ARSD Article 12:68 — DISEASE CONTROL AND MEAT INSPECTION

AGRICULTURE AND NATURAL RESOURCES AGRICULTURE AND NATURAL RESOURCES

Chapter 12:68:01 Definitions

ARSD 12:68:01:01 Definitions

Terms defined in SDCL chapters 40-3 through 40-33 have the same meaning when used in this article. As used in this article:

(1) "Authorized testing agent" means a person employed by a hatchery to perform the pullorum typhoid test;

(2) "Baby poultry" means newly hatched poultry that have not been fed or watered;

(3) "Biological" means any product to be used in animals for the prevention or treatment of disease, including serums, vaccines, bacterins, and viruses, any parts of any of these, and any diagnostic testing materials for animal disease;

(4) "Blood test" means one of the following blood tests for pullorum typhoid: the standard agglutination test or the rapid serum test for all classes of poultry, or the stained antigen rapid whole blood test for all classes of poultry, except turkeys;

(5) "Boar" means male non-neutered swine over six months of age;

(6) "Board" means the South Dakota Animal Industry Board;

(7) "Bovine tuberculosis" means a disease in cattle caused by mycobacterium tuberculosis bovis;

(8) "Bovine tuberculosis eradication" means the complete elimination of bovine tuberculosis from cattle in a state, so that it does not appear unless introduced from another species or from outside the state;

(9) "Cattle" means domestic bovine animals of all ages;

(10) "Direct supervision" means the process of being under the direction and inspection of an agent of the board;

(11) "Direct to slaughter" means the shipment of livestock from the premises of origin to a slaughter establishment, without diversion to assembly points such as auctions, public stockyards, and feedlots;

(12) "Domesticated fowl" means any fowl that, through long association with man, has been bred to a degree that resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species, thereby making it unique and different from wild individuals of its kind;

(13) "Flock" means all poultry maintained and segregated for more than 21 days on one premises;

(14) "Hatchery" means buildings and equipment on one premises operated or controlled for the production of baby poultry;

(15) "Hatching eggs" means eggs produced by poultry to be used for hatching;

(16) "Herd" means a group of cattle maintained on common ground for any purpose, or two or more groups of cattle that are under common ownership or supervision, and geographically separated, but that have an interchange of cattle without regard to health status;

(17) "Herd depopulation" means the removal of all cattle on a premises direct to slaughter;

(18) "Official identification" means a manner of identification defined in 9 C.F.R. § 86.1 (January 1, 2021) or other means of marking livestock authorized by the board;

(19) "Multiplier breeding flock" means a flock that is intended for the production of hatching eggs used to provide baby poultry for commercial egg and meat production or for other nonbreeding purposes;

(20) "United States Department of Agriculture approved backtag" means a means of identification described in 9 C.F.R. § 86.1 (January 1, 2021);

(21) "Certificate of veterinary inspection" means a document that has been designated by the state of origin as the form for certifying the health status of livestock exported from that state;

(22) "Owner" means the legal owner, the owner's agents, and the person in possession of or caring for livestock referred to;

(23) "Person" means a natural person, firm, or corporation;

(24) "Poultry" means all domestic and nondomestic fowl;

(25) "Primary breeding flock" means a flock that is maintained for the purpose of establishing, continuing, or improving parent lines;

(26) "Premises under quarantine" means a confined area under the direct supervision and control of a state livestock health official who establishes procedures to account for all animals entering or leaving the premises;

(27) "Registration tattoo" means an official registry tattoo number that has been recorded with a recognized breed registry association;

(28) "Sow" means a female swine over six months of age;

(29) "Started poultry" means poultry that have been fed and watered and are less than six months of age;

(30) "State inspector" means an authorized agent of the board;

(31) "Surveillance" means all measures used to detect the presence of disease in livestock;

(32) "Testing agent" means a person who is authorized by the board to perform the rapid whole blood pullorum typhoid test and collect specimens from poultry for diagnostic purposes;

(33) "U.S. pullorum typhoid clean" means flocks or fowl certified as meeting the U.S. pullorum typhoid clean standard, as prescribed in 9 C.F.R. Part 145 (January 1, 2021); and

(34) "Veterinarian" means a person who is licensed to practice veterinary medicine within the state and who is approved by the United States Department of Agriculture in accordance with 9 C.F.R. Subchapter J, Part 161 (January 1, 2021), to perform functions specified in 9 C.F.R. § 160.1 (January 1, 2021).

History

Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 43 SDR 41, effective September 26, 2016; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:01:02 Repealed

Gender and numeration of words used.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 18 SDR 55, effective September 23, 1991.

Chapter 12:68:02 Administration of the division

ARSD 12:68:02:01 Definitions

Terms defined in SDCL 1-26-1 have the same meanings when used in this chapter. In addition, terms used in this chapter mean:

(1) "Petitioner," the person filing;

(2) "Respondent," the person filed against.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:02:02 Superseded

Promulgation, amendment, or repeal of a rule.** Superseded.

Commission Note: SDCL 1-26-13 provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.

ARSD 12:68:02:03 Number of copies

The petitioner shall present the original and one copy of the petition required by SDCL 1-26-13 to the board.

Commission Note: The reference in this section was corrected to comply with 1975 Session Laws, chapter 16, § 24, which provides a statutory procedure for petitioning an agency for a change in rules.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 1-26-13.

ARSD 12:68:02:04 Obtaining a declaratory ruling

Any person may have the board issue a decision on the applicability of any statutory provision, rule, or order pertaining to matters within the jurisdiction of the board by the submission of a petition in writing containing the following information:

(1) The authority by which the petition is presented;

(2) The name of the person, agency, or group submitting the petition;

(3) The requested action and reasons for the action;

(4) The signature of the person or the authorization of group or agency petitioning; and

(5) The notarization of the signature of authorization.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 1-26-15.

ARSD 12:68:02:05 Repealed

Number of copies.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 18 SDR 55, effective September 23, 1991.

ARSD 12:68:02:06 Request for decision from agency

Any party to a contested case before the board may request a final order terminating administrative action declaring the rights and liabilities of the parties to the action, by delivering a demand to the executive board, by delivering the request to the executive secretary in person, or by certified mail. Within 30 days after receipt of the demand, the board must either issue the order or issue an explanation of what procedures must be followed before it can issue the order.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 1-26-13.

ARSD 12:68:02:07 Agency action on request

Upon receipt of a request for a decision the executive secretary shall immediately mail one copy to each board member and set a meeting within 30 days to act on the petition. A hearing pursuant to SDCL 1-26-4(1) shall be held no later than 60 days after the initial receipt by the board of a petition for amendment of rules.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 1-26-13.

ARSD 12:68:02:08 Confidentiality of information

All identification records collected and maintained by the board are confidential and closed to the public. Identification records includes:

(1) The names and addresses of associated persons; and

(2) The location and identification number of the premises where animals are kept.

The board may disclose records requested by law enforcement of the state and used for mandatory disease control or eradication efforts.

For purposes of this section, records used for mandatory disease control or eradication efforts are those records requested by, or required to be given to, other government agencies to control or eradicate current diseases on the board’s list of reportable diseases. Providing records to other government agencies as part of disease control or eradication efforts does not otherwise change the confidential or closed status of the documents.

Collateral Reference: South Dakota Animal Industry Board Reportable Disease List, available at https://aib.sd.gov/diseaseinvestigation.html.

History

Source: 50 SDR 12, effective August 9, 2023.
General Authority: SDCL 40-3-14, 40-3-29.
Law Implemented: SDCL 40-3-27, 40-5-7.

Chapter 12:68:03 Livestock diseases and parasites

ARSD 12:68:03:01 Repealed

Vaccination of sheep imported from blue tongue infested areas.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 18 SDR 55, effective September 23, 1991.

ARSD 12:68:03:02 Importation from blue tongue infested flocks forbidden

No sheep may be imported from flocks known to be infected with blue tongue.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-5-8.

ARSD 12:68:03:03 Repealed

Sheep originating from blue tongue infested states shall be dipped.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 18 SDR 55, effective September 23, 1991.

ARSD 12:68:03:04 Carcasses of hogs dying of hog cholera to be disposed of

Carcasses of hogs which have died from hog cholera shall be burned within 36 hours with the hide intact or disposed of within 36 hours by the operator of a licensed rendering plant or an employee of the plant.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.

ARSD 12:68:03:05 Procedures for disposal of animal carcasses

Carcasses of animals which have died from noncommunicable causes shall, within 36 hours, be burned, buried to a depth of four feet, incorporated into a composting system, or disposed of by a licensed rendering plant.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 44 SDR 47, effective September 18, 2017.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.

ARSD 12:68:03:06 Quarantine of anthrax

If an agent of the board determines that anthrax exists, the agent shall impose a quarantine upon the entire premises, range, or farm. The quarantine shall be released 30 days after the last diagnosed case of anthrax has died and been disposed of according to § 12:68:03:07.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-5-8.

ARSD 12:68:03:07 Disposal of carcasses of animals dying of anthrax

All carcasses of animals that have died of anthrax must be consumed by burning, without removal of hides, within 36 hours after death. All litter and other material that may become infected must be removed and burned. Material that cannot be moved or burned must be disinfected with Cresolis compositus or another disinfectant recommended by the United States Animal and Plant Health Inspection Service in 9 C.F.R. § 71.10 (January 1, 2021), by the secretary of the Animal Industry Board, or by a veterinarian.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.

ARSD 12:68:03:08 Transferred

Transferred to chapter 12:68:17.**

ARSD 12:68:03:09 List of reportable diseases

The board shall publish a list of reportable and quarantinable diseases each year on July 1. Reports of such diseases must be made immediately by telephone, fax, or writing by licensed accredited veterinarians and by all diagnostic laboratories who diagnose diseases on this list. Copies of this list shall be mailed to all licensed and accredited veterinarians and to diagnostic laboratories on July 1 of each year and are available at no charge from the South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501. The board may keep such reports confidential, except for those reports concerning diseases that are specifically regulated for mandatory control and eradication to protect the public health, other livestock, or wildlife.

History

Source: 27 SDR 96, effective April 1, 2001.
General Authority: SDCL 40-3-14, 40-5-7, 40-5-8.6.
Law Implemented: SDCL 40-5-7.

ARSD 12:68:03:10 Emergency and emerging diseases

In the event of a serious emergency threat to the health of the animals of the state from within the state or from other states as determined by the board, the board shall consult with the Governor. If the Governor determines that the threat is an emergency, the board shall take any of the following actions upon approval of the Governor, including:

(1) Prohibiting any movement of animals into or within the state;

(2) Prohibiting any movement of vehicles, equipment, supplies, articles of any kind, or people from or to any facility or geographical area as determined by the board;

(3) Seizing animals and articles associated with animals, cleaning and disinfecting articles, destroying and disposing of any animal, diseased or healthy, or articles as necessary to reduce or eliminate any serious emergency threat to the health of the animals of the state;

(4) Cooperate with any federal, state, tribal, or local government or private entity to reduce or eliminate any serious emergency threat to the health of the animals of the state.

History

Source: 28 SDR 19, effective August 16, 2001.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.6, 40-5-10, 40-5-18.

ARSD 12:68:03:11 Transferred

Transferred to § 12:68:29:01.**

ARSD 12:68:03:12 Marketing biologicals

No person may import or market or distribute within the state any biological as defined in § 12:68:01:01(6) without prior approval for such marketing or distributing by the board.

History

Source: 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-5-8.

Chapter 12:68:04 Tuberculosis control

ARSD 12:68:04:01 Personnel authorized to apply tuberculin tests

Tuberculin tests shall be applied by a veterinarian employed full time by the state or the USDA, or by a veterinarian accredited by the USDA and licensed pursuant to SDCL 36-12.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-6-2, 40-6-10.

ARSD 12:68:04:01.01 Tuberculosis control -- Use of federally approved methods and rules

In carrying out the tuberculosis control program in South Dakota, the Animal Industry Board shall follow methods contained in 9 C.F.R. Parts 50 and 77 (January 1, 2021).

History

Source: 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14(4).

ARSD 12:68:04:02 Repealed

Caudal fold test.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:03 Repealed

Cervical test for retesting.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:04 Requirements for special procedures in infected herds

All animals in herds from which animals with tuberculosis originate and all animals that are known to have associated with infected animals shall be quarantined by an agent of the board. Movement of animals from quarantined herds is allowed only under authorization of an agent of the board. Disclosure of tuberculosis in any herd shall be followed by a complete epidemiological investigation by an epidemiologist appointed by the board. Every effort must be made by the owner to assure the immediate elimination of the disease from all species of domestic and nondomestic animals on the premises.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-6-10.

ARSD 12:68:04:05 Repealed

Tuberculin test interpretation.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 37 SDR 47, effective September 20, 2010; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:06 Repealed

Injection sites palpated.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:07 Repealed

Guidelines for caudal fold test.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:08 Repealed

Mycobacterium tuberculosis bovis infection.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:09 Report of tuberculin tests

A report of all tuberculin tests, including the individual official identification of each animal by eartag number, age, sex, and breed, and a record of the responses, must be submitted to the state veterinarian in accordance with the requirements contained in 9 C.F.R. § 77.5 (January 1, 2021).

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14(4).

ARSD 12:68:04:10 Repealed

Disposition of reactors.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:11 Repealed

Disposition of suspects.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:12 Repealed

No reactors retested.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:13 Repealed

Movement for immediate slaughter.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:14 Repealed

Movement of animals restricted.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:15 Repealed

Permit required to move animals from herds containing suspect animals only.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:16 Herds containing suspect or reactor animals

H** erds containing suspect or reactor animals. Herds containing suspect or reactor animals shall be quarantined until released by an agent of the board. Movement of animals from quarantined herds is allowed only if authorized by an agent of the board.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14(4).

ARSD 12:68:04:17 Repealed

Release from quarantine of animals from herds containing suspect animals only.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:18 Repealed

Deviators.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:19 Repealed

Quarantine of herds when reactors are found.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:20 Repealed

Permit to move animals from quarantined herds.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:21 Repealed

Intrastate movement of animals from quarantined herds.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:22 Quarantine of infected herds

Herds in which mycobacterium bovis infection has been disclosed shall remain under quarantine. They must pass two tuberculin tests at intervals of at least 60 days apart and one additional test six months after the last test before the quarantine may be lifted.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-5-9, 40-6-11.

ARSD 12:68:04:23 Repealed

Quarantine of herd where reactors are found.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:24 Repealed

Release from quarantine of NGL reactors.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:25 Repealed

Quarantine of suspect animals only.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:26 Repealed

Additions to accredited herds.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:27 Repealed

Animals added to accredited herds.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 23, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:28 Repealed

Animals to be tested under accredited herd plan.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:29 Repealed

Accreditation and reaccreditation of accredited herd.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:30 Transferred

Transferred to § 12:68:29:02** .

ARSD 12:68:04:31 Transferred

Transferred to § 12:68:29:07** .

ARSD 12:68:04:32 Cleaning and disinfection of premises

Premises where tuberculous animals have been maintained must be thoroughly cleaned and disinfected, under the supervision of the board, with a disinfectant permitted by the United States Department of Agriculture's Animal and Plant Health Inspection Service in 9 C.F.R. §§ 50.13 and 71.10 (January 1, 2021).

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14(4).

ARSD 12:68:04:33 Repealed

Origin of infection.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:34 Newly assembled herds on depopulated premises to be tested

In a newly assembled herd on a premises where a tuberculous herd has been depopulated, annual herd tests may be applied to all animals at the discretion of the state veterinarian.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14(4).

ARSD 12:68:04:35 Repealed

Herds with history of lesions to be retested.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:04:36 Tuberculosis testing of Mexican animals

All ruminant animals of Mexican origin must be tested negative to tuberculosis by a veterinarian licensed and accredited in the United States within 60 days prior to being imported into the state.

History

Source: 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-6-2, 40-6-10.

ARSD 12:68:04:37 Transferred

Transferred to § 12:68:29:08.**

ARSD 12:68:04:38 Annual testing of recreational cattle

All recreational cattle as described in § 12:68:04:37 shall be annually tested for tuberculosis within 9 to 15 months following the previous tuberculosis test if such retesting is directed by the board.

History

Source: 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-6-2, 40-6-10.

Chapter 12:68:05 Brucellosis and contagious abortion

ARSD 12:68:05:01 Brucellosis control -- Use of federally approved methods and rules

The board shall follow the methods contained in "Brucellosis Eradication: Uniform Methods and Rules," Animal and Plant Health Inspection Service, USDA, October 1, 2003.

Reference: "Brucellosis Eradication: Uniform Methods and Rules," APHIS 91-45-013, October 1, 2003, published by Animal and Plant Health Inspection Service, U.S. Department of Agriculture. Copies may be obtained at no charge from the South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501.

History

Source: SL 1975, ch 16, § 1; 6 SDR 107, effective May 21, 1980; 10 SDR 123, effective May 20, 1984; 12 SDR 190, effective June 1, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:05:02 Repealed

Change of ownership test.** Repealed.

History

Source: 6 SDR 107, effective May 21, 1980; 12 SDR 190, effective June 1, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:05:02.01 Brucellosis test requirement from Class C, Class B, or Class A states

01 Brucellosis test requirement from Class C, Class B, or Class A states.** Any test-eligible cattle or bison imported from a Class C, Class B, or Class A state, as defined in "Brucellosis Eradication, Uniform Methods and Rules," October 1, 2003, must test negative to a brucellosis test within the 30 days before importation.

History

Source: 18 SDR 215, effective June 30, 1992; 27 SDR 96, effective April 1, 2001; 28 SDR 19, effective August 16, 2001; 34 SDR 100, effective October 22, 2007; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:05:02.02 Transferred

Transferred to § 12:68:29:09.**

ARSD 12:68:05:03 Repealed

Retest requirement.** Repealed.

History

Source: 6 SDR 107, effective May 21, 1980; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 215, effective June 30, 1992; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:05:04 Repealed

"S" branding of feedlot cattle and buffalo.** Repealed.

History

Source: 10 SDR 123, effective May 20, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 18 SDR 55, effective September 23, 1991.

ARSD 12:68:05:05 Repealed

Waiver of brucellosis test for animals from brucellosis-free area.** Repealed.

History

Source: 10 SDR 123, effective May 20, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 28 SDR 19, effective August 16, 2001; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:05:06 Repealed

"F" branding requirements for cattle imported from Class B and C states.** Repealed.

History

Source: 12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:05:07 Repealed

Waiver of "F" branding requirements.** Repealed.

History

Source: 12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.

Chapter 12:68:06 Importation of animals

ARSD 12:68:06:01 Certificate of veterinary inspection to accompany imported animals, semen, and embryos

Certificate** of veterinary inspection to accompany imported animals, semen, and embryos. The certificate of veterinary inspection required by SDCL 40-14-2 must accompany all animals, semen, and embryos imported into South Dakota, unless specifically exempted by rule.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 39 SDR 32, effective September 3, 2012; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-14-2.

ARSD 12:68:06:02 Information to be contained in certificates of veterinary inspection

Information to be contained in certificates** of veterinary inspection. Each certificate of veterinary inspection shall include:

(1) The consignor and consignee's name and address;

(2) The place and date the certificate of veterinary inspection is issued;

(3) The species of animal and its sex, age, and breed;

(4) An individual identification of each animal covered by the certificate of veterinary inspection;

(5) A permit from the board when applicable;

(6) Information required by the board about the results of tests conducted or vaccines administered for various diseases;

(7) A certification as to any treatment which the board may require;

(8) The signature of an accredited veterinarian licensed by the state of origin; and

(9) For semen and embryos: identification on the shipping container or individual packages as determined by the board.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-6-3 to 40-6-8, 40-7-20, 40-8-9 to 40-8-14, 40-16-15 to 40-16-17, 40-26-13, 40-26-14.

ARSD 12:68:06:03 Importation of animals without certificate

Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; repealed, 39 SDR 32, effective September 3, 2012.

ARSD 12:68:06:04 Repealed. Repealed.

Importation from scabies-infested areas.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; repealed, 38 SDR 39, effective September 20, 2011.

ARSD 12:68:06:05 Repealed

Disinfection of conveyances in scabies-infested areas.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; repealed, 38 SDR 39, effective September 20, 2011.

ARSD 12:68:06:06 Repealed

Treatment of cattle from scabies-infested areas.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; repealed, 38 SDR 39, effective September 20, 2011.

ARSD 12:68:06:07 Importation from area with screw worm problem

A person may not import animals into this state for the purpose of grazing from a state that has an animal screwworm problem by the board's common knowledge without first obtaining a permit to do so under the supervision of the executive secretary or an authorized agent of the executive secretary.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-14-3, 40-14-4.

ARSD 12:68:06:08 Imported animals to be quarantined

All animals imported pursuant to § 12:68:06:07 must be quarantined until they are inspected and released by an authorized agent of the board.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-5-8, 40-14-3, 40-14-4.

ARSD 12:68:06:09 Importation of cats and dogs

The following requirements pertain to the importation of cats and dogs:

(1) No person may import any dog or cat over three months of age without certification of a current rabies vaccination. If a dog or cat is imported from an area that is quarantined for rabies, a certifying statement is required from an accredited veterinarian that the dog or cat has not been exposed to rabies. No person may import any dog or cat less than three months of age from an area under quarantine for rabies;

(2) A certificate of veterinary inspection is not required for dogs and cats entering the state unless:

(a) The animal originates from an area quarantined for rabies;

(b) The animal originates from a foreign county;

(d) A resident travels with an animal to another state or province and does not return within 30 days; or

(e) The state veterinarian determines that it is necessary based on disease information for a time period not to exceed the term of the threat;

(3) It is not a violation of this section to bring a dog or cat into the state from a bordering state for the purpose of obtaining any vaccination or other health care from a licensed veterinarian.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 31 SDR 191, effective June 6, 2005; 39 SDR 32, effective September 3, 2012.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-14-3, 40-14-4.

ARSD 12:68:06:10 Swine for immediate slaughter

All swine imported or brought into South Dakota for the purpose of immediate slaughter must be consigned to state or federally inspected slaughter houses.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-14-2.

ARSD 12:68:06:11 Repealed. Repealed

Baby calf importation.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 19 SDR 88, effective December 20, 1992; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; repealed, 41 SDR 45, effective September 8, 2014.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.

ARSD 12:68:06:12 Inspectors

An inspector is a person authorized by the board to perform the functions specified in §§ 12:68:06:01 to 12:68:06:12, inclusive.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9.

Chapter 12:68:07 Livestock auctions and stockyards

ARSD 12:68:07:01 Construction requirements of pens, sales rings, and alleys

Sales rings, sorting pens, and incoming alleys at auction agencies must be equipped with floors of hard impervious texture not less than three inches thick and constructed to drain well for cleaning and disinfection.

History

Source: SL 1975, ch 16, § 1; 10 SDR 61, effective December 18, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-15-13.

ARSD 12:68:07:02 Exception for purchased cattle

Upon the buyer's request, cattle may be yarded in earth-floored pens after being purchased.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-15-3, 40-15-13.

ARSD 12:68:07:03 Sanitation requirements of pens, sales rings, and alleys

Pens, sales rings, and alleys at livestock auction agencies must be thoroughly cleaned following each sale. The supervising veterinarian of an auction market, upon finding a possible disease condition of livestock, shall order the premises to be disinfected, in a manner approved by the board, as specified in 9 C.F.R. Part 71 (January 1, 2021).

History

Source: SL 1975, ch 16, § 1; 10 SDR 61, effective December 18, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-15-14, 40-15-36.
Law Implemented: SDCL 40-15-13, 40-15-14, 40-15-22.

ARSD 12:68:07:04 Minimum veterinary inspection fees

The minimum inspection fees are as follows:

(1) Cattle, 15 cents a head;

(2) Horses, 25 cents a head;

(3) Hogs, 10 cents a head;

(4) Sheep and goats, 10 cents a head.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 116, effective March 13, 1988; 21 SDR 36, effective September 1, 1994.
General Authority: SDCL 40-3-14, 40-15-36.
Law Implemented: SDCL 40-15-17.

Chapter 12:68:08 Swine dealers, Repealed

ARSD 12:68:08 Repealed chapter

CHAPTER 12:68:08

SWINE DEALERS

(Repealed. 18 SDR 55, effective September 23, 1991)

Chapter 12:68:09 Rendering establishments and pet food processing plants

ARSD 12:68:09:01 Repealed

Requirements for licensing.** Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 12 SDR 41, effective September 17, 1985.

ARSD 12:68:09:02 Definitions

Terms used in this chapter are defined as follows:

(1) "Carcass," the body or any part of the body of any animal that has died for any reason including those slaughtered for human or animal consumption. This definition does not include meat food products as defined in SDCL 39-5-6(16);

(2) "Collecting station," an establishment maintained and operated by a licensed rendering plant where carcasses for temporary keeping may be unloaded from trucks operating under the establishment license and reloaded only in trucks operating under the same establishment license;

(3) "License," a rendering plant or collecting station license issued by the board to the owner or operator of a rendering plant or collecting station upon submission of an application according to SDCL 40-17 and this chapter.

(4) "Rendering," the processing of carcasses, fish, poultry, and parts thereof, including scraps and grease, by cooking under steam pressure, including the skinning and dismembering of carcasses;

(5) "Rendering plant," an establishment where rendering is conducted, including the rooms or buildings where skinning and dismembering of carcasses is done; the tanks in which carcasses are cooked; the rooms or building used for storage of hides, tankage, or other products from processing; the adjacent areas used in the operations of collecting, hauling, skinning, dismembering, and cooking carcasses and the packaging, storing, and loading of the finished product of the rendering operation; the area used for the disposal of waste material unsuitable for rendering; and the liquid waste disposal facilities of the plant;

(6) "Truck," a vehicle or conveyance used for the transportation of carcasses, fish, poultry, renderable parts, or by-products;

(7) "Contract hauler," a person who maintains a contract with a licensed rendering establishment from South Dakota or from another state for the transport of carcasses to such rendering establishment or for the transport of carcasses to or from a collection station.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 31 SDR 21, effective August 18, 2004.
General Authority: SDCL 40-3-14(1).
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:03 Rendering plant or collecting station license -- Inspection required

The application for a rendering plant or collecting station license must include the following information:

(1) The name of the rendering plant or collecting station and its location by city, village, or township and county;

(2) The description of each truck to be used in the transportation of carcasses, including the license number and truck body number; and

(3) The signature of the owner or operator of the rendering plant or collecting station or an authorized agent of the owner or operator.

If the application lists a truck owned by some person other than the owner or operator of the rendering plant or collecting station, the owner or operator of the rendering plant or collecting station is responsible for compliance with SDCL chapter 40-17 and this chapter pertaining to the transportation of carcasses by the owner or operator of the truck listed. The application must indicate the name and address of the owner of the truck, and the application must be accompanied by a copy of a contract between the owner or operator of the rendering plant or collecting station and the owner or operator of the truck.

Before a license is issued, an inspection of the plant, collecting station, and trucks listed on the application shall be made by an agent of the board to determine if the facilities of the plant and the trucks meet the requirements of SDCL chapter 40-17 and this chapter. The inspector shall file a report of the inspection with the board.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:03.01 Contract hauler permit

Contract haulers must file an application for and receive a permit to operate on a form provided by the Board. Contract haulers must comply with the provisions of §§ 12:68:09:05, 12:68:09:06, and 12:68:09:07.

History

Source: 31 SDR 21, effective August 18, 2004.
General Authority: SDCL 40-3-14(3).
Law Implemented: SDCL 40-17-3.

ARSD 12:68:09:04 Removal of diseased carcasses

Licenses do not allow the removal, transportation, or rendering of a carcass of an animal which died from anthrax or rabies. If circumstances do not allow the disposal of a carcass of an animal which died from rabies or is suspected to have died from rabies, the carcass may be transported by a licensed rendering truck directly to a licensed rendering plant for special handling under the direct supervision of a veterinarian.

If the board determines that the removal, transportation, or rendering of a carcass of an animal or fowl which died or was killed because of a specified disease will endanger the health of the domestic animals of the state, the board shall notify all licensed rendering plants. After notification, no rendering plant may remove, transport, or render the carcass of an animal or fowl which died from the disease or was killed because it was infected with or exposed to the disease.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14, 40-17-2.
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:05 Truck requirements

Trucks must be equipped with a truck body or tank that is watertight and does not allow drippings or seepings from the carcasses to escape. The truck body or tank must have a permanent cover and be completely enclosed. A cover arrangement that is not permanent may be used on a truck or trailer in special circumstances, such as hauling carcasses from collecting stations directly to the main plant, if it passes inspection as being completely enclosed and prior approval is received from the board or its agent before it is used. The tailgate must completely enclose the rear openings of the truck. Trucks used for hauling renderable products other than carcasses must be constructed to prevent dripping and equipped with a cover that prevents the transported product from exposure to the outside. Persons hauling carcasses for medical or scientific purposes shall do so in leakproof containers designed to prevent spillage or the dripping of liquid waste.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14, 40-17-2.
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:06 Truck number

Each truck used for the transportation of carcasses shall be assigned a body number by the rendering plant. Both the number of the license issued to the rendering plant or collecting station and the body number of the truck shall be printed conspicuously on the left side of the truck bed or body in figures at least four inches high. No numbers are required on trucks hauling renderable parts, by-products, or fish other than carcasses.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:07 Sanitation requirements for trucks

When a truck and the person in charge of the truck or the person's agent have been on premises for the purpose of removing a carcass and before the truck is taken on a public highway or on other premises, the wheels of the truck and the shoes or boots of persons who have been on the premises must be thoroughly cleaned and disinfected with a disinfectant. Cleaning and disinfection of truck wheels and footwear must also be conducted before a truck leaves the premises of the rendering plant or collecting station. From May 1 to September 30, before the permanent cover is closed and the truck leaves the premises, sufficient insecticide to destroy all flies must be discharged into the truck body and cab.

Carcasses may not be removed from the truck except at the rendering plant of final disposal or at collecting stations. All carcasses must be unloaded within enclosures or a building provided for unloading.

A vehicle used for the transportation of carcasses or other rendering products may not be used for any other purpose until it is thoroughly cleaned and disinfected. Any unrenderable article or thing which may be transported with a carcass may be unloaded only at the rendering plant or collecting station and disposed of there by burning or burying, except metal containers which must be thoroughly cleaned and disinfected before leaving the rendering plant or collecting station.

Reference: 9 C.F.R. Part 71 (January 1, 2021).

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-17-9.1.
Law Implemented: SDCL 40-17-9.

ARSD 12:68:09:08 Requirements for collecting stations

A collecting station must include a building or buildings provided with concrete floors with good drainage and constructed to be maintained in a sanitary condition. There must be provision to prevent entrance to the building of rodents or other animals. All windows, doors, and other openings must be screened unless a program for insect extermination is followed in the buildings and on the premises where the buildings are located.

Provision must be made for washing and disinfection of trucks at the time carcasses are unloaded at collecting stations.

Floors and walls of the collecting station must be thoroughly flushed or scrubbed with live steam or boiling water immediately upon removal of all carcasses and at least once daily while the collecting station is in operation. All floor washings and other liquid waste or accumulation of water must be disposed of through disposal facilities.

Carcasses unloaded at collecting stations must be unloaded within enclosures or buildings provided for that purpose. No carcass may remain in the collecting station for longer than 24 hours before reloading into another licensed truck operated by the same establishment for transportation directly to the plant.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:09 Requirements for rendering plants

A rendering plant must include a building or buildings provided with concrete floors with good drainage and constructed to be maintained in a sanitary condition. There must be provision to prevent entrance to the buildings of rodents or other animals. All windows, doors, and other openings must be screened unless a program for insect extermination is followed in the buildings and on the premises where the buildings are located.

All skinning and dismembering of carcasses must be done in buildings constructed for that purpose. The cooking vats must be airtight except for vents for the live steam used in cooking. All steam vents must be furnished with closing mechanisms and steam valve gauges to ensure that cooking is at the required steam pressure. All carcasses and parts must be disposed of by subjecting them to a cooking and rendering procedure in vats or tanks under steam pressure.

Floors and walls of the plant must be thoroughly flushed or scrubbed daily with live steam or boiling water when the plant is in operation. All floor washings and other liquid waste or accumulation of water from washing the viscera must be disposed of through disposal facilities.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:10 Sanitation guidelines

The following sanitation guidelines are designed to decrease bacterial contamination of the plant and the finished product and must be complied with as far as practicable:

(1) The raw material room, processing room, and finished product room must be divided into completely separate areas by solid walls and ceilings;

(2) The work pattern of employees from one work area to another must be controlled or equipment and space for scrubbing footwear, changing clothes, and washing hands between such work areas must be supplied;

(3) The transfer of equipment, tools, mechanical loaders, or scrapers must be avoided, particularly from the raw material or processing area to the storage and blending areas;

(4) A constant and active rodent, bird, and insect control program must be maintained, especially in areas where the finished product is stored;

(5) Visitors must be excluded or provided with good security measures such as disposable or washable footwear. Tours must be conducted from the finished product area to the raw material area;

(6) Excess production, accumulation, and distribution of dust in the grinding area must be avoided. Conveyor belts and whirling machinery must be covered to keep air movement at a minimum. Dust that settles on beams, shelves, window sills, and equipment must be removed by vacuuming;

(7) All spillage must be reprocessed through the cookers;

(8) A thorough daily cleanup of floors and equipment must be conducted. The accumulation of pools of water must be avoided. Floors and equipment must be kept as dry as possible;

(9) Washing, showering, and dressing facilities must be available to all employees; and

(10) The rendering plant operator must cooperate with the salmonella monitoring system carried out by field veterinarians.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:11 Requirements for offal depositories

The requirements for offal depositories are as follows:

(1) Stomach and intestinal contents from carcasses to be rendered, if not cooked with the carcass or washed into disposal facilities with other liquid waste, must be deposited in a pit or depository provided for that purpose and must be allowed to remain in the pit or depository for at least three months. At the end of three months, the offal must be buried or removed and spread on fields to which no domestic animals have access. No parts of carcasses other than stomach and intestinal contents may be deposited in offal pits or depositories;

(2) Pits or depositories may not be located near any river, stream, lake, pond, or well; any gulch or draw which is the source of a stream or drain; or on ground which may be flooded by the overflow water of a river, stream, lake, or pond;

(3) Any accumulation of fluid from pits or depositories must drain directly into the waste disposal facilities; and

(4) Pits and depositories must be constructed so that no dogs or other animals can gain access to the offal deposited in them.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:12 Revocation of or refusal to issue licenses

The board may refuse to issue or may revoke a rendering plant or collecting station license if the establishment is operated in an unsanitary manner that endangers the health of domestic animals and fowl of this state or any other state or if the establishment violates this chapter or any other rule promulgated by the board.

Notices of refusal to issue a license or of revocation of a license must be in writing, stating the reasons for the refusal or revocation, and must be served personally on or mailed by certified letter to the applicant.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:13 Appeals

A rendering plant or collecting station operator may appeal from a refusal of the board to issue the operator a license or from a revocation of a license. The operator must file a request for appeal with the board within 30 days after receipt of the notice of refusal to issue a license or of a revocation. Within 30 days after receipt of a request for appeal, the board shall set a date for a hearing before a majority of the board or before a hearing officer appointed for that purpose. Such an appeal does not have the effect of staying a revocation. The board shall notify the appealing party in writing of the date set for the hearing.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:14 Reciprocal agreements

The secretary and executive officer of the board may enter into reciprocal agreements on behalf of this state with one or more adjacent states providing for licenses to be issued to rendering plants or collecting stations located in either state to transport carcasses over the public highways of this state and the reciprocating state.

This section applies only if the adjacent state has in effect standards and requirements which are the equivalent of the standards and requirements of this state.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-17-2.

ARSD 12:68:09:15 Licensing of pet food processing plants

Owners or operators of pet food processing plants who transport the carcasses of domestic animals that have died or have been killed, otherwise than by being slaughtered for human consumption, over the public highways to their plants for processing into pet food must apply for a license on a form furnished by the board.

The facilities and vehicles must be inspected by an agent of the board prior to licensure. Sanitation standards and procedures for hauling and processing carcasses into inedible meat must comply with the requirements in §§ 12:68:09:07 and 12:68:09:10 before a license is issued.

Licenses do not allow pet food processing plants to knowingly remove, transport, or process the carcass of an animal which has died from anthrax, rabies, or toxic materials or which is decomposed.

Licenses are valid for one year from date of issue unless revoked.

History

Source: 12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-17-9.1.
Law Implemented: SDCL 40-17-2, 40-17-9.1.

ARSD 12:68:09:16 Requirements for pet food processing plants

The requirements for a pet food processing plant are as follows:

(1) The plant must be a structurally enclosed building or buildings with ventilation, constructed to be maintained at all times in a sanitary condition;

(2) Floors, walls, ceilings, posts, doors, and other structural parts of the building or buildings must be of impervious materials or protected with impervious materials;

(3) All windows, doors, and other openings must be screened or constructed to prevent, as far as is practical, entry of mice, rats, flies, and other animals or insects. Management must establish and maintain a routine insect-vermin extermination program;

(4) The water must be ample, potable, and approved by the South Dakota health department. Management must install equipment to provide hot water, temperature 185° F, or steam to all areas of the plant;

(5) Management must provide gutters and drains with traps and vents that meet the requirements of the state plumbing code in article 20:54. Floor washings, liquid waste, and sewage must be disposed of through public or private sewage disposal facilities that meet the requirements of articles 74:50 to 74:55, inclusive, and 74:21.

History

Source: 12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991; 37 SDR 47, effective September 20, 2010.
General Authority: SDCL 40-17-9.1.
Law Implemented: SDCL 40-17-9.1.

ARSD 12:68:09:17 Transportation requirements for pet food carcasses

A license from the board must be obtained by all establishments or persons transporting denatured inedible meat or carcass parts within or out of the state. Licenses are issued annually. Only licensed vehicles as described in § 12:68:09:06 may be used for transporting carcasses received or picked up from livestock owners and carcasses, carcass parts, or other material transported to and from rendering plants or pet food processing plants operating under this chapter.

History

Source: 12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-17-9.1.
Law Implemented: SDCL 40-17-9.1.

ARSD 12:68:09:18 Services of veterinarian required for pet food processing plants

The plant management must employ or engage the services of a licensed veterinarian for the purpose of inspecting carcasses and supervising plant sanitation. The veterinarian selected may designate, with plant manager approval, an alternate veterinarian to perform this service in the veterinarian's absence. The veterinarian and any alternate must be named on the license application. The veterinarian and alternate veterinarian must be authorized by the board to act as official veterinarian. The official veterinarian shall report to the board any failure on the part of plant management to carry out sanitary procedures set forth in this chapter. All compensation for services rendered by either veterinarian must be paid by the processing plant management.

Cross-Reference: Veterinarians, SDCL 36-12.

History

Source: 12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-17-9.1.
Law Implemented: SDCL 40-17-9.1.

ARSD 12:68:09:19 Pet food processing requirements

Pet food must be processed as follows:

(1) All processing of animal carcasses into pet food must be accomplished in a plant as described in § 12:68:09:16;

(2) Carcasses presented to the veterinarian for inspection must have the lungs, heart, liver, and kidneys attached. Prior to inspection, such carcasses must be held in a chill room at a temperature of 40-50° F to prevent decomposition;

(3) Carcasses which show evidence of a communicable disease such as anthrax or rabies, toxic material, or decomposition must be condemned by the veterinarian and identified by slashing and denaturing with charcoal. Condemned carcasses must be held in a room or area separate from the processing area and removed from the plant within 72 hours for processing by rendering only. Condemned carcasses or parts may only be transported in licensed vehicles that comply with § 12:68:09:05;

(4) Carcasses passed for use in pet food must be identified, cut up, denatured, packaged, weighed, labeled, stored, and transported in accordance with § 12:68:09:17; and

(5) The entire processing area and equipment must be thoroughly cleaned by hot water, 185° F, or steam at the end of each working day.

History

Source: 12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-17-9.1.
Law Implemented: SDCL 40-17-9.1.

ARSD 12:68:09:20 Record keeping requirements of pet food processing plants

All plants operating under a license to process carcasses into pet food must keep the following records and make them available upon request to any agent of the board during regular business hours:

(1) The name and address of the owner and the date an animal carcass was picked up and received for inspection and processing;

(2) A daily inventory of the number of cartons of inedible meat and carcass parts and the weight of each carton processed; and

(3) A running inventory of the number of cartons of inedible meat and carcass parts and the weight of each carton stored and transported.

History

Source: 12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-17-9.1.
Law Implemented: SDCL 40-17-9.1.

ARSD 12:68:09:21 Revocation of or refusal to issue a pet food processing plant license

The board may refuse to issue or may revoke a pet food processing plant license if the plant is operated in such an unsanitary manner as to endanger the health of domestic animals and fowl of this state or any other state or for violation of any rule pertaining to pet food processing. A notice of refusal to issue or to revoke a license must be in writing, stating the reasons, and must be served personally on or mailed by certified letter to the applicant or licensee at the last known address. Revocation is effective at the time stated in the notice but not less than 30 days after service or mailing unless in the judgment of the board the health of domestic animals or fowl is endangered, in which case the revocation is effective on receipt by the licensee.

A pet food processing plant operator may appeal the refusal or revocation of license to the board within 30 days after receipt of the notice. Within 72 hours after receipt of a request for appeal, the board shall set a date for hearing before a majority of the board or before a hearing officer appointed for that purpose. The appeal does not have the effect of staying a revocation. The board shall give the appealing party at least five days notice in writing of the date set for the hearing.

History

Source: 12 SDR 190, effective June 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-17-9.1.
Law Implemented: SDCL 40-17-9.1.

Chapter 12:68:10 Swine identification, Transferred

ARSD 12:68:10:01 Transferred

Transferred to § 12:68:29:04** .

ARSD 12:68:10:02 Transferred

Transferred to § 12:68:29:05.**

ARSD 12:68:10:03 Transferred

Transferred to § 12:68:29:06** .

Chapter 12:68:11 Approved pesticides, Repealed

ARSD 12:68:11 Repealed chapter

CHAPTER 12:68:11

APPROVED PESTICIDES

(Repealed. 18 SDR 55, effective September 23, 1991)

Chapter 12:68:12 Exhibition of animals

ARSD 12:68:12:01 Supervision of exhibitions by board

All public exhibitions or shows of animals, including state and county fairs, are under the supervision of the board. However, nothing in this chapter applies to public exhibitions or shows involving dogs or cats.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 38 SDR 39, effective September 20, 2011.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:12:02 Management to provide veterinarian

The management of a public exhibition or show of animals must provide a veterinarian who is under supervision of the board.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.

ARSD 12:68:12:03 Duties of veterinarian

The veterinarian appointed pursuant to § 12:68:12:02 must administer a visual health inspection of all animals upon entry and must administer the rules of the board daily.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.

ARSD 12:68:12:04 Sanitation of quarters, yards, and pens

All facilities housing animals, including exhibition halls or rings, stables, yards, and pens, must be thoroughly cleaned and disinfected, with a disinfectant approved by the board, as listed in 9 C.F.R. § 71.10 (January 1, 2021), under the supervision of a veterinarian, before animals are placed in the facilities.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.

ARSD 12:68:12:05 Quarantine quarters to be provided

A quarantine division must be established by the management at the exhibition under the supervision of the veterinarian.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-5-8.

ARSD 12:68:12:06 Quarantine of animals exhibiting symptoms of communicable disease

All animals exhibiting symptoms of communicable disease as determined by the veterinarian must be quarantined and may be removed from the premises only under direction of the veterinarian.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-5-8.

ARSD 12:68:12:07 Out-of-state animals to be accompanied by certificate of veterinary inspection

Out-of-state animals to be accompanied by certificate** of veterinary inspection. All animals, including horses, cattle, sheep, and hogs, from other states imported for exhibition in South Dakota must be accompanied by certificates of veterinary inspection. Copies of certificates of veterinary inspection must be presented by the consignors of livestock to the management of the exhibition before the assignment of quarters or space to the livestock.

Cross-Reference: Certificate of veterinary inspection to accompany imported animals, § 12:68:06:01.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 38 SDR 39, effective September 20, 2011; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-6-3.

ARSD 12:68:12:08 In-state animals to be accompanied by certificate of veterinary inspection

In-state animals to be accompanied by certificate** of veterinary inspection . Animals originating from South Dakota presented for exhibition must be accompanied by a certificate of veterinary inspection. Copies of certificates of veterinary inspection must be presented by the consignors of animals to the management of the exhibition before the assignment of quarters or space to the animals.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.

Chapter 12:68:13 Pullorum typhoid control

ARSD 12:68:13:01 Diseases within the scope of this chapter

Whenever the term pullorum typhoid is used in this chapter, the term shall be construed to mean Salmonella pullorum and Salmonella gallinarum.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:02 Requirements for hatching eggs and for poultry under five months old

No person may purchase, sell, or trade hatching eggs or poultry under five months old unless the hatching eggs or poultry originate from flocks or hatcheries classified as S.D. pullorum typhoid clean or from flocks or hatcheries of a comparable pullorum typhoid disease status as determined by the board. The completed VS form 9-3, as described in 9 C.F.R. Parts 56 and 145-147 (January 1, 2021), as supplied by the Animal Industry Board or an equivalent furnished by the board, must accompany each shipment of poultry to verify the S.D. pullorum typhoid clean status. Copies of the completed VS form 9-3 must be sent to the board within ten days of the shipment transaction.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:03 Young turkeys subject to pullorum typhoid requirements

Turkeys may be purchased, sold, or traded pursuant to § 12:68:13:02 under the age of four months.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:04 Requirements for poultry over five months old

Poultry that are over five months of age and do not originate from a S.D. pullorum typhoid clean flock or its equivalent may not be sold or removed from flocks for purposes other than immediate slaughter, unless they are tested in accordance with this chapter for pullorum and typhoid diseases. The completed VS form 9-3, as described in 9 C.F.R. Parts 56 and 145-147 (January 1, 2021), as supplied by the Animal Industry Board or an equivalent furnished by the board, must accompany each shipment of poultry to verify the S.D. pullorum typhoid clean status. Copies of the completed VS form 9-3 must be sent to the board within ten days of the shipment transaction.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:05 Testing for qualification of flocks

The blood test for pullorum typhoid must include the testing of a sample of blood from each bird in the flock. When partial or sample testing is specified by this chapter, the birds tested must be a random or representative sample drawn on a pro rata basis from all pens or units of the flock. When reactors are found in any flock, or Salmonella pullorum or Salmonella gallinarum isolations are made from baby poultry or fluff samples, the flock may qualify for participation in the S.D. pullorum typhoid clean program with two consecutive negative tests. Qualification for participation in S.D. pullorum typhoid clean program of such a flock on the same premises during the next two years must be based on the testing of all birds. Testing must be conducted by or directly supervised by a state inspector.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:06 Mandatory retesting conditions

If, in testing to qualify or requalify, a flock discloses reactors and these are not submitted to a laboratory for bacteriological examination or if such an examination discloses infection by Salmonella pullorum or Salmonella gallinarum organisms, the flock is considered infected and retesting must be conducted. To requalify, the flock must pass two consecutive negative tests not less than 21 days apart. The first of these two negative tests must be conducted not less than 21 days after reactors were disclosed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:07 Procedures after reactors are found

All reactors must be identified by a leg or wing band, and the numbers of the bands must be listed on the test chart and shipping permit. If testing to qualify or requalify a poultry flock reveals less than one percent reactors, the owner may submit all such reactors in flocks of 500 birds or less or reactors not to exceed five in flocks of over 500 to the South Dakota state university veterinary diagnostic laboratory for bacteriological examination. If the bacteriological examination fails to reveal any evidence of infection by the serotype for which the test was conducted, the test is considered negative. Flocks in which reactors are disclosed by the rapid whole blood test (plate) must be quarantined immediately. The quarantine imposed by this section may be released only if the board is furnished information that one of the following conditions has been complied with:

(1) There has been a negative bacteriological examination on reactor birds submitted for examination;

(2) The flock has been retested as described in § 12:68:13:06;

(3) The entire flock has been shipped for slaughter under permit and the premises have been carefully cleaned and disinfected under supervision. If the flock is maintained on the premises under quarantine and used for purposes other than the production of hatching eggs, all male birds and all reactors must be shipped to slaughter within 10 days from the date the reactors were disclosed. The quarantine may be released when the remainder of the flock is shipped to slaughter and the premises have been cleaned and disinfected under supervision of the board.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:08 Check test to be performed in hatcheries -- Procedure when bacteria found

If the testing for pullorum typhoid in a hatchery is performed wholly or in part by an authorized testing agent, a check test must also be conducted by a state inspector in a minimum of 15 percent of the flocks of the hatchery. Additional flocks may be check tested at the discretion of the board or the inspector. The state inspector must test the flocks by the rapid whole blood test. If the check test results in bacteriological recovery of any Salmonella pullorum or Salmonella gallinarum organism, the board shall require all flocks where the bacteria are found and any other flocks considered necessary by the board to be satisfactorily retested in accordance with § 12:68:13:07. The status of such flocks shall be determined by the results of such retests. Any flock found to be infected must be placed under quarantine. The quarantine may be released only if one of the provisions listed in § 12:68:13:07 is complied with.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:09 Report of tests and retests to the board

All tests and retests for pullorum and typhoid diseases conducted by any person must be reported to the board on forms furnished by the board within 10 days following completion of the tests. The lot number and expiration date of the polyvalent antigen used during testing shall be entered on the test reporting form. If reactors are disclosed, a shipping permit shall be issued by the board. Cleaning and disinfection must be reported on forms furnished by the board. The shipping permit must be countersigned by the person receiving the reactors and immediately forwarded to the board.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:10 Requirements for importation of poultry or hatching eggs

No poultry of any species, breed, or variety or eggs to be used for hatching may be brought or shipped into the state except in accordance with §§ 12:68:13:11 to 12:68:13:15, inclusive.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:11 Importation of poultry infected or exposed to disease prohibited

No poultry that is infected with, or has been exposed to pullorum disease, typhoid disease, newcastle disease, fowl plague, chronic respiratory disease, fowl cholera, infectious bronchitis, laryngotracheitis, infectious sinusitis, fowl pox, coccidiosis, ornithosis, tuberculosis, or any other infectious or communicable disease of poultry may be imported or brought into the state.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:12 Entry of healthy poultry for slaughter allowed

Apparently healthy domesticated poultry may enter the state without an official certificate of veterinary inspection for immediate slaughter only.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:13 Permit required for importation of poultry or hatching eggs

No person may import baby poultry, started poultry, or hatching eggs, as described in § 12:68:13:10, until a permit has been obtained from the board. Application for the permit must be made on a form furnished by the board. This application must be approved by the official disease control agency of the state of origin and must indicate the pullorum typhoid classification of the flock, hatchery, or other premises from which the birds or hatching eggs originated. The permit must include the date of expiration. Each shipment of birds or hatching eggs must bear an official label showing the name and address of the consignor and consignee, the pullorum typhoid classification, and the South Dakota permit number. The completed VS form 9-3, as described in 9 C.F.R. Parts 56 and 145-147 (January 1, 2021), or the completed certificate of veterinary inspection must include the information required by this section.

History

Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 43 SDR 41, effective September 26, 2016; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:14 Certificates of veterinary inspection to accompany imported poultry -- Quarantine -- Slaughter on positive test

Certificates** of veterinary inspection to accompany imported poultry -- Quarantine -- Slaughter on positive test. Turkeys over four months old and other poultry over five months old to be used for purposes other than immediate slaughter may be imported if they are accompanied by a certificate of veterinary inspection certifying that they are classified as U.S. pullorum typhoid clean or of comparable status and a statement that the shipment is free from evidence of any infectious disease. Poultry must also be classified as U.S. pullorum typhoid clean or of comparable status. Poultry must be quarantined on arrival for at least 30 days after importation and be tested for pullorum and typhoid diseases as determined by the Animal Industry Board or must remain under quarantine until sold for slaughter. If the test of any bird reveals pullorum or typhoid disease, all birds in the shipment must be immediately sold for slaughter or destroyed under supervision of the board.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:15 Importation of turkey poults and other poultry -- Hatching eggs

Turkey poults under four months old, other poultry under five months old, and hatching eggs, may be imported if they originate in flocks or are distributed from hatcheries or premises that operate in accordance with 9 C.F.R. Parts 56 and 145-147 (January 1, 2021), or regulations of the disease control agency of the state of origin and are accompanied by a completed VS form 9-3, as described in 9 C.F.R. Parts 56 and 145-147 (January 1, 2021), or a recognized equivalent, stating the originating flock is classified as U.S. pullorum typhoid clean or are of comparable status.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:16 Inspection of hatcheries and dealers

State inspectors shall inspect hatcheries and dealers' premises.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:17 Identification of hatching eggs and baby poultry

Hatching eggs and baby poultry must be identified as to source while in the hatcheries or dealers' possession.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:18 Hatchery and dealer record requirements

The hatchery or dealer shall keep invoices of all purchases; sales books; sales slips; VS form 9-3, as described in 9 C.F.R. Parts 56 and 145-147 (January 1, 2021), or any board approved equivalent; certificates of veterinary inspection; and copies of all advertisements pertaining to current hatching eggs and baby poultry.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 43 SDR 41, effective September 26, 2016; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:19 Retention of records for inspection

The records referred to in § 12:68:13:18 must be kept available for inspection by state inspectors for one year.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:20 Requirements for dealing in poultry or hatching eggs

A hatchery or dealer may not buy, receive, or sell poultry or hatching eggs with less than a S.D. pullorum typhoid clean rating or the equivalent. Products not so rated may be used in breeding flocks or for experimental purposes with specific permission of the board.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:21 Sanitation requirements for raising poultry

Poultry equipment, poultry houses, and the premises used for raising primary and multiplier breeder flocks must be kept in a sanitary condition. Each species of birds, its eggs, and all equipment used in connection with its flock must be separate from other poultry.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:22 Flock health requirements

All flocks must consist of apparently healthy, normal poultry.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:23 Minimum sanitation requirements for hatcheries

Hatcheries must be kept in a sanitary condition in general and must comply specifically with the following requirements:

(1) Incubator walls, floors, and trays must be kept free from broken eggs and eggshells;

(2) Tops of incubators and hatchers must be kept clean and may not be used for storage;

(3) The entire hatchery, including the sales room, must be kept in a neat, orderly condition and free from accumulated dust;

(4) Hatchery residue, such as eggshells, infertile eggs, dead embryos, and any material which may harbor diseases, must be disposed of promptly and in a sanitary manner;

(5) Hatchers and hatching trays must be cleaned and fumigated or disinfected after each hatch;

(6) All eggs set must be fumigated; and

(7) Started poultry must be kept separated from the incubator room.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:24 Permit required to sell baby poultry or started poultry

No person may sell baby poultry or started poultry without a hatchery or dealer permit.

History

Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:25 Period of validity of permit

A hatchery or dealer permit issued pursuant to § 12:68:13:24 is valid until September of the year following issuance unless revoked.

History

Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:26 Application for hatchery or dealer permit

Each applicant for a hatchery or dealer permit must complete an application on forms supplied by the board. Upon receiving the application, the board shall issue the permit if the application complies with SDCL 40-3-10 and 40-3-14 and this chapter.

History

Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:27 Certifying testing agents

A person desiring to become an authorized testing agent must have the person's qualifications for conducting the official pullorum typhoid test to qualify flocks certified by the board. Upon certification of the person, the board shall issue a permit. The permit is valid for five years. Recertification training shall be offered by the board every five years. Failure to complete recertification training before the expiration date shall result in permit revocation immediately at the five-year expiration date.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:28 Qualifying flocks for the S.D. pullorum typhoid clean rating

Turkeys four months old and other poultry five months old including waterfowl, exhibition poultry, and game birds which have reached sexual maturity and are used for breeding purposes, must qualify for the S.D. pullorum typhoid clean rating by demonstrating freedom from pullorum and typhoid diseases through one of the four pullorum typhoid control plans specified in §§ 12:68:13:30 to 12:68:13:33, inclusive.

History

Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:29 S.D. pullorum typhoid clean

A flock in which freedom from pullorum and typhoid has been demonstrated to the board by compliance with one of §§ 12:68:13:30 to 12:68:13:33, inclusive, may be certified S.D. pullorum typhoid clean.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:30 S.D. pullorum typhoid certification by rapid whole blood test

A flock may qualify for S.D. pullorum typhoid clean when it has been subjected to the rapid whole blood test with no reactors on the first test.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:31 Multiplier breeding flocks certified as S.D. pullorum typhoid clean by origin and sampling

A flock may qualify as a multiplier breeding flock when:

(1) It is composed entirely of birds that originated from S.D. pullorum typhoid clean breeding flocks or from flocks that met equivalent requirements under direct board supervision; and

(2) A sample comprised of at least 25 percent of the birds in the flock has been officially blood tested with no reactors or its progeny has been subjected to a 10-day chick mortality bacteriological examination monitoring program and bacteriological examination of a sample of down shed by chicks in the hatcher from selected hatches. When the blood testing procedure is used, the percentage of the flock included in the sample may be reduced by five percentage points following each year in which there is no evidence of infection on the premises until the required percentage is reduced to zero. The sample tested for identification of a flock under this subdivision must include at least 500 birds the first year, 400 the second year, 300 the third year, 200 the fourth year, and 100 the fifth year and all subsequent years.

History

Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:32 Multiplier breeding flock certified as S.D. pullorum typhoid clean by origin

A flock may qualify as a multiplier breeding flock composed entirely of birds that originate from S.D. pullorum typhoid clean breeding flocks or from flocks that met equivalent requirements if the following requirements are met:

(1) Other poultry maintained on the same premises as the participating flock demonstrate freedom from pullorum typhoid infection by a rapid whole test of the other poultry; and

(2) Pullorum disease or poultry typhoid is not known to exist or to have existed in the flock during the preceding 24 months.

History

Source: SL 1975, ch 16, § 1; 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:33 Primary breeding flock certified as S.D. pullorum typhoid clean by sampling

A flock may qualify as a primary breeding flock when a sample of 300 birds from flocks of more than 300 and each bird in flocks of 300 or less has been tested for pullorum typhoid and no reactors have been found. A bacteriological examination monitoring program acceptable to the board may be used in lieu of blood testing.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:34 Poultry to be identified -- Materials approved

All birds officially tested for pullorum and typhoid diseases must be identified with a leg or wing band or with a dye. Debeaking in lieu of bands or dye is permissible in 100 percent tested flocks.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:35 Drugs that mask salmonella test reaction banned

Any drug, for which there is scientific evidence of masking the test reaction or hindering the bacteriological recovery of salmonella organisms may not be fed or administered to poultry within the three weeks prior to a test or bacteriological examination upon which a Salmonella classification is based.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:36 Cost of testing for pullorum typhoid

The cost of pullorum typhoid testing must be paid by the owner of the hatchery.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:37 Official blood tests for pullorum typhoid

The official blood tests for pullorum typhoid are the standard tube agglutination test or the rapid serum test for all classes of poultry, or the stained antigen rapid whole blood test for all classes of poultry except turkey. Each lot of antigen used for the whole blood test must be approved by the board and must be of the polyvalent type.

Reference: 9 C.F.R. § 145.14(a) (January 1, 2021).

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:38 Reports required of pullorum typhoid diagnosis

Persons diagnosing pullorum typhoid in South Dakota must report positive diagnosis of pullorum typhoid to the board within 48 hours.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:39 Testing of exhibition fowl

Exhibition fowl must originate from a pullorum typhoid clean source or the equivalent or be officially tested and found free of pullorum typhoid within the 90 days prior to exhibition.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

ARSD 12:68:13:40 Reporting breeding flocks to board

Hatcherymen must report to the board on forms furnished by the board each breeding flock before the birds reach 24 weeks of age. The report must include:

(1) Name and address of flockowner;

(2) Flock location and designation;

(3) Type: primary or multiplier;

(4) Breed, variety, strain, or trade name of stock;

(5) Source of males;

(6) Source of females;

(7) Number of birds in the flock; and

(8) Intended classification of flock.

History

Source: 3 SDR 73, effective April 25, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-10.

Chapter 12:68:14 Meat inspection

ARSD 12:68:14:01 Meat inspection -- Use of federal methods and rules

In carrying out the meat inspection program in the state, the inspectors shall follow the procedures set forth in 9 C.F.R. Chapter III, Subchapters A and E, in effect on January 1, 2022.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 38 SDR 39, effective September 20, 2011; 39 SDR 32, effective September 3, 2012; 39 SDR 204, effective June 10, 2013; 43 SDR 41, effective September 26, 2016; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021; 50 SDR 12, effective August 9, 2023.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 39-5-8, 40-3-14.

Chapter 12:68:15 Meat establishments

ARSD 12:68:15:01 Repealed

Licensing period for refrigerated locker plants.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; repealed, SL 1992, ch 386, §§ 1-4, effective July 1, 1992.

ARSD 12:68:15:02 Repealed

Application for refrigerated locker plant licenses.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, SL 1992, ch 386, §§ 1-4, effective July 1, 1992.

ARSD 12:68:15:03 Repealed

Walls of refrigerated locker plants to be kept clean.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, SL 1992, ch 386, §§ 1-4, effective July 1, 1992.

ARSD 12:68:15:04 Repealed

Floors of refrigerated locker plants to be kept clean -- Construction and finish.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, SL 1992, ch 386, §§ 1-4, effective July 1, 1992.

ARSD 12:68:15:05 Repealed

Sanitation of individual lockers.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, SL 1992, ch 386, §§ 1-4, effective July 1, 1992.

ARSD 12:68:15:06 Repealed

Specifications and locations for thermometers.** Repealed.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, SL 1992, ch 386, §§ 1-4, effective July 1, 1992.

ARSD 12:68:15:07 Licensing period for meat establishments

The licensing period for retail store meat processors, slaughter establishments, custom exempt plants, and processing establishments is one year. All licenses expire annually on June 30. License fees are not prorated for fractions of a year. A license may not be transferred from one owner or operator to another.

History

Source: 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 39-5-11.1.
Law Implemented: SDCL 39-5-11.1.

ARSD 12:68:15:08 Application for meat establishment licenses

The board shall furnish forms on which to apply for licensure to each establishment listed in § 12:68:15:07 by June 1 annually and at any time, upon request, to any person intending to operate such an establishment. The application form shall provide spaces for the applicant to enter the applicant's name and address; the location of the establishment; the names of officers and partners in the case of associations, corporations, and partnerships; and the amount of fees remitted with the application. Operators of establishments must complete and send applications, together with the license fee, to the board by July 1 annually or, in the case of establishments not previously licensed and operated, before beginning operation. A completed retail store meat processor inspection form signed by the applicant and an agent of the board must accompany the application for license for a retail store meat processor's license.

History

Source: 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 39-5-11.1.
Law Implemented: SDCL 39-5-11.1.

ARSD 12:68:15:09 Issuance of license

The board shall issue licenses under §§ 12:68:15:07 and 12:68:15:08 upon receiving a completed application form, the fee, the inspection form, and assurance that the establishment is in compliance with the provisions of the SDCL chapter 39-5.

History

Source: 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 39-5-11.1.
Law Implemented: SDCL 39-5-11.1.

ARSD 12:68:15:10 Inspections of retail store meat processors

Inspection of retail store meat processors. At least three times annually, the board, or a cooperating state agency, shall inspect licensed retail meat processors':

(1) Water supply and potability;

(2) Sewage and waste control;

(3) Pest control;

(4) Inedible control;

(5) Lighting;

(6) Control of chemicals;

(7) Processing controls;

(8) Employee dress and hygiene;

(9) General sanitation; and

(10) Product storage conditions.

History

Source: 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018; 50 SDR 12, effective August 9, 2023.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 39-5-11.1.

ARSD 12:68:15:11 Continuing education

Each operator of a slaughter establishment, processing establishment, or custom exempt establishment or the operator's representative must, as a prerequisite to annual license issuance, document attendance at least once every three years at a continuing education meeting approved by the board.

History

Source: 18 SDR 55, effective September 23, 1991; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 39-5-11.2.
Law Implemented: SDCL 39-5-11.2.

ARSD 12:68:15:12 Retail sale of meat products

Meat food products may be produced by a licensed retail store meat processor that maintains ownership of the products from production until purchase by the consumer. For purposes of this section, meat food products may be sold at the site of production or at a third-party location, provided that:

(1) The site of production and the third-party location share common ownership, or the licensed retail store meat processor has a signed lease with the third-party location giving the processor control over the place where the retail products are located; and

(2) Temperature-sensitive products at the third-party location are maintained at or below forty-one degrees Fahrenheit.

History

Source: 50 SDR 125, effective May 7, 2024.
General Authority: SDCL 39-5-11.1, 40-3-14.
Law Implemented: SDCL 39-5-11.1 , 40-3-14.

Chapter 12:68:16 Importation of equine

ARSD 12:68:16:01 Definitions

As used in this chapter:

(1) "Approved laboratory" means any laboratory approved for official testing by the United States Department of Agriculture and by the South Dakota Animal Industry Board as having met check testing protocols established by the United States Department of Agriculture;

(2) "Coggins test" means the agar gel immunodiffusion test for equine infectious anemia that has been approved by the United States Department of Agriculture;

(3) "Horse" means all members of the equine species, including horses, mules, asses, ponies, donkeys, burros, and zebras;

(4) "Officially identified" means a permanent identification using the national uniform tag code number of the state in which the reactor was tested, followed by the letter A, applied with a hot iron, chemical brand, freeze marking, or a lip tattoo, in accordance with 9 C.F.R. § 75.4(a) (January 1, 2021); and

(5) "Reactor" means any horse, over nine months old, that has a positive reaction to the Coggins test.

History

Source: 2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 45 SDR 128, effective April 18, 2019; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-14-2.

ARSD 12:68:16:02 Repealed

Certificates** of veterinary inspection. Repealed.

History

Source: 2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 43 SDR 41, effective September 26, 2016.; 45 SDR 128, effective April 18, 2019

ARSD 12:68:16:03 Examination and identification

The certificate of veterinary inspection required by SDCL 40-14-2 must certify that each horse has been examined by an accredited veterinarian no more than 30 days before importation. Each certificate must include an accurate description and official identification, in accordance with 9 C.F.R. § 86.4(a)(2) (January 1, 2021).

History

Source: 2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 43 SDR 41, effective September 26, 2016; 45 SDR 128, effective April 18, 2019; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-14-2.

ARSD 12:68:16:04 Negative test required

The certificate of veterinary inspection must certify that all horses in this shipment were negative to a test for EIA conducted at an approved laboratory within the 12 months prior to the date of importation. The test date and the name of the laboratory must be recorded on the certificate of veterinary inspection.

History

Source: 2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-5-8.

ARSD 12:68:16:05 Exemption from test

A test is not required for horses or suckling foals accompanying a negative dam. The board may develop reciprocity agreements with neighboring states for waiver of EIA test requirements.

History

Source: 2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-14-2.

ARSD 12:68:16:06 Provisions to test on arrival

Horses may be imported into South Dakota for sale or resale without having been tested for EIA. If testing prior to importation creates an undue hardship, the board may grant permission to test on arrival those animals which have been imported without having been tested for EIA.

History

Source: 2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-5-8, 40-14-3.

ARSD 12:68:16:07 Restricted movements

Each reactor, regardless of state of origin, must be officially identified, in accordance with 9 C.F.R. § 75.4(a) (January 1, 2021), and quarantined, and may not be moved in intrastate commerce unless it is consigned directly to a slaughter establishment or returned to the state of origin under a permit issued by the state of origin. A horse imported without the required test must be quarantined for an immediate test at the owner's expense.

History

Source: 2 SDR 59, effective March 14, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 45 SDR 128, effective April 18, 2019; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-14-4.

ARSD 12:68:16:08 Extended equine certificates of veterinary inspection

12 : 68 : 16 : 08 . Extended equine certificates of veterinary inspection. An extended equine certificate of veterinary inspection (EECVI) is a document from an accredited veterinarian in the state of origin for a horse to certify the health status of the horse in interstate travel imported into South Dakota for exhibition, pleasure rides, search and rescue activities, or other similar equine events. An EECVI is valid for 180 days from the date of issuance. An EECVI is recognized in South Dakota when there is a written agreement between the Board and the chief livestock health official of the state of origin.

Each horse imported into South Dakota for the purposes of exhibition, pleasure rides, search and rescue activities, or other similar equine events must be accompanied by an EECVI or a CVI.

History

Source: 45 SDR 128, effective April 18, 2019.
General Authority: SDCL 40-3-14(5).
Law Implemented: SDCL 40-14-2.

ARSD 12:68:16:09 Extended equine certificates of veterinary inspection requirements

Each extended equine certification of veterinary inspection applies to only one horse and must contain the following information:

(1) The name and address of the owner or the certificate holder;

(2) The location at which the horse is stabled, housed, pastured or kept, if different from that of the owner;

(3) An accurate description and official identification in accordance with 9 C.F.R. § 86.4(a)(2) (January 1, 2021);

(4) The date of veterinary inspection;

(5) The date and results of the equine infectious anemia test or other required tests or vaccinations; and

(6) The signature of the inspecting veterinarian.

History

Source: 45 SDR 128, effective April 18, 2019; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14(5).
Law Implemented: SDCL 40-14-2.

ARSD 12:68:16:10 Travel itinerary

12 : 68 : 16 : 10 . Travel itinerary. Each horse must have a current travel itinerary that is available to inspect upon request by an agent of the Board. The travel itinerary shall list the travel for the horse during the term of the certificate.

History

Source: 45 SDR 128, effective April 18, 2019.
General Authority: SDCL 40-3-14(5).
Law Implemented: SDCL 40-14-2.

ARSD 12:68:16:11 Cancellation

12 : 68 : 16 : 11 . Cancellation. The Animal Industry Board may cancel an EECVI by written or verbal notice to the owner or the certificate holder. A verbal notice shall be confirmed by written notice. The cancellation of an EECVI is effective on the date and at the time the written or verbal notice of the cancellation is given to the owner or the certificate owner.

History

Source: 45 SDR 128, effective April 18, 2019.
General Authority: SDCL 40-3-14(5).
Law Implemented: SDCL 40-14-2.

Chapter 12:68:17 Pseudorabies control

ARSD 12:68:17:01 Breeding swine entering South Dakota

Breeding swine entering South Dakota must test negative to an official pseudorabies test listed in § 12:68:17:11 which is conducted within the 30 days preceding entry in a laboratory approved by the U.S. Department of Agriculture; must originate from a pseudorabies qualified herd established according to § 12:68:17:06; or must originate from a Stage IV or V area as described in Pseudorabies Eradication, "State-Federal-Industry Program Standards," APHIS 91-55-071, November 1, 2003. The type of test used and the results must be shown on the certificate of veterinary inspection. Upon arrival at the farm, all breeding swine must be isolated separately for 30 days from any other animals. All boars must be retested no sooner than 21 days or more than 45 days after arrival to assure that the boars are still negative. A monitored percentage of all breeding females must be retested no sooner than 21 days or more than 45 days after arrival to assure that the animals are still negative. Breeding swine originating from Stage IV or V areas are exempt from these retesting requirements.

Reference: Pseudorabies Eradication, "State-Federal-Industry Program Standards," APHIS 91-55-071, November 1, 2003, 34 pages, published by Animal and Plant Health Inspection Service, United States Department of Agriculture. Copies may be obtained at no charge from the South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501.

Note: A list of approved labs can be obtained by contacting United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

History

Source: 5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 167, effective June 22, 1988; 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991; 21 SDR 162, effective March 23, 1995; 37 SDR 47, effective September 20, 2010; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-3-14, 40-9A-12.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-9A-4, 40-9A-8.

ARSD 12:68:17:01.01 Importation or distribution of swine semen or embryos

No person may import, sell, loan, or lease swine semen or swine embryos within South Dakota unless the semen or embryo is collected from donor swine meeting the following criteria:

(1) Be negative to an official pseudorabies test listed in § 12:68:17:11 which is conducted within 30 days preceding collection in a laboratory approved by the U. S. Department of Agriculture, originate from a pseudorabies-qualified herd established according to § 12:68:17:06, or originate from a Stage IV or V area as described in Pseudorabies Eradication, "State-Federal-Industry Program Standards," APHIS 91-55-071, November 1, 2003; and

(2) Not be under quarantine for suspicion of disease by the state veterinarian.

History

Source: 22 SDR 111, effective March 7, 1996; 37 SDR 47, effective September 20, 2010.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:17:02 Exhibition swine

Swine to be shown at the South Dakota state fair, county achievement days, or other shows or exhibitions in the state must test negative to an official pseudorabies test listed in § 12:68:17:11 within the 30 days preceding the event. The board shall consider a waiver of the test requirement upon the request of those swine market class shows where all swine go to slaughter and no other species of animal is present. The board may consider a waiver of the test requirement when there is no evidence of pseudorabies spread in the state.

History

Source: 5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 167, effective June 22, 1988; 18 SDR 55, effective September 23, 1991; 21 SDR 162, effective March 23, 1995; 23 SDR 122, effective February 5, 1997.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.

ARSD 12:68:17:03 Infected herds

A South Dakota swine herd that has a disease clinically diagnosed as pseudorabies by a veterinarian, has a positive reaction to an official pseudorabies test listed in § 12:68:17:11, has pseudorabies confirmed by other laboratory diagnosis, or has animals vaccinated for pseudorabies must be quarantined to the farm premises by the veterinarian making the diagnosis or by an agent of the board.

The quarantine may be released by one negative official pseudorabies test of all breeding swine over six months of age. The test may be administered no sooner than 30 days after the last known reactor or vaccinate has been removed. A permit to ship quarantined hogs directly to slaughter must be obtained from the local veterinarian or an agent of the board.

For sale of slaughter swine only, the quarantine may be released 30 days after discontinuing all pseudorabies vaccine use and receiving a negative differential test that includes all breeding swine and monitored percentage of feeding swine.

History

Source: 5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 167, effective June 22, 1988; 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991; 19 SDR 39, effective September 24, 1992; 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14, 40-9A-12.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-9A-2, 40-9A-4, 40-9A-8.

ARSD 12:68:17:04 Feeder pigs entering South Dakota

Feeder pigs imported into South Dakota must meet one of the following requirements:

(1) Originate from a pseudorabies qualified herd as defined in § 12:68:17:06;

(2) Originate from a pseudorabies monitored herd as defined in § 12:68:17:10;

(3) Be negative to an official test for pseudorabies which is administered within 30 days preceding movement;

(4) Originate from a Stage III, IV, or V state, as described in Pseudorabies Eradication, "State-Federal-Industry Program Standards," APHIS 91-55-071, November 1, 2003; or

(5) Originate from a pseudorabies gene-deleted, vaccinated, monitored, negative herd.

History

Source: 5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 167, effective June 22, 1988; 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991; 19 SDR 39, effective September 24, 1992; 21 SDR 162, effective March 23, 1995; 37 SDR 47, effective September 20, 2010.
General Authority: SDCL 40-3-14, 40-9A-12.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-9A-3, 40-9A-4, 40-9A-8.

ARSD 12:68:17:05 Disposition of quarantined feeder pigs

Disposition of quarantined feeder pigs from a quarantined herd shall be handled by the board on an individual case basis.

History

Source: 5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.

ARSD 12:68:17:06 Pseudorabies qualified herd

To establish a voluntary pseudorabies qualified herd, a producer must test all breeding animals over six months old plus a progeny equal to 20 percent of the breeding swine population of the herd. Progeny must be randomly selected from the oldest swine in the herd that are less than six months old, and all must achieve negative results using an official pseudorabies test listed in § 12:68:17:11. To maintain this status the producer must test annually as follows:

(1) Conduct an official pseudorabies serologic test of 80 percent of all swine six months of age and older;

(2) Conduct an official pseudorabies serologic test of a number of progeny equal to 20 percent of the breeding swine population of the herd. Progeny selected must be the oldest in the herd that are less than six months old;

(3) All swine tested must be randomly selected and, in the case of the adult swine, representative of all age groups on the premises.

The required annual testing must be accomplished by testing 25 percent of the required breeding swine and progeny every 80 to 105 days and finding all swine tested to be negative or by testing 10 percent of the required breeding swine and progeny monthly and finding all swine tested to be negative.

History

Source: 5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 183, effective July 13, 1988; 18 SDR 55, effective September 23, 1991; 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.

ARSD 12:68:17:07 Conditions for use of pseudorabies vaccine

The use of pseudorabies vaccine is prohibited except under the following conditions:

(1) The vaccine must bear a label showing that it is federally approved and licensed;

(2) Permission for use of the vaccine must be obtained from the board;

(3) The vaccine must be administered by or on the prescription of a licensed veterinarian, and use of the vaccine must be reported immediately to the board;

(4) All vaccinated swine must be individually identified; and

(5) Vaccinated swine may be sold only to a slaughter market.

Conditions for use of vaccine within a particular herd shall be set by the state veterinarian. The conditions shall specify the type of vaccine, vaccination schedules, which swine are to be included in the vaccination program, identification and record keeping requirements for swine vaccinated, and adherence to the cleanup plan for the herd.

History

Source: 5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 183, effective July 13, 1988; 18 SDR 55, effective September 23, 1991; 19 SDR 39, effective September 24, 1992.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.

ARSD 12:68:17:08 Repealed

Pseudorabies gene-deleted vaccinated qualified negative herd.** Repealed.

History

Source: 5 SDR 57, effective January 18, 1979; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 167, effective June 22, 1988; 18 SDR 55, effective September 23, 1991; repealed, 21 SDR 162, effective March 23, 1995.

ARSD 12:68:17:09 Requirements for intrastate movement of breeding swine

Breeding swine sold, loaned, or leased in South Dakota must have a negative pseudorabies test within the 30 days preceding sale, loan, or lease or be from a pseudorabies qualified herd as established in § 12:68:17:06. The board may consider a waiver of the test requirement when there are no infected swine in the state.

History

Source: 12 SDR 41, effective September 17, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 183, effective July 13, 1988; 16 SDR 40, effective September 3, 1989; 23 SDR 122, effective February 5, 1997.
General Authority: SDCL 40-3-14, 40-9A-12.
Law Implemented: SDCL 40-3-14, 40-9A-8.

ARSD 12:68:17:09.01 Requirements for intrastate movement of feeding swine

Feeding swine sold, loaned, or leased in South Dakota must originate from a swine herd that is not under quarantine.

History

Source: 14 SDR 183, effective July 13, 1988; 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-9, 40-3-14.

ARSD 12:68:17:10 Pseudorabies monitored herd

A pseudorabies monitored herd is a herd of breeding swine tested negative to an official pseudorabies test listed in § 12:68:17:11 within the past 12 months according to the following schedule:

SOW HERD SIZE

NUMBER TO TEST

Up to 10 sows

All

Over 10 but less than 36 sows

10 sows

36 sows or more

30 percent, but no more than 30 sows

History

Source: 14 SDR 167, effective June 22, 1988.
General Authority: SDCL 40-3-9, 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:17:11 Official pseudorabies test

An official, approved pseudorabies test is a swine blood sample drawn by a licensed, accredited veterinarian and serologically tested for the diagnosis of pseudorabies with one of the following tests:

(1) SN 1:2 dilution;

(2) Elisa;

(3) Latex agglutination; or

(4) G1 Elisa test.

Cross-Reference: Definitions, 9 C.F.R. § 85.1 (January 1, 2021).

History

Source: 14 SDR 167, effective June 22, 1988; 22 SDR 111, effective March 7, 1996; 34 SDR 100, effective October 22, 2007; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-9, 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:17:12 Procedure when pseudorabies found in slaughtered animals

When slaughtered swine show evidence of pseudorabies based on tests of blood samples collected and the swine involved can be traced back to the herd of origin with reasonable certainty, the following procedures shall be followed:

(1) The state veterinarian or the state veterinarian's agent shall notify the owner or the owner's agent of the result of the test and shall instruct the owner or the owner's agent that no swine may be sold except for slaughter purposes, under permit, until tests are administered and the herd found not to be infected with pseudorabies;

(2) The owner or the owner's agent must have the herd tested within six months after the date of notice, or the owner or the owner's agent may elect to dispose of the entire herd for slaughter purposes in lieu of testing;

(3) The owner or the owner's agent must declare within 30 days after notification whether the owner or the owner's agent wants to have the herd tested or to sell it for slaughter;

(4) If the owner or the owner's agent decides to test the herd, the owner or the owner's agent must test according to a schedule agreed upon by the state veterinarian or the state veterinarian's agent and the owner or the owner's agent; and

(5) If pseudorabies in the herd is confirmed by laboratory diagnosis, the owner or the owner's agent must adopt an approved herd plan as defined in SDCL 40-9A-1(1) for eliminating pseudorabies from the premises and obtaining quarantine release. The owner and the owner's agent must adhere to the approved herd plan. Any modifications must be approved by the state veterinarian or the state veterinarian's agent after reviewing the progress of the cleanup in the herd.

History

Source: 14 SDR 167, effective June 22, 1988; 16 SDR 40, effective September 3, 1989; 37 SDR 47, effective September 20, 2010.
General Authority: SDCL 40-3-14, 40-9A-12.
Law Implemented: SDCL 40-3-14, 40-9A-2, 40-9A-4, 40-9A-7, 40-9A-8.

Chapter 12:68:18 Nondomestic animal control

ARSD 12:68:18:01 Importation of nondomestic animals

The provisions of SDCL 40-14-2 apply to imported nondomestic animals.

History

Source: 10 SDR 61, effective December 18, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 40, effective September 3, 1989.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-5-8.

ARSD 12:68:18:01.01 Importing nondomestic animals for release to the wild

Importingnondomestic animals for release to the wild.** Any person desiring to import nondomestic mammals into South Dakota for release to the wild to become free roaming nondomestic mammals must comply with the following:

(1) Obtain an entry permit as described in § 12:68:18:03.03;

(2) Obtain a certificate of veterinary inspection issued by a licensed veterinarian in the state of origin.

The board may permit the entry of such animals after consulting with the South Dakota Department of Game, Fish and Parks and after holding a public hearing and considering public opinion on issuance of such a permit and only after obtaining the approval for importing such animals from the Secretary of the South Dakota Department of Game, Fish and Parks. The provisions of § 12:68:18:03.05 do not apply to any animal imported and released pursuant to this section. The Animal Industry Board may exempt such importations by the South Dakota Department of Game, Fish and Parks from the public hearing requirements of this section.

History

Source: 28 SDR 48, effective October 10, 2001.
General Authority: 40-3-14, 40-3-25.
Law Implemented: 40-3-14, 40-14-2, 40-3-25.

ARSD 12:68:18:02 Repealed

Change of ownership test.** Repealed.

History

Source: 10 SDR 61, effective December 18, 1983; 10 SDR 123, effective May 20, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 16 SDR 40, effective September 3, 1989.

ARSD 12:68:18:03 Permit required

A permit from the board is required to import nondomestic animals. In addition, a permit as described in § 12:68:18:03.03 is required to possess in South Dakota any nondomestic mammal, or any of its hybrids, listed in this section:

(1) Of the order Carnivora, all nondomestic members of the following families:

(a) Felidae;

(b) Canidae;

(d) Mustelidae; and

(e) Hyaenidae;

(2) Of the order Artiodactyla, all nondomestic members;

(3) Of the order Perissodactyla, all nondomestic members of the following families:

(a) Tapiridae; and

(b) Rhinocerotidae; and

(4) Of the order Proboscidea, all members of the following families:

(a) African elephant; and

(b) Asian elephant; and

(5) Of the order Primates.

Cross-Reference: Types of permits -- Fees, § 12:68:18:03.03.

History

Source: 10 SDR 61, effective December 18, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991; 20 SDR 96, effective December 31, 1993; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-24 to 40-3-26, 40-5-8.

ARSD 12:68:18:03.01 Specifically prohibited nondomestic mammals

The board may issue only a temporary permit or a zoo permit for possession of the following nondomestic mammals or any of their hybrids. Possession of these mammals is otherwise specifically prohibited:

Of the family Canidae, genus Nyctereutes, species procyonoides (raccoon dog).

Cross-Reference: Types of permits -- Fees, § 12:68:18:03.03.

History

Source: 20 SDR 96, effective December 31, 1993; 44 SDR 47, effective September 18, 2017.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-24 to 40-3-26, 40-5-8.

ARSD 12:68:18:03.02 Specifically restricted nondomestic mammals

Possession of the following nondomestic mammals is restricted geographically to the area of South Dakota east of the Missouri River:

(1) Nondomestic mammals that are capable of crossbreeding with free-roaming wild elk, specifically including all red deer, sika deer, sambar, Pe're Davids deer, and axis deer and any of their hybrids; and

(2) Nondomestic mammals that are capable of crossbreeding with free-roaming wild sheep and goats or competing aggressively for habitat utilized by wild sheep and goats, specifically including all mouflon, argali, urial, blue sheep, auodad, barbary sheep, and any of their hybrids.

History

Source: 20 SDR 96, effective December 31, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-24 to 40-3-26.

ARSD 12:68:18:03.03 Types of permits -- Fees

The board shall issue the following permits to persons who meet the requirements of this chapter and pay the required fee:

(1) Entry permit (no fee) - a permit allowing importation of captive nondomestic animals into South Dakota which may be granted by telephone;

(2) Temporary permit ($10) - a permit issued to an individual to possess for not more than 14 days a captive nondomestic mammal specifically prohibited in § 12:68:18:03.01 or restricted in § 12:68:18:03.02;

(3) Dealer auction permit ($100) - an annual permit issued to an individual or a group solely for the purpose of brokering, leasing, purchasing, or selling mammals listed in this chapter whether or not a fee or other compensation is charged for such services;

(4) Possession permit ($10 an animal to a maximum of $100) - a permit issued for the possession of mammals listed in this chapter for any reason other than the conditions described in subdivisions (2), (3), and (4) of this section;

(5) Zoo permit ($10 an animal to a maximum of $100) - a permit issued to nonprofit exhibitors of nondomestic mammals. A zoo permit allows the possession of any class of nondomestic mammals. The board may approve the permit if it determines that facilities are adequate for confinement.

History

Source: 20 SDR 96, effective December 31, 1993; 44 SDR 47, effective September 18, 2017.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-24 to 40-3-26.

ARSD 12:68:18:03.04 Application for permit

The board shall provide application forms for all permits required by this chapter. An application must be submitted to the board before the applicant may possess any of the mammals listed in § 12:68:18:03. The permit application must contain all information required in § 12:68:18:06. The board shall issue the permit if the following requirements are met:

(1) The required fees are received;

(2) Grounds for denial as listed in § 12:68:18:09 do not exist; and

(3) The board determines that the facilities and procedures as described in the application are adequate for compliance with this chapter and to provide for the safety of other animals and humans.

History

Source: 20 SDR 96, effective December 31, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-24 to 40-3-26.

ARSD 12:68:18:03.05 Release of permitted animal to the wild prohibited

An animal possessed under authority of a permit issued under this chapter may not be released to the wild.

History

Source: 20 SDR 96, effective December 31, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-24 to 40-3-26, 40-5-8, 40-5-8.6.

ARSD 12:68:18:03.06 Escapes

An animal possessed under authority of a permit issued under this chapter must be continuously maintained within the confines of the permitted facility. The following procedures apply to animals that escape:

(1) If an animal governed by this chapter escapes or otherwise exits the confines of the facility and is found to be free-roaming, the permittee must immediately notify the board;

(2) An animal that escapes is immediately eligible for impoundment or destruction by the board in cooperation with the Department of Game, Fish and Parks;

(3) An animal that escapes is the property of the board, and the board shall determine the most expedient disposition of the impounded animal. Disposition may include return to the permittee or transfer to the Department of Game, Fish and Parks; and

(4) Expenses incurred in the capture, impoundment, care of, and transfer of ownership of escaped animals at the time of escape are the permittee's responsibility. The permittee must pay such costs to the board before the board issues or renews any permits covered by this chapter.

History

Source: 20 SDR 96, effective December 31, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-3-24 to 40-3-26, 40-5-8.

ARSD 12:68:18:03.07 Free-roaming wildlife

A person may not confine or allow the confinement of free-roaming wildlife. Before the issuance of a permit under this chapter, the board in cooperation with the Department of Game, Fish and Parks may inspect the facility for the presence of free-roaming wildlife. Any free-roaming wildlife must be removed by the applicant to the satisfaction of the board before the issuance of the permit.

A permittee must immediately notify the board upon the ingress of free-roaming wildlife of the mammalian class into a permitted facility. The board in cooperation with the Department of Game, Fish and Parks shall take whatever action it considers necessary in accordance with the provisions of SDCL 40-3-25 to dispose of such free-roaming wildlife. Facilities may not be constructed for purposes of confining captive nondomestic mammals in such a manner as to interrupt the normal migration patterns of free-roaming wildlife as determined by the board in consultation with the Department of Game, Fish and Parks.

History

Source: 20 SDR 96, effective December 31, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.
Law Implemented: SDCL 40-3-24 to 40-3-26.

ARSD 12:68:18:03.08 Testing for purity of species

At the request of the board, a person possessing an animal by permit under this chapter shall present the animal in a confined area, individually restrained, for identification and testing for purity of species. Testing for purity may include all animals permitted or a percentage, as determined by the board in consultation with the Department of Game, Fish and Parks.

History

Source: 20 SDR 96, effective December 31, 1993; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-24 through 40-3-26, 40-5-8.

ARSD 12:68:18:04 Repealed

Import of nondomestic ruminant animals. Repealed.

History

Source: 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 38 SDR 214, effective June 21, 2012; 39 SDR 204, effective June 10, 2013; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.

ARSD 12:68:18:05 Nondomestic birds

The provisions of §§ 12:68:13:01 to 12:68:13:40, inclusive, apply to all nondomestic birds, such as pheasants and partridges.

Cross-References: Private shooting preserves, chapter 41:09:01; Captive game birds, chapter 41:09:02.

History

Source: 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-10, 40-5-8.

ARSD 12:68:18:06 Annual application required

A person possessing captive nondomestic mammals listed in §§ 12:68:18:03 to 12:68:18:03.02, inclusive, must apply for a permit for captive nondomestic animals annually from the board by January 1.

The permit application shall include the following:

(1) The applicant's name, mailing address, and phone number;

(2) The legal description of the premises where the animals are held;

(3) An inventory by species, age, and sex of all mammals covered by this permit at application time;

(4) A listing of all captive nondomestic mammals added to the premises within the past twelve months, including birth additions, and of all captive nondomestic mammals permanently removed from the premises within the past twelve months, including purchases, sales, leases, gifts, deaths, and escapes. The list must include individual identification of all such mammals by either legible tattoo or eartag as defined in § 12:68:18:07, by a similar tag, or by electronic means; and

(5) A description of facilities used for confining mammals for such purposes as testing and identification.

History

Source: 19 SDR 39, effective September 24, 1992; 20 SDR 96, effective December 31, 1993; 29 SDR 29, effective September 4, 2002; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-3-24 to 40-3-26, inclusive, 40-5-8.6.

ARSD 12:68:18:07 Reporting requirements

A permit holder under § 12:68:18:06 must maintain records of all additions and removals of animals covered by the permit requirements. All such records must be made available to the board upon request. The records must include the individual identification, by legible tattoo or official eartag, as defined in 9 C.F.R. § 71.1 (January 1, 2021), by a similar tag, or by electronic means, and the name and address of all parties involved in transactions of sale, purchase, lease, loan, gift, or translocation.

Any reports involving captive nondomestic cervidae, imported or possessed in South Dakota, must include individual animal identification.

Disappearances by death or escape and any diseased animal must be reported to the board immediately. The permittee shall have any animals that die autopsied at the official diagnostic laboratory for the board if requested to do so by the board. The permittee is responsible for any expense to transport the animals to the laboratory.

History

Source: 19 SDR 39, effective September 24, 1992; 20 SDR 96, effective December 31, 1993; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-3-24 through 40-3-26, 40-5-8.6.

ARSD 12:68:18:07.01 Intrastate movement requirement for nondomestic mammals

Intrastate movement requirements for nondomestic mammals.** All intrastate movements of nondomestic mammals listed in § 12:68:18:03 shall be accompanied by an intrastate movement certificate of veterinary inspection signed by a licensed, accredited veterinarian. The intrastate movement certificate of veterinary inspection shall include the following:

(1) Consignor's name, address, and animal industry board issued possession permit number;

(2) Consignee's name, address, and animal industry board issued possession permit number;

(3) The telephone issued permit number requested by the veterinarian signing the certificate of veterinary inspection and issued by the state veterinarian before movement;

(4) The species of each animal, its sex and age;

(5) An individual permanent identification of each animal listed on the certificate of veterinary inspection; and

(6) Any information required by the board about the results of tests conducted or other stipulations as determined by the state veterinarian.

History

Source: 31 SDR 21, effective August 18, 2004; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-3-14(19).
Law Implemented: SDCL 40-3-9, 40-3-14, 40-5-8.

ARSD 12:68:18:08 Identification and inspection of captive nondomestic animals

At the request of the board, persons possessing animals listed in § 12:68:18:06 must present animals in a confined area, individually restrained, for identification and inspection.

History

Source: 19 SDR 39, effective September 24, 1992.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 38-1-41, 40-3-14, 40-5-8.6.

ARSD 12:68:18:09 Grounds for denial, suspension, or revocation of permits for captive nondometstic animals

Grounds for denial, suspension, or revocation of permits for captive nondomestic animals.** Permits for possession of captive nondomestic animals may be denied, suspended, or revoked by the board for any of the following reasons:

(1) Incomplete application;

(2) Incorrect application information;

(3) Incorrect records;

(4) Not presenting animals for identification at the request of the board;

(5) Violation of any part of §§ 12:68:18:06 to 12:68:18:08, inclusive; and

(6) Violation of any lawful order of the board pursuant to SDCL 40-5-8 to 40-5-8.6, inclusive, or 40-5-9.

History

Source: 19 SDR 39, effective September 24, 1992.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 38-1-41, 40-3-14, 40-5-8.6.

Chapter 12:68:19 Ram epididymitis control

ARSD 12:68:19:01 Definitions

Words used in this chapter mean:

(1) "Ram epididymitis," as used in SDCL 40-5-5.1, a disease of rams caused by brucella ovis;

(2) "Flock," a number of sheep;

(3) "Blood test," a test approved by the board;

(4) "Brucella ovis-free flock," a flock free of epididymitis.

History

Source: 14 SDR 116, effective March 13, 1988; 37 SDR 47, effective September 20, 2010.
General Authority: SDCL 40-3-14, 40-5-5.1.
Law Implemented: SDCL 40-5-5.1.

ARSD 12:68:19:02 Establishing brucella ovis-free flock

A flock of sheep may be established as a brucella ovis-free flock by showing that all rams six months old and older have passed two negative blood tests 45 to 60 days apart.

History

Source: 14 SDR 116, effective March 13, 1988; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14, 40-5-5.1.
Law Implemented: SDCL 40-5-5.1.

ARSD 12:68:19:03 Maintenance of brucella ovis-free flock

A brucella ovis-free flock may be maintained by blood testing with negative results of all rams six months old and older before they are added to the flock and by annual blood testing with negative results of all rams six months old and older in the flock. Blood tests used must be tests approved by the board.

Cross-Reference: Approved blood tests, § 12:68:19:05.

History

Source: 14 SDR 116, effective March 13, 1988; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14, 40-5-5.1.
Law Implemented: SDCL 40-5-5.1.

ARSD 12:68:19:04 Testing requirements for imported rams

No person may bring a ram six months old or older into this state for purposes other than immediate slaughter unless the ram has been blood tested for brucella ovis not more than 30 days prior to the date of importation and the test result is negative.

If rams are from a brucella ovis-free flock, certified by the state of origin, which has requirements equal to those in this chapter, they may be imported without a test.

History

Source: 14 SDR 116, effective March 13, 1988; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14, 40-5-5.1.
Law Implemented: SDCL 40-5-5.1.

ARSD 12:68:19:05 Approved blood tests

The Elisa test is the blood test approved for the purposes of this chapter.

History

Source: 14 SDR 116, effective March 13, 1988.
General Authority: SDCL 40-3-14, 40-5-5.1.
Law Implemented: SDCL 40-5-5.1.

ARSD 12:68:19:06 Transferred

Transferred to § 12:68:29:10** .

ARSD 12:68:19:07 Certificate of veterinary inspection and permit required

C** ertificate of veterinary inspection and permit required. A certificate of veterinary inspection and a permit are required before rams may be imported into the state for purposes other than immediate slaughter. The certificate of veterinary inspection must meet the requirements of SDCL 40-14-2 and must be issued by a veterinarian licensed by the state of origin and accredited by Veterinary Services of the U.S. Animal and Plant Health Inspection Service. The veterinarian issuing the certificate of veterinary inspection may obtain a permit by calling the board office and must write the permit number on the certificate of veterinary inspection.

History

Source: 14 SDR 116, effective March 13, 1988; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-3-14, 40-5-5.1.
Law Implemented: SDCL 40-5-5.1.

ARSD 12:68:19:08 Testing requirements for intrastate movement of rams

Rams, six months old and older, that are sold, loaned, or leased in the state for purposes other than immediate slaughter must test negative to brucella ovis within the 90 days prior to sale, loan, or lease or must come from a brucella ovis-free flock.

All rams six months old and older that are sold for immediate slaughter must be branded with paint an "X" no smaller than four inches on the back.

History

Source: 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991; 20 SDR 277, 21 SDR 4, effective July 10, 1994; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14, 40-5-5.1.
Law Implemented: SDCL 40-5-5.1.

ARSD 12:68:19:09 Rams positive to brucella ovis test

Rams testing positive for brucella ovis must be identified by an official eartag, as defined in 9 C.F.R. Part 79 (January 1, 2021), and quarantined to premises until they are sent to slaughter.

History

Source: 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991; 20 SDR 277, 21 SDR 4, effective July 10, 1994; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 44 SDR 47, effective September 18, 2017; 48SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-5-5.1.
Law Implemented: SDCL 40-5-5.1.

Chapter 12:68:20 Inhumane treatment of animals

ARSD 12:68:20:01 Procedures for filing complaints

Any citizen knowledgeable of a violation of SDCL chapter 40-1 with regard to cattle, horses, sheep, swine, or other livestock may file a complaint to the board. The complainant shall provide the board with the complainant's name, mailing address, phone number, and the location where the complainant can be contacted by the board for investigation of the complaint. The complaint may be by personal communication, telephone, or in writing.

History

Source: 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-1-25.
Law Implemented: SDCL 40-1-25.

ARSD 12:68:20:02 Investigation of reported violations

The board shall investigate reported violations of SDCL chapter 40-1 in an expedient manner. The investigation may include the use of knowledgeable consultants, telephone communications, and inspection of records, facilities, and animals. Such investigations may include taking testimony from witnesses.

History

Source: 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-1-25.
Law Implemented: SDCL 40-1-25.

ARSD 12:68:20:03 Methods of euthanasia

Euthanasia of animals under authority of SDCL chapter 40-1 must be by methods that produce instantaneous unconsciousness and immediate death without visual evidence of pain or distress or by administering an anesthetic which causes loss of consciousness and death following loss of consciousness.

History

Source: 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-1-25.
Law Implemented: SDCL 40-1-21, 40-1-25.

ARSD 12:68:20:04 Qualifications for agents of the board

Agents of the board other than peace officers must be in possession of 9 C.F.R. §§ 3.1 through 3.142 (January 1, 2021). Knowledge of this publication must be demonstrated during an interview by the state veterinarian, before appointment as an agent of the board. An agent must be of reputable character and possess general animal health knowledge demonstrated by letters of reference from two citizens knowledgeable about the individual. One letter of reference must be written by a licensed and accredited veterinarian from the community in which the agent resides.

History

Source: 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-1-25.
Law Implemented: SDCL 40-1-25.

ARSD 12:68:20:05 Procedures and methods of impoundment

If the board or an agent contracted by the board determines that impoundment of an animal is necessary under authority of SDCL chapter 40-1, the board or contracted agent shall, if circumstances allow, obtain from the court having jurisdiction an order for the impoundment. If circumstances appear to the board or its contracted agent to dictate, impoundment may take place in a reasonable and expeditious manner without a court order.

Any impoundment under the authority of this chapter must be for the immediate and continued alleviation of inhumane treatment or threat to the physical well-being of other owned animals or humans.

History

Source: 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-1-25.
Law Implemented: SDCL 40-1-25.

ARSD 12:68:20:06 Methods of transferring ownership of impounded animals

If the board considers that circumstances warrant, the board shall obtain from the court having jurisdiction an order to transfer ownership of an animal impounded under SDCL chapter 40-1 to a suitable caretaker or facility. Ownership of an impounded animal, after at least five days, may be transferred in the manner the board determines most expedient so as to prevent inhumane treatment or threat to the physical well-being of other owned animals or humans.

History

Source: 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-1-25.
Law Implemented: SDCL 40-1-25, 40-1-34.

Chapter 12:68:21 Brucellosis control in goats

ARSD 12:68:21:01 Definitions

As used in this chapter:

(1) "Blood test" means an official test, including the card test, buffered acidified plate antigen, plate, particle concentration fluorescence immunoassay, Rivanol, and complement fixation tests, as described in 9 C.F.R. § 78.1 (January 1, 2021);

(2) "Brucellosis" means a disease of goats caused by the Brucella species of bacteria;

(3) "Certified brucellosis-free goat herd" means a goat herd for which the owner holds a certified free herd certificate;

(4) "Infected herd" means a herd of goats in which one or more reactors have been disclosed and which has not regained a negative herd status;

(5) "Negative" means a goat showing no reaction on a blood test for Brucella;

(6) "Reactor" means a goat showing a positive reaction on the test or proven infected by other diagnostic methods, as determined by a state or federal epidemiologist, as described in 9 C.F.R. § 78.1 (January 1, 2021); and

(7) "Suspect" means a goat that shows a reaction to a test but does not qualify as negative or as a reactor, as determined by a brucellosis epidemiologist employed by the state or federal government, as described in 9 C.F.R. § 78.1 (January 1, 2021).

History

Source: 18 SDR 134, effective February 24, 1992; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:21:02 Testing and identification

All testing for brucellosis shall be at the owner's expense. All goats over six months of age and in a herd shall be included on all herd tests. All tested goats shall be identified by an official eartag or registration tattoo.

History

Source: 18 SDR 134, effective February 24, 1992; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:21:03 Reactors -- Quarantine -- Movement of quarantined goats

An agent of the board shall quarantine a herd when a reactor is disclosed in the herd. All movements from quarantined herds shall be by special permit of the board.

An agent of the board may release a quarantine after all reactors have been removed and the quarantined herd has passed two consecutive negative herd tests. The first herd test may be no sooner than 30 days after the last reactor has been removed and the second herd test may be no sooner than 90 days after the first negative test.

History

Source: 18 SDR 134, effective February 24, 1992.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:21:04 Suspects -- Movement of suspects

An agent of the board shall quarantine a suspect when it is disclosed in the herd. All movement of suspects shall be by special permit of the board.

History

Source: 18 SDR 134, effective February 24, 1992.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:21:05 Certified brucellosis-free goat herds

The board shall grant a certificate of brucellosis-free herd status following two consecutive negative herd tests not less than 10 or more than 14 months apart. The certificate of brucellosis-free herd status expires one year after the final test for certification. Tests made for quarantine release may not be used for herd certification.

The board shall recertify a herd brucellosis-free following a negative herd test within 60 days after the anniversary date of the initial certification. The recertification shall expire 12 months after the anniversary date of the initial certification.

History

Source: 18 SDR 134, effective February 24, 1992.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:21:06 Additions to certified brucellosis-free herds

Additions to certified brucellosis-free herds must meet one of the following requirements:

(1) Originate from certified brucellosis-free herds;

(2) Originate from a negative herd tested within the previous year and be individually tested at least 60 days after the herd test and within the 30 days prior to being added to the herd; or

(3) Be held in isolation until the goat tests negative twice, the first test given within the 30 days after the goat is brought to the premises and the retest given no sooner than 30 days following the first test.

History

Source: 18 SDR 134, effective February 24, 1992.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:21:07 Revocation of certified brucellosis-free status

The board shall revoke the certified brucellosis-free herd status if the board determines that the herd owner has violated any provisions of this chapter.

History

Source: 18 SDR 134, effective February 24, 1992.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

Chapter 12:68:22 Tuberculosis control in goats

ARSD 12:68:22:01 Definitions

Terms used in this chapter are defined as follows:

(1) "Accredited tuberculosis-free herd," a herd for which the owner holds an unrevoked and unexpired accredited herd certificate;

(2) "Infected herd," a herd of goats in which one or more reactors have been diagnosed on the last herd test or the herd is under an infected herd quarantine;

(3) "Negative," a goat showing no response to the intradermal test or a negative diagnosis on a comparative cervical test;

(4) "Negative herd," a herd of goats in which no reactors or suspects have been diagnosed in the last herd test and the herd is not under quarantine;

(5) "Reactor," a goat showing a positive diagnosis based on the comparative cervical test, as defined in "Bovine Tuberculosis Eradication, Uniform Methods and Rules," Animal and Plant Health Inspection Service, USDA, January 1, 2005;

(6) "Responder," any positive response to the caudal fold test;

(7) "Suspect," a goat showing a positive response to the caudal fold tuberculin test and not classified a reactor, as defined in "Bovine Tuberculosis Eradication, Uniform Methods and Rules," Animal and Plant Health Inspection Service, USDA, January 1, 2005;

(8) "Suspect herd," a herd in which one or more suspects but no reactors have been diagnosed;

(9) "Test," an intradermic injection of tuberculin by an accredited licensed veterinarian with the injection site observed and palpated 72 hours after injection; a comparative cervical test made within 10 days or after 60 days following the date of caudal fold injection by a veterinarian employed by the board;

(10) "Tuberculosis," a disease of goats caused by mycobacterium bovis.

Reference: "Bovine Tuberculosis Eradication, Uniform Methods and Rules," January 1, 2005, published by Animal and Plant Health Inspection Service, U.S. Department of Agriculture. Copies may be obtained at no charge from South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501-4503.

History

Source: 18 SDR 134, effective February 24, 1992; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:22:02 Testing and identification

All testing other than comparative cervical testing shall be at the owner's expense. All goats over six months of age and in a herd shall be included on all herd tests. All tested goats shall be identified by official eartag or registration tattoo. All goats responding to the intradermal test shall be reported immediately to the board by the veterinarian administering the test.

History

Source: 18 SDR 134, effective February 24, 1992; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:22:03 Suspects -- Movement of suspects

Suspects shall be quarantined when disclosed. All movement of suspects shall be by special board permit. Suspects shall be held under quarantine until they are diagnosed negative or positive by the comparative cervical test.

History

Source: 18 SDR 134, effective February 24, 1992.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:22:04 Quarantine -- Movement of quarantined goats

A herd shall be quarantined when a reactor is disclosed in the herd. All movement from quarantined herds shall be by special board permit.

Infected herds shall be under quarantine until all reactors are removed and the herd passes three consecutive negative tests. The first is to be made no sooner than 60 days following the removal of the last reactor. The second test shall be no sooner than 60 days following the first negative test and the third test shall be no sooner than 180 days following the second negative test.

History

Source: 18 SDR 134, effective February 24, 1992.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:22:05 Accredited tuberculosis-free herds

The board shall grant a certificate of accredited free herd status following two consecutive negative herd tests conducted not less than 10 or more than 14 months apart. The accredited free certificate expires one year after the final test for accreditation.

A herd shall be reaccredited following a negative test within 60 days before the anniversary of the certificate date. The reaccreditation shall be for 12 months following the anniversary date of the initial accreditation certificate.

History

Source: 18 SDR 134, effective February 24, 1992.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:22:06 Additions to accredited tuberculosis-free herds

Additions to accredited tuberculosis-free herds must meet one of the following requirements:

(1) Originate from an accredited free herd;

(2) Originate from a negative herd tested within one year and be individually tested more than 60 days before being added to the herd; and

(3) Be negative to a test within 60 days of being brought to the premise and be held in isolation until negative to a retest no sooner than 60 days following the first test.

History

Source: 18 SDR 134, effective February 24, 1992.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:22:07 Revocation of accredited tuberculosis-free status

The board shall revoke the accredited tuberculosis-free status if the board determines that the herd owner has violated any provisions of this chapter.

History

Source: 18 SDR 134, effective February 24, 1992.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

Chapter 12:68:23 Tuberculosis control in cervidae

ARSD 12:68:23:01 Methods for tuberculosis control

Methods for tuberculosis control in cervidae in South Dakota shall refer to the methods contained in "Bovine Tuberculosis Eradication," USDA, APHIS, January 22, 1999.

Reference: "Bovine Tuberculosis Eradication," APHIS 91-45-011, January 22, 1999, published by Animal and Plant Health Inspection Service, U.S. Department of Agriculture. Copies may be obtained at no charge from South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501. Information can also be obtained from the AIB website; http://aib.sd.gov and the USDA website; http://www.usda.gov/wps/portal/usda/usdahome.

History

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 39 SDR 204, effective June 10, 2013.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:23:02 Definitions

As used in this chapter:

(1) "Accredited herd" means a cervidae herd that has passed at least two consecutive official tuberculosis tests of all eligible animals, conducted at nine to 15-month intervals, and has no evidence of bovine tuberculosis or exposure to it;

(2) "Accredited veterinarian" means a veterinarian approved by the deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture, and the state veterinarian, in accordance with 9 C.F.R. Part 161 (January 1, 2021), to perform functions required by cooperative state-federal animal disease control and eradication programs;

(3) "Affected herd" means a herd that contains or has contained one or more animals infected with Mycobacterium bovis and has not passed the required tests prescribed by this chapter for release from quarantine;

(4) "Approved laboratory" means the National Veterinary Service Laboratory, Ames, Iowa;

(5) "Cervidae" means all species of deer, elk, moose, and caribou;

(6) "Comparative cervical tuberculin test" means the intradermal injection of biologically balanced bovine purified protein derivative tuberculin and avian purified protein derivative tuberculin, at separate sites in the midcervical area, to determine the probable presence of infection, by comparing the response of the two tuberculins, 72 hours plus or minus six hours following injection, by a veterinarian employed by the state veterinarian or by the United States Department of Agriculture;

(7) "Designated accredited veterinarian" means an accredited veterinarian trained and designated by the state veterinarian to conduct the single cervical test or draw blood for the dual path platform test for tuberculosis on cervidae;

(8) "Direct shipment to slaughter" means the shipment of tuberculosis reactors, tuberculosis suspects, and tuberculosis-exposed cervidae, from the premises of origin, by permit, directly to a slaughtering establishment operating under state or federal inspection, without diversion to assembly points of any type;

(9) "Dual path platform test" means a serological assay to determine the presence of antibodies to bovine tuberculosis in elk, red deer, white-tailed deer, fallow deer, and reindeer, in which a blood sample taken from a captive cervidae and buffer solution is placed on a strip. The diluted sample then migrates to another strip, which contains an antibody-detecting reagent. This latter strip indicates whether antibodies are present in the sample;

(10) "Exposed animals" means cervidae that have associated with animals known to be tuberculous;

(11) "Herd" means one or more cervidae or a group of cervidae and other hoofed stock maintained on common ground, or two or more groups of cervidae under common ownership or supervision that are geographically separated but can have an interchange or movement without regard to health status;

(12) "Natural additions" means animals born and raised in a herd;

(13) "Negative animals" means cervidae that show no response to a tuberculosis test or that have been classified as negative by the testing veterinarian based on history, supplemental tests, examination of carcasses, or laboratory results;

(14) "No gross lesion animals" means cervidae that do not reveal any lesions of bovine tuberculosis upon necropsy;

(15) "Official eartag" means an identification eartag, as defined in 9 C.F.R. § 71.1 (January 1, 2021);

(16) "Official tuberculosis test" means a test for bovine tuberculosis applied and reported in accordance with this chapter;

(17) "Permit" means an official document issued by a representative of Animal Plant Health Inspection Service, Veterinary Service, a state representative, or an accredited veterinarian, required to accompany reactor, suspect, or exposed cervidae to slaughter;

(18) "Qualified herd" means a cervidae herd that has undergone at least one complete official negative test of all eligible animals, within the past twelve months, and is not classified as an accredited herd, has no evidence of bovine tuberculosis, and meets the standards of this chapter;

(19) "Reactor" means a cervidae that shows a response to an official tuberculosis test and is classified a reactor by the testing veterinarian;

(20) "Single cervical tuberculin test" means the intradermal injection of 0.1 mL or 5,000 tuberculin units of United States Department of Agriculture bovine purified protein derivative tuberculin in the midcervical region with reading by visual observation and palpation in 72 hours, plus or minus six hours, following injection;

(21) "Suspect" means a cervidae that shows a response to an official tuberculosis test and is not classified as a reactor or is not classified as negative or as a reactor by a supplemental tuberculosis test;

(22) "Tuberculin" means a product that is approved by and produced under United States Department of Agriculture license for the intradermal injection of cervidae for the purpose of detecting bovine tuberculosis; and

(23) "Tuberculosis" means a disease in Cervidae caused by Mycobacterium bovis.

Reference: "Bovine Tuberculosis Eradication," APHIS 91-45-011, January 22, 1999, published by Animal and Plant Health Inspection Service, United States Department of Agriculture. Copies may be obtained at no charge from South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501.

History

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 39 SDR 204, effective June 10, 2013; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8 to 40-5-8.4, 40-5-9.

ARSD 12:68:23:03 Monitored herd

A monitored herd is a herd under range conditions on which identification records are maintained for animals over one year of age that are slaughtered and inspected for tuberculosis at an approved state or federal slaughter facility or an approved laboratory. The animals slaughtered have been identified to the herd and the number slaughtered have been evenly distributed over a three-year period, at a rate to detect infection at a two percent prevalence level with ninety-five percent confidence. This rate requires a maximum number of 178 animals. See page 34 in "Bovine Tuberculosis Eradication," USDA, APHIS, January 22, 1999.

History

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:23:04 Official tuberculosis tests

The following primary and supplemental diagnostic tests are the official tests approved for use in testing and retesting for tuberculosis in cervidae.

(1) The single cervical tuberculin test is a primary test that may be used in individual captive cervidae and in herds of unknown tuberculosis status. Each captive cervidae that responds to the single cervical tuberculin test must be classified as a suspect until it is retested with the comparative cervical tuberculin test and is either found negative for tuberculosis or is classified as a reactor, unless, with exception of a designated accredited veterinarian, the testing veterinarian determines that the captive cervidae should be classified as a reactor based on its response to the single cervical tuberculin test. A designated accredited veterinarian must classify a responding captive cervidae as a suspect, unless the state veterinarian determines, based on epidemiological evidence, that the captive cervidae should be classified as a reactor. A captive cervidae that responds to the single cervical tuberculin test must not be retested using the dual path platform test;

(2) The single cervical tuberculin test is a primary test that may be used in affected herds and in herds that have received captive cervidae from an affected herd. If used with affected herds or in herds that have received a captive cervidae from an affected herd, the single cervical tuberculin test may only be administered by a veterinarian employed by the state in which the test is administered or employed by USDA. In affected herds or herds that have received captive cervidae from an affected herd, each captive cervidae that responds to the single cervical tuberculin test must be classified as a reactor, unless the state veterinarian determines, based on epidemiological evidence, that the cervidae should be classified as a suspect because of possible exposure to a tuberculous animal;

(3) The dual path platform test is a primary test that may be used in individual captive elk, red deer, white-tailed deer, fallow deer, and reindeer, and in herds of these species that are of unknown tuberculous status. Each captive cervidae that has nonnegative test results to the dual path platform test must be classified as a suspect, unless the state veterinarian determines, based on epidemiological evidence, that the captive cervidae should be classified as a reactor. The cervidae may be retested with the dual path platform test to evaluate a new blood sample drawn from the cervidae no less than 30 days after the first dual path platform test. A captive cervidae that has nonnegative test results on two successive dual path platform tests must be classified as a reactor. A captive cervidae that has nonnegative test results to the dual path platform test may not be retested using the single cervical tuberculin or comparative cervical tuberculin test;

(4) The comparative cervical tuberculin test is a supplemental test that may only be used in order to retest captive cervidae that have been classified as suspects after being tested with the single cervical tuberculin test. The comparative cervical tuberculin test may be used in affected herds only after the herd has tested negative to at least two whole herd single cervical tuberculin tests and only with the prior written consent of the state veterinarian. The comparative cervical tuberculin test may not be used as a primary test. Captive cervidae tested with the comparative cervical tuberculin test are classified as follows:

(A) A captive cervidae tested with the comparative cervical tuberculin test must be classified as negative if it has a response to the bovine purified protein derivative tuberculin that is less than 1 mm;

(B) Unless the testing veterinarian determines that the captive cervidae should be classified as a reactor because of possible exposure to a tuberculous animal, a captive cervidae tested with the comparative cervical tuberculin test must be classified as a suspect if:

(1) It has a response to the bovine purified protein derivative tuberculin that is greater than 2 mm and that is equal to the response to the avian purified protein derivative tuberculin; or

(2) It has a response to the bovine purified protein derivative tuberculin that is equal to or greater than 1 mm and equal to or less than 2 mm and that is equal to or greater than the response to the avian purified protein derivative tuberculin; and

(1) It has a response to the bovine purified protein derivative tuberculin that is greater than 2 mm and that is at least 0.5 mm greater than the response to the avian purified protein derivative tuberculin; or

(2) It has been classified as a suspect on two successive comparative cervical tuberculin tests.

Any exceptions to the reactor classification under the conditions in this subsection must be justified by the testing veterinarian in writing and have the concurrence of the state veterinarian.

History

Source: 21 SDR 162, effective March 23, 1995; 39 SDR 204, effective June 10, 2013; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.4, 40-5-9.

ARSD 12:68:23:05 Classification of Cervidae tested

All Cervidae tested shall be recorded and classified as described in Part II, "Bovine Tuberculosis Eradication," USDA, APHIS, January 22, 1999.

History

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:23:06 Importation of Cervidae

All Cervidae to be imported into South Dakota must be:

(1) Individually identified with an official identification tag and a visible management tag listed on a certificate of veterinary inspection and an import permit issued by the board; and

(2) The cervidae must be from:

(A) An accredited herd that has completed testing requirements within 24 months prior to the date of movement; or

(B) A herd that has had a negative whole herd test within one year prior to the date of movement, and the individual animals moved must have tested negative to an official tuberculosis test, as defined in § 12:68:23:04, within 90 days prior to entry; except that the additional test is not required if the animals are moved interstate within six months following the whole herd test.

History

Source: 21 SDR 162, effective March 23, 1995; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.4.

ARSD 12:68:23:07 Reporting of tests

A report of all tuberculosis tests must be submitted to the state veterinarian by the veterinarian administering the test immediately following the test. This report must include the identification of age, sex, and species of each animal and a record of the size of the response.

History

Source: 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:23:08 Repealed

Use of blood TB test.** Repealed..

History

Source: 21 SDR 162, effective March 23, 1995; repealed, 34 SDR 100, effective October 22, 2007.

ARSD 12:68:23:09 Use of the single cervical test

The single cervical test may be administered only by a state, federal, or designated accredited veterinarian.

History

Source: 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:23:10 Disposition of Cervidae responding to tuberculin testing

Cervidae responding to tuberculin testing must be disposed of as follows:

(1) Reactors and exposed animals must remain on the premises where they were disclosed until a state or federal permit for movement has been obtained. Movement for immediate slaughter must be within 15 days after classification directly to a slaughter establishment where approved state or federal inspection is maintained. Alternatively, the animals may be destroyed and a necropsy may be conducted by or under the supervision of an accredited veterinarian who is employed by the state or federal government and trained in tuberculosis necropsy procedures.

(2) Herds containing suspects to the single cervical tuberculin test must be quarantined until the suspect animals are:

(a) Retested by the comparative cervical tuberculin test within ten days after the single cervical tuberculin test injection; or

(b) Retested by the comparative cervical tuberculin test after 90 days; or

(c) Shipped under permit directly to a slaughter facility under state or federal inspection, or necropsied by or under the supervision of an accredited veterinarian who is employed by the state or federal government and trained in tuberculosis necropsy procedures. If such animals are found to be without evidence of mycobacterium bovis infection by histopathology, including selected specimens submitted from animals having no gross lesions indicative of tuberculosis or culture, they are considered negative for tuberculosis.

(3) Suspects to the comparative cervical tuberculin test must remain under quarantine until:

(a) Comparative cervical suspects are retested using the comparative cervical tuberculin test after 90 days; or

(b) Shipped under permit directly to a slaughter facility under state or federal inspection or necropsied by or under the supervision of an accredited veterinarian who is employed by the state or federal government and trained in tuberculosis necropsy procedures. Such animals are considered negative for tuberculosis unless evidence of the disease is found by culture or histopathology, including selected specimens submitted from animals having no gross lesions.

(4) An animal meeting the suspect criteria on two successive comparative cervical tuberculin tests must be classified as a reactor and identified as such. The testing veterinarian must justify exceptions, in writing, and have the concurrence of the state veterinarian.

(5) A captive cervidae classified as a suspect on the dual path platform test must be quarantined until it is slaughtered or retested using the dual path platform test and found negative for tuberculosis; and

(6) A captive cervidae classified as a suspect on an initial dual path platform test must be slaughtered or otherwise must be quarantined until it is retested using the dual path platform test. A captive cervidae that has negative test results to the second dual path platform test may be released from quarantine. A captive cervidae that has nonnegative test results to the second dual path platform test must be classified as a reactor and may only be moved in accordance with subsection (3)(b) of this section.

History

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 39 SDR 204, effective June 10, 2013; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:23:11 Identification of reactors

Reactor cervidae must be identified by branding with the letter "T" on the left jaw, not less than two inches or more than three inches high, and by tagging with an official eartag bearing a serial number and the inscription "U.S. Reactor" attached to the left ear. In lieu of branding, a reactor may be shipped to slaughter in an officially sealed vehicle by a full-time United States Department of Agriculture or South Dakota Animal Industry Board employee, or accompanied to slaughter by a full-time United States Department of Agriculture or South Dakota Animal Industry Board employee. The seal to be used is defined in 9 C.F.R. § 78.1, January 1, 2021.

History

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 39 SDR 204, effective June 10, 2013; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:23:12 Cleaning and disinfection of premises, conveyances, and materials

All premises, including all structures, holding facilities, conveyances, and materials that are determined by cooperating state or federal animal health officials to constitute a health hazard to humans or animals because of tuberculosis must be cleaned and disinfected. Cleaning and disinfection must be done within 15 days after the removal of tuberculosis-infected or -exposed cervids as directed by the officials. The officials, for reasons satisfactory to them, may extend the time limit for disinfection if the request for extension is received before the original 15-day period expires.

History

Source: 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:23:13 Accredited herd plan

The requirements of the accredited herd plan for Cervidae are as follows:

(1) Animals to be tested: Testing of herds for accreditation or reaccreditation must include all Cervidae and all other hoof stock over six months of age and animals under six months of age that are not natural additions;

(2) Qualifying standards: To meet the requirements for accredited herd status, the herd must pass at least two consecutive official tests for tuberculosis conducted at 9- to 15-month intervals with no evidence of bovine tuberculosis disclosed. Herds meeting these standards are issued a certificate by the state veterinarian stating the qualifying standards have been met by the herd;

(3) Additions: Herd additions must originate directly from one of the following and have no exposure to cervids from herds of lesser status than the additions' herd of origin:

(a) An accredited herd;

(b) A qualified or monitored herd if the individual animals for addition were negative to an official tuberculosis test conducted within the 90 days preceding entry and are isolated from members of the accredited herd until they prove negative to an official tuberculosis test conducted at least 90 days following entry;

(c) A herd not meeting the requirements of subsection (a) or (b) in this subdivision. The individual animals for addition must be isolated from all other members of the herd of origin and pass two negative official tests for tuberculosis conducted at least 90 days apart, with the second test conducted within the 90 days preceding movement to the premises of the accredited herd. The additions must be kept in isolation from members of the accredited herd until they are negative to an official tuberculosis test conducted at least 90 days following the date of entry to the premises.

Animals added under subsection (b) and (c) of this subdivision may not receive accredited herd status for sale or movement purposes until they are negative on a retest 90 days after entry; and

(4) Reaccreditation: To qualify for reaccreditation, the herd must pass a test within a period between 21 to 27 months after the anniversary date of accreditation. The accreditation period is 36 months (1080 days) from the anniversary date, not 36 months from the date of the reaccreditation test.

History

Source: 21 SDR 162, effective March 23, 1995; 25 SDR 33, effective August 31, 1998; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:23:14 Qualified herd plan

The requirements for the qualified herd plan for Cervidae are as follows:

(1) Animals to be tested. Testing of herds for qualification must include all Cervidae over six months of age and any animals under six months of age that are not natural additions. All natural additions must be individually identified by official eartag and be recorded on the test charts as members of the herd at the time of the herd test;

(2) Qualifying standards: To meet the requirements for qualified herd status, the herd must be administered one official test for tuberculosis with results indicating no evidence of bovine tuberculosis. The qualified herd status remains in effect for 12 months following the qualifying test;

(3) Additions: Individual animals for addition must be isolated from other members of the herd of origin and must have negative results to two official tests for tuberculosis, conducted at least 90 days apart. The second test must be conducted within the 90 days preceding movement to the premises of the monitored herd. The additions must be kept in isolation from all members of the qualified herd until they are negative to an official tuberculosis test conducted at least 90 days following the date of entry to the premises.

History

Source: 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

Chapter 12:68:24 Brucellosis control in cervidae

ARSD 12:68:24:01 Definitions

As used in this chapter:

(1) "Accredited veterinarian" means a veterinarian approved by the Deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture, and the state veterinarian, in accordance with 9 C.F.R. Part 161 (January 1, 2021), to perform functions required by cooperative state-federal animal disease control and eradication programs;

(2) "Adjacent herd" means:

(a) A herd of cervidae, cattle, bison, or other hoofed stock occupying premises that border an affected herd, and includes herds separated by roads or streams; or

(b) A herd of cervidae, cattle, bison, or other hoofed stock, occupying premises that were previously occupied by an infected herd within a certain period of time, as determined by the designated brucellosis epidemiologist;

(3) "Affected cervidae herd" means a cervidae herd in which any animal has been classified as a brucellosis reactor and has not completed the required tests prescribed by this chapter for release from quarantine;

(4) "Area Veterinarian-In-Charge" means an official of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services who is assigned to supervise federal animal health programs in one or more states;

(5) "Approved laboratory" means National Veterinary Service Laboratory, Ames, Iowa, or a laboratory that has demonstrated proficiency satisfactory to the Animal Industry Board by successfully completing proficiency testing conducted by National Veterinary Service Laboratory;

(6) "Area" means that portion of any state, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam that has a separate brucellosis classification, as determined by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services;

(7) "Blood testing" means subjecting a blood sample from a cervidae animal to an official test for brucellosis in an approved laboratory;

(8) "Brucellosis" means an infectious disease of animals and humans caused by Brucella abortus;

(9) "Brucellosis exposed" means a designation applied to cervidae that are either part of an affected herd or for which epidemiologic investigation indicates contact with brucellosis reactors;

(10) "Brucellosis negative" means a designation applied to cervidae for which laboratory test results fail to disclose evidence of Brucellosis;

(11) "Brucellosis reactor" means a designation applied to cervidae diagnosed as positive to Brucella abortus, based on laboratory results, clinical signs, or epidemiologic investigation;

(12) "Brucellosis suspect" means a designation applied to cervidae for which laboratory test results suggest Brucella abortus infection, but are inconclusive;

(13) "Certified brucellosis-free cervidae herd" means a herd of cervidae that has qualified for and has been issued a certified brucellosis-free cervidae herd certificate signed by both the state veterinarian and the area veterinarian-in-charge;

(14) "Cervidae" means deer, elk, moose, caribou, and related species, raised under confinement or agricultural conditions, for the production of meat or other agricultural products, sport, or exhibition;

(15) "Cervidae class status" means a state or area that has been certified as fulfilling the requirements for cervidae class free, or cervidae class A status by the Deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture;

(16) "Cervidae dealer" means any person engaging in the business of buying, selling, trading, or negotiating the transfer of cervidae, but not including a person who purchases cervidae exclusively for slaughter on the person's premises;

(17) "Cervidae herd" means a group of cervidae or one or more groups of cervidae and other hoofed stock, maintained on common ground or under common ownership or supervision that are geographically separated but can have interchange or movement;

(18) "Cervidae herd of origin" means a cervidae herd, or any farm or other premises, where the animals were born or where they are kept for at least four months before the date of shipping, if cervidae or other hoofed stock from other premises have not been assembled on the premises within four months before shipment;

(19) "Cervidae herd test" means an official brucellosis blood test of all eligible animals in a cervidae herd;

(20) "Certificate of veterinary inspection" means an official document issued by the state veterinarian, a federal animal health official, or an accredited veterinarian, at the point of origin, and containing information on the individual identification of the animals, the number of animals, the purpose of the movement, the points of origin and destination, the consignor, and the consignee;

(21) "Chief staff veterinarian" means the chief staff veterinarian of the Cattle Diseases and Surveillance Staff, Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture, who is responsible for staff support of federal activities associated with the Cooperative State-Federal Cervidae Brucellosis Eradication Program;

(22) "Designated brucellosis epidemiologist" means a state or federal veterinarian who has demonstrated the knowledge and ability to perform the functions required under these rules and who has been selected by the state veterinarian and the area veterinarian-in-charge;

(23) "Eligible animal" means any cervidae twelve months of age or older;

(24) "First point of concentration" means livestock markets, buying stations, dealers' premises, or assembly points, receiving animals directly from farms;

(25) "Individual herd plan" means a written herd management and testing plan that is designed by the herd owner, the owner's veterinarian if requested, and a state or federal veterinarian, to identify and eradicate brucellosis from an infected or adjacent herd;

(26) "Official cervidae identification" means identification of cervidae by an official identification number, as defined in 9 C.F.R. § 86.1 (January 1, 2021), and one additional form of visible individual identification, such as a registration tattoo, other official eartag, or a management tag applied by the person possessing the animal and approved by the board;

(27) "Permit" means an official document that is issued by the state veterinarian, the area veterinarian-in-charge, or an accredited veterinarian, for movement of reactor, suspect, and exposed animals;

(28) "Quarantine" means an imposed restriction prohibiting movement of brucellosis reactor, suspect, or exposed animals to any location without specific written permits;

(29) "Quarantined area" means an area that does not meet the criteria for classification as cervidae class free or cervidae class A, as defined by the Animal and Plant Health Inspection Service of the United States Department of Agriculture; and

(30) "State" means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or Guam.

History

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 43 SDR 41, effective September 26, 2016; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:02 Supervision of the Cervidae brucellosis eradication program

The state veterinarian shall provide routine supervision of the Cervidae brucellosis eradication program.

History

Source: 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:03 Brucellosis herd testing procedures

Brucellosis herd testing procedures.** Cervidae herd testing procedures shall include:

(1) Initial herd tests of cervidae herd of origin, adjacent herds, or suspicious herds identified by epidemiologic investigation and administered to sexually intact animals twelve months of age and older;

(2) Affected cervidae herd tests administered to sexually intact animals six months of age and older;

(3) Certified brucellosis-free cervidae herd tests administered to animals in the herd twelve months of age or older.

History

Source: 21 SDR 162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:04 Official cervidae tests

Official cervidae tests for brucellosis are:

(1) Buffered acidified plate antigen (BAPA);

(2) Standard plate agglutination;

(3) Standard tube agglutination;

(4) Rivanol;

(5) Complement fixation;

(6) Fluorescent polarization; and

(7) Card.

Cross-Reference: 9 C.F.R., § 78.1, January 1, 2021.

History

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:05 Interpretation of cervid tests

Only a designated brucellosis epidemiologist may officially classify a cervid as negative, suspect, or reactor based on results of an official cervid test.

History

Source: 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:06 Other diagnostic tests

In addition to the tests in § 12:68:24:04, cervid infection with Brucella may also be identified or confirmed by bacteriologic cultivation and isolation of Brucella abortus from tissues, secretions, or excretions.

History

Source: 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:07 Investigation of brucellosis suspect cervidae herds

Investigation of** brucellosis suspect cervidae herds. All herds of origin of reactors must be investigated. If investigation suggests infection, the herd must be quarantined. All adjacent herds and herds having contact with an affected herd must be investigated.

History

Source: 21 SDR 162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:08 Procedures in affected herds

When reactors are discovered in a cervid herd and removed, retesting of the affected herd will be conducted at 30-day intervals.

Two negative herd tests are required for release from quarantine. The first test must occur more than 30 days after the last reactor is removed. The second test must occur more than 180 days after the last reactor is removed and at least 90 days after the first negative test. A post-quarantine test must take place 6 to 12 months after release from quarantine.

History

Source: 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:09 Herd plan

The herd owner, the owner's veterinarian if requested, and the state veterinarian shall develop a plan for eradicating brucellosis in each affected herd. The plan must be designed to reduce and then eliminate brucellosis within the herd, to prevent spread of the disease to other herds, and to prevent reintroduction of brucellosis after the herd is free of the disease. The herd plan must be developed and signed within thirty days after a determination that the herd is affected.

The herd plan must address herd management, testing, and isolation of females during calving, as well as cleaning and disinfection of the premises. The plan must be formalized as a memorandum of agreement between the owner and program officials and must be approved by the designated brucellosis epidemiologist.

History

Source: 21 SDR 162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:10 Retesting reactors

The owner may request an additional blood test on reactors, at the owner's expense, within three days after being notified of the initial blood test results. The sample must be collected and submitted to the laboratory that conducted the initial test by a representative of the state veterinarian. All unneutered animals must remain under herd quarantine until retest results are classified.

History

Source: 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:11 Identification requirements

Reactors must remain on the premises where they are found until they are identified by an official eartag.

Suspect and exposed animals must remain on the premises where they are found until they are identified by an official eartag.

History

Source: 21 SDR 162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:12 Movement from first point of concentration

Reactors may be returned from the first point of concentration to the herd of origin, under permit and quarantine, for retesting and evaluation after they are identified by an official eartag placed in the right ear or must move directly to slaughter under permit.

Suspects may be returned to the herd of origin, under permit and quarantine, for retesting and evaluation after they are identified by an official eartag in the right ear or must move directly to slaughter under permit.

Exposed animals may be returned to the herd of origin, under permit and quarantine, for testing or retesting and evaluation after they are identified by an official eartag in the right ear or must move directly to slaughter under permit.

History

Source: 21 SDR 162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:13 Repealed

Cleaning and disinfecting.** Repealed.

History

Source: 21 SDR 162, effective March 23, 1995; 45 SDR 82, effective December 11, 2018.

ARSD 12:68:24:14 Qualifying methods for certified brucellosis-free cervid herds

Certified brucellosis-free cervid herd status must include all Cervidae under common ownership. They cannot be commingled with other species that are not certified. A herd may qualify for status as a certified brucellosis-free cervid herd by complete herd testing or purchase as follows:

(1) Complete cervid herd test: For initial certification all animals in the herd over 12 months of age must have two negative tests 9 to 15 months apart;

(2) Purchasing a certified brucellosis-free cervid herd: A herd test is not required if the purchased animals remain on the same premises. Upon request and with proof of purchase the board shall issue a new certificate in the new owner's name. The anniversary date and the herd number remain the same; or if part or all of the purchased herd is moved directly to premises that have no other Cervidae, the herd may retain certified free status without a test. The Board shall issue a new certification number. The anniversary date of the new herd is the test date of the most recent herd test.

History

Source: 21 SDR 162, effective March 23, 1995; 27 SDR 96, effective April 1, 2001.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:15 Recertification of brucellosis-free cervid herds

A herd is certified for 36 months. For continuous certification all animals in the herd must have a negative test between 33 and 39 months after the last certification date.

If suspects or reactors are found on recertification testing, certification status is terminated and a herd investigation shall be initiated.

History

Source: 21 SDR 162, effective March 23, 1995; 23 SDR 122, effective February 5, 1997; 25 SDR 33, effective August 31, 1998; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:16 Movement into a certified brucellosis-free cervidae herd

Movement into a certified brucellosis-free cervid** ae herd. Animals originating from certified brucellosis-free cervidae herds and moving into a certified brucellosis-free cervidae herd need not be tested before movement.

Animals purchased from herds not certified brucellosis-free for movement into certified brucellosis-free cervidae herds may not be certified until both of the following blood tests have been completed:

(1) Within 30 days before movement from the herd of origin; and

(2) One annual recertification test or the imported animals have been included in a recertification test of the certified herd entered.

History

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

ARSD 12:68:24:17 Recognition of certified brucellosis-free cervid herds

The state veterinarian shall issue a brucellosis-free cervid herd certificate when the herd first qualifies. For recertification, the state veterinarian shall issue a renewal form.

History

Source: 21 SDR 162, effective March 23, 1995.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

Chapter 12:68:25 Chronic wasting disease in cervidae

ARSD 12:68:25:01 Definitions

As used in this chapter:

(2) "Adjacent herd" means a herd of cervidae occupying premises that border an affected herd, and herds separated by roads or streams; or a herd of cervidae occupying premises that were previously occupied by an affected herd within the past five years, as determined by the designated epidemiologist;

(3) "Affected cervidae herd" means a cervidae herd from which any animal has been diagnosed as affected with chronic wasting disease and which is not in compliance with the provisions of the control program for chronic wasting disease as described in this chapter;

(4) "Approved laboratory" means the National Veterinary Service Laboratory, Ames, Iowa, or laboratories accredited by the American Association of Veterinary Laboratory Diagnosticians;

(5) "Certified chronic wasting disease cervidae herd" means a herd of cervidae that has qualified for and has been issued a certified chronic wasting disease cervidae herd certificate signed by the state veterinarian;

(6) "Cervidae" means deer, elk, moose, caribou, reindeer, and related species and their hybrids;

(7) "Cervidae herd" means a group of cervidae or one or more groups of cervidae maintained on common ground or under common ownership or supervision that are geographically separated but can have interchange or movement;

(8) "Cervidae herd of origin" means a cervidae herd, or any farm or other premises, where the animals were born or where they are kept for at least one year before the date of shipping, if cervidae from other premises have not been on the premises within one year before shipment;

(9) "Certificate of veterinary inspection" means an official document issued by the state veterinarian, a federal animal health official, or an accredited veterinarian, at the point of origin, and containing information on the individual identification of the animals, the number of animals, the purpose of the movement, the points of origin and destination, the consignor, the consignee, and any other information required by the state animal health official for importation or translocation;

(10) "Chronic wasting disease" means a transmissible spongiform encephalopathy of cervidae;

(11) "Designated epidemiologist" means a state or federal veterinarian who has demonstrated the knowledge and ability to perform the functions required under this chapter and who has been selected by the state veterinarian;

(12) “Exposed” means a designation applied to cervidae that are either part of an affected herd or for which epidemiological investigation indicates contact with chronic wasting disease affected animals or contact with animals from a chronic wasting disease affected herd in the past five years;

(13) "Herd plan" means a written herd management and testing plan that is designed by the herd owner, the owner's veterinarian if requested, and a designated epidemiologist to identify and eradicate chronic wasting disease from an affected, exposed, or adjacent herd;

(14) "Monitored chronic wasting disease cervidae herd" means a herd of cervidae that is in compliance with the voluntary chronic wasting disease certification program, as defined in this section. A monitored herd must be defined as one-year, two-year, three-year, and four-year-monitored, in accordance with the time in years the herd has been in compliance with the voluntary chronic wasting disease certification program;

(15) "Official cervidae identification" means an identification eartag that conforms to the official animal identification, as defined in 9 C.F.R. Part 55 (January 1, 2021);

(16) "Permit" means an official document that is issued by the state veterinarian, area veterinarian-in-charge, or an accredited veterinarian for movement of affected, suspect, and exposed animals;

(17) "Quarantine" means an imposed restriction prohibiting movement of cervidae to any location without specific written permits;

(18) "State" means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or Guam;

(19) "Traceback" means the process of identifying the herd of origin of positive animals, including herds that were sold for slaughter;

(20) "Traceforward" means the process of epidemiologically identifying the movement of chronic wasting disease exposed animals; and

(21) "Voluntary chronic wasting disease herd certification program" means a voluntary chronic wasting disease surveillance program that recognizes herds as low risk for chronic wasting disease by complying with the voluntary chronic wasting disease herd certification program surveillance procedures.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998; 29 SDR 29, effective September 4, 2002; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 38 SDR 214, effective June 21, 2012; 43 SDR 41, effective September 26, 2016; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:02 Supervision of the cervidae CWD program

The state veterinarian shall provide routine supervision of the cervidae CWD control program.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:03 Voluntary CWD herd certification program surveillance procedures

Cervid herd owners may choose to participate in the voluntary chronic wasting disease herd certification program (VCWDHCP). The following surveillance procedures are required of herd owners seeking certification:

(1) Brain tissue and regional lymph nodes, as directed by the state veterinarian, shall be submitted for all captive cervidae 12 months of age and older that have died for any reason including by slaughter, hunting, illness, and injury;

(2) Herds that have obtained certified CWD status are exempt from subdivision (1), but owners must submit samples from any cervidae 12 months of age and older that have died of natural causes, including illness and injury. If required samples are not collected, the state veterinarian shall determine compliance with the surveillance program.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998; 29 SDR 29, effective September 4, 2002; 34 SDR 100, effective October 22, 2007; 38 SDR 214, effective June 21, 2012.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:04 Official cervid tests

Official cervid tests for CWD are:

(1) Histopathology;

(2) Immunohistochemistry;

(3) Western blot;

(4) Negative stain electron microscopy;

(5) Bioassy; and

(6) Any other tests performed by an official laboratory to confirm a diagnosis of CWD.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:05 Investigation of cervid CWD afffected animals

Investigation of cervid CWD affected animals.** Traceback shall be performed for all animals diagnosed as affected with CWD at an official laboratory. All herds of origin and all adjacent herds and herds having contact with affected animals as determined by the state veterinarian shall be investigated epidemiologically. All herds of origin, adjacent herds, and herds having contact with affected animals or exposed animals shall be quarantined.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998; 38 SDR 214, effective June 21, 2012.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:06 Repealed

Duration of quarantine.** Repealed.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998; repealed, 38 SDR 214, effective June 21, 2012.

ARSD 12:68:25:07 Herd plan

The herd owner and the designated epidemiologist shall develop a plan for eradicating CWD in each affected herd. The herd owner may request the participation of a veterinarian in the development of the plan. The plan shall be designed to reduce and then eliminate CWD within the herd, to prevent spread of the disease to other herds, and to prevent reintroduction of CWD after the herd becomes a certified CWD cervid herd. The herd plan shall be developed and signed within sixty days after the determination that the herd is affected.

The herd plan shall address herd management and adherence to all provisions of this chapter. The plan shall be formalized as a memorandum of agreement between the owner and program officials, shall be approved by the state veterinarian, and shall include plans to obtain certified CWD cervid status.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:08 Identification and disposal requirements

Affected and exposed animals shall remain on the premises where they are found until they are identified and disposed of in accordance with direction from the state veterinarian.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:09 Cleaning and disinfecting

Premises shall be cleaned and disinfected under state or federal supervision within fifteen days after affected animals have been removed.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:10 Methods for obtaining certified CWD cervid herd status

Certified CWD cervid herd status must include all cervidae in the cervid herd. They may not be commingled with other cervids that are not certified. A herd may qualify for status as a certified CWD cervid herd as follows:

(1) Purchasing a certified CWD cervid herd: Upon request and with proof of purchase the board shall issue a new certificate in the new owner's name. The anniversary date and the herd number remain the same. If part or all of the purchased herd is moved directly to premises that have no other cervidae, the herd may retain certified CWD status, and the board shall issue a new certification number. The anniversary date of the new herd is the date of the most recent herd certification status certificate;

(2) Upon request and with proof by records, a herd owner shall be issued a certified CWD cervid herd certificate by complying with the voluntary CWD herd certification program surveillance procedures as defined in § 12:68:25:03 for a period of five years.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998; 38 SDR 214, effective June 21, 2012.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:11 Recertification of certified CWD cervid herds

A herd is certified for twelve months. For continuous certification, adherence to the provisions in this chapter and all other state laws and rules pertaining to raising cervids is required. A herd's certification status is immediately terminated and a herd investigation shall be initiated if CWD affected or exposed animals are determined to be from the herd.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:12 Movement into a certified CWD cervid herd

Animals originating from certified CWD cervid herds may move into another certified CWD cervid herd. Animals originating from herds not certified CWD cervid herds for movement into certified CWD cervid herds may not be certified until they remain in the certified CWD cervid herd for five years. Animals originating from CWD monitored herds cannot be certified until the combination of the CWD monitored status and the years present in the certified CWD herd totals five years.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:13 Movement into a monitored CWD cervid herd

Animals originating from a monitored CWD cervid herd may move into another monitored CWD cervid herd of the same status. Animals originating from a herd with a CWD herd status less than the receiving herd will reduce the CWD herd status of the receiving herd to the status of the herd of the moved animals.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998; 29 SDR 29, effective September 4, 2002; 38 SDR 214, effective June 21, 2012.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:14 Recognition of monitored CWD cervid herds

The state veterinarian shall issue a monitored CWD cervid herd certificate indicating CWD monitored herd status as CWD monitored one, or CWD monitored two, or CWD monitored three, or CWD monitored four; according to the number of years the herd has qualified for such status.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:15 Recognition of certified CWD cervid herds

The state veterinarian shall issue a certified CWD cervid herd certificate when the herd first qualifies. For recertification, the state veterinarian shall issue a renewal form annually.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:16 Intrastate movement requirements

All intrastate movements of cervidae other than to a state or federally inspected slaughter establishment must be accompanied by an intrastate movement certificate of veterinary inspection signed by a licensed, accredited veterinarian. The intrastate movement certificate of veterinary inspection must include the following:

(1) Consignor's name, address, and animal industry board issued permit number;

(2) Consignee's name, address, and animal industry board issued permit number; and

(3) The permit number to ship requested by the veterinarian signing the certificate of veterinary inspection and issued by the state veterinarian before movement and one of the following statements:

(a) "All cervidae identified on this certificate of veterinary inspection are offspring from or originate from a herd in which all cervidae have been kept for at least one year or into which they were born. There has been no exposure to or additions from any other source in the past year. There have been no diagnosis, signs, or epidemiologic evidence of CWD in this herd for the past year. Records and causes of death for the past year in this herd of origin are available to the state veterinarian;" or

(b) "All cervidae identified on this certificate of veterinary inspection originate from a herd with the stated monitored status"; or

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998; 38 SDR 214, effective June 21, 2012; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:17 Import requirements

All cervidae entering South Dakota must be accompanied by a certificate of veterinary inspection and an entry permit number requested by the licensed, accredited veterinarian signing the certificate of veterinary inspection and issued by the state veterinarian before movement. One of the following statements must appear on the certificate of veterinary inspection:

(1) "All cervidae identified on this certificate of veterinary inspection originate from a herd in which all cervidae have been kept for at least three years or into which they were born. There have been no exposure to or additions from any other source in the past three years. There have been no diagnosis, signs, or epidemiologic evidence of CWD in this herd for the past three years. Records and causes of death for the past three years in this herd of origin are available to the animal health official of the state of origin"; or

(2) "All cervidae identified on this certificate of veterinary inspection originate from a herd which has been determined to have the stated monitored status by the animal health official of the State of South Dakota"; or

(3) "All cervidae identified on this certificate of veterinary inspection originate from a herd which has been determined to have certified CWD cervid herd status by the animal health official of the State of South Dakota."

All certificates of veterinary inspection also must have the following statement with the signature of the cervid owner attesting validity. "No animal has ever originated from, or been a member of a herd, where CWD has been diagnosed, or been a member of a CWD traceback or traceforward herd in the past five years."

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998; 29 SDR 29, effective September 4, 2002; 34 SDR 100, effective October 22, 2007; 38 SDR 214, effective June 21, 2012; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

ARSD 12:68:25:18 CWD control in free roaming cervids

The Animal Industry Board in consultation with the Department of Game, Fish and Parks shall adopt a memorandum of understanding concerning the surveillance and control of CWD in free roaming wildlife in the state.

History

Source: SL 1998, ch 250, § 2, effective February 5, 1998.
General Authority: SDCL 40-5-8.6.
Law Implemented: SDCL 40-5-8.6.

Chapter 12:68:26 Johne's disease control

ARSD 12:68:26:01 Definitions

Terms used in this chapter mean:

(1) "Herd," all cattle under common ownership or supervision that are grouped on one or more parts of any single premises (lot, farm, ranch); or all cattle on two or more premises geographically separated but on which cattle have been interchanged or where there has been contact between the premises. Contact of animals between separated premises under common management is assumed to have occurred unless otherwise established by the herd owner or manager;

(2) "Johne's disease," an infectious bacterial disease of ruminants caused by Mycobacterium avium subspecies paratuberculosis ;

(3) "Johne's disease herd management plan and risk assessment," a written plan for a herd that addresses herd history, risks of introducing or spreading Johne's disease, methods of managing risks, diagnostic strategies, goals and objectives for controlling or eliminating Johne's disease, and monitoring the success of controlling or eliminating Johne's disease from the herd;

(4) "M. avium paratuberculosis -detection test," any test sufficiently sensitive and specific for detection of M. paratuberculosis in a bovine fecal sample;

(5) "Program," methods outlined in "Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program," USDA, APHIS, September 1, 2010;

(6) "Serum antibody test," any test sufficiently sensitive and specific for detection of antibodies to M. avium paratuberculosis in bovine serum;

(7) "Sufficiently sensitive and specific," will be on the basis of results of performance of a check test and proficiency standards set by the program.

Reference: "Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program" APHIS 91-45-016, September 1, 2010, published by Animal and Plant Health Inspection Service, U.S. Department of Agriculture. Copies may be obtained at no charge from the South Dakota Animal Industry Board, 411 S. Fort Street, Pierre, South Dakota 57501.

History

Source: 27 SDR 96, effective April 1, 2001; 29 SDR 152, effective May 21, 2003; 34 SDR 100, effective October 22, 2007; 44 SDR 47, effective September 18, 2017.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-5-8.6.

ARSD 12:68:26:02 Methods of Johne's disease control

In carrying out Johne's disease control activities in South Dakota the board shall employ methods outlined in "Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program," USDA, APHIS, September 1, 2010.

References: "Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program," APHIS 91-45-016, September 1, 2010, published by Animal and Plant Health Inspection Service, U.S. Department of Agriculture. Copies may be obtained at no charge from the South Dakota Animal Industry Board, 411 S. Fort Street, Pierre, South Dakota 57501.

History

Source: 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 44 SDR 47, effective September 18, 2017.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-5-8.6.

ARSD 12:68:26:03 Testing

Herd owners may voluntarily contact the board and request assistance for costs associated with testing for Johne's disease. The board may, to the extent funding is authorized, provide assistance for costs associated with the testing if the herd owner signs and complies with a Johne's disease herd management plan and risk assessment for the herd as approved by the state veterinarian.

History

Source: 27 SDR 96, effective April 1, 2001; 29 SDR 152, effective May 21, 2003.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-5-8.6.

ARSD 12:68:26:04 Herd status

Herd owners may apply to the board for voluntary herd status classification as described in "Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program," USDA, APHIS, September 1, 2010. The board may assign and certify the status applied for by the herd owner if the conditions for such status as described in the reference have been met.

History

Source: 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; 44 SDR 47, effective September 18, 2017.
General Authority: SDCL 40-3-9, 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-5-8.6.

ARSD 12:68:26:05 Repealed

Assistance with testing, herd management plan, and risk assessment.** Repealed.

History

Source: 27 SDR 96, effective April 1, 2001; 29 SDR 152, effective May 21, 2003; 34 SDR 100, effective October 22, 2007; 44 SDR 47, effective September 18, 2017.

Chapter 12:68:27 Trichomoniasis control

ARSD 12:68:27:01 Importation requirements for bulls

Any bull entering South Dakota must meet the following import requirements for trichomoniasis control:

(1) The bull must be accompanied by a certificate of veterinary inspection as defined in SDCL 40-14-2; and

(2) The following statement must be on the certificate of veterinary inspection: "The bull(s) identified on this certificate of veterinary inspection have been tested and found to be negative for trichomoniasis by testing conducted by a laboratory accredited by the American Association of Veterinary Laboratory Diagnosticians." The testing must be by methods approved by the board and may be by isolation of the organism or polymerase chain reaction (PCR).

History

Source: 31 SDR 191, effective June 6, 2005; 34 SDR 100, effective October 22, 2007; 43 SDR 41, effective September 26, 2016.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.

ARSD 12:68:27:02 Exemptions to the importation requirements of § 12:68:27:01

The following bulls entering South Dakota are exempt from the provisions of § 12:68:27:01 providing such exemption qualifications are stated on the official certificate of veterinary inspection:

(1) Virgin bulls;

(2) Bulls imported to South Dakota for feeding or slaughter only;

(3) Bulls imported to South Dakota to be held in confined dairies as determined by the board;

(4) Bulls imported for exhibition or rodeo purposes and held in confined facilities to prevent breeding as determined by the board; and

(5) Bulls imported as part of seasonal grazing operations and not changing ownership as determined by the board, following a risk assessment.

History

Source: 31 SDR 191, effective June 6, 2005.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.

ARSD 12:68:27:03 Intrastate trichomoniasis testing requirements for bulls

Thefollowing intrastate trichomoniasis testing requirements apply to bulls:

(1) Any owner or operator adjacent to or exposed to a herd that has confirmed trichomoniasis shall test any animals in the herd as directed by the board. The board may quarantine the entire herd until the testing has been completed to the satisfaction of the board;

(2) Any nonvirgin bull sold, loaned, or leased in South Dakota for breeding purposes must be tested negative for trichomoniasis by testing conducted by a laboratory accredited by The American Association of Veterinary Laboratory Diagnosticians. The testing must be by methods approved by the board and may be by isolation of the organism or polymerase chain reaction (PCR);

(3) Any bull sold, loaned, or leased for the purposes of feeding, slaughter, use in confined dairies, rodeos, or exhibitions is exempt from the requirements of subdivision (2) of this section. The board shall determine eligibility for any such exemption.

History

Source: 31 SDR 191, effective June 6, 2005; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.

ARSD 12:68:27:04 Trichomoniasis control requirements for females

No nonvirgin and nonpregnant female cattle may be imported, loaned, leased, nor acquired for breeding purposes in South Dakota. However, nonvirgin and nonpregnant female cattle registered with a breed registry, or to be used in confined dairy operations, may be exempt from the provisions of this section as determined by the board. Nonvirgin and nonpregnant female cattle, each accompanied by its own offspring and prior to rebreeding are exempt from the provisions of this section. Nonvirgin nonpregnant female cattle used in embryo transplant operations may be exempted from this section based upon a risk assessment by the board.

History

Source: 31 SDR 191, effective June 6, 2005; 34 SDR 100, effective October 22, 2007.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.

Chapter 12:68:28 Scrapie control

ARSD 12:68:28:01 Definitions

As used in this chapter:

(1) "Flock" means all sheep and goats on a premises or multiple premises with movement or exposure of sheep and goats between premises;

(2) "Scrapie" means a nonfebrile, transmissible, insidious degenerative disease affecting the central nervous system of sheep or goats;

(3) "Scrapie eradication program" means the cooperative state-federal program administered by United States Department of Agriculture, Animal and Plant Health Inspection Service, and consistent states, to control and eradicate scrapie, as defined in 9 C.F.R. Part 79 (January 1, 2021);

Reference: Scrapie Program Standards Volume 1: National Scrapie Eradication Program APHIS 91-55-079 Effective April 25, 2019. Copies may be obtained at no charge from the South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501.

History

Source: 31 SDR 191, effective June 6, 2005; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.6.

ARSD 12:68:28:02 State declared scrapie control and eradication area

South Dakota is declared a scrapie control and eradication area and shall implement measures to control and eradicate scrapie consistent with the Scrapie Program Standards Volume 1: National Scrapie Eradication Program and the scrapie eradication program described in 9 C.F.R. Part 79 (January 1, 2021). Sheep producers and any individuals involved in buying, selling, or transporting sheep shall adhere to identification, testing, surveillance, and quarantine requirements to maintain consistent state status, as described in the Scrapie Program Standards Volume 1: National Scrapie Eradication Program.

History

Source: 31 SDR 191, effective June 6, 2005; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.

ARSD 12:68:28:03 Evidence of scrapie found at slaughter

As directed by the state veterinarian and consistent with the Scrapie Program Standards Volume 1: National Scrapie Eradication Program, the owner or agister of any flock of origin associated with sheep and goats showing evidence of scrapie at slaughter shall submit the flock for testing for scrapie within six months from notice to do so by the state veterinarian.

History

Source: 31 SDR 191, effective June 6, 2005; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.

ARSD 12:68:28:04 Transferred

Transferred to § 12:68:29:11.**

ARSD 12:68:28:05 Disposition of sheep and goats with, or at risk of, scrapie

Sheep and goats determined to be infected with scrapie or at risk of scrapie infection may be disposed of only by one of the following methods:

(1) Burning;

(2) Burying;

(3) Alkaline digestion; or

(4) As otherwise prescribed by the state veterinarian.

History

Source: 31 SDR 191, effective June 6, 2005; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.

Chapter 12:68:29 Livestock identification

ARSD 12:68:29:01 Removal of official identification

12 : 68 : 29 : 01 . Removal of official identification. No person other than agents of the board or USDA may intentionally remove any official identification, as defined in subdivision 12:68:01:01(18), from animals in South Dakota. If the board has determined that such official identification has been intentionally removed, the state veterinarian may place a quarantine on the animals, as deemed necessary for disease control. The quarantine shall be released following a determination by the state veterinarian that disease risks are mitigated.

History

Source: 29 SDR 152, effective May 21, 2003; 37 SDR 47, effective September 20, 2010; transferred from § 12:68:03:11, 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-5-8.

ARSD 12:68:29:02 Individual identification of animals tested for tuberculosis and brucellosis

Each animal tested must be officially identified, as defined in 9 C.F.R. § 86.1 (January 1, 2021).

effective September 23, 1991; transferred from § 12:68:04:30, 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.

History

Source: SL 1975, ch 15, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-3-27, 40-3-29.

ARSD 12:68:29:03 Confidentiality of records

12 : 68 : 29 : 03 . Confidentiality of records. Records containing information concerning the identification of livestock shall be confidential and closed to the public, except for records requested by law enforcement officers of the state.

History

Source: 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-29.
Law Implemented: SDCL 40-3-29, 40-3-27.

ARSD 12:68:29:04 Obligation to identify owner or producer of swine

12 : 68 : 29 : 04 . Obligation to identify owner or producer of swine. Each person transporting sows, boars, or stags from a producer or owner to a livestock dealer, livestock market, stockyard commission company, other concentration point, or to a slaughter establishment that is subject to or maintaining a meat inspection service must supply the receiving agent or agency with the name and address of the producer or owner so that the sows, boars, or stags may be identified to the herd of origin.

effective September 23, 1991; transferred from § 12:68:10:01, 45 SDR 82, effective December 11, 2018.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55,
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.

ARSD 12:68:29:05 Obligation to identify sows or boars

Each agent or agency livestock dealer, livestock market operator, stockyard operator, commission company, buying station, operator of any concentration point at which the herd of origin of swine might be lost, and each slaughtering establishment that maintains a meat inspection service or receives sows or boars from a transport agent shall identify the sows or boars brought to it, unless the swine have been previously identified with identification authorized and applied as directed by the board, in accordance with 9 C.F.R. § 78.33 (January 1, 2021). Failure of a previous agent or agency receiving the swine to identify the swine to the herd of origin does not relieve other agents or agencies from identifying them to the herd of origin.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; transferred from § 12:68:10:02, 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.

ARSD 12:68:29:06 Maintenance of swine records

12 : 68 : 29 : 06 . Maintenance of swine records. Each agent or agency identifying swine must maintain, for at least one hundred twenty days, a record specifying the identification used, the date of application, and the name and address of the producer of all swine identified. These records must be made available to the board or its authorized agents at any reasonable time.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; transferred from § 12:68:10:03, 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.

ARSD 12:68:29:07 Identification records for animals in channels of trade

12 : 68 : 29:07 . Identification records for animals in channels of trade. The origin and destination of animals moved or sold within the state must be identified and recorded by a licensed accredited veterinarian at the first concentration point, as follows:

(1) Animals over two years of age that are returned to farms or ranches, including feeding cattle, shall be identified by an official identification or by a brand and if identified by a brand, the animals must be accompanied by a brand release;

(2) Animals that are marketed for immediate slaughter shall be identified by official identification or USDA backtag, except that an official brand release is acceptable identification for lots of animals, of unmixed origin, that are shipped directly to slaughter; and

(3) Animals without individual identification may be moved directly to and maintained in a feedlot under quarantine and under control of the state Animal Industry Board official, provided they are inspected in the feedlot and moved to slaughter under permit at the end of the feeding period.

Cross-Reference: State Brand Board, SDCL 40-18.

History

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 18 SDR 55, effective September 23, 1991; transferred from § 12:68:04:31, 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:29:08 Identification of recreational cattle

All cattle imported to South Dakota for recreational purposes, including rodeo events, roping events, cattle cutting events, cattle penning events, steer wrestling events, and training for such events, must be officially identified by means defined in 9 C.F.R. § 86.1 (January 1, 2021).

History

Source: 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; transferred from § 12:68:04:37, 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14.

ARSD 12:68:29:09 Identification of breeding cattle and bison in intrastate commerce

All cattle or bison, for breeding purposes and over eighteen months of age, must have their official identification recorded when a change of ownership occurs. The official identification must be by official eartag, as defined in 9 C.F.R. § 86.1 (January l, 2021), or by individual animal registration tattoos, if the cattle or bison are registered by breed associations recognized by United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services. Records of identification must be submitted to the board by a licensed and accredited veterinarian on forms provided by the board.

History

Source: 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007; transferred from § 12:68:05:02.02, 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14.
Law Implemented: SDCL 40-3-14, 40-5-8.

ARSD 12:68:29:10 Identification of rams tested for B. ovis

12 : 68 : 29 : 10 . Identification of rams tested for B. ovis . Rams six months old and older imported into this state for purposes other than immediate slaughter must be individually identified by an official identification.

History

Source: 14 SDR 116, effective March 13, 1988; 18 SDR 55, effective September 23, 1991; transferred from § 12:68:19:06, 45 SDR 82, effective December 11, 2018.
General Authority: SDCL40-3-14, 49-5-5.1.
Law Implemented: SDCL 40-5-5.1.

ARSD 12:68:29:11 Scrapie control identification requirements for sheep and goats

Sheep and goats required to be identified in 9 C.F.R. Part 79 (January 1, 2021) must be officially identified, as described in 9 C.F.R. Part 79 (January 1, 2021). Sheep and goats required to be identified before being moved from a premises include:

(1) Breeding sheep and goats intended for use for reproduction;

(2) Sheep and goats for exhibition;

(3) Sheep and goats over 18 months of age;

(4) Sheep and goats exposed to scrapie or at risk of being infected with scrapie as determined by the state veterinarian;

(5) Sheep and goats determined to be suspect or positive for scrapie by test methods described in the Scrapie Program Standards Volume 1: National Scrapie Eradication Program APHIS; and

(6) Sheep and goats from flocks not in compliance with the scrapie eradication program.

Reference: Scrapie Program Standards Volume 1: National Scrapie Eradication Program APHIS 91-55-079 Effective April 25, 2019, published by Animal and Plant Health Inspection Service, United States Department of Agriculture. Copies may be obtained at no charge from the South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501.

History

Source: 31 SDR 191, effective June 6, 2005; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; transferred from § 12:68:28:04, 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-14, 40-3-16, 40-5-8, 40-5-8.2, 40-5-8.6.