39-5-38. Seizure and condemnation of articles or animals in violation--Procedure for disposal of articles or animals.
Any carcass, part of a carcass, or meat food product of any livestock or any dying, crippled, or diseased livestock that is being transported in this state, or is held for sale or donation in this state after such transportation, and that:
(1)Is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter; or
(2)Is capable of use as human food and is adulterated or misbranded; or
(3)In any other way is in violation of this chapter,
shall be liable to be proceeded against and seized and condemned, at any time, by an action in the circuit court of South Dakota within the jurisdiction of which the article or animal is found. If the article or animal is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the treasury of this state, but the article or animal shall not be sold contrary to the provisions of this chapter or federal law: Provided, that upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter or federal law, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the secretary of the Animal Industry Board as is necessary to ensure compliance with this chapter. When a decree of condemnation is entered against the article or animal and it is released under bond, or destroyed, court costs and fees, and storage and other expenses shall be awarded against the person, if any, intervening as claimant of the article or animal.
Source: SL 1968, ch 158, ยง19.
Structure South Dakota Codified Laws
Chapter 05 - Meat And Meat Products
Section 39-5-5 - Sign and labeling required for sale of imported meat--Misdemeanor.
Section 39-5-6 - Definition of terms.
Section 39-5-11 - Exemptions from inspection and preparation provisions.
Section 39-5-11.1 - License required for meat processors.
Section 39-5-11.2 - Continuing education for meat processor.
Section 39-5-12 - Withdrawal or denial of exemption by secretary.
Section 39-5-14 - Adulterated carcass, part, or meat food product defined.
Section 39-5-15 - Application for inspection services.
Section 39-5-16 - Ante-mortem inspection of livestock.
Section 39-5-17 - Post-mortem inspection of carcasses and parts--Inspection of meat food products.
Section 39-5-18 - Inspections made by or under supervision of veterinary inspectors.
Section 39-5-19 - Cost of inspection--Rates for overtime, night, and holiday work.
Section 39-5-23.1 - Inhumane slaughtering--Refusal or suspension of inspection.
Section 39-5-23.2 - Humane methods of slaughtering.
Section 39-5-26 - Misbranded carcass, part, or meat food product defined.
Section 39-5-29 - False or misleading marking or labeling or misleading container prohibited.
Section 39-5-31 - Meat processors and related industries subject to regulation by secretary.
Section 39-5-34 - Regulation of dealing in diseased, dying, crippled or dead livestock.
Section 39-5-36 - Records required of all types of meat businesses.
Section 39-5-39 - Prohibited acts.
Section 39-5-39.1 - Sale of diseased carcass for human consumption as felony.
Section 39-5-41 - Principal or employer liable for acts or omissions of agent or employee.
Section 39-5-43 - Circuit court jurisdiction.
Section 39-5-44 - Notice of operation of inspection and regulatory provisions.