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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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