40-1-17. Exemptions from chapters 40-1 and 40-2.
Nothing in this chapter or chapter 40-2 may be construed to interfere with an animal under the direct and proper care of a licensed veterinarian or with persons engaged in standard and accepted agricultural pursuits or animal husbandry practices.
In addition, the following are exempt from the provisions of this chapter and chapter 40-2:
(1)Any usual and customary practice;
(a)In the production of food, feed, or fiber, including all aspects of the livestock industry;
(b)In the boarding, breeding, competition, exhibition, feeding, raising, service work, showing, training, transportation, and use of animals; or
(c)In the harvesting of animals for food or byproducts;
(2)Any humane killing of an animal;
(3)Any lawful hunting, trapping, fishing, or other activity authorized by the South Dakota Department of Game, Fish and Parks;
(4)Any lawful pest, vermin, predator, and animal damage control, including the disposition of wild animals;
(5)Any reasonable action taken by a person for the destruction or control of an animal known to be dangerous, a threat, or injurious to life, limb, or property; and
(6)Any actions taken by personnel or agents of the board, the Department of Agriculture and Natural Resources, Department of Game, Fish and Parks, or the United States Department of Agriculture in the performance of duties as prescribed by law.
Source: SDC 1939, §40.2211; SL 1991, ch 331, §30; SL 2014, ch 194, §15; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 40 - Animals and Livestock
Chapter 01 - Cruelty Abuse And Injury To Animals
Section 40-1-1 - Definition of terms.
Section 40-1-2.3 - Neglect, abandonment, or mistreatment of animal--Misdemeanor.
Section 40-1-2.4 - Cruelty to animals--Felony.
Section 40-1-5.1 - Liability of owner or caretaker for impounded animal.
Section 40-1-11 - Entry by officer of place where animal fight conducted--Arrest of persons present.
Section 40-1-11.1 - Seizure of fighting animals and related paraphernalia--Disposition.
Section 40-1-14 - Corporate responsibility for knowledge and acts of agents.
Section 40-1-16 - Regulated scientific experiments permitted--Inspection.
Section 40-1-17 - Exemptions from chapters 40-1 and 40-2.
Section 40-1-20 - Intentionally poisoning animal of another--Misdemeanor--Exceptions.
Section 40-1-28 - Inspection of premises authorized.
Section 40-1-29 - Investigation procedure.
Section 40-1-30 - Records of complaints--Public inspection.
Section 40-1-31 - Liability of officer or agent.
Section 40-1-32 - Liability of parent or guardian for violation by minor.
Section 40-1-34 - Disposition of impounded animals.
Section 40-1-35 - Contract to enforce livestock provisions.
Section 40-1-37 - Use of weapons or tranquilizing agents to control dangerous animals.
Section 40-1-38 - Harassment of service animal accompanying disabled person prohibited.
Section 40-1-39 - Rebuttable presumption of maliciousness.
Section 40-1-40 - Harassment defined--Malicious act defined.