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South Dakota

South Dakota Codified Laws. Title 40. Animals and Livestock. Chapter 40-3. State Animal Industry Board.

Statute Details
Printable Version
Citation: S D C L 40-3-23 - 29

Citation: SD ST 40-3-23 - 29


Last Checked by Web Center Staff: 11/2013

Summary:   These South Dakota statutes make it a misdemeanor to import or possess any nondomestic mammal, with exceptions. The statutes establish the Animal Industry Board, which promulgate rules to allow nondomestic mammals that are safe to the public and to the free-roaming animals of the state to be imported or possessed. The Board regulates the breeding, raising, marketing, and transportation of any captive nondomestic mammals. The Board may also develop and implement programs to identify animals and premises involved to further animal health and food safety.


Statute in Full:

 

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

 


40-3-23. Definitions

 Terms used in this section and in §§ 40-3-24 to 40-3-26, inclusive, mean:

(1) “Animal,” any mammal, bird, reptile, amphibian, or fish, except humans;

(2) “Captive nondomestic animal,” any nondomestic animal or hybrid thereof held in man-made confinement or physically altered to limit movement and facilitate capture;

(3) “Domestic animal,” 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) “Free-roaming animal,” any animal not in captivity, other than a domestic animal; and

(5) “Nondomestic animal,” any animal that is not domestic.

CREDIT(S)

Source: SL 1993, ch 311, § 1.

 

 

40-3-24. Certain nondomestic mammals not allowed--Violation as misdemeanor

No person may bring into the state or possess in the state any nondomestic mammal unless the mammal is allowed in the state pursuant to § 40-3-25. This section is effective on the date the rules promulgated pursuant to § 40-3-25 are effective. Any violation of this section is a Class 2 misdemeanor.

CREDIT(S)

Source: SL 1993, ch 311, § 2.

 

40-3-25. Promulgation of rules for bringing nondomestic mammals into state

The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 to allow to be brought into the state any nondomestic mammals which the board determines would be safe to the public and to the free-roaming animals of the state. Before such rules may be adopted, the Animal Industry Board shall consult with the Game, Fish and Parks Commission.

CREDIT(S)

Source: SL 1993, ch 311, § 3.

 

 

40-3-26. Rules regulating breeding, raising, marketing, and transportation of certain captive nondomestic animals

The Animal Industry Board shall, by rules promulgated pursuant to chapter 1-26, regulate the breeding, raising, marketing, and transportation of any captive nondomestic animal of the mammalia class and the products thereof which is allowed in the state pursuant to § 40-3-25. The rules may provide the following:

(1) Require a permit of any person possessing such animals;

(2) Prescribe the application procedures for a permit;

(3) Require a legal description of the premises where such animals are held;

(4) Require an inventory of such animals at the time of application and require reports to provide for the continual accounting of such animals and their offspring;

(5) Require the marking of such animals for identification purposes;

(6) Require facilities and procedures to ensure such animals to be confined from free-roaming animals;

(7) Establish facility requirements and procedures for identification and inspection of such animals by the board;

(8) Establish the grounds for denial, suspension, or revocation of a permit and for the seizure and disposition of any unlawfully held animal; and

(9) Establish a fee for a permit which may not exceed one hundred dollars.

CREDIT(S)

Source: SL 1993, ch 311, § 4.

 


40-3-27. Programs for identification of animals and premises involved in animal movements--Records--Purpose


The Animal Industry Board may develop and implement specific programs for the identification of animals and premises involved in animal movements. Any program implemented pursuant to §§ 40-3-27 to 40-3-29, inclusive, shall provide for confidentiality of identification records other than those records requested by law enforcement officers of the state and those records used for mandatory disease control or eradication efforts.

Any identification program implemented pursuant to §§ 40-3-27 to 40-3-29, inclusive, shall be for the sole purpose of maintaining animal health and ensuring the safety of the food supply.

CREDIT(S)

Source: SL 2005, ch 219, § 1.

 

 

40-3-28. Development of identification program conflicting with or superceding state brand laws prohibited

The Animal Industry Board may not develop and implement any identification program that conflicts with or supercedes any provision of the state brand laws.

CREDIT(S)

Source: SL 2005, ch 219, § 2.

 

 

40-3-29. Promulgation of rules for implementation of identification programs

The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 for the implementation of identification programs concerning:

(1) Descriptions of the systems used to implement identification programs;

(2) Methods and procedures to foster cooperation with industry, other states, and the federal government in implementing identification programs;

(3) Definitions to be used in identification programs;

(4) Types of identification approved in identification programs;

(5) Methods for tracking movements of animals included in identification programs;

(6) Penalties for intentional removal of official identification devices from animals within the state or from animals imported into the state;

(7) Confidentiality of identification records other than those used for mandatory disease control and eradication programs;

(8) Types and species of animals included in identification programs; and

(9) Criteria for defining programs as voluntary or mandatory.

CREDIT(S)

Source: SL 2005, ch 219, § 3.

 



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