South Dakota Code — 40
Browse 536 sections in division 40 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 40-1-1. Definition of terms.
- § 40-1-2.3. Neglect, abandonment, or mistreatment of animal--Exception--Penalty.
- § 40-1-2.4. Cruelty to animals--Felony.
- § 40-1-5. Impoundment of neglected, abandoned, mistreated, or cruelly treated animal--Expenses of care as lien--Warrant or court order.
- § 40-1-5.1. Liability of owner or caretaker for impounded animal.
- § 40-1-10.1. Animal fighting exhibitions or for amusement or gain prohibited--Felony or misdemeanor.
- § 40-1-11. Entry by officer of place where animal fight conducted--Arrest of persons present.
- § 40-1-11.1. Seizure of fighting animals and related paraphernalia--Disposition.
- § 40-1-12. Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violation as misdemeanor.
- § 40-1-13. Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor.
- § 40-1-14. Corporate responsibility for knowledge and acts of agents.
- § 40-1-16. Regulated scientific experiments permitted--Inspection.
- § 40-1-17. Exemptions from chapters 40-1 and 40-2.
- § 40-1-20. Intentionally poisoning animal of another--Misdemeanor--Exceptions.
- § 40-1-21. Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted.
- § 40-1-23. Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor.
- § 40-1-24. Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized.
- § 40-1-25. Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules.
- § 40-1-28. Inspection of premises authorized.
- § 40-1-29. Investigation procedure.
- § 40-1-30. Records of complaints--Public inspection.
- § 40-1-31. Liability of officer or agent.
- § 40-1-32. Liability of parent or guardian for violation by minor.
- § 40-1-34. Disposition of impounded animals.
- § 40-1-35. Contract to enforce livestock provisions.
- § 40-1-36. Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal.
- § 40-1-37. Use of weapons or tranquilizing agents to control dangerous animals.
- § 40-1-38. Injury or harassment of service animal--Penalty.
- § 40-1-39. Rebuttable presumption of maliciousness.
- § 40-1-40. Harassment defined--Malicious act defined.
- § 40-2-1. Incorporation of society--Number of incorporators--Authorization by county to exercise statutory privileges and authority.
- § 40-2-4. Limitation on activities.
- § 40-2-5. Contract for animal control services.
- § 40-2-6. Animal control officers--Appointments--Judicial authorization.
- § 40-2-7. Enforcement by law enforcement officer or animal control officer--Powers.
- § 40-2-8. Animal care and control agency defined.
- § 40-2-9. Animal control officer defined.
- § 40-3-1. Continuation of board--Statutory references to board.
- § 40-3-1.1. Reports by board to agriculture department--Administrative functions restored to board--Other independent functions.
- § 40-3-2. Composition of board--Appointment and terms of office--Vacancies.
- § 40-3-3. Qualifications of board members--Oath of office.
- § 40-3-4. President and vice-president of board.
- § 40-3-5. Appointment of executive secretary--Qualifications--Term of office.
- § 40-3-6. Employment of other personnel by board.
- § 40-3-7. Compensation and duties of executive secretary and employees--Per diem and expenses of board members and employees.
- § 40-3-8. Meetings of board.
- § 40-3-9. Scope of responsibilities of board.
- § 40-3-10. Poultry under board.
- § 40-3-11. Executive secretary as state veterinarian--General duties and responsibilities.
- § 40-3-12. State university veterinary diagnostic laboratory to assist board--Examinations.
- § 40-3-14. Orders of board--Promulgation of rules.
- § 40-3-15. Publication of bulletins by board.
- § 40-3-16. Access to property and inspections by board.
- § 40-3-17. Examination of witnesses by board--Administration of oaths--Subpoena power.
- § 40-3-18. Fees and mileage of witnesses before board.
- § 40-3-19. Enforcement of board orders by sheriff or law enforcement officer.
- § 40-3-20. Disposition of fees collected.
- § 40-3-21. Administrative expenses paid from appropriated funds.
- § 40-3-22. Annual report to Governor.
- § 40-3-23. Definitions.
- § 40-3-24. Certain nondomestic mammals not allowed--Violation as misdemeanor.
- § 40-3-25. Promulgation of rules for bringing nondomestic mammals into state.
- § 40-3-26. Rules regulating breeding, raising, marketing, and transportation of certain captive nondomestic animals.
- § 40-3-27. Programs for identification of animals and premises involved in animal movements--Records--Purpose.
- § 40-3-28. Development of identification program conflicting with or superceding state brand laws prohibited.
- § 40-3-29. Promulgation of rules for implementation of identification programs.
- § 40-3-30. Animal disease research and diagnostic laboratory bond redemption and operations fund.
- § 40-5-1. Spread of disease germs or contamination of water as misdemeanor.
- § 40-5-1.1. Definition of terms.
- § 40-5-5.1. Rules concerning permits for importation of rams and testing for disease.
- § 40-5-7. Contagious disease of any animal to be reported to board.
- § 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.
- § 40-5-8.2. Authority to inspect, examine, test, and quarantine animals--Violation as misdemeanor.
- § 40-5-8.3. Authority to seize and destroy nondomestic animals--Coordination with Department of Game, Fish and Parks.
- § 40-5-8.4. Requirements for movement of nondomestic animal into state--Violation as misdemeanor.
- § 40-5-8.5. Authority of board to prosecute violations--Limitation on liability of board or its agents.
- § 40-5-8.6. Authority to promulgate rules.
- § 40-5-9. Board orders for suppression of disease--Killing of infected animals.
- § 40-5-10. Orders of board--Signature.
- § 40-5-11. Emergency quarantine orders effective immediately.
- § 40-5-12. Publication of board orders--Effective date.
- § 40-5-13. Violation of board quarantine as misdemeanor--Second violation as felony.
- § 40-5-14. Person with notice of board order not permitted to question publication.
- § 40-5-15. Disposal of carcasses subject to board order.
- § 40-5-16. Burial or burning of carcasses by sheriff on board order--Access to premises.
- § 40-5-17. Compensation of sheriff for disposal of carcasses--Recovery of expenses from owner.
- § 40-5-18. Notice to governor of epidemic beyond board's control.
- § 40-5-19. County and municipal expenditures for disease control--Cooperation with state and federal agencies.
- § 40-12-1. Confinement of animals required in localities where rabies exists--Neglect as misdemeanor.
- § 40-12-2. Destruction of rabid animal required.
- § 40-12-4. Definition of terms.
- § 40-12-5. Confinement of pet after attack upon person--Violation as misdemeanor.
- § 40-12-6. Confinement of pet bitten by animal suspected of having rabies--Violation as misdemeanor.
- § 40-14-1. Restrictions on importation from quarantine areas outside state.
- § 40-14-2. Certificate of veterinary inspection required for importation of livestock--Exceptions--Violation as felony.
- § 40-14-3. Notice and permit for importation of animals without certificate.
- § 40-14-4. Quarantine and examination of stock imported without certificate--Release as misdemeanor--Expenses of examination.
- § 40-14-5. Continuing quarantine when imported animals found infected--Treatment.
- § 40-14-7. Animals from Indian reservation treated as imported.
- § 40-14-8. Saddle and work horses and mules exempt from requirements when in use.
- § 40-14-9. Removal or release of animals shipped under false billing as misdemeanor.
- § 40-14-10. Certification by veterinarian without inspection of animals as misdemeanor.
- § 40-15-1. Business constituting livestock auction agency--Exceptions.
- § 40-15-1.1. Buying stations subject to chapter.
- § 40-15-1.2. "Mobile market" defined.
- § 40-15-1.3. "Livestock" defined.
- § 40-15-2. License required for auction agency--Display at place of sales--Violation as petty offense.
- § 40-15-3. Application for auction agency license--Contents.
- § 40-15-4. Hearing on application for license--Notice to livestock associations of application.
- § 40-15-5. Publication and public notice of application for license.
- § 40-15-6. Hearing on application for license--Issuance on finding of conformity.
- § 40-15-7. Factors considered in determining whether to issue license.
- § 40-15-8. Annual fee for issuance or renewal of license.
- § 40-15-9. Notice and hearing dispensed with on renewal of license.
- § 40-15-10. Bond required to operate auction agency--Terms of bond--Approval--Amount--Violation as misdemeanor.
- § 40-15-11. Cancellation of auction agency bond by surety--New bond before continuing business.
- § 40-15-12. Action on auction agency bond.
- § 40-15-13. Livestock handling and testing facilities required for auction agency license--Revocation or suspension if facilities inadequate or unsanitary.
- § 40-15-13.1. Approved scales to be used.
- § 40-15-13.2. Promulgation of rules--Scales--Fees.
- § 40-15-14. Rules specifying facilities needed by veterinary inspector.
- § 40-15-15. Separate pens for segregation of diseased animals--Marking of quarantine pens.
- § 40-15-16. Auction agency services available without discrimination--Filing and posting of rate schedules--Rebates prohibited--Violation as petty offense.
- § 40-15-17. Minimum inspection fees established by Animal Industry Board.
- § 40-15-18. Inspection fees paid to Animal Industry Board.
- § 40-15-19. Inspection service to be provided at auction agency--Veterinarian employed by board--Qualifications--Assistant veterinarian--Violation as petty offense.
- § 40-15-20. Inspection of livestock by veterinarian--Compensation from fees collected.
- § 40-15-21. Testing and treatment required before removal of animal from auction agency.
- § 40-15-22. Veterinary inspection of premises and equipment--Supervision of cleaning of facilities and vehicles.
- § 40-15-23. Inspection in manner prescribed by Animal Industry Board or federal government.
- § 40-15-24. Veterinary inspector supervised by animal industry board--Discontinuance for failure to perform--Supervising veterinarians.
- § 40-15-25. Auction agency not liable for negligence of inspector--Inspector not agent of agency.
- § 40-15-26. Responsibility for inspection of livestock before shipment from auction agency--Certificate to comply with requirements at destination.
- § 40-15-27. Records of livestock agency--Contents--Violation as petty offense.
- § 40-15-28. Records open to inspection--Preservation--Copies furnished.
- § 40-15-29. Revocation or suspension of license for failure to keep records.
- § 40-15-30. Uniform accounting system for agencies.
- § 40-15-31. Segregation and safeguarding of customers' funds by auction agency--Misuse of funds as felony.
- § 40-15-31.1. Electronic auction--Regulation--Licensure.
- § 40-15-31.2. Electronic auction--Delivery.
- § 40-15-32. Revocation or suspension of license for violations--Effect of revocation or suspension.
- § 40-15-32.1. Grounds for revocation, suspension, or refusal to renew license.
- § 40-15-32.2. Board authorized to assume control of funds when agency's license revoked.
- § 40-15-33. Appeal to circuit court from revocation or suspension of license.
- § 40-15-34. Operation of auction agency without license as misdemeanor--Each day as separate offense.
- § 40-15-35.1. Animal Industry Board allowed to apply for injunction.
- § 40-15-36. Enforcement of chapter--Orders, rules, and regulations--Publication and posting.
- § 40-15-37. Disposition of fees--Apportionment between disease emergency fund and inspectors fund.
- § 40-15-38. Use of livestock disease emergency fund--Authorization by Governor required.
- § 40-15-39. "Livestock fraud" defined--Evidence--Felony.
- § 40-15A-1. Definition of terms.
- § 40-15A-1.1. License as dealer, packer, or packer buyer required--Violation as misdemeanor.
- § 40-15A-2. Auction agencies, farmers, ranchers, and livestock feeders exempt.
- § 40-15A-3. Annual application for dealer's, packer's, or packer buyer's license--Contents.
- § 40-15A-4. Fee for license--Duration of license.
- § 40-15A-5. Bond required of dealer, packer or packer buyer--Proof of bond filed under federal law--Exemption for employees of bonded packers--Board as obligee--Promulgation of rules--Violation as misdemeanor.
- § 40-15A-6. Time and place for hearing on application--Notice to livestock associations.
- § 40-15A-7. License posted in place of business--Pocket card.
- § 40-15A-8. Facilities provided by dealer--Unloading and inspection of livestock.
- § 40-15A-8.1. Partial payment of purchase price at time of sale or delivery--Payment of balance.
- § 40-15A-8.2. Records required to be kept by licensees.
- § 40-15A-9. Fees credited to general fund.
- § 40-15A-10. Grounds for revocation or refusal of license.
- § 40-15A-11. Suspension in lieu of revocation of license--Administrative procedure law governs.
- § 40-15B-1. Definitions.
- § 40-15B-2. Price discrimination by packer prohibited--Exemption.
- § 40-15B-3. Terms and conditions to be uniform.
- § 40-15B-4. Packer to report prices paid.
- § 40-15B-5. Agreements in violation of provisions voidable--Violation as fraudulent.
- § 40-15B-6. Attorney general to enforce provisions--Action to restrain violation--Civil action--Treble damages.
- § 40-15B-7. Packer to make available daily report of prices paid--Forms--Seller's identity not to be revealed--Penalties for violation.
- § 40-15B-8. Certain acts by packers prohibited.
- § 40-17-1. License required for rendering and pet food processing plant--Violation as misdemeanor.
- § 40-17-2. Application for rendering or pet food processing plant license.
- § 40-17-3. Inspection of equipment, vehicles and place of business on application for license.
- § 40-17-4. Issuance of license--Fee--Duration.
- § 40-17-5. Acceptance of carcasses transported by others prohibited.
- § 40-17-6. Licensed establishment's authority to transport diseased carcasses on highway.
- § 40-17-7. Construction and covering of containers and vehicles used to transport carcasses.
- § 40-17-8. Disinfection of exterior of vehicle before use of highway.
- § 40-17-9. Disinfection of containers and vehicles before leaving rendering establishment.
- § 40-17-9.1. Adoption of rules to implement this chapter.
- § 40-18-1. Composition of board--Nomination and appointment of members.
- § 40-18-1.1. Board attached to Department of Agriculture and Natural Resources for reporting--Function retained--Appointment of staff director.
- § 40-18-1.2. Definitions.
- § 40-18-2. Qualification of board members.
- § 40-18-3. Terms of appointment to board--Vacancies.
- § 40-18-5. Quorum of board--Vote required for action.
- § 40-18-6. Office of board.
- § 40-18-7. President and vice president of board.
- § 40-18-8. General duties of staff director--Call of meetings.
- § 40-18-9. Employment of other persons by board--Compensation--Expenditures.
- § 40-18-10. Designation of private or nonprofit corporation for provision of ownership inspection--Terms of contract.
- § 40-18-10.1. Agreements with other states for livestock ownership inspection.
- § 40-18-11. Bond required of custodian of board funds.
- § 40-18-12. Seal of board.
- § 40-18-13. Administration of marking and branding laws.
- § 40-18-14. Employment of law enforcement officers--Enforcement of marking and branding laws--Hiring of additional inspectors.
- § 40-18-15. Ownership inspection on transportation of livestock.
- § 40-18-16. Promulgation of rules.
- § 40-18-17. Board to provide for brand registration, livestock inspection, and enforcement of laws.
- § 40-18-18. Annual report to Senate and House committees.
- § 40-18-19. Arrest for violation of chapters 40-19 to 40-22 or 40-29--Promise to appear--Bond--Violation as misdemeanor.
- § 40-18-20. Inspection outside livestock ownership inspection area.
- § 40-18-21. Memorandum of understanding--Indian tribes--Cooperation to investigate livestock theft.
- § 40-19-1. Use of unregistered brand as misdemeanor.
- § 40-19-2. Exclusive right to use brand after registration.
- § 40-19-2.1. Placement of brand.
- § 40-19-3. Single symbol brand not recordable--Validity of presently recorded brands--Exception for sheep--Hot iron or paint for sheep.
- § 40-19-4. Filing of application for brand--Facsimile included.
- § 40-19-5. Application form--Notice if brand recordable--Fees.
- § 40-19-6. Registration of brand--Certificate of registration.
- § 40-19-7. Rejection of brands by board--Grounds--Composition of brands--Location on animal as part of brand.
- § 40-19-9. Rejection of brand adding symbol to existing brand--Exception.
- § 40-19-10.1. Permit required for cattle branded with out-of-state brand--Cattle purchased for export--Violation as misdemeanor.
- § 40-19-11. Registration of brands approved--Preservation of applications on certificates--Registration and renewal fees.
- § 40-19-12. Five-year renewal of brands--Renewal fee.
- § 40-19-13. Abandonment of brand by failure to renew.
- § 40-19-13.1. Cancellation of certificate paid for with bad check.
- § 40-19-14. Rerecording of cancelled brand by previous owner.
- § 40-19-15. Change of registration on receipt of bill of sale--Fees for recording transfers--Certain brands not to be transferred to separate owners.
- § 40-19-16. Replacement of lost or destroyed certificate--Affidavit--Fee.
- § 40-19-17. Cancellation of brand conflicting with previous brand.
- § 40-19-18. Cancellation of brand used for felony or theft.
- § 40-19-19. Replacement brand for canceled brand--Application--No assessment of fee.
- § 40-19-20. Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor.
- § 40-19-21. Unlawful use of brand as misdemeanor.
- § 40-19-22. Fees paid into brand fund--Purposes for which used.
- § 40-19-23. Administrative expenses paid from brand fund--Vouchers and warrants--Publication and sale of brand books and supplements.
- § 40-19-23.1. Brand board activities.
- § 40-19-24. Registered brand as prima facie evidence of ownership--Copy of register as proof of brand.
- § 40-19-25. Misuse or alteration of brand as felony.
- § 40-19-26. Property rights unimpaired.
- § 40-20-1. Counties included in inspection area.
- § 40-20-2. Petition for addition of county contiguous to ownership inspection area--Discretion of board--Minimum area added.
- § 40-20-3. Withdrawal of county from inspection area by petition--Minimum area withdrawing.
- § 40-20-4. Inspection and certificate required for removal of livestock from ownership inspection area--Violation as misdemeanor--Impoundment--Venue.
- § 40-20-4.1. Permit to move livestock from area--Duration of permit--Fee--Permit to transport horses and mules.
- § 40-20-4.2. Inspection of livestock while in or on conveyance--Penalty.
- § 40-20-4.3. Inspector prohibited from inspecting own livestock--Violation as misdemeanor.
- § 40-20-4.4. Rodeo livestock--Alternative brand inspection procedures.
- § 40-20-5. Livestock ownership inspection area dividing ranch--Movement of livestock without inspection.
- § 40-20-6. Ownership inspection not required for transportation or trailing to open market.
- § 40-20-7. Authorization for transportation to open market or slaughter plant.
- § 40-20-7.1. Reinspection required of livestock unloaded anywhere other than market of origin.
- § 40-20-10. Transportation of livestock without required authorization--Penalty.
- § 40-20-10.1. Proceeds of sale held in trust pending authorization.
- § 40-20-12. Diversion of livestock--Inspection required--Penalty.
- § 40-20-18. Exhibition of authorization on demand of law enforcement officer--Failure to possess authorization as misdemeanor.
- § 40-20-24. Law enforcement officer stopping vehicle for inspection--Unloading of livestock.
- § 40-20-25. Law enforcement officer not liable for damages in stopping vehicle.
- § 40-20-26. Licensed auction markets in inspection area to require ownership inspection of livestock--Neglect as misdemeanor--Discretionary reinspection.
- § 40-20-26.1. Sale or transfer of ownership--Required inspection--Penalty.
- § 40-20-26.2. Transfer of ownership--Authorized bill of sale--Limitations--Penalty.
- § 40-20-26.3. Promulgation of rules exempting certain persons from § 40-20-26.1.
- § 40-20-27. Livestock ownership inspection certificate issued to buyer.
- § 40-20-28. Fee for inspection services--Determination of rate--When collected.
- § 40-20-29. Inspection and certificate required for slaughter or processing of livestock commercially within inspection area--Misdemeanor--Out-of-state certificate--Exhibition on demand.
- § 40-20-30. Injunction to restrain violation of this chapter or chapter 40-21.
- § 40-20-32. Feedlot operation in inspection area--Designation as registered feedlot--Application--Requirements.
- § 40-20-33. Rules for suspension or revocation of feedlot permit--Inspection of cattle--Renewal of permit.
- § 40-20-34. Inspection of cattle shipped from feedlot--Fee.
- § 40-20-35. Permit for shipment of cattle from feedlot for slaughter--Inspection of cattle without forms--Fees.
- § 40-20-36. Inspection of feedlot, cattle, records, and inspection certificates.
- § 40-20-37. Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.
- § 40-20-38. Grounds for refusal to inspect.
- § 40-20-39. Inspection of livestock removed from inspection area--Fee.
- § 40-20-40. Mileage fee for travel to inspection.
- § 40-21-3.1. Transporting cattle, horses, mules, sheep, buffalo, or carcasses without owner's permit prohibited--Contents of permit--Written statement in lieu of permit--Violation as misdemeanor.
- § 40-21-5. Designation of open market for livestock--Promulgation of rules--Open market agreement.
- § 40-21-6. Inspections made between sunrise and sunset--Rules regulating inspection during hours of darkness.
- § 40-21-7. Inspection fee for livestock--Receipt--Charge on entire consignment.
- § 40-21-8. Deposit of fees collected by inspecting agency--Monthly report of fees and expenses.
- § 40-21-9. Fees paid into livestock ownership inspection and theft prevention fund--Purposes for which used.
- § 40-21-10. Proof of ownership required for livestock not bearing seller's brand.
- § 40-21-11. Proof of ownership required for livestock bearing more than one brand.
- § 40-21-12. Holding or sale of livestock or proceeds on failure to establish ownership--Financial responsibility of selling agent--Civil suit--Discretion of inspector--Disposition of proceeds without board's release as misdemeanor.
- § 40-21-12.1. Hold on livestock on failure of person transporting livestock to establish ownership--Removal prohibited--Violation as misdemeanor.
- § 40-21-14. Time allowed for establishment of ownership after sale of animal--Sale price paid to owner.
- § 40-21-15. Failure of seller to establish ownership--Sale proceeds paid to board--Account of sale.
- § 40-21-16. Separate fund for sale proceeds of undetermined ownership held by board--Period for which held--Payment to owner on proof of ownership.
- § 40-21-17. Sale proceeds of undetermined ownership escheat to board--Deposit in ownership inspection and theft prevention fund when ownership not established.
- § 40-21-19. Delegation of board powers to livestock inspection agency.
- § 40-21-20. Enforcement of rules.
- § 40-21-21. Forgery, alteration, or misrepresentation of inspection certificate, market clearance, bill of sale, or permit as felony.
- § 40-21-22.1. Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.
- § 40-21-23. Venue of offenses.
- § 40-21-24. Reward authorized--Funding.
- § 40-21-25. Rendering establishments exempt from provisions governing transport of hides and carcasses.
- § 40-22-7. Bill of sale attached to inspector's report.
- § 40-22-12. Names and dates of persons delivering livestock required of person slaughtering.
- § 40-22-13. Violation of chapter or falsification of records as felony.
- § 40-23-1. Definition and purposes of grazing district.
- § 40-23-2. Number of incorporators--Filing of articles.
- § 40-23-3. Execution and contents of articles of incorporation.
- § 40-23-4. Filing of map showing boundaries--Revision on change of boundaries--Revocation of lease for failure to file.
- § 40-23-5. Arbitration of overlapping district boundaries.
- § 40-23-6. Power to lease, acquire, and dispose of land.
- § 40-23-7. Power to lease county land.
- § 40-23-8. Fences, reservoirs, and facilities for care of livestock.