reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-12 - Sheriff's lien for expenses.

40-28-12. Sheriff's lien for expenses.
The sheriff has a lien upon animals taken into his possession pursuant to §40-28-11 for the expenses incurred by him as outlined in chapter 40-29.
Source:
SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403; SL 1983, ch 290, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-13 - Unauthorized taking of animal from person with lawful possession as misdemeanor.

40-28-13. Unauthorized taking of animal from person with lawful possession as misdemeanor.
Every person who takes or attempts to take any animal, restrained under the provisions of this chapter, from the possession of the person having the same in charge, without the consent of such person, except by due course of law, is guilty of a Class 2 misdemeanor.
Source:
SL 1885 (Spec. Laws), ch 17, §12; RCCivP 1903, §837; SL 1907, ch 244, §9; RC 1919, §2928; SDC 1939 & Supp 1960, §37.9904; SL 1977, ch 190, §531.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-14 - Recovery of animals from sheriff by giving bond and paying costs.

40-28-14. Recovery of animals from sheriff by giving bond and paying costs.
The owner or person having in charge animals taken into the sheriff's possession pursuant to §40-28-11 may recover the same from the sheriff at any time before the sale by paying all damages and costs or by furnishing to the sheriff the bond provided for in §40-28-9 and at the time of furnishing such bond, paying to the sheriff the costs and disbursements already incurred.
Source:
SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-15 - Foreclosure of lien by sheriff's sale of animals--Service of notice on parties.

40-28-15. Foreclosure of lien by sheriff's sale of animals--Service of notice on parties.
If possession of animals taken into the sheriff's possession pursuant to §40-28-11 shall not be recovered from the sheriff by the owner or person who had the same in charge as provided in §40-28-14, within three days after such taking, then the sheriff shall forthwith proceed to foreclose the lien provided by §40-28-12 by a sale of the animals taken, upon the notice and in the manner provided by law for the foreclosure of chattel mortgages. If the owner or person having such animals in charge is known, such sale may be had upon three days' notice to be given by the sheriff to such owner or person having such animals in charge and to any person or persons holding a lien of record against such animals, such notices to be served in the same manner as provided for service of summons in civil actions.
Source:
SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-16 - County reimbursement of sheriff for costs not recovered from sale--Recovery from owner of animals.

40-28-16. County reimbursement of sheriff for costs not recovered from sale--Recovery from owner of animals.
If the proceeds of a sale pursuant to §40-28-15 shall be insufficient to reimburse the sheriff for his costs and disbursements as provided in §40-28-12, then the county shall reimburse the sheriff for such costs and disbursements as he may have expended in the taking, caring for, and sale of the animals in excess of the amount received from such sale, and the county may recover in a civil action, any amount so expended by it from the owner or person having such animals in charge at the time of such taking.
Source:
SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-17 - Actions by county and landowner for costs and damages--Application of proceeds of sale.

40-28-17. Actions by county and landowner for costs and damages--Application of proceeds of sale.
The county and the person suffering damage from such trespass may sue jointly or severally for their several costs, expenses, and damages; provided that the receipts of the sale shall be applied in the following manner: first, in payment of costs, expenses, and disbursements of the sheriff and any remainder shall be paid to the clerk of the circuit court to be applied upon the payment of any judgment thereafter secured by the person suffering damage, provided that such action shall be brought in the proper court within sixty days from the date of such sale.
Source:
SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-18 - Civil action for damages from trespassing animals--Venue--Procedure.

40-28-18. Civil action for damages from trespassing animals--Venue--Procedure.
Damages under §40-28-4 may be recovered in a civil action, in any court having jurisdiction thereof in the county where such damage may have occurred, and the proceedings shall be the same as in other civil actions, except as modified in this chapter.
Source:
CCivP 1877, §747; SL 1883, ch 115, §1; SL 1885 (Spec. Laws), ch 17, §5; CL 1887, §5569; RCCivP 1903, §§817, 829, 830; SL 1907, ch 244, §1; RC 1919, §2921; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, §37.2401.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-20 - Limitation of actions for damages.

40-28-20. Limitation of actions for damages.
Any person seeking to recover damages pursuant to §40-28-18 shall file suit no later than one year after the trespass occurred or six months after he knew or should have known of the injury resulting from the trespass.
Source:
SL 1883, ch 115, §1; CL 1887, §5569; RCCivP 1903, §817; SL 1907, ch 244, §1; RC 1919, §2921; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, §37.2401; SL 1991, ch 336.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-21 - Surplus proceeds of sale--Disposition.

40-28-21. Surplus proceeds of sale--Disposition.
If the person suffering damage fails to bring an action within the time required or if there is a surplus remaining after the satisfaction of the judgment, the proceeds of a sale pursuant to §40-28-15 shall be paid by the clerk of courts to the owner of the animals. If the owner of the animals fails to claim the proceeds within six months, the money shall be paid over to the county treasurer and credited to the school fund of the county and shall be accounted for and expended as other school money.
Source:
SL 1925, ch 294; SDC 1939 & Supp 1960, §37.2403; SL 1983, ch 290, §5.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-22 - Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.

40-28-22. Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.
If upon the trial of an action brought under §40-28-18 it appears that the defendant is not the owner or person in charge of such offending animal or animals, the action shall be dismissed, and such animal or animals shall be held and considered as estrays and the person claiming damage shall be governed by the provisions of this code relating to estrays.
Source:
CCivP 1877, §752; SL 1885 (Spec. Laws), ch 17, §10; CL 1887, §5574; RCCivP 1903, §§822, 835; SL 1907, ch 244, §6; SL 1917, ch 372, §1; RC 1919, §2926; SDC 1939 & Supp 1960, §37.2405.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-23 - Damages and expenses recovered by landowner.

40-28-23. Damages and expenses recovered by landowner.
Upon the trial of an action under the provisions of this chapter, the plaintiff shall recover the amount of damages sustained and the expenses of keeping the trespassing animal or animals during the time he has restrained and retained the custody thereof.
Source:
CCivP 1877, §751; SL 1885 (Spec. Laws), ch 17, §9; CL 1887, §5573; RCCivP 1903, §§821, 834; SL 1907, ch 244, §5; RC 1919, §2925; SDC 1939 & Supp 1960, §37.2406.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-24 - Judgment against plaintiff when no damage sustained.

40-28-24. Judgment against plaintiff when no damage sustained.
If it shall appear upon the trial of an action under the provisions of this chapter that no damage was sustained, judgment shall be rendered against the plaintiff for cost of suit and damage sustained by defendant.
Source:
CCivP 1877, §751; CL 1887, §5573; RCCivP 1903, §821; SL 1907, ch 244, §5; RC 1919, §2925; SDC 1939 & Supp 1960, §37.2406.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-25 - Judgment as lien on trespassing animals.

40-28-25. Judgment as lien on trespassing animals.
Any judgment rendered in an action under the provisions of this chapter shall be a lien upon such animals and the same may be sold and the proceeds applied to the satisfaction of the judgment as in other cases of sale of personal property on execution.
Source:
CCivP 1877, §751; SL 1885 (Spec. Laws), ch 17, §9; CL 1887, §5573; RCCivP 1903, §§821, 834; SL 1907, ch 244, §5; RC 1919, §2925; SDC 1939 & Supp 1960, §37.2406.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 28 - Damage By Animals Trespassing Or Running At Large › Section 40-28-26 - Exemptions limited to absolute exemptions.

40-28-26. Exemptions limited to absolute exemptions.
No property shall be exempt from seizure and sale under executions issued upon any judgment obtained under or by virtue of this chapter except such as is absolutely exempt.
Source:
CCivP 1877, §747; SL 1883, ch 115, §1; CL 1887, §5569; RCCivP 1903, §817; SL 1907, ch 244, §1; RC 1919, §2921; SL 1919, ch 350; SL 1921, ch 405; SL 1933, ch 6; SDC 1939 & Supp 1960, §37.2401.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 29 - Estrays › Section 40-29-24 - Report by person taking up estray--Violation as misdemeanor.

40-29-24. Report by person taking up estray--Violation as misdemeanor.
Any person taking up an estray shall provide a written description of the estray and report where the estray was found within ten days thereafter to the county sheriff or the State Brand Board. Any person who fails to notify the sheriff or the board is guilty of a Class 1 misdemeanor.
Source:
SL 1988, ch 328, §115.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 29 - Estrays › Section 40-29-25 - Sale of estray--Disposition of proceeds.

40-29-25. Sale of estray--Disposition of proceeds.
If the animal is determined to be an estray by the sheriff or the board, it shall be promptly sold through the most convenient livestock auction market. The net proceeds of such sale shall be paid to the board to be placed into the brand inspection and theft prevention fund. If ownership of the estray is not determined within one year from the date the estray was found the net proceeds of the sale of the estray shall escheat to the South Dakota livestock ownership inspection and theft prevention fund.
Source:
SL 1988, ch 328, §116.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 29 - Estrays › Section 40-29-26 - Claim for expense of feeding and keeping estray--Liability for loss of estray.

40-29-26. Claim for expense of feeding and keeping estray--Liability for loss of estray.
Any person who finds an estray may within a period of one year from the date the estray is found, file a claim with the board for the expense incurred in feeding and keeping such estray if he reported the estray pursuant to §40-29-24. If such claim is filed, the board shall determine the validity of the claim filed. If any estray shall, without the fault of the person taking up the animal, die or be stolen or escape and wander away, the person taking up the animal may not be held responsible therefor.
Source:
SL 1988, ch 328, §117.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-1 - Definition of terms.

40-31-1. Definition of terms.
Terms used in this chapter mean:
(1)"Association," the American Dairy Association of South Dakota;
(2)"Dealer," any person who buys, sells, manufactures, processes, or ships dairy products or who acts as sales or purchasing agent, broker, or factor of dairy products;
(3)"Person," individuals, corporations, limited liability companies, partnerships, trusts, associations, cooperatives, and any and all other business units;
(4)"Processor," one who converts milk or cream into a manufactured dairy product;
(5)"Producer," every person who produces milk or cream from cows or goats and thereafter sells the same as milk, cream, or other dairy products.
Source:
SL 1951, ch 5, §1; SL 1955, ch 4, §1; SDC Supp 1960, §4.2201; SL 1994, ch 351, §98.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-2 - Association created--Producer and processor members--Nonvoting members.

40-31-2. Association created--Producer and processor members--Nonvoting members.
There is hereby created an American Dairy Association of South Dakota. This association shall be composed of three dairy producers and two dairy processors who are residents of this state, with the secretary of agriculture and natural resources or the secretary's representative, the head of the dairy department of the South Dakota State University, and the state executive member of the American Dairy Association acting as nonvoting members.
Source: SL 1951, ch 5, §2; SL 1955, ch 4, §2; SDC Supp 1960, §4.2202; SL 2004, ch 260, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-2.1 - Direction and supervision by Department of Agriculture and Natural Resources--Independent functions retained by Association.

40-31-2.1. Direction and supervision by Department of Agriculture and Natural Resources--Independent functions retained by Association.
The American Dairy Association of South Dakota shall be administered under the direction and supervision of the Department of Agriculture and Natural Resources and the secretary thereof, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in §1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of agriculture and natural resources. The staff director of the association shall be nominated by the association and appointed by the secretary of agriculture and natural resources to serve at the pleasure of the secretary of agriculture and natural resources.
Source: SL 1973, ch 2, §135; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-2.2 - Cooperative agreements to fund or conduct dairy promotion efforts.

40-31-2.2. Cooperative agreements to fund or conduct dairy promotion efforts.
The secretary of agriculture and natural resources may enter agreements to fund or conduct dairy promotion efforts in cooperation with regional and national dairy promotion programs, on behalf of the American Dairy Association of South Dakota.
Source: SL 2004, ch 260, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-3 - Nomination, appointment and terms of producer members.

40-31-3. Nomination, appointment and terms of producer members.
The Governor shall appoint the producer members of the American Dairy Association from among a list of nominees supplied by any statewide nonprofit dairy organization incorporated under state law, for a period of three years, beginning on October thirty-first with one producer member to be appointed each year as the terms of previous appointees expire. The appointee's term shall expire on October thirtieth in the third year of appointment. The list of nominees shall comprise at least twice the number of appointments to be made.
Source:
SL 1951, ch 5, §2; SL 1955, ch 4, §2; SDC Supp 1960, §4.2202; SL 2004, ch 260, §3; SL 2012, ch 16, §20.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-4 - Nomination, appointment and terms of processor members.

40-31-4. Nomination, appointment and terms of processor members.
The processor members of the American Dairy Association shall be appointed by the Governor from among a list of nominees supplied by the South Dakota Dairy Association. The list shall be at least twice the number of appointments to be made. Each term is for a period of two years beginning on October thirty-first with one processor member to be appointed each year as the term of a previous appointee expires.
Source:
SL 1951, ch 5, §2; SL 1955, ch 4, §2; SDC Supp 1960, §4.2202; SL 2013, ch 176, §13.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-6 - Officers of association--Orders and rules--Bonds required.

40-31-6. Officers of association--Orders and rules--Bonds required.
The American Dairy Association shall have the power and duty to elect a chairman, vice-chairman, secretary, and treasurer who shall be members of the association and such other officers as it may deem advisable, and may adopt orders for the exercise of its powers and the performance of its duties. The association shall cause its officers to be adequately bonded for the faithful performance of their duties and the strict accounting for all funds of the association. The association may promulgate rules pursuant to chapter 1-26 concerning:
(1)Declaratory rulings;
(2)Reporting requirements;
(3)Assessments and collection procedures; and
(4)Refunds and refund procedures.
Source:
SL 1951, ch 5, §3; SL 1955, ch 4, §3; SL 1957, ch 5, §3; SDC Supp 1960, §§4.2203(1), 4.2208; SL 1986, ch 326, §90.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-7 - Employment and compensation of other personnel.

40-31-7. Employment and compensation of other personnel.
The Department of Agriculture and Natural Resources shall have the power and duty to employ for the American Dairy Association and discharge at its pleasure such attorneys, advertising counsel, clerks, and employees as it deems necessary and to prescribe their duties and fix their compensation.
Source: SL 1951, ch 5, §3; SL 1955, ch 4, §3; SDC Supp 1960, §4.2203 (3); SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-8 - Offices of Association--Expenses--Contracts and agreements.

40-31-8. Offices of Association--Expenses--Contracts and agreements.
The Department of Agriculture and Natural Resources shall have the power and duty to establish offices for the American Dairy Association and incur any and all expense and to enter into any and all contracts and agreements for the proper administration and enforcement of this chapter.
Source: SL 1951, ch 5, §3; SL 1955, ch 4, §3; SDC Supp 1960, §4.2203 (4); SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-9 - Assessment on milk produced in state--Application.

40-31-9. Assessment on milk produced in state--Application.
There is hereby levied an assessment of ten cents per hundred weight on all milk produced in the state. However, the provisions of this section do not apply to milk produced outside of the state or to milk consumed upon the farm where produced.
Source:
SL 1951, ch 5, §5; SL 1955, ch 4, §5; SL 1957, ch 5, §1; SDC Supp 1960, §4.2205 (1); SL 1971, ch 227, §1; SL 2004, ch 260, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-11 - Assessment collected by first dealer--Producers responsible for payment.

40-31-11. Assessment collected by first dealer--Producers responsible for payment.
All assessments levied and imposed under this chapter shall be deducted from the price paid to the producer and shall be collected by the first dealer, provided, however, that:
(1)Where the producer sells directly to the consumer, the taxes aforesaid shall be collected from such producer;
(2)Where the producer sells outside the State of South Dakota, the assessments aforesaid shall be due and payable by such producer except that agreements may be made with dealers outside of the state for the purpose of collecting the assessments aforesaid from such dealers.
Source:
SL 1951, ch 5, §5; SL 1955, ch 4, §5; SL 1957, ch 5, §1; SDC Supp 1960, §4.2205 (2); SL 1964, ch 4, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-12 - Record of milk handled by dealers and producers--Form--Report--Preservation--Inspection.

40-31-12. Record of milk handled by dealers and producers--Form--Report--Preservation--Inspection.
All dealers and producers charged under this chapter with the obligation of collecting and remitting the assessment imposed by this chapter shall keep a complete and accurate record of all milk subject to assessments by this chapter which may be handled. The record shall be in such form and contain such information and be reported to the South Dakota Department of Agriculture and Natural Resources at such times as the American Dairy Association may prescribe. The record shall be preserved by the person charged with keeping the record for a period of two years. The record is subject to inspection by the South Dakota Department of Agriculture and Natural Resources.
Source: SL 1951, ch 5, §6; SL 1955, ch 4, §6; SL 1957, ch 5, §2; SDC Supp 1960, §4.2206; SL 1971, ch 227, §2; SL 2004, ch 260, §5; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-13 - Monthly return of dairy products handled by dealer or producer.

40-31-13. Monthly return of dairy products handled by dealer or producer.
Every dealer or producer charged by this chapter or by agreement with the keeping of records provided in this chapter shall, as the American Dairy Association by its regulations may require, file with the association a return on or before the fifteenth day of each month, on forms to be prescribed and furnished by the association stating the quantity of dairy products subject to assessment during the preceding month and such other information as the association may reasonably require. A copy of such return shall be retained by all dealers for inspection by the producers selling to them.
Source:
SL 1951, ch 5, §7; SL 1955, ch 4, §7; SDC Supp 1960, §4.2207; SL 1976, ch 253.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-14 - Computation of assessment by association when monthly return not filed.

40-31-14. Computation of assessment by association when monthly return not filed.
In case any person charged under this chapter with the obligation of filing a return or collecting and remitting the assessment imposed by this chapter fails to make a return when due, or fails to collect or remit such assessment as herein provided, an officer of the American Dairy Association designated by it for such purpose after ten days' notice to such person shall have a hearing thereon and determine the amount of such tax according to his best judgment and information, which amount so fixed by the association officer shall be prima facie correct.
Source:
SL 1951, ch 5, §10; SL 1957, ch 5, §4; SDC Supp 1960, §4.2210; SL 1964, ch 4, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-15 - Payment of assessment computed by Association--Penalty and interest.

40-31-15. Payment of assessment computed by Association--Penalty and interest.
Any person charged under this chapter with the obligation of filing a return who fails to do so shall, within ten days after notice of the amount of tax fixed and computed by the officer pursuant to §40-31-14 is mailed to that person, pay the tax, together with a penalty of ten percent on the amount of the tax. In addition to the penalty, if payment is not made within ten days, interest at the Category D rate of interest as established in §54-3-16 calculated from the date of mailing the notice shall be added to the amount of tax.
Source:
SL 1951, ch 5, §10; SL 1957, ch 5, §4; SDC Supp 1960, §4.2210; SL 1964, ch 4, §3; SL 1983, ch 28, §52; SL 1984, ch 319, §26.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-16 - Recovery of tax, penalty, and interest--Tax collection remedies available.

40-31-16. Recovery of tax, penalty, and interest--Tax collection remedies available.
In the case of failure to pay the tax or any portion of the tax, or any penalty or interest provided for in this chapter, when due, the Department of Agriculture and Natural Resources may recover the amount of the tax, penalty, and interest. The provisions of §§10-59-11 to 10-59-15, inclusive, which provide for the creation, notice, recording, and enforcement of liens, collection by distress warrant, and injunction, apply to and are available for collection of the tax imposed by this chapter. The secretary of agriculture and natural resources shall perform the duties specified for the secretary of revenue in chapter 10-59. However, any lien or suit filed shall be in the name of the Department of Agriculture and Natural Resources.
Source: SL 1951, ch 5, §10; SL 1957, ch 5, §4; SDC Supp 1960, §4.2210; SL 1964, ch 4, §3; SL 2017, ch 66, §6; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-17 - Producer's application for refund of assessment--Approval by association.

40-31-17. Producer's application for refund of assessment--Approval by association.
Any producer desiring a refund of an assessment paid under this chapter must himself make written application to the secretary of the American Dairy Association of South Dakota therefor. Such application may only be made on an annual basis and may only be made within thirty days after July first, of each year on forms provided by the association. Upon receipt of such completed refund application upon such forms, the secretary of the association shall, within thirty days approve the voucher for payment of the net refund due such producer and transmit such voucher to the state auditor.
Source:
SL 1951, ch 5, §5; SL 1955, ch 4, §5; SL 1957, ch 5, §1; SDC Supp 1960, §4.2205 (3); SL 1964, ch 4, §2; SL 1977, ch 323; SL 1978, ch 287.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-18 - Assessments paid into dairy association fund--Purposes for which used--Warrants.

40-31-18. Assessments paid into dairy association fund--Purposes for which used--Warrants.
All moneys received by the Department of Agriculture and Natural Resources from the assessments levied under the provisions of this chapter shall be paid to the state treasurer and placed in a fund designated as the "American Dairy Association of South Dakota fund." Said fund and the accumulations therein are appropriated for the uses and purposes of the association as prescribed by the laws relating to the American Dairy Association of South Dakota. The state auditor shall issue warrants upon such fund approved by the American Dairy Association of South Dakota.
Source: SL 1951, ch 5, §5; SL 1955, ch 4, §5; SL 1957, ch 5, §1; SDC Supp 1960, §4.2205 (2); SL 1964, ch 4, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-19 - Voluntary contributions to association.

40-31-19. Voluntary contributions to association.
The American Dairy Association shall have the power and duty to accept and disburse voluntary contributions for the use and purposes of the association.
Source:
SL 1955, ch 4, §3; SDC Supp 1960, §4.2203 (10).
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-20 - Disbursement of association funds.

40-31-20. Disbursement of association funds.
The American Dairy Association shall have the power and duty to authorize the disbursement of moneys as may be available to it in support of itself and its purposes but only to the extent that such money is available.
Source:
SL 1951, ch 5, §3; SL 1955, ch 4, §3; SDC Supp 1960, §4.2203 (9).
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-21 - Expenses paid from and limited by dairy association fund.

40-31-21. Expenses paid from and limited by dairy association fund.
No part of the expense incurred by the association shall be paid from any other than the American Dairy Association of South Dakota fund and the expenses incurred by the association shall at no time exceed the amount available in the fund.
Source:
SL 1951, ch 5, §8; SL 1955, ch 4, §8; SL 1957, ch 5, §3; SDC Supp 1960, §4.2208.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-22 - Power to sue and be sued--Contract power.

40-31-22. Power to sue and be sued--Contract power.
The Department of Agriculture and Natural Resources, on behalf of the American Dairy Association, shall have the power to sue and be sued and to contract and be contracted with.
Source: SL 1951, ch 5, §2; SL 1955, ch 4, §2; SDC Supp 1960, §4.2202; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-23 - Research activities of department.

40-31-23. Research activities of department.
The Department of Agriculture and Natural Resources shall have the power and duty to conduct scientific research for the purpose of developing and discovering health, food, therapeutic, dietetic, and industrial uses for dairy products.
Source: SL 1951, ch 5, §3; SL 1955, ch 4, §3; SDC Supp 1960, §4.2203 (6); SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-24 - Promotional and advertising activities of department.

40-31-24. Promotional and advertising activities of department.
The Department of Agriculture and Natural Resources shall plan and conduct campaigns for dairy commodity advertising, publicity, and sales promotion, research and educational campaigns, to increase the consumption of dairy products, and may contract for any advertising, publicity, and sales promotion, research and educational service. The department shall have the power and duty to make in the name of the American Dairy Association such advertising contracts and other agreements as it deems desirable, and to promote the sale and consumption of dairy products on either a state or national basis.
Source: SL 1951, ch 5, §§3, 4; SL 1955, ch 4, §§3, 4; SDC Supp 1960, §§4.2203 (7), 4.2204; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-25 - Administration and enforcement of chapter--Necessary powers.

40-31-25. Administration and enforcement of chapter--Necessary powers.
The Department of Agriculture and Natural Resources shall have the power and duty to administer and enforce this chapter and to do and perform all acts and exercise all powers reasonably necessary to effectuate the purposes of this chapter.
Source: SL 1951, ch 5, §3; SL 1955, ch 4, §3; SDC Supp 1960, §4.2203 (2); SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-26 - Record and account maintained by association.

40-31-26. Record and account maintained by association.
The American Dairy Association shall have the power and duty to keep an accurate record and account of its dealings which shall be a public record.
Source:
SL 1951, ch 5, §3; SL 1955, ch 4, §3; SDC Supp 1960, §4.2203 (8).
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-27 - Copies of records as prima facie evidence.

40-31-27. Copies of records as prima facie evidence.
Copies of the proceedings, records, and accounts of the association, when certified by its secretary, shall be admissible in evidence and shall be prima facie evidence of the truth of all statements therein contained.
Source:
SL 1951, ch 5, §2; SL 1955, ch 4, §2; SDC Supp 1960, §4.2202.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-29 - Annual report to Governor.

40-31-29. Annual report to Governor.
The American Dairy Association shall on or before the first day of September of each year make a full and complete report to the Governor of its activities for the twelve months previous.
Source:
SL 1951, ch 5, §9; SL 1955, ch 4, §9; SDC Supp 1960, §4.2209.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-31 - Report of violations to attorney general.

40-31-31. Report of violations to attorney general.
The American Dairy Association shall have the power and duty to report violations of this chapter to the attorney general of the State of South Dakota.
Source:
SL 1951, ch 5, §3; SL 1955, ch 4, §3; SDC Supp 1960, §4.2203 (5).
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 31 - American Dairy Association Of South Dakota › Section 40-31-32 - Severability of provisions.

40-31-32. Severability of provisions.
If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Source:
SL 1951, ch 5, §11; SDC Supp 1960, §4.2211.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-1 - Purpose of chapter.

40-32-1. Purpose of chapter.
The purpose of this chapter is to protect the public health by securing the wholesomeness and purity of milk and milk products, and to prevent fraud and deception in the purchase, manufacture, and sale of milk and milk products.
Source:
SL 1957, ch 92, §1; SDC Supp 1960, §4.1901.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-3 - Exemption of charitable, public, and educational institutions not producing for sale.

40-32-3. Exemption of charitable, public, and educational institutions not producing for sale.
This chapter shall in no way apply to religious, hospital, charitable, state, county, or educational institutions or organizations not engaged in the business of manufacturing or processing for sale, milk or milk products.
Source:
SL 1957, ch 92, §1; SDC Supp 1960, §4.1901.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-4 - License required for milk plants, transporters, stations, distributors, and persons buying or selling milk products.

40-32-4. License required for milk plants, transporters, stations, distributors, and persons buying or selling milk products.
Any person engaged in the operation of a receiving station, transfer station, bulk milk pick-up tanker, milk transport tank, plant fabricating single-service articles or milk distributor in South Dakota, or any person buying milk produced in South Dakota, or any person selling milk, any milk product, or raw milk for human consumption, shall, before beginning business, obtain from the secretary a license for each place of business owned or operated by the person in South Dakota, and for each milk distributor or milk plant buying or selling milk or any milk product in South Dakota.
Source:
SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, §3; SL 1965, ch 6; SL 1969, ch 8, §2; SL 1980, ch 280, §2; SL 1987, ch 299, §2; SL 2009, ch 205, §2; SL 2015, ch 207, §7.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-5 - License fees.

40-32-5. License fees.
The license fee for the following facilities requiring licenses is as follows:
(1)In-state milk processing plant (by pounds of milk or milk product produced):
(a)Less than 100,000 pounds per day, two hundred fifty dollars;
(b)100,000 to 500,000 pounds, inclusive, per day, five hundred dollars;
(c)Over 500,000 pounds per day, one thousand dollars;
(2)Out-of-state milk processing plants or marketing organization, two hundred fifty dollars;
(3)Receiving station, two hundred fifty dollars;
(4)Plant fabricating single-service articles, two hundred fifty dollars;
(5)Milk distributor, two hundred fifty dollars;
(6)Transfer station, one hundred dollars;
(7)Bulk milk pick-up tanker or milk transport tank, fifty dollars;
(8)A producer who packages and sells raw milk for human consumption, fifty dollars.
Source:
SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, §3; SL 1965, ch 6; SL 1969, ch 8, §2; SL 1980, ch 280, §3; SL 1981, ch 286, §11; SL 1987, ch 299, §3; SL 2009, ch 205, §3; SL 2015, ch 207, §8.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-6 - Milk plant license--Contents--Posting.

40-32-6. Milk plant license--Contents--Posting.
Each license for a milk plant shall record the name of the person owning or operating the plant licensed, the plant's place of business, the location of the plant, the name of the manager, and the number of the license. Each license so issued shall constitute a license to the manager or agent of the place of business named in the license and one license shall be sufficient for all manufacturing processes of milk or milk products. Each license issued shall be posted in the office of the plant licensed.
Source:
SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, §3; SL 1965, ch 6; SL 1969, ch 8, §2; SL 1980, ch 280, §4; SL 2009, ch 205, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-7 - Transfer of plant licenses restricted.

40-32-7. Transfer of plant licenses restricted.
No license for a milk plant is transferable from one person to another, but may be transferred from one location to another in the same municipality with the approval of the secretary of agriculture and natural resources.
Source: SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, §3; SL 1965, ch 6; SL 1969, ch 8, §2; SL 1980, ch 280, §5; SL 2009, ch 205, §5; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-8 - Annual expiration of license.

40-32-8. Annual expiration of license.
Each license issued pursuant to §40-32-5 is good for one year or any fraction thereof, and shall terminate on December thirty-first of each year.
Source:
SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, §3; SL 1965, ch 6; SL 1969, ch 8, §2; SL 1980, ch 280, §6; SL 1987, ch 299, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-9 - Suspension of license for failure to comply with law.

40-32-9. Suspension of license for failure to comply with law.
The secretary of agriculture and natural resources or his duly authorized representative may suspend a dairy products license for failure to comply with any existing dairy statutes or regulations for such time as may be necessary for the owner or operator to make the necessary corrections to comply with the dairy statutes and regulations.
Source: SL 1957, ch 92, §5; SDC Supp 1960, §4.1905; SL 1969, ch 8, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-10 - Revocation or suspension of plant license for violations--Notice and opportunity to defend.

40-32-10. Revocation or suspension of plant license for violations--Notice and opportunity to defend.
The secretary shall, upon evidence of violations of the provisions of this chapter and chapters 39-6, 39-7, and 39-8, and any rules promulgated pursuant to those chapters, revoke or suspend any dairy products plant license. However, no license may be revoked except on twenty days' notice to the licensee or the licensee's agent or manager. Any notice shall be served as summons is served in civil actions, specify the substance of the complaint and the time and place at which evidence will be heard in support of the complaint, and that an opportunity will be offered to the licensee complained about to submit evidence and proof in defense of any charge.
Source:
SDC 1939, §4.1906; SL 1957, ch 92, §5; SDC Supp 1960, §4.1905; SL 1969, ch 8, §4; SL 2010, ch 205, §13.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-10.1 - Producer's permit required.

40-32-10.1. Producer's permit required.
A producer engaged in the business of producing milk and offering for sale such milk for purposes other than Grade A milk pursuant to the provisions of chapter 39-6 and before the milk is to be transported from the premises of the producer, shall obtain a permit from the secretary. A producer engaged in the business of producing raw milk for human consumption pursuant to the provisions of chapter 39-6 and before the raw milk is sold directly to the consumer, shall obtain a permit from the secretary.
Source:
SDC 1939, §4.1903 as added by SL 1969, ch 8, §2; SL 1988, ch 329, §6; SL 2009, ch 205, §6; SL 2010, ch 205, §14; SL 2015, ch 207, §9.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-10.2 - Issuance of producer's permit--Compliance with rules and regulations.

40-32-10.2. Issuance of producer's permit--Compliance with rules and regulations.
All milk plants shall submit to the secretary of agriculture and natural resources a list of all such producers who are currently doing business with them and supply the secretary with sufficient information upon which he shall issue a permit, providing that the secretary shall have the discretion to refuse a permit if he deems the producer is not producing a quality product; and further, providing that when the secretary has adopted necessary rules and regulations and on proper notice to the producer the producer shall have thirty days within which to comply; and further providing that the producer shall not be in violation until such time that the secretary has adopted necessary rules and regulations and the producer has been afforded his rights under chapter 1-26.
Source: SDC 1939, §4.1903 as added by SL 1969, ch 8, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-10.3 - Renewal of producer's permit not required--Transfer of permits.

40-32-10.3. Renewal of producer's permit not required--Transfer of permits.
Each permit issued under §40-32-10.2 shall be to the producer and the location named therein and need not be renewed unless revoked by the secretary of agriculture and natural resources. No permit shall be transferable to another location but may be transferred from one producer to another with the approval of the secretary or his duly authorized agent.
Source: SDC 1939, §4.1903 as added by SL 1969, ch 8, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 32 - Milk Plants Producers And Distributors › Section 40-32-10.4 - Suspension of producer's license or permit--Grounds--Sanctions--Court action.

40-32-10.4. Suspension of producer's license or permit--Grounds--Sanctions--Court action.
The department may suspend a producer's license or permit upon failure by the holder of the permit to comply with any of the terms of state statute or promulgated rule or for interference with inspection. In addition to the administrative sanctions available to the department pursuant to this chapter and chapters 39-6, 39-7, and 39-8, any licensed or nonlicensed producer who commits any violation of this chapter or chapters 39-6, 39-7, or 39-8, may be assessed a fine, not to exceed five thousand dollars per violation, or may be subject to injunctive and declaratory relief by the circuit court. All fines collected pursuant to this section are subject to S.D. Const., Art. VIII, §3. The department is not required to seek the administrative sanctions available under this section prior to commencing an action in circuit court against an alleged violator of this chapter or chapters 39-6, 39-7, or 39-8.
Source:
SDC Supp 1960, §4.1905 as added by SL 1969, ch 8, §4; SL 2010, ch 205, §15.