Title 40 — ANIMALS AND LIVESTOCK

A milk plant or marketing organization of milk, milk products, sheep milk, or goat milk that processes or markets Manufacturing Grade or Grade A milk shall pay an inspection service fee for each dairy farm. The inspection fee shall be one hundred dollars per Grade A or fifty doll…

A reinspection fee of two hundred dollars per inspection shall be paid to the secretary by the milk plant or marketing organization for each dairy farm inspection exceeding the required biannual Grade A or annual Manufacturing Grade farm facility inspection resulting from adverse…

Each milk plant requiring inspection service from the department on pasteurization units shall annually pay two hundred fifty dollars per pasteurization unit to the secretary. The inspection fee shall be paid annually and is due July first of each year. A one-hundred-fifty-dollar…

The department shall impose a penalty in addition to the inspection fee that is more than one month delinquent. Such penalty shall be ten percent of the total fee each month or portion of a month. Source: SL 1988, ch 329 , § 5.

Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the dairy inspection fund. Expenditures of these funds shall be made pursuant to provisions of chapter 4-7 , not to exceed sixty percent of the total dairy program budg…

This chapter shall in no way apply to religious, hospital, charitable, state, county, or educational institutions or organizations not engaged in the business of manufacturing or processing for sale, milk or milk products. Source: SL 1957, ch 92 , § 1; SDC Supp 1960, § 4.1901.

Any person dealing in any product governed by this chapter shall give the secretary all aid within his power in discovering any product, and all records pertaining to that product, which may be suspected of being in violation of this chapter. Any refusal to render such aid is a C…

The secretary may, by written or oral notice, require any police officer to assist in inspecting any place or product subject to the provisions of this chapter. Source: SL 1992, ch 290 , § 2.

Any milk or milk product which is adulterated, misbranded, or otherwise illegal is contraband and subject to condemnation and disposal as provided in §§ 40-32-34 and

The secretary may seize or quarantine by tagging or otherwise marking any milk or milk product which is, or which is suspected of being, contraband and for this purpose is vested with police powers. The tag or marking shall be notice to all persons not to remove or otherwise mole…

The secretary upon seizing or quarantining contraband pursuant to § 40-32-34 may, within two days, petition the circuit court for the county in which the contraband material is found for condemnation of the material. The court shall fix a time and place of hearing and provide for…

Any person engaged in the operation of a receiving station, transfer station, bulk milk pick-up tanker, milk transport tank, plant fabricating single-service articles or milk distributor in South Dakota, or any person buying milk produced in South Dakota, or any person selling mi…

The license fee for the following facilities requiring licenses is as follows: (1) In-state milk processing plant (by pounds of milk or milk product produced): (a) Less than 100,000 pounds per day, two hundred fifty dollars; (b) 100,000 to 500,000 pounds, inclusive, per day, five…

Each license for a milk plant shall record the name of the person owning or operating the plant licensed, the plant's place of business, the location of the plant, the name of the manager, and the number of the license. Each license so issued shall constitute a license to the man…

No license for a milk plant is transferable from one person to another, but may be transferred from one location to another in the same municipality with the approval of the secretary of agriculture and natural resources. Source: SDC 1939, § 4.1903; SL 1941, ch 4 ; SL 1945, ch 14…

Each license issued pursuant to § 40-32-5 is good for one year or any fraction thereof, and shall terminate on December thirty - first of each year. Source: SDC 1939, § 4.1903; SL 1941, ch 4 ; SL 1945, ch 14 ; SL 1953, ch 8 ; SL 1957, ch 92 , § 3; SL 1965, ch 6 ; SL 1969, ch 8 , …

The secretary of agriculture and natural resources or his duly authorized representative may suspend a dairy products license for failure to comply with any existing dairy statutes or regulations for such time as may be necessary for the owner or operator to make the necessary co…

Terms used in this chapter mean: (1) "Due date," seven days from the date of delivery of produce by the seller to the dealer at wholesale in the case of a sale, and in all cases where produce is consigned, seven days from the date the sale is made by the broker or handler to the …

Any person claiming himself to be damaged by any breach of the conditions of a bond given by a dealer at wholesale, as provided in § 40-33-7 , may enter complaint thereof to the secretary of agriculture and natural resources, which complaint shall be a written statement of the fa…

Upon filing of the complaint in the manner provided in § 40-33-10 the secretary of agriculture and natural resources shall investigate the charges made and, at his discretion, order a hearing before him, giving the party complained of notice of the filing of the complaint and the…

If settlement is not effected within the time allowed by § 40-33-11 , either party, if aggrieved by any condition of the bond, may, upon first obtaining the approval of the secretary of agriculture and natural resources, commence and maintain an action against the principal and s…

The record of the hearing before the secretary of agriculture and natural resources pursuant to § 40-33-11 shall be competent evidence in any court having jurisdiction. Source: SL 1955, ch 5 , § 5; SDC Supp 1960, § 4.2405; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.

If the dealer at wholesale has become liable to more than one person by reason of breaches of the conditions of the bond and the amount of the bond is insufficient to pay the entire liability to all persons entitled to the protection of the bond, the penalty of the bond as agains…

In all cases where the liability of the dealer at wholesale exceeds the amount of his bond, or where the amount of the claims does not exceed the amount of the bond, and the claimants so request in writing, the secretary of agriculture and natural resources shall commence an acti…

Repealed by SL 1991, ch 186 , § 26 40-33-17 Suspension or revocation of license on violation of this chapter.

The secretary of agriculture and natural resources may, upon ten days' notice and opportunity to be heard, suspend, revoke, or cancel the license of a person adjudicated to be in violation of this chapter. Source: SL 1955, ch 5 , § 6; SDC Supp 1960, § 4.9916; SL 1991, ch 186 , § …

Except as provided by §§ 40-33-3 to 40-33-5 , inclusive, any person who shall buy or sell, contract to buy or sell, or handle on account of or as agent for another, and any person who shall similarly engage in the business of assembling and trucking for such purposes, any eggs, p…

A producer who sells eggs produced only by his own flock, or poultry raised by him, or poultry products processed by him from his own flock, or dairy products produced by him from his own herd, shall not be deemed a dealer at wholesale within the meaning of this chapter. Source: …

Any resident of South Dakota who purchases, and at the time of purchase makes full payment in cash therefor, South Dakota eggs, poultry, poultry products, or dairy products, shall not be deemed a dealer at wholesale within the meaning of this chapter. Source: SL 1955, ch 5 , § 2;…

Cooperative associations having not more than forty percent of nonmember patrons shall not be deemed dealers at wholesale within the meaning of this chapter. Source: SL 1955, ch 5 , § 2; SDC Supp 1960, § 4.2402 (3); SL 1963, ch 9 , § 2. 40-33-6. Repealed by SL 1977, ch 190 , § 53…

40-33-8 Additional bond required when wholesale dealer's bond inadequate. 40-33-9 Statements of business required of wholesale dealer--Suspension or revocation of license for failure to comply. 40-33-10 Complaint to secretary of damage from breach of bond conditions. 40-33-11 Inv…

Any dealer at wholesale, as defined in this chapter, in addition to securing a license from the secretary of agriculture and natural resources, if such be required by the laws of this state, shall execute and file with the secretary a bond to the State of South Dakota with sureti…

The secretary of agriculture and natural resources, when he is of the opinion that any bond theretofore given by any dealer at wholesale is inadequate for the proper protection of the public, may require the dealer at wholesale to give additional bonds in such amounts as from tim…

For the purpose of fixing or changing the amount of bonds required by § 40-33-7 , the secretary of agriculture and natural resources may require from a dealer at wholesale verified statements of his business, and if the dealer at wholesale fails to furnish such information or to …

Source: SL 1988, ch 330 , § 1.

It shall be lawful for any person to kill any dog found chasing, worrying, injuring, or killing poultry or domestic animals except on the premises of the owners of said dog or dogs. Source: SDC 1939, § 40.1312.

In funding the program and purposes of § 40-34-9 , the board of county commissioners may use such funds as it may derive from the taxes and licenses provided by § 40-34-5 or its general fund. Source: SL 1975, ch 100 , § 3.

A law enforcement officer may destroy any dog found pursuing, injuring, or killing any big game animal on public lands. Source: SL 1983, ch 291 , § 1.

A landowner or tenant may destroy any dog that pursues, injures, or kills any big game animal on lands owned or controlled by that owner or tenant without incurring any liability. Source: SL 1983, ch 291 , § 2.

Any person owning or keeping a vicious dog as defined in §§ 40-34-13 to 40-34-15 , inclusive, has committed a public nuisance and is subject to the provisions of §§ 21-10-5 and

For the purposes of §§ 40-34-13 to 40-34-15 , inclusive, a vicious dog is: (1) Any dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a human being upon the streets, s…

No dog may be declared vicious if an injury or damage is sustained to any person who was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing, or assaulting the dog or was committing or attem…

No local government, as defined in § 6-1-12 , may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog. This section does not impair the right of any local government unit to enact, maintain…

Any person owning, keeping, or harboring a dog that chases, worries, injures, or kills any poultry or domestic animal is guilty of a Class 2 misdemeanor and is liable for damages to the owner thereof for any injury caused by the dog to any such poultry or animal. All property exc…

In case dogs owned by different persons participate in the chasing, worrying, injuring, or killing of poultry or domestic animals, the owners of the respective dogs may be sued jointly for damages caused thereby in a joint action against the owners of such dogs, and a joint verdi…

The board of county commissioners of each of the counties of the State of South Dakota may provide that if any person owning or keeping more than five dogs shall fail to keep such dogs within the confines of his own property, such failure shall amount to a public nuisance and be …

The board of county commissioners of each of the counties of the State of South Dakota shall have the power to regulate, restrain, or prohibit the running at large of dogs and to impose a license or tax on all dogs not licensed or taxed under municipal ordinance, owned or kept by…

In imposing the fee for licensing of any dog as required in § 40-34-5 , the county commissioners may establish a graduated fee when more than ten dogs are owned or kept by any one person within the county. Source: SL 1964, ch 30 , § 1. 40-34-7. Repealed by SL 1991, ch 186 , § 29

For purposes of §§ 40-34-8 to 40-34-10 , inclusive, the term "animal control services" shall mean and include, but not be limited to, the enforcement of chapter 40-1 and such other services deemed necessary or desirable by the local unit of government or humane society. Source: S…

The board of county commissioners of each county may establish an animal control program within the areas of the county outside of municipalities, and have the power to establish a pound or pounds, appoint poundmasters, and regulate the impounding of all animals, or for the purpo…