40-32-10.4. Suspension of producer's license or permit--Grounds--Sanctions--Court action.
The department may suspend a producer's license or permit upon failure by the holder of the permit to comply with any of the terms of state statute or promulgated rule or for interference with inspection. In addition to the administrative sanctions available to the department pursuant to this chapter and chapters 39-6, 39-7, and 39-8, any licensed or nonlicensed producer who commits any violation of this chapter or chapters 39-6, 39-7, or 39-8, may be assessed a fine, not to exceed five thousand dollars per violation, or may be subject to injunctive and declaratory relief by the circuit court. All fines collected pursuant to this section are subject to S.D. Const., Art. VIII, §3. The department is not required to seek the administrative sanctions available under this section prior to commencing an action in circuit court against an alleged violator of this chapter or chapters 39-6, 39-7, or 39-8.
Source: SDC Supp 1960, §4.1905 as added by SL 1969, ch 8, §4; SL 2010, ch 205, §15.
Structure South Dakota Codified Laws
Title 40 - Animals and Livestock
Chapter 32 - Milk Plants Producers And Distributors
Section 40-32-1 - Purpose of chapter.
Section 40-32-2 - Definition of terms.
Section 40-32-5 - License fees.
Section 40-32-6 - Milk plant license--Contents--Posting.
Section 40-32-7 - Transfer of plant licenses restricted.
Section 40-32-8 - Annual expiration of license.
Section 40-32-9 - Suspension of license for failure to comply with law.
Section 40-32-10.1 - Producer's permit required.
Section 40-32-10.2 - Issuance of producer's permit--Compliance with rules and regulations.
Section 40-32-10.3 - Renewal of producer's permit not required--Transfer of permits.
Section 40-32-10.4 - Suspension of producer's license or permit--Grounds--Sanctions--Court action.
Section 40-32-10.5 - Revocation of producer's permit--Hearing required--Suspension prior to hearing.
Section 40-32-10.6 - Dairy fieldman's service provided by plant.
Section 40-32-10.7 - Dairy fieldman's license required--Application and fee--Expiration.
Section 40-32-10.9 - Revocation of dairy fieldman's license--Hearing required.
Section 40-32-11 - Tester and grader to be maintained in dairy products plant--License required.
Section 40-32-12 - Application for tester and grader's license--Fee--Examination of applicant.
Section 40-32-13 - Licenses for sampling and grading.
Section 40-32-15 - License withheld from applicant not meeting requirements.
Section 40-32-16 - Posting of tester and grader's license.
Section 40-32-18 - Promulgation of rules.
Section 40-32-21 - Exemption of operations otherwise regulated.
Section 40-32-22 - Records and reports to secretary.
Section 40-32-23 - Access of department to premises, vehicles, and records--Taking of samples.
Section 40-32-25 - Inspection service fee for each dairy farm--Raw milk assessment fee.
Section 40-32-26 - Reinspection fee--When assessed.
Section 40-32-27 - Inspection fee for milk plants.
Section 40-32-28 - Penalty for delinquent payments.
Section 40-32-29 - Dairy inspection fund established--Expenditures.
Section 40-32-31 - Cooperation with secretary required--Refusal as misdemeanor.
Section 40-32-32 - Assistance of police in inspection.
Section 40-32-33 - Contraband.
Section 40-32-34 - Seizure or quarantine of contraband--Tagging--Violation as misdemeanor.
Section 40-32-35 - Petition for condemnation of contraband--Hearing--Disposal of contraband.