Title 40, ANIMALS AND LIVESTOCK

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; …

It shall be lawful for any person to castrate or cause to be castrated any animal described in § 40-28-1 found running at large; but if any person shall castrate any stallion, bull, ram, or boar, and it shall be proved that such animal was not of a class of stock prohibited from …

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,…

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…

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 claimin…

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, § 75…

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; S…

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; …

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 , § …

For the purpose of §§ 40-28-1 and 40-28-2 the term "running at large" shall mean intentionally left outside of the inclosure of a legal fence, and off of the lands owned or controlled by the owner of such animal. Source: SDC 1939, § 40.1311.

Except as in this chapter otherwise provided, any person owning or having charge or possession of any buffalo, horses, mules, cattle, goats, sheep, or swine that trespass upon the land, either fenced or unfenced, owned by or in possession of any person, or being cropped by any pe…

No person is liable for damages caused by buffalo, horses, cattle, mules, goats, or sheep owned by the person, that trespass upon lands within the exterior boundaries of the Black Hills and Harney National Forests, if the lands were not at the time of the trespass enclosed by a l…

The person claiming injury from trespass of livestock, before commencing action thereon shall notify the owner or person having in charge such livestock, of the injury and probable amount of the damages, provided he knows to whom such livestock belongs. Source: CCivP 1877, § 749;…

Any person suffering injury from trespass of livestock may retain and keep in custody such offending animal or animals until the damages and costs are paid, or until good and sufficient security be given for the same. Source: CCivP 1877, § 750; SL 1885 (Spec. Laws), ch 17 , § 7; …

Whenever any animal or animals are restrained under § 40-28-7 , the person restraining the same shall forthwith notify the owner or person in whose custody the same were at the time the trespass was committed, of the seizure thereof, providing the owner or person who had the same…

The security required by § 40-28-7 shall be in the form of a bond or other undertaking, signed by the owner of the trespassing animal or animals and shall run to the person claiming damages. The bond or other undertaking shall be for twice the amount of damages claimed and in no …

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 misdeme…

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 o…

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 det…

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) "Perso…

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…

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 su…

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…

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 Dai…

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 …

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…

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 …

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 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).

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 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…

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 20…

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 196…

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…

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-…

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 ,…

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…

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, c…

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).

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 196…

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.

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 me…

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).

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 th…

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 …

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 perfor…