Title 40 — ANIMALS AND LIVESTOCK
42 chapters · 565 sections in this title.
SDCL § 40-3-1 Continuation of board--Statutory references to board
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The State Animal Industry Board is continued as a board of state government. The terms "board" or "state board" when used throughout chapters 40-3 to 40-17 , inclusive, refer to the State Animal Industry Board unless a different intention is clear. Source: SDC 1939, § 40.0101; SL…
SDCL § 40-3-1.1 Reports by board to agriculture department--Administrative functions restored to board--Other independent functions
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The State Animal Industry Board is assigned to the South Dakota Department of Agriculture and Natural Resources only to the extent that the board shall report to the Department of Agriculture and Natural Resources. The board retains responsibility for employment of all personnel …
SDCL § 40-3-10 Poultry under board
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In Title 40, the terms "livestock," "domestic animals," and "nondomestic animal" include poultry, unless a different intention is clearly implied. The term "poultry" includes chickens, turkeys, ducks, geese, and any other game bird raised in captivity, excluding pigeons and doves…
SDCL § 40-3-11 Executive secretary as state veterinarian--General duties and responsibilities
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The executive secretary of the Animal Industry Board shall act as state veterinarian and shall secure all information he can obtain regarding the existence of contagious, infectious, or transmissible diseases of livestock and execute all orders, rules, and regulations made by the…
SDCL § 40-3-12 State university veterinary diagnostic laboratory to assist board--Examinations
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The South Dakota State University shall furnish the services of its veterinary diagnostic laboratory to the Animal Industry Board, and it shall make diagnostic examinations of all diseased animals or of such material as may be forwarded to it by the board. Source: SDC 1939, § 40.…
SDCL § 40-3-13 Repealed by SL 1990, ch 325 , § 14 40-3-14 Orders of board--Promulgation of rules
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40-3-15 Publication of bulletins by board. 40-3-16 Access to property and inspections by board. 40-3-17 Examination of witnesses by board--Administration of oaths--Subpoena power. 40-3-18 Fees and mileage of witnesses before board. 40-3-19 Enforcement of board orders by sheriff o…
SDCL § 40-3-14 Orders of board--Promulgation of rules
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The Animal Industry Board may make all such orders for the execution of the powers conferred upon it and the performance of its duties, to effectuate, enforce, and carry out promptly and efficiently the provisions of the statutes relating to its duties, powers, and jurisdiction. …
SDCL § 40-3-15 Publication of bulletins by board
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Bulletins containing the rules of the Animal Industry Board together with such information relating to animals as shall be calculated to promote the purposes of this chapter, may be distributed from time to time by the board to the newspapers of the state, to all persons dealing …
SDCL § 40-3-16 Access to property and inspections by board
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The Animal Industry Board has the right of access to, and inspection of, any place or property if necessary to carry out the powers and duties of the board, or to enforce its rules and orders. Source: SDC 1939, § 40.0105; SL 1990, ch 325 , § 17.
SDCL § 40-3-17 Examination of witnesses by board--Administration of oaths--Subpoena power
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Any member or agent of the Animal Industry Board may examine, under oath, any person believed to possess knowledge of material facts concerning the existence or dissemination or danger of disease among animals, and, for such purpose, has all the powers vested in notaries public t…
SDCL § 40-3-18 Fees and mileage of witnesses before board
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Witnesses attending or testifying pursuant to § 40-3-17 shall receive the same fees and mileage as witnesses in the circuit court, to be paid out of the funds appropriated for the enforcement of this chapter, upon vouchers duly approved by the executive secretary of the Animal In…
SDCL § 40-3-19 Enforcement of board orders by sheriff or law enforcement officer
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The Animal Industry Board may call upon any sheriff or law enforcement officer to execute its orders. Any sheriff or law enforcement officer shall obey the orders of the board. Source: SDC 1939, § 40.0106; SL 1990, ch 325 , § 20.
SDCL § 40-3-2 Composition of board--Appointment and terms of office--Vacancies
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The Animal Industry Board shall consist of eight members appointed by the Governor. Any interested farm, commodity, livestock auction or livestock commission, or veterinary organization may submit nominations to the Governor from which appointments may be made. Each term is for a…
SDCL § 40-3-20 Disposition of fees collected
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All fees collected by the Animal Industry Board shall be deposited in the state treasury. Source: SDC 1939, § 40.0113; SL 1990, ch 325 , § 21.
SDCL § 40-3-21 Administrative expenses paid from appropriated funds
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The salaries and expenses incurred by the Animal Industry Board in administering the statutes within its jurisdiction and in exercise of its powers and duties shall be paid out of funds appropriated for that purpose. Source: SDC 1939, § 40.0114; SL 1990, ch 325 , § 22.
SDCL § 40-3-22 Annual report to Governor
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On the first day of September in each year the Animal Industry Board shall make an annual report to the Governor which shall be published by the State of South Dakota. Source: SDC 1939, § 40.0116; SL 1980, ch 10 , § 10; SL 1990, ch 325 , § 23.
SDCL § 40-3-23 Definitions
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Terms used in this section and in §§ 40-3-24 to 40-3-26 , inclusive, mean: (1) "Animal," any mammal, bird, reptile, amphibian, or fish, except humans; (2) "Captive nondomestic animal," any nondomestic animal or hybrid thereof held in man - made confinement or physically altered t…
SDCL § 40-3-24 Certain nondomestic mammals not allowed--Violation as misdemeanor
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No person may bring into the state or possess in the state any nondomestic mammal unless the mammal is allowed in the state pursuant to §
SDCL § 40-3-25 Promulgation of rules for bringing nondomestic mammals into state
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The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 to allow to be brought into the state any nondomestic mammals which the board determines would be safe to the public and to the free - roaming animals of the state. Before such rules may be adopted, the Ani…
SDCL § 40-3-26 Rules regulating breeding, raising, marketing, and transportation of certain captive nondomestic animals
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The Animal Industry Board shall, by rules promulgated pursuant to chapter 1-26 , regulate the breeding, raising, marketing, and transportation of any captive nondomestic animal of the mammalia class and the products thereof which is allowed in the state pursuant to §
SDCL § 40-3-27 Programs for identification of animals and premises involved in animal movements--Records--Purpose
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The Animal Industry Board may develop and implement specific programs for the identification of animals and premises involved in animal movements. Any program implemented pursuant to §§ 40-3-27 to 40-3-29 , inclusive, must provide for confidentiality of identification records oth…
SDCL § 40-3-28 Development of identification program conflicting with or superceding state brand laws prohibited
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The Animal Industry Board may not develop and implement any identification program that conflicts with or supercedes any provision of the state brand laws. Source: SL 2005, ch 219 , § 2.
SDCL § 40-3-29 Promulgation of rules for implementation of identification programs
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The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 for the implementation of identification programs concerning: (1) Descriptions of the systems used to implement identification programs; (2) Methods and procedures to foster cooperation with industry, other…
SDCL § 40-3-3 Qualifications of board members--Oath of office
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All members of the Animal Industry Board must be residents and electors of the state. One member must be a cattleman, one member must be a sheepman, one member must be a livestock feeder, one member must be a hog producer, one member must be an owner-operator of a livestock aucti…
Animal disease research and diagnostic laboratory bond redemption and operations fund
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There is hereby created the state animal disease research and diagnostic laboratory bond redemption and operations fund. Interest earned on money in the fund shall be deposited in the fund. The fund shall be administered by the Animal Industry Board. Source: SL 2017, ch 43 , § 6,…
SDCL § 40-3-4 President and vice - president of board
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The Animal Industry Board shall elect a president and vice - president from among their number for a term of one year beginning with the annual meeting at which they are elected. Source: SDC 1939, § 40.0101; SL 1953, ch 210 ; SL 1990, ch 325 , § 5.
SDCL § 40-3-5 Appointment of executive secretary--Qualifications--Term of office
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The Animal Industry Board shall appoint an executive secretary who shall be a veterinarian and a graduate of a recognized and approved college of veterinary medicine. He may not be a member of the board. His term of office shall be for one year and until his successor is appointe…
SDCL § 40-3-5.1 Superseded 40-3-6 Employment of other personnel by board
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40-3-7 Compensation and duties of executive secretary and employees--Per diem and expenses of board members and employees. 40-3-8 Meetings of board. 40-3-9 Scope of responsibilities of board. 40-3-10 Poultry under board. 40-3-11 Executive secretary as state veterinarian--General …
SDCL § 40-3-6 Employment of other personnel by board
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The Animal Industry Board may employ and dismiss, at its pleasure, without cause, such other assistants and employees as may be necessary in performance of its duties. Source: SDC 1939, § 40.0101; SL 1953, ch 210 ; SL 1990, ch 325 , § 7.
SDCL § 40-3-7 Compensation and duties of executive secretary and employees--Per diem and expenses of board members and employees
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The compensation and duties of the executive secretary and other assistants and employees of the Animal Industry Board shall be fixed by the board pursuant to chapter 3-6D . Each board member shall receive as compensation for the board's services the amount provided by law for ea…
SDCL § 40-3-8 Meetings of board
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The Animal Industry Board shall hold its meetings in Pierre at such times as it designates, but there may not be more than four regular meetings each year, including the annual meeting which shall be held on the first Tuesday after the second Monday in July of each year, at which…
SDCL § 40-3-9 Scope of responsibilities of board
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The Animal Industry Board shall protect the health of livestock including poultry in South Dakota, determine and employ the most efficient and practical means for prevention, suppression, control, and eradication of dangerous, contagious, infectious, or transmissible diseases amo…