, state, county, or educational institutions or organizations not engaged in the business of manufacturing or processing for sale, milk or milk products.
Source: SL 1957, ch 92, § 1; SDC Supp 1960, § 4.1901.
40-32-4. License required for milk plants, transporters, stations, distributors, and persons buying or selling milk products.
Any person engaged in the operation of a receiving station, transfer station, bulk milk pick-up tanker, milk transport tank, plant fabricating single-service articles or milk distributor in South Dakota, or any person buying milk produced in South Dakota, or any person selling milk, any milk product, or raw milk for human consumption, shall, before beginning business, obtain from the secretary a license for each place of business owned or operated by the person in South Dakota, and for each milk distributor or milk plant buying or selling milk or any milk product in South Dakota.
Source: SDC 1939, § 4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, § 3; SL 1965, ch 6; SL 1969, ch 8, § 2; SL 1980, ch 280, § 2; SL 1987, ch 299, § 2; SL 2009, ch 205, § 2; SL 2015, ch 207, § 7.
40-32-5. License fees.
The license fee for the following facilities requiring licenses is as follows:
(1) In-state milk processing plant (by pounds of milk or milk product produced):
(a) Less than 100,000 pounds per day, two hundred fifty dollars;
(b) 100,000 to 500,000 pounds, inclusive, per day, five hundred dollars;
(c) Over 500,000 pounds per day, one thousand dollars;
(2) Out-of-state milk processing plants or marketing organization, two hundred fifty dollars;
(3) Receiving station, two hundred fifty dollars;
(4) Plant fabricating single-service articles, two hundred fifty dollars;
(5) Milk distributor, two hundred fifty dollars;
(6) Transfer station, one hundred dollars;
(7) Bulk milk pick-up tanker or milk transport tank, fifty dollars;
(8) A producer who packages and sells raw milk for human consumption, fifty dollars.
Source: SDC 1939, § 4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, § 3; SL 1965, ch 6; SL 1969, ch 8, § 2; SL 1980, ch 280, § 3; SL 1981, ch 286, § 11; SL 1987, ch 299, § 3; SL 2009, ch 205, § 3; SL 2015, ch 207, § 8.
40-32-6. Milk plant license--Contents--Posting.
Each license for a milk plant shall record the name of the person owning or operating the plant licensed, the plant's place of business, the location of the plant, the name of the manager, and the number of the license. Each license so issued shall constitute a license to the manager or agent of the place of business named in the license and one license shall be sufficient for all manufacturing processes of milk or milk products. Each license issued shall be posted in the office of the plant licensed.
Source: SDC 1939, § 4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, § 3; SL 1965, ch 6; SL 1969, ch 8, § 2; SL 1980, ch 280, § 4; SL 2009, ch 205, § 4.
40-32-7. Transfer of plant licenses restricted.
No license for a milk plant is transferable from one person to another, but may be transferred from one location to another in the same municipality with the approval of the secretary of agriculture and natural resources.
Source: SDC 1939, § 4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, § 3; SL 1965, ch 6; SL 1969, ch 8, § 2; SL 1980, ch 280, § 5; SL 2009, ch 205, § 5; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-8. Annual expiration of license.
Each license issued pursuant to § 40-32-5 is good for one year or any fraction thereof, and shall terminate on December thirty-first of each year.
Source: SDC 1939, § 4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, § 3; SL 1965, ch 6; SL 1969, ch 8, § 2; SL 1980, ch 280, § 6; SL 1987, ch 299, § 4.
40-32-9. Suspension of license for failure to comply with law.
The secretary of agriculture and natural resources or his duly authorized representative may suspend a dairy products license for failure to comply with any existing dairy statutes or regulations for such time as may be necessary for the owner or operator to make the necessary corrections to comply with the dairy statutes and regulations.
Source: SL 1957, ch 92, § 5; SDC Supp 1960, § 4.1905; SL 1969, ch 8, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-10. Revocation or suspension of plant license for violations--Notice and opportunity to defend.
The secretary shall, upon evidence of violations of the provisions of this chapter and chapters 39-6, 39-7, and 39-8, and any rules promulgated pursuant to those chapters, revoke or suspend any dairy products plant license. However, no license may be revoked except on twenty days' notice to the licensee or the licensee's agent or manager. Any notice shall be served as summons is served in civil actions, specify the substance of the complaint and the time and place at which evidence will be heard in support of the complaint, and that an opportunity will be offered to the licensee complained about to submit evidence and proof in defense of any charge.
Source: SDC 1939, § 4.1906; SL 1957, ch 92, § 5; SDC Supp 1960, § 4.1905; SL 1969, ch 8, § 4; SL 2010, ch 205, § 13.
40-32-10.1. Producer's permit required.
A producer engaged in the business of producing milk and offering for sale such milk for purposes other than Grade A milk pursuant to the provisions of chapter 39-6 and before the milk is to be transported from the premises of the producer, shall obtain a permit from the secretary. A producer engaged in the business of producing raw milk for human consumption pursuant to the provisions of chapter 39-6 and before the raw milk is sold directly to the consumer, shall obtain a permit from the secretary.
Source: SDC 1939, § 4.1903 as added by SL 1969, ch 8, § 2; SL 1988, ch 329, § 6; SL 2009, ch 205, § 6; SL 2010, ch 205, § 14; SL 2015, ch 207, § 9.
40-32-10.2. Issuance of producer's permit--Compliance with rules and regulations.
All milk plants shall submit to the secretary of agriculture and natural resources a list of all such producers who are currently doing business with them and supply the secretary with sufficient information upon which he shall issue a permit, providing that the secretary shall have the discretion to refuse a permit if he deems the producer is not producing a quality product; and further, providing that when the secretary has adopted necessary rules and regulations and on proper notice to the producer the producer shall have thirty days within which to comply; and further providing that the producer shall not be in violation until such time that the secretary has adopted necessary rules and regulations and the producer has been afforded his rights under chapter 1-26.
Source: SDC 1939, § 4.1903 as added by SL 1969, ch 8, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-10.3. Renewal of producer's permit not required--Transfer of permits.
Each permit issued under § 40-32-10.2 shall be to the producer and the location named therein and need not be renewed unless revoked by the secretary of agriculture and natural resources. No permit shall be transferable to another location but may be transferred from one producer to another with the approval of the secretary or his duly authorized agent.
Source: SDC 1939, § 4.1903 as added by SL 1969, ch 8, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-10.4. Suspension of producer's license or permit--Grounds--Sanctions--Court action.
The department may suspend a producer's license or permit upon failure by the holder of the permit to comply with any of the terms of state statute or promulgated rule or for interference with inspection. In addition to the administrative sanctions available to the department pursuant to this chapter and chapters 39-6, 39-7, and 39-8, any licensed or nonlicensed producer who commits any violation of this chapter or chapters 39-6, 39-7, or 39-8, may be assessed a fine, not to exceed five thousand dollars per violation, or may be subject to injunctive and declaratory relief by the circuit court. All fines collected pursuant to this section are subject to S.D. Const., Art. VIII, § 3. The department is not required to seek the administrative sanctions available under this section prior to commencing an action in circuit court against an alleged violator of this chapter or chapters 39-6, 39-7, or 39-8.
Source: SDC Supp 1960, § 4.1905 as added by SL 1969, ch 8, § 4; SL 2010, ch 205, § 15.
40-32-10.5. Revocation of producer's permit--Hearing required--Suspension prior to hearing.
A producer's permit may be revoked by the secretary of agriculture and natural resources for due cause after the holder of a permit has been given the opportunity for a hearing before the secretary. The secretary shall, upon the request of the holder of a permit, fix the time and place for such hearing. No permit shall be revoked prior to the hearing herein provided, but a permit may be suspended prior to such time and said suspension shall be in full force and effect until the hearing at which time the secretary shall make his final determination.
Source: SDC Supp 1960, § 4.1905 as added by SL 1969, ch 8, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-10.6. Dairy fieldman's service provided by plant.
Any milk plant purchasing milk for purposes other than Grade A as set forth in chapter 39-6 shall provide adequate and continuous service of a dairy fieldman in determining for the secretary of agriculture and natural resources by inspection of each dairy farm selling milk to such plant that the facilities and methods of production are in compliance with this chapter and the rules and regulations adopted thereunder. A dairy fieldman shall have access, ingress, and egress to all such dairy farms.
Source: SDC Supp 1960, § 4.1904 as added by SL 1969, ch 8, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-10.7. Dairy fieldman's license required--Application and fee--Expiration.
Any person performing the duties of a dairy fieldman shall first obtain a license by applying on a form provided by the secretary of agriculture and natural resources. Upon receipt of the application and a fee of fifty dollars, the secretary shall determine if the applicant is competent and qualified before issuing the license. Each license for a dairy fieldman is valid for one year or any fraction thereof and terminates on July first of each year.
Source: SDC Supp 1960, § 4.1904 as added by SL 1969, ch 8, § 3; SL 1971, ch 228; SL 1981, ch 286, § 12; SL 2009, ch 205, § 7; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-10.8. Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authority of secretary to suspend permit.
The secretary of agriculture and natural resources may make provisions for the dairy fieldman's assistance in the reinstatement of a producer permit: Provided, that a suspension of a producer's permit shall only be made by the secretary or his duly authorized agent.
Source: SDC Supp 1960, § 4.1904 as added by SL 1969, ch 8, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-10.9. Revocation of dairy fieldman's license--Hearing required.
The secretary of agriculture and natural resources may revoke a dairy fieldman's license for due cause after the holder of the license has been given an opportunity for a hearing, the holder of the license shall be given notice in writing of the time and place of such hearing at least ten days before the date of such hearing.
Source: SDC Supp 1960, § 4.1906 as added by SL 1969, ch 8, § 5; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-11. Tester and grader to be maintained in dairy products plant--License required.
A tester and grader of cream and milk, duly qualified to sample, test, and grade cream and milk and licensed as required in §§ 40-32-12 to 40-32-16, inclusive, shall be maintained in every creamery, cream station, or milk plant. No individual can sample, test, or grade cream or milk, where the samples, tests, or grades are used as the basis of payment to the producer, without first securing a license from the secretary of agriculture and natural resources.
Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-12. Application for tester and grader's license--Fee--Examination of applicant.
Applications for a tester and grader's license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. Upon receipt of an application and a fee of fifty dollars, each applicant shall be given an examination prescribed by the secretary. The examination shall determine the applicant's knowledge of South Dakota laws pertaining to the dairy industry and shall contain an actual demonstration by the applicant, sampling, testing, and grading milk.
Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 1981, ch 286, § 13; SL 2009, ch 205, § 8; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-13. Licenses for sampling and grading.
An application for a sampling and grading license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. A fee of fifty dollars shall be submitted with the application. A license shall be issued to persons for sampling and grading of milk at a milk plant, or for the operator of a bulk tank truck picking up milk at the farm, upon satisfactory completion of an examination pertaining to sampling and grading and an evaluation of sampling methods. Each license shall be stamped, "Sampler Only" or "Bulk Hauler."
Source: SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 2009, ch 205, § 9; SL 2016, ch 205, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-14. Issuance of tester and grader's license or sampling and grading license--Duration.
After successful completion of the examination required by §§ 40-32-12 and 40-32-13, the secretary of agriculture and natural resources shall issue a tester and grader's license or sampling and grading license. Each license is valid for one year or any fraction thereof and terminated on July first of each year.
Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 2016, ch 205, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-15. License withheld from applicant not meeting requirements.
The secretary of agriculture and natural resources may withhold a tester and grader's license or a sampling and grading license from any applicant who does not meet the licensing requirements.
Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 2016, ch 205, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-16. Posting of tester and grader's license.
Each tester and grader's license shall be posted in a conspicuous place in the room where the testing and grading is done.
Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3.
40-32-17. Suspension or revocation of tester and grader's or sampler and grader's license--Violation as ground for revocation.
The secretary of agriculture and natural resources may suspend or revoke a tester and grader's license or a sampler and grader's license of any person who fails to comply with the provisions of this chapter. Conviction of a licensee for any violation of this chapter shall be sufficient grounds for revocation of the offender's license.
Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 6; SDC Supp 1960, § 4.1906; SL 1969, ch 8, § 5; SL 2002, ch 192, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-18. Promulgation of rules.
The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 as may be needed to:
(1) Determine and define grades of milk and price differentials to be paid between grades;
(2) Determine and define methods of testing and grading and records to be kept of such testing and grading;
(3) Define individual milk products and set standards for each;
(4) Determine and define methods of production, manufacture, and processing of milk and milk products;
(5) Determine and define construction and sanitation standards for dairy farms and milk plants;
(6) Determine and define construction and sanitation standards for equipment used on dairy farms and milk plants, including transportation equipment for milk and milk products;
(7) Determine and define proper container capacities, labeling, and advertising;
(8) Determine and define duties and responsibilities of a dairy fieldman; and
(9) Review and approve plans and specifications prior to construction.
Source: SDC 1939, § 4.1901; SL 1943, ch 9, § 13; SL 1957, ch 92, § 10; SDC Supp 1960, § 4.1910; SL 1969, ch 8, § 7; SL 1980, ch 280, § 7; SL 1986, ch 326, § 91; SL 2009, ch 205, § 10; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-20. Coloring matter mixed with products unfit for human consumption--Failure to comply as misdemeanor.
The grader or the secretary's authorized representative, who is grading milk or milk products, shall thoroughly mix with any unlawful milk or milk products, as defined under this chapter or the regulations pertaining thereto, a harmless coloring matter as will render such milk or milk products unfit for human consumption. The failure to comply with this section is a Class 2 misdemeanor.
Source: SL 1943, ch 9, § 7; SL 1957, ch 92, § 8; SDC Supp 1960, § 4.1908; SL 1991, ch 186, § 25; SL 1992, ch 289.
40-32-21. Exemption of operations otherwise regulated.
Any part of a milk plant's operations subject to Grade A regulations as set forth in chapter 39-6 or in chapter 39-8, is exempt from all provisions of this chapter except the licensing provisions.
Source: SL 1957, ch 92, § 1; SDC Supp 1960, § 4.1901.
40-32-22. Records and reports to secretary.
The secretary of agriculture and natural resources may require such reports and records kept and sent to his office as may be needed for the proper enforcement of this chapter.
Source: SL 1957, ch 92, § 9; SDC Supp 1960, § 4.1909; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-23. Access of department to premises, vehicles, and records--Taking of samples.
The department shall have access, ingress, and egress to all places of business, factories, buildings, or related areas where any milk or milk products are produced, bought, manufactured, held, or stored, including any vehicles used for the transportation of milk or milk products. The department shall have access to all of the books and records of such places of business for the purpose of enforcing the provisions of this chapter. The department may take any samples deemed necessary for the proper enforcement of this chapter.
Source: SDC 1939, § 4.1905; SL 1943, ch 9, § 13; SL 1957, ch 92, § 7; SDC Supp 1960, § 4.1907; SL 1969, ch 8, § 6; SL 2010, ch 205, § 16.
40-32-25. Inspection service fee for each dairy farm--Raw milk assessment fee.
A milk plant or marketing organization of milk, milk products, sheep milk, or goat milk that processes or markets Manufacturing Grade or Grade A milk shall pay an inspection service fee for each dairy farm. The inspection fee shall be one hundred dollars per Grade A or fifty dollars per Manufacturing Grade dairy farm and be paid semiannually by July first and January first to the secretary. In addition, beginning on January 1, 2010, each milk buyer shall pay a monthly raw milk assessment fee on all milk purchased from South Dakota producers, which shall be paid by the beginning of each month to the secretary. The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 to establish the raw milk assessment fee which may not exceed one cent per hundredweight on all milk purchased.
Source: SL 1988, ch 329, § 2; SL 2001, ch 225, § 1; SL 2009, ch 205, § 11; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-32-26. Reinspection fee--When assessed.
A reinspection fee of two hundred dollars per inspection shall be paid to the secretary by the milk plant or marketing organization for each dairy farm inspection exceeding the required biannual Grade A or annual Manufacturing Grade farm facility inspection resulting from adverse actions such as farm permit suspension, degrade, or unsanitary conditions to be corrected within a specified period of time.
Source: SL 1988, ch 329, § 3; SL 2001, ch 225, § 2; SL 2009, ch 205, § 12.
40-32-27. Inspection fee for milk plants.
Each milk plant requiring inspection service from the department on pasteurization units shall annually pay two hundred fifty dollars per pasteurization unit to the secretary. The inspection fee shall be paid annually and is due July first of each year. A one-hundred-fifty-dollar resealing fee for any pasteurization unit shall be assessed to the plant and billed at the end of the month for nonroutine equipment checks.
Source: SL 1988, ch 329, § 4; SL 2009, ch 205, § 13.
40-32-28. Penalty for delinquent payments.
The department shall impose a penalty in addition to the inspection fee that is more than one month delinquent. Such penalty shall be ten percent of the total fee each month or portion of a month.
Source: SL 1988, ch 329, § 5.
40-32-29. Dairy inspection fund established--Expenditures.
Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the dairy inspection fund. Expenditures of these funds shall be made pursuant to provisions of chapter 4-7, not to exceed sixty percent of the total dairy program budget. The department shall provide the dairy industry and the Legislature an annual report of the previous year's activities.
Source: SL 1988, ch 329, § 7; SL 2009, ch 205, § 14; SL 2011, ch 190, § 1.
40-32-31. Cooperation with secretary required--Refusal as misdemeanor.
Any person dealing in any product governed by this chapter shall give the secretary all aid within his power in discovering any product, and all records pertaining to that product, which may be suspected of being in violation of this chapter. Any refusal to render such aid is a Class 2 misdemeanor.
Source: SL 1992, ch 290, § 1.
40-32-32. Assistance of police in inspection.
The secretary may, by written or oral notice, require any police officer to assist in inspecting any place or product subject to the provisions of this chapter.
Source: SL 1992, ch 290, § 2.
40-32-33. Contraband.
Any milk or milk product which is adulterated, misbranded, or otherwise illegal is contraband and subject to condemnation and disposal as provided in §§ 40-32-34 and 40-32-35.
Source: SL 1992, ch 290, § 3.
40-32-34. Seizure or quarantine of contraband--Tagging--Violation as misdemeanor.
The secretary may seize or quarantine by tagging or otherwise marking any milk or milk product which is, or which is suspected of being, contraband and for this purpose is vested with police powers. The tag or marking shall be notice to all persons not to remove or otherwise molest marked or tagged material until given permission by the secretary or a court. The owner or operator of the milk or milk product shall be notified in person or by telephone before the tag or marker is placed on the milk or milk product. Any person who removes or otherwise molests any milk or milk product tagged or marked as provided by this section without permission is guilty of a Class 2 misdemeanor.
Source: SL 1992, ch 290, § 4.
40-32-35. Petition for condemnation of contraband--Hearing--Disposal of contraband.
The secretary upon seizing or quarantining contraband pursuant to § 40-32-34 may, within two days, petition the circuit court for the county in which the contraband material is found for condemnation of the material. The court shall fix a time and place of hearing and provide for reasonable notice thereof to the person in whose possession the contraband material was found. Upon hearing, the court shall determine whether the milk or milk product is in fact adulterated, misbranded or otherwise illegal. If the court determines that the article is adulterated, misbranded or otherwise illegal, it shall order that the same be condemned and destroyed or otherwise disposed of as the court shall direct.
Source: SL 1992, ch 290, § 5.
CHAPTER 40-33
DEALERS IN POULTRY, EGGS AND DAIRY PRODUCTS
40-33-1 Definition of terms.
40-33-2 Business constituting dealing at wholesale.
40-33-3 Producer not deemed dealer at wholesale.
40-33-4 Resident paying cash for purchases not deemed dealer at wholesale.
40-33-5 Cooperatives not deemed dealers at wholesale.
40-33-6 40-33-6. Repealed by SL 1977, ch 190, § 537
40-33-7 Bond required of dealer at wholesale--Terms of bond.
40-33-8 Additional bond required when wholesale dealer's bond inadequate.
40-33-9 Statements of business required of wholesale dealer--Suspension or revocation of license for failure to comply.
40-33-10 Complaint to secretary of damage from breach of bond conditions.
40-33-11 Investigation of complaint against wholesale dealer--Notice and hearing--Report and conclusions.
40-33-12 Civil action on wholesale dealer's bond--Approval by secretary required.
40-33-13 Record of hearing as evidence.
40-33-14 Apportionment of bond proceeds when insufficient to satisfy claims.
40-33-15 Action by secretary of agriculture and natural resources on wholesale dealer's bond--Proceeds deposited with secretary--Allowance of claims--Employment of counsel.
40-33-16 40-33-16. Repealed by SL 1991, ch 186, § 26
40-33-17 Suspension or revocation of license on violation of this chapter.
40-33-1. Definition of terms.
Terms used in this chapter mean:
(1) "Due date," seven days from the date of delivery of produce by the seller to the dealer at wholesale in the case of a sale, and in all cases where produce is consigned, seven days from the date the sale is made by the broker or handler to the dealer at wholesale;
(2) "Person," an individual, firm, corporation, limited liability company, copartnership, or association;
(3) "Produce," includes eggs, poultry, poultry products, or dairy products;
(4) "Voluntary extension of credit," a written agreement between the seller and the dealer at wholesale wherein the time of payment for the purchase price of produce is extended beyond the due date.
Source: SL 1955, ch 5, § 1; SDC Supp 1960, § 4.2401; SL 1963, ch 9, § 1; SL 1994, ch 351, § 99.
40-33-2. Business constituting dealing at wholesale.
Except as provided by §§ 40-33-3 to 40-33-5, inclusive, any person who shall buy or sell, contract to buy or sell, or handle on account of or as agent for another, and any person who shall similarly engage in the business of assembling and trucking for such purposes, any eggs, poultry, poultry products, or dairy products in wholesale lots for the purpose of resale, with or without an established place of business, shall, for the purpose of this chapter be deemed a dealer at wholesale.
Source: SL 1955, ch 5, § 2; SDC Supp 1960, § 4.2402; SL 1963, ch 9, § 2.
40-33-3. Producer not deemed dealer at wholesale.
A producer who sells eggs produced only by his own flock, or poultry raised by him, or poultry products processed by him from his own flock, or dairy products produced by him from his own herd, shall not be deemed a dealer at wholesale within the meaning of this chapter.
Source: SL 1955, ch 5, § 2; SDC Supp 1960, § 4.2402 (1); SL 1963, ch 9, § 2.
40-33-4. Resident paying cash for purchases not deemed dealer at wholesale.
Any resident of South Dakota who purchases, and at the time of purchase makes full payment in cash therefor, South Dakota eggs, poultry, poultry products, or dairy products, shall not be deemed a dealer at wholesale within the meaning of this chapter.
Source: SL 1955, ch 5, § 2; SDC Supp 1960, § 4.2402 (2); SL 1963, ch 9, § 2.
40-33-5. Cooperatives not deemed dealers at wholesale.
Cooperative associations having not more than forty percent of nonmember patrons shall not be deemed dealers at wholesale within the meaning of this chapter.
Source: SL 1955, ch 5, § 2; SDC Supp 1960, § 4.2402 (3); SL 1963, ch 9, § 2.
40-33-7. Bond required of dealer at wholesale--Terms of bond.
Any dealer at wholesale, as defined in this chapter, in addition to securing a license from the secretary of agriculture and natural resources, if such be required by the laws of this state, shall execute and file with the secretary a bond to the State of South Dakota with sureties to be approved by the secretary, the amount and form thereof to be fixed by the secretary, conditioned for the faithful performance of his duties as a dealer at wholesale, for the observance of all laws relating to the carrying on of the business of a dealer at wholesale, for the payment when due of the purchase price of produce purchased by him when notice of default is given the secretary within ninety days after the due date; provided, that the bond shall not cover transactions wherein it appears to the secretary that a voluntary extension of credit has been given on the produce by the seller to the dealer at wholesale beyond the due date, for the prompt settlement and payment of all claims and charges due the state for services rendered or otherwise, for the prompt reporting of sales, as required by law, to all persons consigning produce to the dealer at wholesale for sale on commission, and the prompt payment to the persons entitled thereto of the proceeds of such sales, less lawful charges, disbursements, and commissions. The bond shall cover all wholesale produce business transacted, in whole or in part, within the state.
Source: SL 1955, ch 5, § 3; SDC Supp 1960, § 4.2403; SL 1961, ch 8; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-33-8. Additional bond required when wholesale dealer's bond inadequate.
The secretary of agriculture and natural resources, when he is of the opinion that any bond theretofore given by any dealer at wholesale is inadequate for the proper protection of the public, may require the dealer at wholesale to give additional bonds in such amounts as from time to time he may determine and direct, with sureties to be approved by the secretary, and conditioned as set forth in § 40-33-7.
Source: SL 1955, ch 5, § 4; SDC Supp 1960, § 4.2404; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-33-9. Statements of business required of wholesale dealer--Suspension or revocation of license for failure to comply.
For the purpose of fixing or changing the amount of bonds required by § 40-33-7, the secretary of agriculture and natural resources may require from a dealer at wholesale verified statements of his business, and if the dealer at wholesale fails to furnish such information or to furnish a new bond, when directed by the secretary so to do, the secretary may forthwith suspend, and, after ten days' notice and opportunity to be heard, revoke his license.
Source: SL 1955, ch 5, § 4; SDC Supp 1960, § 4.2404; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-33-10. Complaint to secretary of damage from breach of bond conditions.
Any person claiming himself to be damaged by any breach of the conditions of a bond given by a dealer at wholesale, as provided in § 40-33-7, may enter complaint thereof to the secretary of agriculture and natural resources, which complaint shall be a written statement of the facts constituting the complaint.
Source: SL 1955, ch 5, § 5; SDC Supp 1960, § 4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-33-11. Investigation of complaint against wholesale dealer--Notice and hearing--Report and conclusions.
Upon filing of the complaint in the manner provided in § 40-33-10 the secretary of agriculture and natural resources shall investigate the charges made and, at his discretion, order a hearing before him, giving the party complained of notice of the filing of the complaint and the time and place of the hearing. At the conclusion of the hearing the secretary shall report his findings and render his conclusions, upon the matter complained of, to the complainant and the respondent in each case, who shall have fifteen days following in which to make effective and satisfy the secretary's conclusions.
Source: SL 1955, ch 5, § 5; SDC Supp 1960, § 4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-33-12. Civil action on wholesale dealer's bond--Approval by secretary required.
If settlement is not effected within the time allowed by § 40-33-11, either party, if aggrieved by any condition of the bond, may, upon first obtaining the approval of the secretary of agriculture and natural resources, commence and maintain an action against the principal and sureties on the bond of the party complained of as in any civil action, provided, no action against the bondsmen of a dealer at wholesale shall in any instance be maintained without the written approval of the secretary, which shall be attached to and made a part of the original complaint in the action. Upon commencing the action a copy thereof shall be filed in the office of the secretary.
Source: SL 1955, ch 5, § 5; SDC Supp 1960, § 4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-33-13. Record of hearing as evidence.
The record of the hearing before the secretary of agriculture and natural resources pursuant to § 40-33-11 shall be competent evidence in any court having jurisdiction.
Source: SL 1955, ch 5, § 5; SDC Supp 1960, § 4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-33-14. Apportionment of bond proceeds when insufficient to satisfy claims.
If the dealer at wholesale has become liable to more than one person by reason of breaches of the conditions of the bond and the amount of the bond is insufficient to pay the entire liability to all persons entitled to the protection of the bond, the penalty of the bond as against the sureties shall be apportioned among the several claimants.
Source: SL 1955, ch 5, § 5; SDC Supp 1960, § 4.2405.
40-33-15. Action by secretary of agriculture and natural resources on wholesale dealer's bond--Proceeds deposited with secretary--Allowance of claims--Employment of counsel.
In all cases where the liability of the dealer at wholesale exceeds the amount of his bond, or where the amount of the claims does not exceed the amount of the bond, and the claimants so request in writing, the secretary of agriculture and natural resources shall commence an action for the recovery of the amount claimed, and the surety or bondsman upon the bond shall be liable to the extent of the amount recovered, not exceeding the amount of the bond, and when recovered such amount shall be deposited with the secretary, who shall, in the same action, subject to the approval of the court, pass upon and allow or disallow all claims which may be presented to him for payment or apportioned thereunder, and to effect the purposes herein may employ counsel, the expense thereof to be paid out of the amount recovered on the bond.
Source: SL 1955, ch 5, § 5; SDC Supp 1960, § 4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-33-17. Suspension or revocation of license on violation of this chapter.
The secretary of agriculture and natural resources may, upon ten days' notice and opportunity to be heard, suspend, revoke, or cancel the license of a person adjudicated to be in violation of this chapter.
Source: SL 1955, ch 5, § 6; SDC Supp 1960, § 4.9916; SL 1991, ch 186, § 27; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-34-1
Killing of dog lawful when disturbing domestic animals.
40-34-2
Liability of owner for damages by dog disturbing domestic animals--Property subject
to execution--Violation as misdemeanor.
40-34-3
Joint liability of owners for damages by dogs in packs--Right of contribution among
dog owners.
40-34-4
Dogs at large declared nuisance by county commissioners--Abatement.
40-34-5
Running at large prohibited by county--County license or tax on dogs.
40-34-6
Graduated fee for county dog license.
40-34-7
Repealed.
40-34-8
Pound program--Animal control services defined.
40-34-9
Animal control program in counties--Impounding of animals--Contracts with
municipalities.
40-34-10
Sources of funds for animal control program.
40-34-11
Destruction by law enforcement officer of dog harming big game.
40-34-12
Destruction by owner or tenant of dog harming big game.
40-34-13
Ownership of vicious dog as public nuisance.
40-34-14
Vicious dog defined.
40-34-15
Injury to person trespassing, teasing dog, or attempting to commit crime.
40-34-16
Ordinance specific as to breed of dog prohibited.
40-34-1. Killing of dog lawful when disturbing domestic animals.
It shall be lawful for any person to kill any dog found chasing, worrying, injuring, or killing poultry or domestic animals except on the premises of the owners of said dog or dogs.
Source: SDC 1939, § 40.1312.
40-34-2. Liability of owner for damages by dog disturbing domestic animals--Property subject to execution--Violation as misdemeanor.
Any person owning, keeping, or harboring a dog that chases, worries, injures, or kills any poultry or domestic animal is guilty of a Class 2 misdemeanor and is liable for damages to the owner thereof for any injury caused by the dog to any such poultry or animal. All property except such as is absolutely exempt, is subject to execution issued upon a judgment for such damages and costs.
Source: SDC 1939, § 40.1312; SL 1991, ch 186, § 28.
40-34-3. Joint liability of owners for damages by dogs in packs--Right of contribution among dog owners.
In case dogs owned by different persons participate in the chasing, worrying, injuring, or killing of poultry or domestic animals, the owners of the respective dogs may be sued jointly for damages caused thereby in a joint action against the owners of such dogs, and a joint verdict, decision, and judgment may be rendered against the owners of such dogs. In case of joint liability for same, which joint liability is paid, the owner of the dogs jointly liable may have contribution among themselves in an appropriate action in which the respective damages committed by their respective dogs may be prorated.
Source: SDC 1939, § 40.1312.
40-34-4. Dogs at large declared nuisance by county commissioners--Abatement.
The board of county commissioners of each of the counties of the State of South Dakota may provide that if any person owning or keeping more than five dogs shall fail to keep such dogs within the confines of his own property, such failure shall amount to a public nuisance and be subject to the provisions of §§ 21-10-5, 21-10-6, and 21-10-9.
Source: SL 1964, ch 30, § 1.
40-34-5. Running at large prohibited by county--County license or tax on dogs.
The board of county commissioners of each of the counties of the State of South Dakota shall have the power to regulate, restrain, or prohibit the running at large of dogs and to impose a license or tax on all dogs not licensed or taxed under municipal ordinance, owned or kept by any person within the county.
Source: SL 1964, ch 30, § 1.
40-34-6. Graduated fee for county dog license.
In imposing the fee for licensing of any dog as required in § 40-34-5, the county commissioners may establish a graduated fee when more than ten dogs are owned or kept by any one person within the county.
Source: SL 1964, ch 30, § 1.
40-34-8. Pound program--Animal control services defined.
For purposes of §§ 40-34-8 to 40-34-10, inclusive, the term "animal control services" shall mean and include, but not be limited to, the enforcement of chapter 40-1 and such other services deemed necessary or desirable by the local unit of government or humane society.
Source: SL 1975, ch 100, § 4.
40-34-9. Animal control program in counties--Impounding of animals--Contracts with municipalities.
The board of county commissioners of each county may establish an animal control program within the areas of the county outside of municipalities, and have the power to establish a pound or pounds, appoint poundmasters, and regulate the impounding of all animals, or for the purposes of providing animal control may contract with a municipality having a pound or a humane society established pursuant to chapter 40-2.
Source: SL 1975, ch 100, § 2.
40-34-10. Sources of funds for animal control program.
In funding the program and purposes of § 40-34-9, the board of county commissioners may use such funds as it may derive from the taxes and licenses provided by § 40-34-5 or its general fund.
Source: SL 1975, ch 100, § 3.
40-34-11. Destruction by law enforcement officer of dog harming big game.
A law enforcement officer may destroy any dog found pursuing, injuring, or killing any big game animal on public lands.
Source: SL 1983, ch 291, § 1.
40-34-12. Destruction by owner or tenant of dog harming big game.
A landowner or tenant may destroy any dog that pursues, injures, or kills any big game animal on lands owned or controlled by that owner or tenant without incurring any liability.
Source: SL 1983, ch 291, § 2.
40-34-13. Ownership of vicious dog as public nuisance.
Any person owning or keeping a vicious dog as defined in §§ 40-34-13 to 40-34-15, inclusive, has committed a public nuisance and is subject to the provisions of §§ 21-10-5 and 21-10-9.
Source: SL 1988, ch 330, § 1.
40-34-14. Vicious dog defined.
For the purposes of §§ 40-34-13 to 40-34-15, inclusive, a vicious dog is:
(1) Any dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a human being upon the streets, sidewalks, or any public grounds or places; or
(2) Any dog which, on private property, when unprovoked, in a vicious or terrifying manner approaches in apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property.
Source: SL 1988, ch 330, § 2.
40-34-15. Injury to person trespassing, teasing dog, or attempting to commit crime.
No dog may be declared vicious if an injury or damage is sustained to any person who was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing, or assaulting the dog or was committing or attempting to commit a crime.
Source: SL 1988, ch 330, § 3.
40-34-16. Ordinance specific as to breed of dog prohibited.
No local government, as defined in § 6-1-12, may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog. This section does not impair the right of any local government unit to enact, maintain, or enforce any form of regulation that applies to all dogs.
Source: SL 2014, ch 196, § 1.
CHAPTER 40-35
DOMESTICATED FUR-BEARING ANIMALS
40-35-1 Definition--Documentation required for possession.
40-35-2 Private ownership of domesticated animals.
40-35-3 Breeding of domesticated animals classified as agricultural pursuit--Functions vested in secretary of agriculture and natural resources.
40-35-4 40-35-4 to 40-35-6. Repealed by SL 1980, ch 281, §§ 1 to 3
40-35-1. Definition--Documentation required for possession.
Domesticated fur-bearing animals are fur-bearing animals pen bred for more than two generations or all fur-bearing animals purchased from a breeder outside the state and brought into the state. All other fur-bearing animals are wild fur-bearing animals. Documentation is required for the possession of live fur-bearing animals as defined in subdivision 41-1-1(11).
Source: SDC 1939, § 25.0806; SL 1983, ch 293, § 1.
40-35-2. Private ownership of domesticated animals.
Domesticated fur-bearing animals are the subject of private ownership, the title to the same being in the person breeding or purchasing the same.
Source: SDC 1939, § 25.0806.
40-35-3. Breeding of domesticated animals classified as agricultural pursuit--Functions vested in secretary of agriculture and natural resources.
For the purposes of all classification and administration of the statutes of the State of South Dakota, executive orders, administrative orders, and regulations pertaining to domestic fox, rabbit, mink, chinchilla, karakul, and all other fur-bearing animals raised in captivity for breeding or other useful purposes:
(1) Such animals and the products thereof are agricultural products; and
(2) The breeding, raising, producing, or marketing of such animals or their products by the producer is considered an agricultural pursuit.
All the functions of the Department of Game, Fish and Parks which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestically raised fur-bearing animals, or products thereof, are hereby transferred to and vested in the secretary of agriculture and natural resources.
Source: SL 1957, ch 114; SDC Supp 1960, § 4.0126; SL 1983, ch 293, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
CHAPTER 40-36
PREDATORY ANIMAL AND REPTILE CONTROL
40-36-1 Department of Game, Fish and Parks to cooperate with federal agency in control of injurious wild animals.
40-36-2 40-36-2. Repealed by SL 1983, ch 292, § 2
40-36-3 Department of Agriculture and Natural Resources cooperative agreements for control of injurious wild animals.
40-36-3.1 Prairie dog control program on private lands.
40-36-4 40-36-4 to 40-36-8. Repealed by SL 1983, ch 292, §§ 5 to 9
40-36-9 Programs and rules for control of injurious animals--Payment of expenses.
40-36-10 Animal damage control fund created.
40-36-11 County appropriations to animal damage control fund--Certification of amounts--State matching funds.
40-36-12 40-36-12. Repealed by SL 1978, ch 72, § 7
40-36-13 Semiannual county payments to fund.
40-36-14 Expenditures from fund.
40-36-15 Bounties payable for coyotes--Restrictions on payments--Fraud--Penalty.
40-36-16 Hunting license not required of landowner to receive bounty.
40-36-17 Skin delivered to county auditor to claim bounty--Examination by auditor.
40-36-18 Investigation of animal skin by conservation officer--Recommendation as to acceptance for bounty.
40-36-19 Marking of skin accepted for bounty.
40-36-20 Certificate on rejection of skin for bounty--Action for bounty--Use of skin as evidence--Costs.
40-36-21 Affidavit filed when bounty claim approved by county auditor.
40-36-22 40-36-22. Repealed by omission from SL 1968, ch 104, § 1
40-36-23 Approval or disapproval of bounty claim by Game, Fish and Parks Commission.
40-36-24 Final approval and payment of bounty claim.
40-36-25 Appeal from disapproval of bounty claim.
40-36-26 Bounty claim as misdemeanor when animal died from natural causes--Animal killed by federal or other agency.
40-36-27 Killing of predatory animal without hunting license--Falsification of bounty claim--Violation as misdemeanor.
40-36-28 Importation or breeding of animals to claim bounty as petty offense.
40-36-29 False bounty claim as perjury.
40-36-30 40-36-30. Repealed by SL 1991, ch 186, § 31
40-36-31 40-36-31. Repealed by SL 1968, ch 104, § 2
40-36-32 Audit of predatory animal control fund.
40-36-33 Predatory animal control fund carried over from year to year.
40-36-34 Special tax on sheep in eastern counties levied on petition of sheep owners--Predatory animals defined.
40-36-35 Payment of bounties and employment of hunters from proceeds of special tax on sheep.
40-36-36 Rate of bounties payable from special tax on sheep--Rules and regulations.
40-36-37 County bounty payable on coyotes.
40-36-38 Educational campaign for rodent and reptile control.
40-36-39 Employment of personnel for extermination of rodents and reptiles--Purchase and distribution of equipment and supplies--Bounties prohibited.
40-36-39.1 South Dakota rodent control fund.
40-36-39.2 Validation of rodent control agreements.
40-36-40 Disposition of carcasses of rodents and reptiles taken--Use of proceeds of sale.
40-36-41 Records of rodent and reptile work.
40-36-42 40-36-42 to 40-36-45. Repealed by SL 1977, ch 324, § 4
40-36-46 Policy advisory committee for animal damage control.
40-36-1. Department of Game, Fish and Parks to cooperate with federal agency in control of injurious wild animals.
The Department of Game, Fish and Parks shall cooperate and enter into cooperative agreements with the United States Fish and Wildlife Service or any other agency in the control and disposition of coyotes, feral dogs, fox, and other wild animals in this state that are injurious to livestock, poultry, game, land, and the public health.
Source: SL 1943, ch 99, § 1; SDC Supp 1960, § 4.0111; SL 1974, ch 273, § 2; SL 1978, ch 288, § 2; SL 1983, ch 292, § 1; SL 2002, ch 169, § 2.
40-36-3. Department of Agriculture and Natural Resources cooperative agreements for control of injurious wild animals.
The Department of Agriculture and Natural Resources may enter into cooperative agreements with other governmental agencies, counties, associations, corporations, or individuals if such cooperation is necessary to promote the control and disposition of animals pursuant to § 40-36-1.
Source: SL 1943, ch 99, § 1; SDC Supp 1960, § 4.0111; SL 1978, ch 288, § 3; SL 1983, ch 292, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-36-3.1. Prairie dog control program on private lands.
The secretary of game, fish and parks shall establish a program to continue prairie dog control on private lands at the written request and with the cooperation of the participating landowner. The program is to be funded from revenues in the state animal damage control fund.
Source: SL 1978, ch 288, § 7; SL 1983, ch 292, § 4.
40-36-9. Programs and rules for control of injurious animals--Payment of expenses.
The Department of Game, Fish and Parks may direct or employ personnel and conduct programs and the Game, Fish and Parks Commission may adopt pursuant to chapter 1-26 necessary rules to control foxes, coyotes, feral dogs, prairie dogs, and other wild animals. The expense thereof shall be paid out of the Department of Game, Fish and Parks fund or the state animal damage control fund.
Source: SDC 1939, § 25.1004; SL 1974, ch 274, § 2; SL 1978, ch 288, § 5; SL 1983, ch 292, § 10; SL 1984, ch 273, § 36.
40-36-10. Animal damage control fund created.
There is created a special fund in the Office of the State Treasurer to be known as the state animal damage control fund.
Source: SL 1943, ch 42, § 8; SL 1945, ch 36, § 4; SDC Supp 1960, § 25.1102; SL 1983, ch 292, § 11.
40-36-11. County appropriations to animal damage control fund--Certification of amounts--State matching funds.
Each county shall annually appropriate a sum equal to an assessment on all cattle and sheep based on the most current United States Department of Commerce census of agriculture, and the money shall be remitted to the state treasurer for deposit in the state animal damage control fund. Each county shall be assessed at a rate of twenty-five cents per head for all sheep and six cents per head for all cattle. The Department of Game, Fish and Parks shall certify, to each county auditor, the amount to be appropriated. The state animal damage control fund shall be matched two dollars for every one dollar of county appropriation by funds of the Department of Game, Fish and Parks to carry out the provisions of this chapter.
Source: SDC 1939, § 25.1101; SL 1943, ch 42, § 5; SL 1945, ch 36, § 3; SL 1963, ch 142; SL 1966, ch 72; SL 1978, ch 72, § 6; SL 1983, ch 292, § 12; SL 1984, ch 273, § 37; SL 1990, ch 329, §§ 1, 2; SL 1999, ch 210, § 14.
40-36-13. Semiannual county payments to fund.
The county auditors shall, on or before the fifteenth of June and November, present one-half of the appropriation, made pursuant to § 40-36-11, to the state remittance center, to be placed in the state animal damage control fund.
Source: SL 1945, ch 36, § 3; SDC Supp 1960, § 25.1101; SL 1963, ch 142; SL 1966, ch 72; SL 1978, ch 72, § 8; SL 1983, ch 292, § 14; SL 1985, ch 33, § 23.
40-36-14. Expenditures from fund.
Funds from the state animal damage control fund may be expended by the Game, Fish and Parks Commission for the control of wild animals, as defined in § 40-36-1.
Source: SDC 1939, § 25.1001 as added by SL 1963, ch 141, § 1; SL 1966, ch 71; SL 1974, ch 274, § 3; SL 1978, ch 288, § 6; SL 1983, ch 292, § 15.
40-36-15. Bounties payable for coyotes--Restrictions on payments--Fraud--Penalty.
The following bounties may be paid from the state animal damage control fund to any resident of this state who possesses a resident small game license or a resident predator/varmint license and who kills, within the boundaries of this state, including parks and monuments, the following animals:
(1) For each adult coyote, five dollars;
(2) For each coyote pup, five dollars.
The Game, Fish and Parks Commission may not approve any bounty claim except during the months of April, May, and June. No bounty payments may be made under this section unless the commission determines that the average price of raw furs in the round for the preceding winter is below five dollars per animal.
Any person who exhibits to a county auditor the skin of an animal which was killed outside of the boundaries of that county, or who patches any skin or part of skin, for the purpose of defrauding the State of South Dakota, in any manner, is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 25.1001; SL 1941, ch 122; SL 1945, ch 36, § 10; SL 1947, ch 115; SL 1951, ch 126; SL 1961, ch 123, § 1; SL 1963, ch 141, § 1; SL 1967, ch 90; SL 1972, ch 220; SL 1978, ch 288, § 1; SL 1983, ch 292, § 16; SL 1991, ch 186, § 30; SL 1998, ch 252, § 1; SL 2020, ch 179, § 1.
40-36-16. Hunting license not required of landowner to receive bounty.
A landowner or occupant does not have to possess a resident small game license or a resident predator/varmint license in order to receive the bounties specified in § 40-36-15 for the killing of the predatory animals specified by that section within the confines of the owner's or occupant's property.
Source: SDC 1939, § 25.1001 as added by SL 1963, ch 141, § 1; SL 1998, ch 252, § 2.
40-36-17. Skin delivered to county auditor to claim bounty--Examination by auditor.
Any resident of this state in order to claim a bounty provided by § 40-36-15, shall within ten days after killing any such animal mentioned in § 40-36-15, present and deliver the complete skin of such animal to the auditor of the county of this state in which the animal was killed. Such auditor shall examine such skin and all parts thereof to determine whether such skin has been previously bountied in this or some other state and to determine whether there is any fraud or irregularity connected with the same.
Source: SDC 1939, § 25.1002; SL 1943, ch 98; SL 1945, ch 36, § 8; SL 1961, ch 123, § 2; SL 1963, ch 141, § 2.
40-36-18. Investigation of animal skin by conservation officer--Recommendation as to acceptance for bounty.
If the auditor has any doubt or question as to any skin delivered pursuant to § 40-36-17 he shall refer such skin to the conservation officer for investigation. After the conservation officer's investigation, he shall return the skin to the auditor with the recommendation that such skin be accepted or rejected.
Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1963, ch 141, § 2; revised pursuant to SL 1971, ch 231, § 2.
40-36-19. Marking of skin accepted for bounty.
The Game, Fish and Parks Commission shall, by regulation, provide the method of marking the skin accepted for bounty payment for the purpose of identification.
Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1963, ch 141, § 2.
40-36-20. Certificate on rejection of skin for bounty--Action for bounty--Use of skin as evidence--Costs.
If, pursuant to § 40-36-18, the county auditor determines that a bounty should not be paid on any skin, he shall issue and deliver to such claimant a certificate to that effect, and in such event the claimant must within ten days commence an action in a court of competent jurisdiction or be forever barred from asserting any right to a bounty on such skin. Any such skin shall be retained for such period and such further period as the court may direct for use as evidence. The costs of such action, including the expense of retaining such skin, shall be assessed against the claimant or the state as the court may direct. If an appeal is not taken, such auditor shall return such skin, after it is appropriately identified, to such claimant following the elapse of the time for appeal.
Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2.
40-36-21. Affidavit filed when bounty claim approved by county auditor.
If the county auditor is satisfied that a bounty claim presented under § 40-36-17 is regular and valid, the claimant shall present an affidavit in which he shall state under oath the facts relevant thereto, including the killing, the place where such animal was killed, a statement of the method of killing, and the amount of bounty claimed. Such affidavit shall be in such form, and the county auditor shall keep a record of the same, all in the manner prescribed by resolution of the Game, Fish and Parks Commission.
Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2.
40-36-23. Approval or disapproval of bounty claim by Game, Fish and Parks Commission.
The bounty claim, consisting of the affidavit, shall then be presented to the Game, Fish and Parks Commission for final approval or disapproval and such commission shall carefully examine such claim and all facts relevant thereto to determine whether there is any fraud or irregularity connected with the same, and shall make such investigation in regard to the same as it may, in its discretion, deem proper.
Source: SDC 1939, § 25.1002; SL 1943, ch 98; SL 1945, ch 36, § 8; SL 1961, ch 123, § 2; SL 1968, ch 104, § 1.
40-36-24. Final approval and payment of bounty claim.
In the event of approval of a bounty claim by the Game, Fish and Parks Commission, such claim shall be presented to the state auditor, who shall issue his warrant therefor upon the state predatory animal control fund and mail the same to the claimant.
Source: SDC 1939, § 25.1002; SL 1943, ch 98; SL 1945, ch 36, § 8; SL 1961, ch 123, § 2; SL 1968, ch 104, § 1.
40-36-25. Appeal from disapproval of bounty claim.
In the event of disapproval of any bounty claim by the Game, Fish and Parks Commission the claimant shall have the right to appeal therefrom within ten days in the manner provided by law.
Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1968, ch 104, § 1.
40-36-26. Bounty claim as misdemeanor when animal died from natural causes--Animal killed by federal or other agency.
It is a Class 2 misdemeanor for any person to attempt to bounty a skin from an animal that has died from natural causes, or that has been killed by agents or employees of the United States Fish and Wildlife Service or any other agency engaged in eradicating predatory animals.
Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1977, ch 190, § 540.
40-36-27. Killing of predatory animal without hunting license--Falsification of bounty claim--Violation as misdemeanor.
Except as provided by § 40-36-16, it is a Class 2 misdemeanor for any person to hunt, take, or kill predatory animals without possessing a resident small game license or a resident predator/varmint license. It is a Class 1 misdemeanor for any person to falsify any bounty claim, or to claim a bounty on any skin for which a bounty has been paid or refused.
Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1977, ch 190, § 541; SL 1998, ch 252, § 3; SL 2020, ch 179, § 2.
40-36-28. Importation or breeding of animals to claim bounty as petty offense.
Any person who shall drive, bait, entice, or bring from outside this state, or breed or rear any of the animals mentioned in § 40-36-15, for the purpose of procuring bounties thereon, commits a petty offense.
Source: SL 1943, ch 42, § 13; SDC Supp 1960, § 25.9910; SL 1977, ch 190, § 542.
40-36-29. False bounty claim as perjury.
Any person who shall make false claim for bounty as provided for in §§ 40-36-15 to 40-36-25, inclusive, shall be deemed guilty of perjury and shall be punished in the manner provided for the crime of perjury by the laws of this state.
Source: SL 1899, ch 136, § 7; RPolC 1903, § 3119; RC 1919, § 10346; SL 1943, ch 42, § 13; SDC Supp 1960, § 25.9910.
40-36-32. Audit of predatory animal control fund.
A complete audit shall be made of the state predatory animal control fund, showing receipts and expenditures made by the state auditor. Such audit shall be made by the Department of Legislative Audit of the state.
Source: SL 1943, ch 42, § 9; SL 1945, ch 36, § 5; SDC Supp 1960, § 25.1103.
40-36-33. Predatory animal control fund carried over from year to year.
Any unused balance in the state predatory animal control fund shall not revert but shall be carried over, from year to year, and applied to the payment of bounty claims in subsequent years.
Source: SL 1943, ch 42, § 9; SL 1945, ch 36, § 5; SDC Supp 1960, § 25.1103.
40-36-34. Special tax on sheep in eastern counties levied on petition of sheep owners--Predatory animals defined.
When the board of county commissioners of any county east of the Missouri River is petitioned by two-thirds of the sheep owners whose names appear on the tax rolls of such county, to levy a special tax levy, not to exceed ten cents per head on all sheep within the county, for the purpose of raising a fund to be expended for the control of predatory animals as defined in this section, said board is hereby empowered to make such levy and collect the tax in the manner provided for the collection of other property tax. For the purpose of this section, predatory animals shall mean coyotes and foxes.
Source: SL 1943, ch 43, § 1; SDC Supp 1960, § 12.2812; SL 1974, ch 273, § 3.
40-36-35. Payment of bounties and employment of hunters from proceeds of special tax on sheep.
Such moneys as are collected by the provisions of § 40-36-34 shall be expended to pay bounties or to employ hunters, which may be, in cooperation with the organized control program of the United States Department of the Interior Fish and Wildlife Service, at the discretion of the board of county commissioners.
Source: SL 1943, ch 43, § 2; SDC Supp 1960, § 12.2812.
40-36-36. Rate of bounties payable from special tax on sheep--Rules and regulations.
The board of county commissioners shall establish the rate of bounties and provide all rules and regulations necessary for the carrying out of §§ 40-36-34 and 40-36-35.
Source: SL 1943, ch 43, § 2; SDC Supp 1960, § 12.2812.
40-36-37. County bounty payable on coyotes.
The board of county commissioners may, by resolution, offer a bounty of not more than fifty dollars for each coyote killed within the limits of the county.
Source: SDC 1939, § 12.2801; SL 1974, ch 273, § 4; SL 2020, ch 179, § 3.
40-36-38. Educational campaign for rodent and reptile control.
For the purpose of conducting an educational campaign in the control and extermination of harmful and destructive rodents and poisonous or destructive reptiles, the secretary of game, fish and parks may employ such methods as he may deem advisable.
Source: SDC 1939, § 25.1201; SL 1977, ch 324, § 1.
40-36-39. Employment of personnel for extermination of rodents and reptiles--Purchase and distribution of equipment and supplies--Bounties prohibited.
The secretary of game, fish and parks may employ persons skilled in trapping, poisoning, or taking of such rodents and such reptiles and may buy, distribute, and authorize the use of poison, traps, guns, ammunition, or other agencies or equipment necessary in destroying such rodents or such reptiles to any hunter, trapper, or employee engaged in such destruction, and shall fix the compensation of persons employed for such purposes of § 40-36-38, but in no case shall any bounty or reward be paid to any person so employed.
Source: SDC 1939, § 25.1202; SL 1977, ch 324, § 2.
40-36-39.1. South Dakota rodent control fund.
The South Dakota rodent and reptile control fund is renamed the South Dakota rodent control fund.
Source: SL 2007, ch 235, § 1.
40-36-39.2. Validation of rodent control agreements.
All agreements made by the South Dakota secretary of agriculture and natural resources with agencies of the federal government concerning rodent control, all actions of the secretary in conducting and maintaining a poison bait station, distributing or selling of poison bait, and purchasing supplies for rodent control, are hereby validated, legalized, cured, and currently authorized to the extent that such activities may have been impacted by a change of the fund's name and subsequent repeal of statutes regarding the cooperative wildlife services fund.
Source: SL 2007, ch 235, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-36-40. Disposition of carcasses of rodents and reptiles taken--Use of proceeds of sale.
All furs, skins, or other parts of the carcasses of such rodents and such reptiles taken by employees in accordance with the provisions of §§ 40-36-38 and 40-36-39 shall be the property of the State of South Dakota and those having a commercial value shall be sold by the secretary of the Department of Game, Fish and Parks, and all funds derived from such sales shall be placed in the rodent control fund and be available for use in carrying out the provisions of §§ 40-36-38 and 40-36-39.
Source: SDC 1939, § 25.1203; SL 1977, ch 324, § 3.
40-36-41. Records of rodent and reptile work.
The records pertaining to work under §§ 40-36-38 to 40-36-40, inclusive, shall be kept and any information of scientific value that is obtained shall be recorded and preserved for the benefit of the state.
Source: SDC 1939, § 25.1203.
40-36-46. Policy advisory committee for animal damage control.
There is created a policy advisory committee for animal damage control consisting of the secretary of game, fish and parks, the animal damage control supervisor, the secretary of agriculture and natural resources or the secretary's designee, and one representative from each of the following organizations: USDA/APHIS/Wildlife Services, the South Dakota Sheep Growers, South Dakota Cattlemen, South Dakota Stockgrowers Association, South Dakota Farmers Union, South Dakota Farm Bureau, and the South Dakota Wildlife Federation. The committee shall review animal damage control activities and provide recommendations for controlling animal damage in South Dakota. The committee shall meet at least once a year.
Source: SL 1983, ch 292, § 13; SL 2013, ch 204, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-37-1
Petition by livestock owners for designation of county as predator control district.
40-37-1.1
County livestock census--Procedure.
40-37-1.2
Repealed.
40-37-2
Repealed.
40-37-3
Petition for multiple-county district--Consent of included counties required.
40-37-4
Board of directors of district--Qualifications--Number.
40-37-5
First district meeting--Notice to livestock owners--Appointment of chairman and
secretary.
40-37-6
Selection of district officers--Called meetings of directors--Quorum--No
compensation.
40-37-7
Annual district meetings--Notice to livestock owners on revised list.
40-37-8
Election of directors--Voting--Terms of office.
40-37-9
Powers of district board of directors.
40-37-10
Special levy for district operations--Certification to county commissioners.
40-37-11
Special tax levy on sheep and cattle--Maximum amount.
40-37-12
Additional tax levied by county commissioners subject to referendum--Amount.
40-37-13
Referendum for additional tax levy--Mailing and contents of ballots--Publication--Computation of results--Time for returning ballots.
40-37-14
Effective period of additional tax--Certification to county commissioners--Levy.
40-37-15
Tax levy not authorized on class of livestock without petition by majority of owners.
40-37-16
Acceptance of voluntary donations and appropriations.
40-37-17
Collection and payment to district of control district taxes--Credit to control district
fund.
40-37-18
Records kept by secretary-treasurers--Public inspection.
40-37-19
Request for information by secretary.
40-37-1. Petition by livestock owners for designation of county as predator control district.
The resident owners of at least fifty-one percent of the sheep, or the resident owners of at least fifty-one percent of the cattle, or the resident owners of at least fifty-one percent of both sheep and cattle acting jointly, in any county, as shown by the last county livestock census as provided for in § 40-37-1.1, may petition the secretary of the Department of Agriculture and Natural Resources to designate the county as a predator control district.
Source: SL 1974, ch 275, § 1; SL 1979, ch 272, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
40-37-1.1. County livestock census--Procedure.
The director of equalization shall annually conduct a county livestock census if the county is a member of a predator control district. The board of county commissioners may require a county livestock census if there is significant interest in the formation of a predator control district. In conducting the county livestock census, the director of equalization may proceed in such manner and utilize such forms as may be approved by the board of county commissioners to effectuate the purposes of this chapter. The director of equalization may restrict the livestock census to sheep only or cattle only as may be appropriate.
Source: SL 1979, ch 272, § 2; SL 1980, ch 282, § 1.
40-37-3. Petition for multiple-county district--Consent of included counties required.
Any body of resident livestock owners sufficient to petition for the establishment of a predator control district pursuant to § 40-37-1 may petition the secretary of the Department of Agriculture and Natural Resources to include their county within a previously established district or to combine their county with other petitioning counties to form a single district. No multiple-county district may be formed without the consent of each of the counties to be included.
Source: SL 1974, ch 275, § 2; SL 1979, ch 272, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-37-4. Board of directors of district--Qualifications--Number.
Every predator control district established pursuant to this chapter shall be governed by a board of directors, all of whom shall be resident livestock owners and taxpayers within the district. The board of directors shall be composed of not more than nine members.
Source: SL 1974, ch 275, § 3; SL 1978, ch 289, § 1; SL 1979, ch 272, § 4.
40-37-5. First district meeting--Notice to livestock owners--Appointment of chairman and secretary.
The first meeting of the livestock owners in the district shall be called in the following manner: The director of equalization of each county within the district shall, within thirty days of the formation of the district, prepare from the county livestock census, as corrected by the board of county commissioners, of that year, an accurate list of all persons, corporations, or partnerships who have been determined to be the owners of livestock described in the petition in his county and the number of livestock. The director of equalization shall mail a notice to each of the resident livestock owners to attend the district meeting, at a time and place to be specified in the notice, for the election of the board of directors of the predator control district. He shall likewise publish a copy of the notice in the official newspaper of the county, ten days prior to the date of the meeting. He shall set the date of the meeting so as not to conflict with the date of similar meetings in adjoining districts. When assembled in accordance with the above notice, the resident owners shall appoint a chairman and secretary, who shall act as judges of election.
Source: SL 1974, ch 275, § 5; SL 1979, ch 272, § 5.
40-37-6. Selection of district officers--Called meetings of directors--Quorum--No compensation.
Directors of predatory animal districts, elected at meetings called and held as provided in § 40-37-5, shall immediately after the adjournment of said meeting organize by choosing from their number a president, vice-president, and secretary-treasurer. Subsequent meetings of said board shall be called by the president upon reasonable notice. A majority of the board shall constitute a quorum for the transaction of business at any board meeting. The directors shall receive no compensation for serving on the board.
Source: SL 1974, ch 275, § 6.
40-37-7. Annual district meetings--Notice to livestock owners on revised list.
Annual meetings for the election of members of boards of directors of predator control districts, shall, after the first meeting, be called by the president of each board, after procuring from the county director of equalization within his district a revised and corrected list of livestock owners, who have been determined to be the resident owners of such livestock within his district. The meeting shall be called by a notice mailed and published in the same manner as specified in § 40-37-5.
Source: SL 1974, ch 275, § 11; SL 1979, ch 272, § 6.
40-37-8. Election of directors--Voting--Terms of office.
Each director shall be elected at the district meeting for a term of three years. No more than three directors shall be elected annually. Each sole resident owner of livestock, whether an individual, corporation, or partnership shall be entitled to one vote at the district meeting. All vacancies on the district board shall be filled for unexpired terms by the other directors in office. All members so elected shall hold their offices until their successors have been elected and qualified.
Source: SL 1974, ch 275, § 4; SL 1978, ch 289, § 2; SL 1979, ch 272, § 7.
40-37-9. Powers of district board of directors.
The board of directors of each predator control district is hereby authorized to appoint and pay employees, to bounty predatory animals, to make contracts, and to enter into agreements with agencies of federal or state governments or with local governments.
Source: SL 1974, ch 275, § 7.
40-37-10. Special levy for district operations--Certification to county commissioners.
At least thirty days prior to the annual levy of general taxes by the board of county commissioners wherein such district is located, the board of directors of each predator control district shall determine pursuant to the provisions of this chapter the amount of special levy for district operations during the following years and certify such levy to the board of county commissioners.
Source: SL 1974, ch 275, § 8.
40-37-11. Special tax levy on sheep and cattle--Maximum amount.
The board of county commissioners shall, at time of the annual levy of general taxes, levy an additional special tax in an amount specified by the board of directors pursuant to § 40-37-10 not to exceed one dollar per head of all sheep six months old or older as of January first of the current year that are being held for breeding purposes and one dollar per head of all cattle one year old or older not in feedlots.
Source: SL 1974, ch 275, § 12; SL 1982, ch 286; SL 2013, ch 205, § 1.
40-37-12. Additional tax levied by county commissioners subject to referendum--Amount.
In addition to the levy authorized pursuant to § 40-37-11, the board of county commissioners may levy an additional amount equal to the amount provided in § 40-37-11, if such additional amount is approved by referendum as provided in § 40-37-13.
Source: SL 1974, ch 275, § 13.
40-37-13. Referendum for additional tax levy--Mailing and contents of ballots--Publication--Computation of results--Time for returning ballots.
Whenever the board of directors shall determine to hold a referendum to levy an additional amount as provided in § 40-37-12, the county director of equalization shall mail to each resident livestock owner in that county a ballot stating the amount of additional levy requested, the provisions governing the conduct of the referendum, and the effect of an affirmative result in the referendum. The board of directors shall publish the question in a newspaper not less than two weeks prior to the date the ballots are to be returned. Each resident owner's expression shall be, upon receipt by the county director of equalization multiplied by the number of sheep and cattle determined to be owned in his name and the proposition shall be approved if a majority of the product of such multiplication approves the additional levy. Each ballot must be returned within two weeks and voted to be considered.
Source: SL 1974, ch 275, § 14; SL 1979, ch 272, § 8.
40-37-14. Effective period of additional tax--Certification to county commissioners--Levy.
Any additional sum authorized pursuant to § 40-37-13 shall be in effect for the three successive taxpaying years unless reduced by the board of directors or increased by another referendum; and the board of directors shall certify the results to the board of county commissioners at the same time they certify the regular levy and such increase shall be levied by the county commissioners at the time of the annual levy of general taxes.
Source: SL 1974, ch 275, § 15.
40-37-15. Tax levy not authorized on class of livestock without petition by majority of owners.
Nothing in this chapter shall authorize the levy of taxes against any class of livestock, fifty-one percent of the resident owners of which have not petitioned for inclusion in the predator control district pursuant to § 40-37-1 or 40-37-3.
Source: SL 1974, ch 275, § 16; SL 1979, ch 272, § 9.
40-37-16. Acceptance of voluntary donations and appropriations.
The board of directors may receive voluntary donations and appropriations.
Source: SL 1974, ch 275, § 17.
40-37-17. Collection and payment to district of control district taxes--Credit to control district fund.
The proper tax collecting officials shall collect all predator control district taxes, together with interest and penalty thereon, if any, in the same manner as the general taxes are collected, and shall pay over to the predator control district secretary-treasurer on the tenth day of each month all taxes so collected during the preceding month, with interest and penalties collected thereon. The district secretary-treasurer forthwith shall enter these receipts to the credit of the predator control district fund. In addition, such tax may be enforced and collected by distress and sale of the livestock of such person in the same manner as is provided for the collection of mobile home taxes pursuant to chapter 10-22.
Source: SL 1974, ch 275, § 18; SL 1975, ch 262; SL 1992, ch 80, § 217.
40-37-18. Records kept by secretary-treasurers--Public inspection.
The secretary-treasurer of each predator control district shall keep accurate records of the proceedings of the board of directors and of all receipts and disbursements of district funds. Such records shall be open to public inspection.
Source: SL 1974, ch 275, § 9.
40-37-19. Request for information by secretary.
The secretary of agriculture and natural resources may call upon any district board, or upon any county treasurer, for information concerning the administration of this chapter in any predatory control district.
Source: SL 1974, ch 275, § 10; SL 1982, ch 15, § 8; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
40-38-1
Definition of terms.
40-38-2
Prohibited activities--Exemption for lawful activities of governmental agencies.
40-38-3
Entering or remaining in animal facility where entry forbidden or notice to depart
received--"Notice" defined--Exemption for lawful activities of governmental
agencies.
40-38-4
Violation of § 40-38-2 as misdemeanor or felony.
40-38-5
Civil action by person damaged for three times amount of actual and consequential
damages--Costs and attorney fees.
40-38-1. Definition of terms.
Terms used in this chapter mean:
(1) "Animal," any living vertebrate except human beings;
(2) "Animal facility," any vehicle, building, structure, research facility, premises, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale;
(3) "Consent," consent by the owner or by a person legally authorized to act for the owner. Consent is not effective if:
(a) Induced by force or threat;
(b) Given by a person the offender knows is not legally authorized to act for the owner; or
(c) Given by a person who by reason of age, mental disease, or defect, or influence of drugs or alcohol is known by the offender to be incapable of consenting;
(4) "Deprive," to:
(a) Withhold an animal or material appurtenant to an animal from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;
(b) Restore an animal or property only upon payment of a reward or other compensation; or
(c) Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely;
(5) "Owner," a person who has title to the property, legal possession of the property or a greater right to possession of the property than the other;
(6) "Possession," actual custody, control, or management; and
(7) "Research facility," any place at which any scientific test, experiment, or investigation involving the use of any living animal is carried out, conducted, or attempted.
Source: SL 1992, ch 291, § 1.
40-38-2. Prohibited activities--Exemption for lawful activities of governmental agencies.
No person, without consent, may:
(1) Intentionally damage or destroy an animal facility, an animal, or property in or on the animal facility, or obstruct any enterprise conducted at the animal facility;
(2) Acquire or otherwise exercise control over an animal facility or an animal or other property from an animal facility with the intent to deprive the owner or to obstruct the enterprise conducted at the facility;
(3) Enter an animal facility, not then open to the public, with intent to commit any act prohibited by this section;
(4) Enter an animal facility and remain concealed, with intent to commit any act prohibited by this section;
(5) Enter an animal facility and commit or attempt to commit any act prohibited by this section; or
(6) Intentionally turn out or release any animal in or on an animal facility.
This section does not apply to lawful activities of a governmental agency carrying out its duties under law.
Source: SL 1992, ch 291, § 2.
40-38-3. Entering or remaining in animal facility where entry forbidden or notice to depart received--"Notice" defined--Exemption for lawful activities of governmental agencies.
No person may, without consent, and with the intent to obstruct the enterprise conducted at the animal facility, enter or remain on an animal facility, if the person had notice that the entry was forbidden or received notice to depart but failed to do so. Notice includes communication by the owner or any person with apparent authority to act for the owner, fencing or other enclosures designed to exclude trespassers or to contain animals, or a sign posted on the property or at the entrance to the animal facility indicating that entry is forbidden. This section does not apply to lawful activities of a governmental agency carrying out its duties under law.
Source: SL 1992, ch 291, § 3.
40-38-4. Violation of § 40-38-2 as misdemeanor or felony.
Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 2 misdemeanor if there is damage of four hundred dollars or less. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 1 misdemeanor if there is damage of an amount greater than four hundred dollars and less than one thousand dollars. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 4 felony if there is damage of one thousand dollars or greater. Any person who violates subdivisions 40-38-2(2) to (5), inclusive, is guilty of a Class 4 felony.
Source: SL 1992, ch 291, § 4; SL 2006, ch 130, § 16.
40-38-5. Civil action by person damaged for three times amount of actual and consequential damages--Costs and attorney fees.
Any person who has been damaged by reason of violation of this chapter may bring an action in the circuit court against the person causing the damage to recover an amount equal to three times all actual and consequential damages. Such person may also recover his court costs and reasonable attorney fees.
Source: SL 1992, ch 291, § 5.