reglab/housing_qa huggingface dataset:
SD Codified L § 40-32-23 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-23 - Access of department to premises, vehicles, and records--Taking of samples.

40-32-23. Access of department to premises, vehicles, and records--Taking of samples.The department shall have access, ingress, and egress to all places of business, factories, buildings, or related areas where any milk or milk products are produced, bought, manufactured, held, or stored, including any vehicles used for the transportation of milk or milk products. The department shall have access to all of the books and records of such places of business for the purpose of enforcing the provisions of this chapter. The department may take any samples deemed necessary for the proper enforcement of this chapter. Source: SDC 1939, §4.1905; SL 1943, ch 9, §13; SL 1957, ch 92, §7; SDC Supp 1960, §4.1907; SL 1969, ch 8, §6; SL 2010, ch 205, §16.
SD Codified L § 40-32-25 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-25 - Inspection service fee for each dairy farm--Raw milk assessment fee.

40-32-25. Inspection service fee for each dairy farm--Raw milk assessment fee.A milk plant or marketing organization of milk, milk products, sheep milk, or goat milk that processes or markets Manufacturing Grade or Grade A milk shall pay an inspection service fee for each dairy farm. The inspection fee shall be one hundred dollars per Grade A or fifty dollars per Manufacturing Grade dairy farm and be paid semiannually by July first and January first to the secretary. In addition, beginning on January 1, 2010, each milk buyer shall pay a monthly raw milk assessment fee on all milk purchased from South Dakota producers, which shall be paid by the beginning of each month to the secretary. The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 to establish the raw milk assessment fee which may not exceed one cent per hundredweight on all milk purchased. Source: SL 1988, ch 329, §2; SL 2001, ch 225, §1; SL 2009, ch 205, §11; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-26 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-26 - Reinspection fee--When assessed.

40-32-26. Reinspection fee--When assessed.A reinspection fee of two hundred dollars per inspection shall be paid to the secretary by the milk plant or marketing organization for each dairy farm inspection exceeding the required biannual Grade A or annual Manufacturing Grade farm facility inspection resulting from adverse actions such as farm permit suspension, degrade, or unsanitary conditions to be corrected within a specified period of time. Source: SL 1988, ch 329, §3; SL 2001, ch 225, §2; SL 2009, ch 205, §12.
SD Codified L § 40-32-27 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-27 - Inspection fee for milk plants.

40-32-27. Inspection fee for milk plants.Each milk plant requiring inspection service from the department on pasteurization units shall annually pay two hundred fifty dollars per pasteurization unit to the secretary. The inspection fee shall be paid annually and is due July first of each year. A one-hundred-fifty-dollar resealing fee for any pasteurization unit shall be assessed to the plant and billed at the end of the month for nonroutine equipment checks. Source: SL 1988, ch 329, §4; SL 2009, ch 205, §13.
SD Codified L § 40-32-28 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-28 - Penalty for delinquent payments.

40-32-28. Penalty for delinquent payments.The department shall impose a penalty in addition to the inspection fee that is more than one month delinquent. Such penalty shall be ten percent of the total fee each month or portion of a month. Source: SL 1988, ch 329, §5.
SD Codified L § 40-32-29 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-29 - Dairy inspection fund established--Expenditures.

40-32-29. Dairy inspection fund established--Expenditures.Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the dairy inspection fund. Expenditures of these funds shall be made pursuant to provisions of chapter 4-7, not to exceed sixty percent of the total dairy program budget. The department shall provide the dairy industry and the Legislature an annual report of the previous year's activities. Source: SL 1988, ch 329, §7; SL 2009, ch 205, §14; SL 2011, ch 190, §1.
SD Codified L § 40-32-31 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-31 - Cooperation with secretary required--Refusal as misdemeanor.

40-32-31. Cooperation with secretary required--Refusal as misdemeanor.Any person dealing in any product governed by this chapter shall give the secretary all aid within his power in discovering any product, and all records pertaining to that product, which may be suspected of being in violation of this chapter. Any refusal to render such aid is a Class 2 misdemeanor. Source: SL 1992, ch 290, §1.
SD Codified L § 40-32-32 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-32 - Assistance of police in inspection.

40-32-32. Assistance of police in inspection.The secretary may, by written or oral notice, require any police officer to assist in inspecting any place or product subject to the provisions of this chapter. Source: SL 1992, ch 290, §2.
SD Codified L § 40-32-33 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-33 - Contraband.

40-32-33. Contraband.Any milk or milk product which is adulterated, misbranded, or otherwise illegal is contraband and subject to condemnation and disposal as provided in §§40-32-34 and 40-32-35. Source: SL 1992, ch 290, §3.
SD Codified L § 40-32-34 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-34 - Seizure or quarantine of contraband--Tagging--Violation as misdemeanor.

40-32-34. Seizure or quarantine of contraband--Tagging--Violation as misdemeanor.The secretary may seize or quarantine by tagging or otherwise marking any milk or milk product which is, or which is suspected of being, contraband and for this purpose is vested with police powers. The tag or marking shall be notice to all persons not to remove or otherwise molest marked or tagged material until given permission by the secretary or a court. The owner or operator of the milk or milk product shall be notified in person or by telephone before the tag or marker is placed on the milk or milk product. Any person who removes or otherwise molests any milk or milk product tagged or marked as provided by this section without permission is guilty of a Class 2 misdemeanor. Source: SL 1992, ch 290, §4.
SD Codified L § 40-32-35 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-35 - Petition for condemnation of contraband--Hearing--Disposal of contraband.

40-32-35. Petition for condemnation of contraband--Hearing--Disposal of contraband.The secretary upon seizing or quarantining contraband pursuant to §40-32-34 may, within two days, petition the circuit court for the county in which the contraband material is found for condemnation of the material. The court shall fix a time and place of hearing and provide for reasonable notice thereof to the person in whose possession the contraband material was found. Upon hearing, the court shall determine whether the milk or milk product is in fact adulterated, misbranded or otherwise illegal. If the court determines that the article is adulterated, misbranded or otherwise illegal, it shall order that the same be condemned and destroyed or otherwise disposed of as the court shall direct. Source: SL 1992, ch 290, §5.
SD Codified L § 40-33-1 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-1 - Definition of terms.

40-33-1. Definition of terms.Terms used in this chapter mean:(1)"Due date," seven days from the date of delivery of produce by the seller to the dealer at wholesale in the case of a sale, and in all cases where produce is consigned, seven days from the date the sale is made by the broker or handler to the dealer at wholesale;(2)"Person," an individual, firm, corporation, limited liability company, copartnership, or association;(3)"Produce," includes eggs, poultry, poultry products, or dairy products;(4)"Voluntary extension of credit," a written agreement between the seller and the dealer at wholesale wherein the time of payment for the purchase price of produce is extended beyond the due date. Source: SL 1955, ch 5, §1; SDC Supp 1960, §4.2401; SL 1963, ch 9, §1; SL 1994, ch 351, §99.
SD Codified L § 40-33-2 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-2 - Business constituting dealing at wholesale.

40-33-2. Business constituting dealing at wholesale.Except as provided by §§40-33-3 to 40-33-5, inclusive, any person who shall buy or sell, contract to buy or sell, or handle on account of or as agent for another, and any person who shall similarly engage in the business of assembling and trucking for such purposes, any eggs, poultry, poultry products, or dairy products in wholesale lots for the purpose of resale, with or without an established place of business, shall, for the purpose of this chapter be deemed a dealer at wholesale. Source: SL 1955, ch 5, §2; SDC Supp 1960, §4.2402; SL 1963, ch 9, §2.
SD Codified L § 40-33-3 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-3 - Producer not deemed dealer at wholesale.

40-33-3. Producer not deemed dealer at wholesale.A producer who sells eggs produced only by his own flock, or poultry raised by him, or poultry products processed by him from his own flock, or dairy products produced by him from his own herd, shall not be deemed a dealer at wholesale within the meaning of this chapter. Source: SL 1955, ch 5, §2; SDC Supp 1960, §4.2402 (1); SL 1963, ch 9, §2.
SD Codified L § 40-33-4 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-4 - Resident paying cash for purchases not deemed dealer at wholesale.

40-33-4. Resident paying cash for purchases not deemed dealer at wholesale.Any resident of South Dakota who purchases, and at the time of purchase makes full payment in cash therefor, South Dakota eggs, poultry, poultry products, or dairy products, shall not be deemed a dealer at wholesale within the meaning of this chapter. Source: SL 1955, ch 5, §2; SDC Supp 1960, §4.2402 (2); SL 1963, ch 9, §2.
SD Codified L § 40-33-5 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-5 - Cooperatives not deemed dealers at wholesale.

40-33-5. Cooperatives not deemed dealers at wholesale.Cooperative associations having not more than forty percent of nonmember patrons shall not be deemed dealers at wholesale within the meaning of this chapter. Source: SL 1955, ch 5, §2; SDC Supp 1960, §4.2402 (3); SL 1963, ch 9, §2.
SD Codified L § 40-33-7 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-7 - Bond required of dealer at wholesale--Terms of bond.

40-33-7. Bond required of dealer at wholesale--Terms of bond.Any dealer at wholesale, as defined in this chapter, in addition to securing a license from the secretary of agriculture and natural resources, if such be required by the laws of this state, shall execute and file with the secretary a bond to the State of South Dakota with sureties to be approved by the secretary, the amount and form thereof to be fixed by the secretary, conditioned for the faithful performance of his duties as a dealer at wholesale, for the observance of all laws relating to the carrying on of the business of a dealer at wholesale, for the payment when due of the purchase price of produce purchased by him when notice of default is given the secretary within ninety days after the due date; provided, that the bond shall not cover transactions wherein it appears to the secretary that a voluntary extension of credit has been given on the produce by the seller to the dealer at wholesale beyond the due date, for the prompt settlement and payment of all claims and charges due the state for services rendered or otherwise, for the prompt reporting of sales, as required by law, to all persons consigning produce to the dealer at wholesale for sale on commission, and the prompt payment to the persons entitled thereto of the proceeds of such sales, less lawful charges, disbursements, and commissions. The bond shall cover all wholesale produce business transacted, in whole or in part, within the state. Source: SL 1955, ch 5, §3; SDC Supp 1960, §4.2403; SL 1961, ch 8; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-33-8 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-8 - Additional bond required when wholesale dealer's bond inadequate.

40-33-8. Additional bond required when wholesale dealer's bond inadequate.The secretary of agriculture and natural resources, when he is of the opinion that any bond theretofore given by any dealer at wholesale is inadequate for the proper protection of the public, may require the dealer at wholesale to give additional bonds in such amounts as from time to time he may determine and direct, with sureties to be approved by the secretary, and conditioned as set forth in §40-33-7. Source: SL 1955, ch 5, §4; SDC Supp 1960, §4.2404; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-33-9 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-9 - Statements of business required of wholesale dealer--Suspension or revocation of license for failure to comply.

40-33-9. Statements of business required of wholesale dealer--Suspension or revocation of license for failure to comply.For the purpose of fixing or changing the amount of bonds required by §40-33-7, the secretary of agriculture and natural resources may require from a dealer at wholesale verified statements of his business, and if the dealer at wholesale fails to furnish such information or to furnish a new bond, when directed by the secretary so to do, the secretary may forthwith suspend, and, after ten days' notice and opportunity to be heard, revoke his license. Source: SL 1955, ch 5, §4; SDC Supp 1960, §4.2404; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-33-10 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-10 - Complaint to secretary of damage from breach of bond conditions.

40-33-10. Complaint to secretary of damage from breach of bond conditions.Any person claiming himself to be damaged by any breach of the conditions of a bond given by a dealer at wholesale, as provided in §40-33-7, may enter complaint thereof to the secretary of agriculture and natural resources, which complaint shall be a written statement of the facts constituting the complaint. Source: SL 1955, ch 5, §5; SDC Supp 1960, §4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-33-11 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-11 - Investigation of complaint against wholesale dealer--Notice and hearing--Report and conclusions.

40-33-11. Investigation of complaint against wholesale dealer--Notice and hearing--Report and conclusions.Upon filing of the complaint in the manner provided in §40-33-10 the secretary of agriculture and natural resources shall investigate the charges made and, at his discretion, order a hearing before him, giving the party complained of notice of the filing of the complaint and the time and place of the hearing. At the conclusion of the hearing the secretary shall report his findings and render his conclusions, upon the matter complained of, to the complainant and the respondent in each case, who shall have fifteen days following in which to make effective and satisfy the secretary's conclusions. Source: SL 1955, ch 5, §5; SDC Supp 1960, §4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-33-12 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-12 - Civil action on wholesale dealer's bond--Approval by secretary required.

40-33-12. Civil action on wholesale dealer's bond--Approval by secretary required.If settlement is not effected within the time allowed by §40-33-11, either party, if aggrieved by any condition of the bond, may, upon first obtaining the approval of the secretary of agriculture and natural resources, commence and maintain an action against the principal and sureties on the bond of the party complained of as in any civil action, provided, no action against the bondsmen of a dealer at wholesale shall in any instance be maintained without the written approval of the secretary, which shall be attached to and made a part of the original complaint in the action. Upon commencing the action a copy thereof shall be filed in the office of the secretary. Source: SL 1955, ch 5, §5; SDC Supp 1960, §4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-33-13 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-13 - Record of hearing as evidence.

40-33-13. Record of hearing as evidence.The record of the hearing before the secretary of agriculture and natural resources pursuant to §40-33-11 shall be competent evidence in any court having jurisdiction. Source: SL 1955, ch 5, §5; SDC Supp 1960, §4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-33-14 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-14 - Apportionment of bond proceeds when insufficient to satisfy claims.

40-33-14. Apportionment of bond proceeds when insufficient to satisfy claims.If the dealer at wholesale has become liable to more than one person by reason of breaches of the conditions of the bond and the amount of the bond is insufficient to pay the entire liability to all persons entitled to the protection of the bond, the penalty of the bond as against the sureties shall be apportioned among the several claimants. Source: SL 1955, ch 5, §5; SDC Supp 1960, §4.2405.
SD Codified L § 40-33-15 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|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.

40-33-15. Action by secretary of agriculture and natural resources on wholesale dealer's bond--Proceeds deposited with secretary--Allowance of claims--Employment of counsel.In all cases where the liability of the dealer at wholesale exceeds the amount of his bond, or where the amount of the claims does not exceed the amount of the bond, and the claimants so request in writing, the secretary of agriculture and natural resources shall commence an action for the recovery of the amount claimed, and the surety or bondsman upon the bond shall be liable to the extent of the amount recovered, not exceeding the amount of the bond, and when recovered such amount shall be deposited with the secretary, who shall, in the same action, subject to the approval of the court, pass upon and allow or disallow all claims which may be presented to him for payment or apportioned thereunder, and to effect the purposes herein may employ counsel, the expense thereof to be paid out of the amount recovered on the bond. Source: SL 1955, ch 5, §5; SDC Supp 1960, §4.2405; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-33-17 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 33 - Dealers In Poultry Eggs And Dairy Products|Section 40-33-17 - Suspension or revocation of license on violation of this chapter.

40-33-17. Suspension or revocation of license on violation of this chapter.The secretary of agriculture and natural resources may, upon ten days' notice and opportunity to be heard, suspend, revoke, or cancel the license of a person adjudicated to be in violation of this chapter. Source: SL 1955, ch 5, §6; SDC Supp 1960, §4.9916; SL 1991, ch 186, §27; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-34-1 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 34 - Dog Licenses And Regulation|Section 40-34-1 - Killing of dog lawful when disturbing domestic animals.

40-34-1. Killing of dog lawful when disturbing domestic animals.It shall be lawful for any person to kill any dog found chasing, worrying, injuring, or killing poultry or domestic animals except on the premises of the owners of said dog or dogs. Source: SDC 1939, §40.1312.
SD Codified L § 40-34-2 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 34 - Dog Licenses And Regulation|Section 40-34-2 - Liability of owner for damages by dog disturbing domestic animals--Property subject to execution--Violation as misdemeanor.

40-34-2. Liability of owner for damages by dog disturbing domestic animals--Property subject to execution--Violation as misdemeanor.Any person owning, keeping, or harboring a dog that chases, worries, injures, or kills any poultry or domestic animal is guilty of a Class 2 misdemeanor and is liable for damages to the owner thereof for any injury caused by the dog to any such poultry or animal. All property except such as is absolutely exempt, is subject to execution issued upon a judgment for such damages and costs. Source: SDC 1939, §40.1312; SL 1991, ch 186, §28.
SD Codified L § 40-34-3 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 34 - Dog Licenses And Regulation|Section 40-34-3 - Joint liability of owners for damages by dogs in packs--Right of contribution among dog owners.

40-34-3. Joint liability of owners for damages by dogs in packs--Right of contribution among dog owners.In case dogs owned by different persons participate in the chasing, worrying, injuring, or killing of poultry or domestic animals, the owners of the respective dogs may be sued jointly for damages caused thereby in a joint action against the owners of such dogs, and a joint verdict, decision, and judgment may be rendered against the owners of such dogs. In case of joint liability for same, which joint liability is paid, the owner of the dogs jointly liable may have contribution among themselves in an appropriate action in which the respective damages committed by their respective dogs may be prorated. Source: SDC 1939, §40.1312.