Title 40 — ANIMALS AND LIVESTOCK

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…

40-31-30

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. 40-31-30. Repeale…

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…

40-31-32 Severability of provisions.

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 …

40-31-7 Employment and compensation of other personnel. 40-31-8 Offices of Association--Expenses--Contracts and agreements. 40-31-9 Assessment on milk produced in state--Application. 40-31-10

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…

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 thei…

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 cha…

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 195…

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, § 4.19…

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 d…

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 secretar…

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 h…

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…

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 pur…

A producer's permit may be revoked by the secretary of agriculture and natural resources for due cause after the holder of a permit has been given the opportunity for a hearing before the secretary. The secretary shall, upon the request of the holder of a permit, fix the time and…

Any milk plant purchasing milk for purposes other than Grade A as set forth in chapter 39-6 shall provide adequate and continuous service of a dairy fieldman in determining for the secretary of agriculture and natural resources by inspection of each dairy farm selling milk to suc…

Any person performing the duties of a dairy fieldman shall first obtain a license by applying on a form provided by the secretary of agriculture and natural resources. Upon receipt of the application and a fee of fifty dollars, the secretary shall determine if the applicant is co…

The secretary of agriculture and natural resources may make provisions for the dairy fieldman's assistance in the reinstatement of a producer permit: Provided, that a suspension of a producer's permit shall only be made by the secretary or his duly authorized agent. Source: SDC S…

The secretary of agriculture and natural resources may revoke a dairy fieldman's license for due cause after the holder of the license has been given an opportunity for a hearing, the holder of the license shall be given notice in writing of the time and place of such hearing at …

A tester and grader of cream and milk, duly qualified to sample, test, and grade cream and milk and licensed as required in §§ 40-32-12 to 40-32-16 , inclusive, shall be maintained in every creamery, cream station, or milk plant. No individual can sample, test, or grade cream or …

Applications for a tester and grader's license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. Upon receipt of an application and a fee of fifty dollars, each applicant shall be given an examination prescribed by the secretary…

An application for a sampling and grading license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. A fee of fifty dollars shall be submitted with the application. A license shall be issued to persons for sampling and grading of…

After successful completion of the examination required by §§ 40-32-12 and 40-32-13 , the secretary of agriculture and natural resources shall issue a tester and grader's license or sampling and grading license. Each license is valid for one year or any fraction thereof and termi…

The secretary of agriculture and natural resources may withhold a tester and grader's license or a sampling and grading license from any applicant who does not meet the licensing requirements. Source: SL 1943, ch 9 , § 5; SL 1951, ch 111 , § 4; SL 1957, ch 92 , § 4; SDC Supp 1960…

Each tester and grader's license shall be posted in a conspicuous place in the room where the testing and grading is done. Source: SL 1943, ch 9 , § 5; SL 1951, ch 111 , § 4; SL 1957, ch 92 , § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8 , § 3.

The secretary of agriculture and natural resources may suspend or revoke a tester and grader's license or a sampler and grader's license of any person who fails to comply with the provisions of this chapter. Conviction of a licensee for any violation of this chapter shall be suff…

The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 as may be needed to: (1) Determine and define grades of milk and price differentials to be paid between grades; (2) Determine and define methods of testing and grading and records to …

Terms as used in this chapter, mean: (1) "Bulk milk pick-up tanker," any vehicle, including the truck, tank, and those appurtenances necessary for the tank's use, used by a bulk milk hauler or sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant…

The grader or the secretary's authorized representative, who is grading milk or milk products, shall thoroughly mix with any unlawful milk or milk products, as defined under this chapter or the regulations pertaining thereto, a harmless coloring matter as will render such milk or…

Any part of a milk plant's operations subject to Grade A regulations as set forth in chapter 39-6 or in chapter 39-8 , is exempt from all provisions of this chapter except the licensing provisions. Source: SL 1957, ch 92 , § 1; SDC Supp 1960, § 4.1901.

The secretary of agriculture and natural resources may require such reports and records kept and sent to his office as may be needed for the proper enforcement of this chapter. Source: SL 1957, ch 92 , § 9; SDC Supp 1960, § 4.1909; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. …

The department shall have access, ingress, and egress to all places of business, factories, buildings, or related areas where any milk or milk products are produced, bought, manufactured, held, or stored, including any vehicles used for the transportation of milk or milk products…