Title 40, ANIMALS AND LIVESTOCK

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.…

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. …

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 …

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.

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…

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…

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.

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…

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.

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.

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.

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…

No person may bring into the state or possess in the state any nondomestic mammal unless the mammal is allowed in the state pursuant to § 40-3-25 . This section is effective on the date the rules promulgated pursuant to § 40-3-25 are effective. Any violation of this section is a …

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…

The Animal Industry Board shall, by rules promulgated pursuant to chapter 1-26 , regulate the breeding, raising, marketing, and transportation of any captive nondomestic animal of the mammalia class and the products thereof which is allowed in the state pursuant to § 40-3-25 . Th…

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…

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.

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…

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…

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,…

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.

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…

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.

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…

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…

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…