Title 40 - ANIMALS AND LIVESTOCK
- Chapter 01 - Cruelty, Abuse And Injury To Animals
- Section 40-1-1 - Definition of terms.
- Section 40-1-10 - Training of animal for exhibition of fighting prohibited.
- Section 40-1-10.1 - Dog fighting and possession of dogs for fighting prohibited--Felony.
- Section 40-1-11 - Entry by officer of place where animal fight conducted--Arrest of persons present.
- Section 40-1-11.1 - Seizure of fighting dogs and related paraphernalia--Disposition.
- Section 40-1-12 - Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violationas misdemeanor.
- Section 40-1-13 - Notice by officer to euthanize fatally injured or diseased animal--Court order--Violation as misdemeanor.
- Section 40-1-14 - Corporate responsibility for knowledge and acts of agents.
- Section 40-1-15 - Repealed.
- Section 40-1-16 - Scientific experiments not prohibited--Guidelines.
- Section 40-1-17 - Exemptions from chapter--Destruction of dangerous animals.
- Section 40-1-2.2 - Mistreatment, torture, or cruelty of animals defined.
- Section 40-1-2.3 - Neglect defined.
- Section 40-1-2.4 - Inhumane treatment defined.
- Section 40-1-2.5 - Dangerous animal defined.
- Section 40-1-2.6 - Proper enclosure defined.
- Section 40-1-20 - Poisoning animal of another as misdemeanor.
- Section 40-1-21 - Killing or injuring animal of another as misdemeanor--Authorized euthanasiaexcepted.
- Section 40-1-22 - Repealed.
- Section 40-1-23 - Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor.
- Section 40-1-24 - Authority of officer or agent to control dangerous animal--Seizure, impoundment, oreuthanasia authorized.
- Section 40-1-25 - Administration and enforcement of livestock provisions--Promulgation of rules.
- Section 40-1-26 - Proper care for impounded animals--Livestock excepted.
- Section 40-1-27 - Inhumane treatment as misdemeanor.
- Section 40-1-28 - Inspection of premises authorized.
- Section 40-1-29 - Investigation procedure.
- Section 40-1-30 - Records of complaints--Public inspection.
- Section 40-1-31 - Liability of officer or agent.
- Section 40-1-32 - Liability of parent or guardian for violation by minor.
- Section 40-1-33 - Noninterference with veterinarian or accepted agricultural pursuits.
- Section 40-1-34 - Disposition of impounded animals.
- Section 40-1-37 - Use of weapons or tranquilizing agents to control dangerous animals.
- Section 40-1-38 - Harassment of service animal accompanying disabled person prohibited.
- Section 40-1-39 - Rebuttable presumption of maliciousness.
- Section 40-1-40 - Harassment defined--Malicious act defined.
- Section 40-1-5 - Officer or agent to take custody of inhumanely treated animal pursuant to warrant orcourt order--Exception--Expenses of care as lien.
- Section 40-1-5.1 - Liability of owner or caretaker for impounded animal.
- Section 40-1-8 - Repealed.
- Section 40-1-9 - Instigation, permitting or viewing animal fight prohibited--Spectating asmisdemeanor.
- Sections 40-1-18, 40-1-19 - Repealed
- Sections 40-1-2, 40-1-2.1 - Repealed
- Sections 40-1-3, 40-1-4 - Repealed
- Sections 40-1-35, 40-1-36 - Contract to enforce livestock provisions. Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal
- Sections 40-1-6, 40-1-7 - Repealed
- Chapter 02 - Humane Societies
- Section 40-2-1 - Incorporation of society--Number of incorporators--Authorization by county toexercise statutory privileges and authority.
- Section 40-2-2 - Bylaws of society--Matters covered.
- Section 40-2-3 - Repealed.
- Section 40-2-4 - Limitation on activities.
- Section 40-2-5 - Contract for animal control services.
- Section 40-2-6 - Animal control officers--Appointments--Judicial authorization.
- Section 40-2-7 - Enforcement by law enforcement officer or animal control officer--Powers.
- Section 40-2-8 - Animal care and control agency defined.
- Chapter 03 - State Animal Industry Board
- Section 40-3-1 - Continuation of board--Statutory references to board.
- Section 40-3-1.1 - Reports by board to agriculture department--Administrative functions restored toboard--Other independent functions.
- Section 40-3-10 - Poultry included in responsibility of board.
- Section 40-3-11 - Executive secretary as state veterinarian--General duties and responsibilities.
- Section 40-3-12 - State university veterinary diagnostic laboratory to assist board--Examinations.
- Section 40-3-13 - Repealed.
- Section 40-3-14 - Rules and regulations of board.
- Section 40-3-15 - Publication of bulletins by board.
- Section 40-3-16 - Access to property and inspections by board.
- Section 40-3-17 - Examination of witnesses by board--Administration of oaths--Subpoena power.
- Section 40-3-18 - Fees and mileage of witnesses before board.
- Section 40-3-19 - Enforcement of board orders by sheriff or law enforcement officer.
- Section 40-3-2 - Composition of board--Appointment and terms of office--Vacancies.
- Section 40-3-20 - Disposition of fees collected.
- Section 40-3-21 - Administrative expenses paid from appropriated funds.
- Section 40-3-22 - Annual report to Governor.
- Section 40-3-23 - Definitions.
- Section 40-3-24 - Certain nondomestic mammals not allowed--Violation as misdemeanor.
- Section 40-3-25 - Promulgation of rules for bringing nondomestic mammals into state.
- Section 40-3-26 - Rules regulating breeding, raising, marketing, and transportation of certain captivenondomestic animals.
- Section 40-3-27 - Programs for identification of animals and premises involved in animal movements--Records--Purpose.
- Section 40-3-28 - Development of identification program conflicting with or superceding state brandlaws prohibited.
- Section 40-3-3 - Qualifications of board members--Oath of office.
- Section 40-3-4 - President and vice-president of board.
- Section 40-3-5 - Appointment of executive secretary--Qualifications--Term of office.
- Section 40-3-5.1 - Superseded.
- Section 40-3-6 - Employment of other personnel by board.
- Section 40-3-7 - Compensation and duties of board officers and employees--Per diem and expensesof board members and employees.
- Section 40-3-8 - Meetings of board.
- Section 40-3-9 - Scope of responsibilities of board.
- Chapter 04 - Control Of Insects Affecting Livestock [Repealed]
- Chapter 05 - Control Of Contagious Diseases And Parasites In Livestock
- Section 40-5-1 - Spread of disease germs or contamination of water as misdemeanor.
- Section 40-5-1.1 - Definition of terms.
- Section 40-5-10 - Orders of board--Signature.
- Section 40-5-11 - Emergency quarantine orders effective immediately.
- Section 40-5-12 - Publication of board orders--Effective date.
- Section 40-5-13 - Violation of board quarantine as misdemeanor--Second violation as felony.
- Section 40-5-14 - Person with notice of board order not permitted to question publication.
- Section 40-5-15 - Disposal of carcasses subject to board order.
- Section 40-5-16 - Burial or burning of carcasses by sheriff on board order--Access to premises.
- Section 40-5-17 - Compensation of sheriff for disposal of carcasses--Recovery of expenses from owner.
- Section 40-5-18 - Notice to governor of epidemic beyond board's control.
- Section 40-5-2 - Transportation or trailing of infected animals on railroad or open land asmisdemeanor.
- Section 40-5-3 - Board permission to move infected animals on railroad or open land--Expenses ofholding and treating livestock.
- Section 40-5-4 - Importation of infected livestock as misdemeanor.
- Section 40-5-5 - Liability for damages caused by unlawful transportation or trailing of infectedanimals.
- Section 40-5-5.1 - Rules concerning permits for importation of rams and testing for disease.
- Section 40-5-6 - Judgment for damages as lien on animals moved--Attachment and sale.
- Section 40-5-7 - Contagious disease of any animal to be reported to board.
- Section 40-5-8 - Board powers in suppression of contagious diseases and parasites--Regulation ofimportation, release, sale, loan, lease, or distribution of animals--Violation asmisdemeanor.
- Section 40-5-8.1 - Repealed.
- Section 40-5-8.2 - Authority to inspect, examine, test, and quarantine animals--Violation asmisdemeanor.
- Section 40-5-8.3 - Authority to seize and destroy nondomestic animals--Coordination with Departmentof Game, Fish and Parks.
- Section 40-5-8.4 - Requirements for movement of nondomestic animal into state--Violation asmisdemeanor.
- Section 40-5-8.5 - Authority of board to prosecute violations--Limitation on liability of board or itsagents.
- Section 40-5-8.6 - Authority to promulgate rules.
- Section 40-5-9 - Board orders for suppression of disease--Killing of infected animals.
- Chapter 06 - Bovine Tuberculosis Control
- Section 40-6-1 - Repealed.
- Section 40-6-10 - Tuberculin test to be used--Orders prescribing testing methods and personnel.
- Section 40-6-11 - Quarantine of herd on owner's refusal to permit testing--Removal of stock andproducts from quarantined herd prohibited.
- Section 40-6-12 - Report of tubercular lesions found in slaughtered animals--Investigation by stateveterinarian.
- Section 40-6-13 - Herd testing required after tuberculosis found at slaughter--Time of testing--Restriction on sales prior to testing.
- Section 40-6-14 - Facilities and assistance in herd testing.
- Section 40-6-15 - Tagging, quarantine, and slaughter of animal found infected.
- Section 40-6-16 - Notice to owner of infected animal--Protest of diagnosis.
- Section 40-6-17 - Veterinary examination on protest of diagnosis--Expenses of examination.
- Section 40-6-18 - Appraisal of infected animal before slaughter.
- Section 40-6-19 - Refusal of board's appraisal--Board of appraisers appointed.
- Section 40-6-2 - State declared eradication area--Adoption of federal methods and rules.
- Section 40-6-20 - Agreement for destruction of nonreactor breeding stock when reactor found.
- Section 40-6-21 - Approval of indemnity payments for entire herd when seriously infected.
- Section 40-6-22 - Amount of compensation for animals slaughtered--Maximum allowance--Computation based on appraisal--Adjustment when federal compensation received.
- Section 40-6-23 - Compensation restricted to sexually entire animals.
- Section 40-6-24 - Compensation denied for recently imported animals.
- Section 40-6-25 - Compensation denied unless entire herd tested.
- Section 40-6-26 - Compensation denied unless quarantine and disinfection requirements met.
- Section 40-6-3 - Certificate of health required for importation of cattle over six months old--Distribution of copies of certificate.
- Section 40-6-4 - Permit for importation of cattle without certificate of health--Quarantine until tested--Expenses of testing.
- Section 40-6-5 - Release of imported animal before testing as misdemeanor.
- Section 40-6-6 - Destruction of imported animal reacting to test.
- Section 40-6-7 - Repealed.
- Section 40-6-8 - Other requirements for importation unaffected.
- Section 40-6-9 - Access of inspectors to premises and vehicles for inspection and testing--Interferenceprohibited--Misdemeanor.
- Sections 40-6-27, 40-6-28 - Repealed
- Chapter 07 - Brucellosis And Contagious Abortion
- Section 40-7-1 - Unauthorized disposition of stock with brucellosis as misdemeanor.
- Section 40-7-1.1 - "Livestock" defined.
- Section 40-7-1.2 - "Brucellosis" defined.
- Section 40-7-10 - Ring test for dairy herds--Notice to producer of suspicious results.
- Section 40-7-11 - Quarantine of noncomplying herds--Time allowed for testing--Duration ofquarantine.
- Section 40-7-12 - Inspection and retesting for maintenance of status as brucellosis area.
- Section 40-7-13 - Repealed.
- Section 40-7-14 - Milk processors to provide samples for ring test.
- Section 40-7-15 - Testing services and facilities to be provided by auction agencies and stockyards.
- Section 40-7-16 - Purchaser entitled to test at auction agency or stockyard.
- Section 40-7-17 - Expense of testing at auction agency or stockyard--Time of testing.
- Section 40-7-18 - Repealed.
- Section 40-7-19 - Cancellation or suspension of livestock auction agency's license.
- Section 40-7-19.1 - Quarantine of market consignment when reactor found--Disposition of animals.
- Section 40-7-2 - Permit for disposition of animals with brucellosis--Restricted purposes--Violation asmisdemeanor.
- Section 40-7-20 - Repealed.
- Section 40-7-20.1 - Rules promulgated by Animal Industry Board.
- Section 40-7-20.2 - Repealed.
- Section 40-7-20.3 - Waiver of calfhood vaccination requirement for import--Requirements--Restrictions.
- Section 40-7-21 - Indemnity provisions applicable to brucellosis program.
- Section 40-7-22 - Injunction to compel compliance with brucellosis program.
- Section 40-7-25 - Notice to owner of cattle infected with brucellosis--Appraisal in absence of protest.
- Section 40-7-26 - Protest of diagnosis of brucellosis.
- Section 40-7-27 - Appraisal before slaughter of animal with brucellosis.
- Section 40-7-28 - Protest of appraisal by animal industry--Appointment of board and reappraisal.
- Section 40-7-29 - Compensation of board of appraisers.
- Section 40-7-3 - Civil liability for unauthorized disposition of stock with brucellosis.
- Section 40-7-30 - Return of board of appraisers--Payment by state.
- Section 40-7-31 - Owner of affected cattle entitled to indemnity on application for brucellosis test.
- Section 40-7-32 - Salvage value paid to owner--Deduction from appraisal.
- Section 40-7-33 - Maximum indemnity for cattle slaughtered--Computation based on appraised value--Restriction to amount in fund.
- Section 40-7-34 - Indemnity denied for publicly owned cattle.
- Section 40-7-37 - Indemnity denied to nonresident.
- Section 40-7-38 - Indemnity denied for recently imported cattle or bison.
- Section 40-7-39 - Indemnity denied unless cattle or bison properly vaccinated.
- Section 40-7-4 - Repealed.
- Section 40-7-40 - Repealed.
- Section 40-7-41 - Certificate of brucellosis test required for importation of swine.
- Section 40-7-46 - Swine testing--Definition of terms.
- Section 40-7-47 - Laboratories testing swine.
- Section 40-7-48 - Report to board on swine testing.
- Section 40-7-49 - Quarantine of infected swine herds.
- Section 40-7-5 - State declared brucellosis eradication area--Federally approved methods and rules.
- Section 40-7-50 - Identification of reactor swine.
- Section 40-7-51 - Consignment of reactor swine for slaughter--Extension of time.
- Section 40-7-52 - Disinfection of premises after removal of reactor swine.
- Section 40-7-53 - Validation of free swine herds and areas.
- Section 40-7-54 - Tests waived for replacement swine from free herds and areas.
- Section 40-7-55 - Repealed.
- Section 40-7-56 - Blood samples collected in packing houses--Not to interfere with plant operations.
- Section 40-7-57 - Procedure when brucellosis found in blood tests--Notice to owner or agister--Testingor slaughter of herd.
- Section 40-7-6 - Eradication program in conjunction with federal agency.
- Section 40-7-7 - Inspection and testing of all livestock in state authorized.
- Section 40-7-8 - Herd testing after approval of eradication area--Notice--Regulation of livestockmovement during testing period.
- Section 40-7-9 - Blood testing of livestock in county--Branding, tagging, sale, and slaughter ofreactors--Permit required to remove reactors from premises.
- Section 40-7-9.1 - Herd test required when evidence of infection found at slaughter--Sale prohibitedpending test.
- Sections 40-7-23, 40-7-24 - Repealed
- Sections 40-7-35, 40-7-36 - Indemnity denied for cattle or bison known to be diseased. Indemnity denied for cattle or bison diseased when imported
- Sections 40-7-42 to 40-7-45 - Repealed
- Chapter 08 - Scabies And Mange Control
- Section 40-8-1 - Sale or movement of infected sheep prohibited--Exposure of uninfected sheep--Violation as misdemeanor.
- Section 40-8-10 - Quarantine and treatment of imported sheep.
- Section 40-8-11 - Repealed.
- Section 40-8-12 - Admission of imported sheep without treatment on certificate from state of origin.
- Section 40-8-13 - Repealed.
- Section 40-8-14 - Restrictions not applicable to sheep imported for slaughter.
- Section 40-8-15 - Destruction of infected carcasses--Cleaning of premises--Officer to act on neglect byowner.
- Section 40-8-16 - Expense of services performed by officer as lien on sheep--Priority of lien.
- Section 40-8-17 - Foreclosure of lien for expenses of officer.
- Section 40-8-2 - Sale or transportation of flock prohibited after removal of infected sheep--Violationas misdemeanor.
- Section 40-8-20 - Sale or other disposition of sheep without treatment as misdemeanor--Sale forslaughter excepted.
- Section 40-8-21 - Treatment not required in scabies-free area.
- Section 40-8-22 - Repealed.
- Section 40-8-23 - Repealed.
- Section 40-8-3 - Report to officer of infection with or exposure of sheep to scabies--Immediateinvestigation.
- Section 40-8-36 - Dipping required for all livestock in infected area.
- Section 40-8-4 - Notice by officer to corral sheep for examination.
- Section 40-8-5 - Officer to corral sheep for examination on neglect by owner.
- Section 40-8-6 - Quarantine of infected and exposed sheep and premises--Treatment order--Timeallowed and supervision of treatment.
- Section 40-8-7 - Quarantine effective until release--Civil liability for damage from escape.
- Section 40-8-8 - Treatment by officer on neglect by owner.
- Section 40-8-9 - Permit required for importation of sheep--Inspection and certificate of health--Waiverof requirement.
- Sections 40-8-18, 40-8-19 - Repealed
- Sections 40-8-24 to 40-8-35 - Repealed
- Chapter 09 - Hog Cholera Control
- Section 40-9-1 - Cooperation with federal agencies authorized.
- Section 40-9-10 - Restrictions on indemnity for imported swine.
- Section 40-9-2 - Sale or use of live virus or other vaccine as misdemeanor.
- Section 40-9-3 - Use of live virus permitted by state veterinarian.
- Section 40-9-4 - Serum production and research exempt from prohibition of live virus.
- Section 40-9-5 - Destruction of infected or exposed swine required.
- Section 40-9-6 - Repealed.
- Section 40-9-7 - Disposal of swine ordered destroyed.
- Section 40-9-8 - Compensation of owner for swine ordered destroyed.
- Section 40-9-9 - Appraisal of swine ordered destroyed.
- Chapter 09A - Pseudorabies Control
- Section 40-9A-1 - Definition of terms.
- Section 40-9A-10 - Investigation of reported pseudorabies.
- Section 40-9A-11 - Public notice--Confinement within a geographical area--Violation as misdemeanor.
- Section 40-9A-2 - Quarantine--Violation as misdemeanor.
- Section 40-9A-3 - State and federal cooperation.
- Section 40-9A-4 - Establishment of control and eradication status.
- Section 40-9A-5 - Elimination plan required by owner--Review by Animal Industry Board.
- Section 40-9A-6 - Testing of pseudorabies herd by owner--Violation as misdemeanor.
- Section 40-9A-7 - Notice to owner of herd of origin--Time limit--Violation as misdemeanor.
- Section 40-9A-8 - Programs to eradicate pseudorabies.
- Section 40-9A-9 - Duty to report disease--Violation as misdemeanor.
- Chapter 10 - Vesicular Exanthema Control
- Section 40-10-1 - Feeding of garbage as misdemeanor--Garbage defined--Each day as separate offense.
- Section 40-10-1.1 - Repealed.
- Section 40-10-2 - Household garbage, sugar beet, or dairy by-products exempt from cookingrequirement.
- Section 40-10-3 - Importation of infected swine without permit as misdemeanor.
- Section 40-10-4 - Appraisal of swine found infected--Disposal required--Failure to dispose asmisdemeanor.
- Section 40-10-5 - Return of appraisers--Payment to owner for swine destroyed.
- Section 40-10-6 - Compensation of appraisers.
- Section 40-10-7 - Computation of indemnity paid to owner--Indemnity limited to funds available--Appraised value.
- Section 40-10-8 - Indemnities denied for imported swine--Swine fed raw garbage.
- Section 40-10-9 - Repealed.
- Chapter 11 - Glanders And Dourine Control [Repealed]
- Chapter 12 - Rabies Control
- Section 40-12-1 - Confinement of animals required in localities where rabies exists--Neglect asmisdemeanor.
- Section 40-12-2 - Destruction of rabid animal required.
- Section 40-12-3 - Repealed.
- Section 40-12-4 - Definition of terms.
- Section 40-12-5 - Confinement of pet after attack upon person--Violation as misdemeanor.
- Chapter 13 - Livestock Disease Indemnity Fund
- Chapter 13A - Nondomestic Animal Indemnities
- Section 40-13A-1 - Repealed.
- Section 40-13A-2 - Appraisal of nondomestic animals ordered destroyed--Request for board ofappraisers.
- Section 40-13A-3 - Protest of appraisal--Formation of board of appraisers--Appraisal by board.
- Section 40-13A-4 - Compensation of members of board of appraisers.
- Section 40-13A-5 - Signature and certification of appraisal--Warrant.
- Section 40-13A-6 - Limitations on amount of indemnity and state liability.
- Section 40-13A-7 - Owners not entitled to indemnity.
- Section 40-13A-8 - Knowledge or suspicion of disease at acquisition abrogating right to indemnity.
- Section 40-13A-9 - Imported diseased animals not qualified for indemnity.
- Chapter 14 - Importation Of Livestock
- Section 40-14-1 - Restrictions on importation from quarantine areas outside state.
- Section 40-14-10 - Certification by veterinarian without inspection of animals as misdemeanor.
- Section 40-14-11 - Excessive inspection fee as misdemeanor.
- Section 40-14-2 - Certificate of health required for importation of livestock except for slaughter--Distribution of copies--Violation as felony.
- Section 40-14-3 - Notice and permit for importation of animals without certificate.
- Section 40-14-4 - Quarantine and examination of stock imported without certificate--Release asmisdemeanor--Expenses of examination.
- Section 40-14-5 - Continuing quarantine when imported animals found infected--Treatment.
- Section 40-14-6 - Repealed.
- Section 40-14-7 - Animals from Indian reservation treated as imported.
- Section 40-14-8 - Saddle and work horses and mules exempt from requirements when in use.
- Section 40-14-9 - Removal or release of animals shipped under false billing as misdemeanor.
- Chapter 15 - Livestock Auction Agencies
- Section 40-15-1 - Business constituting livestock auction agency--Exceptions.
- Section 40-15-1.1 - Buying stations subject to chapter.
- Section 40-15-1.2 - "Mobile market" defined.
- Section 40-15-1.3 - "Livestock" defined.
- Section 40-15-10 - Bond required to operate auction agency--Terms of bond--Approval--Amount--Violation as misdemeanor.
- Section 40-15-11 - Cancellation of auction agency bond by surety--New bond before continuingbusiness.
- Section 40-15-12 - Action on auction agency bond.
- Section 40-15-13 - Livestock handling and testing facilities required for auction agency license--Revocation or suspension if facilities inadequate or unsanitary.
- Section 40-15-13.1 - Approved scales to be used.
- Section 40-15-13.2 - Promulgation of rules--Scales--Fees.
- Section 40-15-14 - Rules specifying facilities needed by veterinary inspector.
- Section 40-15-15 - Separate pens for segregation of diseased animals--Marking of quarantine pens.
- Section 40-15-16 - Auction agency services available without discrimination--Filing and posting of rateschedules--Rebates prohibited--Violation as petty offense.
- Section 40-15-17 - Minimum inspection fees established by Animal Industry Board.
- Section 40-15-18 - Inspection fees paid to Animal Industry Board.
- Section 40-15-19 - Inspection service to be provided at auction agency--Veterinarian employed byboard--Qualifications--Assistant veterinarian--Violation as petty offense.
- Section 40-15-2 - License required for auction agency--Display at place of sales--Violation as pettyoffense.
- Section 40-15-20 - Inspection of livestock by veterinarian--Compensation from fees collected.
- Section 40-15-21 - Testing and treatment required before removal of animal from auction agency.
- Section 40-15-22 - Veterinary inspection of premises and equipment--Supervision of cleaning offacilities and vehicles.
- Section 40-15-23 - Inspection in manner prescribed by Animal Industry Board or federal government.
- Section 40-15-24 - Veterinary inspector supervised by animal industry board--Discontinuance for failureto perform--Supervising veterinarians.
- Section 40-15-25 - Auction agency not liable for negligence of inspector--Inspector not agent of agency.
- Section 40-15-26 - Responsibility for inspection of livestock before shipment from auction agency--Certificate to comply with requirements at destination.
- Section 40-15-27 - Records of livestock offered at auction agency--Vehicles making deliveries--Violation as petty offense.
- Section 40-15-28 - Records open to inspection--Preservation--Copies furnished.
- Section 40-15-29 - Revocation or suspension of license for failure to keep records.
- Section 40-15-3 - Application for auction agency license--Contents.
- Section 40-15-30 - Uniform accounting system for agencies.
- Section 40-15-31.2 - Electronic auction--Delivery.
- Section 40-15-32 - Revocation or suspension of license for violations--Effect of revocation orsuspension.
- Section 40-15-32.1 - Grounds for revocation, suspension, or refusal to renew license.
- Section 40-15-32.2 - Board authorized to assume control of funds when agency's license revoked.
- Section 40-15-33 - Appeal to circuit court from revocation or suspension of license.
- Section 40-15-34 - Operation of auction agency without license as misdemeanor--Each day as separateoffense.
- Section 40-15-35 - Repealed.
- Section 40-15-35.1 - Sanitary board allowed to apply for injunction.
- Section 40-15-36 - Enforcement of chapter--Orders, rules, and regulations--Publication and posting.
- Section 40-15-37 - Disposition of fees--Apportionment between disease emergency fund and inspectorsfund.
- Section 40-15-38 - Use of livestock disease emergency fund--Authorization by Governor required.
- Section 40-15-4 - Hearing on application for license--Notice to livestock associations of application.
- Section 40-15-5 - Publication and public notice of application for license.
- Section 40-15-6 - Hearing on application for license--Issuance on finding of conformity.
- Section 40-15-7 - Factors considered in determining whether to issue license.
- Section 40-15-8 - Annual fee for issuance or renewal of license.
- Section 40-15-9 - Notice and hearing dispensed with on renewal of license.
- Sections 40-15-31, 40-15-31.1 - Segregation and safeguarding of customers' funds by auction agency--Misuse of funds as felony. Electronic auction--Regulation--Licensure
- Chapter 15A - Livestock Dealers, Packers And Packer Buyers
- Section 40-15A-1 - Definition of terms.
- Section 40-15A-1.1 - License as dealer, packer, or packer buyer required--Violation as misdemeanor.
- Section 40-15A-10 - Grounds for revocation or refusal of license.
- Section 40-15A-11 - Suspension in lieu of revocation of license--Administrative procedure law governs.
- Section 40-15A-12 - Repealed.
- Section 40-15A-2 - Auction agencies, farmers, ranchers, and livestock feeders exempt.
- Section 40-15A-3 - Annual application for dealer's, packer's, or packer buyer's license--Contents.
- Section 40-15A-4 - Fee for license--Duration of license.
- Section 40-15A-5 - Bond required of dealer, packer or packer buyer--Proof of bond filed under federallaw--Exemption for employees of bonded packers--Board as obligee--Promulgationof rules--Violation a
- Section 40-15A-6 - Time and place for hearing on application--Notice to livestock associations.
- Section 40-15A-7 - License posted in place of business--Pocket card.
- Section 40-15A-8 - Facilities provided by dealer--Unloading and inspection of livestock.
- Section 40-15A-8.1 - Partial payment of purchase price at time of sale or delivery--Payment of balance.
- Section 40-15A-8.2 - Records required to be kept by licensees.
- Section 40-15A-9 - Fees credited to general fund.
- Chapter 15B - Livestock Packer Transactions
- Section 40-15B-1 - Definitions.
- Section 40-15B-2 - Price discrimination by packer prohibited--Exemption.
- Section 40-15B-3 - Terms and conditions to be uniform.
- Section 40-15B-4 - Packer to report prices paid.
- Section 40-15B-5 - Agreements in violation of provisions voidable--Violation as fraudulent.
- Section 40-15B-6 - Attorney general to enforce provisions--Action to restrain violation--Civil action--Treble damages.
- Section 40-15B-7 - Packer to make available daily report of prices paid--Forms--Seller's identity not tobe revealed--Penalties for violation.
- Chapter 16 - Feeder Pig Dealers And Importation Of Swine [Repealed]
- Chapter 17 - Rendering And Pet Food Processing Plants
- Section 40-17-1 - License required for rendering and pet food processing plant--Violation asmisdemeanor.
- Section 40-17-2 - Application for rendering or pet food processing plant license.
- Section 40-17-3 - Inspection of equipment, vehicles and place of business on application for license.
- Section 40-17-4 - Issuance of license--Fee--Duration.
- Section 40-17-5 - Acceptance of carcasses transported by others prohibited.
- Section 40-17-6 - Licensed establishment's authority to transport diseased carcasses on highway.
- Section 40-17-7 - Construction and covering of containers and vehicles used to transport carcasses.
- Section 40-17-8 - Disinfection of exterior of vehicle before use of highway.
- Section 40-17-9 - Disinfection of containers and vehicles before leaving rendering establishment.
- Section 40-17-9.1 - Adoption of rules to implement this chapter.
- Chapter 18 - State Brand Board
- Section 40-18-1 - Composition of board--Nomination and appointment of members.
- Section 40-18-1.1 - Board attached to Department of Agriculture for reporting--Function retained--Appointment of staff director.
- Section 40-18-1.2 - Definitions.
- Section 40-18-10 - Designation of private or nonprofit corporation for provision of ownershipinspection--Terms of contract.
- Section 40-18-10.1 - Agreements with other states for livestock ownership inspection.
- Section 40-18-11 - Bond required of custodian of board funds.
- Section 40-18-12 - Seal of board.
- Section 40-18-13 - Administration of marking and branding laws.
- Section 40-18-14 - Employment of law enforcement officers for enforcement of marking and brandinglaws--Hiring of additional inspectors.
- Section 40-18-15 - Ownership inspection on transportation of livestock.
- Section 40-18-16 - Rules promulgated by board.
- Section 40-18-17 - Board to provide for brand registration, livestock inspection, and enforcement oflaws.
- Section 40-18-2 - Qualification of board members.
- Section 40-18-3 - Terms of appointment to board--Vacancies.
- Section 40-18-4 - Repealed.
- Section 40-18-5 - Quorum of board--Vote required for action.
- Section 40-18-6 - Office of board.
- Section 40-18-7 - President and vice president of board.
- Section 40-18-8 - General duties of staff director--Call of meetings.
- Section 40-18-9 - Employment of other persons by board--Compensation--Expenditures.
- Chapter 19 - Brand Registration And Use
- Section 40-19-1 - Use of unregistered brand as misdemeanor.
- Section 40-19-10 - Repealed.
- Section 40-19-10.1 - Permit required for cattle branded with out-of-state brand--Cattle purchased forexport--Violation as misdemeanor.
- Section 40-19-11 - Registration of brands approved--Preservation of applications on certificates--Registration and renewal fees.
- Section 40-19-12 - Five-year renewal of brands--Renewal fee.
- Section 40-19-13 - Abandonment of brand by failure to renew.
- Section 40-19-13.1 - Cancellation of certificate paid for with bad check.
- Section 40-19-14 - Rerecordation of cancelled brand by previous owner after first two years.
- Section 40-19-15 - Change of registration on receipt of bill of sale--Fees for recording transfers--Certainbrands not to be transferred to separate owners.
- Section 40-19-16 - Replacement of lost or destroyed certificate--Affidavit--Fee.
- Section 40-19-17 - Cancellation of brand conflicting with previous brand.
- Section 40-19-18 - Cancellation of brand used for felony or theft.
- Section 40-19-19 - Replacement brand for canceled brand--Application--No assessment of fee.
- Section 40-19-2 - Exclusive right to use brand after registration.
- Section 40-19-2.1 - Placement of brand.
- Section 40-19-20 - Conflict by unrecorded brand--Statement by users of registered brand--Notice andhearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--M
- Section 40-19-21 - Unlawful use of brand as misdemeanor.
- Section 40-19-22 - Fees paid into brand fund--Purposes for which used.
- Section 40-19-23 - Administrative expenses paid from brand fund--Vouchers and warrants--Publicationand sale of brand books and supplements.
- Section 40-19-23.1 - Brand board activities.
- Section 40-19-24 - Registered brand as prima facie evidence of ownership--Copy of register as proof ofbrand.
- Section 40-19-25 - Misuse or alteration of brand as felony.
- Section 40-19-26 - Property rights unimpaired.
- Section 40-19-3 - Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep.
- Section 40-19-4 - Filing of application for brand--Facsimile included.
- Section 40-19-5 - Application form--Notice if brand recordable--Fees.
- Section 40-19-6 - Registration of brand--Certificate of registration.
- Section 40-19-7 - Rejection of brands by board--Grounds--Composition of brands--Location on animalas part of brand.
- Section 40-19-8 - Repealed.
- Section 40-19-9 - Rejection of brand adding symbol to existing brand--Exception.
- Chapter 20 - Livestock Ownership Inspection Area
- Section 40-20-1 - Counties included in inspection area.
- Section 40-20-10 - Transportation of livestock without required authorization as misdemeanor.
- Section 40-20-10.1 - Proceeds of sale held in trust pending authorization.
- Section 40-20-11 - Repealed.
- Section 40-20-12 - Inspection and clearance required for diversion of livestock consigned to openmarket--Neglect by carrier as misdemeanor.
- Section 40-20-13 - Repealed.
- Section 40-20-14 - Repealed.
- Section 40-20-15 - Repealed.
- Section 40-20-16 - Repealed.
- Section 40-20-17 - Repealed.
- Section 40-20-18 - Exhibition of authorization on demand of law enforcement officer--Failure to possessauthorization as misdemeanor.
- Section 40-20-2 - Petition for addition of county contiguous to ownership inspection area--Discretionof board--Minimum area added.
- Section 40-20-24 - Law enforcement officer stopping vehicle for inspection--Unloading of livestock.
- Section 40-20-25 - Law enforcement officer not liable for damages in stopping vehicle.
- Section 40-20-26 - Licensed auction markets in inspection area to require ownership inspection oflivestock--Neglect as misdemeanor--Discretionary reinspection.
- Section 40-20-26.1 - Sale or transfer of ownership without ownership inspection as misdemeanor--Exception.
- Section 40-20-26.2 - Authorized bill of sale transfer--Requirements--Limits--Exception from inspectionrequirement--Violation as misdemeanor.
- Section 40-20-26.3 - Promulgation of rules exempting certain persons from § 40-20-26.1.
- Section 40-20-27 - Livestock ownership inspection certificate issued to buyer.
- Section 40-20-28 - Fee for inspection services--Determination of rate--When collected.
- Section 40-20-29 - Inspection and certificate required for slaughter or processing of livestockcommercially within inspection area--Misdemeanor--Out-of-state certificate--Exhibition on demand.
- Section 40-20-3 - Withdrawal of county from inspection area by petition--Minimum area withdrawing.
- Section 40-20-30 - Injunction to restrain violation of this chapter or chapter 40-21.
- Section 40-20-31 - Repealed.
- Section 40-20-34 - Inspection of cattle shipped from feedlot--Fee.
- Section 40-20-35 - Permit for shipment of cattle from feedlot for slaughter--Inspection of cattle withoutforms--Fees.
- Section 40-20-36 - Inspection of feedlot, cattle, records, and inspection certificates.
- Section 40-20-37 - Removal of livestock before ownership inspection prohibited--Violation asmisdemeanor.
- Section 40-20-38 - Grounds for refusal to inspect.
- Section 40-20-39 - Inspection of livestock removed from inspection area--Fee.
- Section 40-20-4 - Inspection and certificate required for removal of livestock from ownershipinspection area--Violation as misdemeanor--Impoundment--Venue.
- Section 40-20-4.1 - Permit to move livestock from area--Duration of permit--Fee--Permit to transporthorses and mules.
- Section 40-20-4.2 - Inspection of livestock while in or on conveyance as misdemeanor.
- Section 40-20-4.3 - Inspector prohibited from inspecting own livestock--Violation as misdemeanor.
- Section 40-20-5 - Livestock ownership inspection area dividing ranch--Movement of livestock withoutinspection.
- Section 40-20-6 - Ownership inspection not required for transportation or trailing to open market.
- Section 40-20-7 - Authorization for transportation to open market or slaughter plant.
- Section 40-20-7.1 - Reinspection required of livestock unloaded anywhere other than market of origin.
- Sections 40-20-19 to 40-20-23 - Repealed
- Sections 40-20-32, 40-20-33 - Feedlot operation in inspection area--Designation as registered feedlot--Application--Requirements. Rules for suspension or revocation of feedlot permit--Inspection of ca
- Sections 40-20-8, 40-20-9 - Repealed
- Chapter 21 - Brand Inspection And Theft Prevention
- Section 40-21-10 - Proof of ownership required for livestock not bearing seller's brand.
- Section 40-21-11 - Proof of ownership required for livestock bearing more than one brand.
- Section 40-21-12 - Holding or sale of livestock or proceeds on failure to establish ownership--Financialresponsibility of selling agent--Civil suit--Discretion of inspector--Disposition ofproceeds wit
- Section 40-21-12.1 - Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor.
- Section 40-21-13 - Repealed.
- Section 40-21-14 - Time allowed for establishment of ownership after sale of animal--Sale price paid toowner.
- Section 40-21-15 - Failure of seller to establish ownership--Sale proceeds paid to board--Account ofsale.
- Section 40-21-16 - Separate fund for sale proceeds of undetermined ownership held by board--Period forwhich held--Payment to owner on proof of ownership.
- Section 40-21-17 - Sale proceeds of undetermined ownership escheat to board--Deposit in ownershipinspection and theft prevention fund when ownership not established.
- Section 40-21-18 - Repealed.
- Section 40-21-19 - Delegation of board powers to livestock inspection agency.
- Section 40-21-20 - Enforcement of rules.
- Section 40-21-21 - Forgery, alteration, or misrepresentation of inspection certificate, market clearance,bill of sale, or permit as felony.
- Section 40-21-22 - Repealed.
- Section 40-21-22.1 - Removal of livestock before ownership inspection prohibited--Violation asmisdemeanor.
- Section 40-21-23 - Venue of offenses.
- Section 40-21-24 - Reward authorized--Funding.
- Section 40-21-3.1 - Transporting cattle, horses, mules, sheep, buffalo, or carcasses without owner'spermit prohibited--Contents of permit--Written statement in lieu of permit--Violationas misdemea
- Section 40-21-5 - Designation of open market for livestock--Promulgation of rules--Open marketagreement.
- Section 40-21-6 - Inspections made between sunrise and sunset--Rules regulating inspection duringhours of darkness.
- Section 40-21-7 - Inspection fee for livestock--Receipt--Charge on entire consignment.
- Section 40-21-8 - Deposit of fees collected by inspecting agency--Monthly report of fees and expenses.
- Section 40-21-9 - Fees paid into livestock ownership inspection and theft prevention fund--Purposesfor which used.
- Sections 40-21-1 to 40-21-3 - Repealed
- Sections 40-21-3.2 to 40-21-4 - Repealed
- Sections 40-21-8.1, 40-21-8.2 - Repealed
- Chapter 22 - Hide Inspections
- Section 40-22-12 - Names and dates of persons delivering livestock required of person slaughtering.
- Section 40-22-6 - Repealed.
- Section 40-22-7 - Bill of sale attached to inspector's report.
- Section 40-22-8 - Repealed.
- Section 40-22-9 - Repealed.
- Sections 40-22-1 to 40-22-5 - Repealed
- Sections 40-22-10, 40-22-11 - Repealed
- Chapter 23 - Cooperative Grazing Districts
- Section 40-23-1 - Definition and purposes of grazing district.
- Section 40-23-10 - Adoption of bylaws--Amendment.
- Section 40-23-11 - Contents of bylaws.
- Section 40-23-12 - Right to membership in district--Compliance with requirements.
- Section 40-23-13 - Voting by members.
- Section 40-23-14 - Membership rights on transfer of land.
- Section 40-23-15 - Directors to exercise corporate power.
- Section 40-23-16 - Directors' power to lease land.
- Section 40-23-17 - Directors' regulations--Manner of utilizing grazing.
- Section 40-23-18 - Directors' apportionment of grazing rights among members.
- Section 40-23-19 - Fencing and assignment of exclusive use of areas.
- Section 40-23-2 - Number of incorporators--Filing of articles.
- Section 40-23-20 - Grazing permits to nonmembers.
- Section 40-23-21 - Fees and assessments determined by directors.
- Section 40-23-22 - Requirements as to male animals.
- Section 40-23-23 - Reserves established by directors.
- Section 40-23-24 - Purchase or lease of county lands.
- Section 40-23-25 - Exemption of county land from usual leasing requirements--Leased tax deed landsnot subject to sale--Option for purchase by district.
- Section 40-23-26 - Regulatory powers retained by county commissioners on leased land.
- Section 40-23-27 - Rentals for county lands--Variable scale.
- Section 40-23-28 - Noncompliance with requirements as ground for forfeiture of county lease.
- Section 40-23-29 - Exchange of county land for private land within grazing district.
- Section 40-23-3 - Execution and contents of articles of incorporation.
- Section 40-23-4 - Filing of map showing boundaries--Revision on change of boundaries--Revocationof lease for failure to file.
- Section 40-23-5 - Arbitration of overlapping district boundaries.
- Section 40-23-6 - Power to lease, acquire, and dispose of land.
- Section 40-23-7 - Power to lease county land.
- Section 40-23-8 - Fences, reservoirs, and facilities for care of livestock.
- Section 40-23-9 - Power to apportion grazing rights among members.
- Chapter 24 - Use Of Open Range [Repealed]
- Chapter 25 - Livestock Registry Associations
- Section 40-25-1 - Number of organizers required to form association.
- Section 40-25-10 - Officers of association.
- Section 40-25-11 - Salaries paid by association--Ownership of property.
- Section 40-25-12 - Operation as nonprofit corporation--Purposes.
- Section 40-25-13 - General corporate powers of association.
- Section 40-25-14 - Records and certificates admissible in evidence--Prima facie evidence of pedigree.
- Section 40-25-2 - Written articles of association required--Contents.
- Section 40-25-3 - Stock and membership provisions in articles of association.
- Section 40-25-4 - Amendment of articles by association--Procedure--Filing of amendment.
- Section 40-25-5 - Term of existence of association--Extension of term.
- Section 40-25-6 - Articles filed to extend term of association--Contents.
- Section 40-25-7 - Adoption and amendment of bylaws--Contents.
- Section 40-25-8 - Voting by stockholders or members--Proxy voting.
- Section 40-25-9 - Directors to manage affairs of association--Terms of office.
- Chapter 26 - Stallions And Jacks [Repealed]
- Chapter 27 - Liens On Livestock
- Section 40-27-1 - Agister's lien for service and supplies--Entitled to retain possession.
- Section 40-27-12 - Veterinarian's vaccination lien.
- Section 40-27-13 - Veterinarian's statement filed with register of deeds--Contents--Filing and indexing.
- Section 40-27-14 - Priority of vaccination lien if filed within twenty days.
- Section 40-27-15 - Innocent purchasers and encumbrancers not affected by vaccination lien filed late.
- Section 40-27-2 - Authority from owner required for agister's lien.
- Section 40-27-3 - Notice to mortgagee of agister's lien--Contents and service--Priority over mortgage.
- Sections 40-27-4 to 40-27-11 - Repealed
- Chapter 28 - Damage By Animals Trespassing Or Running At Large
- Section 40-28-1 - Permitting adult male animal to run at large as petty offense.
- Section 40-28-10 - Livestock owner's bond to be approved by sheriff--Release of animals--Sheriff's fee.
- Section 40-28-11 - Notice to sheriff when livestock owner fails to take up trespassing animals--Sheriffto take possession and care for animals.
- Section 40-28-12 - Sheriff's lien for expenses.
- Section 40-28-13 - Unauthorized taking of animal from person with lawful possession as misdemeanor.
- Section 40-28-14 - Recovery of animals from sheriff by giving bond and paying costs.
- Section 40-28-15 - Foreclosure of lien by sheriff's sale of animals--Service of notice on parties.
- Section 40-28-16 - County reimbursement of sheriff for costs not recovered from sale--Recovery fromowner of animals.
- Section 40-28-17 - Actions by county and landowner for costs and damages--Application of proceeds ofsale.
- Section 40-28-18 - Civil action for damages from trespassing animals--Venue--Procedure.
- Section 40-28-19 - Repealed.
- Section 40-28-2 - Castration lawful for adult male animal running at large--Liability for unauthorizedcastration.
- Section 40-28-20 - Limitation of actions for damages.
- Section 40-28-21 - Surplus proceeds of sale--Disposition.
- Section 40-28-22 - Dismissal of action when defendant is not owner or person in charge of animals--Treatment as estrays.
- Section 40-28-23 - Damages and expenses recovered by landowner.
- Section 40-28-24 - Judgment against plaintiff when no damage sustained.
- Section 40-28-25 - Judgment as lien on trespassing animals.
- Section 40-28-3 - Running at large defined.
- Section 40-28-4 - Liability for trespass by livestock--Exception where fence inadequate.
- Section 40-28-5 - Trespass liability not applicable to unfenced lands within national forests.
- Section 40-28-6 - Notice to livestock owner of injury from trespass.
- Section 40-28-7 - Retention of trespassing livestock until damages paid.
- Section 40-28-8 - Notice to owner of seizure of trespassing animals.
- Section 40-28-9 - Security given by owner for release of trespassing animals held for damages.
- Chapter 29 - Estrays
- Section 40-29-11 - Repealed.
- Section 40-29-18 - Repealed.
- Section 40-29-24 - Report by person taking up estray--Violation as misdemeanor.
- Section 40-29-25 - Sale of estray--Disposition of proceeds.
- Section 40-29-3 - Repealed.
- Sections 40-29-1, 40-29-2 - Repealed
- Sections 40-29-12 to 40-29-15 - Repealed
- Sections 40-29-16, 40-29-17 - Repealed
- Sections 40-29-19 to 40-29-23 - Repealed
- Sections 40-29-4 to 40-29-6 - Repealed
- Sections 40-29-7 to 40-29-10 - Repealed
- Chapter 30 - Township Pounds [Repealed]
- Chapter 31 - American Dairy Association Of South Dakota
- Section 40-31-1 - Definition of terms.
- Section 40-31-10 - Repealed.
- Section 40-31-11 - Assessment collected by first dealer--Producers responsible for payment.
- Section 40-31-12 - Record of milk handled by dealers and producers--Form--Report--Preservation--Inspection.
- Section 40-31-13 - Monthly return of dairy products handled by dealer or producer.
- Section 40-31-14 - Computation of assessment by association when monthly return not filed.
- Section 40-31-15 - Payment of assessment computed by Association--Penalty and interest.
- Section 40-31-16 - Recovery of assessment, penalty, and interest--Tax collection remedies available.
- Section 40-31-17 - Producer's application for refund of assessment--Approval by association.
- Section 40-31-18 - Assessments paid into dairy association fund--Purposes for which used--Warrants.
- Section 40-31-19 - Voluntary contributions to association.
- Section 40-31-2 - Association created--Producer and processor members--Nonvoting members.
- Section 40-31-2.1 - Direction and supervision by department of agriculture--Independent functionsretained by Association.
- Section 40-31-2.2 - Cooperative agreements to fund or conduct dairy promotion efforts.
- Section 40-31-20 - Disbursement of association funds.
- Section 40-31-21 - Expenses paid from and limited by dairy association fund.
- Section 40-31-22 - Power to sue and be sued--Contract power.
- Section 40-31-23 - Research activities of department.
- Section 40-31-24 - Promotional and advertising activities of department.
- Section 40-31-25 - Administration and enforcement of chapter--Necessary powers.
- Section 40-31-26 - Record and account maintained by association.
- Section 40-31-27 - Copies of records as prima facie evidence.
- Section 40-31-28 - Repealed.
- Section 40-31-29 - Annual report to Governor.
- Section 40-31-3 - Nomination, appointment and terms of producer members.
- Section 40-31-30 - Repealed.
- Section 40-31-31 - Report of violations to attorney general.
- Section 40-31-4 - Nomination, appointment and terms of processor members.
- Section 40-31-5 - Repealed.
- Section 40-31-6 - Officers of association--Orders and rules--Bonds required.
- Section 40-31-7 - Employment and compensation of other personnel.
- Section 40-31-8 - Offices of Association--Expenses--Contracts and agreements.
- Section 40-31-9 - Assessment on milk produced in state--Application.
- Chapter 32 - Milk Plants, Producers, And Distributors
- Section 40-32-1 - Purpose of chapter.
- Section 40-32-10 - Revocation or suspension of plant license for violations--Notice and opportunity todefend.
- Section 40-32-10.1 - Producer's permit required.
- Section 40-32-10.2 - Issuance of producer's permit--Compliance with rules and regulations.
- Section 40-32-10.3 - Renewal of producer's permit not required--Transfer of permits.
- Section 40-32-10.4 - Suspension of producer's license or permit--Grounds--Sanctions--Court action.
- Section 40-32-10.5 - Revocation of producer's permit--Hearing required--Suspension prior to hearing.
- Section 40-32-10.6 - Dairy fieldman's service provided by plant.
- Section 40-32-10.7 - Dairy fieldman's license required--Application and fee--Expiration.
- Section 40-32-10.8 - Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authorityof secretary to suspend permit.
- Section 40-32-10.9 - Revocation of dairy fieldman's license--Hearing required.
- Section 40-32-11 - Tester and grader to be maintained in dairy products plant--License required.
- Section 40-32-12 - Application for tester and grader's license--Fee--Examination of applicant.
- Section 40-32-13 - Licenses for sampling and grading only.
- Section 40-32-14 - Issuance of tester and grader's license--Duration--Refund on failure to qualify.
- Section 40-32-15 - License withheld from unworthy applicant.
- Section 40-32-16 - Posting of tester and grader's license.
- Section 40-32-17 - Suspension or revocation of tester and grader's or sampler and grader's license--Violation as ground for revocation.
- Section 40-32-18 - Promulgation of rules.
- Section 40-32-19 - Repealed.
- Section 40-32-2 - Definition of terms.
- Section 40-32-20 - Coloring matter mixed with products unfit for human consumption--Failure tocomply as misdemeanor.
- Section 40-32-21 - Exemption of operations otherwise regulated.
- Section 40-32-22 - Records and reports to secretary.
- Section 40-32-23 - Access of department to premises, vehicles, and records--Taking of samples.
- Section 40-32-24 - Repealed.
- Section 40-32-25 - Inspection service fee for each dairy farm--Raw milk assessment fee.
- Section 40-32-26 - Reinspection fee--When assessed.
- Section 40-32-27 - Inspection fee for milk plants.
- Section 40-32-28 - Penalty for delinquent payments.
- Section 40-32-29 - Dairy inspection fund established--Expenditures.
- Section 40-32-3 - Exemption of charitable, public, and educational institutions not producing for sale.
- Section 40-32-30 - Repealed.
- Section 40-32-31 - Cooperation with secretary required--Refusal as misdemeanor.
- Section 40-32-32 - Assistance of police in inspection.
- Section 40-32-4 - License required for milk plants, transporters, stations, distributors, and personsbuying or selling milk products.
- Section 40-32-5 - License fees.
- Section 40-32-6 - Milk plant license--Contents--Posting.
- Section 40-32-7 - Transfer of plant licenses restricted.
- Section 40-32-8 - Annual expiration of license.
- Section 40-32-9 - Suspension of license for failure to comply with law.
- Sections 40-32-33, 40-32-34 - Contraband. Seizure or quarantine of contraband--Tagging--Violation as misdemeanor
- Chapter 33 - Dealers In Poultry, Eggs And Dairy Products
- Section 40-33-1 - Definition of terms.
- Section 40-33-10 - Complaint to secretary of damage from breach of bond conditions.
- Section 40-33-11 - Investigation of complaint against wholesale dealer--Notice and hearing--Report andconclusions.
- Section 40-33-12 - Civil action on wholesale dealer's bond--Approval by secretary required.
- Section 40-33-13 - Record of hearing as evidence.
- Section 40-33-14 - Apportionment of bond proceeds when insufficient to satisfy claims.
- Section 40-33-15 - Action by secretary of agriculture on wholesale dealer's bond--Proceeds depositedwith secretary--Allowance of claims--Employment of counsel.
- Section 40-33-16 - Repealed.
- Section 40-33-2 - Business constituting dealing at wholesale.
- Section 40-33-3 - Producer not deemed dealer at wholesale.
- Section 40-33-4 - Resident paying cash for purchases not deemed dealer at wholesale.
- Section 40-33-5 - Cooperatives not deemed dealers at wholesale.
- Section 40-33-6 - Repealed.
- Section 40-33-7 - Bond required of dealer at wholesale--Terms of bond.
- Section 40-33-8 - Additional bond required when wholesale dealer's bond inadequate.
- Section 40-33-9 - Statements of business required of wholesale dealer--Suspension or revocation oflicense for failure to comply.
- Chapter 34 - Dog Licenses And Regulation
- Section 40-34-1 - Killing of dog lawful when disturbing domestic animals.
- Section 40-34-10 - Sources of funds for animal control program.
- Section 40-34-11 - Destruction by law enforcement officer of dog harming big game.
- Section 40-34-12 - Destruction by owner or tenant of dog harming big game.
- Section 40-34-13 - Ownership of vicious dog as public nuisance.
- Section 40-34-14 - Vicious dog defined.
- Section 40-34-2 - Liability of owner for damages by dog disturbing domestic animals--Property subjectto execution--Violation as misdemeanor.
- Section 40-34-3 - Joint liability of owners for damages by dogs in packs--Right of contribution amongdog owners.
- Section 40-34-4 - Dogs at large declared nuisance by county commissioners--Abatement.
- Section 40-34-5 - Running at large prohibited by county--County license or tax on dogs.
- Section 40-34-6 - Graduated fee for county dog license.
- Section 40-34-7 - Repealed.
- Section 40-34-8 - Pound program--Animal control services defined.
- Section 40-34-9 - Animal control program in counties--Impounding of animals--Contracts withmunicipalities.
- Chapter 35 - Domesticated Fur-Bearing Animals
- Chapter 36 - Predatory Animal And Reptile Control
- Section 40-36-1 - Department of Game, Fish and Parks to cooperate with federal agency in control ofinjurious wild animals.
- Section 40-36-10 - Animal damage control fund created.
- Section 40-36-11 - County appropriations to animal damage control fund--Certification of amounts--State matching funds.
- Section 40-36-12 - Repealed.
- Section 40-36-13 - Semiannual county payments to fund.
- Section 40-36-14 - Expenditures from fund.
- Section 40-36-15 - Bounties payable for coyotes--Restrictions on payments--Fraud as misdemeanor.
- Section 40-36-16 - Hunting license not required of landowner to receive bounty.
- Section 40-36-17 - Skin delivered to county auditor to claim bounty--Examination by auditor.
- Section 40-36-18 - Investigation of animal skin by conservation officer--Recommendation as toacceptance for bounty.
- Section 40-36-19 - Marking of skin accepted for bounty.
- Section 40-36-2 - Repealed.
- Section 40-36-20 - Certificate on rejection of skin for bounty--Action for bounty--Use of skin asevidence--Costs.
- Section 40-36-21 - Affidavit filed when bounty claim approved by county auditor.
- Section 40-36-22 - Repealed.
- Section 40-36-23 - Approval or disapproval of bounty claim by Game, Fish and Parks Commission.
- Section 40-36-24 - Final approval and payment of bounty claim.
- Section 40-36-25 - Appeal from disapproval of bounty claim.
- Section 40-36-26 - Bounty claim as misdemeanor when animal died from natural causes--Animal killedby federal or other agency.
- Section 40-36-27 - Killing of predatory animal without hunting license as misdemeanor--Falsificationof bounty claim.
- Section 40-36-28 - Importation or breeding of animals to claim bounty as petty offense.
- Section 40-36-29 - False bounty claim as perjury.
- Section 40-36-3 - Department of Agriculture cooperative agreements for control of injurious wildanimals.
- Section 40-36-3.1 - Prairie dog control program on private lands.
- Section 40-36-30 - Repealed.
- Section 40-36-31 - Repealed.
- Section 40-36-32 - Audit of predatory animal control fund.
- Section 40-36-33 - Predatory animal control fund carried over from year to year.
- Section 40-36-34 - Special tax on sheep in eastern counties levied on petition of sheep owners--Predatory animals defined.
- Section 40-36-35 - Payment of bounties and employment of hunters from proceeds of special tax onsheep.
- Section 40-36-36 - Rate of bounties payable from special tax on sheep--Rules and regulations.
- Section 40-36-37 - County bounty payable on coyotes.
- Section 40-36-38 - Educational campaign for rodent and reptile control.
- Section 40-36-39 - Employment of personnel for extermination of rodents and reptiles--Purchase anddistribution of equipment and supplies--Bounties prohibited.
- Section 40-36-40 - Disposition of carcasses of rodents and reptiles taken--Use of proceeds of sale.
- Section 40-36-41 - Records of rodent and reptile work.
- Section 40-36-9 - Programs and rules for control of injurious animals--Payment of expenses.
- Sections 40-36-39.1, 40-36-39.2 - South Dakota rodent control fund. Validation of rodent control agreements
- Sections 40-36-4 to 40-36-8 - Repealed
- Sections 40-36-42 to 40-36-45 - Repealed
- Chapter 37 - Predator Control Districts
- Section 40-37-1 - Petition by livestock owners for designation of county as predator control district.
- Section 40-37-1.1 - County livestock census--Procedure.
- Section 40-37-1.2 - Repealed.
- Section 40-37-10 - Special levy for district operations--Certification to county commissioners.
- Section 40-37-11 - Special tax levy on sheep and cattle--Maximum amount.
- Section 40-37-12 - Additional tax levied by county commissioners subject to referendum--Amount.
- Section 40-37-13 - Referendum for additional tax levy--Mailing and contents of ballots--Publication--Computation of results--Time for returning ballots.
- Section 40-37-14 - Effective period of additional tax--Certification to county commissioners--Levy.
- Section 40-37-15 - Tax levy not authorized on class of livestock without petition by majority of owners.
- Section 40-37-16 - Acceptance of voluntary donations and appropriations.
- Section 40-37-17 - Collection and payment to district of control district taxes--Credit to control districtfund.
- Section 40-37-18 - Records kept by secretary-treasurers--Public inspection.
- Section 40-37-2 - Repealed.
- Section 40-37-3 - Petition for multiple-county district--Consent of included counties required.
- Section 40-37-4 - Board of directors of district--Qualifications--Number.
- Section 40-37-5 - First district meeting--Notice to livestock owners--Appointment of chairman andsecretary.
- Section 40-37-6 - Selection of district officers--Called meetings of directors--Quorum--Nocompensation.
- Section 40-37-7 - Annual district meetings--Notice to livestock owners on revised list.
- Section 40-37-8 - Election of directors--Voting--Terms of office.
- Section 40-37-9 - Powers of district board of directors.