S.D. Codified Laws § 40-21-6 — SD Code / Title 40 / Chapter 21 / Section 40-21-6
Inspections made between sunrise and sunset--Rules regulating inspection during hours of darkness
Status: in_force

All inspections provided for in this chapter or chapter 40-20 shall be made between sunrise and sunset. However, livestock may be inspected between sunset and sunrise if there is lighting sufficient to accomplish brand inspection. The board shall promulgate rules, pursuant to chapter 1-26 , to regulate inspection during hours of darkness.

Source: SL 1943, ch 142, § 13; SDC Supp 1960, § 40.12A08; SL 1988, ch 328, § 80.
S.D. Codified Laws § 40-37-3 — SD Code / Title 40 / Chapter 37 / Section 40-37-3
Petition for multiple-county district--Consent of included counties required
Status: in_force

Any body of resident livestock owners sufficient to petition for the establishment of a predator control district pursuant to § 40-37-1 may petition the secretary of the Department of Agriculture and Natural Resources to include their county within a previously established district or to combine their county with other petitioning counties to form a single district. No multiple - county district may be formed without the consent of each of the counties to be included.

Source: SL 1974, ch 275, § 2; SL 1979, ch 272, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-32-3 — SD Code / Title 40 / Chapter 32 / Section 40-32-3
Exemption of charitable, public, and educational institutions not producing for sale
Status: in_force

This chapter shall in no way apply to religious, hospital, charitable, state, county, or educational institutions or organizations not engaged in the business of manufacturing or processing for sale, milk or milk products.

Source: SL 1957, ch 92, § 1; SDC Supp 1960, § 4.1901.
S.D. Codified Laws § 40-33-13 — SD Code / Title 40 / Chapter 33 / Section 40-33-13
Record of hearing as evidence
Status: in_force

The record of the hearing before the secretary of agriculture and natural resources pursuant to § 40-33-11 shall be competent evidence in any court having jurisdiction.

Source: SL 1955, ch 5, § 5; SDC Supp 1960, § 4.2405; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-32-10.3 — SD Code / Title 40 / Chapter 32 / Section 40-32-10.3
Renewal of producer's permit not required--Transfer of permits
Status: in_force

Each permit issued under § 40-32-10.2 shall be to the producer and the location named therein and need not be renewed unless revoked by the secretary of agriculture and natural resources. No permit shall be transferable to another location but may be transferred from one producer to another with the approval of the secretary or his duly authorized agent.

Source: SDC 1939, § 4.1903 as added by SL 1969, ch 8, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-17-6 — SD Code / Title 40 / Chapter 17 / Section 40-17-6
Licensed establishment's authority to transport diseased carcasses on highway
Status: in_force

A rendering or pet food processing plant, licensed under the provisions of this chapter, may transport over any public highway the carcasses of domestic animals which have died of disease, subject to the conditions and limitations set forth in §§ 40-17-7 to 40-17-9 , inclusive.

Source: SDC 1939, § 40.1104; SL 1986, ch 340, § 4.
S.D. Codified Laws § 40-27-2 — SD Code / Title 40 / Chapter 27 / Section 40-27-2
Authority from owner required for agister's lien
Status: in_force

Section 40-27-1 shall not be construed to give a lien upon any animal if the same was not owned by the person entrusting it for keep unless such animal was so entrusted pursuant to authority from the owner. The provisions of such section shall not apply to stolen animals.

Source: SDC 1939, § 39.1002.
S.D. Codified Laws § 40-36-46 — SD Code / Title 40 / Chapter 36 / Section 40-36-46
Policy advisory committee
Status: in_force

There is created a policy advisory committee for animal damage control consisting of the secretary of the Department of Game, Fish and Parks, the supervisor of the wildlife damage management program, the secretary of the Department of Agriculture and Natural Resources or the secretary's designee, and one representative from each of the following organizations:

(1) South Dakota Cattlemen's Association;

(2) South Dakota Farm Bureau;

(3) South Dakota Farmers Union;

(4) South Dakota Landowner and Outfitter Alliance;

(5) South Dakota Sheep Growers Association;

(6) South Dakota Stockgrowers Association;

(7) South Dakota Wildlife Federation; and

(8) United Sates Department of Agriculture Animal and Plant Health Inspection Service - Wildlife Services.

The committee shall review animal damage control activities and provide recommendations for controlling animal damage in this state. The committee shall meet at least once a year.

Source: SL 1983, ch 292, § 13; SL 2013, ch 204, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021; SL 2025, ch 172, § 1.
S.D. Codified Laws § 40-18-8 — SD Code / Title 40 / Chapter 18 / Section 40-18-8
General duties of staff director--Call of meetings
Status: in_force

The staff director shall keep a record of all proceedings, transactions, communications, and official acts of the board, shall be custodian of all records of the board and shall perform such other duties as the board may require. The staff director shall call a meeting of the board at the direction of the president or upon the written request of three or more members of the board.

Source: SL 1943, ch 142, § 4; SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1969, ch 167, § 1; SL 1988, ch 328, § 9.
S.D. Codified Laws § 40-19-13 — SD Code / Title 40 / Chapter 19 / Section 40-19-13
Abandonment of brand by failure to renew
Status: in_force

Any registered brand which is not renewed within one hundred twenty days after January first as provided for in § 40-19-12 is deemed abandoned by its owner, is canceled, and may not be renewed.

Source: SDC 1939, § 40.1214; SL 1949, ch 145, § 3; SL 1967, ch 161; SL 1972, ch 217, § 1; SL 1986, ch 341, § 3; SL 1988, ch 328, § 31; SL 1997, ch 231, § 1.
S.D. Codified Laws § 40-32-1 — SD Code / Title 40 / Chapter 32 / Section 40-32-1
Purpose of chapter
Status: in_force

The purpose of this chapter is to protect the public health by securing the wholesomeness and purity of milk and milk products, and to prevent fraud and deception in the purchase, manufacture, and sale of milk and milk products.

Source: SL 1957, ch 92, § 1; SDC Supp 1960, § 4.1901.
S.D. Codified Laws § 40-2-7 — SD Code / Title 40 / Chapter 2 / Section 40-2-7
Enforcement by law enforcement officer or animal control officer--Powers
Status: in_force

Any law enforcement agency may enforce the provisions of this chapter or chapter 40-1 . An animal care and control agency may enforce the provisions of this chapter or chapter 40-1 in a county or municipality if the legislative authority of the county or municipality has entered into a contract with the agency to enforce the provisions of this chapter and chapter 40-1 . An animal control officer enforcing this chapter or chapter 40-1 shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on a law enforcement officer who enforces this chapter, chapter 40-1 , and other criminal laws. An animal control officer has the following enforcement powers when enforcing this chapter:

(1) The power to issue citations based on probable cause to offenders for misdemeanor and felony violations of this chapter or chapter 40-1 ;

(2) The power to request that a law enforcement officer arrest and take into custody any person the animal control officer has probable cause to believe has committed or is committing a violation of this chapter or chapter 40-1 . An animal control officer may make an oral complaint to a prosecuting attorney or a law enforcement officer to initiate an arrest. The animal control officer causing the arrest shall file with the arresting agency a written complaint within twenty-four hours of the arrest, excluding Sundays and legal holidays, stating the alleged act or acts constituting a violation;

(3) The power to carry protective devices, other than firearms, for personal protection;

(4) The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter or chapter 40-1 , and to seize evidence of those violations.

Source: SL 2006, ch 211, § 3.
S.D. Codified Laws § 40-3-2 — SD Code / Title 40 / Chapter 3 / Section 40-3-2
Composition of board--Appointment and terms of office--Vacancies
Status: in_force

The Animal Industry Board shall consist of eight members appointed by the Governor. Any interested farm, commodity, livestock auction or livestock commission, or veterinary organization may submit nominations to the Governor from which appointments may be made. Each term is for a period of three years and until the successor is appointed and qualified. Any vacancy may be filled by appointment of the Governor for the balance of the unexpired term.

The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.

Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1979, ch 266, § 1; SL 1990, ch 325, § 3; SL 2012, ch 16, § 19; SL 2013, ch 176, § 12; SL 2025, ch 170, § 1.
S.D. Codified Laws § 40-18-1 — SD Code / Title 40 / Chapter 18 / Section 40-18-1
Composition of board--Nomination and appointment of members
Status: in_force

The State Brand Board shall consist of five members appointed by the Governor and confirmed by the Senate. Statewide nonprofit agricultural organizations or other interested persons, may submit nominations to the Governor.

Source: SDC 1939, § 40.1201; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1976, ch 252, § 1; SL 1988, ch 328, § 2; SL 2004, ch 259, § 1, eff. Mar. 16, 2003; SL 2009, ch 202, § 2.
S.D. Codified Laws § 40-28-4 — SD Code / Title 40 / Chapter 28 / Section 40-28-4
Liability for trespass by livestock--Exception where fence inadequate
Status: in_force

Except as in this chapter otherwise provided, any person owning or having charge or possession of any buffalo, horses, mules, cattle, goats, sheep, or swine that trespass upon the land, either fenced or unfenced, owned by or in possession of any person, or being cropped by any person injured by such trespass, is liable to any such person injured for all damages sustained by reason of the trespass. No person is liable under this chapter if the person injured has maintained an inadequate partition fence and notice thereof has been given pursuant to § 43-23-5 or if the person is not required to build the fence because of frozen earth pursuant to § 43-23-7 .

Source: CCivP 1877, § 747; SL 1883, ch 115, § 1; SL 1885 (Spec. Laws), ch 17, §§ 4, 5; CL 1887, § 5569; RCCivP 1903, §§ 817, 829, 830; SL 1907, ch 244, § 1; RC 1919, §§ 2921, 2922; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, § 37.2401; SL 1978, ch 286; SL 2001, ch 224, § 1.
S.D. Codified Laws § 40-3-19 — SD Code / Title 40 / Chapter 3 / Section 40-3-19
Enforcement of board orders by sheriff or law enforcement officer
Status: in_force

The Animal Industry Board may call upon any sheriff or law enforcement officer to execute its orders. Any sheriff or law enforcement officer shall obey the orders of the board.

Source: SDC 1939, § 40.0106; SL 1990, ch 325, § 20.
S.D. Codified Laws § 40-20-40 — SD Code / Title 40 / Chapter 20 / Section 40-20-40
Mileage fee for travel to inspection
Status: in_force

The board may charge a fee for actual mileage traveled to perform a local inspection or an inspection at an open market. The mileage fee shall be in addition to the inspection fee and may not exceed the rate set pursuant to § 3-9-1 .

Source: SL 1993, ch 307, § 2; SL 2024, ch 20, § 18.
S.D. Codified Laws § 40-21-12.1 — SD Code / Title 40 / Chapter 21 / Section 40-21-12.1
Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor
Status: in_force

If the person transporting livestock out of the ownership inspection area as described in § 40-21-10 or 40-21-11 fails to establish ownership of any livestock, the board may hold the livestock. If a hold has been placed on the livestock, it is a Class 1 misdemeanor for the person to remove the livestock from the ownership inspection area or sell the livestock before the board has cleared the hold for release. Any livestock hold continuing beyond sixty days shall be forwarded by the inspector to the board for review and final disposition, which may include clarification, settlement, or payment related to proper ownership.

Source: SL 2008, ch 215, § 3.
S.D. Codified Laws § 40-20-39 — SD Code / Title 40 / Chapter 20 / Section 40-20-39
Inspection of livestock removed from inspection area--Fee
Status: in_force

Livestock that is removed from the ownership inspection area in violation of this chapter may be inspected at any place outside the inspection area and the fee collected for the inspection. The inspection does not exempt any person from prosecution for violation of the inspection laws.

Source: SL 1992, ch 288, § 6.
S.D. Codified Laws § 40-21-7 — SD Code / Title 40 / Chapter 21 / Section 40-21-7
Inspection fee for livestock--Receipt--Charge on entire consignment
Status: in_force

The board may collect a fee on all livestock inspected in accordance with the provisions of § 40-18-16 . The owner or seller of any livestock so inspected is responsible for the inspection fee. All fees are payable to the board and the board shall issue a receipt. The board shall deliver the original receipt to the remitter, and the duplicate receipt shall be retained by the board. No inspection clearance may be delivered until the inspection fees have been paid. If only a portion of a consignment of livestock is sold, the inspection fee required shall be charged on the entire consignment.

Source: SL 1943, ch 142, § 10; SL 1945, ch 172, § 3; SDC Supp 1960, § 40.12A05; SL 1963, ch 240; SL 1980, ch 277; SL 1988, ch 328, § 81.
S.D. Codified Laws § 40-18-10.1 — SD Code / Title 40 / Chapter 18 / Section 40-18-10.1
Agreements with other states for livestock ownership inspection
Status: in_force

The board may enter into reciprocal agreements or contracts with an agency of any other state, which provides livestock ownership inspection.

Source: SL 1943, ch 142, § 5; SDC Supp 1960, § 40.1201-3; SL 1988, ch 328, § 12.
S.D. Codified Laws § 40-19-23 — SD Code / Title 40 / Chapter 19 / Section 40-19-23
Administrative expenses paid from brand fund--Vouchers and warrants--Publication and sale of brand books and supplements
Status: in_force

All expenses for salary of employees, per diem and traveling expenses of members of the board, books, records, files, and office equipment necessary for the maintenance of a permanent system of brand registration, rerecording, and renewals as provided for in this chapter, and the execution and enforcement of the provisions of chapters 40-18 to 40-22 , inclusive, and chapter 40-29 shall be allowed upon vouchers approved by the board and warrants issued therefor by the state auditor, and paid out of the brand fund by the state treasurer.

The expenses referred to in this section include the expense of printing brand books and supplements sold for a price to be fixed by the board at not less than cost. The receipts from such sales shall be paid to the state treasurer and shall be deposited in the brand fund.

Source: SDC 1939, § 40.1218; SL 1949, ch 145, § 4; SL 1953, ch 212; SL 1988, ch 328, § 40.
S.D. Codified Laws § 40-20-37 — SD Code / Title 40 / Chapter 20 / Section 40-20-37
Removal of livestock before ownership inspection prohibited--Violation as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any buyer of livestock at a licensed livestock auction market in the ownership inspection area, or any person on the buyer's behalf, to remove any livestock from the market until the livestock have been inspected for ownership as provided in § 40-20-26 .

Source: SL 1991, ch 335, § 4.
S.D. Codified Laws § 40-37-17 — SD Code / Title 40 / Chapter 37 / Section 40-37-17
Collection and payment to district of control district taxes--Credit to control district fund
Status: in_force

The proper tax collecting officials shall collect all predator control district taxes, together with interest and penalty thereon, if any, in the same manner as the general taxes are collected, and shall pay over to the predator control district secretary - treasurer on the tenth day of each month all taxes so collected during the preceding month, with interest and penalties collected thereon. The district secretary - treasurer forthwith shall enter these receipts to the credit of the predator control district fund. In addition, such tax may be enforced and collected by distress and sale of the livestock of such person in the same manner as is provided for the collection of mobile home taxes pursuant to chapter 10-22 .

Source: SL 1974, ch 275, § 18; SL 1975, ch 262; SL 1992, ch 80, § 217.
S.D. Codified Laws § 40-23-22 — SD Code / Title 40 / Chapter 23 / Section 40-23-22
Requirements as to male animals
Status: in_force

The directors shall have power to specify the breed, quality, and number of male breeding animals which each member must furnish when stock are grazed in a common pasture within the grazing district. The association may also prescribe the breed and quality of bulls that are to run in the area.

Source: SDC 1939, §§ 40.1806 (7), 40.1807.
S.D. Codified Laws § 40-3-15 — SD Code / Title 40 / Chapter 3 / Section 40-3-15
Publication of bulletins by board
Status: in_force

Bulletins containing the rules of the Animal Industry Board together with such information relating to animals as shall be calculated to promote the purposes of this chapter, may be distributed from time to time by the board to the newspapers of the state, to all persons dealing in such animals, to the proper officers of all transportation companies doing business in this state, and to any citizen of this state upon application therefor. The cost of the bulletins shall be paid out of funds appropriated for the maintenance of the board.

Source: SDC 1939, § 40.0109; SL 1990, ch 325, § 16.
S.D. Codified Laws § 40-12-6 — SD Code / Title 40 / Chapter 12 / Section 40-12-6
Confinement of pet bitten by animal suspected of having rabies--Violation as misdemeanor
Status: in_force

The department may serve written notice upon the owner of a dog or cat known to have been bitten by an animal known or suspected of being affected by rabies, requiring the owner to confine such dog or cat for a period of not less than six months. However, if such dog or cat had been properly treated with an antirabic vaccine, confinement shall be for a period of not less than three months. In the case of any pet other than a dog or cat, the department may serve written notice upon the owner of such animal that the owner shall have the animal euthanized immediately. Any owner who fails to comply with a written notice served pursuant to this section is guilty of a Class 1 misdemeanor.

Source: SL 1988, ch 324, § 3; SL 1990, ch 325, § 212.
S.D. Codified Laws § 40-36-9 — SD Code / Title 40 / Chapter 36 / Section 40-36-9
Programs and rules for control of injurious animals--Payment of expenses
Status: in_force

The Department of Game, Fish and Parks may direct or employ personnel and conduct programs and the Game, Fish and Parks Commission may adopt pursuant to chapter 1-26 necessary rules to control foxes, coyotes, feral dogs, prairie dogs, and other wild animals. The expense thereof shall be paid out of the Department of Game, Fish and Parks fund or the state animal damage control fund.

Source: SDC 1939, § 25.1004; SL 1974, ch 274, § 2; SL 1978, ch 288, § 5; SL 1983, ch 292, § 10; SL 1984, ch 273, § 36.
S.D. Codified Laws § 40-15-16 — SD Code / Title 40 / Chapter 15 / Section 40-15-16
Auction agency services available without discrimination--Filing and posting of rate schedules--Rebates prohibited--Violation as petty offense
Status: in_force

Every livestock auction agency shall furnish its service to every person who requests it, without discrimination. Its rates shall be reasonable and nondiscriminating and shall be filed with the Animal Industry Board before a license is issued. The rates may be changed from time to time by filing new schedules with the board thirty days before they are to take effect. Rates shall be posted plainly, visibly, and conspicuously with the license on the premises. No livestock auction agency may rebate any service charge or render its services to anyone without charging the rate posted and filed. A violation of this section is a petty offense. Each violation is a separate offense.

Source: SDC 1939, § 40.2006; SL 1977, ch 190, § 492; SL 1990, ch 325, § 251; SL 1992, ch 158, § 90.
S.D. Codified Laws § 40-27-16 — SD Code / Title 40 / Chapter 27 / Section 40-27-16
Foreclosure of liens on livestock
Status: in_force

Any lien arising under the provisions of this chapter may be foreclosed under the provisions of chapter 21-53 or under the provisions of chapter 21-54 subject to the right of any person adversely interested to require a foreclosure under chapter 21-53 .

Source: SDC 1939, §§ 39.1003, 39.1105, 39.1404.
S.D. Codified Laws § 40-32-35 — SD Code / Title 40 / Chapter 32 / Section 40-32-35
Petition for condemnation of contraband--Hearing--Disposal of contraband
Status: in_force

The secretary upon seizing or quarantining contraband pursuant to § 40-32-34 may, within two days, petition the circuit court for the county in which the contraband material is found for condemnation of the material. The court shall fix a time and place of hearing and provide for reasonable notice thereof to the person in whose possession the contraband material was found. Upon hearing, the court shall determine whether the milk or milk product is in fact adulterated, misbranded or otherwise illegal. If the court determines that the article is adulterated, misbranded or otherwise illegal, it shall order that the same be condemned and destroyed or otherwise disposed of as the court shall direct.

Source: SL 1992, ch 290, § 5.
S.D. Codified Laws § 40-20-32 — SD Code / Title 40 / Chapter 20 / Section 40-20-32
Feedlot operation in inspection area--Designation as registered feedlot--Application--Requirements
Status: in_force

Any person who operates a drylot cattle feeding operation, within the confines of permanently fenced lots and within the ownership inspection area may apply to the board for designation as a registered feedlot. The board shall prescribe a form for this purpose. Upon receipt of an application and within thirty days, the board may grant a permit if the following requirements are satisfied:

(1) The operator's feedlot is a permanently fenced drylot;

(2) The operator commonly practices feeding cattle to finish for slaughter; and

(3) The operator brands all cattle carrying mixed brands, held under common ownership, with a registered brand or a feedlot assigned brand approved by the board.

Source: SL 1984, ch 270, § 1; SL 1988, ch 328, § 70.
S.D. Codified Laws § 40-28-25 — SD Code / Title 40 / Chapter 28 / Section 40-28-25
Judgment as lien on trespassing animals
Status: in_force

Any judgment rendered in an action under the provisions of this chapter shall be a lien upon such animals and the same may be sold and the proceeds applied to the satisfaction of the judgment as in other cases of sale of personal property on execution.

Source: CCivP 1877, § 751; SL 1885 (Spec. Laws), ch 17, § 9; CL 1887, § 5573; RCCivP 1903, §§ 821, 834; SL 1907, ch 244, § 5; RC 1919, § 2925; SDC 1939 & Supp 1960, § 37.2406.
S.D. Codified Laws § 40-31-14 — SD Code / Title 40 / Chapter 31 / Section 40-31-14
Computation of assessment by association when monthly return not filed
Status: in_force

In case any person charged under this chapter with the obligation of filing a return or collecting and remitting the assessment imposed by this chapter fails to make a return when due, or fails to collect or remit such assessment as herein provided, an officer of the American Dairy Association designated by it for such purpose after ten days' notice to such person shall have a hearing thereon and determine the amount of such tax according to his best judgment and information, which amount so fixed by the association officer shall be prima facie correct.

Source: SL 1951, ch 5, § 10; SL 1957, ch 5, § 4; SDC Supp 1960, § 4.2210; SL 1964, ch 4, § 3.
S.D. Codified Laws § 40-12-1 — SD Code / Title 40 / Chapter 12 / Section 40-12-1
Confinement of animals required in localities where rabies exists--Neglect as misdemeanor
Status: in_force

In localities where rabies exists, the Animal Industry Board may require that any animal deemed likely to spread such disease shall be muzzled, caged, tied, or confined in any manner that may be deemed necessary. It is a Class 1 misdemeanor for any owner or person in charge of any animal so ordered to be muzzled, caged, tied, or confined, to refuse or neglect to carry out such order.

Source: SDC 1939, § 40.0601; SL 1977, ch 190, § 481; SL 1990, ch 325, § 208.
S.D. Codified Laws § 40-27-12 — SD Code / Title 40 / Chapter 27 / Section 40-27-12
Veterinarian's vaccination lien
Status: in_force

Every duly licensed and registered veterinarian shall have a lien for vaccinating livestock for cholera, anthrax, blackleg, hemorrhagic septicemia, or swine erysipelas from the date of such vaccination upon all livestock so vaccinated.

Source: SDC 1939, § 39.1401; SL 1943, ch 141.
S.D. Codified Laws § 40-34-2 — SD Code / Title 40 / Chapter 34 / Section 40-34-2
Liability of owner for damages by dog disturbing domestic animals--Property subject to execution--Violation as misdemeanor
Status: in_force

Any person owning, keeping, or harboring a dog that chases, worries, injures, or kills any poultry or domestic animal is guilty of a Class 2 misdemeanor and is liable for damages to the owner thereof for any injury caused by the dog to any such poultry or animal. All property except such as is absolutely exempt, is subject to execution issued upon a judgment for such damages and costs.

Source: SDC 1939, § 40.1312; SL 1991, ch 186, § 28.
S.D. Codified Laws § 40-36-3.1 — SD Code / Title 40 / Chapter 36 / Section 40-36-3.1
Prairie dog control program on private lands
Status: in_force

The secretary of game, fish and parks shall establish a program to continue prairie dog control on private lands at the written request and with the cooperation of the participating landowner. The program is to be funded from revenues in the state animal damage control fund.

Source: SL 1978, ch 288, § 7; SL 1983, ch 292, § 4.
S.D. Codified Laws § 40-25-13 — SD Code / Title 40 / Chapter 25 / Section 40-25-13
General corporate powers of association
Status: in_force

Any association created under the provisions of this chapter shall have power to conduct the business of a purebred livestock registry association and to do all things necessary to promote the best interests of said association in accordance with law and the articles of incorporation.

Source: SDC 1939, § 40.1605.
S.D. Codified Laws § 40-1-1 — SD Code / Title 40 / Chapter 1 / Section 40-1-1
Definition of terms
Status: in_force

Terms used in chapters 40-1 and 40-2 , mean:

(1) "Abandon," to give up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party;

(2) "Animal," any mammal, bird, reptile, amphibian, or fish, except humans;

(3) "Board," the South Dakota Animal Industry Board;

(4) "Cruelty," to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal;

(5) "Dangerous animal," any animal that, by itself or by environmental circumstances, at the determination of the board, any agent or officer of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans;

(6) "Humane killing," to cause the death of an animal in a manner to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;

(7) "Impound," to take physical control and custody of an animal;

(8) "Livestock," any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets;

(9) "Mistreat," to cause or permit the continuation of unjustifiable physical pain or suffering of an animal;

(10) "Neglect," to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal;

(11) "Proper enclosure," a secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human.

Source: SDC 1939, § 40.2201; SL 1991, ch 331, § 1; SL 2014, ch 194, § 1.
S.D. Codified Laws § 40-37-13 — SD Code / Title 40 / Chapter 37 / Section 40-37-13
Referendum for additional tax levy--Mailing and contents of ballots--Publication--Computation of results--Time for returning ballots
Status: in_force

Whenever the board of directors shall determine to hold a referendum to levy an additional amount as provided in § 40-37-12 , the county director of equalization shall mail to each resident livestock owner in that county a ballot stating the amount of additional levy requested, the provisions governing the conduct of the referendum, and the effect of an affirmative result in the referendum. The board of directors shall publish the question in a newspaper not less than two weeks prior to the date the ballots are to be returned. Each resident owner's expression shall be, upon receipt by the county director of equalization multiplied by the number of sheep and cattle determined to be owned in his name and the proposition shall be approved if a majority of the product of such multiplication approves the additional levy. Each ballot must be returned within two weeks and voted to be considered.

Source: SL 1974, ch 275, § 14; SL 1979, ch 272, § 8.
S.D. Codified Laws § 40-33-11 — SD Code / Title 40 / Chapter 33 / Section 40-33-11
Investigation of complaint against wholesale dealer--Notice and hearing--Report and conclusions
Status: in_force

Upon filing of the complaint in the manner provided in § 40-33-10 the secretary of agriculture and natural resources shall investigate the charges made and, at his discretion, order a hearing before him, giving the party complained of notice of the filing of the complaint and the time and place of the hearing. At the conclusion of the hearing the secretary shall report his findings and render his conclusions, upon the matter complained of, to the complainant and the respondent in each case, who shall have fifteen days following in which to make effective and satisfy the secretary's conclusions.

Source: SL 1955, ch 5, § 5; SDC Supp 1960, § 4.2405; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-33-4 — SD Code / Title 40 / Chapter 33 / Section 40-33-4
Resident paying cash for purchases not deemed dealer at wholesale
Status: in_force

Any resident of South Dakota who purchases, and at the time of purchase makes full payment in cash therefor, South Dakota eggs, poultry, poultry products, or dairy products, shall not be deemed a dealer at wholesale within the meaning of this chapter.

Source: SL 1955, ch 5, § 2; SDC Supp 1960, § 4.2402 (2); SL 1963, ch 9, § 2.
S.D. Codified Laws § 40-31-31 — SD Code / Title 40 / Chapter 31 / Section 40-31-31
Report of violations to attorney general
Status: in_force

The American Dairy Association shall have the power and duty to report violations of this chapter to the attorney general of the State of South Dakota.

Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (5).
S.D. Codified Laws § 40-15-1.2 — SD Code / Title 40 / Chapter 15 / Section 40-15-1.2
"Mobile market" defined
Status: in_force

The term, livestock mobile market refers to any livestock auction agency conducted with mobile facilities as necessary for the receiving, handling, and care of livestock consigned or entrusted to it for sale and sold competitively by means of the marketing and merchandising services it renders.

Source: SL 1970, ch 232, § 3; SL 1990, ch 325, § 237.
S.D. Codified Laws § 40-31-6 — SD Code / Title 40 / Chapter 31 / Section 40-31-6
Officers of association--Orders and rules--Bonds required
Status: in_force

The American Dairy Association shall have the power and duty to elect a chairman, vice - chairman, secretary, and treasurer who shall be members of the association and such other officers as it may deem advisable, and may adopt orders for the exercise of its powers and the performance of its duties. The association shall cause its officers to be adequately bonded for the faithful performance of their duties and the strict accounting for all funds of the association. The association may promulgate rules pursuant to chapter 1-26 concerning:

(1) Declaratory rulings;

(2) Reporting requirements;

(3) Assessments and collection procedures; and

(4) Refunds and refund procedures.

Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SL 1957, ch 5, § 3; SDC Supp 1960, §§ 4.2203(1), 4.2208; SL 1986, ch 326, § 90.
S.D. Codified Laws § 40-34-14 — SD Code / Title 40 / Chapter 34 / Section 40-34-14
Vicious dog defined
Status: in_force

For the purposes of §§ 40-34-13 to 40-34-15 , inclusive, a vicious dog is:

(1) Any dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a human being upon the streets, sidewalks, or any public grounds or places; or

(2) Any dog which, on private property, when unprovoked, in a vicious or terrifying manner approaches in apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property.

Source: SL 1988, ch 330, § 2.
S.D. Codified Laws § 40-33-8 — SD Code / Title 40 / Chapter 33 / Section 40-33-8
Additional bond required when wholesale dealer's bond inadequate
Status: in_force

The secretary of agriculture and natural resources, when he is of the opinion that any bond theretofore given by any dealer at wholesale is inadequate for the proper protection of the public, may require the dealer at wholesale to give additional bonds in such amounts as from time to time he may determine and direct, with sureties to be approved by the secretary, and conditioned as set forth in § 40-33-7 .

Source: SL 1955, ch 5, § 4; SDC Supp 1960, § 4.2404; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-15A-8.1 — SD Code / Title 40 / Chapter 15A / Section 40-15A-8.1
Partial payment of purchase price at time of sale or delivery--Payment of balance
Status: in_force

Every licensee under this chapter shall pay, upon request by the seller, eighty percent of the negotiated value of livestock sold at the time of the sale or delivery of the livestock sold, if the term of the sale is on the grade or carcass basis. Thereafter, upon the livestock slaughtered and the determination of the yield and final grade are established, the balance shall be paid on the day following sale determination.

Source: SL 1975, ch 259, § 7; SL 1990, ch 325, § 284.
S.D. Codified Laws § 40-32-22 — SD Code / Title 40 / Chapter 32 / Section 40-32-22
Records and reports to secretary
Status: in_force

The secretary of agriculture and natural resources may require such reports and records kept and sent to his office as may be needed for the proper enforcement of this chapter.

Source: SL 1957, ch 92, § 9; SDC Supp 1960, § 4.1909; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-15-25 — SD Code / Title 40 / Chapter 15 / Section 40-15-25
Auction agency not liable for negligence of inspector--Inspector not agent of agency
Status: in_force

No livestock auction agency is liable for the negligent acts of any veterinary inspector, nor may any such veterinary inspector be considered an agent of the livestock auction agency.

Source: SDC 1939, § 40.9926 as added by SL 1957, ch 203, § 4; SL 1990, ch 325, § 260.
S.D. Codified Laws § 40-31-4 — SD Code / Title 40 / Chapter 31 / Section 40-31-4
Nomination, appointment and terms of processor members
Status: in_force

The processor members of the American Dairy Association shall be appointed by the Governor from among a list of nominees supplied by the South Dakota Dairy Association. The list shall be at least twice the number of appointments to be made. Each term is for a period of two years beginning on October thirty-first with one processor member to be appointed each year as the term of a previous appointee expires.

Source: SL 1951, ch 5, § 2; SL 1955, ch 4, § 2; SDC Supp 1960, § 4.2202; SL 2013, ch 176, § 13.
S.D. Codified Laws § 40-15A-3 — SD Code / Title 40 / Chapter 15A / Section 40-15A-3
Annual application for dealer's, packer's, or packer buyer's license--Contents
Status: in_force

Before any person is licensed to transact business as a livestock dealer, packer, or packer buyer, he shall file annually with the Animal Industry Board on or before July first, an application for a license to transact such business on a form prescribed by the board. The application shall contain the following information:

(1) The nature of the business to be conducted by the applicant;

(2) The name of any person applying for license, together with his address and permanent residence;

(3) The full name of each member thereof, if the applicant is a firm, association, or partnership or the names of the officers thereof if the applicant is a corporation;

(4) The post office and principal place of business of the applicant;

(5) If the applicant is a foreign corporation its principal place of business, without the state, the name of the state in which it is incorporated;

(6) A copy of the financial statement showing current assets and current liabilities, as submitted to the bonding company to secure a bond under the terms of this chapter; and

(7) Such other information as the board may prescribe.

Source: SL 1972, ch 221, § 3; SL 1975, ch 259, § 2; SL 1982, ch 283, § 2; SL 1990, ch 325, § 278.
S.D. Codified Laws § 40-3-30 — SD Code / Title 40 / Chapter 3 / Section 40-3-30
Animal disease research and diagnostic laboratory bond redemption and operations fund
Status: in_force

There is hereby created the state animal disease research and diagnostic laboratory bond redemption and operations fund. Interest earned on money in the fund shall be deposited in the fund. The fund shall be administered by the Animal Industry Board.

Source: SL 2017, ch 43, § 6, eff. Mar. 17, 2017.
S.D. Codified Laws § 40-33-17 — SD Code / Title 40 / Chapter 33 / Section 40-33-17
Suspension or revocation of license on violation of this chapter
Status: in_force

The secretary of agriculture and natural resources may, upon ten days' notice and opportunity to be heard, suspend, revoke, or cancel the license of a person adjudicated to be in violation of this chapter.

Source: SL 1955, ch 5, § 6; SDC Supp 1960, § 4.9916; SL 1991, ch 186, § 27; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-32-13 — SD Code / Title 40 / Chapter 32 / Section 40-32-13
Licenses for sampling and grading
Status: in_force

An application for a sampling and grading license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. A fee of fifty dollars shall be submitted with the application. A license shall be issued to persons for sampling and grading of milk at a milk plant, or for the operator of a bulk tank truck picking up milk at the farm, upon satisfactory completion of an examination pertaining to sampling and grading and an evaluation of sampling methods. Each license shall be stamped, "Sampler Only" or "Bulk Hauler."

Source: SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 2009, ch 205, § 9; SL 2016, ch 205, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-20-33 — SD Code / Title 40 / Chapter 20 / Section 40-20-33
Rules for suspension or revocation of feedlot permit--Inspection of cattle--Renewal of permit
Status: in_force

The board may adopt rules for the suspension or revocation of the permit for violations of §§ 40-20-32 to 40-20-36 , inclusive, pursuant to chapter 1-26 . A registered feedlot is subject to inspection upon all cattle placed in the feedlot. The registered feedlot permit may be renewed annually.

Source: SL 1984, ch 270, § 2; SL 1988, ch 328, § 71.
S.D. Codified Laws § 40-20-27 — SD Code / Title 40 / Chapter 20 / Section 40-20-27
Livestock ownership inspection certificate issued to buyer
Status: in_force

The board shall issue a livestock ownership inspection certificate, in such form as the board may prescribe, to each livestock buyer showing such information as may be required by the board.

Source: SL 1943, ch 142, § 12; SDC Supp 1960, § 40.12A07; SL 1967, ch 166; SL 1968, ch 156, § 1; SL 1988, ch 328, § 66.
S.D. Codified Laws § 40-25-6 — SD Code / Title 40 / Chapter 25 / Section 40-25-6
Articles filed to extend term of association--Contents
Status: in_force

Any association formed under the provisions of this chapter may extend its term of existence at any time within the last year of its then existing term, as evidenced by its articles of incorporation, or any amended articles, by filing with the secretary of state articles of incorporation such as are required for formation of an association, under the provisions of this chapter, and containing the additional statement that such articles are filed for the purpose of extending the term of existence of said association for such additional term as may be specified, not exceeding the term of fifty years for each separate extension.

Source: SDC 1939, § 40.1604.
S.D. Codified Laws § 40-38-4 — SD Code / Title 40 / Chapter 38 / Section 40-38-4
Prohibited activities--Penalty
Status: in_force

Any person who violates subdivision 40-38-2 (1) or (6) is guilty of a Class 2 misdemeanor if there is damage of four hundred dollars or less. Any person who violates subdivision 40-38-2 (7) or (8), is guilty of a Class 2 misdemeanor. Any person who violates subdivision 40-38-2 (1) or (6) is guilty of a Class 1 misdemeanor if there is damage in an amount greater than four hundred dollars and less than one thousand dollars. Any person who violates subdivision 40-38-2 (1) or (6) is guilty of a Class 4 felony if there is damage of one thousand dollars or greater. Any person who violates subdivisions 40-38-2 (2) to (5), inclusive, is guilty of a Class 4 felony.

Source: SL 1992, ch 291, § 4; SL 2006, ch 130, § 16; SL 2025, ch 173, § 5.
S.D. Codified Laws § 40-5-8.2 — SD Code / Title 40 / Chapter 5 / Section 40-5-8.2
Authority to inspect, examine, test, and quarantine animals--Violation as misdemeanor
Status: in_force

The Animal Industry Board may inspect, examine, test, and quarantine any animal or any geographic area within the state if necessary to control, prevent, or eradicate any threat to the health and well - being of the animal industry of the state, including domestic and nondomestic animals. A violation of this section is a Class 1 misdemeanor.

Source: SL 1989, ch 349, § 2; SL 1990, ch 325, § 36.
S.D. Codified Laws § 40-36-15 — SD Code / Title 40 / Chapter 36 / Section 40-36-15
Bounties payable for coyotes--Restrictions on payments--Fraud--Penalty
Status: in_force

(1) For each adult coyote, five dollars;

(2) For each coyote pup, five dollars.

The Game, Fish and Parks Commission may not approve any bounty claim except during the months of April, May, and June. No bounty payments may be made under this section unless the commission determines that the average price of raw furs in the round for the preceding winter is below five dollars per animal.

Any person who exhibits to a county auditor the skin of an animal which was killed outside of the boundaries of that county, or who patches any skin or part of skin, for the purpose of defrauding the State of South Dakota, in any manner, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 25.1001; SL 1941, ch 122; SL 1945, ch 36, § 10; SL 1947, ch 115; SL 1951, ch 126; SL 1961, ch 123, § 1; SL 1963, ch 141, § 1; SL 1967, ch 90; SL 1972, ch 220; SL 1978, ch 288, § 1; SL 1983, ch 292, § 16; SL 1991, ch 186, § 30; SL 1998, ch 252, § 1; SL 2020, ch 179, § 1.
S.D. Codified Laws § 40-27-15 — SD Code / Title 40 / Chapter 27 / Section 40-27-15
Innocent purchasers and encumbrancers not affected by vaccination lien filed late
Status: in_force

The lien under § 40-27-12 shall not affect the rights of innocent purchasers or encumbrancers of the livestock unless the lien statement be filed within twenty days after completion of the vaccination.

Source: SDC 1939, § 39.1401; SL 1943, ch 141.
S.D. Codified Laws § 40-5-1 — SD Code / Title 40 / Chapter 5 / Section 40-5-1
Spread of disease germs or contamination of water as misdemeanor
Status: in_force

No person may leave exposed or scatter or place any substance containing virulent livestock disease germs, or any bottle or container thereof, in such manner as may result in the spread of livestock disease, or as may infect any animal with such disease germs, or as may contaminate any stream or body of water or any land, yards, or premises with such disease germs. Any violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, §§ 40.0111, 40.9901; SL 1977, ch 190, § 455; SL 1990, ch 325, § 26.
S.D. Codified Laws § 40-19-20 — SD Code / Title 40 / Chapter 19 / Section 40-19-20
Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor
Status: in_force

If any brand conflicts with another person's registered brand, the person using the registered brand may file a written statement with the board showing the brand which conflicts with his registered brand. The board shall notify the person accused of using such conflicting brand, by certified or registered mail. The person upon whom such notification is served may appear in person before the board or present a statement to the board explaining how the unrecorded brand is not an infringement upon or in conflict with the registered brand. If the board decides that the unrecorded or last registered brand conflicts with the first registered brand, a notice shall be served upon the person using the unrecorded or last recorded brand to discontinue its use within thirty days from the receipt of such notice. Any person failing to comply with the provisions of this section is liable for all damages resulting from such failure and is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 40.1211; SL 1943, ch 143; SL 1977, ch 190, § 505; SL 1988, ch 328, § 37; SL 1991, ch 24, § 14.
S.D. Codified Laws § 40-3-3 — SD Code / Title 40 / Chapter 3 / Section 40-3-3
Qualifications of board members--Oath of office
Status: in_force

All members of the Animal Industry Board must be residents and electors of the state. One member must be a cattleman, one member must be a sheepman, one member must be a livestock feeder, one member must be a hog producer, one member must be an owner-operator of a livestock auction or commission company, one member must be a dairy producer, one member must be a poultry producer, and one member must be a veterinarian who is actively engaged in practice in the state. All members, other than the veterinarian, must be persons actively and actually raising or marketing livestock or poultry within the state. The members must qualify by taking and subscribing the oath of office required of other civil officers of the state.

Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1979, ch 266, § 2; SL 1990, ch 325, § 4; SL 2025, ch 170, § 2.
S.D. Codified Laws § 40-12-5 — SD Code / Title 40 / Chapter 12 / Section 40-12-5
Confinement of pet after attack upon person--Violation as misdemeanor
Status: in_force

The department may serve written notice upon the owner of any dog or cat which has attacked or bitten a person to confine the animal at the owner's expense upon his premises or at a city pound or other place designated in the notice for a period of at least ten days after the animal has attacked or bitten any person. The department may examine the animal at any time within the ten - day period of confinement to determine whether such animal shows symptoms of rabies. In the case of any pet other than a dog or cat, which has attacked or bitten a person, the department may serve written notice upon the owner of such animal that the owner shall have the animal euthanized immediately and submit the brain to an approved laboratory for rabies examination. Any owner who fails to comply with a written notice served pursuant to this section is guilty of a Class 1 misdemeanor.

Source: SL 1988, ch 324, § 2; SL 1990, ch 325, § 211.
S.D. Codified Laws § 40-17-4 — SD Code / Title 40 / Chapter 17 / Section 40-17-4
Issuance of license--Fee--Duration
Status: in_force

If the inspection required by § 40-17-3 fails to reveal any danger of disease transmission, the Animal Industry Board shall issue the license applied for upon payment of a fee of twenty - five dollars. Such license shall remain valid for a period of one year from the date of issue or until sooner revoked for cause by the board.

Source: SDC 1939, § 40.1103; SL 1990, ch 325, § 309.
S.D. Codified Laws § 40-20-7 — SD Code / Title 40 / Chapter 20 / Section 40-20-7
Authorization for transportation to open market or slaughter plant
Status: in_force

In lieu of an ownership inspection, any person who intends to remove livestock from the livestock ownership inspection area for the purpose of sale or slaughter may obtain a shipper's permit from the board or its authorized agent for the transportation of livestock to a previously designated open market or slaughter plant pursuant to § 40-18-16 . The permit may be obtained forty - eight hours in advance of shipment from an authorized agent of the board.

Source: SDC Supp 1960, § 40.12A04 (1) as added by SL 1967, ch 164; SL 1972, ch 219, § 2; SL 1984, ch 269, § 14; SL 1988, ch 328, § 50; SL 1992, ch 288, § 9.
S.D. Codified Laws § 40-36-26 — SD Code / Title 40 / Chapter 36 / Section 40-36-26
Bounty claim as misdemeanor when animal died from natural causes--Animal killed by federal or other agency
Status: in_force

It is a Class 2 misdemeanor for any person to attempt to bounty a skin from an animal that has died from natural causes, or that has been killed by agents or employees of the United States Fish and Wildlife Service or any other agency engaged in eradicating predatory animals.

Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1977, ch 190, § 540.
S.D. Codified Laws § 40-21-25 — SD Code / Title 40 / Chapter 21 / Section 40-21-25
Rendering establishments exempt from provisions governing transport of hides and carcasses
Status: in_force

No rendering establishment licensed pursuant to chapter 40-17 need comply with the provisions of chapter 40-21 relating to the transport of hides or carcasses, if the carcasses are those of dead or diseased animals which are not intended for human consumption.

Source: SL 1981, ch 293, § 2.
S.D. Codified Laws § 40-19-9 — SD Code / Title 40 / Chapter 19 / Section 40-19-9
Rejection of brand adding symbol to existing brand--Exception
Status: in_force

The board shall reject any brand that has, in addition to being the same as one previously registered, any of the following marks, whether placed across, above, below, at either side or encircling the main brand: a straight bar, a quarter, half or entire circle, half or entire diamond, unless one or more of such marks is filed by the current owner of the first registered brand, in which case it may be accepted.

Source: SDC 1939, § 40.1212; SL 1988, ch 328, § 27.
S.D. Codified Laws § 40-14-3 — SD Code / Title 40 / Chapter 14 / Section 40-14-3
Notice and permit for importation of animals without certificate
Status: in_force

Any person desiring to bring any animal into the state without the certificate of veterinary inspection required by § 40-14-2 shall notify the Animal Industry Board, stating the number and kind of animal and the name and address of the consignee and consignor. The board may issue a permit for the animal to enter the state, if the Animal Industry Board has no reason to believe that the animal is affected, infected, or infested with any such disease or parasite or originated from a district of quarantine, infestation, or infection.

Source: SDC 1939, § 40.0301; SL 1950 (SS), ch 7, § 1; SL 1990, ch 325, § 227; SL 2013, ch 202, § 147.
S.D. Codified Laws § 40-31-17 — SD Code / Title 40 / Chapter 31 / Section 40-31-17
Producer's application for refund of assessment--Approval by association
Status: in_force

Any producer desiring a refund of an assessment paid under this chapter must himself make written application to the secretary of the American Dairy Association of South Dakota therefor. Such application may only be made on an annual basis and may only be made within thirty days after July first, of each year on forms provided by the association. Upon receipt of such completed refund application upon such forms, the secretary of the association shall, within thirty days approve the voucher for payment of the net refund due such producer and transmit such voucher to the state auditor.

Source: SL 1951, ch 5, § 5; SL 1955, ch 4, § 5; SL 1957, ch 5, § 1; SDC Supp 1960, § 4.2205 (3); SL 1964, ch 4, § 2; SL 1977, ch 323; SL 1978, ch 287.
S.D. Codified Laws § 40-1-12 — SD Code / Title 40 / Chapter 1 / Section 40-1-12
Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violation as misdemeanor
Status: in_force

No person may keep any animal which is injured or diseased, past recovery, or unfit for any useful purpose and in suffering, or intentionally abandon to die any sick or disabled animal. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, § 40.2206; SL 1977, ch 190, § 448; SL 1991, ch 186, § 7; SL 1991, ch 331, § 27.
S.D. Codified Laws § 40-15-32.1 — SD Code / Title 40 / Chapter 15 / Section 40-15-32.1
Grounds for revocation, suspension, or refusal to renew license
Status: in_force

The Animal Industry Board may revoke or may suspend an existing license or may refuse to renew a license if the holder or applicant:

(1) Makes a material false statement in an application for a license or testifies falsely on behalf of such application;

(2) Misuses, withdraws, diverts, or fails to directly deposit custodial funds in the custodial account required by the provisions of the Packers and Stockyards Act of 1921 and § 40-15-31 ;

(3) Has not filed or maintained a surety bond or an equivalent security in the form and amount required under the provisions of § 40-15-10 ;

(4) Has not satisfactorily demonstrated that the current assets of the agency exceed the current liabilities of the agency;

(5) Has been convicted, pled guilty, or pled nolo contendere before any state or federal court to charges of forgery, theft, theft by deception, bribery, embezzlement, theft by threat, conspiracy to defraud or other like offense, or violation of the livestock laws of this state;

(6) Has been suspended by order of the secretary of agriculture of the United States Department of Agriculture under the provisions of the Packers and Stockyards Act of 1921; or

(7) Has failed to comply with the provisions of § 40-15-27 or 40-15-28 , or willfully falsifies records required under this chapter.

Source: SL 1988, ch 326, § 2; SL 1990, ch 325, § 268.
S.D. Codified Laws § 40-2-8 — SD Code / Title 40 / Chapter 2 / Section 40-2-8
Animal care and control agency defined
Status: in_force

For the purposes of this chapter and chapter 40-1 , an animal care and control agency is any municipal or county animal control agency or authority authorized to enforce municipal or county ordinances regulating the care, control, licensing, or treatment of animals within the municipality or county, and any nonprofit corporation organized under § 40-2-1 that contracts with a municipality or county to enforce the municipal or county ordinances governing animal care and control.

Source: SL 2006, ch 211, § 4.
S.D. Codified Laws § 40-28-23 — SD Code / Title 40 / Chapter 28 / Section 40-28-23
Damages and expenses recovered by landowner
Status: in_force

Upon the trial of an action under the provisions of this chapter, the plaintiff shall recover the amount of damages sustained and the expenses of keeping the trespassing animal or animals during the time he has restrained and retained the custody thereof.

Source: CCivP 1877, § 751; SL 1885 (Spec. Laws), ch 17, § 9; CL 1887, § 5573; RCCivP 1903, §§ 821, 834; SL 1907, ch 244, § 5; RC 1919, § 2925; SDC 1939 & Supp 1960, § 37.2406.
S.D. Codified Laws § 40-17-1 — SD Code / Title 40 / Chapter 17 / Section 40-17-1
License required for rendering and pet food processing plant--Violation as misdemeanor
Status: in_force

No person may operate a rendering or pet food processing plant, to which carcasses of domestic animals which are not intended for human consumption are brought or delivered, without a license. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 40.1101; SL 1977, ch 190, § 501; SL 1986, ch 340, § 1; SL 1990, ch 325, § 306; SL 1991, ch 186, § 16.
S.D. Codified Laws § 40-18-17 — SD Code / Title 40 / Chapter 18 / Section 40-18-17
Board to provide for brand registration, livestock inspection, and enforcement of laws
Status: in_force

The Brand Board shall provide for the registration of livestock brands, for the inspection of livestock for ownership identification purposes, and for the enforcement of laws pertaining to the inspection, sale, branding, ownership, transportation, and theft of livestock within the ownership inspection area and the state.

Source: SL 1999, ch 206, § 1.
S.D. Codified Laws § 40-19-2.1 — SD Code / Title 40 / Chapter 19 / Section 40-19-2.1
Placement of brand
Status: in_force

Hot iron brands may be placed on the right or left shoulder, rib, or hip of cattle, on the right or left shoulder or hip of horses and mules, on the right or left jaw of horses, on the nose or jaw of sheep and on the rib or hip of buffalo. No brand may be recorded for ownership identification purposes on either the left or right jaw of cattle. No brand may be recorded on the ribs of horses or mules.

Source: SL 1987, ch 296, § 1; SL 1988, ch 328, § 20.
S.D. Codified Laws § 40-37-7 — SD Code / Title 40 / Chapter 37 / Section 40-37-7
Annual district meetings--Notice to livestock owners on revised list
Status: in_force

Annual meetings for the election of members of boards of directors of predator control districts, shall, after the first meeting, be called by the president of each board, after procuring from the county director of equalization within his district a revised and corrected list of livestock owners, who have been determined to be the resident owners of such livestock within his district. The meeting shall be called by a notice mailed and published in the same manner as specified in § 40-37-5 .

Source: SL 1974, ch 275, § 11; SL 1979, ch 272, § 6.
S.D. Codified Laws § 40-1-16 — SD Code / Title 40 / Chapter 1 / Section 40-1-16
Regulated scientific experiments permitted--Inspection
Status: in_force

Nothing in this chapter may be construed to interfere with any properly conducted scientific experiments or investigations performed by personnel following guidelines, regulations, or requirements established by the United States Department of Agriculture and the United States Department of Health and Human Services. Any experiments or scientific investigation and facilities used under this section shall be open to inspection by the board.

Source: SDC 1939, § 40.2211; SL 1991, ch 331, § 28; SL 2014, ch 194, § 14.
S.D. Codified Laws § 40-20-36 — SD Code / Title 40 / Chapter 20 / Section 40-20-36
Inspection of feedlot, cattle, records, and inspection certificates
Status: in_force

A registered feedlot is subject to inspection at any reasonable time at the discretion of the board, and the operator shall show all cattle, inventory records, and inspection certificates to cover all cattle in his feedlot.

Source: SL 1984, ch 270, § 5; SL 1988, ch 328, § 74.
S.D. Codified Laws § 40-18-7 — SD Code / Title 40 / Chapter 18 / Section 40-18-7
President and vice president of board
Status: in_force

The board shall elect from its members a president and vice president each year, who may vote on all matters before the board.

Source: SL 1943, ch 142, § 2; SDC Supp 1960, § 40.1201-1; SL 1988, ch 328, § 8.
S.D. Codified Laws § 40-32-32 — SD Code / Title 40 / Chapter 32 / Section 40-32-32
Assistance of police in inspection
Status: in_force

The secretary may, by written or oral notice, require any police officer to assist in inspecting any place or product subject to the provisions of this chapter.

Source: SL 1992, ch 290, § 2.
S.D. Codified Laws § 40-32-18 — SD Code / Title 40 / Chapter 32 / Section 40-32-18
Promulgation of rules
Status: in_force

The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 as may be needed to:

(1) Determine and define grades of milk and price differentials to be paid between grades;

(2) Determine and define methods of testing and grading and records to be kept of such testing and grading;

(3) Define individual milk products and set standards for each;

(4) Determine and define methods of production, manufacture, and processing of milk and milk products;

(5) Determine and define construction and sanitation standards for dairy farms and milk plants;

(6) Determine and define construction and sanitation standards for equipment used on dairy farms and milk plants, including transportation equipment for milk and milk products;

(7) Determine and define proper container capacities, labeling, and advertising;

(8) Determine and define duties and responsibilities of a dairy fieldman; and

(9) Review and approve plans and specifications prior to construction.

Source: SDC 1939, § 4.1901; SL 1943, ch 9, § 13; SL 1957, ch 92, § 10; SDC Supp 1960, § 4.1910; SL 1969, ch 8, § 7; SL 1980, ch 280, § 7; SL 1986, ch 326, § 91; SL 2009, ch 205, § 10; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-15A-2 — SD Code / Title 40 / Chapter 15A / Section 40-15A-2
Auction agencies, farmers, ranchers, and livestock feeders exempt
Status: in_force

This chapter does not apply to persons licensed under chapter 40-15 or to farmers, ranchers, or livestock feeders who buy or sell livestock in the ordinary course of their business.

Source: SL 1972, ch 221, § 2; SL 1990, ch 325, § 277.
S.D. Codified Laws § 40-18-18 — SD Code / Title 40 / Chapter 18 / Section 40-18-18
Annual report to Senate and House committees
Status: in_force

The State Brand Board shall make an annual report to the Senate and House Committees on Agriculture and Natural Resources and to the Senate and House Government Operations and Audit Committees. The report shall describe and document the activities of the board for the previous calendar year and shall include the following:

(1) The number and type of livestock that have been inspected during the previous calendar year under the auspices of the board;

(2) The amount collected in inspection fees for the previous calendar year;

(3) The number and type of livestock that have been reported lost or stolen during the previous calendar year;

(4) The number and type of livestock that were placed on hold status pursuant to § 40-21-12 during the previous calendar year if the hold status was not resolved at the livestock auction market and if the hold status was reported to the Brand Board office by the livestock auction market, and the disposition of such cases;

(5) An accounting for any money paid to owners of livestock that had been placed on hold status;

(6) An accounting for livestock for which ownership is not established and for any money associated with such livestock that is placed in the livestock ownership inspection and theft prevention fund pursuant to § 40-21-17 ;

(7) The number of investigations conducted and the number of convictions obtained;

(8) Other information requested by the committee or other information that the board deems appropriate to provide to the committee.

The report is due, in writing, for delivery to the committees not later than the first day of the annual legislative session. Each committee may also require the board to present the report in person at a meeting of the committee held during the legislative session.

Source: SL 2009, ch 202, § 1.
S.D. Codified Laws § 40-31-20 — SD Code / Title 40 / Chapter 31 / Section 40-31-20
Disbursement of association funds
Status: in_force

The American Dairy Association shall have the power and duty to authorize the disbursement of moneys as may be available to it in support of itself and its purposes but only to the extent that such money is available.

Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (9).
S.D. Codified Laws § 40-36-34 — SD Code / Title 40 / Chapter 36 / Section 40-36-34
Special tax on sheep in eastern counties levied on petition of sheep owners--Predatory animals defined
Status: in_force

When the board of county commissioners of any county east of the Missouri River is petitioned by two - thirds of the sheep owners whose names appear on the tax rolls of such county, to levy a special tax levy, not to exceed ten cents per head on all sheep within the county, for the purpose of raising a fund to be expended for the control of predatory animals as defined in this section, said board is hereby empowered to make such levy and collect the tax in the manner provided for the collection of other property tax. For the purpose of this section, predatory animals shall mean coyotes and foxes.

Source: SL 1943, ch 43, § 1; SDC Supp 1960, § 12.2812; SL 1974, ch 273, § 3.
S.D. Codified Laws § 40-25-12 — SD Code / Title 40 / Chapter 25 / Section 40-25-12
Operation as nonprofit corporation--Purposes
Status: in_force

A purebred livestock registry association shall operate as a nonprofit - making corporation and for the promotion of the purebred livestock industry by educational and regulatory measures.

Source: SDC 1939, § 40.1605.
S.D. Codified Laws § 40-34-4 — SD Code / Title 40 / Chapter 34 / Section 40-34-4
Dogs at large declared nuisance by county commissioners--Abatement
Status: in_force

The board of county commissioners of each of the counties of the State of South Dakota may provide that if any person owning or keeping more than five dogs shall fail to keep such dogs within the confines of his own property, such failure shall amount to a public nuisance and be subject to the provisions of §§ 21-10-5 , 21-10-6 , and 21-10-9 .

Source: SL 1964, ch 30, § 1.
S.D. Codified Laws § 40-20-5 — SD Code / Title 40 / Chapter 20 / Section 40-20-5
Livestock ownership inspection area dividing ranch--Movement of livestock without inspection
Status: in_force

If the border of the livestock ownership inspection area of South Dakota divides any ranch or farm, written permission may be given by the board to the owner or lessee of the ranch or farm to trail livestock out of the South Dakota inspection area for grazing purposes without inspection. The border of the South Dakota inspection area shall be contiguous to an inspection area of an adjacent state. The board may cancel such permission at any time subject to the provisions of chapter 1-26 .

Source: SL 1943, ch 142, § 8; SL 1945, ch 172, § 2; SL 1949, ch 144, § 2; SDC Supp 1960, § 40.12A03; SL 1967, ch 163; SL 1984, ch 269, § 13; SL 1988, ch 328, § 48.
S.D. Codified Laws § 40-25-7 — SD Code / Title 40 / Chapter 25 / Section 40-25-7
Adoption and amendment of bylaws--Contents
Status: in_force

The bylaws of a purebred livestock registry association shall be adopted at the organization meeting of the association after its original articles of incorporation have been filed in the Office of the Secretary of State, and such bylaws may be amended at any meeting of the stockholders called in the same manner and with the same notice as is required for amending the articles of incorporation. A majority vote of the stockholders or members of the association shall be required to adopt the original bylaws or any amendment thereof. The bylaws may provide all matters necessary for conduct of the activities of the association in accordance with the Constitution and laws of this state and the articles of incorporation of the association.

Source: SDC 1939, § 40.1606.
S.D. Codified Laws § 40-18-1.2 — SD Code / Title 40 / Chapter 18 / Section 40-18-1.2
Definitions
Status: in_force

(1) "Agency," any private or nonprofit corporation, or its employees, incorporated under state law, designated by the board as its authorized agent to carry out the functions contracted for by the board to inspect livestock for ownership identification purposes;

(2) "Approved brand," any brand accepted for registration by the board;

(3) "Authorized bill of sale," any limited use form approved by the board to transfer ownership of livestock;

(4) "Board," the South Dakota State Brand Board;

(5) "Brand ownership period," the five - year time period during which brands are valid if the fees are paid;

(6) "Carrier," any person in charge of a conveyance which transports livestock;

(7) "Conflicting brand," any brand which is a duplicate of, or is similar to, or may be altered to resemble, a registered brand;

(8) "Conveyance," any vehicle used to transport livestock;

(9) "Estray," any unclaimed cattle, horse, mule, sheep, or buffalo the ownership of which is in question;

(10) "Evidence of ownership," any authorized bill of sale, market clearance, local inspection, health certificate, current registration papers, court order, or other official document or in lieu thereof an affidavit of ownership;

(11) "Healed brand," a brand that has shed the scab and for which the healing process is complete;

(12) "Hold," the possession of livestock or the possession of the proceeds from the sale of livestock for purposes of establishing ownership;

(13) "Hot iron," a metal instrument heated and used to brand livestock;

(14) "Inspect," to examine livestock for the purpose of determining ownership;

(15) "Inspector," any person who is authorized by the board to perform ownership inspection of livestock;

(16) "Livestock," cattle, horses, and mules;

(17) "Local ownership inspection certificate," an ownership inspection certificate of livestock ownership issued by a brand inspector at any point outside the auction market;

(18) "Market clearance," an inspection certificate of ownership for livestock issued by a brand inspector at a South Dakota livestock auction market;

(19) "Open market," any livestock market or shipping point where ownership inspection is conducted by written agreement with the board;

(20) "Owner," the person to whom a recorded brand is registered or who owns cattle, horses, mules, sheep, or buffalo;

(21) "Process," to cut and wrap a livestock carcass for human consumption;

(22) "Producer," any person engaged in the raising of livestock;

(23) "Recordable brand," any brand acceptable for registration;

(24) "Recorded brand," any brand registered with the board;

(25) "Registered brand," any recorded brand for which the fees are currently paid;

(26) "Seller," any person offering for sale or selling livestock;

(27) "Selling agent," any person engaged in livestock commerce;

(28) "Shipper," any person making delivery of livestock to a market or shipping point;

(29) "Shipper's permit," any permit to transport livestock to a market or point approved by the board;

(30) "Slaughter," the killing of livestock for processing for human consumption;

(31) "Split brands," any brand parts of which are applied on more than one location of an animal;

(32) "Tally," any board - approved form used by inspectors to list and describe livestock;

(33) "Trail," to herd or drive livestock from place to place without conveyance; and

(34) "Transport," to carry by conveyance.

Source: SL 1988, ch 328, § 1; SL 1992, ch 288, § 2; SL 2002, ch 190, § 1; SL 2020, ch 178, § 1, eff. Mar. 9, 2020.
S.D. Codified Laws § 40-15-24 — SD Code / Title 40 / Chapter 15 / Section 40-15-24
Veterinary inspector supervised by animal industry board--Discontinuance for failure to perform--Supervising veterinarians
Status: in_force

The service and duties of the veterinary inspector provided for in § 40-15-19 shall be under the direction and supervision of the Animal Industry Board, and the inspector shall be discontinued at the agency if he fails to perform the services and duties required of him by the board. The board may employ as many supervising veterinarians as may be deemed necessary to assist in the enforcement of the law relating to livestock auction agencies.

Source: SDC 1939, § 40.2007; SL 1939, ch 152; SL 1945, ch 173; SL 1957, ch 203, § 3; SL 1990, ch 325, § 259.
S.D. Codified Laws § 40-32-10.6 — SD Code / Title 40 / Chapter 32 / Section 40-32-10.6
Dairy fieldman's service provided by plant
Status: in_force

Any milk plant purchasing milk for purposes other than Grade A as set forth in chapter 39-6 shall provide adequate and continuous service of a dairy fieldman in determining for the secretary of agriculture and natural resources by inspection of each dairy farm selling milk to such plant that the facilities and methods of production are in compliance with this chapter and the rules and regulations adopted thereunder. A dairy fieldman shall have access, ingress, and egress to all such dairy farms.

Source: SDC Supp 1960, § 4.1904 as added by SL 1969, ch 8, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-23-15 — SD Code / Title 40 / Chapter 23 / Section 40-23-15
Directors to exercise corporate power
Status: in_force

The directors shall have power to exercise the full corporate power as authorized in this chapter.

Source: SDC 1939, § 40.1806 (1).
S.D. Codified Laws § 40-3-1 — SD Code / Title 40 / Chapter 3 / Section 40-3-1
Continuation of board--Statutory references to board
Status: in_force

The State Animal Industry Board is continued as a board of state government. The terms "board" or "state board" when used throughout chapters 40-3 to 40-17 , inclusive, refer to the State Animal Industry Board unless a different intention is clear.

Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 1.
S.D. Codified Laws § 40-18-16 — SD Code / Title 40 / Chapter 18 / Section 40-18-16
Promulgation of rules
Status: in_force

The board may promulgate rules, pursuant to chapter 1-26 , to:

(1) Describe prohibited brand symbols for various types of livestock and identify locations on animals where a brand is permitted;

(2) Provide for the registration, transfer, and renewal of livestock brands;

(3) Establish a brand registration fee not to exceed fifty dollars;

(4) Establish a brand renewal fee not to exceed:

(a) Eighteen dollars per year; or

(b) Ninety dollars for each five-year ownership period;

(5) Establish a brand transfer fee not to exceed fifty dollars;

(6) Establish an ownership inspection fee not to exceed one dollar and sixty-five cents for each head of livestock;

(7) Establish recordable livestock brands;

(8) Establish law enforcement, ownership inspection, and transportation requirements within or without the ownership inspection area;

(9) Establish a duplicate certificate fee not to exceed twenty dollars;

(10) Establish a mileage fee for inspectors not to exceed the rate set pursuant to § 3-9-1 ;

(11) Establish an inspection fee for livestock located outside the ownership inspection area not to exceed one dollar and sixty-five cents for each head of livestock; and

(12) Establish a brand registration application fee not to exceed fifty dollars.

Source: SL 1943, ch 142, § 6; SDC Supp 1960, § 40.1201-4; SL 1974, ch 272, § 1; SL 1982, ch 18, § 138; SL 1988, ch 328, § 18; SL 1991, ch 334; SL 1992, ch 288, § 1; SL 1993, ch 307, § 1; SL 1999, ch 207, § 1; SL 1999, ch 208; SL 2008, ch 212, § 1; SL 2018, ch 247, § 2; SL 2019, ch 183, § 1; SL 2024, ch 20, § 17; SL 2026, ch 170, § 1, eff. Feb. 23, 2026.
S.D. Codified Laws § 40-3-5 — SD Code / Title 40 / Chapter 3 / Section 40-3-5
Appointment of executive secretary--Qualifications--Term of office
Status: in_force

The Animal Industry Board shall appoint an executive secretary who shall be a veterinarian and a graduate of a recognized and approved college of veterinary medicine. He may not be a member of the board. His term of office shall be for one year and until his successor is appointed and qualified.

Source: SDC 1939, § 40.0101; SL 1953, ch 210; SL 1990, ch 325, § 6.
S.D. Codified Laws § 40-31-13 — SD Code / Title 40 / Chapter 31 / Section 40-31-13
Monthly return of dairy products handled by dealer or producer
Status: in_force

Every dealer or producer charged by this chapter or by agreement with the keeping of records provided in this chapter shall, as the American Dairy Association by its regulations may require, file with the association a return on or before the fifteenth day of each month, on forms to be prescribed and furnished by the association stating the quantity of dairy products subject to assessment during the preceding month and such other information as the association may reasonably require. A copy of such return shall be retained by all dealers for inspection by the producers selling to them.

Source: SL 1951, ch 5, § 7; SL 1955, ch 4, § 7; SDC Supp 1960, § 4.2207; SL 1976, ch 253.
S.D. Codified Laws § 40-28-8 — SD Code / Title 40 / Chapter 28 / Section 40-28-8
Notice to owner of seizure of trespassing animals
Status: in_force

Whenever any animal or animals are restrained under § 40-28-7 , the person restraining the same shall forthwith notify the owner or person in whose custody the same were at the time the trespass was committed, of the seizure thereof, providing the owner or person who had the same in charge is known to the person making said seizure.

Source: CCivP 1877, § 750; SL 1885 (Spec. Laws), ch 17, § 7; CL 1887, § 5572; RCCivP 1903, §§ 820, 832; SL 1907, ch 244, § 4; SL 1917, ch 371; RC 1919, § 2924; SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403.
S.D. Codified Laws § 40-32-10.4 — SD Code / Title 40 / Chapter 32 / Section 40-32-10.4
Suspension of producer's license or permit--Grounds--Sanctions--Court action
Status: in_force

The department may suspend a producer's license or permit upon failure by the holder of the permit to comply with any of the terms of state statute or promulgated rule or for interference with inspection. In addition to the administrative sanctions available to the department pursuant to this chapter and chapters 39-6 , 39-7 , and 39-8 , any licensed or nonlicensed producer who commits any violation of this chapter or chapters 39-6 , 39-7 , or 39-8 , may be assessed a fine, not to exceed five thousand dollars per violation, or may be subject to injunctive and declaratory relief by the circuit court. All fines collected pursuant to this section are subject to S.D. Const., Art. VIII, § 3. The department is not required to seek the administrative sanctions available under this section prior to commencing an action in circuit court against an alleged violator of this chapter or chapters 39-6 , 39-7 , or 39-8 .

Source: SDC Supp 1960, § 4.1905 as added by SL 1969, ch 8, § 4; SL 2010, ch 205, § 15.
S.D. Codified Laws § 40-28-3 — SD Code / Title 40 / Chapter 28 / Section 40-28-3
Running at large defined
Status: in_force

For the purpose of §§ 40-28-1 and 40-28-2 the term "running at large" shall mean intentionally left outside of the inclosure of a legal fence, and off of the lands owned or controlled by the owner of such animal.

Source: SDC 1939, § 40.1311.
S.D. Codified Laws § 40-15-32.2 — SD Code / Title 40 / Chapter 15 / Section 40-15-32.2
Board authorized to assume control of funds when agency's license revoked
Status: in_force

If a livestock auction agency's license is relinquished, revoked, or suspended by the Animal Industry Board, subject to applicable federal law, the Animal Industry Board may assume control of any account and funds described in § 40-15-31 , including collection of any deposit items, identification and processing of claims to the funds, and payment of valid claims from the available funds.

Source: SL 2002, ch 191, § 3.
S.D. Codified Laws § 40-31-8 — SD Code / Title 40 / Chapter 31 / Section 40-31-8
Offices of Association--Expenses--Contracts and agreements
Status: in_force

The Department of Agriculture and Natural Resources shall have the power and duty to establish offices for the American Dairy Association and incur any and all expense and to enter into any and all contracts and agreements for the proper administration and enforcement of this chapter.

Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (4); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-3-20 — SD Code / Title 40 / Chapter 3 / Section 40-3-20
Disposition of fees collected
Status: in_force

All fees collected by the Animal Industry Board shall be deposited in the state treasury.

Source: SDC 1939, § 40.0113; SL 1990, ch 325, § 21.
S.D. Codified Laws § 40-19-16 — SD Code / Title 40 / Chapter 19 / Section 40-19-16
Replacement of lost or destroyed certificate--Affidavit--Fee
Status: in_force

The board shall issue a duplicate brand certificate in case of loss or destruction of the original certificate upon receipt of an affidavit signed by the owner and notarized describing the brand. The board shall charge a fee pursuant to § 40-18-16 .

Source: SDC 1939, §§ 40.1207, 40.1215; SL 1949, ch 145, § 2; SL 1949, ch 146; SL 1964, ch 113; SL 1967, ch 160; SL 1975, ch 260, § 4; SL 1986, ch 341, § 6; SL 1988, ch 328, § 34.
S.D. Codified Laws § 40-36-13 — SD Code / Title 40 / Chapter 36 / Section 40-36-13
Semiannual county payments to fund
Status: in_force

The county auditors shall, on or before the fifteenth of June and November, present one - half of the appropriation, made pursuant to § 40-36-11 , to the state remittance center, to be placed in the state animal damage control fund.

Source: SL 1945, ch 36, § 3; SDC Supp 1960, § 25.1101; SL 1963, ch 142; SL 1966, ch 72; SL 1978, ch 72, § 8; SL 1983, ch 292, § 14; SL 1985, ch 33, § 23.
S.D. Codified Laws § 40-32-8 — SD Code / Title 40 / Chapter 32 / Section 40-32-8
Annual expiration of license
Status: in_force

Each license issued pursuant to § 40-32-5 is good for one year or any fraction thereof, and shall terminate on December thirty - first of each year.

Source: SDC 1939, § 4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, § 3; SL 1965, ch 6; SL 1969, ch 8, § 2; SL 1980, ch 280, § 6; SL 1987, ch 299, § 4.
S.D. Codified Laws § 40-3-11 — SD Code / Title 40 / Chapter 3 / Section 40-3-11
Executive secretary as state veterinarian--General duties and responsibilities
Status: in_force

The executive secretary of the Animal Industry Board shall act as state veterinarian and shall secure all information he can obtain regarding the existence of contagious, infectious, or transmissible diseases of livestock and execute all orders, rules, and regulations made by the board and present at the regular meetings of the board detailed reports of all matters connected with the work done by him during the period preceding the meeting.

Source: SDC 1939, § 40.0104; SL 1990, ch 325, § 12.
S.D. Codified Laws § 40-21-20 — SD Code / Title 40 / Chapter 21 / Section 40-21-20
Enforcement of rules
Status: in_force

Any rule promulgated pursuant to chapter 1-26 by the board may be enforced in a court of competent jurisdiction.

Source: SL 1949, ch 149, § 2; SDC Supp 1960, § 40.9929; SL 1963, ch 241; SL 1988, ch 328, § 94.
S.D. Codified Laws § 40-15-35.1 — SD Code / Title 40 / Chapter 15 / Section 40-15-35.1
Animal Industry Board allowed to apply for injunction
Status: in_force

The Animal Industry Board may apply for an injunction in any court of competent jurisdiction to restrain any violation of chapter 40-15 or 40-16 .

Source: SL 1988, ch 327; SL 1990, ch 325, § 271.
S.D. Codified Laws § 40-28-1 — SD Code / Title 40 / Chapter 28 / Section 40-28-1
Permitting adult male animal to run at large as petty offense
Status: in_force

It is a petty offense for the owner or person in charge of any stallion over the age of eighteen months, or any bull over the age of ten months, or any ram or boar over the age of eight months to permit the same to run at large.

Source: SDC 1939, §§ 40.1311, 40.9920; SL 1977, ch 190, § 530.
S.D. Codified Laws § 40-23-21 — SD Code / Title 40 / Chapter 23 / Section 40-23-21
Fees and assessments determined by directors
Status: in_force

The directors shall have power to determine grazing fees to be imposed on members or nonmembers on a per head basis for grazing rights or to determine assessments on members on a per head grazing basis for the purchase of lands situated within, contiguous to, or adjacent to such districts.

Source: SDC 1939, § 40.1806 (5).
S.D. Codified Laws § 40-34-5 — SD Code / Title 40 / Chapter 34 / Section 40-34-5
Running at large prohibited by county--County license or tax on dogs
Status: in_force

The board of county commissioners of each of the counties of the State of South Dakota shall have the power to regulate, restrain, or prohibit the running at large of dogs and to impose a license or tax on all dogs not licensed or taxed under municipal ordinance, owned or kept by any person within the county.

Source: SL 1964, ch 30, § 1.
S.D. Codified Laws § 40-15-29 — SD Code / Title 40 / Chapter 15 / Section 40-15-29
Revocation or suspension of license for failure to keep records
Status: in_force

Failure to comply with any of the provisions of §§ 40-15-27 and 40-15-28 is cause for revocation or suspension of the agency license as the Animal Industry Board may decide.

Source: SDC 1939, § 40.2004; SL 1990, ch 325, § 264.
S.D. Codified Laws § 40-25-1 — SD Code / Title 40 / Chapter 25 / Section 40-25-1
Number of organizers required to form association
Status: in_force

Any number of persons not less than six, may associate themselves together as a cooperative association, society, or company for the purpose of conducting a purebred livestock registry association.

Source: SDC 1939, § 40.1601.
S.D. Codified Laws § 40-23-27 — SD Code / Title 40 / Chapter 23 / Section 40-23-27
Rentals for county lands--Variable scale
Status: in_force

Rentals for county lands leased under § 40-23-24 shall be payable annually.

The county commissioners may provide for a variable scale of rental charges, based on market prices for livestock, or livestock products, or the number and character of stock, or the carrying capacity of the land, or on any combination of these factors.

Source: SDC 1939, § 40.1808.
S.D. Codified Laws § 40-36-21 — SD Code / Title 40 / Chapter 36 / Section 40-36-21
Affidavit filed when bounty claim approved by county auditor
Status: in_force

If the county auditor is satisfied that a bounty claim presented under § 40-36-17 is regular and valid, the claimant shall present an affidavit in which he shall state under oath the facts relevant thereto, including the killing, the place where such animal was killed, a statement of the method of killing, and the amount of bounty claimed. Such affidavit shall be in such form, and the county auditor shall keep a record of the same, all in the manner prescribed by resolution of the Game, Fish and Parks Commission.

Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2.
S.D. Codified Laws § 40-14-9 — SD Code / Title 40 / Chapter 14 / Section 40-14-9
Removal or release of animals shipped under false billing as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to remove from the care or custody of any transportation company, without the consent of the Animal Industry Board, any animal that has been billed or represented as "steers" if such livestock are not steers, or any animal that has been falsely billed or falsely labeled, until the laws of this state and the regulations of the Animal Industry Board governing the inspection and testing of animals have been complied with. It is a Class 1 misdemeanor for any person to release any such animal from the custody of a transportation company without the consent of the board until the laws of this state and the rules of the board have been complied with.

Source: SDC 1939, § 40.0304; SL 1977, ch 190, § 487; SL 1990, ch 325, § 232.
S.D. Codified Laws § 40-37-12 — SD Code / Title 40 / Chapter 37 / Section 40-37-12
Additional tax levied by county commissioners subject to referendum--Amount
Status: in_force

In addition to the levy authorized pursuant to § 40-37-11 , the board of county commissioners may levy an additional amount equal to the amount provided in § 40-37-11 , if such additional amount is approved by referendum as provided in § 40-37-13 .

Source: SL 1974, ch 275, § 13.
S.D. Codified Laws § 40-19-17 — SD Code / Title 40 / Chapter 19 / Section 40-19-17
Cancellation of brand conflicting with previous brand
Status: in_force

The board may cancel from record any brand which has been registered in conflict with a previously recorded brand or which is a duplicate thereof.

Source: SDC 1939, § 40.1210; SL 1965, ch 168; SL 1988, ch 328, § 35.
S.D. Codified Laws § 40-21-8 — SD Code / Title 40 / Chapter 21 / Section 40-21-8
Deposit of fees collected by inspecting agency--Monthly report of fees and expenses
Status: in_force

Any fees or other funds collected by an agency delegated by the State Brand Board under the provisions of § 40-18-10 shall be deposited in a separate bank account. The agency delegated by the board under § 40-18-10 shall prepare a monthly report of fees collected and expenses prorated for the ownership inspection program. A copy of the report shall be filed monthly with the board, the secretary of agriculture and natural resources and the auditor general.

Source: SL 1945, ch 172, § 3; SDC Supp 1960, § 40.12A05; SL 1963, ch 240; SL 1984, ch 271, § 1; SL 1988, ch 328, § 82; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-1-21 — SD Code / Title 40 / Chapter 1 / Section 40-1-21
Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted
Status: in_force

No person may intentionally kill any animal of any age or value, the property of another, nor intentionally injure or mistreat any such animal. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prohibit euthanasia conducted by the municipality or under a municipality's animal control activities. This section may not be construed to prohibit activities conducted under chapter 40-34 .

Source: SDC 1939, § 13.1426; SL 1977, ch 190, § 453; SL 1991, ch 331, § 32; SL 2014, ch 194, § 17.
S.D. Codified Laws § 40-31-23 — SD Code / Title 40 / Chapter 31 / Section 40-31-23
Research activities of department
Status: in_force

The Department of Agriculture and Natural Resources shall have the power and duty to conduct scientific research for the purpose of developing and discovering health, food, therapeutic, dietetic, and industrial uses for dairy products.

Source: SL 1951, ch 5, § 3; SL 1955, ch 4, § 3; SDC Supp 1960, § 4.2203 (6); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-18-13 — SD Code / Title 40 / Chapter 18 / Section 40-18-13
Administration of marking and branding laws
Status: in_force

The board shall administer chapters 40-18 to 40-22 , inclusive, chapter 40-29 and any rules promulgated pursuant thereto.

Source: SDC 1939, §§ 40.1201, 40.1203; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1988, ch 328, § 15.
S.D. Codified Laws § 40-35-3 — SD Code / Title 40 / Chapter 35 / Section 40-35-3
Breeding of domesticated animals classified as agricultural pursuit--Functions vested in secretary of agriculture and natural resources
Status: in_force

For the purposes of all classification and administration of the statutes of the State of South Dakota, executive orders, administrative orders, and regulations pertaining to domestic fox, rabbit, mink, chinchilla, karakul, and all other fur - bearing animals raised in captivity for breeding or other useful purposes:

(1) Such animals and the products thereof are agricultural products; and

(2) The breeding, raising, producing, or marketing of such animals or their products by the producer is considered an agricultural pursuit.

All the functions of the Department of Game, Fish and Parks which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestically raised fur - bearing animals, or products thereof, are hereby transferred to and vested in the secretary of agriculture and natural resources.

Source: SL 1957, ch 114; SDC Supp 1960, § 4.0126; SL 1983, ch 293, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-28-24 — SD Code / Title 40 / Chapter 28 / Section 40-28-24
Judgment against plaintiff when no damage sustained
Status: in_force

If it shall appear upon the trial of an action under the provisions of this chapter that no damage was sustained, judgment shall be rendered against the plaintiff for cost of suit and damage sustained by defendant.

Source: CCivP 1877, § 751; CL 1887, § 5573; RCCivP 1903, § 821; SL 1907, ch 244, § 5; RC 1919, § 2925; SDC 1939 & Supp 1960, § 37.2406.
S.D. Codified Laws § 40-23-6 — SD Code / Title 40 / Chapter 23 / Section 40-23-6
Power to lease, acquire, and dispose of land
Status: in_force

Each association organized under this chapter shall have the power to lease or acquire, by purchase or otherwise, lands for grazing purposes or for raising forage crops and to dispose of such lands purchased by trade, sale, or otherwise.

Source: SDC 1939, § 40.1803 (1).
S.D. Codified Laws § 40-28-9 — SD Code / Title 40 / Chapter 28 / Section 40-28-9
Security given by owner for release of trespassing animals held for damages
Status: in_force

The security required by § 40-28-7 shall be in the form of a bond or other undertaking, signed by the owner of the trespassing animal or animals and shall run to the person claiming damages. The bond or other undertaking shall be for twice the amount of damages claimed and in no case less than one hundred dollars.

Source: SL 1917, ch 371; RC 1919, § 2924; SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403; SL 1983, ch 290, § 1.
S.D. Codified Laws § 40-17-7 — SD Code / Title 40 / Chapter 17 / Section 40-17-7
Construction and covering of containers and vehicles used to transport carcasses
Status: in_force

For the purpose of transportation of carcasses pursuant to § 40-17-6 , the carcasses shall be placed in containers or vehicles which are constructed of, or lined with, impervious material, and which do not permit the escape of any liquid and which are covered in such a way that the contents are not accessible to flies or other insects.

Source: SDC 1939, § 40.1104 (1); SL 1990, ch 325, § 310.
S.D. Codified Laws § 40-20-6 — SD Code / Title 40 / Chapter 20 / Section 40-20-6
Ownership inspection not required for transportation or trailing to open market
Status: in_force

Subject to the conditions set forth in §§ 40-20-7 to 40-20-12 , inclusive, if livestock is transported or trailed to a designated inspection point outside the livestock ownership inspection area designated by the board as an open market, no livestock ownership inspection is required at point of origin.

Source: SL 1943, ch 142, § 9; SL 1949, ch 144, § 3; SL 1949, ch 149, § 1; SL 1951, ch 202; SDC Supp 1960, § 40.12A04; SL 1967, ch 164; SL 1988, ch 328, § 49.
S.D. Codified Laws § 40-17-2 — SD Code / Title 40 / Chapter 17 / Section 40-17-2
Application for rendering or pet food processing plant license
Status: in_force

Any person who operates a rendering or pet food processing plant within the State of South Dakota shall file with the Animal Industry Board an application for a license to operate subject to the provisions of this chapter and the rules of the Animal Industry Board.

Source: SDC 1939, § 40.1102; SL 1986, ch 340, § 2; SL 1990, ch 325, § 307.
S.D. Codified Laws § 40-32-20 — SD Code / Title 40 / Chapter 32 / Section 40-32-20
Coloring matter mixed with products unfit for human consumption--Failure to comply as misdemeanor
Status: in_force

The grader or the secretary's authorized representative, who is grading milk or milk products, shall thoroughly mix with any unlawful milk or milk products, as defined under this chapter or the regulations pertaining thereto, a harmless coloring matter as will render such milk or milk products unfit for human consumption. The failure to comply with this section is a Class 2 misdemeanor.

Source: SL 1943, ch 9, § 7; SL 1957, ch 92, § 8; SDC Supp 1960, § 4.1908; SL 1991, ch 186, § 25; SL 1992, ch 289.
S.D. Codified Laws § 40-15-37 — SD Code / Title 40 / Chapter 15 / Section 40-15-37
Disposition of fees--Apportionment between disease emergency fund and inspectors fund
Status: in_force

The license and renewal fees and the inspection fees shall be paid by the livestock auction agency to the Animal Industry Board and by it remitted to the state treasurer within thirty days after receipt. The state treasurer shall issue a receipt for the same to the Animal Industry Board.

The state treasurer shall credit ten percent of the amount received to a fund to be known as the livestock disease emergency fund and shall distribute and apply such fund as provided by law. The remaining ninety percent of the amount received shall be credited to a fund to be known as the livestock auction market inspectors fund, all of which shall be distributed and applied by the Animal Industry Board as compensation to the livestock auction market inspectors on a monthly basis.

Source: SDC 1939, § 40.2008; SL 1955, ch 141, § 2; SL 1970, ch 233, § 3; SL 1990, ch 325, § 273.
S.D. Codified Laws § 40-1-29 — SD Code / Title 40 / Chapter 1 / Section 40-1-29
Investigation procedure
Status: in_force

The board, any peace officer, or any agent or officer of a humane society may administer oaths, take statements, access memoranda, papers, and other documents, articles, and instruments, and may compel the disclosure by witnesses of all facts known to them relative to the matters under investigation pursuant to § 40-1-28 .

Source: SL 1991, ch 331, § 18.
S.D. Codified Laws § 40-31-1 — SD Code / Title 40 / Chapter 31 / Section 40-31-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Association," the American Dairy Association of South Dakota;

(2) "Dealer," any person who buys, sells, manufactures, processes, or ships dairy products or who acts as sales or purchasing agent, broker, or factor of dairy products;

(3) "Person," individuals, corporations, limited liability companies, partnerships, trusts, associations, cooperatives, and any and all other business units;

(4) "Processor," one who converts milk or cream into a manufactured dairy product;

(5) "Producer," every person who produces milk or cream from cows or goats and thereafter sells the same as milk, cream, or other dairy products.

Source: SL 1951, ch 5, § 1; SL 1955, ch 4, § 1; SDC Supp 1960, § 4.2201; SL 1994, ch 351, § 98.
S.D. Codified Laws § 40-15-11 — SD Code / Title 40 / Chapter 15 / Section 40-15-11
Cancellation of auction agency bond by surety--New bond before continuing business
Status: in_force

The bond required by § 40-15-10 may be canceled by the surety thereon by not less than thirty days' prior written notice to the Animal Industry Board and such cancellation does not in any manner affect the liability of the surety as to anything occurring prior thereto. In the event of such cancellation, no further operations may be conducted by the livestock auction agency until a bond or security has been provided, approved, and filed as required in § 40-15-10 .

Source: SDC 1939, § 40.2003; SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170; SL 1990, ch 325, § 247.
S.D. Codified Laws § 40-14-5 — SD Code / Title 40 / Chapter 14 / Section 40-14-5
Continuing quarantine when imported animals found infected--Treatment
Status: in_force

If upon any examination held pursuant to § 40-14-4 it is found that any animal is or has been affected, infected, or exposed to any contagious, infectious, epidemic, or communicable disease or to infestation by destructive parasite that is dangerous or detrimental to the health of the livestock of this state, such animal shall be held in quarantine until released by the Animal Industry Board. Any animal so found to be affected, infected, infested, or exposed to any such disease or parasites that is amenable to treatment, shall be treated according to instructions of such board.

Source: SDC 1939, § 40.0301; SL 1950 (SS), ch 7, § 1; SL 1977, ch 190, § 485; SL 1990, ch 325, § 229.
S.D. Codified Laws § 40-15-1.1 — SD Code / Title 40 / Chapter 15 / Section 40-15-1.1
Buying stations subject to chapter
Status: in_force

The term, livestock buying station, refers to any person who buys, sells, or solicits livestock for the purpose of resale within the State of South Dakota, whether such livestock are raised in the state or brought into South Dakota from another state. However, any person who sells only livestock which he has produced and raised in South Dakota and such agencies that buy or sell livestock for slaughter only and those bonded dealers whose business is buying and selling livestock so far as the buying or selling is conducted at licensed and South Dakota inspected markets, are not livestock buying stations.

Source: SL 1970, ch 232, § 2; SL 1990, ch 325, § 236.
S.D. Codified Laws § 40-31-12 — SD Code / Title 40 / Chapter 31 / Section 40-31-12
Record of milk handled by dealers and producers--Form--Report--Preservation--Inspection
Status: in_force

All dealers and producers charged under this chapter with the obligation of collecting and remitting the assessment imposed by this chapter shall keep a complete and accurate record of all milk subject to assessments by this chapter which may be handled. The record shall be in such form and contain such information and be reported to the South Dakota Department of Agriculture and Natural Resources at such times as the American Dairy Association may prescribe. The record shall be preserved by the person charged with keeping the record for a period of two years. The record is subject to inspection by the South Dakota Department of Agriculture and Natural Resources.

Source: SL 1951, ch 5, § 6; SL 1955, ch 4, § 6; SL 1957, ch 5, § 2; SDC Supp 1960, § 4.2206; SL 1971, ch 227, § 2; SL 2004, ch 260, § 5; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-28-11 — SD Code / Title 40 / Chapter 28 / Section 40-28-11
Notice to sheriff when livestock owner fails to take up trespassing animals--Sheriff to take possession and care for animals
Status: in_force

If the owner or person who formerly had the animals in charge is unknown, or if he neglects or refuses for three days after receiving notice as provided in § 40-28-8 to take up the animals or to furnish the bond provided for in § 40-28-9 , then the person restraining the animals may, instead of retaining them in his own custody, notify the sheriff of the county in which the animals were taken. It is the duty of the sheriff, within three days after receiving notice, to take the offending animals into his possession and to handle them in the same manner as estray animals under the provisions of chapter 40-29 .

Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403; SL 1983, ch 290, § 3.
S.D. Codified Laws § 40-34-12 — SD Code / Title 40 / Chapter 34 / Section 40-34-12
Destruction by owner or tenant of dog harming big game
Status: in_force

A landowner or tenant may destroy any dog that pursues, injures, or kills any big game animal on lands owned or controlled by that owner or tenant without incurring any liability.

Source: SL 1983, ch 291, § 2.
S.D. Codified Laws § 40-15-28 — SD Code / Title 40 / Chapter 15 / Section 40-15-28
Records open to inspection--Preservation--Copies furnished
Status: in_force

The records required by § 40-15-27 shall be open for inspection at any reasonable time to any person interested as prescribed by the Animal Industry Board in rules promulgated pursuant to chapter 1-26 to fulfill the intent of this chapter. Every livestock auction agency shall keep and preserve all records for at least three years and shall furnish copies thereof to peace officers without charge and to any other person upon payment of reasonable charge for making such copy.

Source: SDC 1939, § 40.2004; SL 1990, ch 325, § 263; SL 2013, ch 202, § 144.
S.D. Codified Laws § 40-15-20 — SD Code / Title 40 / Chapter 15 / Section 40-15-20
Inspection of livestock by veterinarian--Compensation from fees collected
Status: in_force

The veterinarian employed pursuant to § 40-15-19 shall inspect and examine all livestock handled on the premises to determine evidence of disease. The veterinarian so employed shall be paid by the Animal Industry Board with ninety percent of the fees collected for such inspection, as provided in § 40-15-37 .

Source: SDC 1939, § 40.2007; SL 1945, ch 173; SL 1957, ch 203, § 3; SL 1970, ch 233, § 2; SL 1990, ch 325, § 255.
S.D. Codified Laws § 40-3-14 — SD Code / Title 40 / Chapter 3 / Section 40-3-14
Orders of board--Promulgation of rules
Status: in_force

The Animal Industry Board may make all such orders for the execution of the powers conferred upon it and the performance of its duties, to effectuate, enforce, and carry out promptly and efficiently the provisions of the statutes relating to its duties, powers, and jurisdiction. The board may likewise amend or repeal all such orders. The board may promulgate rules pursuant to chapter 1-26 concerning:

(1) The definition of items used to administer this chapter;

(2) Declaratory rulings;

(3) The control and eradication of livestock diseases and parasites;

(4) The regulation of bovine tuberculosis;

(5) The regulation of the importation of animals;

(6) The regulation and licensure of livestock auctions and stockyards;

(7) The regulation and licensure of livestock dealers;

(8) The setting of livestock inspection fees;

(9) The regulation and licensure of rendering establishments and pet food processing plants;

(10) The establishment of swine identification and maintenance of records;

(11) The regulation of livestock exhibits;

(12) The use of federal methods and rules for meat inspection;

(13) The regulation of refrigerated locker plants; and

(14) The regulation of nondomestic animals.

However, the board shall exercise its regulatory and quarantine powers in a manner that affects the minimum geographical area reasonably necessary to control or eradicate disease.

Source: SDC 1939, § 40.0103; SL 1945, ch 170; SL 1981, ch 290; SL 1986, ch 326, § 83; SL 1990, ch 325, § 15; SL 2012, ch 199, § 2; SL 2013, ch 202, § 145.
S.D. Codified Laws § 40-15-36 — SD Code / Title 40 / Chapter 15 / Section 40-15-36
Enforcement of chapter--Orders, rules, and regulations--Publication and posting
Status: in_force

The Animal Industry Board shall enforce the provisions of this chapter and may promulgate rules pursuant to chapter 1-26 concerning:

(1) The licensure of livestock auction agencies;

(2) The requirements for facilities;

(3) The handling of any animal found to be affected with any infectious, contagious, or transmissible disease;

(4) The requirements for inspecting, examining, and testing of livestock passing through a livestock auction agency;

(5) The reporting and record keeping requirements for livestock auction agencies; and

(6) Procedures for the consideration, processing, and payment of claims from bond proceeds and, if a livestock auction agency's license is relinquished, revoked or suspended, procedures for the collection of deposit items, processing of claims to the funds, and payment of valid claims in accordance with §§ 40-15-10 and 40-15-32.2 .

Such rules shall be sent to each licensed auction agency, there to be posted by such agency plainly, visibly, and conspicuously, and with the license on the premises so as to be available to any person using the service of such agency.

Source: SDC 1939, § 40.2010; SL 1986, ch 326, § 88; SL 1990, ch 325, § 272; SL 2002, ch 191, § 4.
S.D. Codified Laws § 40-37-8 — SD Code / Title 40 / Chapter 37 / Section 40-37-8
Election of directors--Voting--Terms of office
Status: in_force

Each director shall be elected at the district meeting for a term of three years. No more than three directors shall be elected annually. Each sole resident owner of livestock, whether an individual, corporation, or partnership shall be entitled to one vote at the district meeting. All vacancies on the district board shall be filled for unexpired terms by the other directors in office. All members so elected shall hold their offices until their successors have been elected and qualified.

Source: SL 1974, ch 275, § 4; SL 1978, ch 289, § 2; SL 1979, ch 272, § 7.
S.D. Codified Laws § 40-15A-6 — SD Code / Title 40 / Chapter 15A / Section 40-15A-6
Time and place for hearing on application--Notice to livestock associations
Status: in_force

Whenever an applicant has made proper application and paid the prescribed fee, the Animal Industry Board may fix a reasonable time and place for hearing thereon. The board may cause a copy of such application, together with notice of time and place of hearing thereon, to be served by mail not less than fifteen days prior to such hearing upon all statewide livestock associations in the state who have filed written notice with the Animal Industry Board of a request to receive notice of such hearings and such other livestock associations, as in the opinion of the secretary of the board, would be interested in such application.

Source: SL 1972, ch 221, § 5; SL 1990, ch 325, § 281.
S.D. Codified Laws § 40-27-14 — SD Code / Title 40 / Chapter 27 / Section 40-27-14
Priority of vaccination lien if filed within twenty days
Status: in_force

A lien under § 40-27-12 shall have priority over all conveyances and encumbrances upon said livestock if filed within twenty days from the day on which said vaccination was completed.

Source: SDC 1939, § 39.1403.
S.D. Codified Laws § 40-1-5 — SD Code / Title 40 / Chapter 1 / Section 40-1-5
Impoundment of neglected, abandoned, mistreated, or cruelly treated animal--Expenses of care as lien--Warrant or court order
Status: in_force

Any law enforcement officer, agent of the board, or agent or officer of any humane society finding an animal neglected, abandoned, mistreated, or subjected to cruelty, may, pursuant to a warrant or court order, cause the animal to be impounded and properly cared for, and the expenses of such impoundment or care constitute a lien on the animal to be paid before the animal may be lawfully recovered. However, a warrant or court order is not necessary for law enforcement officers if the animal is severely injured, severely diseased, or suffering and any delay in impounding the animal would continue to cause the animal extreme suffering or if other exigent circumstances exist. If any animal is impounded or subjected to other action under this section without a warrant or court order, the officer shall subsequently show cause for the impoundment or other action to the court, and the court shall issue an order ratifying the impoundment or action; or, if sufficient cause for the impoundment or action is not shown, the court shall order the return of the animal to the owner or other appropriate remedy.

Source: SDC 1939, § 40.2202; SL 1991, ch 331, § 15; SL 2006, ch 211, § 8; SL 2014, ch 194, § 7.
S.D. Codified Laws § 40-15A-8.2 — SD Code / Title 40 / Chapter 15A / Section 40-15A-8.2
Records required to be kept by licensees
Status: in_force

The Animal Industry Board may, by rule, require any person licensed pursuant to this chapter to maintain adequate records of all livestock transactions to enable the board to follow the movement of diseased livestock. The licensee shall maintain such records for a period of two years after the transaction and shall make such records available to the board on request.

Source: SL 1982, ch 283, § 3; SL 1990, ch 325, § 285.
S.D. Codified Laws § 40-28-5 — SD Code / Title 40 / Chapter 28 / Section 40-28-5
Trespass liability not applicable to unfenced lands within national forests
Status: in_force

No person is liable for damages caused by buffalo, horses, cattle, mules, goats, or sheep owned by the person, that trespass upon lands within the exterior boundaries of the Black Hills and Harney National Forests, if the lands were not at the time of the trespass enclosed by a legal fence, as defined in §§ 43-23-3 and 43-23-4 .

Source: SL 1933, ch 6; SDC 1939 & Supp 1960, § 37.2401; SL 2001, ch 224, § 2.
S.D. Codified Laws § 40-21-16 — SD Code / Title 40 / Chapter 21 / Section 40-21-16
Separate fund for sale proceeds of undetermined ownership held by board--Period for which held--Payment to owner on proof of ownership
Status: in_force

Any funds held by the board from the sale of livestock of undetermined ownership shall be placed into a separate interest bearing fund. Such funds shall be kept for a period of time not to exceed one year. If proof of ownership is made, satisfactory to the board within one year, all proceeds less authorized deductions shall be paid to the owner.

Source: SL 1943, ch 142, § 11; SL 1949, ch 144, § 4; SDC Supp 1960, § 40.12A06; SL 1967, ch 165; SL 1988, ch 328, § 91.
S.D. Codified Laws § 40-5-7 — SD Code / Title 40 / Chapter 5 / Section 40-5-7
Contagious disease of any animal to be reported to board
Status: in_force

Any person who discovers, suspects, or has reason to believe that any animal is affected with, or has been exposed to, any contagious, infectious, epidemic, or communicable disease, shall promptly report to the Animal Industry Board. The board may keep such reports confidential, except for those reports concerning diseases that are specifically regulated for mandatory control and eradication to protect the public health, other livestock, or wildlife.

Source: SDC 1939, § 40.0107; SL 1982, ch 282, § 2; SL 1990, ch 325, § 34; SL 1997, ch 229, § 1.
S.D. Codified Laws § 40-15A-8 — SD Code / Title 40 / Chapter 15A / Section 40-15A-8
Facilities provided by dealer--Unloading and inspection of livestock
Status: in_force

Each livestock dealer shall provide facilities where all stocker and feeder livestock purchased or consignments of such dealer shall be unloaded and inspected by a licensed, accredited veterinarian, within forty - eight hours after arrival, before being sold or moved. Each livestock dealer shall provide adequate facilities as determined by the Animal Industry Board.

Source: SL 1972, ch 221, § 11; SL 1990, ch 325, § 283.
S.D. Codified Laws § 40-18-12 — SD Code / Title 40 / Chapter 18 / Section 40-18-12
Seal of board
Status: in_force

The board shall adopt a seal which shall contain among other things the words: "South Dakota State Brand Board." Brand certificates and any other official certificates and documents of the board shall bear the seal of the board.

Source: SDC 1939, § 40.1202; SL 1988, ch 328, § 14.
S.D. Codified Laws § 40-20-26.1 — SD Code / Title 40 / Chapter 20 / Section 40-20-26.1
Sale or transfer of ownership--Required inspection--Penalty
Status: in_force

It is a Class 2 misdemeanor for any person to sell or to transfer ownership of any livestock within the livestock ownership inspection area without obtaining an ownership inspection, except as provided in § 40-20-26 .

Source: SL 1972, ch 218; SL 1977, ch 190, § 514; SL 1980, ch 276; SL 1984, ch 269, § 24; SL 1991, ch 335, § 6; SL 1992, ch 288, § 10; SL 2024, ch 170, § 5.
S.D. Codified Laws § 40-21-17 — SD Code / Title 40 / Chapter 21 / Section 40-21-17
Sale proceeds of undetermined ownership escheat to board--Deposit in ownership inspection and theft prevention fund when ownership not established
Status: in_force

If the ownership of any livestock sold pursuant to § 40-21-12 is not established within a one - year period, the net sale proceeds escheat to the board, and the board shall deposit the proceeds in the South Dakota livestock ownership inspection and theft prevention fund, provided for in § 40-21-9 .

Source: SL 1943, ch 142, § 11; SL 1949, ch 144, § 4; SDC Supp 1960, § 40.12A06; SL 1967, ch 165; SL 1988, ch 328, § 92.
S.D. Codified Laws § 40-15A-11 — SD Code / Title 40 / Chapter 15A / Section 40-15A-11
Suspension in lieu of revocation of license--Administrative procedure law governs
Status: in_force

If the Animal Industry Board finds that any livestock dealer, packer, or packer buyer has violated the provisions of § 40-15A-10 , the board may, by order, in lieu of revocation, suspend the license of such offender for a period not to exceed one year. Actions of the board relating to licensing hereunder shall be governed and appeals taken therefrom as provided by chapter 1-26 .

Source: SL 1972, ch 221, § 9; SL 1975, ch 259, § 5; SL 1990, ch 325, § 288.
S.D. Codified Laws § 40-32-10.2 — SD Code / Title 40 / Chapter 32 / Section 40-32-10.2
Issuance of producer's permit--Compliance with rules and regulations
Status: in_force

All milk plants shall submit to the secretary of agriculture and natural resources a list of all such producers who are currently doing business with them and supply the secretary with sufficient information upon which he shall issue a permit, providing that the secretary shall have the discretion to refuse a permit if he deems the producer is not producing a quality product; and further, providing that when the secretary has adopted necessary rules and regulations and on proper notice to the producer the producer shall have thirty days within which to comply; and further providing that the producer shall not be in violation until such time that the secretary has adopted necessary rules and regulations and the producer has been afforded his rights under chapter 1-26 .

Source: SDC 1939, § 4.1903 as added by SL 1969, ch 8, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-3-23 — SD Code / Title 40 / Chapter 3 / Section 40-3-23
Definitions
Status: in_force

Terms used in this section and in §§ 40-3-24 to 40-3-26 , inclusive, mean:

(1) "Animal," any mammal, bird, reptile, amphibian, or fish, except humans;

(2) "Captive nondomestic animal," any nondomestic animal or hybrid thereof held in man - made confinement or physically altered to limit movement and facilitate capture;

(3) "Domestic animal," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;

(4) "Free - roaming animal," any animal not in captivity, other than a domestic animal; and

(5) "Nondomestic animal," any animal that is not domestic.

Source: SL 1993, ch 311, § 1.
S.D. Codified Laws § 40-1-2.3 — SD Code / Title 40 / Chapter 1 / Section 40-1-2.3
Neglect, abandonment, or mistreatment of animal--Exception--Penalty
Status: in_force

No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal, except that any person may abandon a feral cat for which the person assumed responsibility with the sole purpose of spaying or neutering the cat. A violation of this section is a Class 1 misdemeanor.

Source: SL 1991, ch 331, § 3; SL 2014, ch 194, § 3; SL 2024, ch 169, § 1.
S.D. Codified Laws § 40-31-2.2 — SD Code / Title 40 / Chapter 31 / Section 40-31-2.2
Cooperative agreements to fund or conduct dairy promotion efforts
Status: in_force

The secretary of agriculture and natural resources may enter agreements to fund or conduct dairy promotion efforts in cooperation with regional and national dairy promotion programs, on behalf of the American Dairy Association of South Dakota.

Source: SL 2004, ch 260, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-15-6 — SD Code / Title 40 / Chapter 15 / Section 40-15-6
Hearing on application for license--Issuance on finding of conformity
Status: in_force

If after a hearing upon an application for a license to operate a livestock auction agency, at which interested persons may appear in support or opposition thereto, the Animal Industry Board finds from the evidence presented that the physical facilities of such livestock auction agency conforms to the requirements of the rules of the Animal Industry Board and the statutes applicable to such agencies, such license shall be issued to the applicant.

Source: SDC 1939, § 40.2002 as added by SL 1961, ch 204, § 2; SL 1990, ch 325, § 242.
S.D. Codified Laws § 40-23-3 — SD Code / Title 40 / Chapter 23 / Section 40-23-3
Execution and contents of articles of incorporation
Status: in_force

The articles of incorporation of a cooperative grazing district shall be signed, sealed, and acknowledged in the form now provided by the statutes of this state for the conveyance of real estate, and shall include the following:

(1) The name of the association;

(2) The purpose for which it is formed;

(3) The county or counties in which such district is located and the principal office or place of business in the state;

(4) The membership fee, which shall in no case be greater than five dollars;

(5) The term for which such association is incorporated, not exceeding forty years;

(6) The names and residences of the persons who subscribed to and acknowledged such articles of incorporation, together with the legal description of the lands owned by them;

(7) Names and residences of those who have subscribed for membership with a description of the lands of each.

Source: SDC 1939, § 40.1802.
S.D. Codified Laws § 40-5-8.4 — SD Code / Title 40 / Chapter 5 / Section 40-5-8.4
Requirements for movement of nondomestic animal into state--Violation as misdemeanor
Status: in_force

No nondomestic animal may be moved into the state unless the animal is determined to be free of contagious or infectious diseases or parasites harmful to the domestic and nondomestic animals native to South Dakota. A violation of this section is a Class 1 misdemeanor.

Source: SL 1989, ch 349, § 4.
S.D. Codified Laws § 40-27-1 — SD Code / Title 40 / Chapter 27 / Section 40-27-1
Agister's lien for service and supplies--Entitled to retain possession
Status: in_force

Any person to whom any domesticated animal shall be entrusted by the owner thereof or pursuant to his authority for the purpose of feeding, herding, pasturing, or ranging shall have a lien thereon for the amount that may be due for such service and supplies except as otherwise provided in § 40-27-2 . Such lien shall entitle the person to retain possession of such domesticated animals until the amount due is paid.

Source: SDC 1939, § 39.1001.
S.D. Codified Laws § 40-34-11 — SD Code / Title 40 / Chapter 34 / Section 40-34-11
Destruction by law enforcement officer of dog harming big game
Status: in_force

A law enforcement officer may destroy any dog found pursuing, injuring, or killing any big game animal on public lands.

Source: SL 1983, ch 291, § 1.
S.D. Codified Laws § 40-32-28 — SD Code / Title 40 / Chapter 32 / Section 40-32-28
Penalty for delinquent payments
Status: in_force

The department shall impose a penalty in addition to the inspection fee that is more than one month delinquent. Such penalty shall be ten percent of the total fee each month or portion of a month.

Source: SL 1988, ch 329, § 5.
S.D. Codified Laws § 40-3-10 — SD Code / Title 40 / Chapter 3 / Section 40-3-10
Poultry under board
Status: in_force

In Title 40, the terms "livestock," "domestic animals," and "nondomestic animal" include poultry, unless a different intention is clearly implied. The term "poultry" includes chickens, turkeys, ducks, geese, and any other game bird raised in captivity, excluding pigeons and doves.

Source: SDC 1939, § 40.0103 as added by SL 1945, ch 170; SL 1990, ch 325, § 11; SL 2025, ch 170, § 3.
S.D. Codified Laws § 40-1-20 — SD Code / Title 40 / Chapter 1 / Section 40-1-20
Intentionally poisoning animal of another--Misdemeanor--Exceptions
Status: in_force

Except as specifically provided for in this chapter, no person may intentionally administer poison to any animal that belongs to another, nor intentionally expose any poisonous substance so that it may be taken by an animal which belongs to another. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prevent animal control activities conducted by municipalities or counties.

Source: SDC 1939, § 13.1428; SL 1977, ch 190, § 452; SL 1991, ch 331, § 31; SL 2014, ch 194, § 16.
S.D. Codified Laws § 40-31-21 — SD Code / Title 40 / Chapter 31 / Section 40-31-21
Expenses paid from and limited by dairy association fund
Status: in_force

No part of the expense incurred by the association shall be paid from any other than the American Dairy Association of South Dakota fund and the expenses incurred by the association shall at no time exceed the amount available in the fund.

Source: SL 1951, ch 5, § 8; SL 1955, ch 4, § 8; SL 1957, ch 5, § 3; SDC Supp 1960, § 4.2208.
S.D. Codified Laws § 40-21-19 — SD Code / Title 40 / Chapter 21 / Section 40-21-19
Delegation of board powers to livestock inspection agency
Status: in_force

The board may delegate the duties, obligations, and powers provided in §§ 40-21-10 to 40-21-17 , inclusive, to any agency contracted with for carrying on livestock inspection under the provisions of § 40-18-10 .

Source: SDC Supp 1960, § 40.12A06 as added by SL 1961, ch 203; SL 1988, ch 328, § 93.
S.D. Codified Laws § 40-3-25 — SD Code / Title 40 / Chapter 3 / Section 40-3-25
Promulgation of rules for bringing nondomestic mammals into state
Status: in_force

The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 to allow to be brought into the state any nondomestic mammals which the board determines would be safe to the public and to the free - roaming animals of the state. Before such rules may be adopted, the Animal Industry Board shall consult with the Game, Fish and Parks Commission.

Source: SL 1993, ch 311, § 3.
S.D. Codified Laws § 40-15-8 — SD Code / Title 40 / Chapter 15 / Section 40-15-8
Annual fee for issuance or renewal of license
Status: in_force

The fee for a license to operate a livestock auction agency shall be one hundred dollars. The license shall be issued for a period of one year and may be renewed from year to year upon the payment of a like sum for each renewal. The fee shall be paid to and license and renewals issued by the Animal Industry Board.

Source: SDC 1939, § 40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, § 1; SL 1957, ch 203, § 1; SL 1961, ch 204, § 2; SL 1990, ch 325, § 244.
S.D. Codified Laws § 40-5-8.6 — SD Code / Title 40 / Chapter 5 / Section 40-5-8.6
Authority to promulgate rules
Status: in_force

The Animal Industry Board may promulgate rules, pursuant to chapter 1-26 , governing actions or conditions that may be taken, required, or regulated, in regard to any contagious, infectious, epidemic, communicable, or transmissible disease or disorder in or transmissible to livestock, including, but not limited to, quarantine, testing, inspection, regulation of transactions, seizure or destruction of animals, transportation or introduction of animals into the state, and other control measures.

Source: SL 1989, ch 349, § 8; SL 1990, ch 325, § 39; SL 1998, ch 250, § 1.
S.D. Codified Laws § 40-21-3.1 — SD Code / Title 40 / Chapter 21 / Section 40-21-3.1
Transporting cattle, horses, mules, sheep, buffalo, or carcasses without owner's permit prohibited--Contents of permit--Written statement in lieu of permit--Violation as misdemeanor
Status: in_force

No person may transport cattle, horses, mules, sheep, or buffalo or the carcasses thereof on any public highway in this state or over any land of which he is not the owner or tenant, without the written permission of the owner of the cattle, horses, mules, sheep, and buffalo or carcasses. Such permit shall contain: the name of the owner of the shipment; the ages, sexes, brands thereon, if any; the date of transportation, the points of origin and destination of the shipment; and the person to whom it is consigned. In lieu of the permit, any person who is transporting such cattle, horses, mules, sheep, and buffalo or carcasses may make a written statement which shall contain the information described herein. Violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, § 13.3812; SDCL, § 22-37-15; SL 1976, ch 158, § 37-1 ; SL 1981, ch 293, § 1; SL 1988, ch 328, § 75.
S.D. Codified Laws § 40-20-30 — SD Code / Title 40 / Chapter 20 / Section 40-20-30
Injunction to restrain violation of this chapter or chapter40-21
Status: in_force

The board may apply for an injunction in any court of competent jurisdiction to restrain any violation of this chapter or chapter 40-21 .

Source: SDC Supp 1960, § 40.12A10 as enacted by SL 1968, ch 156, § 2; SL 1988, ch 328, § 69.
S.D. Codified Laws § 40-36-3 — SD Code / Title 40 / Chapter 36 / Section 40-36-3
Department of Agriculture and Natural Resources cooperative agreements for control of injurious wild animals
Status: in_force

The Department of Agriculture and Natural Resources may enter into cooperative agreements with other governmental agencies, counties, associations, corporations, or individuals if such cooperation is necessary to promote the control and disposition of animals pursuant to § 40-36-1 .

Source: SL 1943, ch 99, § 1; SDC Supp 1960, § 4.0111; SL 1978, ch 288, § 3; SL 1983, ch 292, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-35-2 — SD Code / Title 40 / Chapter 35 / Section 40-35-2
Private ownership of domesticated animals
Status: in_force

Domesticated fur - bearing animals are the subject of private ownership, the title to the same being in the person breeding or purchasing the same.

Source: SDC 1939, § 25.0806.
S.D. Codified Laws § 40-5-15 — SD Code / Title 40 / Chapter 5 / Section 40-5-15
Disposal of carcasses subject to board order
Status: in_force

The Animal Industry Board may require any owner, caretaker, or custodian of animals that have died from any cause, to dispose of the carcasses in such manner as the board may order, rule, or prescribe. The disposal of such carcasses shall be at the owner's expense.

Source: SDC 1939, § 40.0110; SL 1939, ch 149, § 2; SL 1947, ch 177; SL 1990, ch 325, § 46.
S.D. Codified Laws § 40-34-10 — SD Code / Title 40 / Chapter 34 / Section 40-34-10
Sources of funds for animal control program
Status: in_force

In funding the program and purposes of § 40-34-9 , the board of county commissioners may use such funds as it may derive from the taxes and licenses provided by § 40-34-5 or its general fund.

Source: SL 1975, ch 100, § 3.
S.D. Codified Laws § 40-1-28 — SD Code / Title 40 / Chapter 1 / Section 40-1-28
Inspection of premises authorized
Status: in_force

The board, any peace officer, or any agent or officer of a humane society may enter and inspect any premises necessary to carry out the provisions of this chapter.

Source: SL 1991, ch 331, § 17.
S.D. Codified Laws § 40-36-38 — SD Code / Title 40 / Chapter 36 / Section 40-36-38
Educational campaign for rodent and reptile control
Status: in_force

For the purpose of conducting an educational campaign in the control and extermination of harmful and destructive rodents and poisonous or destructive reptiles, the secretary of game, fish and parks may employ such methods as he may deem advisable.

Source: SDC 1939, § 25.1201; SL 1977, ch 324, § 1.
S.D. Codified Laws § 40-18-1.1 — SD Code / Title 40 / Chapter 18 / Section 40-18-1.1
Board attached to Department of Agriculture and Natural Resources for reporting--Function retained--Appointment of staff director
Status: in_force

The board is attached to the Department of Agriculture and Natural Resources for reporting purposes. It shall retain all its prescribed functions including administrative functions. The board shall appoint a staff director to serve at its pleasure.

Source: SL 1973, ch 2, § 37; SL 1974, ch 3, § 14; SL 1977, ch 321, § 3; SL 1988, ch 328, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-15B-7 — SD Code / Title 40 / Chapter 15B / Section 40-15B-7
Packer to make available daily report of prices paid--Forms--Seller's identity not to be revealed--Penalties for violation
Status: in_force

Any packer shall make available for publication and to the Department of Agriculture and Natural Resources, a daily report setting forth information regarding prices paid for livestock, under each contract in force, in which the packer and a South Dakota resident are parties for the purchase of the livestock by the packer, and which sets a date for delivery more than twenty days after the making of the contract.

The reports shall be completed on forms prepared by the department for comparison with cash market prices for livestock according to procedures required by the department in rules promulgated pursuant to chapter 1-26 . The report may not include information regarding the identity of a seller.

A failure of a packer to report as required by this section is punishable by a civil penalty not to exceed one thousand dollars for each day that a timely or truthful report is not published. The department shall refer to the attorney general any packer or packer's agent who the department believes is in violation of the provisions of §§ 40-15B-1 to 40-15B-8 , inclusive. The attorney general may, upon referral from the department, file an action in circuit court to enforce these provisions.

Source: SL 1999, ch 204, § 7; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-20-18 — SD Code / Title 40 / Chapter 20 / Section 40-20-18
Exhibition of authorization on demand of law enforcement officer--Failure to possess authorization as misdemeanor
Status: in_force

Any person in charge or control of any motor vehicle transporting livestock from any point within the livestock ownership inspection area shall, upon demand of any state law enforcement officer, exhibit to the officer authorization as required pursuant to § 40-20-4 . It is a Class 2 misdemeanor for any person not to be in possession of such authorization if required by the provisions of this section.

Source: SL 1949, ch 149, § 1; SL 1951, ch 202; SL 1955, ch 139, § 2; SDC Supp 1960, § 40.12A04 (3); SL 1967, ch 164; SL 1986, ch 342, § 2; SL 1988, ch 328, § 60; SL 1999, ch 206, § 7.
S.D. Codified Laws § 40-21-9 — SD Code / Title 40 / Chapter 21 / Section 40-21-9
Fees paid into livestock ownership inspection and theft prevention fund--Purposes for which used
Status: in_force

Except as provided by § 40-21-8 , all fees collected by the board shall be deposited in the state treasury in a fund to be known as the South Dakota livestock ownership inspection and theft prevention fund. The moneys in the fund shall be used by the board only in the administration and enforcement of this chapter and chapter 40-20 .

Source: SL 1943, ch 142, § 10; SL 1945, ch 172, § 3; SDC Supp 1960, § 40.12A05; SL 1963, ch 240; SL 1988, ch 328, § 85.
S.D. Codified Laws § 40-28-22 — SD Code / Title 40 / Chapter 28 / Section 40-28-22
Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays
Status: in_force

If upon the trial of an action brought under § 40-28-18 it appears that the defendant is not the owner or person in charge of such offending animal or animals, the action shall be dismissed, and such animal or animals shall be held and considered as estrays and the person claiming damage shall be governed by the provisions of this code relating to estrays.

Source: CCivP 1877, § 752; SL 1885 (Spec. Laws), ch 17, § 10; CL 1887, § 5574; RCCivP 1903, §§ 822, 835; SL 1907, ch 244, § 6; SL 1917, ch 372, § 1; RC 1919, § 2926; SDC 1939 & Supp 1960, § 37.2405.
S.D. Codified Laws § 40-25-4 — SD Code / Title 40 / Chapter 25 / Section 40-25-4
Amendment of articles by association--Procedure--Filing of amendment
Status: in_force

Any purebred livestock registry association may amend its articles of incorporation by a majority vote of its stockholders at any regular stockholders' meeting or at any special stockholders' meeting called for that purpose upon thirty days' written notice to the stockholders, a copy of such notice to be mailed separately to each stockholder at his last known address or to be published in a newspaper located nearest to the principal place of business of such association for at least two weeks next preceding the time of holding such meeting, which notice shall state the time and place of the meeting and the amendment or amendments to be proposed. Any amendment to the articles of incorporation may be made which could have been made as a provision of the original articles. Within thirty days after the adoption of the amendment to its articles of incorporation the association shall cause a copy of such amendment, properly certified by the presiding officer and secretary of the meeting at which such amendment was made, to be recorded in the Office of the Secretary of State and any amendment so adopted and recorded shall be a part of the Constitution and bylaws of the association.

Source: SDC 1939, § 40.1603.
S.D. Codified Laws § 40-31-27 — SD Code / Title 40 / Chapter 31 / Section 40-31-27
Copies of records as prima facie evidence
Status: in_force

Copies of the proceedings, records, and accounts of the association, when certified by its secretary, shall be admissible in evidence and shall be prima facie evidence of the truth of all statements therein contained.

Source: SL 1951, ch 5, § 2; SL 1955, ch 4, § 2; SDC Supp 1960, § 4.2202.
S.D. Codified Laws § 40-23-13 — SD Code / Title 40 / Chapter 23 / Section 40-23-13
Voting by members
Status: in_force

Each member of a cooperative grazing district shall have but one vote. Voting by proxy shall not be allowed.

Source: SDC 1939, § 40.1804.
S.D. Codified Laws § 40-15-5 — SD Code / Title 40 / Chapter 15 / Section 40-15-5
Publication and public notice of application for license
Status: in_force

The Animal Industry Board shall give further notice of a hearing on an application for a license to operate a livestock auction agency by publication of the notice thereof once in a daily or weekly newspaper circulated in the municipality where such applicant intends to conduct a livestock auction agency, and such other notice as the board deems necessary to give public notice of such time and place of hearing to persons interested therein.

Source: SDC 1939, § 40.2002 as added by SL 1961, ch 204, § 2; SL 1990, ch 325, § 241; SL 1992, ch 60, § 2.
S.D. Codified Laws § 40-1-14 — SD Code / Title 40 / Chapter 1 / Section 40-1-14
Corporate responsibility for knowledge and acts of agents
Status: in_force

For the purposes of §§ 40-1-1 to 40-1-17 , inclusive, knowledge and acts of agents of, and persons employed by, any corporation in regard to animals transported, owned, or employed by or in custody of such corporation, shall be held to be the knowledge and acts of such corporation as well as such agents or employees.

Source: SDC 1939, § 40.2201 (4).
S.D. Codified Laws § 40-2-1 — SD Code / Title 40 / Chapter 2 / Section 40-2-1
Incorporation of society--Number of incorporators--Authorization by county to exercise statutory privileges and authority
Status: in_force

Any three or more citizens of this state organized pursuant to chapter 47-22 as a nonprofit corporation in this state, for the purpose of preventing cruelty to animals, may avail themselves of the privileges of this chapter through an animal control officer subject to the limitations in §§ 40-2-6 and 40-2-7 . The board of county commissioners in each county may grant authority to exercise the privileges and authority granted by this section to one or more qualified nonprofit corporations for a period of up to three years based upon ability to fulfill the purposes of this chapter.

Source: SDC 1939, § 40.2203; SL 2006, ch 211, § 1; SL 2014, ch 194, § 22.
S.D. Codified Laws § 40-20-7.1 — SD Code / Title 40 / Chapter 20 / Section 40-20-7.1
Reinspection required of livestock unloaded anywhere other than market of origin
Status: in_force

A market clearance is valid for transporting livestock out of the ownership inspection area only if the transportation originates at the market where the livestock were inspected. If the livestock are unloaded or held at any other location other than the market of origin, they shall be reinspected for ownership immediately prior to further transportation.

Source: SL 1990, ch 328, § 1.
S.D. Codified Laws § 40-17-3 — SD Code / Title 40 / Chapter 17 / Section 40-17-3
Inspection of equipment, vehicles and place of business on application for license
Status: in_force

Upon the receipt of an application pursuant to § 40-17-2 , the Animal Industry Board shall inspect any establishment for which license is requested, including its equipment, vehicles, and manner of the conduct of its business with reference and due regard to the dangers of disease transmission and dissemination.

Source: SDC 1939, § 40.1103; SL 1990, ch 325, § 308.
S.D. Codified Laws § 40-25-9 — SD Code / Title 40 / Chapter 25 / Section 40-25-9
Directors to manage affairs of association--Terms of office
Status: in_force

A purebred livestock registry association shall be managed by a board of not less than six nor more than fifteen directors to be elected by and from the stockholders of the association at such time and for such terms as the said bylaws may prescribe and to hold office for the time for which they are elected and said bylaws shall provide for the election of one - third of the said directors for succeeding terms in annual, biennial, triennial succession so that the board of directors may operate as a continuing body or board. All directors shall hold office until their successors are elected and have entered upon the discharge of their duties.

Source: SDC 1939, § 40.1608.
S.D. Codified Laws § 40-23-12 — SD Code / Title 40 / Chapter 23 / Section 40-23-12
Right to membership in district--Compliance with requirements
Status: in_force

Any person, partnership, limited liability company, association, corporation, or legally authorized agent of either thereof, owning or leasing forage producing land within or contiguous to the boundaries of the cooperative grazing district or proposed district may become a member upon payment of the membership fee, and complying with the bylaws, and complying with the regulations and limitations determined by the board of directors and by the terms of the lease of leased land within the area.

Source: SDC 1939, § 40.1804; SL 1994, ch 351, § 96.
S.D. Codified Laws § 40-21-22.1 — SD Code / Title 40 / Chapter 21 / Section 40-21-22.1
Removal of livestock before ownership inspection prohibited--Violation as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person bringing livestock to a licensed livestock auction for the purpose of sale, or any person on such person's behalf, to remove the livestock from the market, if a hold has been placed on the livestock pursuant to § 40-21-12 , until evidence of ownership is furnished to the inspector or arrangements suitable to the board have been made.

Source: SL 1991, ch 335, § 5.
S.D. Codified Laws § 40-19-21 — SD Code / Title 40 / Chapter 19 / Section 40-19-21
Unlawful use of brand as misdemeanor
Status: in_force

Any person who uses a brand upon cattle, horses, mules, sheep, or buffalo which has been canceled, continues to use a brand upon cattle, horses, mules, sheep, or buffalo after it has been rejected, or uses any recordable brand upon cattle, horses, mules, sheep, or buffalo without first registering it is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 40.9912; SL 1967, ch 169; SL 1977, ch 190, § 506; SL 1984, ch 269, § 8; SL 1988, ch 328, § 38.
S.D. Codified Laws § 40-33-15 — SD Code / Title 40 / Chapter 33 / Section 40-33-15
Action by secretary of agriculture and natural resources on wholesale dealer's bond--Proceeds deposited with secretary--Allowance of claims--Employment of counsel
Status: in_force

In all cases where the liability of the dealer at wholesale exceeds the amount of his bond, or where the amount of the claims does not exceed the amount of the bond, and the claimants so request in writing, the secretary of agriculture and natural resources shall commence an action for the recovery of the amount claimed, and the surety or bondsman upon the bond shall be liable to the extent of the amount recovered, not exceeding the amount of the bond, and when recovered such amount shall be deposited with the secretary, who shall, in the same action, subject to the approval of the court, pass upon and allow or disallow all claims which may be presented to him for payment or apportioned thereunder, and to effect the purposes herein may employ counsel, the expense thereof to be paid out of the amount recovered on the bond.

Source: SL 1955, ch 5, § 5; SDC Supp 1960, § 4.2405; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-32-2 — SD Code / Title 40 / Chapter 32 / Section 40-32-2
Definition of terms
Status: in_force

Terms as used in this chapter, mean:

(1) "Bulk milk pick-up tanker," any vehicle, including the truck, tank, and those appurtenances necessary for the tank's use, used by a bulk milk hauler or sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station, or transfer station;

(2) "Dairy farm," any place or premise where one or more cows, sheep, or goats are kept and from which a part or all of the milk or milk products are produced and sold, or offered for sale to a milk plant;

(3) "Dairy fieldman," a person employed by the milk plant to determine if a producer is maintaining satisfactory production requirements in accordance with this chapter and the rules promulgated pursuant to this chapter;

(4) "Department," the Department of Agriculture and Natural Resources;

(5) "Grade A," any milk or milk product that complies with the standards set forth in any rules promulgated pursuant to § 39-6-9 ;

(6) "Manufacturing grade milk," any milk or milk product that is produced for processing and manufacturing into products for human consumption in accordance with the standards set by rules promulgated pursuant to the authority granted in §§ 39-6-9 and 40-32-18 and that is not subject to the requirements of Grade A milk or raw milk for human consumption;

(7) "Marketing organization," an entity established for the purpose of procuring farm produced milk and offering for sale that milk to a milk plant, receiving station, or transfer station;

(8) "Milk distributor," any person who purchases milk or any milk product and transports the milk or milk product to a retail dealer or a consumer;

(9) "Milk plant," any place where milk or a milk product is delivered or processed for commercial purposes;

(10) "Milk product," any product formulated by the addition of milk or a product derived from more than fifty percent milk if the milk or the product derived from more than fifty percent milk is greater than fifty percent of the product by weight or volume;

(11) "Milk transport tank," any vehicle, including the truck and tank, used by a bulk milk hauler or sampler to transport bulk shipments of milk and any milk product, from a milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station;

(12) "Pasteurization," the process of heating every particle of milk or milk product in properly designed and operated equipment, to one of the temperatures given in the following table and held continuously at or above that temperature for at least the corresponding specified time:

Temperature

Time

*145  F (63  C)

30 minutes

*161  F (72  C)

15 seconds

191  F (89  C)

1 second

194  F (90  C)

0.5 second

201  F (94  C)

0.1 second

204  F (96  C)

0.05 second

212  F (100  C)

0.01 second

* If the fat content of the milk product is ten percent or more, or if it contains added sweeteners, the specified temperature shall be increased by 5  F (3  C). However, eggnog shall be heated to at least the following temperature and time specifications:

Temperature

Time

155  F (69  C)

30 minutes

175  F (80  C)

25 seconds

180  F (83  C)

15 seconds

Nothing in this definition bars any other pasteurization process which has been recognized by the Food and Drug Administration to be equally efficient and which is approved by the regulatory agency;

(13) "Pasteurization unit," a unit of equipment that pasteurizes milk and milk products that meets the 3-A accepted practices for the sanitary construction, installation, testing, and operation of a pasteurizer;

(14) "Producer," any person who operates a dairy farm and provides, sells, or offers milk or raw milk for human consumption for sale;

(15) "Receiving station," any place, premise, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting;

(16) "Secretary," the secretary of agriculture and natural resources;

(17) "Single-service article fabricating plant," any plant manufacturing single-service articles expected to be in contact with Grade A milk and milk products;

(18) "Transfer station," any place, premise, or establishment where milk or milk products are transferred directly from one milk tank truck to another.

Source: SDC 1939, § 4.1902; SL 1941, ch 4; SL 1943, ch 9, § 1; SL 1945, ch 14; SL 1951, ch 111, § 1; SL 1953, ch 8; SL 1957, ch 92, § 2; SL 1969, ch 8, § 1; SL 1980, ch 280, § 1; SL 1987, ch 299, § 1; SL 1988, ch 329, § 1; SL 2009, ch 205, § 1; SL 2010, ch 205, § 12; SL 2015, ch 207, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-32-10.5 — SD Code / Title 40 / Chapter 32 / Section 40-32-10.5
Revocation of producer's permit--Hearing required--Suspension prior to hearing
Status: in_force

A producer's permit may be revoked by the secretary of agriculture and natural resources for due cause after the holder of a permit has been given the opportunity for a hearing before the secretary. The secretary shall, upon the request of the holder of a permit, fix the time and place for such hearing. No permit shall be revoked prior to the hearing herein provided, but a permit may be suspended prior to such time and said suspension shall be in full force and effect until the hearing at which time the secretary shall make his final determination.

Source: SDC Supp 1960, § 4.1905 as added by SL 1969, ch 8, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-15A-10 — SD Code / Title 40 / Chapter 15A / Section 40-15A-10
Grounds for revocation or refusal of license
Status: in_force

The Animal Industry Board shall revoke or refuse to issue or renew a license if the applicant:

(1) Has not filed or maintained a surety bond in the form and amount required under the provisions of § 40-15A-5 ; or

(2) Has not satisfactorily demonstrated that his current assets exceed his current liabilities; or

(3) Has been found by the board to have failed to pay without reasonable cause obligations incurred in connection with livestock transactions; or

(4) Has violated the livestock laws or rules of this state or the laws of the United States; or

(5) Has made false or misleading statements knowingly made as to the health or physical condition of the animals or practiced fraud or misrepresentation in connection with the buying or receiving of animals or the selling, exchanging, soliciting, or negotiating the sale of livestock or the weighing of such animals; or

(6) Has failed to keep and maintain suitable records, which disclose all purchases and sales of livestock or refused, during reasonable time, to allow the board to inspect and to copy any records relating to his business;

(7) Has been suspended by the order of the secretary of agriculture of the United States Department of Agriculture under provisions of the "Packers and Stockyards Act, 1921," adopted August 15, 1921, as amended and codified at 7 U.S.C. Chapter 9; or

(8) Has failed to comply with any lawful order of the board.

Source: SL 1972, ch 221, § 8; SL 1990, ch 325, § 287.
S.D. Codified Laws § 40-33-10 — SD Code / Title 40 / Chapter 33 / Section 40-33-10
Complaint to secretary of damage from breach of bond conditions
Status: in_force

Any person claiming himself to be damaged by any breach of the conditions of a bond given by a dealer at wholesale, as provided in § 40-33-7 , may enter complaint thereof to the secretary of agriculture and natural resources, which complaint shall be a written statement of the facts constituting the complaint.

Source: SL 1955, ch 5, § 5; SDC Supp 1960, § 4.2405; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-23-20 — SD Code / Title 40 / Chapter 23 / Section 40-23-20
Grazing permits to nonmembers
Status: in_force

The directors shall have power to grant to nonmembers grazing permits within such districts when the amount of forage within the district is greater than the need of the members, but no such permits shall be granted when such use shall be inconsistent with the terms of leases of county, state, or federal land within the district or with a safe policy of forage conservation within such district.

Source: SDC 1939, § 40.1806 (4).
S.D. Codified Laws § 40-33-5 — SD Code / Title 40 / Chapter 33 / Section 40-33-5
Cooperatives not deemed dealers at wholesale
Status: in_force

Cooperative associations having not more than forty percent of nonmember patrons shall not be deemed dealers at wholesale within the meaning of this chapter.

Source: SL 1955, ch 5, § 2; SDC Supp 1960, § 4.2402 (3); SL 1963, ch 9, § 2.
S.D. Codified Laws § 40-21-15 — SD Code / Title 40 / Chapter 21 / Section 40-21-15
Failure of seller to establish ownership--Sale proceeds paid to board--Account of sale
Status: in_force

If the seller of an animal sold pursuant to § 40-21-12 fails to establish ownership within sixty days, the board shall order the person who acts as selling agent to pay the net sale proceeds with account of sale of such livestock over to the board. The account of sale shall be prepared by the selling agency in duplicate showing the brand on the animal, the name and address of the shipper, the point of origin, and date of consignment.

Source: SL 1943, ch 142, § 11; SL 1949, ch 144, § 4; SDC Supp 1960, § 40.12A06; SL 1967, ch 165; SL 1988, ch 328, § 90.
S.D. Codified Laws § 40-23-23 — SD Code / Title 40 / Chapter 23 / Section 40-23-23
Reserves established by directors
Status: in_force

The directors shall have power to set up such reserves as in their judgment may be advisable, after all costs, expenses, rentals, and other legal charges against the association have been provided for.

Source: SDC 1939, § 40.1806 (8).
S.D. Codified Laws § 40-5-14 — SD Code / Title 40 / Chapter 5 / Section 40-5-14
Person with notice of board order not permitted to question publication
Status: in_force

No person having actual notice of any order made by the Animal Industry Board may question the validity of its publication, posting, or service.

Source: SDC 1939, § 40.0502; SL 1990, ch 325, § 45.
S.D. Codified Laws § 40-32-10.1 — SD Code / Title 40 / Chapter 32 / Section 40-32-10.1
Producer's permit required
Status: in_force

A producer engaged in the business of producing milk and offering for sale such milk for purposes other than Grade A milk pursuant to the provisions of chapter 39-6 and before the milk is to be transported from the premises of the producer, shall obtain a permit from the secretary. A producer engaged in the business of producing raw milk for human consumption pursuant to the provisions of chapter 39-6 and before the raw milk is sold directly to the consumer, shall obtain a permit from the secretary.

Source: SDC 1939, § 4.1903 as added by SL 1969, ch 8, § 2; SL 1988, ch 329, § 6; SL 2009, ch 205, § 6; SL 2010, ch 205, § 14; SL 2015, ch 207, § 9.
S.D. Codified Laws § 40-18-21 — SD Code / Title 40 / Chapter 18 / Section 40-18-21
Memorandum of understanding--Indian tribes--Cooperation to investigate livestock theft
Status: in_force

The board may enter a memorandum of understanding, under the provisions of chapter 1-24 , with any federally recognized Indian tribe to cooperate in the investigation of livestock theft on, and adjacent to, tribal lands, provided the tribal government authorizes the memorandum.

Source: SL 2025, ch 171, § 1.
S.D. Codified Laws § 40-20-35 — SD Code / Title 40 / Chapter 20 / Section 40-20-35
Permit for shipment of cattle from feedlot for slaughter--Inspection of cattle without forms--Fees
Status: in_force

Cattle shipped from a registered feedlot for slaughter are not subject to brand inspection at origin or destination. However, prior to shipping such cattle, the feedlot operator shall obtain a permit from the board which shows the feedlot operator's name, owner of cattle, date the cattle are to be shipped, destination, agency receiving the cattle, number of head in the shipment, sex, and brands. The form shall be completed by the feedlot operator at the time of the shipment. One copy shall be sent with the shipment, one copy shall be sent to the board or the inspecting agency by the tenth day of the following month, and one copy shall be retained by the operator of the registered feedlot. If such forms fail to accompany a shipment of cattle, all such cattle are subject to an ownership inspection and inspection fees shall be charged, as defined in chapter 40-21 .

Source: SL 1984, ch 270, § 4; SL 1988, ch 328, § 73.
S.D. Codified Laws § 40-32-14 — SD Code / Title 40 / Chapter 32 / Section 40-32-14
Issuance of tester and grader's license or sampling and grading license--Duration
Status: in_force

After successful completion of the examination required by §§ 40-32-12 and 40-32-13 , the secretary of agriculture and natural resources shall issue a tester and grader's license or sampling and grading license. Each license is valid for one year or any fraction thereof and terminated on July first of each year.

Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 2016, ch 205, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-18-20 — SD Code / Title 40 / Chapter 18 / Section 40-18-20
Inspection outside livestock ownership inspection area
Status: in_force

If requested, the board may inspect livestock in this state located outside the livestock ownership inspection area.

Source: SL 2018, ch 247, § 1.
S.D. Codified Laws § 40-23-7 — SD Code / Title 40 / Chapter 23 / Section 40-23-7
Power to lease county land
Status: in_force

Each association organized under this chapter shall have the power to lease from the county or counties in which the cooperative grazing district is located, land acquired by such county or counties through tax sale or otherwise, which is located in or contiguous thereto and not already under lease.

Source: SDC 1939, § 40.1803 (3).
S.D. Codified Laws § 40-31-22 — SD Code / Title 40 / Chapter 31 / Section 40-31-22
Power to sue and be sued--Contract power
Status: in_force

The Department of Agriculture and Natural Resources, on behalf of the American Dairy Association, shall have the power to sue and be sued and to contract and be contracted with.

Source: SL 1951, ch 5, § 2; SL 1955, ch 4, § 2; SDC Supp 1960, § 4.2202; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-12-2 — SD Code / Title 40 / Chapter 12 / Section 40-12-2
Destruction of rabid animal required
Status: in_force

If the Animal Industry Board determines that rabies exists in any animal, the board may kill such animal and any animal there is reason to believe has been bitten by any animal affected with rabies.

Source: SDC 1939, § 40.0601; SL 1990, ch 325, § 209.
S.D. Codified Laws § 40-3-18 — SD Code / Title 40 / Chapter 3 / Section 40-3-18
Fees and mileage of witnesses before board
Status: in_force

Witnesses attending or testifying pursuant to § 40-3-17 shall receive the same fees and mileage as witnesses in the circuit court, to be paid out of the funds appropriated for the enforcement of this chapter, upon vouchers duly approved by the executive secretary of the Animal Industry Board.

Source: SDC 1939, § 40.0105; SL 1990, ch 325, § 19.
S.D. Codified Laws § 40-15A-1.1 — SD Code / Title 40 / Chapter 15A / Section 40-15A-1.1
License as dealer, packer, or packer buyer required--Violation as misdemeanor
Status: in_force

No person may transact business as a livestock dealer, packer, or packer buyer unless the person is licensed pursuant to the provisions of this chapter. A violation of this section is a Class 1 misdemeanor.

Source: SL 1982, ch 283, § 1; SL 1991, ch 186, § 13; SL 2003, ch 217, § 1.
S.D. Codified Laws § 40-32-17 — SD Code / Title 40 / Chapter 32 / Section 40-32-17
Suspension or revocation of tester and grader's or sampler and grader's license--Violation as ground for revocation
Status: in_force

The secretary of agriculture and natural resources may suspend or revoke a tester and grader's license or a sampler and grader's license of any person who fails to comply with the provisions of this chapter. Conviction of a licensee for any violation of this chapter shall be sufficient grounds for revocation of the offender's license.

Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 6; SDC Supp 1960, § 4.1906; SL 1969, ch 8, § 5; SL 2002, ch 192, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-19-22 — SD Code / Title 40 / Chapter 19 / Section 40-19-22
Fees paid into brand fund--Purposes for which used
Status: in_force

Fees required by §§ 40-19-11 , 40-19-12 , 40-19-15 , and 40-19-16 shall be collected by the board and be paid into the state treasury to the credit of the brand fund, which fund shall not at any time revert to the general fund of the state or be diverted to any other purposes than those stated in this chapter, or chapters 40-20 and 40-21 .

Source: SDC 1939, § 40.1207; SL 1949, ch 145, § 2; SL 1964, ch 113; SL 1967, ch 160; SL 1988, ch 328, § 39.
S.D. Codified Laws § 40-15-39 — SD Code / Title 40 / Chapter 15 / Section 40-15-39
"Livestock fraud" defined--Evidence--Felony
Status: in_force

Any person who purchases livestock from a livestock auction agency, as defined in this chapter, with intent to defraud is guilty of livestock fraud. The failure of such purchaser to tender payment in full within four days of the date of purchase, is prima facie evidence of intent to defraud.

Livestock fraud is a Class 4 felony.

Source: SL 1981, ch 292; SL 1990, ch 325, § 275.
S.D. Codified Laws § 40-36-10 — SD Code / Title 40 / Chapter 36 / Section 40-36-10
Animal damage control fund created
Status: in_force

There is created a special fund in the Office of the State Treasurer to be known as the state animal damage control fund.

Source: SL 1943, ch 42, § 8; SL 1945, ch 36, § 4; SDC Supp 1960, § 25.1102; SL 1983, ch 292, § 11.
S.D. Codified Laws § 40-15-38 — SD Code / Title 40 / Chapter 15 / Section 40-15-38
Use of livestock disease emergency fund--Authorization by Governor required
Status: in_force

The Animal Industry Board shall deposit all funds collected by it to the credit of a fund to be known as the livestock disease emergency fund in the Office of the State Treasurer as provided by § 40-15-37 . The livestock disease emergency fund shall be available for use to the Animal Industry Board only pursuant to determination of the Governor that an emergency exists and an order from the Governor authorizing the use of said funds for the eradication and control of virulent diseases among livestock.

Source: SDC 1939, § 40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, § 1; SL 1957, ch 203, § 1; SL 1961, ch 204, § 2; SL 1990, ch 325, § 274.
S.D. Codified Laws § 40-32-10 — SD Code / Title 40 / Chapter 32 / Section 40-32-10
Revocation or suspension of plant license for violations--Notice and opportunity to defend
Status: in_force

The secretary shall, upon evidence of violations of the provisions of this chapter and chapters 39-6 , 39-7 , and 39-8 , and any rules promulgated pursuant to those chapters, revoke or suspend any dairy products plant license. However, no license may be revoked except on twenty days' notice to the licensee or the licensee's agent or manager. Any notice shall be served as summons is served in civil actions, specify the substance of the complaint and the time and place at which evidence will be heard in support of the complaint, and that an opportunity will be offered to the licensee complained about to submit evidence and proof in defense of any charge.

Source: SDC 1939, § 4.1906; SL 1957, ch 92, § 5; SDC Supp 1960, § 4.1905; SL 1969, ch 8, § 4; SL 2010, ch 205, § 13.
S.D. Codified Laws § 40-1-31 — SD Code / Title 40 / Chapter 1 / Section 40-1-31
Liability of officer or agent
Status: in_force

No agent of the board, peace officer, or agent or officer of a humane society may be held liable as a result of reasonable actions taken pursuant to this chapter.

Source: SL 1991, ch 331, § 20.
S.D. Codified Laws § 40-23-9 — SD Code / Title 40 / Chapter 23 / Section 40-23-9
Power to apportion grazing rights among members
Status: in_force

Each association organized under this chapter shall have the power to apportion to members grazing rights within the cooperative grazing district on such terms, conditions, and limitations as may be specified by the directors thereof, or in accordance with the terms and limitations imposed for the purpose of conservation, restoration, and improvement of forage resources in the leasing of county, state, or federal land.

Source: SDC 1939, § 40.1803 (4).
S.D. Codified Laws § 40-33-1 — SD Code / Title 40 / Chapter 33 / Section 40-33-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Due date," seven days from the date of delivery of produce by the seller to the dealer at wholesale in the case of a sale, and in all cases where produce is consigned, seven days from the date the sale is made by the broker or handler to the dealer at wholesale;

(2) "Person," an individual, firm, corporation, limited liability company, copartnership, or association;

(3) "Produce," includes eggs, poultry, poultry products, or dairy products;

(4) "Voluntary extension of credit," a written agreement between the seller and the dealer at wholesale wherein the time of payment for the purchase price of produce is extended beyond the due date.

Source: SL 1955, ch 5, § 1; SDC Supp 1960, § 4.2401; SL 1963, ch 9, § 1; SL 1994, ch 351, § 99.
S.D. Codified Laws § 40-1-2.4 — SD Code / Title 40 / Chapter 1 / Section 40-1-2.4
Cruelty to animals--Felony
Status: in_force

No person may subject an animal to cruelty. A violation of this section is a Class 6 felony.

Source: SL 1991, ch 331, § 4; SL 2014, ch 194, § 4.
S.D. Codified Laws § 40-19-24 — SD Code / Title 40 / Chapter 19 / Section 40-19-24
Registered brand as prima facie evidence of ownership--Copy of register as proof of brand
Status: in_force

In any action or proceeding at law or in equity, if the title to any cattle, horses, mules, sheep, or buffalo is involved, the brand on any animal shall be prima facie evidence of the ownership of the person whose brand it may be, if such brand is currently registered and renewed as provided by law. Proof of the right of any person to use any brand shall be made by a copy of the register of the same, certified in all cases of brands registered under this chapter, by the board.

Source: SDC 1939, § 40.1216; SL 1988, ch 328, § 41.
S.D. Codified Laws § 40-20-25 — SD Code / Title 40 / Chapter 20 / Section 40-20-25
Law enforcement officer not liable for damages in stopping vehicle
Status: in_force

Any law enforcement officer described in § 40-20-24 or surety on his official bond is not liable for any damages claimed to have been incurred by reason of any injury to such livestock, loss of time, shrinkage, or any other similar damage.

Source: SL 1955, ch 139, § 3; SDC Supp 1960, § 40.12A04 (5); SL 1967, ch 164; SL 1988, ch 328, § 62.
S.D. Codified Laws § 40-14-1 — SD Code / Title 40 / Chapter 14 / Section 40-14-1
Restrictions on importation from quarantine areas outside state
Status: in_force

The Animal Industry Board may restrict importation from quarantine areas established by it without this state during such time interval as may be necessary to prevent the importation of animals with contagious, infectious, epidemic, or communicable disease or infested with destructive parasites into the state.

Source: SDC 1939, § 40.0301 as added by SL 1950 (SS), ch 7, § 1; SL 1990, ch 325, § 225.
S.D. Codified Laws § 40-18-2 — SD Code / Title 40 / Chapter 18 / Section 40-18-2
Qualification of board members
Status: in_force

At least three of the five members of the board shall be persons who derive the major portion of their income from the livestock business and who are owners of brands duly recorded with the board. At least three of the five members of the board shall reside in the livestock ownership inspection areas. No appointed member may act as a member of the board while holding an elective or appointive state or federal office. No more than three of the members shall be of any one political party.

Source: SDC 1939, § 40.1201 as added by SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1973, ch 2, § 38; SL 1976, ch 252, § 2; SL 1988, ch 328, § 4; SL 2004, ch 259, § 2.
S.D. Codified Laws § 40-15-9 — SD Code / Title 40 / Chapter 15 / Section 40-15-9
Notice and hearing dispensed with on renewal of license
Status: in_force

Upon application for the renewal of any existing license, the Animal Industry Board may dispense with the notice and hearing required by §§ 40-15-4 to 40-15-6 , inclusive, if it is satisfied from the application for renewal and applicant's prior record that the applicant has been in active business under its existing license during the term covered by such license and has complied with statutes of the state applicable to livestock auction agencies and the rules of the Animal Industry Board during the period covered by the license sought to be renewed.

Source: SDC 1939, § 40.2002 as added by SL 1961, ch 204, § 2; SL 1990, ch 325, § 245.
S.D. Codified Laws § 40-20-1 — SD Code / Title 40 / Chapter 20 / Section 40-20-1
Counties included in inspection area
Status: in_force

The South Dakota livestock ownership inspection area consists of all of that part of the State of South Dakota lying within the following counties: Harding, Butte, Lawrence, Pennington, Custer, Fall River, Perkins, Meade, Oglala Lakota, Corson, Dewey, Ziebach, Haakon, Stanley, Jackson, Jones, Mellette, Bennett, Todd, Lyman, Tripp, and Gregory.

Source: SL 1943, ch 142, § 3; SDC Supp 1960, § 40.12A01; SL 1967, ch 162; SL 1982, ch 284, § 1; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
S.D. Codified Laws § 40-19-11 — SD Code / Title 40 / Chapter 19 / Section 40-19-11
Registration of brands approved--Preservation of applications on certificates--Registration and renewal fees
Status: in_force

Any brand approved by the board shall be registered, and the board shall keep and maintain a register of any application filed and certificate issued relating to a brand. Any person desiring to have a brand registered shall remit to the board a fee pursuant to § 40-18-16 , for each brand. In addition to the registration fee, any person registering a brand shall remit to the board a renewal fee pursuant to § 40-18-16 .

Source: SDC 1939, §§ 40.1206, 40.1207; SL 1949, ch 145, § 2; SL 1964, ch 113; SL 1967, ch 160; SL 1975, ch 260, § 1; SL 1986, ch 341, § 1; SL 1988, ch 328, § 29.
S.D. Codified Laws § 40-3-16 — SD Code / Title 40 / Chapter 3 / Section 40-3-16
Access to property and inspections by board
Status: in_force

The Animal Industry Board has the right of access to, and inspection of, any place or property if necessary to carry out the powers and duties of the board, or to enforce its rules and orders.

Source: SDC 1939, § 40.0105; SL 1990, ch 325, § 17.
S.D. Codified Laws § 40-18-5 — SD Code / Title 40 / Chapter 18 / Section 40-18-5
Quorum of board--Vote required for action
Status: in_force

Three members of the board shall constitute a quorum for the transaction of business, but the affirmative vote of three members of the board is required to adopt any motion or resolution.

Source: SDC 1939, § 40.1201 as added by SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1976, ch 252, § 4; SL 1988, ch 328, § 6.
S.D. Codified Laws § 40-20-26 — SD Code / Title 40 / Chapter 20 / Section 40-20-26
Licensed auction markets in inspection area to require ownership inspection of livestock--Neglect as misdemeanor--Discretionary reinspection
Status: in_force

It is a Class 1 misdemeanor for any licensed livestock auction market in the livestock ownership inspection area to allow any livestock brought into the yards of the market for purpose of sale to leave the yards until first inspected for ownership. However, if a shipment of livestock arrives at any auction market in the ownership inspection area after daylight hours, facilities shall be made available to yard such livestock separate and apart from any other livestock. The auction market may sell such livestock that night, but livestock so sold shall be returned to the separate yard facilities, and may not be removed therefrom until an ownership inspection has been made. The livestock ownership inspector may, in his discretion, reinspect the livestock before they leave the yards of the auction market.

Source: SL 1943, ch 142, § 12; SDC Supp 1960, § 40.12A07; SL 1967, ch 166; SL 1968, ch 156, § 1; SL 1977, ch 190, § 513; SL 1988, ch 328, § 63.
S.D. Codified Laws § 40-5-19 — SD Code / Title 40 / Chapter 5 / Section 40-5-19
County and municipal expenditures for disease control--Cooperation with state and federal agencies
Status: in_force

Boards of county commissioners and governing bodies of municipalities may appropriate and expend money for the control or eradication of any infectious, contagious, and communicable diseases among livestock within their respective boundaries. Such funds shall be used in cooperation with the State Animal Industry Board and the United States Department of Agriculture.

Source: SDC 1939, § 40.0115; SL 1990, ch 325, § 50; SL 1992, ch 60, § 2.
S.D. Codified Laws § 40-1-23 — SD Code / Title 40 / Chapter 1 / Section 40-1-23
Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor
Status: in_force

The owner or caretaker of a potentially dangerous animal shall keep such animal in a proper enclosure. If a potentially dangerous animal is not in a proper enclosure, it shall be directly accompanied by its owner or caretaker and confined or restrained in such a manner that, after investigation by the board, any peace officer, or any officer or agent of a humane society, it is not a dangerous animal. The ownership or possession of a dangerous animal in violation of this section is a Class 1 misdemeanor.

Source: SL 1991, ch 331, § 7.
S.D. Codified Laws § 40-27-3 — SD Code / Title 40 / Chapter 27 / Section 40-27-3
Notice to mortgagee of agister's lien--Contents and service--Priority over mortgage
Status: in_force

In the event animals subject to a lien under § 40-27-1 shall be mortgaged, the person to whom entrusted may serve notice in writing on the mortgagee to the effect that he is feeding, herding, pasturing, or ranging said animals, or is about to do so. Such notice shall describe the animals generally and give the name and address of the person entrusting the same and the date when the service commenced or a future date when it is to commence, and the probable amount of the charge for such service and supplies. The notice may be served personally upon the mortgagee or by sending the same by registered or certified mail to said mortgagee at his post office address as set out in the mortgage. Upon service of such notice any charges for service or supplies subsequently accruing pursuant to the notice shall be a prior lien to said mortgage to the extent only of the value of said service and supplies.

Source: SDC 1939, § 39.1001.
S.D. Codified Laws § 40-15-10 — SD Code / Title 40 / Chapter 15 / Section 40-15-10
Bond required to operate auction agency--Terms of bond--Approval--Amount--Violation as misdemeanor
Status: in_force

No person may operate a livestock auction agency without first filing with the Animal Industry Board a corporate surety bond as required under the provisions of the Federal Packers and Stockyard Act, 1921, as amended to January 1, 2002, for livestock agencies selling on commission. The bond shall be filed with the Animal Industry Board and a certified copy thereof shall be filed with the chief of the Packers and Stockyards Division of the United States Department of Agriculture. The obligee of the bond is the Animal Industry Board with the executive secretary thereof as trustee, with full power and authority to consider claims and pay valid claims from bond proceeds, subject to applicable federal law. The bond shall be for the benefit of all persons sustaining loss which may be covered by the obligation of the bond. The bond shall be approved by the Animal Industry Board as to its sufficiency and by the attorney general as to form prior to filing. The amount of the bond may not be less than twenty thousand dollars. Any person who operates a livestock auction agency in violation of this section is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 40.2003; SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170; SL 1977, ch 190, § 491; SL 1990, ch 325, § 246; SL 2002, ch 191, § 2.
S.D. Codified Laws § 40-31-3 — SD Code / Title 40 / Chapter 31 / Section 40-31-3
Nomination, appointment and terms of producer members
Status: in_force

The Governor shall appoint the producer members of the American Dairy Association from among a list of nominees supplied by any statewide nonprofit dairy organization incorporated under state law, for a period of three years, beginning on October thirty-first with one producer member to be appointed each year as the terms of previous appointees expire. The appointee's term shall expire on October thirtieth in the third year of appointment. The list of nominees shall comprise at least twice the number of appointments to be made.

Source: SL 1951, ch 5, § 2; SL 1955, ch 4, § 2; SDC Supp 1960, § 4.2202; SL 2004, ch 260, § 3; SL 2012, ch 16, § 20.
S.D. Codified Laws § 40-28-21 — SD Code / Title 40 / Chapter 28 / Section 40-28-21
Surplus proceeds of sale--Disposition
Status: in_force

If the person suffering damage fails to bring an action within the time required or if there is a surplus remaining after the satisfaction of the judgment, the proceeds of a sale pursuant to § 40-28-15 shall be paid by the clerk of courts to the owner of the animals. If the owner of the animals fails to claim the proceeds within six months, the money shall be paid over to the county treasurer and credited to the school fund of the county and shall be accounted for and expended as other school money.

Source: SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403; SL 1983, ch 290, § 5.
S.D. Codified Laws § 40-2-5 — SD Code / Title 40 / Chapter 2 / Section 40-2-5
Contract for animal control services
Status: in_force

Nothing in chapter 40-1 or this chapter may prohibit any county or municipality from contracting with an incorporated society to provide animal control services, to enforce county or municipal ordinances or to enforce the provisions of chapter 40-1 within the jurisdiction of the county or municipality.

Source: SL 1991, ch 331, § 41.
S.D. Codified Laws § 40-36-25 — SD Code / Title 40 / Chapter 36 / Section 40-36-25
Appeal from disapproval of bounty claim
Status: in_force

In the event of disapproval of any bounty claim by the Game, Fish and Parks Commission the claimant shall have the right to appeal therefrom within ten days in the manner provided by law.

Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1968, ch 104, § 1.
S.D. Codified Laws § 40-15-13 — SD Code / Title 40 / Chapter 15 / Section 40-15-13
Livestock handling and testing facilities required for auction agency license--Revocation or suspension if facilities inadequate or unsanitary
Status: in_force

Every livestock auction agency shall provide adequate facilities for care, sorting, feeding, and handling of livestock and for proper inspection, examination, and testing for disease according to specifications determined by the Animal Industry Board. No license shall be issued or renewed by the board until the facilities are deemed adequate by it; and any time after issuance of the license, it may revoke or suspend the license of the agency until faults are corrected whenever it determines that the facilities of the agency are then inadequate or that the premises are not being maintained and operation conducted in a sanitary and safe manner to prevent the spread of livestock disease.

Source: SDC 1939, § 40.2005; SL 1957, ch 203, § 2; SL 1990, ch 325, § 248.
S.D. Codified Laws § 40-20-28 — SD Code / Title 40 / Chapter 20 / Section 40-20-28
Fee for inspection services--Determination of rate--When collected
Status: in_force

The board may charge and collect a fee from any open market for services pertaining to the brand inspection of livestock as required by chapters 40-20 and 40-21 . The amount of such fees shall be based upon the cost of providing ownership inspection at the market and shall be collected if the current inspection income does not cover the cost of brand inspection.

Source: SL 1943, ch 142, § 12; SDC Supp 1960, § 40.12A07; SL 1967, ch 166; SL 1968, ch 156, § 1; SL 1988, ch 328, § 67.
S.D. Codified Laws § 40-36-14 — SD Code / Title 40 / Chapter 36 / Section 40-36-14
Expenditures from fund
Status: in_force

Funds from the state animal damage control fund may be expended by the Game, Fish and Parks Commission for the control of wild animals, as defined in § 40-36-1 .

Source: SDC 1939, § 25.1001 as added by SL 1963, ch 141, § 1; SL 1966, ch 71; SL 1974, ch 274, § 3; SL 1978, ch 288, § 6; SL 1983, ch 292, § 15.
S.D. Codified Laws § 40-29-25 — SD Code / Title 40 / Chapter 29 / Section 40-29-25
Sale of estray--Disposition of proceeds
Status: in_force

If the animal is determined to be an estray by the sheriff or the board, it shall be promptly sold through the most convenient livestock auction market. The net proceeds of such sale shall be paid to the board to be placed into the brand inspection and theft prevention fund. If ownership of the estray is not determined within one year from the date the estray was found the net proceeds of the sale of the estray shall escheat to the South Dakota livestock ownership inspection and theft prevention fund.

Source: SL 1988, ch 328, § 116.
S.D. Codified Laws § 40-22-12 — SD Code / Title 40 / Chapter 22 / Section 40-22-12
Names and dates of persons delivering livestock required of person slaughtering
Status: in_force

Any person slaughtering or processing livestock outside the ownership inspection area shall, upon demand of any law enforcement officer, provide names and dates of persons who delivered livestock for slaughter that may have originated from within the ownership inspection area.

Source: SL 1955, ch 140, § 4; SDC Supp 1960, § 40.15A04; SL 1983, ch 289, § 12; SL 1988, ch 328, § 99; SL 1991, ch 186, § 22; SL 2002, ch 190, § 6.
S.D. Codified Laws § 40-18-9 — SD Code / Title 40 / Chapter 18 / Section 40-18-9
Employment of other persons by board--Compensation--Expenditures
Status: in_force

The board may, pursuant to chapter 3-6D , employ persons as the board deems necessary to properly carry out the provisions of chapters 40-18 to 40-22 , inclusive, and chapter 40-29 , under the supervision and control of the board. The board may fix the salaries and compensation of the persons employed and may make expenditures as necessary to carry out the provisions of chapters 40-18 to 40-22 , inclusive, and chapter 40-29 .

Source: SL 1943, ch 142, § 4; SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1988, ch 328, § 10; SL 2018, ch 12, § 22.
S.D. Codified Laws § 40-37-6 — SD Code / Title 40 / Chapter 37 / Section 40-37-6
Selection of district officers--Called meetings of directors--Quorum--No compensation
Status: in_force

Directors of predatory animal districts, elected at meetings called and held as provided in § 40-37-5 , shall immediately after the adjournment of said meeting organize by choosing from their number a president, vice - president, and secretary - treasurer. Subsequent meetings of said board shall be called by the president upon reasonable notice. A majority of the board shall constitute a quorum for the transaction of business at any board meeting. The directors shall receive no compensation for serving on the board.

Source: SL 1974, ch 275, § 6.
S.D. Codified Laws § 40-15B-5 — SD Code / Title 40 / Chapter 15B / Section 40-15B-5
Agreements in violation of provisions voidable--Violation as fraudulent
Status: in_force

Any agreement made by a packer in violation of §§ 40-15B-1 to 40-15B-8 , inclusive, is voidable. Any packer acting in violation of this section is guilty of a fraudulent practice.

Source: SL 1999, ch 204, § 5.
S.D. Codified Laws § 40-15-2 — SD Code / Title 40 / Chapter 15 / Section 40-15-2
License required for auction agency--Display at place of sales--Violation as petty offense
Status: in_force

No livestock auction agency may operate without a license, which shall always be displayed at a conspicuous place on the premises where sales are conducted. A violation of this section is a petty offense. Each day of violation is a separate offense.

Source: SDC 1939, § 40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, § 1; SL 1957, ch 203, § 1; SL 1961, ch 204, § 2; SL 1990, ch 325, § 238; SL 1992, ch 158, § 89.
S.D. Codified Laws § 40-32-15 — SD Code / Title 40 / Chapter 32 / Section 40-32-15
License withheld from applicant not meeting requirements
Status: in_force

The secretary of agriculture and natural resources may withhold a tester and grader's license or a sampling and grading license from any applicant who does not meet the licensing requirements.

Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 2016, ch 205, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 40-36-33 — SD Code / Title 40 / Chapter 36 / Section 40-36-33
Predatory animal control fund carried over from year to year
Status: in_force

Any unused balance in the state predatory animal control fund shall not revert but shall be carried over, from year to year, and applied to the payment of bounty claims in subsequent years.

Source: SL 1943, ch 42, § 9; SL 1945, ch 36, § 5; SDC Supp 1960, § 25.1103.
S.D. Codified Laws § 40-23-5 — SD Code / Title 40 / Chapter 23 / Section 40-23-5
Arbitration of overlapping district boundaries
Status: in_force

When any cooperative grazing districts shall have overlapping boundaries, their boundaries shall be determined by arbitration. Each district shall appoint an arbitrator, and such arbitrators shall appoint a third. The decision of any two of such three arbitrators shall be binding on both districts.

Source: SDC 1939, § 40.1807.
S.D. Codified Laws § 40-18-10 — SD Code / Title 40 / Chapter 18 / Section 40-18-10
Designation of private or nonprofit corporation for provision of ownership inspection--Terms of contract
Status: in_force

The board may designate as an agency for the carrying on of livestock ownership inspection work a private or nonprofit corporation, and fix the compensation. Any contract entered into for the provision of livestock ownership inspection work shall contain provisions requiring a separate accounting of all income received and expenses paid by the agency based on such contract. Such accounting information shall be available to the public upon request to the board.

Source: SL 1943, ch 142, § 4; SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1969, ch 167, § 2; SL 1977, ch 321, § 4; SL 1982, ch 18, § 137; SL 1988, ch 328, § 11.
S.D. Codified Laws § 40-15-32 — SD Code / Title 40 / Chapter 15 / Section 40-15-32
Revocation or suspension of license for violations--Effect of revocation or suspension
Status: in_force

The Animal Industry Board may revoke or suspend for such time as it deems necessary the license of any livestock auction agency for any violation of the provisions of § 40-15-32.1 . If a license is revoked, the licensee may not engage in the business authorized by his license for a period of one year. If a license is suspended, the licensee may not, directly or indirectly, operate the agency or the premises on which the agency is located during the period of suspension.

Source: SL 1988, ch 326, § 1; SL 1990, ch 325, § 267.
S.D. Codified Laws § 40-19-5 — SD Code / Title 40 / Chapter 19 / Section 40-19-5
Application form--Notice if brand recordable--Fees
Status: in_force

An application for a registered brand shall be submitted on a form provided by the board. Applications shall be processed in the order of their receipt and the applicant shall be notified if the brand is recordable and of the fees due for registration.

Source: SDC 1939, § 40.1205; SL 1949, ch 145, § 1; SL 1967, ch 159; SL 1988, ch 328, § 23; SL 1999, ch 206, § 3.
S.D. Codified Laws § 40-38-2 — SD Code / Title 40 / Chapter 38 / Section 40-38-2
Prohibited activities--Exceptions
Status: in_force

No person, without consent, may:

(1) Intentionally damage or destroy an agricultural production facility or an animal, or obstruct any enterprise conducted at the agricultural production facility;

(2) Acquire or otherwise exercise control over an agricultural production facility or an animal or other property from an agricultural production facility with the intent to deprive the owner or to obstruct the enterprise conducted at the facility;

(3) Enter an agricultural production facility, not then open to the public, with intent to commit any act prohibited by this section;

(4) Enter an agricultural production facility and remain concealed, with intent to commit any act prohibited by this section;

(5) Enter an agricultural production facility and commit or attempt to commit any act prohibited by this section;

(6) Intentionally turn out or release any animal or any plant pest or pathogen in or on an agricultural production facility;

(7) Use deception to gain access to or employment at an agricultural facility that is not open to the public, with the intent to cause physical or economic harm or other injury to the agricultural production facility; or

(8) Knowingly place or use a camera or electronic surveillance device that transmits or records images or data while committing criminal trespass as set forth in chapter 22-35 .

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, § 2; SL 2025, ch 173, § 3.
S.D. Codified Laws § 40-20-4 — SD Code / Title 40 / Chapter 20 / Section 40-20-4
Inspection and certificate required for removal of livestock from ownership inspection area--Violation as misdemeanor--Impoundment--Venue
Status: in_force

Except as otherwise provided in this chapter, it is a Class 2 misdemeanor to remove or authorize the removal of livestock from any point within the livestock ownership inspection area, to any point within one mile of the border with a destination outside the ownership inspection area, unless the livestock have been inspected for ownership and the shipper possesses the local ownership inspection certificate, market clearance, shipper's permit, or other form of authorization required by the board.

Except as otherwise provided in § 40-20-29 , a local ownership inspection certificate is valid for the transportation of livestock, other than horses, out of the livestock ownership inspection area for twenty-four hours after the time of the inspection, as noted on the inspection certificate. In the case of horses, the certificate is valid for thirty days after the date of the inspection, as noted on the certificate.

If there is no valid local ownership inspection certificate, the livestock must be inspected before leaving the ownership inspection area.

Livestock being removed from the ownership inspection area, without authorization from the board, may be impounded by any law enforcement officer, until the livestock are inspected for ownership by an inspector.

The venue for the prosecution of any offense under this section is the county where the livestock were loaded, or any county through which the livestock were transported or trailed.

Any livestock being transported to a destination outside the ownership inspection area must be inspected for ownership if they cease to be in the custody of the carrier at any time prior to leaving the ownership inspection area.

Any livestock shipper within the livestock ownership inspection area wanting livestock inspected, as provided in this section, shall notify an inspector in advance of the inspection and allow the inspector reasonable time to provide the inspection.

Source: SL 1943, ch 142, § 8; SL 1945, ch 172, § 2; SL 1949, ch 144, § 2; SDC Supp 1960, § 40.12A03; SL 1967, ch 163; SL 1972, ch 219, § 1; SL 1977, ch 190, § 508; SL 1984, ch 269, § 12; SL 1986, ch 342, § 1; SL 1988, ch 328, § 45; SL 1991, ch 335, § 1; SL 1992, ch 288, § 8; SL 2008, ch 213, § 1; SL 2012, ch 200, § 1; SL 2015, ch 208, § 1; SL 2024, ch 170, § 1.
S.D. Codified Laws § 40-19-26 — SD Code / Title 40 / Chapter 19 / Section 40-19-26
Property rights unimpaired
Status: in_force

Nothing in this chapter shall be so construed as in any manner to impair the property rights of any owner of livestock in this state.

Source: SDC 1939, § 40.1217.
S.D. Codified Laws § 40-34-9 — SD Code / Title 40 / Chapter 34 / Section 40-34-9
Animal control program in counties--Impounding of animals--Contracts with municipalities
Status: in_force

The board of county commissioners of each county may establish an animal control program within the areas of the county outside of municipalities, and have the power to establish a pound or pounds, appoint poundmasters, and regulate the impounding of all animals, or for the purposes of providing animal control may contract with a municipality having a pound or a humane society established pursuant to chapter 40-2 .

Source: SL 1975, ch 100, § 2.
S.D. Codified Laws § 40-33-14 — SD Code / Title 40 / Chapter 33 / Section 40-33-14
Apportionment of bond proceeds when insufficient to satisfy claims
Status: in_force

If the dealer at wholesale has become liable to more than one person by reason of breaches of the conditions of the bond and the amount of the bond is insufficient to pay the entire liability to all persons entitled to the protection of the bond, the penalty of the bond as against the sureties shall be apportioned among the several claimants.

Source: SL 1955, ch 5, § 5; SDC Supp 1960, § 4.2405.
S.D. Codified Laws § 40-3-8 — SD Code / Title 40 / Chapter 3 / Section 40-3-8
Meetings of board
Status: in_force

The Animal Industry Board shall hold its meetings in Pierre at such times as it designates, but there may not be more than four regular meetings each year, including the annual meeting which shall be held on the first Tuesday after the second Monday in July of each year, at which meeting the president and vice - president shall be elected for the ensuing year. However, the president of the board may call special meetings whenever and wherever in the state he considers necessary.

Source: SDC 1939, § 40.0102; SL 1939, ch 149, § 1; SL 1990, ch 325, § 9.