reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-10.5 - Revocation of producer's permit--Hearing required--Suspension prior to hearing.

40-32-10.5. Revocation of producer's permit--Hearing required--Suspension prior to hearing.
A producer's permit may be revoked by the secretary of agriculture and natural resources for due cause after the holder of a permit has been given the opportunity for a hearing before the secretary. The secretary shall, upon the request of the holder of a permit, fix the time and place for such hearing. No permit shall be revoked prior to the hearing herein provided, but a permit may be suspended prior to such time and said suspension shall be in full force and effect until the hearing at which time the secretary shall make his final determination.
Source: SDC Supp 1960, §4.1905 as added by SL 1969, ch 8, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-10.6 - Dairy fieldman's service provided by plant.

40-32-10.6. Dairy fieldman's service provided by plant.
Any milk plant purchasing milk for purposes other than Grade A as set forth in chapter 39-6 shall provide adequate and continuous service of a dairy fieldman in determining for the secretary of agriculture and natural resources by inspection of each dairy farm selling milk to such plant that the facilities and methods of production are in compliance with this chapter and the rules and regulations adopted thereunder. A dairy fieldman shall have access, ingress, and egress to all such dairy farms.
Source: SDC Supp 1960, §4.1904 as added by SL 1969, ch 8, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-10.7 - Dairy fieldman's license required--Application and fee--Expiration.

40-32-10.7. Dairy fieldman's license required--Application and fee--Expiration.
Any person performing the duties of a dairy fieldman shall first obtain a license by applying on a form provided by the secretary of agriculture and natural resources. Upon receipt of the application and a fee of fifty dollars, the secretary shall determine if the applicant is competent and qualified before issuing the license. Each license for a dairy fieldman is valid for one year or any fraction thereof and terminates on July first of each year.
Source: SDC Supp 1960, §4.1904 as added by SL 1969, ch 8, §3; SL 1971, ch 228; SL 1981, ch 286, §12; SL 2009, ch 205, §7; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-10.8 - Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authority of secretary to suspend permit.

40-32-10.8. Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authority of secretary to suspend permit.
The secretary of agriculture and natural resources may make provisions for the dairy fieldman's assistance in the reinstatement of a producer permit: Provided, that a suspension of a producer's permit shall only be made by the secretary or his duly authorized agent.
Source: SDC Supp 1960, §4.1904 as added by SL 1969, ch 8, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-10.9 - Revocation of dairy fieldman's license--Hearing required.

40-32-10.9. Revocation of dairy fieldman's license--Hearing required.
The secretary of agriculture and natural resources may revoke a dairy fieldman's license for due cause after the holder of the license has been given an opportunity for a hearing, the holder of the license shall be given notice in writing of the time and place of such hearing at least ten days before the date of such hearing.
Source: SDC Supp 1960, §4.1906 as added by SL 1969, ch 8, §5; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-11 - Tester and grader to be maintained in dairy products plant--License required.

40-32-11. Tester and grader to be maintained in dairy products plant--License required.
A tester and grader of cream and milk, duly qualified to sample, test, and grade cream and milk and licensed as required in §§40-32-12 to 40-32-16, inclusive, shall be maintained in every creamery, cream station, or milk plant. No individual can sample, test, or grade cream or milk, where the samples, tests, or grades are used as the basis of payment to the producer, without first securing a license from the secretary of agriculture and natural resources.
Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-12 - Application for tester and grader's license--Fee--Examination of applicant.

40-32-12. Application for tester and grader's license--Fee--Examination of applicant.
Applications for a tester and grader's license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. Upon receipt of an application and a fee of fifty dollars, each applicant shall be given an examination prescribed by the secretary. The examination shall determine the applicant's knowledge of South Dakota laws pertaining to the dairy industry and shall contain an actual demonstration by the applicant, sampling, testing, and grading milk.
Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3; SL 1981, ch 286, §13; SL 2009, ch 205, §8; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-13 - Licenses for sampling and grading.

40-32-13. Licenses for sampling and grading.
An application for a sampling and grading license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. A fee of fifty dollars shall be submitted with the application. A license shall be issued to persons for sampling and grading of milk at a milk plant, or for the operator of a bulk tank truck picking up milk at the farm, upon satisfactory completion of an examination pertaining to sampling and grading and an evaluation of sampling methods. Each license shall be stamped, "Sampler Only" or "Bulk Hauler."
Source: SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3; SL 2009, ch 205, §9; SL 2016, ch 205, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-14 - Issuance of tester and grader's license or sampling and grading license--Duration.

40-32-14. Issuance of tester and grader's license or sampling and grading license--Duration.
After successful completion of the examination required by §§40-32-12 and 40-32-13, the secretary of agriculture and natural resources shall issue a tester and grader's license or sampling and grading license. Each license is valid for one year or any fraction thereof and terminated on July first of each year.
Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3; SL 2016, ch 205, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-15 - License withheld from applicant not meeting requirements.

40-32-15. License withheld from applicant not meeting requirements.
The secretary of agriculture and natural resources may withhold a tester and grader's license or a sampling and grading license from any applicant who does not meet the licensing requirements.
Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3; SL 2016, ch 205, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-16 - Posting of tester and grader's license.

40-32-16. Posting of tester and grader's license.
Each tester and grader's license shall be posted in a conspicuous place in the room where the testing and grading is done.
Source:
SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-17 - Suspension or revocation of tester and grader's or sampler and grader's license--Violation as ground for revocation.

40-32-17. Suspension or revocation of tester and grader's or sampler and grader's license--Violation as ground for revocation.
The secretary of agriculture and natural resources may suspend or revoke a tester and grader's license or a sampler and grader's license of any person who fails to comply with the provisions of this chapter. Conviction of a licensee for any violation of this chapter shall be sufficient grounds for revocation of the offender's license.
Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §6; SDC Supp 1960, §4.1906; SL 1969, ch 8, §5; SL 2002, ch 192, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-18 - Promulgation of rules.

40-32-18. Promulgation of rules.
The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 as may be needed to:
(1)Determine and define grades of milk and price differentials to be paid between grades;
(2)Determine and define methods of testing and grading and records to be kept of such testing and grading;
(3)Define individual milk products and set standards for each;
(4)Determine and define methods of production, manufacture, and processing of milk and milk products;
(5)Determine and define construction and sanitation standards for dairy farms and milk plants;
(6)Determine and define construction and sanitation standards for equipment used on dairy farms and milk plants, including transportation equipment for milk and milk products;
(7)Determine and define proper container capacities, labeling, and advertising;
(8)Determine and define duties and responsibilities of a dairy fieldman; and
(9)Review and approve plans and specifications prior to construction.
Source: SDC 1939, §4.1901; SL 1943, ch 9, §13; SL 1957, ch 92, §10; SDC Supp 1960, §4.1910; SL 1969, ch 8, §7; SL 1980, ch 280, §7; SL 1986, ch 326, §91; SL 2009, ch 205, §10; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-20 - Coloring matter mixed with products unfit for human consumption--Failure to comply as misdemeanor.

40-32-20. Coloring matter mixed with products unfit for human consumption--Failure to comply as misdemeanor.
The grader or the secretary's authorized representative, who is grading milk or milk products, shall thoroughly mix with any unlawful milk or milk products, as defined under this chapter or the regulations pertaining thereto, a harmless coloring matter as will render such milk or milk products unfit for human consumption. The failure to comply with this section is a Class 2 misdemeanor.
Source:
SL 1943, ch 9, §7; SL 1957, ch 92, §8; SDC Supp 1960, §4.1908; SL 1991, ch 186, §25; SL 1992, ch 289.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-21 - Exemption of operations otherwise regulated.

40-32-21. Exemption of operations otherwise regulated.
Any part of a milk plant's operations subject to Grade A regulations as set forth in chapter 39-6 or in chapter 39-8, is exempt from all provisions of this chapter except the licensing provisions.
Source:
SL 1957, ch 92, §1; SDC Supp 1960, §4.1901.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-22 - Records and reports to secretary.

40-32-22. Records and reports to secretary.
The secretary of agriculture and natural resources may require such reports and records kept and sent to his office as may be needed for the proper enforcement of this chapter.
Source: SL 1957, ch 92, §9; SDC Supp 1960, §4.1909; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-4 - Dogs at large declared nuisance by county commissioners--Abatement.

40-34-4. Dogs at large declared nuisance by county commissioners--Abatement.
The board of county commissioners of each of the counties of the State of South Dakota may provide that if any person owning or keeping more than five dogs shall fail to keep such dogs within the confines of his own property, such failure shall amount to a public nuisance and be subject to the provisions of §§21-10-5, 21-10-6, and 21-10-9.
Source:
SL 1964, ch 30, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-5 - Running at large prohibited by county--County license or tax on dogs.

40-34-5. Running at large prohibited by county--County license or tax on dogs.
The board of county commissioners of each of the counties of the State of South Dakota shall have the power to regulate, restrain, or prohibit the running at large of dogs and to impose a license or tax on all dogs not licensed or taxed under municipal ordinance, owned or kept by any person within the county.
Source:
SL 1964, ch 30, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-6 - Graduated fee for county dog license.

40-34-6. Graduated fee for county dog license.
In imposing the fee for licensing of any dog as required in §40-34-5, the county commissioners may establish a graduated fee when more than ten dogs are owned or kept by any one person within the county.
Source:
SL 1964, ch 30, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-8 - Pound program--Animal control services defined.

40-34-8. Pound program--Animal control services defined.
For purposes of §§40-34-8 to 40-34-10, inclusive, the term "animal control services" shall mean and include, but not be limited to, the enforcement of chapter 40-1 and such other services deemed necessary or desirable by the local unit of government or humane society.
Source:
SL 1975, ch 100, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-9 - Animal control program in counties--Impounding of animals--Contracts with municipalities.

40-34-9. Animal control program in counties--Impounding of animals--Contracts with municipalities.
The board of county commissioners of each county may establish an animal control program within the areas of the county outside of municipalities, and have the power to establish a pound or pounds, appoint poundmasters, and regulate the impounding of all animals, or for the purposes of providing animal control may contract with a municipality having a pound or a humane society established pursuant to chapter 40-2.
Source:
SL 1975, ch 100, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-10 - Sources of funds for animal control program.

40-34-10. Sources of funds for animal control program.
In funding the program and purposes of §40-34-9, the board of county commissioners may use such funds as it may derive from the taxes and licenses provided by §40-34-5 or its general fund.
Source:
SL 1975, ch 100, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-11 - Destruction by law enforcement officer of dog harming big game.

40-34-11. Destruction by law enforcement officer of dog harming big game.
A law enforcement officer may destroy any dog found pursuing, injuring, or killing any big game animal on public lands.
Source:
SL 1983, ch 291, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-12 - Destruction by owner or tenant of dog harming big game.

40-34-12. Destruction by owner or tenant of dog harming big game.
A landowner or tenant may destroy any dog that pursues, injures, or kills any big game animal on lands owned or controlled by that owner or tenant without incurring any liability.
Source:
SL 1983, ch 291, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-13 - Ownership of vicious dog as public nuisance.

40-34-13. Ownership of vicious dog as public nuisance.
Any person owning or keeping a vicious dog as defined in §§40-34-13 to 40-34-15, inclusive, has committed a public nuisance and is subject to the provisions of §§21-10-5 and 21-10-9.
Source:
SL 1988, ch 330, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-14 - Vicious dog defined.

40-34-14. Vicious dog defined.
For the purposes of §§40-34-13 to 40-34-15, inclusive, a vicious dog is:
(1)Any dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a human being upon the streets, sidewalks, or any public grounds or places; or
(2)Any dog which, on private property, when unprovoked, in a vicious or terrifying manner approaches in apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property.
Source:
SL 1988, ch 330, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-15 - Injury to person trespassing, teasing dog, or attempting to commit crime.

40-34-15. Injury to person trespassing, teasing dog, or attempting to commit crime.
No dog may be declared vicious if an injury or damage is sustained to any person who was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing, or assaulting the dog or was committing or attempting to commit a crime.
Source:
SL 1988, ch 330, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 34 - Dog Licenses And Regulation › Section 40-34-16 - Ordinance specific as to breed of dog prohibited.

40-34-16. Ordinance specific as to breed of dog prohibited.
No local government, as defined in §6-1-12, may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog. This section does not impair the right of any local government unit to enact, maintain, or enforce any form of regulation that applies to all dogs.
Source:
SL 2014, ch 196, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 35 - Domesticated Fur Bearing Animals › Section 40-35-1 - Definition--Documentation required for possession.

40-35-1. Definition--Documentation required for possession.
Domesticated fur-bearing animals are fur-bearing animals pen bred for more than two generations or all fur-bearing animals purchased from a breeder outside the state and brought into the state. All other fur-bearing animals are wild fur-bearing animals. Documentation is required for the possession of live fur-bearing animals as defined in subdivision 41-1-1(11).
Source:
SDC 1939, §25.0806; SL 1983, ch 293, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 35 - Domesticated Fur Bearing Animals › Section 40-35-2 - Private ownership of domesticated animals.

40-35-2. Private ownership of domesticated animals.
Domesticated fur-bearing animals are the subject of private ownership, the title to the same being in the person breeding or purchasing the same.
Source:
SDC 1939, §25.0806.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 35 - Domesticated Fur Bearing Animals › Section 40-35-3 - Breeding of domesticated animals classified as agricultural pursuit--Functions vested in secretary of agriculture and natural resources.

40-35-3. Breeding of domesticated animals classified as agricultural pursuit--Functions vested in secretary of agriculture and natural resources.
For the purposes of all classification and administration of the statutes of the State of South Dakota, executive orders, administrative orders, and regulations pertaining to domestic fox, rabbit, mink, chinchilla, karakul, and all other fur-bearing animals raised in captivity for breeding or other useful purposes:
(1)Such animals and the products thereof are agricultural products; and
(2)The breeding, raising, producing, or marketing of such animals or their products by the producer is considered an agricultural pursuit.
All the functions of the Department of Game, Fish and Parks which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestically raised fur-bearing animals, or products thereof, are hereby transferred to and vested in the secretary of agriculture and natural resources.
Source: SL 1957, ch 114; SDC Supp 1960, §4.0126; SL 1983, ch 293, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-1 - Department of Game, Fish and Parks to cooperate with federal agency in control of injurious wild animals.

40-36-1. Department of Game, Fish and Parks to cooperate with federal agency in control of injurious wild animals.
The Department of Game, Fish and Parks shall cooperate and enter into cooperative agreements with the United States Fish and Wildlife Service or any other agency in the control and disposition of coyotes, feral dogs, fox, and other wild animals in this state that are injurious to livestock, poultry, game, land, and the public health.
Source:
SL 1943, ch 99, §1; SDC Supp 1960, §4.0111; SL 1974, ch 273, §2; SL 1978, ch 288, §2; SL 1983, ch 292, §1; SL 2002, ch 169, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-3 - Department of Agriculture and Natural Resources cooperative agreements for control of injurious wild animals.

40-36-3. Department of Agriculture and Natural Resources cooperative agreements for control of injurious wild animals.
The Department of Agriculture and Natural Resources may enter into cooperative agreements with other governmental agencies, counties, associations, corporations, or individuals if such cooperation is necessary to promote the control and disposition of animals pursuant to §40-36-1.
Source: SL 1943, ch 99, §1; SDC Supp 1960, §4.0111; SL 1978, ch 288, §3; SL 1983, ch 292, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-3.1 - Prairie dog control program on private lands.

40-36-3.1. Prairie dog control program on private lands.
The secretary of game, fish and parks shall establish a program to continue prairie dog control on private lands at the written request and with the cooperation of the participating landowner. The program is to be funded from revenues in the state animal damage control fund.
Source:
SL 1978, ch 288, §7; SL 1983, ch 292, §4.