reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-23 - Definitions.

40-3-23. Definitions.
Terms used in this section and in §§40-3-24 to 40-3-26, inclusive, mean:
(1)"Animal," any mammal, bird, reptile, amphibian, or fish, except humans;
(2)"Captive nondomestic animal," any nondomestic animal or hybrid thereof held in man-made confinement or physically altered to limit movement and facilitate capture;
(3)"Domestic animal," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;
(4)"Free-roaming animal," any animal not in captivity, other than a domestic animal; and
(5)"Nondomestic animal," any animal that is not domestic.
Source:
SL 1993, ch 311, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-24 - Certain nondomestic mammals not allowed--Violation as misdemeanor.

40-3-24. Certain nondomestic mammals not allowed--Violation as misdemeanor.
No person may bring into the state or possess in the state any nondomestic mammal unless the mammal is allowed in the state pursuant to §40-3-25. This section is effective on the date the rules promulgated pursuant to §40-3-25 are effective. Any violation of this section is a Class 2 misdemeanor.
Source:
SL 1993, ch 311, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-25 - Promulgation of rules for bringing nondomestic mammals into state.

40-3-25. Promulgation of rules for bringing nondomestic mammals into state.
The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 to allow to be brought into the state any nondomestic mammals which the board determines would be safe to the public and to the free-roaming animals of the state. Before such rules may be adopted, the Animal Industry Board shall consult with the Game, Fish and Parks Commission.
Source:
SL 1993, ch 311, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-26 - Rules regulating breeding, raising, marketing, and transportation of certain captive nondomestic animals.

40-3-26. Rules regulating breeding, raising, marketing, and transportation of certain captive nondomestic animals.
The Animal Industry Board shall, by rules promulgated pursuant to chapter 1-26, regulate the breeding, raising, marketing, and transportation of any captive nondomestic animal of the mammalia class and the products thereof which is allowed in the state pursuant to §40-3-25. The rules may provide the following:
(1)Require a permit of any person possessing such animals;
(2)Prescribe the application procedures for a permit;
(3)Require a legal description of the premises where such animals are held;
(4)Require an inventory of such animals at the time of application and require reports to provide for the continual accounting of such animals and their offspring;
(5)Require the marking of such animals for identification purposes;
(6)Require facilities and procedures to ensure such animals to be confined from free-roaming animals;
(7)Establish facility requirements and procedures for identification and inspection of such animals by the board;
(8)Establish the grounds for denial, suspension, or revocation of a permit and for the seizure and disposition of any unlawfully held animal; and
(9)Establish a fee for a permit which may not exceed one hundred dollars.
Source:
SL 1993, ch 311, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-27 - Programs for identification of animals and premises involved in animal movements--Records--Purpose.

40-3-27. Programs for identification of animals and premises involved in animal movements--Records--Purpose.
The Animal Industry Board may develop and implement specific programs for the identification of animals and premises involved in animal movements. Any program implemented pursuant to §§40-3-27 to 40-3-29, inclusive, must provide for confidentiality of identification records other than those records requested by law enforcement officers of the state and those records used for mandatory disease control or eradication efforts. A livestock owner may choose to identify animals using any methods set forth in 9 C.F.R. part 86, as adopted on January 9, 2013, as well as any additional methods that are later approved by the South Dakota Animal Industry Board pursuant to this section.
Any identification program implemented pursuant to §§40-3-27 to 40-3-29, inclusive, shall be for the sole purpose of maintaining animal health and ensuring the safety of the food supply.
Source: SL 2005, ch 219, §1; SL 2022, ch 156, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-28 - Development of identification program conflicting with or superceding state brand laws prohibited.

40-3-28. Development of identification program conflicting with or superceding state brand laws prohibited.
The Animal Industry Board may not develop and implement any identification program that conflicts with or supercedes any provision of the state brand laws.
Source:
SL 2005, ch 219, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-29 - Promulgation of rules for implementation of identification programs.

40-3-29. Promulgation of rules for implementation of identification programs.
The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 for the implementation of identification programs concerning:
(1)Descriptions of the systems used to implement identification programs;
(2)Methods and procedures to foster cooperation with industry, other states, and the federal government in implementing identification programs;
(3)Definitions to be used in identification programs;
(4)Types of identification approved in identification programs;
(5)Methods for tracking movements of animals included in identification programs;
(6)Penalties for intentional removal of official identification devices from animals within the state or from animals imported into the state;
(7)Confidentiality of identification records other than those used for mandatory disease control and eradication programs;
(8)Types and species of animals included in identification programs; and
(9)Criteria for defining programs as voluntary or mandatory.
Source:
SL 2005, ch 219, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-30 - Animal disease research and diagnostic laboratory bond redemption and operations fund.

40-3-30. Animal disease research and diagnostic laboratory bond redemption and operations fund.
There is hereby created the state animal disease research and diagnostic laboratory bond redemption and operations fund. Interest earned on money in the fund shall be deposited in the fund. The fund shall be administered by the Animal Industry Board.
Source:
SL 2017, ch 43, §6, eff. Mar. 17, 2017.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-1 - Spread of disease germs or contamination of water as misdemeanor.

40-5-1. Spread of disease germs or contamination of water as misdemeanor.
No person may leave exposed or scatter or place any substance containing virulent livestock disease germs, or any bottle or container thereof, in such manner as may result in the spread of livestock disease, or as may infect any animal with such disease germs, or as may contaminate any stream or body of water or any land, yards, or premises with such disease germs. Any violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §§40.0111, 40.9901; SL 1977, ch 190, §455; SL 1990, ch 325, §26.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-1.1 - Definition of terms.

40-5-1.1. Definition of terms.
Terms used in this chapter mean:
(1)"Animals," any mammal, bird, reptile, amphibian, crustacean, or fish, except humans;
(2)"Captive wild animals," any wild animal held in man-made confinement or physically altered to limit movement and facilitate capture;
(3)"Domestic animals," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;
(4)"Exotic animals," any animal not occurring naturally in the United States either currently or historically;
(5)"Nondomestic animals," any animal that is not domestic;
(6)"Wild animals," any animal not in captivity, other than domestic animals;
(7)"Zoological animals," any animal in any zoo or intended to be used in a zoo.
Source:
SL 1989, ch 349, §7; SL 1990, ch 325, §27; SL 2019, ch 182, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-5.1 - Rules concerning permits for importation of rams and testing for disease.

40-5-5.1. Rules concerning permits for importation of rams and testing for disease.
The Animal Industry Board may promulgate rules pursuant to chapter 1-26 to provide for the issuance of any necessary permits or certificates for rams intended for importation into this state and the methodology for inspections, examination, or testing for epididymitis.
Source:
SL 1987, ch 295; SL 1988, ch 323, §1; SL 1990, ch 325, §32.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-7 - Contagious disease of any animal to be reported to board.

40-5-7. Contagious disease of any animal to be reported to board.
Any person who discovers, suspects, or has reason to believe that any animal is affected with, or has been exposed to, any contagious, infectious, epidemic, or communicable disease, shall promptly report to the Animal Industry Board. The board may keep such reports confidential, except for those reports concerning diseases that are specifically regulated for mandatory control and eradication to protect the public health, other livestock, or wildlife.
Source:
SDC 1939, §40.0107; SL 1982, ch 282, §2; SL 1990, ch 325, §34; SL 1997, ch 229, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-8 - Board powers in suppression of contagious diseases and parasites--Regulation of importation, release, sale, loan, lease, or distribution of animals--Violation as misdemeanor.

40-5-8. Board powers in suppression of contagious diseases and parasites--Regulation of importation, release, sale, loan, lease, or distribution of animals--Violation as misdemeanor.
If written notice is given to the owner or keeper of any animal that a quarantine is established, the Animal Industry Board may take any action necessary to control, prevent, suppress, and eradicate any contagious, infectious, epidemic, and communicable disease and infestation of destructive parasites among the domestic and nondomestic animals of this state. The board may regulate or prohibit the importation, release to the wild, sale, loan, lease, or other distribution or translocation of any animal into and within the state to ensure documentation as disease-free. The Animal Industry Board may regulate or prohibit such transactions between and among private entities, local government agencies, state government agencies, federal government agencies, and nonprofit and other corporations, including, but not limited to, game farms, game preserves, zoos, exhibitions, sales, humane societies, and rehabilitation facilities. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §40.0501; SL 1950 (SS), ch 9, §1; SL 1982, ch 282, §1; SL 1989, ch 349, §1; SL 1990, ch 325, §35.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-8.2 - Authority to inspect, examine, test, and quarantine animals--Violation as misdemeanor.

40-5-8.2. Authority to inspect, examine, test, and quarantine animals--Violation as misdemeanor.
The Animal Industry Board may inspect, examine, test, and quarantine any animal or any geographic area within the state if necessary to control, prevent, or eradicate any threat to the health and well-being of the animal industry of the state, including domestic and nondomestic animals. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1989, ch 349, §2; SL 1990, ch 325, §36.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-8.3 - Authority to seize and destroy nondomestic animals--Coordination with Department of Game, Fish and Parks.

40-5-8.3. Authority to seize and destroy nondomestic animals--Coordination with Department of Game, Fish and Parks.
The Animal Industry Board may seize and destroy any nondomestic animal that is determined by the board to endanger the health and well-being of domestic animal populations. The board's authority in this chapter is independent of other state agencies, but the board shall coordinate with the Department of Game, Fish and Parks if wild animals are involved.
Source:
SL 1989, ch 349, §3; SL 1990, ch 325, §37.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-8.4 - Requirements for movement of nondomestic animal into state--Violation as misdemeanor.

40-5-8.4. Requirements for movement of nondomestic animal into state--Violation as misdemeanor.
No nondomestic animal may be moved into the state unless the animal is determined to be free of contagious or infectious diseases or parasites harmful to the domestic and nondomestic animals native to South Dakota. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1989, ch 349, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-8.5 - Authority of board to prosecute violations--Limitation on liability of board or its agents.

40-5-8.5. Authority of board to prosecute violations--Limitation on liability of board or its agents.
The Animal Industry Board may proceed against any person violating any provision of this chapter. No liability accrues to the board as a result of reasonable actions taken pursuant to this section.
Source:
SL 1989, ch 349, §5; SL 1990, ch 325, §38.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-8.6 - Authority to promulgate rules.

40-5-8.6. Authority to promulgate rules.
The Animal Industry Board may promulgate rules, pursuant to chapter 1-26, governing actions or conditions that may be taken, required, or regulated, in regard to any contagious, infectious, epidemic, communicable, or transmissible disease or disorder in or transmissible to livestock, including, but not limited to, quarantine, testing, inspection, regulation of transactions, seizure or destruction of animals, transportation or introduction of animals into the state, and other control measures.
Source:
SL 1989, ch 349, §8; SL 1990, ch 325, §39; SL 1998, ch 250, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-9 - Board orders for suppression of disease--Killing of infected animals.

40-5-9. Board orders for suppression of disease--Killing of infected animals.
The Animal Industry Board may make such orders as it may deem necessary for the proper control, suppression, and eradication of any such disease or infestation as described by §40-5-8; and to kill any animal so affected if any such disease or parasitic infestation is determined to be incurable or if the owner refuses or fails to take appropriate steps to cure the diseased or infested condition, as determined by the board, after written notice to so do.
Source:
SDC 1939, §40.0501; SL 1950 (SS), ch 9, §1; SL 1990, ch 325, §40.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-10 - Orders of board--Signature.

40-5-10. Orders of board--Signature.
The Animal Industry Board may make any order required to carry out properly the objects of §§40-5-8 to 40-5-14, inclusive. All such orders shall be in writing, signed by the president and secretary if made by the board, or by the officer or agent making the order, as the case may be.
Source:
SDC 1939, §40.0502; SL 1990, ch 325, §41.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-11 - Emergency quarantine orders effective immediately.

40-5-11. Emergency quarantine orders effective immediately.
In case of any emergency requiring immediate effect of a quarantine order pursuant to §40-5-10, the emergency shall be recited in the order and any notice given thereof, and the order and notice shall become effective immediately upon service or posting of either. Publication shall be made thereafter as prescribed in §40-5-12.
Source:
SDC 1939, §40.0502; SL 1990, ch 325, §42.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-12 - Publication of board orders--Effective date.

40-5-12. Publication of board orders--Effective date.
Every order pursuant to §40-5-10, if it affects the entire state or any portion thereof greater than one county, shall, except as provided in §40-5-11, become effective upon its publication in one issue of any legal daily newspaper printed and of general circulation in this state or if it affects any county, municipality, or township, upon its publication in one issue of any legal newspaper printed in such county, municipality, or township, or if there be no legal newspaper printed therein, upon its being posted in five public places therein. Nothing in this section prevents the giving of further publicity to any such order.
Source:
SDC 1939, §40.0502; SL 1990, ch 325, §43; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-13 - Violation of board quarantine as misdemeanor--Second violation as felony.

40-5-13. Violation of board quarantine as misdemeanor--Second violation as felony.
It is a Class 1 misdemeanor for any person to remove any animal which has been placed in quarantine, pursuant to the provisions of §§40-5-8 to 40-5-12, inclusive, from the place of quarantine or to place another animal therein, without the written consent of the Animal Industry Board, until such quarantine has been released by the board.
Any second or subsequent violation of this section is a Class 6 felony.
Source:
SDC 1939, §40.9905; SL 1977, ch 190, §458; SL 1990, ch 325, §44.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-14 - Person with notice of board order not permitted to question publication.

40-5-14. Person with notice of board order not permitted to question publication.
No person having actual notice of any order made by the Animal Industry Board may question the validity of its publication, posting, or service.
Source:
SDC 1939, §40.0502; SL 1990, ch 325, §45.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-15 - Disposal of carcasses subject to board order.

40-5-15. Disposal of carcasses subject to board order.
The Animal Industry Board may require any owner, caretaker, or custodian of animals that have died from any cause, to dispose of the carcasses in such manner as the board may order, rule, or prescribe. The disposal of such carcasses shall be at the owner's expense.
Source:
SDC 1939, §40.0110; SL 1939, ch 149, §2; SL 1947, ch 177; SL 1990, ch 325, §46.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-16 - Burial or burning of carcasses by sheriff on board order--Access to premises.

40-5-16. Burial or burning of carcasses by sheriff on board order--Access to premises.
The sheriff of each county shall cause to be buried or burned the carcasses of all animals remaining unburied, unburned, or otherwise undisposed of after notice from the Animal Industry Board that such carcasses have remained unburied, unburned, or otherwise undisposed of. The sheriff may enter upon any premises where any such carcass is for the purpose of carrying out the provisions of this section.
Source:
SDC 1939, §40.0110 as added by SL 1939, ch 149, §2; SL 1947, ch 177; SL 1990, ch 325, §47.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-17 - Compensation of sheriff for disposal of carcasses--Recovery of expenses from owner.

40-5-17. Compensation of sheriff for disposal of carcasses--Recovery of expenses from owner.
The board of county commissioners shall allow such sums for services pursuant to §40-5-16 as they deem reasonable and the sheriff shall be paid upon vouchers, as other claims against the county are paid. The owner of such animal is liable to the county for the expense of such burial or burning, to be recovered in a civil action, unless the owner thereof pays such expenses within thirty days after notice and demand.
Source:
SDC 1939, §40.0110 as added by SL 1939, ch 149, §2; SL 1947, ch 177; SL 1990, ch 325, §48.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-18 - Notice to governor of epidemic beyond board's control.

40-5-18. Notice to governor of epidemic beyond board's control.
In case of a serious outbreak of any contagious, infectious, epidemic, or communicable disease among animals, which cannot be controlled with the funds at the disposal of the Animal Industry Board, the board shall at once notify the Governor.
Source:
SDC 1939, §40.0108; SL 1990, ch 325, §49.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock › Section 40-5-19 - County and municipal expenditures for disease control--Cooperation with state and federal agencies.

40-5-19. County and municipal expenditures for disease control--Cooperation with state and federal agencies.
Boards of county commissioners and governing bodies of municipalities may appropriate and expend money for the control or eradication of any infectious, contagious, and communicable diseases among livestock within their respective boundaries. Such funds shall be used in cooperation with the State Animal Industry Board and the United States Department of Agriculture.
Source:
SDC 1939, §40.0115; SL 1990, ch 325, §50; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 12 - Rabies Control › Section 40-12-1 - Confinement of animals required in localities where rabies exists--Neglect as misdemeanor.

40-12-1. Confinement of animals required in localities where rabies exists--Neglect as misdemeanor.
In localities where rabies exists, the Animal Industry Board may require that any animal deemed likely to spread such disease shall be muzzled, caged, tied, or confined in any manner that may be deemed necessary. It is a Class 1 misdemeanor for any owner or person in charge of any animal so ordered to be muzzled, caged, tied, or confined, to refuse or neglect to carry out such order.
Source:
SDC 1939, §40.0601; SL 1977, ch 190, §481; SL 1990, ch 325, §208.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 12 - Rabies Control › Section 40-12-2 - Destruction of rabid animal required.

40-12-2. Destruction of rabid animal required.
If the Animal Industry Board determines that rabies exists in any animal, the board may kill such animal and any animal there is reason to believe has been bitten by any animal affected with rabies.
Source:
SDC 1939, §40.0601; SL 1990, ch 325, §209.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 12 - Rabies Control › Section 40-12-4 - Definition of terms.

40-12-4. Definition of terms.
Terms used in this chapter mean:
(1)"Department," the Department of Health;
(2)"Owner," any person who has a right of property in a pet, keeps or harbors a pet or who has it in his care or acts as its custodian, or permits a pet to remain on or about any premises occupied by him;
(3)"Pet," any dog, cat, or other species of carnivore kept for domestication or display.
Source:
SL 1988, ch 324, §1; SL 1990, ch 325, §210.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 12 - Rabies Control › Section 40-12-5 - Confinement of pet after attack upon person--Violation as misdemeanor.

40-12-5. Confinement of pet after attack upon person--Violation as misdemeanor.
The department may serve written notice upon the owner of any dog or cat which has attacked or bitten a person to confine the animal at the owner's expense upon his premises or at a city pound or other place designated in the notice for a period of at least ten days after the animal has attacked or bitten any person. The department may examine the animal at any time within the ten-day period of confinement to determine whether such animal shows symptoms of rabies. In the case of any pet other than a dog or cat, which has attacked or bitten a person, the department may serve written notice upon the owner of such animal that the owner shall have the animal euthanized immediately and submit the brain to an approved laboratory for rabies examination. Any owner who fails to comply with a written notice served pursuant to this section is guilty of a Class 1 misdemeanor.
Source:
SL 1988, ch 324, §2; SL 1990, ch 325, §211.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 12 - Rabies Control › Section 40-12-6 - Confinement of pet bitten by animal suspected of having rabies--Violation as misdemeanor.

40-12-6. Confinement of pet bitten by animal suspected of having rabies--Violation as misdemeanor.
The department may serve written notice upon the owner of a dog or cat known to have been bitten by an animal known or suspected of being affected by rabies, requiring the owner to confine such dog or cat for a period of not less than six months. However, if such dog or cat had been properly treated with an antirabic vaccine, confinement shall be for a period of not less than three months. In the case of any pet other than a dog or cat, the department may serve written notice upon the owner of such animal that the owner shall have the animal euthanized immediately. Any owner who fails to comply with a written notice served pursuant to this section is guilty of a Class 1 misdemeanor.
Source:
SL 1988, ch 324, §3; SL 1990, ch 325, §212.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 14 - Importation Of Livestock › Section 40-14-1 - Restrictions on importation from quarantine areas outside state.

40-14-1. Restrictions on importation from quarantine areas outside state.
The Animal Industry Board may restrict importation from quarantine areas established by it without this state during such time interval as may be necessary to prevent the importation of animals with contagious, infectious, epidemic, or communicable disease or infested with destructive parasites into the state.
Source:
SDC 1939, §40.0301 as added by SL 1950 (SS), ch 7, §1; SL 1990, ch 325, §225.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 14 - Importation Of Livestock › Section 40-14-2 - Certificate of veterinary inspection required for importation of livestock--Exceptions--Violation as felony.

40-14-2. Certificate of veterinary inspection required for importation of livestock--Exceptions--Violation as felony.
Any animal brought into this state for any purpose except immediate slaughter or as otherwise provided for in rules promulgated pursuant to chapter 1-26 by the Animal Industry Board shall be accompanied by a certificate of veterinary inspection, issued by authority of the state or territory from which it originates, or by authority of the United States Department of Agriculture. The certificate shall verify that the animal is free from signs of contagious, infectious, epidemic, or communicable disease, and from signs of infestation of destructive parasites. The certificate shall verify that the animal does not originate from a district of quarantine, infestation, or infection, and that it has been inspected within a period of not more than thirty days before the arrival of the animal. Any person who brings animals into the state in violation of this section is guilty of a Class 6 felony.
Source:
SDC 1939, §40.0301; SL 1950 (SS), ch 7, §1; SL 1977, ch 190, §483; SL 1979, ch 270, §1; SL 1990, ch 325, §226; SL 2012, ch 199, §1; SL 2013, ch 202, §146.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 14 - Importation Of Livestock › Section 40-14-3 - Notice and permit for importation of animals without certificate.

40-14-3. Notice and permit for importation of animals without certificate.
Any person desiring to bring any animal into the state without the certificate of veterinary inspection required by §40-14-2 shall notify the Animal Industry Board, stating the number and kind of animal and the name and address of the consignee and consignor. The board may issue a permit for the animal to enter the state, if the Animal Industry Board has no reason to believe that the animal is affected, infected, or infested with any such disease or parasite or originated from a district of quarantine, infestation, or infection.
Source:
SDC 1939, §40.0301; SL 1950 (SS), ch 7, §1; SL 1990, ch 325, §227; SL 2013, ch 202, §147.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 14 - Importation Of Livestock › Section 40-14-4 - Quarantine and examination of stock imported without certificate--Release as misdemeanor--Expenses of examination.

40-14-4. Quarantine and examination of stock imported without certificate--Release as misdemeanor--Expenses of examination.
Any animal brought into the state without the certificate of veterinary inspection required by §40-14-2, even if the animal was brought into the state pursuant to a permit authorized by §40-14-3, shall be detained at their destination or some other suitable place under quarantine until they have been examined by the Animal Industry Board and a certificate of veterinary inspection issued. It is a Class 1 misdemeanor for any person to release any animal until the proper health certificate has been issued according to the provisions of this chapter except by consent of the Animal Industry Board. All charges and expenses for making any such examination shall be paid by the owner of the animal.
Source:
SDC 1939, §40.0301; SL 1950 (SS), ch 7, §1; SL 1977, ch 190, §484; SL 1990, ch 325, §228; SL 2013, ch 202, §148.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 14 - Importation Of Livestock › Section 40-14-5 - Continuing quarantine when imported animals found infected--Treatment.

40-14-5. Continuing quarantine when imported animals found infected--Treatment.
If upon any examination held pursuant to §40-14-4 it is found that any animal is or has been affected, infected, or exposed to any contagious, infectious, epidemic, or communicable disease or to infestation by destructive parasite that is dangerous or detrimental to the health of the livestock of this state, such animal shall be held in quarantine until released by the Animal Industry Board. Any animal so found to be affected, infected, infested, or exposed to any such disease or parasites that is amenable to treatment, shall be treated according to instructions of such board.
Source:
SDC 1939, §40.0301; SL 1950 (SS), ch 7, §1; SL 1977, ch 190, §485; SL 1990, ch 325, §229.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 14 - Importation Of Livestock › Section 40-14-7 - Animals from Indian reservation treated as imported.

40-14-7. Animals from Indian reservation treated as imported.
The removal of animal from any Indian reservation within this state to any other part of the state, except animals intended for immediate shipment or immediate slaughter, and horses in actual use, are subject to all the provisions of this chapter.
Source:
SDC 1939, §40.0307; SL 1990, ch 325, §230.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 14 - Importation Of Livestock › Section 40-14-8 - Saddle and work horses and mules exempt from requirements when in use.

40-14-8. Saddle and work horses and mules exempt from requirements when in use.
Nothing in this chapter may be construed to interfere with or prevent saddle or work horses or mules from crossing and recrossing the state line when in actual use.
Source:
SDC 1939, §40.0306; SL 1990, ch 325, §231.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 14 - Importation Of Livestock › Section 40-14-9 - Removal or release of animals shipped under false billing as misdemeanor.

40-14-9. Removal or release of animals shipped under false billing as misdemeanor.
It is a Class 1 misdemeanor for any person to remove from the care or custody of any transportation company, without the consent of the Animal Industry Board, any animal that has been billed or represented as "steers" if such livestock are not steers, or any animal that has been falsely billed or falsely labeled, until the laws of this state and the regulations of the Animal Industry Board governing the inspection and testing of animals have been complied with. It is a Class 1 misdemeanor for any person to release any such animal from the custody of a transportation company without the consent of the board until the laws of this state and the rules of the board have been complied with.
Source:
SDC 1939, §40.0304; SL 1977, ch 190, §487; SL 1990, ch 325, §232.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 14 - Importation Of Livestock › Section 40-14-10 - Certification by veterinarian without inspection of animals as misdemeanor.

40-14-10. Certification by veterinarian without inspection of animals as misdemeanor.
It is a Class 1 misdemeanor for any veterinarian to issue a certificate of veterinary inspection or test chart if the veterinarian has not properly inspected or tested the livestock to which it relates, in accordance with the statements in the certificate and the procedures indicated on the test chart, or to represent in the certificate or test chart that the veterinarian has inspected or tested any animal if the veterinarian has not personally and properly made the inspection or test.
Source:
SDC 1939, §40.0309; SL 1977, ch 190, §488; SL 1990, ch 325, §233; SL 2013, ch 202, §149.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-1 - Business constituting livestock auction agency--Exceptions.

40-15-1. Business constituting livestock auction agency--Exceptions.
Any person operating a place of business where livestock are bought and sold through public auction, including livestock buying stations not buying and selling through public auction, is a livestock auction agency, except any place or operation where future farmers or 4-H groups or fair associations or private fairs conduct sales of livestock, any place or operation conducted for a dispersal sale of the livestock of a farmer, dairyman, livestock breeder, or feeder who is discontinuing said business and no other livestock is sold or offered for sale, and any place of operation where a breeder or an association of breeders of livestock assemble and offer for sale and sell under their own management any livestock.
Source:
SDC 1939 §40.2001; SL 1961, ch 204, §1; SL 1970, ch 232, §1; SL 1990, ch 325, §235.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-1.1 - Buying stations subject to chapter.

40-15-1.1. Buying stations subject to chapter.
The term, livestock buying station, refers to any person who buys, sells, or solicits livestock for the purpose of resale within the State of South Dakota, whether such livestock are raised in the state or brought into South Dakota from another state. However, any person who sells only livestock which he has produced and raised in South Dakota and such agencies that buy or sell livestock for slaughter only and those bonded dealers whose business is buying and selling livestock so far as the buying or selling is conducted at licensed and South Dakota inspected markets, are not livestock buying stations.
Source:
SL 1970, ch 232, §2; SL 1990, ch 325, §236.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-1.2 - "Mobile market" defined.

40-15-1.2."Mobile market" defined.
The term, livestock mobile market refers to any livestock auction agency conducted with mobile facilities as necessary for the receiving, handling, and care of livestock consigned or entrusted to it for sale and sold competitively by means of the marketing and merchandising services it renders.
Source:
SL 1970, ch 232, §3; SL 1990, ch 325, §237.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-1.3 - "Livestock" defined.

40-15-1.3."Livestock" defined.
For purposes of this chapter, the term, livestock, means cattle, sheep, horses, mules, swine, goats, and buffalo.
Source:
SL 2002, ch 191, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-2 - License required for auction agency--Display at place of sales--Violation as petty offense.

40-15-2. License required for auction agency--Display at place of sales--Violation as petty offense.
No livestock auction agency may operate without a license, which shall always be displayed at a conspicuous place on the premises where sales are conducted. A violation of this section is a petty offense. Each day of violation is a separate offense.
Source:
SDC 1939, §40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, §1; SL 1957, ch 203, §1; SL 1961, ch 204, §2; SL 1990, ch 325, §238; SL 1992, ch 158, §89.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-3 - Application for auction agency license--Contents.

40-15-3. Application for auction agency license--Contents.
All applications for a license to operate a livestock auction agency shall be made in writing to the Animal Industry Board in the form prescribed by the board and shall contain:
(1)The name and addresses of the applicant and all persons having any financial interest in the application and the amount of such interest;
(2)Financial responsibility of the applicant in the form of a statement of assets and liabilities;
(3)A legal description of the property and its location together with a description of the facilities proposed to be used in the operation of such livestock auction agency;
(4)A statement of the facts upon which the applicant relies, the benefits to be derived by the livestock industry and the services proposed to be rendered regularly through the year;
(5)Applicant's experience in the livestock industry including any past operation of a livestock auction agency.
Source:
SDC 1939, §40.2002 as added by SL 1961, ch 204, §2; SL 1990, ch 325, §239.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-4 - Hearing on application for license--Notice to livestock associations of application.

40-15-4. Hearing on application for license--Notice to livestock associations of application.
Upon filing of an application pursuant to §40-15-3, the Animal Industry Board shall determine whether a hearing need be held upon such application. If the board determines that a hearing need be held, it shall fix a reasonable time and place for hearing. The board shall cause a copy of such application, together with notice of time and place of hearing thereon, to be served by mail not less than fifteen days prior to such hearing upon all statewide livestock associations in the state who have filed written notice with the board of a request to receive notice of such hearings and such other livestock associations, as in the opinion of the board would be interested in such application.
Source:
SDC 1939, §40.2002 as added by SL 1961, ch 204, §2; SL 1968, ch 157; SL 1990, ch 325, §240.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-5 - Publication and public notice of application for license.

40-15-5. Publication and public notice of application for license.
The Animal Industry Board shall give further notice of a hearing on an application for a license to operate a livestock auction agency by publication of the notice thereof once in a daily or weekly newspaper circulated in the municipality where such applicant intends to conduct a livestock auction agency, and such other notice as the board deems necessary to give public notice of such time and place of hearing to persons interested therein.
Source:
SDC 1939, §40.2002 as added by SL 1961, ch 204, §2; SL 1990, ch 325, §241; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-6 - Hearing on application for license--Issuance on finding of conformity.

40-15-6. Hearing on application for license--Issuance on finding of conformity.
If after a hearing upon an application for a license to operate a livestock auction agency, at which interested persons may appear in support or opposition thereto, the Animal Industry Board finds from the evidence presented that the physical facilities of such livestock auction agency conforms to the requirements of the rules of the Animal Industry Board and the statutes applicable to such agencies, such license shall be issued to the applicant.
Source:
SDC 1939, §40.2002 as added by SL 1961, ch 204, §2; SL 1990, ch 325, §242.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-7 - Factors considered in determining whether to issue license.

40-15-7.Factors considered in determining whether to issue license.
In determining whether a license to operate a livestock auction agency should be granted or denied, the Animal Industry Board shall give reasonable consideration to:
(1)The ability of the applicant to comply with the Federal Packers and Stockyard Act, as amended (7 U.S. C. §181 et seq.) and the rules of the Animal Industry Board;
(2)The continuing financial stability, business integrity, and fiduciary responsibility of the applicant;
(3)The livestock industry marketing benefits to be derived from the establishment and operation of the livestock auction agency proposed in the application;
(4)The adequacy of the facilities set forth to permit the performance of livestock agency services proposed in the application;
(5)Whether the proposed livestock auction agency would be permanent and continuous.
Source:
SDC 1939, §40.2002 as added by SL 1961, ch 204, §2; SL 1990, ch 325, §243.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-8 - Annual fee for issuance or renewal of license.

40-15-8. Annual fee for issuance or renewal of license.
The fee for a license to operate a livestock auction agency shall be one hundred dollars. The license shall be issued for a period of one year and may be renewed from year to year upon the payment of a like sum for each renewal. The fee shall be paid to and license and renewals issued by the Animal Industry Board.
Source:
SDC 1939, §40.2002; SL 1941, ch 166; SL 1949, ch 147; SL 1955, ch 141, §1; SL 1957, ch 203, §1; SL 1961, ch 204, §2; SL 1990, ch 325, §244.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-9 - Notice and hearing dispensed with on renewal of license.

40-15-9. Notice and hearing dispensed with on renewal of license.
Upon application for the renewal of any existing license, the Animal Industry Board may dispense with the notice and hearing required by §§40-15-4 to 40-15-6, inclusive, if it is satisfied from the application for renewal and applicant's prior record that the applicant has been in active business under its existing license during the term covered by such license and has complied with statutes of the state applicable to livestock auction agencies and the rules of the Animal Industry Board during the period covered by the license sought to be renewed.
Source:
SDC 1939, §40.2002 as added by SL 1961, ch 204, §2; SL 1990, ch 325, §245.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-10 - Bond required to operate auction agency--Terms of bond--Approval--Amount--Violation as misdemeanor.

40-15-10. Bond required to operate auction agency--Terms of bond--Approval--Amount--Violation as misdemeanor.
No person may operate a livestock auction agency without first filing with the Animal Industry Board a corporate surety bond as required under the provisions of the Federal Packers and Stockyard Act, 1921, as amended to January 1, 2002, for livestock agencies selling on commission. The bond shall be filed with the Animal Industry Board and a certified copy thereof shall be filed with the chief of the Packers and Stockyards Division of the United States Department of Agriculture. The obligee of the bond is the Animal Industry Board with the executive secretary thereof as trustee, with full power and authority to consider claims and pay valid claims from bond proceeds, subject to applicable federal law. The bond shall be for the benefit of all persons sustaining loss which may be covered by the obligation of the bond. The bond shall be approved by the Animal Industry Board as to its sufficiency and by the attorney general as to form prior to filing. The amount of the bond may not be less than twenty thousand dollars. Any person who operates a livestock auction agency in violation of this section is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §40.2003; SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170; SL 1977, ch 190, §491; SL 1990, ch 325, §246; SL 2002, ch 191, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 15 - Livestock Auction Agencies › Section 40-15-11 - Cancellation of auction agency bond by surety--New bond before continuing business.

40-15-11. Cancellation of auction agency bond by surety--New bond before continuing business.
The bond required by §40-15-10 may be canceled by the surety thereon by not less than thirty days' prior written notice to the Animal Industry Board and such cancellation does not in any manner affect the liability of the surety as to anything occurring prior thereto. In the event of such cancellation, no further operations may be conducted by the livestock auction agency until a bond or security has been provided, approved, and filed as required in §40-15-10.
Source:
SDC 1939, §40.2003; SL 1941, ch 167; SL 1947, ch 178; SL 1965, ch 170; SL 1990, ch 325, §247.