Title 40 — ANIMALS AND LIVESTOCK

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 §

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 §

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…

40-3-7 Compensation and duties of executive secretary and employees--Per diem and expenses of board members and employees. 40-3-8 Meetings of board. 40-3-9 Scope of responsibilities of board. 40-3-10 Poultry under board. 40-3-11 Executive secretary as state veterinarian--General …

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…

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…

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…

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…

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…

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…

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…

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.

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…

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…

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…

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,…

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…

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…

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, …

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…

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…

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…

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 …

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.

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…

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…

In localities where rabies exists, the Animal Industry Board may require that any animal deemed likely to spread such disease shall be muzzled, caged, tied, or confined in any manner that may be deemed necessary. It is a Class 1 misdemeanor for any owner or person in charge of an…

If the Animal Industry Board determines that rabies exists in any animal, the board may kill such animal and any animal there is reason to believe has been bitten by any animal affected with rabies. Source: SDC 1939, § 40.0601; SL 1990, ch 325 , § 209. 40-12-3. Repealed by SL 197…

Terms used in this chapter mean: (1) "Department," the Department of Health; (2) "Owner," any person who has a right of property in a pet, keeps or harbors a pet or who has it in his care or acts as its custodian, or permits a pet to remain on or about any premises occupied by hi…