S.D. Codified Laws § 40-31-11 — SD Code / Title 40 / Chapter 31 / Section 40-31-11
Assessment collected by first dealer--Producers responsible for payment
Status: in_force

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.
S.D. Codified Laws § 40-20-3 — SD Code / Title 40 / Chapter 20 / Section 40-20-3
Withdrawal of county from inspection area by petition--Minimum area withdrawing
Status: in_force

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.
S.D. Codified Laws § 40-38-5 — SD Code / Title 40 / Chapter 38 / Section 40-38-5
Civil action by person damaged for three times amount of actual and consequential damages--Costs and attorney fees
Status: in_force

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.
S.D. Codified Laws § 40-18-3 — SD Code / Title 40 / Chapter 18 / Section 40-18-3
Terms of appointment to board--Vacancies
Status: in_force

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.
S.D. Codified Laws § 40-28-17 — SD Code / Title 40 / Chapter 28 / Section 40-28-17
Actions by county and landowner for costs and damages--Application of proceeds of sale
Status: in_force

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.
S.D. Codified Laws § 40-19-10.1 — SD Code / Title 40 / Chapter 19 / Section 40-19-10.1
Permit required for cattle branded with out-of-state brand--Cattle purchased for export--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-20-26.3 — SD Code / Title 40 / Chapter 20 / Section 40-20-26.3
Promulgation of rules exempting certain persons from §40-20-26.1
Status: in_force

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.
S.D. Codified Laws § 40-19-23.1 — SD Code / Title 40 / Chapter 19 / Section 40-19-23.1
Brand board activities
Status: in_force

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.
S.D. Codified Laws § 40-32-26 — SD Code / Title 40 / Chapter 32 / Section 40-32-26
Reinspection fee--When assessed
Status: in_force

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.
S.D. Codified Laws § 40-19-3 — SD Code / Title 40 / Chapter 19 / Section 40-19-3
Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep
Status: in_force

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.
S.D. Codified Laws § 40-32-34 — SD Code / Title 40 / Chapter 32 / Section 40-32-34
Seizure or quarantine of contraband--Tagging--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-31-15 — SD Code / Title 40 / Chapter 31 / Section 40-31-15
Payment of assessment computed by Association--Penalty and interest
Status: in_force

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.
S.D. Codified Laws § 40-3-28 — SD Code / Title 40 / Chapter 3 / Section 40-3-28
Development of identification program conflicting with or superceding state brand laws prohibited
Status: in_force

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.
S.D. Codified Laws § 40-34-6 — SD Code / Title 40 / Chapter 34 / Section 40-34-6
Graduated fee for county dog license
Status: in_force

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.
S.D. Codified Laws § 40-36-17 — SD Code / Title 40 / Chapter 36 / Section 40-36-17
Skin delivered to county auditor to claim bounty--Examination by auditor
Status: in_force

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.
S.D. Codified Laws § 40-32-33 — SD Code / Title 40 / Chapter 32 / Section 40-32-33
Contraband
Status: in_force

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.
S.D. Codified Laws § 40-21-11 — SD Code / Title 40 / Chapter 21 / Section 40-21-11
Proof of ownership required for livestock bearing more than one brand
Status: in_force

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.
S.D. Codified Laws § 40-32-9 — SD Code / Title 40 / Chapter 32 / Section 40-32-9
Suspension of license for failure to comply with law
Status: in_force

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.
S.D. Codified Laws § 40-20-12 — SD Code / Title 40 / Chapter 20 / Section 40-20-12
Diversion of livestock--Inspection required--Penalty
Status: in_force

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.
S.D. Codified Laws § 40-31-2.1 — SD Code / Title 40 / Chapter 31 / Section 40-31-2.1
Direction and supervision by Department of Agriculture and Natural Resources--Independent functions retained by Association
Status: in_force

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.
S.D. Codified Laws § 40-23-2 — SD Code / Title 40 / Chapter 23 / Section 40-23-2
Number of incorporators--Filing of articles
Status: in_force

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.
S.D. Codified Laws § 40-36-1 — SD Code / Title 40 / Chapter 36 / Section 40-36-1
Department of Game, Fish and Parks to cooperate with federal agency in control of injurious wild animals
Status: in_force

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.
S.D. Codified Laws § 40-33-3 — SD Code / Title 40 / Chapter 33 / Section 40-33-3
Producer not deemed dealer at wholesale
Status: in_force

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.
S.D. Codified Laws § 40-1-40 — SD Code / Title 40 / Chapter 1 / Section 40-1-40
Harassment defined--Malicious act defined
Status: in_force

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.
S.D. Codified Laws § 40-37-5 — SD Code / Title 40 / Chapter 37 / Section 40-37-5
First district meeting--Notice to livestock owners--Appointment of chairman and secretary
Status: in_force

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.
S.D. Codified Laws § 40-25-11 — SD Code / Title 40 / Chapter 25 / Section 40-25-11
Salaries paid by association--Ownership of property
Status: in_force

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.
S.D. Codified Laws § 40-32-10.7 — SD Code / Title 40 / Chapter 32 / Section 40-32-10.7
Dairy fieldman's license required--Application and fee--Expiration
Status: in_force

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.
S.D. Codified Laws § 40-15-17 — SD Code / Title 40 / Chapter 15 / Section 40-15-17
Minimum inspection fees established by Animal Industry Board
Status: in_force

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.
S.D. Codified Laws § 40-32-31 — SD Code / Title 40 / Chapter 32 / Section 40-32-31
Cooperation with secretary required--Refusal as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-36-40 — SD Code / Title 40 / Chapter 36 / Section 40-36-40
Disposition of carcasses of rodents and reptiles taken--Use of proceeds of sale
Status: in_force

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.
S.D. Codified Laws § 40-15-23 — SD Code / Title 40 / Chapter 15 / Section 40-15-23
Inspection in manner prescribed by Animal Industry Board or federal government
Status: in_force

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.
S.D. Codified Laws § 40-15-15 — SD Code / Title 40 / Chapter 15 / Section 40-15-15
Separate pens for segregation of diseased animals--Marking of quarantine pens
Status: in_force

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.
S.D. Codified Laws § 40-36-23 — SD Code / Title 40 / Chapter 36 / Section 40-36-23
Approval or disapproval of bounty claim by Game, Fish and Parks Commission
Status: in_force

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.
S.D. Codified Laws § 40-33-12 — SD Code / Title 40 / Chapter 33 / Section 40-33-12
Civil action on wholesale dealer's bond--Approval by secretary required
Status: in_force

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.
S.D. Codified Laws § 40-3-6 — SD Code / Title 40 / Chapter 3 / Section 40-3-6
Employment of other personnel by board
Status: in_force

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.
S.D. Codified Laws § 40-18-15 — SD Code / Title 40 / Chapter 18 / Section 40-18-15
Ownership inspection on transportation of livestock
Status: in_force

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.
S.D. Codified Laws § 40-21-5 — SD Code / Title 40 / Chapter 21 / Section 40-21-5
Designation of open market for livestock--Promulgation of rules--Open market agreement
Status: in_force

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.
S.D. Codified Laws § 40-25-15 — SD Code / Title 40 / Chapter 25 / Section 40-25-15
Fraudulent registration or transfer of registration as misdemeanor--False pedigree
Status: in_force

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.
S.D. Codified Laws § 40-34-15 — SD Code / Title 40 / Chapter 34 / Section 40-34-15
Injury to person trespassing, teasing dog, or attempting to commit crime
Status: in_force

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.
S.D. Codified Laws § 40-3-21 — SD Code / Title 40 / Chapter 3 / Section 40-3-21
Administrative expenses paid from appropriated funds
Status: in_force

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.
S.D. Codified Laws § 40-15A-7 — SD Code / Title 40 / Chapter 15A / Section 40-15A-7
License posted in place of business--Pocket card
Status: in_force

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.
S.D. Codified Laws § 40-37-16 — SD Code / Title 40 / Chapter 37 / Section 40-37-16
Acceptance of voluntary donations and appropriations
Status: in_force

The board of directors may receive voluntary donations and appropriations.

Source: SL 1974, ch 275, § 17.
S.D. Codified Laws § 40-32-21 — SD Code / Title 40 / Chapter 32 / Section 40-32-21
Exemption of operations otherwise regulated
Status: in_force

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.
S.D. Codified Laws § 40-15A-4 — SD Code / Title 40 / Chapter 15A / Section 40-15A-4
Fee for license--Duration of license
Status: in_force

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.
S.D. Codified Laws § 40-19-12 — SD Code / Title 40 / Chapter 19 / Section 40-19-12
Five-year renewal of brands--Renewal fee
Status: in_force

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.
S.D. Codified Laws § 40-15-1 — SD Code / Title 40 / Chapter 15 / Section 40-15-1
Business constituting livestock auction agency--Exceptions
Status: in_force

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.
S.D. Codified Laws § 40-15-13.1 — SD Code / Title 40 / Chapter 15 / Section 40-15-13.1
Approved scales to be used
Status: in_force

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.
S.D. Codified Laws § 40-27-13 — SD Code / Title 40 / Chapter 27 / Section 40-27-13
Veterinarian's statement filed with register of deeds--Contents--Filing and indexing
Status: in_force

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.
S.D. Codified Laws § 40-15-31 — SD Code / Title 40 / Chapter 15 / Section 40-15-31
Segregation and safeguarding of customers' funds by auction agency--Misuse of funds as felony
Status: in_force

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.
S.D. Codified Laws § 40-20-4.4 — SD Code / Title 40 / Chapter 20 / Section 40-20-4.4
Rodeo livestock--Alternative brand inspection procedures
Status: in_force

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.
S.D. Codified Laws § 40-36-19 — SD Code / Title 40 / Chapter 36 / Section 40-36-19
Marking of skin accepted for bounty
Status: in_force

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.
S.D. Codified Laws § 40-18-6 — SD Code / Title 40 / Chapter 18 / Section 40-18-6
Office of board
Status: in_force

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.
S.D. Codified Laws § 40-25-3 — SD Code / Title 40 / Chapter 25 / Section 40-25-3
Stock and membership provisions in articles of association
Status: in_force

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.
S.D. Codified Laws § 40-32-27 — SD Code / Title 40 / Chapter 32 / Section 40-32-27
Inspection fee for milk plants
Status: in_force

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.
S.D. Codified Laws § 40-15-30 — SD Code / Title 40 / Chapter 15 / Section 40-15-30
Uniform accounting system for agencies
Status: in_force

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.
S.D. Codified Laws § 40-5-8.5 — SD Code / Title 40 / Chapter 5 / Section 40-5-8.5
Authority of board to prosecute violations--Limitation on liability of board or its agents
Status: in_force

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.
S.D. Codified Laws § 40-5-12 — SD Code / Title 40 / Chapter 5 / Section 40-5-12
Publication of board orders--Effective date
Status: in_force

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.
S.D. Codified Laws § 40-1-39 — SD Code / Title 40 / Chapter 1 / Section 40-1-39
Rebuttable presumption of maliciousness
Status: in_force

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.
S.D. Codified Laws § 40-18-11 — SD Code / Title 40 / Chapter 18 / Section 40-18-11
Bond required of custodian of board funds
Status: in_force

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.
S.D. Codified Laws § 40-20-2 — SD Code / Title 40 / Chapter 20 / Section 40-20-2
Petition for addition of county contiguous to ownership inspection area--Discretion of board--Minimum area added
Status: in_force

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.
S.D. Codified Laws § 40-36-35 — SD Code / Title 40 / Chapter 36 / Section 40-36-35
Payment of bounties and employment of hunters from proceeds of special tax on sheep
Status: in_force

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.
S.D. Codified Laws § 40-34-16 — SD Code / Title 40 / Chapter 34 / Section 40-34-16
Ordinance specific as to breed of dog prohibited
Status: in_force

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.
S.D. Codified Laws § 40-32-25 — SD Code / Title 40 / Chapter 32 / Section 40-32-25
Inspection service fee for each dairy farm--Raw milk assessment fee
Status: in_force

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.
S.D. Codified Laws § 40-15A-9 — SD Code / Title 40 / Chapter 15A / Section 40-15A-9
Fees credited to general fund
Status: in_force

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.
S.D. Codified Laws § 40-21-24 — SD Code / Title 40 / Chapter 21 / Section 40-21-24
Reward authorized--Funding
Status: in_force

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.
S.D. Codified Laws § 40-21-23 — SD Code / Title 40 / Chapter 21 / Section 40-21-23
Venue of offenses
Status: in_force

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.
S.D. Codified Laws § 40-19-19 — SD Code / Title 40 / Chapter 19 / Section 40-19-19
Replacement brand for canceled brand--Application--No assessment of fee
Status: in_force

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.
S.D. Codified Laws § 40-20-24 — SD Code / Title 40 / Chapter 20 / Section 40-20-24
Law enforcement officer stopping vehicle for inspection--Unloading of livestock
Status: in_force

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.
S.D. Codified Laws § 40-1-17 — SD Code / Title 40 / Chapter 1 / Section 40-1-17
Exemptions from chapters40-1and40-2
Status: in_force

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.
S.D. Codified Laws § 40-32-10.9 — SD Code / Title 40 / Chapter 32 / Section 40-32-10.9
Revocation of dairy fieldman's license--Hearing required
Status: in_force

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.
S.D. Codified Laws § 40-25-2 — SD Code / Title 40 / Chapter 25 / Section 40-25-2
Written articles of association required--Contents
Status: in_force

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.
S.D. Codified Laws § 40-25-10 — SD Code / Title 40 / Chapter 25 / Section 40-25-10
Officers of association
Status: in_force

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.
S.D. Codified Laws § 40-33-7 — SD Code / Title 40 / Chapter 33 / Section 40-33-7
Bond required of dealer at wholesale--Terms of bond
Status: in_force

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.
S.D. Codified Laws § 40-37-1 — SD Code / Title 40 / Chapter 37 / Section 40-37-1
Petition by livestock owners for designation of county as predator control district
Status: in_force

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.
S.D. Codified Laws § 40-3-22 — SD Code / Title 40 / Chapter 3 / Section 40-3-22
Annual report to Governor
Status: in_force

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.
S.D. Codified Laws § 40-20-10.1 — SD Code / Title 40 / Chapter 20 / Section 40-20-10.1
Proceeds of sale held in trust pending authorization
Status: in_force

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.
S.D. Codified Laws § 40-5-17 — SD Code / Title 40 / Chapter 5 / Section 40-5-17
Compensation of sheriff for disposal of carcasses--Recovery of expenses from owner
Status: in_force

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.
S.D. Codified Laws § 40-20-4.1 — SD Code / Title 40 / Chapter 20 / Section 40-20-4.1
Permit to move livestock from area--Duration of permit--Fee--Permit to transport horses and mules
Status: in_force

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.
S.D. Codified Laws § 40-25-8 — SD Code / Title 40 / Chapter 25 / Section 40-25-8
Voting by stockholders or members--Proxy voting
Status: in_force

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.
S.D. Codified Laws § 40-23-29 — SD Code / Title 40 / Chapter 23 / Section 40-23-29
Exchange of county land for private land within grazing district
Status: in_force

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.
S.D. Codified Laws § 40-3-17 — SD Code / Title 40 / Chapter 3 / Section 40-3-17
Examination of witnesses by board--Administration of oaths--Subpoena power
Status: in_force

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.
S.D. Codified Laws § 40-15-22 — SD Code / Title 40 / Chapter 15 / Section 40-15-22
Veterinary inspection of premises and equipment--Supervision of cleaning of facilities and vehicles
Status: in_force

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.
S.D. Codified Laws § 40-31-32 — SD Code / Title 40 / Chapter 31 / Section 40-31-32
Severability of provisions
Status: in_force

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.
S.D. Codified Laws § 40-31-2 — SD Code / Title 40 / Chapter 31 / Section 40-31-2
Association created--Producer and processor members--Nonvoting members
Status: in_force

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.
S.D. Codified Laws § 40-20-4.3 — SD Code / Title 40 / Chapter 20 / Section 40-20-4.3
Inspector prohibited from inspecting own livestock--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-15-18 — SD Code / Title 40 / Chapter 15 / Section 40-15-18
Inspection fees paid to Animal Industry Board
Status: in_force

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.
S.D. Codified Laws § 40-34-3 — SD Code / Title 40 / Chapter 34 / Section 40-34-3
Joint liability of owners for damages by dogs in packs--Right of contribution among dog owners
Status: in_force

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.
S.D. Codified Laws § 40-37-18 — SD Code / Title 40 / Chapter 37 / Section 40-37-18
Records kept by secretary-treasurers--Public inspection
Status: in_force

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.
S.D. Codified Laws § 40-32-23 — SD Code / Title 40 / Chapter 32 / Section 40-32-23
Access of department to premises, vehicles, and records--Taking of samples
Status: in_force

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.
S.D. Codified Laws § 40-31-7 — SD Code / Title 40 / Chapter 31 / Section 40-31-7
Employment and compensation of other personnel
Status: in_force

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.
S.D. Codified Laws § 40-19-6 — SD Code / Title 40 / Chapter 19 / Section 40-19-6
Registration of brand--Certificate of registration
Status: in_force

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.
S.D. Codified Laws § 40-32-16 — SD Code / Title 40 / Chapter 32 / Section 40-32-16
Posting of tester and grader's license
Status: in_force

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.
S.D. Codified Laws § 40-15-33 — SD Code / Title 40 / Chapter 15 / Section 40-15-33
Appeal to circuit court from revocation or suspension of license
Status: in_force

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.
S.D. Codified Laws § 40-25-14 — SD Code / Title 40 / Chapter 25 / Section 40-25-14
Records and certificates admissible in evidence--Prima facie evidence of pedigree
Status: in_force

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.
S.D. Codified Laws § 40-38-1 — SD Code / Title 40 / Chapter 38 / Section 40-38-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Agricultural production facility," real or personal property that is used primarily for agricultural purposes, including:

(a) A vehicle, building, structure, research facility, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale; or

(b) A barn, crop field, elevator, garden, greenhouse, nursery, orchard, research facility, seedhouse, warehouse, structure, machinery, or equipment;

(2) "Animal," any living vertebrate except human beings;

(3) "Consent," permission 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) "Crop," a plant or plant product that is grown for food, feed, fiber, forage, or fuel;

(5) "Deception," the act of knowingly:

(a) Creating or confirming another person's belief or impression as to the existence or nonexistence of a fact or condition that is false and that the actor does not believe to be true; or

(b) Failing to correct a false belief or impression as to the existence or nonexistence of a fact or condition that the actor previously created or confirmed;

(6) "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;

(7) "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;

(8) "Possession," actual custody, control, or management; and

(9) "Research facility," any place at which any scientific test, experiment, or investigation involving the use of any living animal or crop is carried out, conducted, or attempted.

Source: SL 1992, ch 291, § 1; SL 2025, ch 173, § 2.
S.D. Codified Laws § 40-3-7 — SD Code / Title 40 / Chapter 3 / Section 40-3-7
Compensation and duties of executive secretary and employees--Per diem and expenses of board members and employees
Status: in_force

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.
S.D. Codified Laws § 40-5-8.3 — SD Code / Title 40 / Chapter 5 / Section 40-5-8.3
Authority to seize and destroy nondomestic animals--Coordination with Department of Game, Fish and Parks
Status: in_force

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.
S.D. Codified Laws § 40-32-6 — SD Code / Title 40 / Chapter 32 / Section 40-32-6
Milk plant license--Contents--Posting
Status: in_force

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.
S.D. Codified Laws § 40-37-10 — SD Code / Title 40 / Chapter 37 / Section 40-37-10
Special levy for district operations--Certification to county commissioners
Status: in_force

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.
S.D. Codified Laws § 40-1-36 — SD Code / Title 40 / Chapter 1 / Section 40-1-36
Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal
Status: in_force

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.
S.D. Codified Laws § 40-31-18 — SD Code / Title 40 / Chapter 31 / Section 40-31-18
Assessments paid into dairy association fund--Purposes for which used--Warrants
Status: in_force

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.
S.D. Codified Laws § 40-15-14 — SD Code / Title 40 / Chapter 15 / Section 40-15-14
Rules specifying facilities needed by veterinary inspector
Status: in_force

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.
S.D. Codified Laws § 40-36-39.2 — SD Code / Title 40 / Chapter 36 / Section 40-36-39.2
Validation of rodent control agreements
Status: in_force

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.
S.D. Codified Laws § 40-23-17 — SD Code / Title 40 / Chapter 23 / Section 40-23-17
Directors' regulations--Manner of utilizing grazing
Status: in_force

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).
S.D. Codified Laws § 40-23-10 — SD Code / Title 40 / Chapter 23 / Section 40-23-10
Adoption of bylaws--Amendment
Status: in_force

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.
S.D. Codified Laws § 40-31-19 — SD Code / Title 40 / Chapter 31 / Section 40-31-19
Voluntary contributions to association
Status: in_force

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).
S.D. Codified Laws § 40-20-26.2 — SD Code / Title 40 / Chapter 20 / Section 40-20-26.2
Transfer of ownership--Authorized bill of sale--Limitations--Penalty
Status: in_force

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.
S.D. Codified Laws § 40-28-16 — SD Code / Title 40 / Chapter 28 / Section 40-28-16
County reimbursement of sheriff for costs not recovered from sale--Recovery from owner of animals
Status: in_force

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.
S.D. Codified Laws § 40-36-37 — SD Code / Title 40 / Chapter 36 / Section 40-36-37
County bounty payable on coyotes
Status: in_force

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.
S.D. Codified Laws § 40-37-19 — SD Code / Title 40 / Chapter 37 / Section 40-37-19
Request for information by secretary
Status: in_force

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.
S.D. Codified Laws § 40-21-12 — SD Code / Title 40 / Chapter 21 / Section 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
Status: in_force

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.
S.D. Codified Laws § 40-1-38 — SD Code / Title 40 / Chapter 1 / Section 40-1-38
Injury or harassment of service animal--Penalty
Status: in_force

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. A violation of this section is a Class 1 misdemeanor.

For purposes of this section, "service animal" means a dog that is trained to do work or perform tasks for the benefit of an individual with a disability, as set forth in 28 C.F.R. § 36.104 (January 1, 2026), provided the work or tasks performed by the dog are directly related to the individual's disability. The crime deterrent effects of a dog's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.

Source: SL 1995, ch 234, § 1; SL 2026, ch 169, § 1.
S.D. Codified Laws § 40-15B-8 — SD Code / Title 40 / Chapter 15B / Section 40-15B-8
Certain acts by packers prohibited
Status: in_force

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.
S.D. Codified Laws § 40-15B-2 — SD Code / Title 40 / Chapter 15B / Section 40-15B-2
Price discrimination by packer prohibited--Exemption
Status: in_force

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.
S.D. Codified Laws § 40-33-9 — SD Code / Title 40 / Chapter 33 / Section 40-33-9
Statements of business required of wholesale dealer--Suspension or revocation of license for failure to comply
Status: in_force

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.
S.D. Codified Laws § 40-14-7 — SD Code / Title 40 / Chapter 14 / Section 40-14-7
Animals from Indian reservation treated as imported
Status: in_force

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.
S.D. Codified Laws § 40-18-19 — SD Code / Title 40 / Chapter 18 / Section 40-18-19
Arrest for violation of chapters40-19to40-22or 40-29--Promise to appear--Bond--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-3-1.1 — SD Code / Title 40 / Chapter 3 / Section 40-3-1.1
Reports by board to agriculture department--Administrative functions restored to board--Other independent functions
Status: in_force

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.
S.D. Codified Laws § 40-28-2 — SD Code / Title 40 / Chapter 28 / Section 40-28-2
Castration lawful for adult male animal running at large--Liability for unauthorized castration
Status: in_force

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.
S.D. Codified Laws § 40-32-7 — SD Code / Title 40 / Chapter 32 / Section 40-32-7
Transfer of plant licenses restricted
Status: in_force

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.
S.D. Codified Laws § 40-23-14 — SD Code / Title 40 / Chapter 23 / Section 40-23-14
Membership rights on transfer of land
Status: in_force

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.
S.D. Codified Laws § 40-3-26 — SD Code / Title 40 / Chapter 3 / Section 40-3-26
Rules regulating breeding, raising, marketing, and transportation of certain captive nondomestic animals
Status: in_force

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.
S.D. Codified Laws § 40-5-10 — SD Code / Title 40 / Chapter 5 / Section 40-5-10
Orders of board--Signature
Status: in_force

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.
S.D. Codified Laws § 40-23-30 — SD Code / Title 40 / Chapter 23 / Section 40-23-30
Distribution of property on dissolution of grazing district
Status: in_force

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.
S.D. Codified Laws § 40-15-19 — SD Code / Title 40 / Chapter 15 / Section 40-15-19
Inspection service to be provided at auction agency--Veterinarian employed by board--Qualifications--Assistant veterinarian--Violation as petty offense
Status: in_force

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.
S.D. Codified Laws § 40-5-18 — SD Code / Title 40 / Chapter 5 / Section 40-5-18
Notice to governor of epidemic beyond board's control
Status: in_force

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.
S.D. Codified Laws § 40-15-26 — SD Code / Title 40 / Chapter 15 / Section 40-15-26
Responsibility for inspection of livestock before shipment from auction agency--Certificate to comply with requirements at destination
Status: in_force

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.
S.D. Codified Laws § 40-28-13 — SD Code / Title 40 / Chapter 28 / Section 40-28-13
Unauthorized taking of animal from person with lawful possession as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-1-35 — SD Code / Title 40 / Chapter 1 / Section 40-1-35
Contract to enforce livestock provisions
Status: in_force

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.
S.D. Codified Laws § 40-19-2 — SD Code / Title 40 / Chapter 19 / Section 40-19-2
Exclusive right to use brand after registration
Status: in_force

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.
S.D. Codified Laws § 40-3-12 — SD Code / Title 40 / Chapter 3 / Section 40-3-12
State university veterinary diagnostic laboratory to assist board--Examinations
Status: in_force

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.
S.D. Codified Laws § 40-28-18 — SD Code / Title 40 / Chapter 28 / Section 40-28-18
Civil action for damages from trespassing animals--Venue--Procedure
Status: in_force

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.
S.D. Codified Laws § 40-23-26 — SD Code / Title 40 / Chapter 23 / Section 40-23-26
Regulatory powers retained by county commissioners on leased land
Status: in_force

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.
S.D. Codified Laws § 40-28-20 — SD Code / Title 40 / Chapter 28 / Section 40-28-20
Limitation of actions for damages
Status: in_force

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.
S.D. Codified Laws § 40-28-7 — SD Code / Title 40 / Chapter 28 / Section 40-28-7
Retention of trespassing livestock until damages paid
Status: in_force

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.
S.D. Codified Laws § 40-15-1.3 — SD Code / Title 40 / Chapter 15 / Section 40-15-1.3
"Livestock" defined
Status: in_force

For purposes of this chapter, the term, livestock, means cattle, sheep, horses, mules, swine, goats, and buffalo.

Source: SL 2002, ch 191, § 1.
S.D. Codified Laws § 40-34-1 — SD Code / Title 40 / Chapter 34 / Section 40-34-1
Killing of dog lawful when disturbing domestic animals
Status: in_force

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.
S.D. Codified Laws § 40-1-37 — SD Code / Title 40 / Chapter 1 / Section 40-1-37
Use of weapons or tranquilizing agents to control dangerous animals
Status: in_force

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.
S.D. Codified Laws § 40-23-24 — SD Code / Title 40 / Chapter 23 / Section 40-23-24
Purchase or lease of county lands
Status: in_force

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.
S.D. Codified Laws § 40-20-29 — SD Code / Title 40 / Chapter 20 / Section 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
Status: in_force

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.
S.D. Codified Laws § 40-15-12 — SD Code / Title 40 / Chapter 15 / Section 40-15-12
Action on auction agency bond
Status: in_force

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.
S.D. Codified Laws § 40-15B-3 — SD Code / Title 40 / Chapter 15B / Section 40-15B-3
Terms and conditions to be uniform
Status: in_force

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.
S.D. Codified Laws § 40-37-15 — SD Code / Title 40 / Chapter 37 / Section 40-37-15
Tax levy not authorized on class of livestock without petition by majority of owners
Status: in_force

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.
S.D. Codified Laws § 40-1-10.1 — SD Code / Title 40 / Chapter 1 / Section 40-1-10.1
Animal fighting exhibitions or for amusement or gain prohibited--Felony or misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-28-6 — SD Code / Title 40 / Chapter 28 / Section 40-28-6
Notice to livestock owner of injury from trespass
Status: in_force

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.
S.D. Codified Laws § 40-31-25 — SD Code / Title 40 / Chapter 31 / Section 40-31-25
Administration and enforcement of chapter--Necessary powers
Status: in_force

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.
S.D. Codified Laws § 40-5-8 — SD Code / Title 40 / Chapter 5 / Section 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
Status: in_force

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.
S.D. Codified Laws § 40-1-5.1 — SD Code / Title 40 / Chapter 1 / Section 40-1-5.1
Liability of owner or caretaker for impounded animal
Status: in_force

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.
S.D. Codified Laws § 40-5-13 — SD Code / Title 40 / Chapter 5 / Section 40-5-13
Violation of board quarantine as misdemeanor--Second violation as felony
Status: in_force

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.
S.D. Codified Laws § 40-15A-5 — SD Code / Title 40 / Chapter 15A / Section 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
Status: in_force

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.
S.D. Codified Laws § 40-37-4 — SD Code / Title 40 / Chapter 37 / Section 40-37-4
Board of directors of district--Qualifications--Number
Status: in_force

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.
S.D. Codified Laws § 40-32-10.8 — SD Code / Title 40 / Chapter 32 / Section 40-32-10.8
Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authority of secretary to suspend permit
Status: in_force

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.
S.D. Codified Laws § 40-14-2 — SD Code / Title 40 / Chapter 14 / Section 40-14-2
Certificate of veterinary inspection required for importation of livestock--Exceptions--Violation as felony
Status: in_force

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.
S.D. Codified Laws § 40-15A-1 — SD Code / Title 40 / Chapter 15A / Section 40-15A-1
Definition of terms
Status: in_force

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.
S.D. Codified Laws § 40-36-24 — SD Code / Title 40 / Chapter 36 / Section 40-36-24
Final approval and payment of bounty claim
Status: in_force

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.
S.D. Codified Laws § 40-32-29 — SD Code / Title 40 / Chapter 32 / Section 40-32-29
Dairy inspection fund established--Expenditures
Status: in_force

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.
S.D. Codified Laws § 40-17-5 — SD Code / Title 40 / Chapter 17 / Section 40-17-5
Acceptance of carcasses transported by others prohibited
Status: in_force

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.
S.D. Codified Laws § 40-32-4 — SD Code / Title 40 / Chapter 32 / Section 40-32-4
License required for milk plants, transporters, stations, distributors, and persons buying or selling milk products
Status: in_force

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.
S.D. Codified Laws § 40-36-29 — SD Code / Title 40 / Chapter 36 / Section 40-36-29
False bounty claim as perjury
Status: in_force

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.
S.D. Codified Laws § 40-3-24 — SD Code / Title 40 / Chapter 3 / Section 40-3-24
Certain nondomestic mammals not allowed--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-36-20 — SD Code / Title 40 / Chapter 36 / Section 40-36-20
Certificate on rejection of skin for bounty--Action for bounty--Use of skin as evidence--Costs
Status: in_force

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.
S.D. Codified Laws § 40-15B-1 — SD Code / Title 40 / Chapter 15B / Section 40-15B-1
Definitions
Status: in_force

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.
S.D. Codified Laws § 40-29-24 — SD Code / Title 40 / Chapter 29 / Section 40-29-24
Report by person taking up estray--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-15-31.2 — SD Code / Title 40 / Chapter 15 / Section 40-15-31.2
Electronic auction--Delivery
Status: in_force

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.
S.D. Codified Laws § 40-25-5 — SD Code / Title 40 / Chapter 25 / Section 40-25-5
Term of existence of association--Extension of term
Status: in_force

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.
S.D. Codified Laws § 40-37-11 — SD Code / Title 40 / Chapter 37 / Section 40-37-11
Special tax levy on sheep and cattle--Maximum amount
Status: in_force

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.
S.D. Codified Laws § 40-34-8 — SD Code / Title 40 / Chapter 34 / Section 40-34-8
Pound program--Animal control services defined
Status: in_force

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.
S.D. Codified Laws § 40-15-34 — SD Code / Title 40 / Chapter 15 / Section 40-15-34
Operation of auction agency without license as misdemeanor--Each day as separate offense
Status: in_force

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.
S.D. Codified Laws § 40-23-8 — SD Code / Title 40 / Chapter 23 / Section 40-23-8
Fences, reservoirs, and facilities for care of livestock
Status: in_force

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).
S.D. Codified Laws § 40-19-25 — SD Code / Title 40 / Chapter 19 / Section 40-19-25
Misuse or alteration of brand as felony
Status: in_force

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.
S.D. Codified Laws § 40-15-7 — SD Code / Title 40 / Chapter 15 / Section 40-15-7
Factors considered in determining whether to issue license
Status: in_force

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.
S.D. Codified Laws § 40-5-9 — SD Code / Title 40 / Chapter 5 / Section 40-5-9
Board orders for suppression of disease--Killing of infected animals
Status: in_force

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.
S.D. Codified Laws § 40-37-1.1 — SD Code / Title 40 / Chapter 37 / Section 40-37-1.1
County livestock census--Procedure
Status: in_force

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.
S.D. Codified Laws § 40-28-26 — SD Code / Title 40 / Chapter 28 / Section 40-28-26
Exemptions limited to absolute exemptions
Status: in_force

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.
S.D. Codified Laws § 40-1-11 — SD Code / Title 40 / Chapter 1 / Section 40-1-11
Entry by officer of place where animal fight conducted--Arrest of persons present
Status: in_force

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.
S.D. Codified Laws § 40-20-4.2 — SD Code / Title 40 / Chapter 20 / Section 40-20-4.2
Inspection of livestock while in or on conveyance--Penalty
Status: in_force

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.
S.D. Codified Laws § 40-1-32 — SD Code / Title 40 / Chapter 1 / Section 40-1-32
Liability of parent or guardian for violation by minor
Status: in_force

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.
S.D. Codified Laws § 40-36-39.1 — SD Code / Title 40 / Chapter 36 / Section 40-36-39.1
South Dakota rodent control fund
Status: in_force

The South Dakota rodent and reptile control fund is renamed the South Dakota rodent control fund.

Source: SL 2007, ch 235, § 1.
S.D. Codified Laws § 40-31-26 — SD Code / Title 40 / Chapter 31 / Section 40-31-26
Record and account maintained by association
Status: in_force

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).
S.D. Codified Laws § 40-19-1 — SD Code / Title 40 / Chapter 19 / Section 40-19-1
Use of unregistered brand as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-14-4 — SD Code / Title 40 / Chapter 14 / Section 40-14-4
Quarantine and examination of stock imported without certificate--Release as misdemeanor--Expenses of examination
Status: in_force

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.
S.D. Codified Laws § 40-15B-6 — SD Code / Title 40 / Chapter 15B / Section 40-15B-6
Attorney general to enforce provisions--Action to restrain violation--Civil action--Treble damages
Status: in_force

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.
S.D. Codified Laws § 40-15-31.1 — SD Code / Title 40 / Chapter 15 / Section 40-15-31.1
Electronic auction--Regulation--Licensure
Status: in_force

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.
S.D. Codified Laws § 40-1-24 — SD Code / Title 40 / Chapter 1 / Section 40-1-24
Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized
Status: in_force

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.
S.D. Codified Laws § 40-2-6 — SD Code / Title 40 / Chapter 2 / Section 40-2-6
Animal control officers--Appointments--Judicial authorization
Status: in_force

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.
S.D. Codified Laws § 40-19-18 — SD Code / Title 40 / Chapter 19 / Section 40-19-18
Cancellation of brand used for felony or theft
Status: in_force

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.
S.D. Codified Laws § 40-5-11 — SD Code / Title 40 / Chapter 5 / Section 40-5-11
Emergency quarantine orders effective immediately
Status: in_force

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.
S.D. Codified Laws § 40-32-12 — SD Code / Title 40 / Chapter 32 / Section 40-32-12
Application for tester and grader's license--Fee--Examination of applicant
Status: in_force

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.
S.D. Codified Laws § 40-21-14 — SD Code / Title 40 / Chapter 21 / Section 40-21-14
Time allowed for establishment of ownership after sale of animal--Sale price paid to owner
Status: in_force

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.
S.D. Codified Laws § 40-17-9.1 — SD Code / Title 40 / Chapter 17 / Section 40-17-9.1
Adoption of rules to implement this chapter
Status: in_force

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.
S.D. Codified Laws § 40-23-28 — SD Code / Title 40 / Chapter 23 / Section 40-23-28
Noncompliance with requirements as ground for forfeiture of county lease
Status: in_force

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.
S.D. Codified Laws § 40-31-9 — SD Code / Title 40 / Chapter 31 / Section 40-31-9
Assessment on milk produced in state--Application
Status: in_force

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.
S.D. Codified Laws § 40-38-3 — SD Code / Title 40 / Chapter 38 / Section 40-38-3
Entering or remaining in facility--Entry forbidden or notice to depart received--Notice described--Exceptions
Status: in_force

No person may, without consent, and with the intent to obstruct the enterprise conducted at an agricultural production facility, enter or remain on the agricultural production 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, other enclosures designed to exclude trespassers or to contain animals, or a sign posted on the property or at the entrance to the agricultural production facility indicating that entry is forbidden. This section does not apply to lawful activities of a governmental agency or emergency service carrying out its duties under law.

Source: SL 1992, ch 291, § 3; SL 2025, ch 173, § 4.
S.D. Codified Laws § 40-2-4 — SD Code / Title 40 / Chapter 2 / Section 40-2-4
Limitation on activities
Status: in_force

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.
S.D. Codified Laws § 40-23-11 — SD Code / Title 40 / Chapter 23 / Section 40-23-11
Contents of bylaws
Status: in_force

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.
S.D. Codified Laws § 40-23-16 — SD Code / Title 40 / Chapter 23 / Section 40-23-16
Directors' power to lease land
Status: in_force

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.
S.D. Codified Laws § 40-28-14 — SD Code / Title 40 / Chapter 28 / Section 40-28-14
Recovery of animals from sheriff by giving bond and paying costs
Status: in_force

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.
S.D. Codified Laws § 40-3-29 — SD Code / Title 40 / Chapter 3 / Section 40-3-29
Promulgation of rules for implementation of identification programs
Status: in_force

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.
S.D. Codified Laws § 40-17-9 — SD Code / Title 40 / Chapter 17 / Section 40-17-9
Disinfection of containers and vehicles before leaving rendering establishment
Status: in_force

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.
S.D. Codified Laws § 40-28-10 — SD Code / Title 40 / Chapter 28 / Section 40-28-10
Livestock owner's bond to be approved by sheriff--Release of animals--Sheriff's fee
Status: in_force

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.
S.D. Codified Laws § 40-19-15 — SD Code / Title 40 / Chapter 19 / Section 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
Status: in_force

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.
S.D. Codified Laws § 40-32-11 — SD Code / Title 40 / Chapter 32 / Section 40-32-11
Tester and grader to be maintained in dairy products plant--License required
Status: in_force

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.
S.D. Codified Laws § 40-36-39 — SD Code / Title 40 / Chapter 36 / Section 40-36-39
Employment of personnel for extermination of rodents and reptiles--Purchase and distribution of equipment and supplies--Bounties prohibited
Status: in_force

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.
S.D. Codified Laws § 40-37-14 — SD Code / Title 40 / Chapter 37 / Section 40-37-14
Effective period of additional tax--Certification to county commissioners--Levy
Status: in_force

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.
S.D. Codified Laws § 40-21-21 — SD Code / Title 40 / Chapter 21 / Section 40-21-21
Forgery, alteration, or misrepresentation of inspection certificate, market clearance, bill of sale, or permit as felony
Status: in_force

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.
S.D. Codified Laws § 40-2-9 — SD Code / Title 40 / Chapter 2 / Section 40-2-9
Animal control officer defined
Status: in_force

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.
S.D. Codified Laws § 40-21-10 — SD Code / Title 40 / Chapter 21 / Section 40-21-10
Proof of ownership required for livestock not bearing seller's brand
Status: in_force

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.
S.D. Codified Laws § 40-36-18 — SD Code / Title 40 / Chapter 36 / Section 40-36-18
Investigation of animal skin by conservation officer--Recommendation as to acceptance for bounty
Status: in_force

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.
S.D. Codified Laws § 40-19-4 — SD Code / Title 40 / Chapter 19 / Section 40-19-4
Filing of application for brand--Facsimile included
Status: in_force

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.
S.D. Codified Laws § 40-1-11.1 — SD Code / Title 40 / Chapter 1 / Section 40-1-11.1
Seizure of fighting animals and related paraphernalia--Disposition
Status: in_force

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.
S.D. Codified Laws § 40-15-27 — SD Code / Title 40 / Chapter 15 / Section 40-15-27
Records of livestock agency--Contents--Violation as petty offense
Status: in_force

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.
S.D. Codified Laws § 40-36-11 — SD Code / Title 40 / Chapter 36 / Section 40-36-11
County appropriations to animal damage control fund--Certification of amounts--State matching funds
Status: in_force

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.
S.D. Codified Laws § 40-22-13 — SD Code / Title 40 / Chapter 22 / Section 40-22-13
Violation of chapter or falsification of records as felony
Status: in_force

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.
S.D. Codified Laws § 40-3-9 — SD Code / Title 40 / Chapter 3 / Section 40-3-9
Scope of responsibilities of board
Status: in_force

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.
S.D. Codified Laws § 40-1-30 — SD Code / Title 40 / Chapter 1 / Section 40-1-30
Records of complaints--Public inspection
Status: in_force

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.
S.D. Codified Laws § 40-37-9 — SD Code / Title 40 / Chapter 37 / Section 40-37-9
Powers of district board of directors
Status: in_force

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.
S.D. Codified Laws § 40-5-1.1 — SD Code / Title 40 / Chapter 5 / Section 40-5-1.1
Definition of terms
Status: in_force

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.
S.D. Codified Laws § 40-36-36 — SD Code / Title 40 / Chapter 36 / Section 40-36-36
Rate of bounties payable from special tax on sheep--Rules and regulations
Status: in_force

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.
S.D. Codified Laws § 40-14-8 — SD Code / Title 40 / Chapter 14 / Section 40-14-8
Saddle and work horses and mules exempt from requirements when in use
Status: in_force

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.
S.D. Codified Laws § 40-23-19 — SD Code / Title 40 / Chapter 23 / Section 40-23-19
Fencing and assignment of exclusive use of areas
Status: in_force

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.
S.D. Codified Laws § 40-3-4 — SD Code / Title 40 / Chapter 3 / Section 40-3-4
President and vice-president of board
Status: in_force

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.
S.D. Codified Laws § 40-29-26 — SD Code / Title 40 / Chapter 29 / Section 40-29-26
Claim for expense of feeding and keeping estray--Liability for loss of estray
Status: in_force

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.
S.D. Codified Laws § 40-20-10 — SD Code / Title 40 / Chapter 20 / Section 40-20-10
Transportation of livestock without required authorization--Penalty
Status: in_force

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.
S.D. Codified Laws § 40-28-12 — SD Code / Title 40 / Chapter 28 / Section 40-28-12
Sheriff's lien for expenses
Status: in_force

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.
S.D. Codified Laws § 40-23-1 — SD Code / Title 40 / Chapter 23 / Section 40-23-1
Definition and purposes of grazing district
Status: in_force

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.
S.D. Codified Laws § 40-15-4 — SD Code / Title 40 / Chapter 15 / Section 40-15-4
Hearing on application for license--Notice to livestock associations of application
Status: in_force

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.
S.D. Codified Laws § 40-23-18 — SD Code / Title 40 / Chapter 23 / Section 40-23-18
Directors' apportionment of grazing rights among members
Status: in_force

The directors shall have power to apportion grazing rights within their districts to members on a commensurate basis.

Source: SDC 1939, § 40.1806 (3).
S.D. Codified Laws § 40-31-16 — SD Code / Title 40 / Chapter 31 / Section 40-31-16
Recovery of tax, penalty, and interest--Tax collection remedies available
Status: in_force

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.
S.D. Codified Laws § 40-1-13 — SD Code / Title 40 / Chapter 1 / Section 40-1-13
Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-31-29 — SD Code / Title 40 / Chapter 31 / Section 40-31-29
Annual report to Governor
Status: in_force

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.
S.D. Codified Laws § 40-32-5 — SD Code / Title 40 / Chapter 32 / Section 40-32-5
License fees
Status: in_force

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.
S.D. Codified Laws § 40-19-14 — SD Code / Title 40 / Chapter 19 / Section 40-19-14
Rerecording of cancelled brand by previous owner
Status: in_force

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.
S.D. Codified Laws § 40-28-15 — SD Code / Title 40 / Chapter 28 / Section 40-28-15
Foreclosure of lien by sheriff's sale of animals--Service of notice on parties
Status: in_force

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.
S.D. Codified Laws § 40-36-28 — SD Code / Title 40 / Chapter 36 / Section 40-36-28
Importation or breeding of animals to claim bounty as petty offense
Status: in_force

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.
S.D. Codified Laws § 40-20-38 — SD Code / Title 40 / Chapter 20 / Section 40-20-38
Grounds for refusal to inspect
Status: in_force

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.
S.D. Codified Laws § 40-19-13.1 — SD Code / Title 40 / Chapter 19 / Section 40-19-13.1
Cancellation of certificate paid for with bad check
Status: in_force

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.
S.D. Codified Laws § 40-36-41 — SD Code / Title 40 / Chapter 36 / Section 40-36-41
Records of rodent and reptile work
Status: in_force

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.
S.D. Codified Laws § 40-33-2 — SD Code / Title 40 / Chapter 33 / Section 40-33-2
Business constituting dealing at wholesale
Status: in_force

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.
S.D. Codified Laws § 40-14-10 — SD Code / Title 40 / Chapter 14 / Section 40-14-10
Certification by veterinarian without inspection of animals as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 40-19-7 — SD Code / Title 40 / Chapter 19 / Section 40-19-7
Rejection of brands by board--Grounds--Composition of brands--Location on animal as part of brand
Status: in_force

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.
S.D. Codified Laws § 40-1-25 — SD Code / Title 40 / Chapter 1 / Section 40-1-25
Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules
Status: in_force

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.
S.D. Codified Laws § 40-35-1 — SD Code / Title 40 / Chapter 35 / Section 40-35-1
Definition--Documentation required for possession
Status: in_force

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.
S.D. Codified Laws § 40-36-16 — SD Code / Title 40 / Chapter 36 / Section 40-36-16
Hunting license not required of landowner to receive bounty
Status: in_force

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.
S.D. Codified Laws § 40-5-16 — SD Code / Title 40 / Chapter 5 / Section 40-5-16
Burial or burning of carcasses by sheriff on board order--Access to premises
Status: in_force

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.
S.D. Codified Laws § 40-22-7 — SD Code / Title 40 / Chapter 22 / Section 40-22-7
Bill of sale attached to inspector's report
Status: in_force

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.
S.D. Codified Laws § 40-23-4 — SD Code / Title 40 / Chapter 23 / Section 40-23-4
Filing of map showing boundaries--Revision on change of boundaries--Revocation of lease for failure to file
Status: in_force

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.
S.D. Codified Laws § 40-1-34 — SD Code / Title 40 / Chapter 1 / Section 40-1-34
Disposition of impounded animals
Status: in_force

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.
S.D. Codified Laws § 40-15B-4 — SD Code / Title 40 / Chapter 15B / Section 40-15B-4
Packer to report prices paid
Status: in_force

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.
S.D. Codified Laws § 40-23-25 — SD Code / Title 40 / Chapter 23 / Section 40-23-25
Exemption of county land from usual leasing requirements--Leased tax deed lands not subject to sale--Option for purchase by district
Status: in_force

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.
S.D. Codified Laws § 40-3-27 — SD Code / Title 40 / Chapter 3 / Section 40-3-27
Programs for identification of animals and premises involved in animal movements--Records--Purpose
Status: in_force

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.
S.D. Codified Laws § 40-15-3 — SD Code / Title 40 / Chapter 15 / Section 40-15-3
Application for auction agency license--Contents
Status: in_force

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.
S.D. Codified Laws § 40-20-34 — SD Code / Title 40 / Chapter 20 / Section 40-20-34
Inspection of cattle shipped from feedlot--Fee
Status: in_force

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.
S.D. Codified Laws § 40-5-5.1 — SD Code / Title 40 / Chapter 5 / Section 40-5-5.1
Rules concerning permits for importation of rams and testing for disease
Status: in_force

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.
S.D. Codified Laws § 40-12-4 — SD Code / Title 40 / Chapter 12 / Section 40-12-4
Definition of terms
Status: in_force

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.
S.D. Codified Laws § 40-17-8 — SD Code / Title 40 / Chapter 17 / Section 40-17-8
Disinfection of exterior of vehicle before use of highway
Status: in_force

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.
S.D. Codified Laws § 40-31-24 — SD Code / Title 40 / Chapter 31 / Section 40-31-24
Promotional and advertising activities of department
Status: in_force

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.
S.D. Codified Laws § 40-15-13.2 — SD Code / Title 40 / Chapter 15 / Section 40-15-13.2
Promulgation of rules--Scales--Fees
Status: in_force

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.
S.D. Codified Laws § 40-34-13 — SD Code / Title 40 / Chapter 34 / Section 40-34-13
Ownership of vicious dog as public nuisance
Status: in_force

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.
S.D. Codified Laws § 40-36-32 — SD Code / Title 40 / Chapter 36 / Section 40-36-32
Audit of predatory animal control fund
Status: in_force

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.
S.D. Codified Laws § 40-15-21 — SD Code / Title 40 / Chapter 15 / Section 40-15-21
Testing and treatment required before removal of animal from auction agency
Status: in_force

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.