40-3-1 Continuation of board -- Statutory references to board.
The state animal industry board is continued as a board of state government. The terms "board" or "state board" when used throughout chapters 40-3 to 40-17, inclusive, refer to the state animal industry board unless a different intention is clear.
40-3-1.1 Reports by board to agriculture department -- Administrative functions restored to board -- Other independent functions.
The state animal industry board is assigned to the South Dakota department of agriculture only to the extent that the board shall report to the department of agriculture. The board retains responsibility for employment of all personnel working for such board and retains responsibility for all funds of the board and all expenditures thereof, subject only to a report thereon being made to the secretary of agriculture. The board retains the quasi-judicial, quasi- legislative, advisory, special budgetary and other functions (as defined in s 1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of agriculture.
40-3-2 Composition of board -- Appointment and terms of office -- Vacancies.
The animal industry board shall consist of seven 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 shall be for a period of four years and until the successor is appointed and qualified. Vacancies may be filled by appointment of the Governor for the balance of the unexpired term.
40-3-3 Qualifications of board members -- Oath of office.
All members of the animal industry board shall be residents and electors of the state; one member shall be a cattleman, one member shall be a sheepman, one member shall be a livestock feeder, one member shall be a hog producer, one member shall be an owner-operator of a livestock auction or commission company, one member shall be a dairy producer, one member shall be a veterinarian who is actively engaged in practice in the state. All members, other than the veterinarian, shall be persons actively and actually raising or marketing livestock within the state. The members shall qualify by taking and subscribing the oath of office required of other civil officers of the state.
40-3-5 Appointment of executive secretary -- Qualifications -- Term of office.
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 appointed and qualified.
40-3-9 Scope of responsibilities of board.
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 among the domestic animals of the state of South Dakota, of inspection and regulation of livestock auction sales yards, and of rendering plants.
40-3-11 Executive secretary as state veterinarian -- General duties and responsibilities.
The executive secretary of the animal industry board shall act as state veterinarian and shall secure all information he can obtain regarding the existence of contagious, infectious, or transmissible diseases of livestock and execute all orders, rules, and regulations made by the board and present at the regular meetings of the board detailed reports of all matters connected with the work done by him during the period preceding the meeting.
40-3-12 State university veterinary diagnostic laboratory to assist board -- Examinations.
The South Dakota state university shall furnish the services of its veterinary diagnostic laboratory to the animal industry board, and it shall make diagnostic examinations of all diseased animals or of such material as may be forwarded to it by the board.
40-3-14 Rules and regulations of board.
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. The board may likewise amend or repeal all such orders. The board may promulgate rules pursuant to chapter 1-26 concerning:
(1) The definition of items used to administer this chapter;
(2) Declaratory rulings;
(3) The regulation of livestock diseases and parasites;
(4) The regulation of bovine tuberculosis;
(5) The regulation of the importation of livestock;
(6) The regulation and licensure of livestock auctions and stockyards;
(7) The regulation and licensure of livestock dealers;
(8) The setting of livestock inspection fees;
(9) The regulation and licensure of swine dealers;
(10) The regulation and licensure of rendering establishments and pet food processing plants;
(11) The establishment of swine identification and maintenance of records;
(12) The establishment of approved pesticides for ticks, scabies and screw- worms;
(13) The regulation of livestock exhibits;
(14) The control of pullorum typhoid control;
(15) The use of federal methods and rules for meat inspection;
(16) The regulation of refrigerated locker plants;
(17) The importation of equine;
(18) Preservatives control;
(19) The regulation of nondomestic animals; and
(20) The procedures for establishing a quarantine.
However, the board shall exercise its regulatory and quarantine powers in a manner that affects the minimum geographical area reasonably necessary to control or eradicate disease.
40-3-15 Publication of bulletins by board.
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 in such animals, to the proper officers of all transportation companies doing business in this state, and to any citizen of this state upon application therefor. The cost of the bulletins shall be paid out of funds appropriated for the maintenance of the board.
40-3-16 Access to property and inspections by board.
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.
40-3-17 Examination of witnesses by board -- Administration of oaths -- Subpoena power.
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 to administer oaths, to take depositions, and to compel witnesses to attend and testify.
40-3-19 Enforcement of board orders by sheriff or law enforcement officer.
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.
40-5-1 Spread of disease germs or contamination of water as misdemeanor.
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 contaminate any stream or body of water or any land, yards, or premises with such disease germs. Any violation of this section is a Class 1 misdemeanor.
40-5-1.1 Definition of terms.
Terms used in this chapter mean:
(1) "Animals," any mammal, bird, reptile, amphibian 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," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;
(4) "Exotic animals," any animal not occurring naturally in the United States either currently or historically;
(5) "Nondomestic animals," any animal that is not domestic;
(6) "Wild animals," any animal not in captivity, other than domestic animals;
(7) "Zoological animals," any animal in any zoo or intended to be used in a zoo.
40-5-2 Transportation or trailing of infected animals on railroad or open land as misdemeanor.
It is a Class 2 misdemeanor for any person to transport, drive, or trail any animal, knowing it to be affected by an infectious, contagious, epidemic, or communicable disease, or infested with any destructive parasite upon or along any railroad or public highway, or to, upon, or across any land except land owned or leased by the owner of such animal or such land as may be designated by authority of the animal industry board. It is a Class 2 misdemeanor for any person to transport, drive, or trail any such animal upon or along any railroad or public highway, or to, upon, or across any land, in violation of any order or rule of the board.
40-5-3 Board permission to move infected animals on railroad or open land -- Expenses of holding and treating livestock.
Notwithstanding s 40-5-2, any animals affected as described by s 40-5-2 may be moved by permission of the state animal industry board if necessary, and under proper restrictions, to prevent the spread of disease or infestation.
All expenses incurred in holding and treating livestock, so inspected, shall be paid by the owner pursuant to the rules of the board.
40-5-4 Importation of infected livestock as misdemeanor.
It is a Class 2 misdemeanor for any person to transport or bring into this state any livestock contrary to the provisions of ss 40-5-2 and 40-5-3 or any rule promulgated pursuant thereto.
40-5-5 Liability for damages caused by unlawful transportation or trailing of infected animals.
If any person transports, drives or trails any animal within this state in violation of the provisions of ss 40-5-2 to 40-5-4, inclusive, or of any order or rule of the state animal industry board, he is liable for all damages sustained on account of any disease communicated by, traceable to, or resulting from such act.
40-5-6 Judgment for damages as lien on animals moved -- Attachment and sale.
The judgment in any case arising under s 40-5-5 constitutes a lien upon any animal transported, driven, or trailed in violation of the provisions of ss 40-5-2 to 40-5-4, inclusive, or of any order or rule of the animal industry board. A writ of attachment may issue in the first instance without the giving of an undertaking, and the court rendering such judgment may order the sale of such animal, or so many of them as may be necessary, to satisfy such judgment and costs. The sale shall be conducted as other sales under execution in civil actions.
40-5-7 Contagious disease of any animal to be reported to board.
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, except for those reports concerning diseases that are specifically regulated for mandatory control and eradication to protect the public health, other livestock, or wildlife.
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.
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 destructive parasites among the domestic and nondomestic animals of this state. The board may regulate or prohibit the importation, release to the wild, sale, loan, lease or other distribution or translocation of any animal into and within the state to ensure documentation as disease-free. The animal industry board may regulate or prohibit such transactions between and among private entities, local government agencies, state government agencies, federal government agencies and nonprofit and other corporations, including, but not limited to, game farms, game preserves, zoos, exhibitions, sales, humane societies and rehabilitation facilities. A violation of this section is a Class 1 misdemeanor.
40-5-8.2 Authority to inspect, examine, test and quarantine animals -- Violation as misdemeanor.
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 animals. A violation of this section is a Class 1 misdemeanor.
40-5-8.5 Authority of board to prosecute violations -- Limitation on liability of board or its agents.
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.
40-5-8.6 Authority to promulgate rules.
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 livestock, including, but not limited to, quarantine, testing, inspection, regulation of transactions, seizure or destruction of animals, transportation or introduction of animals into the state, and other control measures.
40-5-9 Board orders for suppression of disease -- Killing of infected animals.
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 s 40-5-8; and to kill any animal so affected if any such disease or parasitic infestation is determined to be incurable or if the owner refuses or fails to take appropriate steps to cure the diseased or infested condition, as determined by the board, after written notice to so do.
40-5-13 Violation of board quarantine as misdemeanor -- Second violation as felony.
It is a Class 1 misdemeanor for any person to remove any animal which has been placed in quarantine, pursuant to the provisions of ss 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 board, until such quarantine has been released by the board.
Any second or subsequent violation of this section is a Class 6 felony.
40-5-15 Disposal of carcasses subject to board order.
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.
40-5-16 Burial or burning of carcasses by sheriff on board order -- Access to premises.
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 sheriff may enter upon any premises where any such carcass is for the purpose of carrying out the provisions of this section.
40-5-17 Compensation of sheriff for disposal of carcasses -- Recovery of expenses from owner.
The board of county commissioners shall allow such sums for services pursuant to s 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 burial or burning, to be recovered in a civil action, unless the owner thereof pays such expenses within thirty days after notice and demand.
40-5-18 Notice to governor of epidemic beyond board's control.
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.
40-5-19 County and municipal expenditures for disease control -- Cooperation with state and federal agencies.
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 cooperation with the state animal industry board and the United States department of agriculture.
40-13-1 Single fund for indemnity created.
For the purpose of maintaining a single fund for indemnifying the owners of diseased and destroyed animals as provided in s 40-13-2, there is hereby created a special livestock disease indemnity fund.
40-13-2 Purposes for which fund used -- Diseases covered -- Vouchers and warrants.
The special livestock disease indemnity fund shall be expended by the animal industry board to indemnify the owners of livestock and nondomestic animals destroyed pursuant to law by reason of being affected with brucellosis, tuberculosis or vesicular exanthema. The disposition of funds shall be made by order of the animal industry board, when claims have been established pursuant to law.
All moneys in the special livestock disease indemnity fund shall be expended by warrants issued by the state auditor upon the state treasurer on duly verified vouchers approved by the animal industry board.
40-14-1 Restrictions on importation from quarantine areas outside state.
The animal industry board may restrict importation from quarantine areas established by it without this state during such time interval as may be necessary to prevent the importation of animals with contagious, infectious, epidemic or communicable disease or infested with destructive parasites into the state.
40-14-2 Certificate of health required for importation of livestock except for slaughter -- Distribution of copies -- Violation as felony.
All animals brought into this state for any purpose except immediate slaughter shall be accompanied by a certificate of health, issued in duplicate by authority of the state or territory from which it originates, or by authority of the United States department of agriculture, setting forth that such animals are free from all contagious, infectious, epidemic or communicable disease, and from infestation of destructive parasites and does not originate from a district of quarantine, infestation or infection, and that it has been inspected within a period of not more than thirty days prior to the arrival of such stock. One of the duplicate certificates shall be mailed to the animal industry board at Pierre, in time for it to be received before the animal arrives at its destination, and the other shall be attached to the bill of lading when the animal is brought into the state. Any person who brings animals into the state in violation of this section is guilty of a Class 6 felony.
40-14-3 Notice and permit for importation of animals without certificate.
Any person desiring to bring any animal into the state without the certificate of health required by s 40-14-2 shall notify the animal industry board, stating the number and kind of animal, and the name and address of the consignee and consignor. The board may issue a permit for such animal to enter the state, if it has no reason to believe that such animal is affected, infected or infested with any such disease or parasite or originated from a district of quarantine, infestation or infection.
40-14-4 Quarantine and examination of stock imported without certificate -- Release as misdemeanor -- Expenses of examination.
Any animal brought into the state without the health certificate required by s 40-14-2, even if they were brought into the state pursuant to a permit authorized by s 40-14-3, shall be detained at their destination or some other suitable place under quarantine until they have been examined by the animal industry board and a health certificate issued. It is a Class 1 misdemeanor for any person to release any animal until the proper health certificate has been issued according to the provisions of this chapter except by consent of the animal industry board. All charges and expenses for making any such examination shall be paid by the owner of such animal.
40-14-5 Continuing quarantine when imported animals found infected -- Treatment.
If upon any examination held pursuant to s 40-14-4 it is found that any animal is or has been affected, infected or exposed to any contagious, infectious, epidemic or communicable disease or to infestation by destructive parasite that is dangerous or detrimental to the health of the livestock of this state, such animal shall be held in quarantine until released by the animal industry board. Any animal so found to be affected, infected, infested or exposed to any such disease or parasites that is amenable to treatment, shall be treated according to instructions of such board.
40-14-7 Animals from Indian reservation treated as imported.
The removal of animal from any Indian reservation within this state to any other part of the state, except animals intended for immediate shipment or immediate slaughter, and horses in actual use, are subject to all the provisions of this chapter.
40-14-8 Saddle and work horses and mules exempt from requirements when in use.
Nothing in this chapter may be construed to interfere with or prevent saddle or work horses or mules from crossing and recrossing the state line when in actual use.
40-14-9 Removal or release of animals shipped under false billing as misdemeanor.
It is a Class 1 misdemeanor for any person to remove from the care or custody of any transportation company, without the consent of the animal industry board, any animal that has been billed or represented as "steers" if such livestock are not steers, or any animal that has been falsely billed or falsely labeled, until the laws of this state and the regulations of the animal industry board governing the inspection and testing of animals have been complied with. It is a Class 1 misdemeanor for any person to release any such animal from the custody of a transportation company without the consent of the board until the laws of this state and the rules of the board have been complied with.
40-14-10 Certification by veterinarian without inspection of animals as misdemeanor.
It is a Class 1 misdemeanor for any veterinarian to issue a health certificate or test chart if he has not properly inspected or tested the livestock to which it relates, in accordance with the statements in the certificate and the procedures indicated on the test chart, or to represent in the certificate or test chart that he has inspected or tested any animal if he has not personally and properly made such inspection or test.
40-14-11 Excessive inspection fee as misdemeanor.
It is a Class 1 misdemeanor, in the absence of an express agreement with the owner, for any veterinarian to charge or collect for inspecting or testing any animal for interstate shipment or for any inspection or testing required by the laws of this state or the rules of the animal industry board, any sum in excess of the charges fixed by such rules.
Amended in 1998.
Reviewed and updated by AAHS in January 2002.
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