Title 40 — ANIMALS AND LIVESTOCK
42 chapters · 565 sections in this title.
SDCL § 40-5-1 Spread of disease germs or contamination of water as misdemeanor
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No person may leave exposed or scatter or place any substance containing virulent livestock disease germs, or any bottle or container thereof, in such manner as may result in the spread of livestock disease, or as may infect any animal with such disease germs, or as may contamina…
SDCL § 40-5-1.1 Definition of terms
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Terms used in this chapter mean: (1) "Animals," any mammal, bird, reptile, amphibian, crustacean, or fish, except humans; (2) "Captive wild animals," any wild animal held in man-made confinement or physically altered to limit movement and facilitate capture; (3) "Domestic animals…
SDCL § 40-5-10 Orders of board--Signature
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The Animal Industry Board may make any order required to carry out properly the objects of §§ 40-5-8 to 40-5-14 , inclusive. All such orders shall be in writing, signed by the president and secretary if made by the board, or by the officer or agent making the order, as the case m…
SDCL § 40-5-11 Emergency quarantine orders effective immediately
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In case of any emergency requiring immediate effect of a quarantine order pursuant to § 40-5-10 , the emergency shall be recited in the order and any notice given thereof, and the order and notice shall become effective immediately upon service or posting of either. Publication s…
SDCL § 40-5-12 Publication of board orders--Effective date
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Every order pursuant to § 40-5-10 , if it affects the entire state or any portion thereof greater than one county, shall, except as provided in § 40-5-11 , become effective upon its publication in one issue of any legal daily newspaper printed and of general circulation in this s…
SDCL § 40-5-13 Violation of board quarantine as misdemeanor--Second violation as felony
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It is a Class 1 misdemeanor for any person to remove any animal which has been placed in quarantine, pursuant to the provisions of §§ 40-5-8 to 40-5-12 , inclusive, from the place of quarantine or to place another animal therein, without the written consent of the Animal Industry…
SDCL § 40-5-14 Person with notice of board order not permitted to question publication
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No person having actual notice of any order made by the Animal Industry Board may question the validity of its publication, posting, or service. Source: SDC 1939, § 40.0502; SL 1990, ch 325 , § 45.
SDCL § 40-5-15 Disposal of carcasses subject to board order
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The Animal Industry Board may require any owner, caretaker, or custodian of animals that have died from any cause, to dispose of the carcasses in such manner as the board may order, rule, or prescribe. The disposal of such carcasses shall be at the owner's expense. Source: SDC 19…
SDCL § 40-5-16 Burial or burning of carcasses by sheriff on board order--Access to premises
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The sheriff of each county shall cause to be buried or burned the carcasses of all animals remaining unburied, unburned, or otherwise undisposed of after notice from the Animal Industry Board that such carcasses have remained unburied, unburned, or otherwise undisposed of. The sh…
SDCL § 40-5-17 Compensation of sheriff for disposal of carcasses--Recovery of expenses from owner
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The board of county commissioners shall allow such sums for services pursuant to § 40-5-16 as they deem reasonable and the sheriff shall be paid upon vouchers, as other claims against the county are paid. The owner of such animal is liable to the county for the expense of such bu…
SDCL § 40-5-18 Notice to governor of epidemic beyond board's control
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In case of a serious outbreak of any contagious, infectious, epidemic, or communicable disease among animals, which cannot be controlled with the funds at the disposal of the Animal Industry Board, the board shall at once notify the Governor. Source: SDC 1939, § 40.0108; SL 1990,…
SDCL § 40-5-19 County and municipal expenditures for disease control--Cooperation with state and federal agencies
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Boards of county commissioners and governing bodies of municipalities may appropriate and expend money for the control or eradication of any infectious, contagious, and communicable diseases among livestock within their respective boundaries. Such funds shall be used in cooperati…
SDCL § 40-5-5.1 Rules concerning permits for importation of rams and testing for disease
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The Animal Industry Board may promulgate rules pursuant to chapter 1-26 to provide for the issuance of any necessary permits or certificates for rams intended for importation into this state and the methodology for inspections, examination, or testing for epididymitis. Source: SL…
SDCL § 40-5-7 Contagious disease of any animal to be reported to board
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Any person who discovers, suspects, or has reason to believe that any animal is affected with, or has been exposed to, any contagious, infectious, epidemic, or communicable disease, shall promptly report to the Animal Industry Board. The board may keep such reports confidential, …
SDCL § 40-5-8 Board powers in suppression of contagious diseases and parasites--Regulation of importation, release, sale, loan, lease, or distribution of animals--Violation as misdemeanor
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If written notice is given to the owner or keeper of any animal that a quarantine is established, the Animal Industry Board may take any action necessary to control, prevent, suppress, and eradicate any contagious, infectious, epidemic, and communicable disease and infestation of…
SDCL § 40-5-8.2 Authority to inspect, examine, test, and quarantine animals--Violation as misdemeanor
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The Animal Industry Board may inspect, examine, test, and quarantine any animal or any geographic area within the state if necessary to control, prevent, or eradicate any threat to the health and well - being of the animal industry of the state, including domestic and nondomestic…
SDCL § 40-5-8.3 Authority to seize and destroy nondomestic animals--Coordination with Department of Game, Fish and Parks
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The Animal Industry Board may seize and destroy any nondomestic animal that is determined by the board to endanger the health and well - being of domestic animal populations. The board's authority in this chapter is independent of other state agencies, but the board shall coordin…
SDCL § 40-5-8.4 Requirements for movement of nondomestic animal into state--Violation as misdemeanor
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No nondomestic animal may be moved into the state unless the animal is determined to be free of contagious or infectious diseases or parasites harmful to the domestic and nondomestic animals native to South Dakota. A violation of this section is a Class 1 misdemeanor. Source: SL …
SDCL § 40-5-8.5 Authority of board to prosecute violations--Limitation on liability of board or its agents
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The Animal Industry Board may proceed against any person violating any provision of this chapter. No liability accrues to the board as a result of reasonable actions taken pursuant to this section. Source: SL 1989, ch 349 , § 5; SL 1990, ch 325 , § 38.
SDCL § 40-5-8.6 Authority to promulgate rules
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The Animal Industry Board may promulgate rules, pursuant to chapter 1-26 , governing actions or conditions that may be taken, required, or regulated, in regard to any contagious, infectious, epidemic, communicable, or transmissible disease or disorder in or transmissible to lives…
SDCL § 40-5-9 Board orders for suppression of disease--Killing of infected animals
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The Animal Industry Board may make such orders as it may deem necessary for the proper control, suppression, and eradication of any such disease or infestation as described by § 40-5-8 ; and to kill any animal so affected if any such disease or parasitic infestation is determined…