S.D. Codified Laws § 39-5-45 — SD Code / Title 39 / Chapter 5 / Section 39-5-45
Severability of chapter
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this chapter, and of the application of such provisions to other persons and circumstances shall not be affected thereby.

Source: SL 1968, ch 158, § 27.
S.D. Codified Laws § 39-8-13 — SD Code / Title 39 / Chapter 8 / Section 39-8-13
Manufacture, sale, or possession of adulterated or misbranded dessert or mix as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to manufacture, freeze, sell, offer or expose for sale, or have in possession with intent to sell, any frozen dessert or mix which is adulterated or misbranded.

Source: SL 1937, ch 198, § 10; SDC 1939, § 22.0611; SL 1947, ch 95, § 3; SL 1965, ch 104, § 8; SL 1977, ch 190, § 372.
S.D. Codified Laws § 39-5-56 — SD Code / Title 39 / Chapter 5 / Section 39-5-56
Direct-to-consumer sales permitted--Conditions
Status: in_force

Except as prohibited by federal law and subject to SL 2026, ch 168, § 2, and notwithstanding any other provision of this chapter, a producer may sell meat or meat food products from cattle, sheep, swine, or goats, which were raised by the producer and slaughtered at a custom exempt plant, if:

(1) The meat or meat food product is produced from an animal that was raised by the producer for at least ninety days, slaughtered, and processed in this state;

(2) The meat or meat food product is sold personally by the seller, directly to an end consumer in this state, at:

(a) The seller's primary residence;

(b) A farmer's market;

(c) A roadside stand; or

(d) Another temporary sale venue; and

(3) A label is affixed to the meat or meat food product packaging at the time of sale stating that:

(a) The meat or meat food product has not been inspected and is not regulated; and

(b) The consumer agrees not to sell, donate, or commercially redistribute the meat or meat food product.

Commission Note: This section becomes effective, per SL 2026, ch 168, § 2, "on the date that the attorney general certifies to code counsel that the sale of any meat or meat food product, in accordance with [SDCL 39-5-56 ], is legalized under federal law. Legalization under federal law consists of either the passage of a federal law that allows direct‑to‑consumer sales of uninspected meat or meat food products or the issuance of a final decision, by a federal court with jurisdiction over this state, which declares that the federal prohibition on direct‑to‑consumer sales is unconstitutional or otherwise invalid."

Source: SL 2026, ch 168, § 1.
S.D. Codified Laws § 39-4-26 — SD Code / Title 39 / Chapter 4 / Section 39-4-26
Misbranding as meat food product, meat by-product, or poultry
Status: in_force

A food product shall be deemed to be misbranded if the product is labeled or branded in a false, deceptive, or misleading manner that intentionally misrepresents the product as a meat food product as defined in § 39-5-6 , a meat by-product as defined in § 39-5-6 , or as poultry.

For the purposes of this title, the term, poultry, includes anything containing meat intended for or capable of use for human consumption, that is derived, in whole or in part, from any domesticated bird intended for human consumption.

For the purposes of this section, an intentional violation occurs when the party committing the violation knew or should have known that the conduct was a violation of this section.

Source: SL 2019, ch 181, § 1.
S.D. Codified Laws § 39-14-40.1 — SD Code / Title 39 / Chapter 14 / Section 39-14-40.1
Commercial feed license--Requirements--Fees--Application and renewal
Status: in_force

No person who manufactures a commercial feed within the state, or whose name appears on the label of a commercial feed as guarantor, may distribute a commercial feed in the state without first obtaining a commercial feed license from the secretary on forms provided by the secretary that identify the manufacturer's or guarantor's name, place of business, and location of each manufacturing facility in the state and such other appropriate information necessary for enforcement of this chapter. The fee for a new or renewal license is fifty dollars per in - state location or manufacturer name and location listed on a commercial feed label, except that in the case of in - state manufacturers who manufacture only customer formula feeds, no fee may be collected. Each license expires on the thirty - first of December of the year after the date of issuance. Commercial feed license applications for renewal received after the thirty - first of January of each year shall be assessed a late payment fee equal to the original license fee, which shall be added to the original fee and shall be paid by the applicant before the renewal license is issued.

Source: SL 1993, ch 304, § 10; SL 1994, ch 319; SL 2001, ch 215, § 31.
S.D. Codified Laws § 39-14-58 — SD Code / Title 39 / Chapter 14 / Section 39-14-58
Administration of chapter by secretary of agriculture and natural resources
Status: in_force

This chapter shall be administered by the secretary of agriculture and natural resources of the State of South Dakota, referred to in this chapter as the "secretary."

Source: SL 1929, ch 238, § 13; SDC 1939, § 22.1001; SL 1964, ch 5, § 2; SDCL, § 39-14-2; SL 1970, ch 228, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-4-15 — SD Code / Title 39 / Chapter 4 / Section 39-4-15
Exemption of articles marketed under distinctive name--Compounds, imitations, and blends
Status: in_force

An article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:

(1) In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with the statement of the place where said article has been manufactured or produced;

(2) In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word "compound," "imitation," or "blend," as the case may be, together with a statement of the character and constituents thereof, is plainly stated on the package in which it is offered for sale; provided that the term "blend," as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only.

Source: SL 1905, ch 114, § 9; SL 1907, ch 151, § 9; SL 1909, ch 163, § 6; SL 1917, ch 242, § 6; RC 1919, § 7809 (5), (6); SL 1923, ch 193; SDC 1939, § 22.0403 (4).
S.D. Codified Laws § 39-15-11 — SD Code / Title 39 / Chapter 15 / Section 39-15-11
Reliance by dealer on guarantee by distributor--Liability to fines and penalties--Contents of guarantee
Status: in_force

Whenever any dealer shall have received a guaranty, signed by the wholesaler, jobber, manufacturer, or other person, residing within the United States, from whom he purchased the drug, to the effect that the same is not adulterated or misbranded as defined in this chapter, he shall not be liable to prosecution under this chapter unless he shall have knowledge or notice of the falsity of such guaranty, but the person making such guaranty shall be subject to the fines and other penalties which otherwise would attach to such dealer. Such guaranty must contain the name and post - office address of the wholesaler, jobber, manufacturer, or person from whom the drug was purchased.

Source: SL 1909, ch 180, § 5; RC 1919, § 7854; SDC 1939, § 22.1104.
S.D. Codified Laws § 39-11-17 — SD Code / Title 39 / Chapter 11 / Section 39-11-17
Violation as ground for revocation of license--Notice and opportunity for hearing
Status: in_force

The secretary of agriculture and natural resources shall revoke or suspend any license issued pursuant to this chapter on evidence that the licensee has violated any of the provisions of this chapter or regulations promulgated thereunder or has refused to permit inspection or interfered with inspection. No license may be revoked or suspended unless the license holder has been given notice and an opportunity for hearing pursuant to chapter 1-26 .

Source: SL 1949, ch 82, § 6; SDC Supp 1960, § 22.0806; SL 1965, ch 105, § 6; SL 1975, ch 254, § 6; SL 2003, ch 216, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-45 — SD Code / Title 39 / Chapter 18 / Section 39-18-45
Tagging of adulterated or misbranded remedies--Disposal or removal from premises prohibited
Status: in_force

Whenever the secretary of agriculture and natural resources or his authorized agent finds or has reasonable cause to believe an animal remedy is adulterated or misbranded under any of §§ 39-18-18 to 39-18-29 , inclusive, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained and warning all persons not to dispose of such article in any manner until permission is given by the secretary or the court. Any such article may be removed from display by the manufacturer or vendor, but must be left on the premises. No person shall dispose of a detained article in violation of this section.

Source: SL 1966, ch 8, §§ 10 (f), 11 (a); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-6 — SD Code / Title 39 / Chapter 5 / Section 39-5-6
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Animal food manufacturer," any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of livestock;

(2) "Capable for use as human food," any carcass, or part or product of a carcass of any livestock, unless it is denatured or otherwise identified as required by rules promulgated pursuant to chapter 1-26 by the secretary to deter its use as human food, or it is naturally inedible by humans;

(3) "Carcass," any part, including viscera, of any slaughtered livestock, that is capable of being used for human food;

(4) "Custom exempt plant," a person engaged in custom slaughtering and preparation of meat food products for household use by the owner as provided in subdivision 39-5-11(2);

(5) "Federal Meat Inspection Act," the act of Congress approved March 4, 1907, as amended and extended to January 1, 1991 (21 U.S.C.) and the imported meat provisions of subsections 620(b), (c) as amended to January 1, 1991;

(6) "Inedible products renderer," any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of livestock, except rendering conducted under inspection or exemption under this chapter;

(7) "Inspector," an employee or official of this state authorized by the secretary to inspect livestock or carcasses, parts thereof, or meat food products under this chapter;

(8) "Intrastate commerce," commerce wholly within this state;

(9) "Label," a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article;

(10) "Labeling," any label or other written, printed, or graphic matter upon or accompanying any article or any of its containers or wrappers;

(11) "Livestock," cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae as permitted under § 40-3-14 , and other species as requested by the owner and authorized by the secretary;

(12) "Livestock producer," any natural person, partnership, or corporation if over fifty percent of his or its annual income is derived from production of agricultural products and on whose farm the number of livestock is in keeping with the size of the farm or the volume or character of the agricultural products produced thereon;

(13) "Meat," the edible part of the muscle of cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary, which is skeletal or which is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout, or ears;

(14) "Meat broker," any person engaged in the business of buying or selling livestock carcasses, parts thereof, or meat food products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person;

(15) "Meat by - product," any edible part other than meat which has been derived from one or more cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary;

(16) "Meat food products," any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by regulations promulgated by the secretary pursuant to chapter 1-26 , under such conditions as the secretary may deem appropriate to effectuate the purposes of this chapter;

(17) "Meat processing establishment," an official establishment as defined in this section engaged in the preparation or processing of meat food products;

(18) "Official certificate," any certificate prescribed by rules promulgated pursuant to chapter 1-26 by the secretary for issuance by an inspector or other person performing official functions under this chapter;

(19) "Official establishment," any establishment in this state as determined by the secretary at which inspection of the slaughter of livestock or the preparation of livestock carcasses or parts thereof or meat products is maintained under this chapter;

(20) "Official inspection legend," any symbol prescribed by rules promulgated by the secretary pursuant to chapter 1-26 showing that an article was inspected and passed in accordance with this chapter;

(21) "Official mark," the official inspection legend or any other symbol prescribed by rules promulgated by the secretary pursuant to chapter 1-26 to identify the status of any article or animal under this chapter;

(22) "Prepared," slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed;

(23) "Retail dealer," any person engaged in selling carcasses, parts thereof, or meat food products of cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary;

(24) "Retail store meat processor," a person engaged in the retail sale of food for human consumption, the retail sale of meat food products, and in the processing or preparation of meat or meat by - products for retail sale as meat food products;

(25) "Secretary," executive secretary of the South Dakota Animal Industry Board, or any person authorized to act in his stead;

(26) "Slaughtering establishment," an official establishment as defined in this section engaged in the slaughtering of livestock;

(27) "Veterinary inspector," an employee or official of this state, licensed to practice veterinary medicine in this state, and authorized by the secretary to inspect livestock or carcasses, parts thereof, or meat food products under this chapter.

Source: SL 1968, ch 158, § 1; SL 1978, ch 282, § 1; SL 1991, ch 329, § 1; SL 1996, ch 248, § 1.
S.D. Codified Laws § 39-14-72 — SD Code / Title 39 / Chapter 14 / Section 39-14-72
Seizure and disposal of feed in violation--Opportunity to process or relabel
Status: in_force

Any lot of commercial feed not in compliance with any of the provisions of this chapter or with any of the prescribed rules under this chapter shall be subject to seizure on complaint of the secretary of agriculture and natural resources to a court of competent jurisdiction in the area in which the commercial feed is located. If the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. However, in no instance may the disposition of commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.

Source: SL 1964, ch 5, § 11 (b); SDCL, § 39-14-33; SL 1970, ch 228, § 12 (2); SL 1986, ch 326, § 80; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-65 — SD Code / Title 39 / Chapter 14 / Section 39-14-65
Warrant for inspection of premises
Status: in_force

If the owner of any factory, warehouse, or establishment described in § 39-14-63 , or his agent, refuses to admit the secretary of agriculture and natural resources or his agent to inspect in accordance with §§ 39-14-63 and 39-14-64 , the secretary is authorized to obtain from any state court of competent jurisdiction a warrant directing such owner or his agent to submit the premises described in such warrant to inspection.

Source: SL 1970, ch 228, § 11 (4); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-6-15 — SD Code / Title 39 / Chapter 6 / Section 39-6-15
Grounds for suspension and revocation of permit--Opportunity for hearing before revocation
Status: in_force

A permit issued pursuant to § 39-6-10 may be suspended by the secretary of agriculture and natural resources or his duly qualified agent or agents upon failure by the holder of the permit to comply with any of the terms of state law and regulation or for interference with inspection, and may be revoked by the secretary for due cause after the holder of the permit has been given the opportunity for a hearing before the secretary. The secretary shall, upon request of the holder of a permit, fix the time and place of such hearing.

Source: SL 1955, ch 67, § 7; SDC Supp 1960, § 4.2007; SL 1965, ch 7; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-71 — SD Code / Title 39 / Chapter 14 / Section 39-14-71
Order withdrawing feed from distribution--Release on compliance--Condemnation proceedings
Status: in_force

When the secretary of agriculture and natural resources or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed rules under this chapter, he may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the secretary or the court. The secretary shall release the lot of commercial feed so withdrawn when the provisions and rules have been followed. If compliance is not obtained within thirty days, the secretary may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.

Source: SL 1964, ch 5, § 11 (a); SDCL, § 39-14-32; SL 1970, ch 228, § 12 (1); SL 1986, ch 326, § 79; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-50 — SD Code / Title 39 / Chapter 18 / Section 39-18-50
Report for prosecution required for minor violations--Warning notice
Status: in_force

Section 39-18-49 does not require the secretary of agriculture and natural resources to report, for the institution of prosecution under this chapter, minor violations of this chapter if he believes the public interest will be adequately served in the circumstances by a suitable written notice of warning.

Source: SL 1966, ch 8, § 14 (d); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-54 — SD Code / Title 39 / Chapter 14 / Section 39-14-54
Labeling requirements for commercial feed
Status: in_force

A commercial feed, except a customer - formula feed, shall be accompanied by a label bearing the following information:

(1) The net weight;

(2) The product name and the brand name, if any, under which the commercial feed is distributed;

(3) The guaranteed analysis stated in such terms as the secretary of agriculture and natural resources by rule promulgated pursuant to the provisions of chapter 1-26 determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases, the substances or elements must be determinable by laboratory methods from generally recognized sources, such as the methods published by the association of official analytical chemists;

(4) The common or usual name of each ingredient used in the manufacture of the commercial feed. However, the secretary of agriculture and natural resources by rule promulgated pursuant to the provisions of chapter 1-26 may permit the use of a collective term for a group of ingredients which perform a similar function, or he may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers;

(5) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;

(6) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the secretary of agriculture and natural resources may require by rule promulgated pursuant to the provisions of chapter 1-26 as necessary for their safe and effective use; and

(7) Such warning or caution statements as the secretary of agriculture and natural resources by rule promulgated pursuant to the provisions of chapter 1-26 determines are necessary for the safe and effective use of the commercial feed.

Source: SL 1907, ch 153, § 2; SL 1911, ch 238, §§ 3, 7; SL 1913, ch 332, §§ 3, 7; RC 1919, §§ 7893, 7897; SL 1929, ch 238, § 2; SDC 1939, § 22.1003; SL 1945, ch 85; SL 1964, ch 5, § 5 (a); SDCL, § 39-14-12; SL 1970, ch 228, § 5 (1); SL 1986, ch 326, § 73; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-24 — SD Code / Title 39 / Chapter 18 / Section 39-18-24
Distribution under federal license as compliance with branding requirements
Status: in_force

Any animal remedy that is manufactured and distributed under license from and under the supervision of the United States Department of Agriculture, and in compliance with the regulations of such department complies with §§ 39-18-18 to 39-18-23 , inclusive.

Source: SL 1966, ch 8, § 7.
S.D. Codified Laws § 39-7-4.3 — SD Code / Title 39 / Chapter 7 / Section 39-7-4.3
Compliance with federal requirements
Status: in_force

Any artificial dairy product shall comply with the applicable federal requirements set forth in section 403 of the Federal Food, Drug and Cosmetic Act, and Code of Federal Regulations, title 21, sections 101 and 105 as of January 1, 1987.

Source: SL 1987, ch 292, § 7.
S.D. Codified Laws § 39-8-7 — SD Code / Title 39 / Chapter 8 / Section 39-8-7
Containers labeled as to quantity
Status: in_force

All packages and final delivery containers for frozen desserts shall be labeled with the size of the container in terms of pints, quarts, or gallons. All packages containing less than one pint shall be labeled with the volume of the container in terms of net fluid ounces.

Source: SL 1937, ch 198, § 9; SDC 1939, § 22.0609; SL 1965, ch 104, § 4 (a).
S.D. Codified Laws § 39-5-43 — SD Code / Title 39 / Chapter 5 / Section 39-5-43
Circuit court jurisdiction
Status: in_force

The circuit court of South Dakota is hereby vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this chapter and shall have jurisdiction in all other kinds of cases arising under this chapter.

Source: SL 1968, ch 158, § 20.
S.D. Codified Laws § 39-4-19 — SD Code / Title 39 / Chapter 4 / Section 39-4-19
Transportation of adulterated or misbranded foods as misdemeanor
Status: in_force

The transportation or shipment from any point within this state to any other point within this state of any article of food which is adulterated or misbranded, within the meaning of this chapter, is prohibited, and any person who shall ship or transport or deliver for shipment or transportation from any point within this state to any other point within this state, or who shall receive at any point within this state from any other point within this state and having so received shall deliver in original, unbroken packages, or offer to deliver to any person any such article so adulterated or misbranded, or any person selling or keeping for sale, or offering for sale in this state, any such adulterated or misbranded foods, is guilty of a Class 2 misdemeanor.

Source: SL 1909, ch 163, § 2; SL 1911, ch 252, § 1; SL 1917, ch 242, § 2; RC 1919, § 7806; SDC 1939, §§ 22.0407, 22.9905; SL 1977, ch 190, § 361.
S.D. Codified Laws § 39-18-6 — SD Code / Title 39 / Chapter 18 / Section 39-18-6
Label to accompany application--Specimen required--Statement of claims
Status: in_force

A label for any animal remedy shall accompany each application for registration, and, when requested by the secretary of agriculture and natural resources, a representative and true sample or specimen of each animal remedy to be registered shall accompany such application. A statement of claims made or to be made which differ from the label submitted shall be filed with the secretary prior to use.

Source: SL 1929, ch 238, § 5; SDC 1939, § 22.1004; SL 1941, ch 96; SL 1943, ch 87, § 1; SL 1947, ch 97, § 1; SL 1964, ch 6, § 4; SL 1965, ch 9, § 2; SL 1966, ch 8, § 4 (c); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-4-16 — SD Code / Title 39 / Chapter 4 / Section 39-4-16
Disclosure of trade formulas not required
Status: in_force

Nothing in this chapter shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods, which contain no unwholesome ingredients, to disclose their trade formulas, except insofar as the provisions of this chapter, or the rules and regulations of the Division of Commercial Inspection and Licensing may require to secure freedom from adulteration or misbranding.

Source: SL 1907, ch 151, § 35; SL 1909, ch 163, § 6; SL 1917, ch 242, § 6; RC 1919, § 7809 (6); SL 1923, ch 193; SDC 1939, § 22.0403; SL 2004, ch 17, § 289.
S.D. Codified Laws § 39-18-41 — SD Code / Title 39 / Chapter 18 / Section 39-18-41
Refusal of inspection or sample prohibited
Status: in_force

No person shall refuse to permit entry or inspection, or to permit the acquisition of a sample or specimen of an animal remedy, as authorized by §§ 39-18-39 and 39-18-40 .

Source: SL 1966, ch 8, § 10 (e).
S.D. Codified Laws § 39-18-51 — SD Code / Title 39 / Chapter 18 / Section 39-18-51
Prosecution of violations reported--Opportunity to present views before report for prosecution
Status: in_force

Each state, county, or city attorney to whom the secretary of agriculture and natural resources reports any violation of this chapter, shall institute appropriate proceedings in any court of competent jurisdiction without delay. Before any such violation is reported to any such attorney for the institution of criminal proceedings, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the secretary or a designated agent, either orally or in writing, in person or by attorney, with regard to such contemplated proceeding.

Source: SL 1966, ch 8, § 14 (c); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-7-3 — SD Code / Title 39 / Chapter 7 / Section 39-7-3
Compounds and products not subject to chapter
Status: in_force

Notwithstanding § 39-7-2 , the term "artificial dairy product" may not be construed to mean or include:

(1) Any distinctive proprietary food compound not readily mistaken for a dairy product, where such compound is customarily used on the order of a physician and is prepared and designed for medicinal or special dietary use only and is prominently so labeled;

(2) Any dairy product flavored with chocolate or cocoa, or the vitamin content of which has been increased, or both, where the fats or oils other than milk fat contained in such product do not exceed the amount of cacao fat naturally present in the chocolate or cocoa used and the food oil, not in excess of .01 per centum of the weight of the finished product, used as a carrier of such vitamins.

Source: SL 1951, ch 114, § 3; SDC Supp 1960, § 22.05A03; SL 1987, ch 292, § 3.
S.D. Codified Laws § 39-5-24 — SD Code / Title 39 / Chapter 5 / Section 39-5-24
Facilities and sanitary practices of establishments operated in accordance with regulations of secretary--Inspection of carcasses, parts, or meat food products required for admittance into establishment
Status: in_force

Each establishment at which livestock are slaughtered or livestock carcasses or parts thereof or meat food products are prepared solely for intrastate commerce shall have such premises, facilities, and equipment, and be operated in accordance with such sanitary practices, as are required by regulations prescribed by the secretary of the Animal Industry Board for the purpose of preventing the entry into and movement in such commerce of carcasses, parts thereof, and meat food products, which are adulterated. No livestock carcasses, parts thereof, or meat food products shall be admitted into such establishment unless they have been prepared only under inspection pursuant to this chapter or the Federal Wholesome Meat Act or imported in compliance with the latter act.

Source: SL 1968, ch 158, § 4.
S.D. Codified Laws § 39-13-2 — SD Code / Title 39 / Chapter 13 / Section 39-13-2
Products exempt from chapter
Status: in_force

The following are exempt from the provisions of this chapter:

(1) Flavoring extracts for general culinary use;

(2) Milk and products thereof;

(3) Fruit juices and water retailed exclusively by the producer or manufacturer direct to the consumer.

Source: SL 1937, ch 201, § 3; SDC 1939, § 22.0902 (4) to (6); SL 1945, ch 84, § 1.
S.D. Codified Laws § 39-5-34 — SD Code / Title 39 / Chapter 5 / Section 39-5-34
Regulation of dealing in diseased, dying, crippled or dead livestock
Status: in_force

No person engaged in this state in the business of buying, selling, or transporting dead, dying, crippled, or diseased livestock or any parts of the carcasses of any livestock that died otherwise than by slaughter, shall buy, sell, donate, transport, or offer or receive for sale or transportation in this state any such livestock or parts of carcasses, unless such transaction or transportation is made in accordance with such regulations as the secretary of the Animal Industry Board may prescribe to effectuate the purposes of this chapter.

Source: SL 1968, ch 158, § 10.
S.D. Codified Laws § 39-15-3 — SD Code / Title 39 / Chapter 15 / Section 39-15-3
Strength or purity below professed standard deemed adulteration
Status: in_force

For the purposes of this chapter a drug shall be deemed adulterated if its strength or purity falls below the professed standard or quality under which it is sold.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 3; RC 1919, § 7852 (2); SL 1921, ch 238; SDC 1939, § 22.1102 (2).
S.D. Codified Laws § 39-5-22 — SD Code / Title 39 / Chapter 5 / Section 39-5-22
Appeal from condemnation determination--Inspection and costs--Destruction of articles
Status: in_force

If any appeal be taken from a determination under § 39-5-21 , the articles shall be appropriately marked and segregated pending completion of an appeal inspection, which shall be at the cost of the appellant if the secretary of the Animal Industry Board determines that the appeal is frivolous. If the determination of condemnation is sustained, the articles shall be destroyed for human food purposes in accordance with § 39-5-21 .

Source: SL 1968, ch 158, § 3 (e).
S.D. Codified Laws § 39-5-57 — SD Code / Title 39 / Chapter 5 / Section 39-5-57
Product containing cell-cultured protein--Sale, manufacture, or distribution prohibited--Seizure and condemnation--Penalty
Status: in_force

During the period beginning July 1, 2026, and ending June 30, 2031, a person may not sell, manufacture, offer for sale, hold for sale, or distribute in this state any product containing cell-cultured protein.

The Animal Industry Board shall enforce this section using its existing authority, including by seizure and condemnation of products, as provided in § 39-5-38 .

A violation of this section is a Class 2 misdemeanor.

For purposes of this section, "cell-cultured protein" means a product that is produced for use as human food, made wholly or in part from any cell culture or DNA of a host animal, and grown or cultivated outside a live animal. Cell-cultured protein does not include proteins produced through microbial fermentation, enzymatic processing, traditional food cultures, or biotechnology processes used in the manufacture of pharmaceuticals, biologics, vaccines, dietary supplements, enzymes, or medical products, provided those products are not intended to replicate meat or animal tissue for human consumption.

Source: SL 2026, ch 145, § 2.
S.D. Codified Laws § 39-18-53 — SD Code / Title 39 / Chapter 18 / Section 39-18-53
Citation of chapter
Status: in_force

This chapter shall be known as the "South Dakota Animal Remedies Law of 1966."

Source: SL 1966, ch 8, § 1.
S.D. Codified Laws § 39-15-6 — SD Code / Title 39 / Chapter 15 / Section 39-15-6
False label as to place of origin as misbranding
Status: in_force

For the purposes of this chapter a drug shall be deemed to be misbranded if the package or label is false or misleading as to the state, territory, or country in which the drug was manufactured or produced.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 4; RC 1919, § 7853; SDC 1939, § 22.1103 (2).
S.D. Codified Laws § 39-8-14 — SD Code / Title 39 / Chapter 8 / Section 39-8-14
Violation of chapter or regulations as misdemeanor
Status: in_force

Any person who violates any of the provisions of this chapter or the rules and regulations issued thereunder, or who impedes, obstructs, hinders, or prevents the secretary of agriculture and natural resources or his duly authorized agent in performance of his duty in connection with the provisions of the chapter, is guilty of a Class 2 misdemeanor.

Source: SL 1933, ch 161, § 10; SL 1937, ch 198, § 12; SDC 1939, § 22.9912; SL 1965, ch 104, § 9; SL 1977, ch 190, § 373; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-11-1 — SD Code / Title 39 / Chapter 11 / Section 39-11-1
Definition of terms
Status: in_force

Terms used in this chapter, unless the context otherwise plainly requires, shall mean:

(1) "Consumer," any person who purchases eggs for his use, but not for resale;

(2) "Eggs," eggs in the shell of a domesticated chicken, turkey, duck, goose, or guinea;

(3) "Egg products," whole eggs, whole egg blends, albumin or whites, or yolks, plain, sugared, or salted in liquid, frozen, or dried form;

(4) "Institutional consumer," any hospital, commercial bakery, lodging, or food service establishment as defined in chapter 34-18 , or other institution or place in which eggs are prepared as food for customers, residents, or patients;

(5) "Secretary," the secretary of the State Department of Agriculture and Natural Resources;

(6) "Set - in station," any place of business where eggs are collected to be transported to a Class B licensee.

Source: SL 1949, ch 82, § 1; SL 1953, ch 91; SDC Supp 1960, § 22.0801; SL 1965, ch 105, § 1; SL 1972, ch 215, §§ 1 to 4, 8; SL 1975, ch 254, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-15-10 — SD Code / Title 39 / Chapter 15 / Section 39-15-10
Manufacture or sale of adulterated or misbranded drug as misdemeanor
Status: in_force

No person shall manufacture, sell, or offer for sale any drug which is adulterated or misbranded within the meaning of this chapter. A violation of this section is a Class 2 misdemeanor.

Source: PenC 1877, § 453; CL 1887, § 6654; SL 1893, ch 132, § 10; RPolC 1903, § 278; SL 1909, ch 180, § 1; RC 1919, § 7850; SDC 1939, §§ 22.1105, 22.9918; SL 1977, ch 190, § 394.
S.D. Codified Laws § 39-1-15 — SD Code / Title 39 / Chapter 1 / Section 39-1-15
Seizure or quarantine of contraband articles--Tagging and marking--Removal as petty offense
Status: in_force

The secretary of agriculture and natural resources, the secretary of public safety, and their agents and inspectors, with or without the assistance of the officers specified in § 39-1-13 , have power and authority to seize or quarantine by tagging or otherwise suitably marking any food or drug which is, or which is suspected of being, contraband material as defined in § 39-1-14 ; and for this purpose they and their agents and inspectors shall be vested with police powers. Such tag or marking shall be notice to all persons not to remove or otherwise molest marked or tagged material until given permission by the secretary of agriculture and natural resources, the secretary of public safety, or a court. Any person who removes or otherwise molests any article of food or drug tagged or marked as provided by this section without the permission or consent of the secretary of agriculture and natural resources, the secretary of public safety, or a court, commits a petty offense.

Source: SDC 1939, § 22.0104 as added by SL 1949, ch 81, § 2; SDC Supp 1960, § 22.0104 (2), (3); SL 1977, ch 190, § 348; SL 2004, ch 17, § 287; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-12 — SD Code / Title 39 / Chapter 18 / Section 39-18-12
Sale or offer of unregistered remedy prohibited
Status: in_force

No person shall sell, deliver, hold, or offer for sale any animal remedy which has not been registered with the secretary of agriculture and natural resources as provided in §§ 39-18-3 to 39-18-8 , inclusive.

Source: SL 1929, ch 238, § 12; SDC 1939, § 22.9917; SL 1964, ch 6, § 7; SL 1966, ch 8, § 10 (a); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-29 — SD Code / Title 39 / Chapter 18 / Section 39-18-29
Substandard strength or quality as adulteration--Tolerance allowed
Status: in_force

An animal remedy shall be deemed to be adulterated if its composition, purity, strength, or quality falls below or differs from that which it is purported or is represented to possess by its labeling; but, the secretary of agriculture and natural resources shall allow a reasonable tolerance from such representation as is in accordance with good manufacturing practices.

Source: SL 1966, ch 8, § 6 (b); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-55 — SD Code / Title 39 / Chapter 5 / Section 39-5-55
Cell-cultured protein--State moneys prohibited--Exclusions
Status: in_force

Except as otherwise provided for in this section, no state moneys may be awarded or used, directly or indirectly, for research, production, promotion, or the sale or distribution of cell-cultured protein.

The prohibition in this section does not apply to the Board of Regents, any institution under the control of the Board of Regents, or any state agency carrying out regulatory functions pursuant to chapter 39-5 .

For purposes of this section, "cell-cultured protein" means a product produced for use as human food, made wholly or in part from any cell culture or the DNA of a host animal, and grown or cultivated outside a live animal.

Source: SL 2025, ch 169, § 1.
S.D. Codified Laws § 39-14-53 — SD Code / Title 39 / Chapter 14 / Section 39-14-53
Adulteration by weed seed
Status: in_force

A commercial feed shall be deemed to be adulterated if it contains viable weed seeds in amounts exceeding the limits which the secretary of agriculture and natural resources shall establish by rule pursuant to the provisions of chapter 1-26 .

Source: SL 1947, ch 97, § 4; SDC Supp 1960, § 22.1007; SL 1964, ch 5, § 7; SDCL, § 39-14-17 (5); SL 1970, ch 228, § 7 (5); SL 1986, ch 326, § 72; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-11 — SD Code / Title 39 / Chapter 18 / Section 39-18-11
No additional fee required if paid by manufacturer or distributor
Status: in_force

When an animal remedy has been registered and the fee paid by the manufacturer, or distributor, no other person shall be required to pay such fee.

Source: SL 1966, ch 8, § 4 (e).
S.D. Codified Laws § 39-5-20 — SD Code / Title 39 / Chapter 5 / Section 39-5-20
Quarantine, segregation, and reinspection of livestock, carcasses and parts, and meat food products
Status: in_force

The secretary of the Animal Industry Board shall also cause, at any time, such quarantine, segregation, and reinspection of livestock, livestock carcasses and parts thereof, and meat food products in any such establishments as he deems necessary to effectuate the purposes of this chapter.

Source: SL 1968, ch 158, § 3 (c).
S.D. Codified Laws § 39-8-6 — SD Code / Title 39 / Chapter 8 / Section 39-8-6
Units of sale and minimum weight of frozen desserts--Tolerances
Status: in_force

Frozen desserts sold in other than individual serving devices, shall be sold in terms of gallons, quarts, or pints weighing not less than four and one - half pounds per gallon, or less than thirty - six ounces per one - half gallon, or less than nine ounces per pint. If the average weight of ten units, e.g. ten quarts, or any lot of frozen dessert of the same brand and flavor equals or exceeds the minimum weight established for such units by this section, the requirements shall be deemed to have been met; provided, no individual unit shall be more than five percent of the required unit weight under the minimum weight established for such units.

Source: SDC 1939, § 22.0604 as added by SL 1951, ch 104, § 2; SL 1965, ch 104, § 4 (a).
S.D. Codified Laws § 39-5-39 — SD Code / Title 39 / Chapter 5 / Section 39-5-39
Prohibited acts
Status: in_force

The following acts, or the causing thereof, by any person within this state, are hereby prohibited, except as otherwise provided under § 39-5-11 :

(1) The slaughter of livestock or the preparation of any carcasses, parts thereof, or meat food products of livestock at any establishment conducting such operations solely for intrastate commerce, except in compliance with the requirements of this chapter;

(2) The sale, donation, transportation, or offering or receiving for sale or transportation in this state of:

(a) Any livestock carcass, part thereof, or meat food product, unless such article has been inspected to assure its freedom from adulteration and misbranding, in accordance with the requirements under this chapter or the Federal Wholesome Meat Act; or

(b) Any such article which is capable of use as human food and is adulterated or misbranded at the time of such sale, donation, transportation, or offer or receipt for sale or transportation;

(3) Doing, with respect to any livestock carcass, part thereof, or meat food product which is capable of use as human food, any act while it is being transported in this state or held for sale or donation after such transportation, which is intended to cause or has the effect of causing such article to be adulterated or misbranded;

(4) Selling, donating, transporting, or offering or receiving for sale or transportation, in this state, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the secretary of the Animal Industry Board to show the kinds of animals from which they were derived;

(5) Casting, printing, lithographing, or otherwise making any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the secretary;

(6) Forging any official device, mark, or certificate;

(7) Without authorization from the secretary using any official device, mark, or certificate, or simulation thereof, or altering, detaching, defacing, or destroying any official device, mark, or certificate;

(8) Contrary to the regulations prescribed by the secretary, failing to use, or to detach, deface, or destroy any official device, mark, or certificate;

(9) Knowingly possessing, without promptly notifying the secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;

(10) Knowingly making any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the secretary;

(11) Knowingly representing that any article has been inspected and passed or exempted under this chapter when, in fact, it has, respectively, not been so inspected and passed or exempted;

(12) Neglecting or refusing to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his power to do so, in obedience to the subpoena of the secretary; or willfully making any false entry or statement of fact in any report required to be made under this chapter; or willfully making any false entry in any record kept by any person subject to this chapter;

(13) Failing to file any report required by the secretary under § 39-5-8 , within the time fixed by him for such filing, or failing to keep any record required by the secretary under § 39-5-36 ;

(14) Refusing to permit any duly authorized representative of the secretary or have access at all reasonable times, to the premises, facilities, inventory, or records of any establishment in this state at which livestock are slaughtered or the carcasses, parts thereof, or meat food products are prepared, or refusing to permit such representative to copy any such records, as authorized by § 39-5-36 ;

(15) Assaulting, resisting, opposing, impeding, intimidating, or interfering with any person while engaged in, or on account of, the performance of his official duties under this chapter; or giving or paying anything of value to any person employed to perform any official duties under this chapter, with intent to influence his official actions;

(16) Receiving by any person employed to perform any official duties under this chapter of anything of value given or paid by any person to influence his official actions;

(17) Violating §§ 39-5-31 to 39-5-34 or any regulations under § 39-5-8 .

A violation of any provision in this section is a Class 1 misdemeanor.

Source: SL 1968, ch 158, § 6; SL 1977, ch 190, § 363.
S.D. Codified Laws § 39-7-4.5 — SD Code / Title 39 / Chapter 7 / Section 39-7-4.5
Certain products not subject to chapter
Status: in_force

Any nonliquid topping, dry coffee whitener, frozen liquid whitener, and margarine - type product is not subject to the requirements in this chapter.

Source: SL 1987, ch 292, § 9.
S.D. Codified Laws § 39-1-1.1 — SD Code / Title 39 / Chapter 1 / Section 39-1-1.1
Division of Legal and Regulatory Services functions
Status: in_force

The Division of Legal and Regulatory Services of the Department of Public Safety shall perform the functions previously performed by the Department of Agriculture pursuant to chapters 39-4 and 39-13 , except the authority to regulate bottled water quality which the Department of Agriculture and Natural Resources shall perform.

Source: SL 1973, ch 2, § 54; SL 1979, ch 5, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2004, ch 17, § 278; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 39, eff. Apr. 20, 2015; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-6-14 — SD Code / Title 39 / Chapter 6 / Section 39-6-14
Processor field service permit not transferable--Revocation--Notice and hearing
Status: in_force

The permit issued to a person performing field service for a Grade A processor shall not be transferable and may be revoked for due cause after the holder of the permit has been given an opportunity for a hearing, in which the holder of the permit shall be given a notice in writing of the time and place of such hearing and at least seven days before the date of such hearing.

Source: SL 1955, ch 67, § 4; SDC Supp 1960, § 4.2004.
S.D. Codified Laws § 39-14-69 — SD Code / Title 39 / Chapter 14 / Section 39-14-69
Results of analyses furnished by secretary--Portion of sample furnished on finding of adulteration or misbranding
Status: in_force

The results of all analyses of official samples shall be forwarded by the secretary of agriculture and natural resources to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within thirty days following receipt of the analysis the secretary shall furnish to the registrant a portion of the sample concerned.

Source: SL 1964, ch 5, § 9 (d); SDCL, § 39-14-28; SL 1970, ch 228, § 11 (7); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-79 — SD Code / Title 39 / Chapter 14 / Section 39-14-79
Severability of provisions
Status: in_force

If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Source: SL 1964, ch 5, § 14; SDCL, § 39-14-37; SL 1970, ch 228, § 16.
S.D. Codified Laws § 39-14-64 — SD Code / Title 39 / Chapter 14 / Section 39-14-64
Notice of inspections--Notice of completion
Status: in_force

A separate notice shall be given for each inspection under § 39-14-63 , but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.

Source: SL 1970, ch 228, § 11 (2).
S.D. Codified Laws § 39-13-1 — SD Code / Title 39 / Chapter 13 / Section 39-13-1
Definition of terms
Status: in_force

The following definitions of terms, application to, or exclusion from the provisions of this chapter shall apply throughout the chapter:

(1) "Alcoholic beverage" shall be construed to mean and include all beverages containing more than one - half of one percent of alcohol by volume;

(2) "Nonalcoholic beverage" shall be construed to mean and include those beverages which contain less than one - half of one percent of alcohol by volume; all still and carbonated drinks, soda waters, ginger ales, root beers, apple cider, fruit juices, and all beverages compounded therefrom, imitations and compounds of any of them, and all bottled waters whether for medicinal or table use, shall be included in the term "nonalcoholic beverages";

(3) The term "beverage concentrates and flavors" shall include all concentrated fruit juices, fruit flavored and other syrups, and concentrated extracts, essences, and preparations which are intended as a basis for the preparation of a beverage through the addition of water or milk with or without the addition of other auxiliary substances including sugar;

(4) The word "person" shall be construed to mean and include persons, firms, and corporations.

Source: SL 1937, ch 201, §§ 1, 3; SDC 1939, § 22.0902 (1) to (3), (7); SL 1945, ch 84, § 1.
S.D. Codified Laws § 39-7-4.7 — SD Code / Title 39 / Chapter 7 / Section 39-7-4.7
Nutritional panel--Contents
Status: in_force

A nutritional panel shall be provided on an artificial dairy product which indicates the quantitative nutritional differences between the artificial dairy product and the dairy product it resembles in comparative columns. The nutrients to be included are those for which a United States recommended daily allowance has been established.

Source: SL 1987, ch 292, § 11.
S.D. Codified Laws § 39-8-9 — SD Code / Title 39 / Chapter 8 / Section 39-8-9
Exemption from labeling requirements of containers filled in presence of purchaser
Status: in_force

Packages and final delivery containers of frozen dessert as identified under this chapter which are filled in the presence of the purchaser at retail shall be exempted from the labeling requirements of §§ 39-8-7 and 39-8-8 .

Source: SL 1965, ch 104, § 4 (c).
S.D. Codified Laws § 39-8-5 — SD Code / Title 39 / Chapter 8 / Section 39-8-5
Labeling of containers of dessert mix
Status: in_force

All containers of frozen dessert mix shall be conspicuously labeled as to the contents of the container, the name and address of the manufacturer or distributor.

Source: SL 1965, ch 104, § 4 (d).
S.D. Codified Laws § 39-18-8 — SD Code / Title 39 / Chapter 18 / Section 39-18-8
Copy of registration forwarded to applicant--Annual expiration date
Status: in_force

Upon approval by the secretary of agriculture and natural resources, a copy of the registration of an animal remedy shall be forwarded to the applicant. All registrations are on an annual basis, expiring the thirty-first day of December of the year after the date of registration. An annual registration fee of seventy-five dollars for each product shall be paid to the secretary upon application for registration.

Source: SDC 1939, § 22.1004; SL 1941, ch 96; SL 1943, ch 87, § 1; SL 1947, ch 97, § 1; SL 1964, ch 6, § 4; SL 1966, ch 8, § 4 (c); SL 1981, ch 286, § 10; SL 1987, ch 294, § 2; SL 2001, ch 215, § 34; SL 2017, ch 43, § 13; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-6-10 — SD Code / Title 39 / Chapter 6 / Section 39-6-10
Permit for importation of Grade A products--Standards required--Suspension or revocation
Status: in_force

The Department of Agriculture and Natural Resources may, for the purpose of assuring the people of this state a continuous and adequate supply of wholesome and nutritious fluid milk or milk products labeled Grade A, permit the entry of such milk or milk products into this state after the department has determined that the inspection at point of origin, the required standards and enforcement thereof, and the quality of the milk or products are equal to the requirements in this state. Upon determining that the foregoing conditions are satisfactory, the department shall issue a permit. Such permit may be suspended or revoked as provided in §§ 39-6-15 and 39-6-16 .

Source: SL 1955, ch 67, § 6; SDC Supp 1960, § 4.2006; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-37 — SD Code / Title 39 / Chapter 5 / Section 39-5-37
Detention of carcass, part, or meat food product, inedible product, or dying, crippled or diseased livestock--Grounds and procedure for action by secretary
Status: in_force

Whenever any carcass, part of a carcass, or meat food product of any livestock or any product exempted from the definition of a meat food product, or any dying, crippled, or diseased livestock is found by any authorized representative of the secretary of the Animal Industry Board upon any premises where it is held for purposes of, or during or after distribution in this state, and there is reason to suspect that such article is adulterated or misbranded and is capable of use for human food, or that it has not been inspected, in violation of this chapter, any other law of this state, or any federal law, or that such article or animal has been, or is intended to be, distributed in violation of any such laws, it may be detained by such representative for a period not to exceed twenty days, pending action under § 39-5-38 , or notification of any federal or other governmental authorities having jurisdiction over such article or animal, and shall not be moved by any person from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the secretary that the article or animal is eligible to retain such marks.

Source: SL 1968, ch 158, § 18.
S.D. Codified Laws § 39-11-7 — SD Code / Title 39 / Chapter 11 / Section 39-11-7
Regulations governing grading, production, and distribution standards--Plant requirements--Enforcement
Status: in_force

For the protection of the public health and welfare and to secure uniformity in the marketing of eggs the secretary of agriculture and natural resources may promulgate rules concerning:

(1) The definition of purchase and retail standards and grades for eggs;

(2) The definition of production, processing, and distribution standards for eggs;

(3) The definition of minimum plant and equipment requirements for the labeling, selling, and storage of eggs;

(4) The definition of candling methods;

(5) The sale or exposure to sale of shell eggs to retail stores and the institutional consumer;

(6) The licensure of dealers and candler graders;

(7) Record - keeping requirements; and

(8) The provision of the issuance of stop sales.

Source: SL 1949, ch 82, § 5; SDC Supp 1960, § 22.0805; SL 1965, ch 105, § 5; SL 1974, ch 260, § 3; SL 1986, ch 326, § 68; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-75 — SD Code / Title 39 / Chapter 14 / Section 39-14-75
Violation as misdemeanor
Status: in_force

Any person who violates any of the provisions of this chapter which are not otherwise classified or who impedes, hinders or prevents the secretary of agriculture and natural resources or his duly authorized agent in performance of his duty in connection with the provisions of this chapter, commits a Class 2 misdemeanor.

Source: SL 1929, ch 238, § 12; SDC 1939, § 22.9917; SL 1964, ch 5, § 12 (a); SDCL, § 39-14-31; SL 1970, ch 228, § 13 (1); SL 1977, ch 190, § 393; SL 1983, ch 286; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-13 — SD Code / Title 39 / Chapter 18 / Section 39-18-13
Sale by retailer without reregistration
Status: in_force

Any retailer of animal remedies who has bought a supply of animal remedies at a time, as shown by invoice dates, when such remedies were registered, may sell or otherwise dispose of such remedies without reregistering them.

Source: SL 1966, ch 8, § 4 (f).
S.D. Codified Laws § 39-5-44 — SD Code / Title 39 / Chapter 5 / Section 39-5-44
Notice of operation of inspection and regulatory provisions
Status: in_force

Provisions of this chapter relative to inspections, sanitation, labeling requirements, penalties, seizures, and injunctive relief shall not become operative until thirty days after the giving of notice thereof by the secretary of the Animal Industry Board by posting of such notice upon the official bulletin boards of at least twenty counties of the State of South Dakota and the publishing of three weeks' notices thereof by three publications, once each week, in at least three newspapers of the State of South Dakota which have been designated as official county newspapers in the State of South Dakota.

Source: SL 1968, ch 158, § 26.
S.D. Codified Laws § 39-18-39 — SD Code / Title 39 / Chapter 18 / Section 39-18-39
Access of departmental personnel to premises
Status: in_force

The secretary of agriculture and natural resources or his agent shall have free access at all reasonable hours to any establishment in which animal remedies are manufactured, processed, packed, sold, or offered for sale, to inspect such premises and to determine whether the provisions of this chapter are being violated.

Source: SL 1966, ch 8, § 8 (b); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-15-2 — SD Code / Title 39 / Chapter 15 / Section 39-15-2
Substandard drug sold under recognized name deemed adulterated--Lower standards stated on container
Status: in_force

For the purposes of this chapter a drug shall be deemed adulterated if, when sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity as determined by the test laid down in such pharmacopoeia or formulary, at the time of investigation; provided that no drug defined in such pharmacopoeia or formulary shall be deemed to be adulterated if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof, although such standard may differ from that determined by the test laid down by such pharmacopoeia or formulary.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 3; RC 1919, § 7852 (1); SL 1921, ch 238; SDC 1939, § 22.1102 (1).
S.D. Codified Laws § 39-1-17 — SD Code / Title 39 / Chapter 1 / Section 39-1-17
Preemption of local regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide
Status: in_force

The provisions of South Dakota law and rules preempt any local legislation adopted by any political subdivision of the state that is related to the production, use, advertising, sale, distribution, storage, transportation, formulation, packaging, labeling, certification, registration, application, planting, or disposal of seed as defined in § 38-12A-1 , commercial fertilizer as defined in § 38-19-1 , commercial feed as defined in § 39-14-39 , animal remedies as defined in § 39-18-1 , and pesticide as defined in § 38-20A-1 . No political subdivision may adopt or continue in effect any such local legislation regardless of whether a statute or a rule adopted by the state specifically preempts the local legislation. Local legislation in violation of this section is void and unenforceable. For purposes of this section, the term, local legislation, means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision of the state.

Nothing in this section preempts or otherwise limits the authority of any county or municipality to adopt and enforce zoning regulations, fire codes, building codes, or waste disposal restrictions.

Source: SL 2006, ch 210, § 1.
S.D. Codified Laws § 39-14-63 — SD Code / Title 39 / Chapter 14 / Section 39-14-63
Entry of premises and inspections by departmental personnel--Restriction on scope of inspection
Status: in_force

For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the secretary of agriculture and natural resources, upon presenting appropriate credentials, and a written notice to the owner, operator, or agent in charge, are authorized

(1) To enter, during normal business hours, any factory, warehouse, or establishment within this state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and

(2) To inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein.

The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice regulations established under § 39-14-52 .

Source: SL 1970, ch 228, § 11 (1); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-1 — SD Code / Title 39 / Chapter 18 / Section 39-18-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Advertisement," all representations, other than those on the label, disseminated in any manner or by any means, relating to animal remedies as defined in this chapter;

(2) "Animal," any animate being, which is not human, endowed with the power of voluntary action;

(3) "Animal remedies," all drugs, combination of drugs, proprietary medicines, biological products, and combinations of drugs and other ingredients, other than for food or cosmetic purposes, which are prepared or compounded for animal use; except those exempted by the secretary of agriculture and natural resources;

(4) "Brand name," any word, name, symbol, or device, or any combination thereof, identifying the animal remedy of a distributor and distinguishing it from that of others;

(5) "Distribute," to offer for sale, sell, or barter;

(6) "Dosage form," any animal remedy prepared in tablets, pills, capsules, ampules, or other units suitable for administration as an animal remedy;

(7) "Drug,":

(a) Articles recognized in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them;

(b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals;

(c) Preparations for external or internal use in the mitigation of parasites in or on animals;

(d) Articles (other than food) intended to affect the structure or any function of the body of animals;

(e) Articles intended for use as a component of any articles specified in subsection (a), (b), (c), or (d) of this subdivision;

but does not include devices or their components, parts, or accessories;

(8) "Label," a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appearing on the label may not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper;

(9) "Labeling," all labels and other written, printed, graphic matter:

(a) Upon any article or any of its containers or wrappers;

(b) Accompanying such article;

(10) "Person," any individual, firm, partnership, limited liability company, corporation, association, or organized group of persons whether incorporated or not;

(11) "Product name," the name of the animal remedy which identifies it as to kind, class, or specific use.

Source: SL 1913, ch 332; RC 1919, § 7892; SL 1929, ch 238, § 1; SDC 1939, § 22.1002; SL 1964, ch 6, § 2; SL 1966, ch 8, § 3; SL 1994, ch 351, § 95; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-31 — SD Code / Title 39 / Chapter 5 / Section 39-5-31
Meat processors and related industries subject to regulation by secretary
Status: in_force

The secretary of the Animal Industry Board may by regulations prescribe conditions under which carcasses, parts of carcasses, and meat food products of livestock capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, transporting, or otherwise handling such articles in this state, whenever the secretary deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer.

Source: SL 1968, ch 158, § 7.
S.D. Codified Laws § 39-14-50 — SD Code / Title 39 / Chapter 14 / Section 39-14-50
Adulteration by omission or abstraction of valuable constituents
Status: in_force

A commercial feed shall be deemed to be adulterated if any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor.

Source: SL 1964, ch 5, § 7; SDCL, § 39-14-17 (2); SL 1970, ch 228, § 7 (2).
S.D. Codified Laws § 39-4-2 — SD Code / Title 39 / Chapter 4 / Section 39-4-2
Conditions constituting adulteration of food
Status: in_force

For the purposes of this title food shall be deemed to be adulterated:

(1) If any substance has been mixed and packed with it so as to reduce, lower, or injuriously affect its quality or strength;

(2) If any substance has been substituted wholly or in part for it;

(3) If any valuable constituent thereof has been wholly or in part abstracted;

(4) If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed;

(5) If it contain any poisonous or otherwise deleterious ingredient, added or natural, which may render it injurious to health: provided that when in the preparation of food products for shipment they are preserved by an external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise before eating, and directions for the removal of such preservative shall be plainly and conspicuously printed on the label of the package, the provisions of this chapter shall be construed as applying only when such products are ready for consumption;

(6) If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or of any portion of any animal unfit for food, whether manufactured or not; or if it is the product of a portion of a diseased animal or of an animal which has been fed upon the uncooked offal from a slaughterhouse or other substance unfit for animal food, or of one that has died otherwise than by slaughter; or

(7) If in the manufacture, sale, distribution, transportation, or in the offering or exposing for sale, distribution, or transportation, it is not at all times securely protected from all filth, flies, dust, contamination, or other unclean, unhealthful, or insanitary conditions.

Source: SL 1885, ch 64, § 1; CL 1887, § 2246; SL 1899, ch 89, § 26; RPolC 1903, § 2929; SL 1905, ch 114, § 7; SL 1907, ch 151, § 7; SL 1909, ch 163, § 5; SL 1917, ch 242, § 5; RC 1919, § 7808; SDC 1939, § 22.0402 (2).
S.D. Codified Laws § 39-11-11 — SD Code / Title 39 / Chapter 11 / Section 39-11-11
Eggs purchased for processing exempt from grading requirements
Status: in_force

Eggs purchased by egg breakers and egg drying plants for the purpose of manufacturing liquid eggs, dried eggs, or frozen eggs are exempt from the candling and grading provisions.

Source: SDC Supp 1960, § 22.0804 as added by SL 1965, ch 105, § 4.
S.D. Codified Laws § 39-18-21 — SD Code / Title 39 / Chapter 18 / Section 39-18-21
Remedy deemed misbranded if container deceptive as to quantity
Status: in_force

An animal remedy shall be deemed to be misbranded if its container is so made, formed, or filled as to be deceptive or misleading as to the amount of contents.

Source: SL 1966, ch 8, § 7 (b).
S.D. Codified Laws § 39-8-10 — SD Code / Title 39 / Chapter 8 / Section 39-8-10
Standards of identity, quality, and fill of container
Status: in_force

The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 fixing standards of identity, standards of quality, and standards for fill of container for frozen desserts concerning:

(1) Ice cream and label statement of optional ingredients;

(2) Frozen custard, french ice cream, french custard ice cream, and label statement of optional ingredients;

(3) Ice milk and label statement of optional ingredients;

(4) Fruit sherbets and label statement of optional ingredients;

(5) Water ices and label statement of optional ingredients;

(6) Quiescently frozen confections, quiescently frozen dairy confections, and label statement of optional ingredients.

Source: SL 1937, ch 198, § 3; SDC 1939, § 22.0604; SL 1951, ch 104, § 2; SL 1965, ch 104, § 5; SL 1986, ch 326, § 64; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-13-13 — SD Code / Title 39 / Chapter 13 / Section 39-13-13
Administration and enforcement of chapter--Enforcement powers
Status: in_force

The secretary of revenue with respect to alcoholic beverages, and the Division of Commercial Inspection and Licensing with respect to nonalcoholic beverages, concentrates, and flavors, are charged with administration and enforcement of this chapter. The secretary of agriculture and natural resources and the secretary of public safety and their deputies, assistants, agents, and employees, have all of the rights of visitation, inspection, examination, and access to places, property, containers, records, rule-making authority, and prosecution, as are provided in Title 38 or in this title.

Source: SL 1937, ch 201, § 6; SDC 1939, § 22.0901; SL 1973, ch 2, § 54; SDCL Supp § 39-13-13.1 ; SL 1987, ch 82, § 57; SL 2004, ch 17, § 290; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-36 — SD Code / Title 39 / Chapter 18 / Section 39-18-36
Publication of production data and analysis results--Operations not disclosed
Status: in_force

The secretary of agriculture and natural resources may publish at such times and in such forms as he may deem proper, information concerning the sales of animal remedies, together with such data on their production and use as he may consider advisable, and a report of the results of the analyses of official samples of animal remedies sold within the state as compared with the analyses guaranteed in the registration and on the label; provided, however, that the information concerning production and use of animal remedies shall not disclose the operations of any person.

Source: SL 1929, ch 238, § 13; SDC 1939, § 22.1001; SL 1964, ch 6, § 1; SL 1966, ch 8, § 12; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-20 — SD Code / Title 39 / Chapter 18 / Section 39-18-20
Remedy deemed misbranded if required information on label not conspicuous and clear
Status: in_force

An animal remedy shall be deemed to be misbranded if any word, statement, or other information required to appear on the label is not prominently placed on such label with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling and in such terms, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

Source: SL 1966, ch 8, § 7 (f).
S.D. Codified Laws § 39-11-5 — SD Code / Title 39 / Chapter 11 / Section 39-11-5
Annual fees for classes of licenses--License required to candle or grade
Status: in_force

The annual fee for a license for each business location of the several classifications herein named is as follows:

(1) For set - in stations, buyers from producers only, and producers who pack and sell eggs produced only by their own flock, known as "Class A," ten dollars per year;

(2) For wholesale dealers and dealers buying eggs from Class A licensees, known as "Class B," one hundred dollars per year.

Any natural person who candles or grades eggs shall be licensed. The license fee is ten dollars per year.

Source: SL 1949, ch 82, § 1; SL 1953, ch 91; SDC Supp 1960, § 22.0801; redes. SDC Supp 1960, § 22.0802 by SL 1965, ch 105, § 2; SL 1972, ch 215, § 5; SL 1975, ch 254, § 3; SL 1981, ch 286, § 8.
S.D. Codified Laws § 39-5-7 — SD Code / Title 39 / Chapter 5 / Section 39-5-7
Enforcement of chapter by secretary through inspectors and employees of Animal Industry Board
Status: in_force

The secretary of the Animal Industry Board is hereby authorized to enforce the provisions of this chapter through such meat inspectors and other employees of the Animal Industry Board of this state as he may designate or appoint consistently with the provisions of this chapter.

Source: SL 1968, ch 158, § 2.
S.D. Codified Laws § 39-15-7 — SD Code / Title 39 / Chapter 15 / Section 39-15-7
Imitation or sale under name of another article as misbranding
Status: in_force

For the purposes of this chapter a drug shall be deemed to be misbranded if it be an imitation of or offered for sale under the name of another article.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 4; RC 1919, § 7853; SDC 1939, § 22.1103 (3).
S.D. Codified Laws § 39-14-57 — SD Code / Title 39 / Chapter 14 / Section 39-14-57
Prohibited acts
Status: in_force

The following acts and the causing of such acts within the State of South Dakota are prohibited:

(1) The manufacture or distribution of any commercial feed that is adulterated or misbranded;

(2) The adulteration or misbranding of any commercial feed;

(3) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, that are adulterated within the meaning of §§ 39-14-46 to 39-14-53 , inclusive;

(4) The removal or disposal of a commercial feed in violation of an order under § 39-14-71 or 39-14-72 ;

(5) The failure or refusal to obtain a commercial feed license in accordance with § 39-14-40.1 ;

(6) The violation of § 39-14-70 ; and

(7) Failure to pay inspection fees and file reports as required by §§ 39-14-43 and 39-14-44 .

Source: SL 1970, ch 228, § 8; SL 1993, ch 304, § 17.
S.D. Codified Laws § 39-14-67 — SD Code / Title 39 / Chapter 14 / Section 39-14-67
Sampling and analysis methods
Status: in_force

Sampling and analysis shall be conducted in accordance with methods published by the association of official analytical chemists, or in accordance with other generally recognized methods. Such methods may be established for use by rules promulgated pursuant to the provisions of chapter 1-26 .

Source: SL 1964, ch 5, § 9 (b); SDCL, § 39-14-27; SL 1970, ch 228, § 11 (6); SL 1986, ch 326, § 78.
S.D. Codified Laws § 39-5-10 — SD Code / Title 39 / Chapter 5 / Section 39-5-10
Cooperation by secretary with federal, state or local agencies--Acceptance of federal aid
Status: in_force

The secretary of the Animal Industry Board may cooperate with the federal government in carrying out the provisions of this chapter or the Federal Wholesome Meat Act, including acceptance of federal financial, training, and other assistance, and for purposes of the more effective administration of such acts may cooperate with any other federal, state, or local agency having responsibilities with respect to matters relating to human or animal health.

Source: SL 1968, ch 158, § 22.
S.D. Codified Laws § 39-4-20 — SD Code / Title 39 / Chapter 4 / Section 39-4-20
Reliance by dealer on guaranty by wholesaler or manufacturer--Contents of guaranty
Status: in_force

Whenever any dealer shall have received a guaranty, signed by the wholesaler, jobber, manufacturer, or other person, residing within the United States, from whom he purchased the food product, to the effect that the same is not adulterated or misbranded as defined in this chapter, he shall not be liable to prosecution under this chapter, unless he shall have knowledge or notice of the falsity of such guaranty, but the person making such guaranty shall be subject to the fines and penalties which otherwise would attach to such dealer. Such guaranty must contain the name and post office address of the wholesaler, jobber, manufacturer, or person from whom the food product was purchased; provided that any product which is evidently unfit for consumption must not be sold or offered for sale though the dealer may possess the guaranty provided for in this section.

Source: SL 1909, ch 163, § 7; SL 1913, ch 215, § 5; SL 1917, ch 242, § 7; RC 1919, § 7810; SDC 1939, § 22.0404.
S.D. Codified Laws § 39-18-37 — SD Code / Title 39 / Chapter 18 / Section 39-18-37
Violation of chapter or rules and regulations as misdemeanor
Status: in_force

A violation of this chapter or of any administrative rule issued pursuant thereto is a Class 2 misdemeanor.

Source: SL 1929, ch 238, § 12; SDC 1939, § 22.9917; SL 1964, ch 6, § 7; SL 1966, ch 8, § 14 (a); SL 1977, ch 190, § 415.
S.D. Codified Laws § 39-18-34.1 — SD Code / Title 39 / Chapter 18 / Section 39-18-34.1
Relationship between veterinarian and client or patient as condition of dispensing certain drugs--What constitutes a valid relationship
Status: in_force

The sale, dispensing, shipping, or otherwise making available of a veterinary drug product label containing the legend "Caution: Federal Law restricts this drug to use by or on the order of a licensed veterinarian" shall result from a relationship between the veterinarian and his client or patient. A valid relationship shall exist if the veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal and the need for medical treatment, and the client has agreed to follow the instructions of the veterinarian; and if there is sufficient knowledge of the animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal and the veterinarian is readily available for follow - up in case of adverse reactions or failure of the regimen of therapy.

Source: SL 1986, ch 313, § 9.
S.D. Codified Laws § 39-14-70 — SD Code / Title 39 / Chapter 14 / Section 39-14-70
Misuse of confidential information as misdemeanor--Exchange with other government agencies
Status: in_force

Any person who used to his own advantage, or reveals to other than the secretary of agriculture and natural resources, or officers of the secretary, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this chapter, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a Class 1 misdemeanor: Provided, that this prohibition shall not be deemed as prohibiting the secretary, or his duly authorized agent, from exchanging information of a regulatory nature with appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information.

Source: SL 1970, ch 228, § 13 (6); SL 1977, ch 190, § 392; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-6-3.1 — SD Code / Title 39 / Chapter 6 / Section 39-6-3.1
License and permit required to sell raw milk for human consumption
Status: in_force

Any producer of milk who is selling raw milk for human consumption directly to the consumer shall obtain a license pursuant to the provisions of § 40-32-4 and a permit pursuant to the provisions of § 40-32-10.1 .

Source: SL 2015, ch 207, § 4.
S.D. Codified Laws § 39-14-52 — SD Code / Title 39 / Chapter 14 / Section 39-14-52
Adulteration by drug not conforming to good manufacturing practice
Status: in_force

A commercial feed shall be deemed to be adulterated if it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules promulgated by the secretary of agriculture and natural resources pursuant to the provisions of chapter 1-26 to assure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating such rules, the secretary shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless he determines that they are not appropriate to the conditions which exist in this state.

Source: SL 1970, ch 228, § 7 (4); SL 1986, ch 326, § 71; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-8 — SD Code / Title 39 / Chapter 5 / Section 39-5-8
Rules and regulations of secretary--Reports required--Conformity of rules to Federal Wholesome Meat Act
Status: in_force

In addition to the regulations specifically authorized by this chapter, the secretary of the Animal Industry Board may promulgate such rules and regulations, and require such reports from persons subject to this chapter as he deems appropriate to carry out the purposes and provisions of this chapter.

Rules and regulations shall be promulgated under this chapter in conformity with the rules and regulations under the Federal Wholesome Meat Act as now in effect and with subsequent amendments thereof, unless they are considered by the secretary as inconsistent with the objectives of this chapter.

Source: SL 1968, ch 158, § 21 (a), (b).
S.D. Codified Laws § 39-5-36 — SD Code / Title 39 / Chapter 5 / Section 39-5-36
Records required of all types of meat businesses
Status: in_force

Any person who engages in this state, in the business of slaughtering any livestock, or preparing, freezing, packaging, or labeling any carcasses or parts or products of carcasses, of any livestock, for use as human or animal food or rendering (as an inedible products renderer), transporting, storing, or buying or selling (as a meat broker or otherwise) any carcasses, or parts or products of carcasses, of any livestock, or transporting, buying, or selling any dying, crippled, or diseased cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary shall maintain such records as the secretary may by rules promulgated pursuant to chapter 1-26 require to effectuate the purposes of this chapter, and shall, upon notice by the secretary, afford the representative, at all reasonable times, access to the person's places of business and opportunity to inspect the facilities, inventory, and all records, and to copy all such records. Any record required to be maintained by this section shall be maintained for at least such period of time as the secretary may by rules promulgated pursuant to chapter 1-26 prescribe.

Source: SL 1968, ch 158, § 12; SL 1996, ch 248, § 5.
S.D. Codified Laws § 39-14-59 — SD Code / Title 39 / Chapter 14 / Section 39-14-59
Cooperation by secretary with other agencies
Status: in_force

The secretary of agriculture and natural resources may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.

Source: SL 1970, ch 228, § 14; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-27 — SD Code / Title 39 / Chapter 5 / Section 39-5-27
Labeling and marking of carcasses, parts, meat food products or containers required
Status: in_force

All carcasses, parts of carcasses, and meat food products inspected at any establishment under the authority of this chapter and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the secretary of the Animal Industry Board may require, the information required under § 39-5-26 .

Source: SL 1968, ch 158, § 5 (a).
S.D. Codified Laws § 39-11-13 — SD Code / Title 39 / Chapter 11 / Section 39-11-13
Excessive dockage by dealer prohibited--Accurate grading required
Status: in_force

No dealer in buying eggs or selling eggs shall take or give a greater or less dockage for eggs unfit for human food as defined in § 39-11-12 than the actual dockage as determined by the correct candling of the eggs purchased or sold, nor shall he undergrade eggs purchased or overgrade eggs sold as such grades are determined and classified from time to time by the secretary of agriculture and natural resources.

Source: SL 1949, ch 82, § 3; SL 1955, ch 68; SDC Supp 1960, § 22.0803; redes. SDC Supp 1960, § 22.0804 by SL 1965, ch 105, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-4-13 — SD Code / Title 39 / Chapter 4 / Section 39-4-13
False labeling as to ingredients as misbranding
Status: in_force

For the purpose of this title a food product shall be deemed to be misbranded if the package containing it, or its label, shall bear any statement, design, or device regarding the ingredients or the substance contained therein, which statement, design, or device shall be false or misleading in any particular.

Source: SL 1907, ch 151, § 35; SL 1909, ch 163, § 6; SL 1911, ch 13; SL 1917, ch 242, § 6; RC 1919, § 7809 (4); SL 1923, ch 193; SDC 1939, § 22.0403 (4).
S.D. Codified Laws § 39-11-14 — SD Code / Title 39 / Chapter 11 / Section 39-11-14
Possession of unfit eggs prohibited--Denatured egg products for animal foods allowed
Status: in_force

No licensee shall have in his possession any eggs which have been candled and graded as unfit for human consumption. However, egg products to be sold for animal foods may be held in possession if denatured or decharacterized in such manner as shall be described in rules or regulations.

Source: SL 1919, ch 208, § 1; SDC 1939, § 22.0802; SL 1949, ch 82, § 2; redes. SDC 1939, § 22.0803 by SL 1965, ch 105, § 3; SL 1972, ch 215, § 7; SL 1975, ch 254, § 5.
S.D. Codified Laws § 39-1-9 — SD Code / Title 39 / Chapter 1 / Section 39-1-9
Responsibility of employer for act or omission of agent or employee
Status: in_force

For the purposes of this title, the act or omission of any officer, agent, or other person acting for or employed by any individual, corporation, limited liability company, association, or partnership within the scope of office, agency, or employment shall be deemed to be the act or omission of such individual, corporation, limited liability company, association, or partnership as well as of such person.

Source: SL 1917, ch 242, § 9; RC 1919, § 7804; SDC 1939, § 22.0107; SL 1994, ch 351, § 92.
S.D. Codified Laws § 39-5-23.1 — SD Code / Title 39 / Chapter 5 / Section 39-5-23.1
Inhumane slaughtering--Refusal or suspension of inspection
Status: in_force

For the purpose of preventing the inhumane slaughtering of livestock, the secretary of the Animal Industry Board shall examine and inspect the method by which cattle, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this chapter. The secretary may refuse to provide inspection to a new slaughtering establishment or temporarily suspend inspection at a slaughtering establishment if the secretary finds that any cattle, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary have been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with § 39-5-23.2 , until the establishment furnishes assurances satisfactory to the secretary that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such a method.

Source: SL 1981, ch 289, § 1; SL 1996, ch 248, § 2.
S.D. Codified Laws § 39-14-49 — SD Code / Title 39 / Chapter 14 / Section 39-14-49
Adulteration by pesticide chemicals
Status: in_force

A commercial feed shall be deemed to be adulterated if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408 (a) of the Federal Food, Drug, and Cosmetic Act: Provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408 (a), of the Federal Food, Drug, and Cosmetic Act.

Source: SL 1970, ch 228, § 7 (1) (d).
S.D. Codified Laws § 39-14-51 — SD Code / Title 39 / Chapter 14 / Section 39-14-51
Adulteration by failure to meet label representations
Status: in_force

A commercial feed shall be deemed to be adulterated if its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.

Source: SL 1964, ch 5, § 7; SDCL, § 39-14-17 (3); SL 1970, ch 228, § 7 (3).
S.D. Codified Laws § 39-18-14 — SD Code / Title 39 / Chapter 18 / Section 39-18-14
Professional supervision required for preparation and packaging of remedies
Status: in_force

No person shall compound, manufacture, make, produce, pack, package, or prepare within this state any animal remedy to be offered for sale or distribution unless such compounding, manufacture, making, producing, packaging, packing, or preparing is done with adequate equipment under the supervision of a licensed veterinarian, a graduate chemist, a licensed pharmacist, a licensed physician, or some other person as may be approved by the secretary of agriculture and natural resources after an investigation and a determination by the secretary that they are qualified by scientific or technical training or by experience to perform such duties of supervision as may be necessary to protect animal health and public safety.

Source: SL 1966, ch 8, § 10 (c); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-1-3 — SD Code / Title 39 / Chapter 1 / Section 39-1-3
Source of payment for expenses of enforcement
Status: in_force

All salaries and expenses necessary to the enforcement of this title by the Department of Agriculture and Natural Resources or the Division of Commercial Inspection and Licensing shall be paid out of funds appropriated for the maintenance of the Department of Agriculture and Natural Resources.

Source: SL 1917, ch 242, § 20; RC 1919, § 7801; SDC 1939, § 22.0108; SL 2004, ch 17, § 280; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-7-2 — SD Code / Title 39 / Chapter 7 / Section 39-7-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Artificial dairy products," any food which by its composition, intended use, sensory qualities, physical properties, package or label description purports to resemble or imitate any dairy product listed in subdivision (1) of this section;

(2) "Dairy product," includes but is not limited to, milk, cream, sour cream, butter cream, butter, skimmed milk, ice cream, frozen dessert, whipped cream, flavored milk or skim milk drink, dried or powdered milk, cheese, cream cheese, cottage cheese, creamed cottage cheese, ice cream mix, frozen dessert mix, sherbet, condensed milk, evaporated milk, concentrated milk, and forms of dairy products for which no standard of identity exists which are manufactured principally from milk or milk - derived ingredients, provided milk - derived ingredients are not used at levels in excess of those permitted in similar standardized dairy products;

(3) "Milk," any milk, skim milk, cream, lowfat milk, nonfat dry milk, and any fluid derivative of the listed items;

(4) "Milk - derived ingredients," any buttermilk, whey, products derived from whey, casein, lactose, lacto albumen, and any fluid derivative of the listed items.

Source: SL 1951, ch 114, § 3; SDC Supp 1960, § 22.05A03; SL 1987, ch 292, § 2.
S.D. Codified Laws § 39-14-77 — SD Code / Title 39 / Chapter 14 / Section 39-14-77
Prosecution by state's attorney--Opportunity for hearing before report of violation
Status: in_force

It shall be the duty of each state's attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the secretary of agriculture and natural resources reports a violation for such prosecution, an opportunity shall be given the distributor to present his view to the secretary.

Source: SL 1964, ch 5, § 12 (c); SDCL, § 39-14-36; SL 1970, ch 228, § 13 (3); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-80 — SD Code / Title 39 / Chapter 14 / Section 39-14-80
Title of chapter
Status: in_force

This chapter shall be known as the South Dakota Commercial Feed Law of 1970.

Source: SL 1970, ch 228, § 1.
S.D. Codified Laws § 39-1-7 — SD Code / Title 39 / Chapter 1 / Section 39-1-7
Prohibited contracts void--Action on contract prohibited
Status: in_force

All contracts for the sale of any product in violation of the provisions of this title shall be void; no action shall be maintained in any court for the purchase price or value of any product the sale of which is thereby prohibited; nor shall any person be liable for the price or value of any product furnished in violation of any of its provisions.

Source: SL 1917, ch 242, § 22; RC 1919, § 7803; SDC 1939, § 22.0106.
S.D. Codified Laws § 39-1-4 — SD Code / Title 39 / Chapter 1 / Section 39-1-4
Promulgation of rules--Enforcement
Status: in_force

The secretary of agriculture and natural resources may, except as provided by § 39-1-1.1 , adopt such rules as may be necessary for the proper and effective enforcement of this title. All such rules shall become effective in conformity with chapter 1-26 . The failure to obey any rule of the secretary of agriculture and natural resources adopted pursuant to this section may be enforced by proper legal procedure in court.

The secretary of agriculture and natural resources may adopt such rules as may be necessary for the proper and effective enforcement relating to bottled water quality. All such rules shall become effective in conformity with chapter 1-26 . The failure to obey any rule of the secretary of agriculture and natural resources adopted pursuant to this section may be enforced by proper legal procedure in court.

Source: SL 1917, ch 242, § 3; RC 1919, § 7793; SDC 1939, § 22.0102; SL 1949, ch 81, § 1; SDC Supp 1960, § 22.0102 (1); SL 1987, ch 29, § 67; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 40, eff. Apr. 20, 2015; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-17 — SD Code / Title 39 / Chapter 5 / Section 39-5-17
Post-mortem inspection of carcasses and parts--Inspection of meat food products
Status: in_force

For the purpose stated in § 39-5-16 , whenever slaughtering or other operations are being conducted in any establishment in this state in which carcasses, parts thereof, or meat food products capable of use as human food are prepared solely for intrastate commerce, the secretary of the Animal Industry Board shall cause post - mortem inspection to be made of the carcasses and parts thereof of each animal slaughtered and shall cause an inspection to be made of all meat food products prepared in such establishment.

Source: SL 1968, ch 158, § 3 (b).
S.D. Codified Laws § 39-4-3.1 — SD Code / Title 39 / Chapter 4 / Section 39-4-3.1
Confection or candy containing less than one-half of one percent alcohol by weight permitted
Status: in_force

A person may sell or offer for sale any confection or candy that contains less than one-half of one percent alcohol by weight. If the confection or candy contains more than one-half of one percent alcohol by weight, the confection or candy is deemed adulterated for the purposes of this title.

Source: SL 2018, ch 245, § 1, eff. Mar. 9, 2018.
S.D. Codified Laws § 39-4-1 — SD Code / Title 39 / Chapter 4 / Section 39-4-1
Food defined
Status: in_force

The word "food" as used in this title shall include all substances used as food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound, and all substances or ingredients to be added to foods for any purpose. For the purposes of this chapter, the word "food" specifically includes bottled water for sale to the public, the quality of which is regulated by the secretary of agriculture and natural resources as provided for under this chapter.

Source: SL 1905, ch 114, § 6; SL 1907, ch 151, § 6; SL 1909, ch 163, § 4; SL 1911, ch 252, § 1; SL 1917, ch 242, § 4; RC 1919, § 7807; SDC 1939, § 22.0401; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 42, eff. Apr. 20, 2015; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-1-8 — SD Code / Title 39 / Chapter 1 / Section 39-1-8
Violation of title as misdemeanor
Status: in_force

Any person who violates any provision of this title, for which a penalty is not expressly provided, is guilty of a Class 1 misdemeanor.

Source: SL 1913, ch 285, § 18; RC 1919, § 7802; SDC 1939, § 22.9901; SL 1977, ch 190, § 346.
S.D. Codified Laws § 39-14-45 — SD Code / Title 39 / Chapter 14 / Section 39-14-45
Deposits in feed and remedy fund--Expenditures
Status: in_force

Any fee collected pursuant to §§ 39-14-40.1 , 39-14-43 , and 39-14-44 that is not dedicated to the state animal disease research and diagnostic laboratory bond redemption and operations fund shall be remitted at the end of each month to the state treasurer for deposit in the feed and remedy fund which is hereby established in the state treasury. The feed and remedy fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The feed and remedy fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the feed and remedy program. Expenditures from the feed and remedy fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the feed and remedy fund until appropriated by the Legislature.

Source: SL 1937, ch 14; SDC 1939, § 22.1004; SL 1941, ch 96; SL 1943, ch 87, § 1; SL 1947, ch 97, § 1; SL 1964, ch 5, § 6 (a); SL 1966, ch 7; SDCL § 39-14-18; SL 1970, ch 228, § 9 (3); SL 1993, ch 304, § 15; SL 2017, ch 43, § 11.
S.D. Codified Laws § 39-5-12 — SD Code / Title 39 / Chapter 5 / Section 39-5-12
Withdrawal or denial of exemption by secretary
Status: in_force

The secretary of the Animal Industry Board may withdraw or deny any exemption under § 39-5-11 with respect to any person whenever he finds that such action will aid in effectuating the purposes of this chapter.

Source: SL 1968, ch 158, § 13 (b).
S.D. Codified Laws § 39-14-68 — SD Code / Title 39 / Chapter 14 / Section 39-14-68
Deficiencies determined by official sample and analysis
Status: in_force

The secretary of agriculture and natural resources, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in subdivision 39-14-39 (13) and obtained and analyzed as provided for in §§ 39-14-62 , 39-14-66 , and 39-14-67 .

Source: SL 1964, ch 5, § 9 (c); SDCL, § 39-14-26; SL 1970, ch 228, § 11 (8); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-4-3.3 — SD Code / Title 39 / Chapter 4 / Section 39-4-3.3
Off-sale delivery licensee permitted to deliver confection or candy containing one-half of one percent alcohol by weight or more
Status: in_force

Any licensee pursuant to subdivision 35-4-2(23) may deliver any confection or candy containing one half of one percent alcohol by weight or more, pursuant to § 39-4-3.2 .

Source: SL 2018, ch 245, § 3, eff. Mar. 9, 2018.
S.D. Codified Laws § 39-18-28 — SD Code / Title 39 / Chapter 18 / Section 39-18-28
Preparation or packing under unsanitary conditions as adulteration
Status: in_force

An animal remedy shall be deemed to be adulterated if it was prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to animal health.

Source: SL 1966, ch 8, § 6 (a).
S.D. Codified Laws § 39-11-8 — SD Code / Title 39 / Chapter 11 / Section 39-11-8
Federal standards as guide in establishing grade requirements
Status: in_force

The specifications for grades and weight classes and the standards for quality of individual eggs or processed shell and liquid eggs shall be guided by those promulgated by the United States Department of Agriculture and set forth in the regulations.

Source: SDC Supp 1960, § 22.0805 as added by SL 1965, ch 105, § 5.
S.D. Codified Laws § 39-4-4 — SD Code / Title 39 / Chapter 4 / Section 39-4-4
Unlawful food additives--Prohibited use as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to manufacture, sell, offer, or expose for sale any food product to which has been added any borax, paraffin, boric acid, formaldehyde, salicylic acid, abrastol, beta naphtol, dulcin, glucin, fluorine compound, formic acid, or other injurious or unhealthful substance or any derivative thereof. It is a Class 1 misdemeanor to sell or offer for sale any meat or meat product to which has been added any sulphurous acid or any salt of the same or any substance capable of producing such acid or salt thereof.

Source: SL 1905, ch 114, § 33; SL 1917, ch 242, § 16; RC 1919, § 7818; SDC 1939, § 22.0411; SL 1977, ch 190, § 357; SL 1980, ch 275.
S.D. Codified Laws § 39-5-32 — SD Code / Title 39 / Chapter 5 / Section 39-5-32
Meat and meat products not to be used for human consumption--Denaturing or identification as inedible required
Status: in_force

Inspection shall not be provided under this chapter at any establishment for the slaughter of livestock, or the preparation of any carcasses or parts or products of livestock, which are not intended for use as human food, but such articles shall, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the secretary of the Animal Industry Board to deter their use for human food. No person shall sell, donate, transport, or offer or receive for sale or transportation, in this state any such carcasses, parts thereof, or meat food products which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the secretary or are naturally inedible by humans.

Source: SL 1968, ch 158, § 8.
S.D. Codified Laws § 39-18-52 — SD Code / Title 39 / Chapter 18 / Section 39-18-52
Severability of provisions
Status: in_force

If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Source: SL 1966, ch 8, § 15.
S.D. Codified Laws § 39-14-42 — SD Code / Title 39 / Chapter 14 / Section 39-14-42
Refusal or cancellation of commercial feed license--Hearings and opportunity to amend
Status: in_force

The secretary of agriculture and natural resources may reject the commercial feed license application of any firm not in compliance with the provisions of this chapter and may cancel the commercial feed license of any firm subsequently found not to be in compliance with any provision of this chapter. However, no commercial feed license may be refused or canceled unless the licensee has been given an opportunity to be heard before the secretary and to amend his application in order to comply with the requirements of this chapter.

Source: SL 1911, ch 238, § 10; SL 1913, ch 332, § 10; RC 1919, § 7900; SL 1929, ch 238, § 9; SDC 1939, § 22.1006; SL 1947, ch 97, § 3; SL 1949, ch 83; SL 1964, ch 5, § 4 (e); SDCL, § 39-14-11; SL 1970, ch 228, § 4 (3); SL 1993, ch 304, § 12; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-6-13 — SD Code / Title 39 / Chapter 6 / Section 39-6-13
Processor field service permit--Determination of qualifications
Status: in_force

Any person performing the field service for a Grade A processor of milk or milk products shall first obtain a permit therefor from the secretary of agriculture and natural resources by application on a form provided by the secretary. The secretary shall determine that the applicant is competent and qualified before issuing said permit.

Source: SL 1955, ch 67, § 4; SDC Supp 1960, § 4.2004; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-43 — SD Code / Title 39 / Chapter 18 / Section 39-18-43
Unauthorized disclosure of information prohibited
Status: in_force

The secretary of agriculture and natural resources or any of his agents shall not use or reveal information acquired under §§ 39-18-5 , 39-18-6 , and 39-18-38 to 39-18-40 , inclusive, except in the enforcement of this chapter, or to the courts, when relevant.

Source: SL 1966, ch 8, § 10; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-48 — SD Code / Title 39 / Chapter 18 / Section 39-18-48
Bond to permit processing or relabeling of detained remedy--Expense of supervision--Return of bond on compliance
Status: in_force

If the adulteration or misbranding of a detained animal remedy can be corrected by proper processing or labeling of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a sufficient bond, conditioned that such article shall be so processed or labeled, has been executed, may order such article to be delivered to the defendant for such processing or labeling under the supervision of the secretary of agriculture and natural resources, or his agent. The expense of such supervision shall be paid by the defendant. The bond shall be returned to the defendant on the representation to the court by the secretary that the article no longer violates this chapter and that expenses incident to such proceeding were paid.

Source: SL 1966, ch 8, § 11 (d); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-7-4.8 — SD Code / Title 39 / Chapter 7 / Section 39-7-4.8
Certain packages not subject to chapter
Status: in_force

The provisions of this chapter do not apply to any package containing an individual serving of less than one - half ounce or one - half fluid ounce of an artificial dairy product for use in a restaurant, institution, or passenger carrier, and not otherwise packaged for sale at retail.

Source: SL 1987, ch 292, § 12.
S.D. Codified Laws § 39-18-34 — SD Code / Title 39 / Chapter 18 / Section 39-18-34
Exemption of veterinarians
Status: in_force

Except as provided in § 39-18-34.1 , this chapter does not apply to persons licensed to practice veterinary medicine in this state in the practice of their profession.

Source: SL 1966, ch 8, § 13; SL 1987, ch 29, § 95.
S.D. Codified Laws § 39-14-74 — SD Code / Title 39 / Chapter 14 / Section 39-14-74
Injunction to restrain violations of chapter
Status: in_force

The secretary of agriculture and natural resources may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule promulgated under the chapter, notwithstanding the existence of other remedies at law. Such injunction shall be issued without bond.

Source: SL 1964, ch 5, § 12 (d); SDCL, § 39-14-34; SL 1970, ch 228, § 13 (4); SL 1986, ch 326, § 81; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-13-10 — SD Code / Title 39 / Chapter 13 / Section 39-13-10
Manufacture, sale, or possession of adulterated, misbranded, or improperly labeled nonalcoholic beverage or concentrate as petty offense
Status: in_force

It is a petty offense for any person to manufacture, sell, offer, or expose for sale or to have in possession with intent to sell any nonalcoholic beverage or beverage concentrate that contains any ingredient injurious to health or that is adulterated, misbranded, insufficiently, or improperly labeled within the meaning of the food and drug statutes.

Source: SL 1905, ch 121, § 1; SL 1937, ch 201, § 1; SDC 1939, § 22.0903; SL 1977, ch 190, § 387; SL 1977, ch 313, § 3.
S.D. Codified Laws § 39-11-6 — SD Code / Title 39 / Chapter 11 / Section 39-11-6
Expiration and renewal of licenses--Late renewal fee
Status: in_force

All licenses provided for in § 39-11-5 shall expire on the twenty - eighth day of February next following the issuance thereof unless sooner revoked and may be renewed upon proper application to the secretary. Any licensee who shall not apply for renewal of his license at least fifteen days before the expiration date shall be charged an additional twenty - five dollar fee.

Source: SL 1949, ch 82, § 1; SL 1953, ch 91; SDC Supp 1960, § 22.0801; redes. SDC Supp 1960, § 22.0802 by SL 1965, ch 105, § 2; SL 1975, ch 254, § 4.
S.D. Codified Laws § 39-18-42 — SD Code / Title 39 / Chapter 18 / Section 39-18-42
Analysis result showing adulteration or misbranding forwarded to distributor and purchaser--Portion of sample furnished
Status: in_force

When the inspection and analysis of an official sample indicates an animal remedy has been adulterated or misbranded, the results of analysis shall be forwarded by the secretary of agriculture and natural resources to the distributor and the purchaser. Upon request within fifteen days the secretary shall furnish to the distributor a portion of the sample concerned.

Source: SL 1966, ch 8, § 8 (d); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-46 — SD Code / Title 39 / Chapter 18 / Section 39-18-46
Petition for condemnation of adulterated or misbranded article--Removal of tag if found not adulterated or misbranded
Status: in_force

If an article detained pursuant to § 39-18-45 is found, after examination and analysis, to be adulterated or misbranded, the secretary of agriculture and natural resources may petition the judge of any court of competent jurisdiction in whose jurisdiction the article is detained for a libel for condemnation of such article. If the secretary finds that such detained article is not adulterated or misbranded he shall remove the tag or marking.

Source: SL 1966, ch 8, § 11 (b); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-15-8 — SD Code / Title 39 / Chapter 15 / Section 39-15-8
Reuse of container as misbranding--Alcohol and narcotics to be stated in label--Prescription drugs and standard name sales exempt
Status: in_force

For the purposes of this chapter a drug shall be deemed to be misbranded if the contents of the package as originally packed shall have been removed in whole or in part and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide or any derivative or preparation of any such substance contained therein. Nothing in this section shall be construed to apply to the dispensing of prescriptions written by regularly licensed practicing physicians, veterinary surgeons, or dentists, and kept on file by the dispensing pharmacist, nor to such drugs as are recognized in the United States Pharmacopoeia and the National Formulary, and which are sold under the name by which they are so recognized.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 4; RC 1919, § 7853; SDC 1939, § 22.1103 (4).
S.D. Codified Laws § 39-5-11.2 — SD Code / Title 39 / Chapter 5 / Section 39-5-11.2
Continuing education for meat processor
Status: in_force

A designated representative of an establishment or entity licensed pursuant to § 39-5-11.1 , except a retail store meat processor, shall, once every three years, undergo continuing education training to improve the safety and efficiency of the establishment's or entity's operations. The Animal Industry Board shall promulgate rules pursuant to chapter 1-26 specifying the requirements, standards, and administration of continuing education required under this section.

Source: SL 1991, ch 329, § 4.
S.D. Codified Laws § 39-4-3.2 — SD Code / Title 39 / Chapter 4 / Section 39-4-3.2
Alcoholic beverage licensee permitted to sell confection or candy containing one-half of one percent alcohol by weight or more
Status: in_force

A licensee pursuant to subdivision 35-4-2(4), (6), (11), (12), or (16) may sell or offer for sale any confection or candy made on the licensed premises containing one half of one percent alcohol by weight or more.

Source: SL 2018, ch 245, § 2, eff. Mar. 9, 2018.
S.D. Codified Laws § 39-4-14 — SD Code / Title 39 / Chapter 4 / Section 39-4-14
Additional labeling required for special dietary foods
Status: in_force

In addition to the provisions of §§ 39-4-8 to 39-4-13 , inclusive, a food shall also be deemed to be misbranded if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, or other dietary properties as necessary in order fully to inform purchasers as to its value for such uses; and unless (if the food be one for which a definition and standard of identity has been adopted, or if the food be produced by replacing one or more essential and commonly accepted ingredients by other ingredients), its label shall show the name of the substitute or substitutes and state what ingredient or ingredients have been replaced, and unless the label shall bear, clearly and conspicuously, the following statement: "For special dietary use only." As used in this section the term "food" means "food" as defined in § 39-4-1 .

Source: SDC 1939, § 22.0410 as amended by SL 1949, ch 81, § 3; SL 1953, ch 89.
S.D. Codified Laws § 39-8-1 — SD Code / Title 39 / Chapter 8 / Section 39-8-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Distributor," any person not a frozen dessert manufacturer that purchases such products in final package form from a frozen dessert manufacturer for resale;

(2) "Frozen dessert manufacturer," any person who manufactures, or processes, any mix as frozen desserts for distribution or sale;

(3) "Frozen dessert plant," any place or premises where frozen desserts or mix are manufactured, or processed, for distribution or sale;

(4) "Frozen desserts," any clean frozen or partially frozen combination of two or more of the following: milk or milk products, eggs or egg products, sugars, water, fruit, or fruit juices, candy, nut meats, or other harmless and wholesome food products, flavors, color, harmless stabilizer, and shall be deemed to include, ice cream, ice milk, frozen custard, milk sherbet, ices, and other similar products;

(5) "Milk and milk products," used in mix or frozen desserts shall be from cow's milk and include milk, cream, frozen cream, plastic cream, fluid skim milk, butter, sweetened and unsweetened condensed skim milk, powdered whole milk, powdered skim milk, sweet cream buttermilk, sweet cream condensed buttermilk, and sweet cream powdered buttermilk, or any of these products from which lactose has been wholly or partially removed;

(6) "Mix," the unfrozen combination of all ingredients of a frozen dessert with or without fruits, fruit juices, candy, nut meats, flavor, or harmless color;

(7) "Pasteurization," "pasteurized," and similar terms shall be taken to refer to the process of heating every particle of mix to one hundred fifty - five degrees Fahrenheit and holding at such temperature for thirty minutes, or to one hundred seventy - five degrees Fahrenheit and holding at such temperature continuously for twenty - five seconds in approved and properly operated equipment. Nothing in this definition disbars any other process which has been demonstrated to be equally efficient and is approved by the secretary of agriculture and natural resources;

(8) "Person," includes individual, partnership, limited liability company, corporation, and association.

Source: SL 1909, ch 296, § 2; RC 1919, § 7905; SL 1925, ch 136; SL 1931, ch 133, § 1; SL 1933, ch 161, § 1; SL 1937, ch 198, § 2; SDC 1939, § 22.0603; SL 1941, ch 94; SL 1947, ch 95, § 1; SL 1951, ch 104, § 1; SL 1965, ch 104, § 3 (a) to (h); SL 1994, ch 351, § 94; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-4-3 — SD Code / Title 39 / Chapter 4 / Section 39-4-3
Ingredients constituting adulteration of confectionery
Status: in_force

For the purposes of this title a confectionery is deemed adulterated if it contains:

(1) Terra alba, barytes, talc, paraffin, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health; or

(2) Any narcotic drug.

Source: SL 1909, ch 163, § 5; SL 1917, ch 242, § 5; RC 1919, § 7808; SDC 1939, § 22.0402 (1); SL 2018, ch 245, § 4, eff. Mar. 9, 2018.
S.D. Codified Laws § 39-7-4.4 — SD Code / Title 39 / Chapter 7 / Section 39-7-4.4
Display of product name
Status: in_force

The product name of an artificial dairy product shall be presented in bold face type on the principal display panel and shall be in lines generally parallel to the base of the container or package.

Source: SL 1987, ch 292, § 8.
S.D. Codified Laws § 39-18-18 — SD Code / Title 39 / Chapter 18 / Section 39-18-18
Remedy deemed misbranded if not properly labeled
Status: in_force

An animal remedy shall be deemed to be misbranded if it is not labeled as required in § 39-18-15 and in regulations promulgated under this chapter.

Source: SDC 1939, § 22.1006 as added by SL 1949, ch 83; SL 1964, ch 6, § 6; SL 1966, ch 8, § 7 (c).
S.D. Codified Laws § 39-18-4 — SD Code / Title 39 / Chapter 18 / Section 39-18-4
Experimental remedies exempt from registration--Labeling
Status: in_force

Section 39-18-3 does not apply to an animal remedy intended solely for investigational, experimental, or laboratory use by qualified persons, provided such remedy is plainly labeled "for investigational use only."

Source: SL 1966, ch 8, § 4 (g).
S.D. Codified Laws § 39-5-14 — SD Code / Title 39 / Chapter 5 / Section 39-5-14
Adulterated carcass, part, or meat food product defined
Status: in_force

For purposes of this chapter, the term "adulterated" shall apply to any carcass, part thereof, or meat food product under one or more of the following circumstances:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such article shall not be considered adulterated under this subdivision if the quantity of such substance in or on such article does not ordinarily render it injurious to health; or

(2) If it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance which is prohibited in the quantity present with respect to such an article under the Federal Wholesome Meat Act and which may, in the judgment of the secretary of the Animal Industry Board make the article unfit for human food; or

(3) If it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food; or

(4) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or

(5) If it is, in whole or in part, the product of an animal which has died otherwise than by slaughter; or

(6) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

(7) If it has been intentionally subjected to radiation, unless such use of radiation was permissible under the Federal Wholesome Meat Act and approved by the secretary; or

(8) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or

(9) If it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance.

Source: SL 1968, ch 158, § 1 (r).
S.D. Codified Laws § 39-1-6 — SD Code / Title 39 / Chapter 1 / Section 39-1-6
Distribution of bulletins containing standards, definitions, rules, and regulations--Payment of cost
Status: in_force

Bulletins containing standards, definitions, rules, and regulations promulgated pursuant to §§ 39-1-4 and 39-1-5 together with such information relating to the products regulated by the provisions of this title as shall be calculated to promote the public health and safety may be distributed from time to time by the Department of Agriculture and Natural Resources or the Division of Commercial Inspection and Licensing to the newspapers of the state, to all persons dealing in the products to which they relate, and to any citizen of this state, upon application therefor, the cost of which shall be paid out of funds appropriated for maintenance of the department or the division.

Source: SL 1917, ch 242, § 3; RC 1919, § 7794; SDC 1939, § 22.0102; SL 1949, ch 81, § 1; SDC Supp 1960, § 22.0102 (2); SL 2004, ch 17, § 282; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-4-5 — SD Code / Title 39 / Chapter 4 / Section 39-4-5
Labeling required for preservatives added--Violation as misdemeanor
Status: in_force

All food products which contain any preservative, other than those substances specifically mentioned in § 39-4-4 , which may be permitted by the rules and regulations provided for in § 39-1-4 shall be plainly and conspicuously labeled to show the presence and amount of such preservative. A violation of this section is a Class 1 misdemeanor.

Source: SL 1917, ch 242, § 16; RC 1919, § 7818; SDC 1939, § 22.0411; SL 1977, ch 190, § 358.
S.D. Codified Laws § 39-18-9 — SD Code / Title 39 / Chapter 18 / Section 39-18-9
Disposition of funds collected
Status: in_force

All of the registration fee paid pursuant to § 39-18-8 on any animal remedy manufactured and distributed under license from and under the supervision of the United States Department of Agriculture shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund and used to retire bonds issued for the State Animal Disease Research and Diagnostic Laboratory.

Twelve dollars and fifty cents of the animal remedy registration fee paid pursuant to § 39-18-8 on any animal remedy not manufactured and distributed under license from and under the supervision of the United States Department of Agriculture shall be paid into the feed and remedy fund established in § 39-14-45 . The remaining sixty-two dollars and fifty cents of this registration fee shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund.

Source: SDC 1939, § 22.1004; SL 1941, ch 96; SL 1943, ch 87, § 1; SL 1947, ch 97, § 1; SL 1966, ch 8, § 4 (d); SL 1993, ch 304, § 18; SL 2017, ch 43, § 14.
S.D. Codified Laws § 39-8-15 — SD Code / Title 39 / Chapter 8 / Section 39-8-15
Citation of chapter
Status: in_force

This chapter shall be known as the "South Dakota Frozen Desserts Law."

Source: SL 1965, ch 104, § 1.
S.D. Codified Laws § 39-15-1 — SD Code / Title 39 / Chapter 15 / Section 39-15-1
Substances subject to chapter
Status: in_force

The term "drug" as used in this chapter shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixtures of substances intended to be used for the cure, mitigation, or prevention of disease of either man or domestic animal.

Source: SL 1907, ch 151, § 34; SL 1909, ch 180, § 2; RC 1919, § 7851; SDC 1939, § 22.1101.
S.D. Codified Laws § 39-13-4 — SD Code / Title 39 / Chapter 13 / Section 39-13-4
Fees for registration of products--Disposition of fees
Status: in_force

There shall be paid to the secretary of revenue a registration fee according to the following schedule:

(1) On malt and cereal beverages of all descriptions, twenty-five dollars;

(2) On wines, for one brand, twenty-five dollars and for each additional brand registered by the same person seventeen dollars and fifty cents;

(3) On all other alcoholic beverages, fifty dollars

The secretary of revenue shall properly record all fees received pursuant to this chapter and shall forward the fees monthly to the state treasurer. The state treasurer shall deposit the fees in the general fund.

Source: SL 1937, ch 201, §§ 4, 5; SDC 1939, § 22.0905; SL 1945, ch 84, § 2; SL 1951, ch 105; SL 1977, ch 313, § 5; SL 2009, ch 48, § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 39-14-44 — SD Code / Title 39 / Chapter 14 / Section 39-14-44
Tonnage reports and payment of inspection fees--Records required--Refusal or cancellation of commercial feed licenses for noncompliance
Status: in_force

Any person who is liable for payment of an inspection fee shall:

(1) File, not later than the last day of January of each year, an annual statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding twelve months. Upon filing such statement, the person shall pay the inspection fee at the rate stated in § 39-14-43 . Inspection fees that are due and have not been remitted to the Department of Agriculture and Natural Resources by January thirty - first of each year shall have a late payment fee of ten percent or twenty dollars, whichever is greater, added to the amount due when payment is finally made. The assessment of this late payment fee does not prevent the department from taking other actions as provided in this chapter; and

(2) Keep such records as may be necessary or required by the secretary of agriculture and natural resources, pursuant to rules promulgated pursuant to chapter 1-26 , to indicate accurately the tonnage of commercial feed distributed in this state. The secretary may examine such records to verify statements of tonnage.

Failure to make an accurate statement of tonnage or to pay the inspection fee or comply with this section constitutes sufficient cause for cancellation of a commercial feed license or rejection of a commercial feed license application.

Source: SDC 1939, § 22.1004; SL 1941, ch 96; SL 1943, ch 87, § 1; SL 1947, ch 97, § 1; SL 1964, ch 5, § 6 (b); SDCL, §§ 39-14-19 to 39-14-21; SL 1970, ch 228, § 9 (2); SL 1986, ch 326, § 70; SL 1993, ch 304, § 14; SL 2001, ch 215, § 33; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-5 — SD Code / Title 39 / Chapter 5 / Section 39-5-5
Sign and labeling required for sale of imported meat--Misdemeanor
Status: in_force

Any person who knowingly sells or offers for sale any meat which is the product of any foreign country or imported from without the boundaries of the United States, or any meat product containing such imported meat, without indicating this fact by display of a conspicuous sign in his place of business and by labels or brands on each quarter, half or whole carcass of such meat, or on each can, case, or package containing any of the above - mentioned product, naming the country of its origin and the date of exportation is guilty of a Class 2 misdemeanor.

Source: SL 1964, ch 75, §§ 1, 2; SL 1977, ch 190, § 362.
S.D. Codified Laws § 39-11-4 — SD Code / Title 39 / Chapter 11 / Section 39-11-4
Issuance of license on compliance with requirements--Examination for candler's license
Status: in_force

Licenses shall be issued by the secretary of agriculture and natural resources to persons who apply therefor, pay the prescribed license fee and comply with the provisions of this chapter and the rules and regulations promulgated thereunder; provided, that such rules and regulations may require applicants for a license as a candler and grader of eggs to show competency by the successful passing of an examination prescribed by the secretary.

Source: SL 1953, ch 91; SDC Supp 1960, § 22.0801; redes. SDC Supp 1960, § 22.0802 by SL 1965, ch 105, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-11 — SD Code / Title 39 / Chapter 5 / Section 39-5-11
Exemptions from inspection and preparation provisions
Status: in_force

The following meat and meat products to be used for human consumption are exempt from the inspection and preparation provisions of this chapter:

(1) Any livestock producer with respect to slaughter on his own farm of livestock raised by him on his own farm and with respect to the preparation by him on such farm of the carcasses, parts thereof, and meat food products, of such livestock, and with respect to such articles if the livestock producer does not otherwise engage in the business of slaughtering livestock or preparing livestock carcasses, parts thereof, or meat food products and does not engage in the business of buying or selling livestock other than those raised on his own farm, or livestock carcasses, parts thereof, or meat food products, other than those produced from such livestock and does not slaughter or permit any other person to slaughter on his farm any livestock not owned by him, except under exemption as provided for in subdivision (2);

(2) Any person engaged in custom slaughtering of livestock and preparation of the carcasses, parts thereof, and meat food products, only with respect to the slaughter of livestock delivered by the owner thereof for custom slaughter, and the preparation of the carcasses, parts thereof, and meat food products of such livestock for use by such owner in his own household or by members of his household and nonpaying guests;

(3) Any person engaged in slaughtering livestock or preparing livestock carcasses, parts thereof, or meat food products, solely for intrastate commerce, and the articles so prepared by such person, whenever the secretary determines that application of such specific provisions would be impracticable and an exemption to this chapter will otherwise aid in the effective administration of this chapter, or that the exemption is necessary to avoid conflict with requirements under recognized religious dietary laws;

(4) The licensing, inspection, adulteration, and misbranding provisions of this chapter do not apply to the slaughter of livestock or the preparation of livestock carcasses, parts thereof, or meat food products by any person for use in his own household or by members of his household and nonpaying guests.

Source: SL 1968, ch 158, § 13 (a); SL 1970, ch 227; SL 1978, ch 282, § 2; SL 1991, ch 329, § 2.
S.D. Codified Laws § 39-5-28 — SD Code / Title 39 / Chapter 5 / Section 39-5-28
Labeling and marking styles and sizes of type--Definitions and standards of identity or composition and standards of fill of container prescribed by secretary
Status: in_force

The secretary of the Animal Industry Board, whenever he determines such action is necessary for the protection of the public, may prescribe:

(1) The styles and sizes of type to be used in marking and labeling any articles or animals subject to this chapter, and

(2) Definitions and standards of identity or composition for articles subject to this chapter, and fill of container for such articles.

Source: SL 1968, ch 158, § 5 (b).
S.D. Codified Laws § 39-14-66 — SD Code / Title 39 / Chapter 14 / Section 39-14-66
Receipt given for samples obtained
Status: in_force

If the officer or employee making inspection of a factory, warehouse, or other establishment under §§ 39-14-63 and 39-14-64 , has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.

Source: SL 1970, ch 228, § 11 (3).
S.D. Codified Laws § 39-18-16 — SD Code / Title 39 / Chapter 18 / Section 39-18-16
Forgery or counterfeiting of label prohibited
Status: in_force

No person shall forge, counterfeit, simulate, or falsely represent, or without proper authority use, any mark, stamp, tag, label, or other identification device required by § 39-18-15 .

Source: SL 1966, ch 8, § 10 (i).
S.D. Codified Laws § 39-4-23 — SD Code / Title 39 / Chapter 4 / Section 39-4-23
Distribution of food without charge by charitable or nonprofit organization--Immunity
Status: in_force

A bona fide charitable or nonprofit organization which in good faith receives food, apparently fit for human consumption, and distributes it at no charge, is not subject to criminal penalty or civil damages resulting from the condition of the food unless an injury results from the gross negligence, recklessness, or intentional conduct of the organization.

Source: SL 1981, ch 288, § 2.
S.D. Codified Laws § 39-5-33 — SD Code / Title 39 / Chapter 5 / Section 39-5-33
Registration of meat brokers, renderers, animal food manufacturers, wholesalers or warehousemen
Status: in_force

No person shall engage in this state in business as a meat broker, inedible products renderer, or animal food manufacturer, or as a wholesaler of any carcasses, or parts or products of the carcasses, of any livestock, whether intended for human food or other purposes, or as a public warehouseman storing any such articles, or in the business of buying, selling, or transporting any dead, dying, crippled, or diseased livestock, unless when required by regulations of the secretary of the Animal Industry Board, he has registered with the secretary, his name, and the address of each place of business at which, and all trade names under which, he conducts such business.

Source: SL 1968, ch 158, § 9.
S.D. Codified Laws § 39-14-47 — SD Code / Title 39 / Chapter 14 / Section 39-14-47
Adulteration by unsafe additives
Status: in_force

A commercial feed shall be deemed to be adulterated if it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (1) a pesticide chemical in or on a raw agricultural commodity; or (2) a food additive).

Source: SL 1970, ch 228, § 7 (1) (b).
S.D. Codified Laws § 39-8-3 — SD Code / Title 39 / Chapter 8 / Section 39-8-3
Construction standards for plants
Status: in_force

The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 to establish minimum standards of construction for frozen dessert plants concerning:

(1) Floors, walls, ceilings;

(2) Doors and windows;

(3) Lighting and ventilation;

(4) Toilet and lavatory facilities;

(5) Water supply;

(6) Separation and partitioning of rooms for carrying on the several handling, processing, and storage functions.

Source: SL 1965, ch 104, § 6; SL 1986, ch 326, § 62; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-35 — SD Code / Title 39 / Chapter 5 / Section 39-5-35
Disposal of carcasses, parts, or meat food products from noncomplying official establishments
Status: in_force

Carcasses, parts thereof, and meat food products which, in any establishment at which inspection is maintained under this chapter, are prepared, wholly or in part, without supervision of an inspector as required by the secretary of the Animal Industry Board, or otherwise not in compliance with the regulations under this chapter, shall be handled or disposed of as the secretary may by regulations prescribe to prevent the use for human food of articles that are adulterated or misbranded.

Source: SL 1968, ch 158, § 11 (b).
S.D. Codified Laws § 39-7-7 — SD Code / Title 39 / Chapter 7 / Section 39-7-7
Injunction to prevent violations--Seizure of contraband products
Status: in_force

The provisions of this chapter may be enforced by injunction in any court having jurisdiction to grant injunctive relief, and artificial dairy products illegally held or otherwise involved in a violation of this chapter shall be subject to seizure and disposition in accordance with an appropriate court order.

Source: SL 1951, ch 114, § 6; SDC Supp 1960, § 22.05A05; SL 1987, ch 292, § 13.
S.D. Codified Laws § 39-11-12 — SD Code / Title 39 / Chapter 11 / Section 39-11-12
Conditions making eggs unfit for human food
Status: in_force

For the purposes of this chapter eggs shall be deemed unfit for human food if they show black rot, white rot, mixed rot, or if they be addled eggs, sour eggs, or eggs with green rot, eggs with stuck yolk, moldy eggs, or musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or under the blood ring stage), and any other eggs or egg products that are filthy, decomposed, or putrid.

Source: SL 1919, ch 208, § 1; SDC 1939, § 22.0801; SL 1949, ch 82, § 2; SDC Supp 1960, § 22.0802; redes. SDC Supp 1960, § 22.0803 by SL 1965, ch 105, § 3; SL 1972, ch 215, § 6.
S.D. Codified Laws § 39-8-12 — SD Code / Title 39 / Chapter 8 / Section 39-8-12
Conditions constituting misbranding of dessert or mix
Status: in_force

A frozen dessert or mix shall be deemed misbranded for purposes of this chapter:

(1) If its labeling is false or misleading in any manner;

(2) If it is offered for sale under the name of another food;

(3) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(4) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, caloric, and other dietary properties as the secretary of agriculture and natural resources determines to be necessary in order to fully inform purchasers as to its value for such uses;

(5) If it does not conform with the definitions, standards, or other requirements as set forth in this chapter or rules promulgated pursuant to chapter 1-26 for frozen desserts.

Source: SL 1937, ch 198, § 10; SDC 1939, § 22.0611; SL 1947, ch 95, § 3; SL 1965, ch 104, § 3 (j); SL 1986, ch 326, § 66; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-6-9 — SD Code / Title 39 / Chapter 6 / Section 39-6-9
Promulgation of rules
Status: in_force

The secretary of agriculture and natural resources may promulgate rules for Grade A milk and milk products, manufacturing grade milk, and raw milk for human consumption, pursuant to chapter 1-26 , relative to:

(1) Standards for adulterated or misbranded milk;

(2) Permits to produce or process;

(3) Labeling and packaging;

(4) Inspections of dairy farms and plants;

(5) Examinations of milk and milk products;

(6) Animal health requirements;

(7) Container usage;

(8) Uninspected milk;

(9) Farm and plant construction;

(10) Personal health standards;

(11) Sanitation standards;

(12) Production, processing, and distribution standards for Grade A pasteurized milk, fluid milk products, Grade A raw milk for pasteurization, manufacturing grade milk, and raw milk for human consumption;

(13) Procedures for certification of interstate milk shippers;

(14) Methods of making sanitation ratings of milk supplies; and

(15) Customer records.

Source: SL 1955, ch 67, § 3; SDC Supp 1960, § 4.2003; SL 1963, ch 8; SL 1986, ch 326, § 61; SL 1989, ch 348; SL 2015, ch 207, § 5; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-4-7 — SD Code / Title 39 / Chapter 4 / Section 39-4-7
False or misleading information in package or label constituting misbranding
Status: in_force

The term "misbranded" as used in this chapter, shall apply to all substances used as food or which enter into the composition of food, the package, or label of which shall bear any statement, design, or device regarding such substance or the ingredients contained therein which shall be false, deceptive, or misleading in any particular, and to any food product which is falsely branded as to the state, territory, or country in which it is manufactured or produced.

Source: SL 1905, ch 114, § 8; SL 1907, ch 151, § 8; SL 1909, ch 163, § 6; SL 1911, ch 13; SL 1917, ch 242, § 6; RC 1919, § 7809; SL 1923, ch 193; SDC 1939, § 22.0403.
S.D. Codified Laws § 39-1-2 — SD Code / Title 39 / Chapter 1 / Section 39-1-2
Disposition of fees received
Status: in_force

All fees received by the secretary of agriculture and natural resources or the Division of Commercial Inspection and Licensing pursuant to the provisions of this title shall be paid into the state treasury, as provided in this code, to the credit of the general fund.

Source: SL 1917, ch 242, § 20; RC 1919, § 7801; SDC 1939, § 22.0108; SL 2004, ch 17, § 279; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-13-7 — SD Code / Title 39 / Chapter 13 / Section 39-13-7
Contraband liquor to be registered before sale
Status: in_force

Any contraband alcoholic liquor which has been seized and turned over to the secretary of revenue for sale in accordance with law shall be registered as provided in this chapter before being sold, unless the same be of brands already registered, and registration fee shall be waived on all such goods.

Source: SDC 1939, § 22.0905 as added by SL 1945, ch 84, § 2; SL 1951, ch 105.
S.D. Codified Laws § 39-4-22 — SD Code / Title 39 / Chapter 4 / Section 39-4-22
Donation of food--Immunity from civil and criminal liability
Status: in_force

The good - faith donor of any perishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution, or a gleaner of any perishable food apparently fit for human consumption, is not subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor or gleaner.

Source: SL 1981, ch 288, § 1.
S.D. Codified Laws § 39-14-78 — SD Code / Title 39 / Chapter 14 / Section 39-14-78
Publication of information on commercial feeds--Contents
Status: in_force

The secretary of agriculture and natural resources shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed in the registration and on the label: Provided, that the information concerning production and use of commercial feeds shall not disclose the operations of any person.

Source: SL 1929, ch 238, § 13; SDC 1939, § 22.1001; SL 1964, ch 5, § 13; SDCL, § 39-14-30; SL 1970, ch 228, § 15; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-13 — SD Code / Title 39 / Chapter 5 / Section 39-5-13
Acts or transactions and carcasses, parts or meat food products regulated under Federal Wholesome Meat Act exempt
Status: in_force

The provisions of this chapter shall not apply to any act or transaction subject to exclusive regulation under the Federal Wholesome Meat Act.

The provisions shall not apply to carcasses, parts thereof or meat food products of livestock to the extent that they are subject to regulation under the Federal Wholesome Meat Act.

Source: SL 1968, ch 158, § 25.
S.D. Codified Laws § 39-4-17 — SD Code / Title 39 / Chapter 4 / Section 39-4-17
Exemption of articles intended for export
Status: in_force

No article shall be deemed to be misbranded or adulterated within the meaning of this chapter when intended for export to any foreign country and prepared and packed according to the specifications or directions of the foreign purchaser, if no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which such article is intended to be shipped; but if such article shall be in fact sold, or kept for sale, or offered for sale, for use, or consumption in this state then it shall be subject to all the provisions of this chapter.

Source: SL 1909, ch 163, § 2; SL 1917, ch 242, § 2; RC 1919, § 7806; SDC 1939, § 22.0407.
S.D. Codified Laws § 39-11-2 — SD Code / Title 39 / Chapter 11 / Section 39-11-2
License required for egg dealing or processing--Exceptions
Status: in_force

No person shall engage in the business of buying, selling, processing, candling, grading, packing, or distributing eggs in South Dakota without having first obtained such license as may be required under the provisions of this chapter except:

(1) Retailers buying eggs from dealers licensed under the provisions of this chapter exclusively;

(2) Producers selling and delivering their own production exclusively to consumers; and

(3) Grocery wholesalers distributing to retail outlets eggs purchased from dealers licensed under the provisions of this chapter.

Source: SL 1949, ch 82, § 1; SL 1953, ch 91; SDC Supp 1960, § 22.0801; redes. SDC Supp 1960, § 22.0802 by SL 1965, ch 105, § 2; SL 1975, ch 254, § 2.
S.D. Codified Laws § 39-8-11 — SD Code / Title 39 / Chapter 8 / Section 39-8-11
Conditions constituting adulteration of dessert or mix
Status: in_force

A frozen dessert or mix shall be deemed adulterated for purposes of this chapter:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health;

(2) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or if any substance has been substituted in part or in whole;

(3) If it does not conform with the definitions, standards, or other requirements as set forth for the same in this chapter or by rule promulgated pursuant to chapter 1-26 .

Source: SL 1937, ch 198, § 10; SDC 1939, § 22.0611; SL 1947, ch 95, § 3; SL 1965, ch 104, § 3 (i); SL 1986, ch 326, § 65.
S.D. Codified Laws § 39-5-26 — SD Code / Title 39 / Chapter 5 / Section 39-5-26
Misbranded carcass or meat food product defined--Cell-cultured protein
Status: in_force

For purposes of this chapter, the term "misbranded" applies to any carcass, part thereof, or meat food product under one or more of the following circumstances:

(1) If its labeling is false or misleading;

(2) If it is offered for sale under the name of another food;

(3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated;

(4) If its container is so made, formed, or filled as to be misleading;

(5) If in a package or other container, unless it bears a label showing:

(a) The name and place of business of the manufacturer, packer, or distributor; and

(b) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations may be permitted, and exemptions as to small packages may be established, by rules prescribed by the secretary of the Animal Industry Board;

(6) If any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed thereon with conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(7) If it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by rules of the secretary under § 39-5-28 unless:

(a) It conforms to the definition and standard; and

(b) Its label bears the name of the food specified in the definition and standard and, insofar as may be required by such rules, the common names of optional ingredients, other than spices, flavoring, and coloring, present in the food;

(8) If it purports to be or is represented as a food for which a standard of fill of container has been prescribed by rules of the secretary under § 39-5-28 , and it falls below the standard of fill of container applicable thereto, unless its label bears, in the manner and form as the rules specify, a statement that it falls below the standard;

(9) If it is not subject to the provisions of subdivision (7), unless its label bears:

(a) The common or usual name of the food, if any; and

(b) In case it is fabricated from two or more ingredients, the common or usual name of each ingredient, except that spices, flavorings, and colorings may, when authorized by the secretary, be designated as spices, flavorings, and colorings without naming each, provided that to the extent compliance with this subsection is impracticable, or results in deception or unfair competition, the secretary shall promulgate rules to establish exemptions;

(10) If it purports to be or is represented for special dietary uses, unless its label bears information concerning its vitamin, mineral, and other dietary properties as the secretary determines to be, and by rules prescribed as, necessary in order fully to inform purchasers as to its value for the uses;

(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact, provided that to the extent compliance with this requirement is impracticable, the secretary shall promulgate rules to establish exemptions;

(12) If it fails to bear, directly thereon or on its containers, as the secretary may by rules prescribe, the inspection legend and any other information as the secretary may require to effectuate the purposes of this chapter; or

(13) If it is, or contains, any cell-cultured protein and does not clearly state in a prominent and conspicuous manner the words “cell-cultured” or “lab-grown” in type of uniform size and prominence, immediately adjacent to the name of the food on the label.

For purposes of this section, "cell-cultured protein" means a product that is produced for use as human food, made wholly or in part from any cell culture or the DNA of a host animal, and grown or cultivated outside a live animal. This section does not apply to the process of embryo transfer in livestock.

Source: SL 1968, ch 158, § 1 (s); SL 2025, ch 168, § 1.
S.D. Codified Laws § 39-18-22 — SD Code / Title 39 / Chapter 18 / Section 39-18-22
Remedy deemed misbranded if distributed under name of another
Status: in_force

An animal remedy shall be deemed to be misbranded if it is distributed under the name of another animal remedy.

Source: SL 1966, ch 8, § 7 (d).
S.D. Codified Laws § 39-14-76 — SD Code / Title 39 / Chapter 14 / Section 39-14-76
Warning in lieu of prosecution for minor violations
Status: in_force

Nothing in this chapter shall be construed as requiring the secretary of agriculture and natural resources or his representative to:

(1) Report for prosecution; or

(2) Institute seizure proceedings; or

(3) Issue a withdrawal from distribution order,

Source: SL 1964, ch 5, § 12 (b); SDCL, § 39-14-35; SL 1970, ch 228, § 13 (2); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-44 — SD Code / Title 39 / Chapter 18 / Section 39-18-44
Withholding from sale of remedies not in compliance
Status: in_force

The secretary of agriculture and natural resources shall cause animal remedies, which are found or believed not to comply with this chapter to be withheld from sale pending compliance with such chapter.

Source: SL 1966, ch 8, § 11; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-13-6 — SD Code / Title 39 / Chapter 13 / Section 39-13-6
Retailers and dispensers not required to register previously registered product
Status: in_force

If the manufacturer or jobber secures a certificate of registration for a product, subsequent sellers, including retailers and dispensers, need not again secure a certificate for the same product, and no dispenser shall be required to register a product prepared for his own use from a product already registered under this chapter.

Source: SL 1937, ch 201, § 4; SDC 1939, § 22.0905; SL 1945, ch 84, § 2; SL 1951, ch 105.
S.D. Codified Laws § 39-1-10 — SD Code / Title 39 / Chapter 1 / Section 39-1-10
Access to premises and vehicles--Inspections, samples, and analyses
Status: in_force

The secretary of agriculture and natural resources, the secretary of public safety, and their assistants, for the purpose of obtaining information regarding suspected violations of the law and in order to enforce the provisions of this title, shall have access to all buildings and premises where any product governed by this title is or may be manufactured, stored, held, prepared, served, sold, or delivered, and to all cars, carriages, wagons, trucks, or other vehicles used in the transportation or delivery of any such product. They shall also have authority to inspect any barrel, case, package, bottle, box, can, carton, or other container and to open the same and take samples therefrom for analysis, upon payment of the market price thereof, and have the same analyzed to ascertain whether or not the contents of such container comply with the requirements of this title.

Source: SL 1917, ch 242, § 17; RC 1919, § 7795; SDC 1939, § 22.0103; SL 2004, ch 17, § 283; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-8-2 — SD Code / Title 39 / Chapter 8 / Section 39-8-2
Administration of chapter
Status: in_force

This chapter shall be administered by the secretary of agriculture and natural resources of the State of South Dakota, hereinafter referred to as the secretary.

Source: SL 1937, ch 198, § 11; SDC 1939, § 22.0602; SL 1965, ch 104, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-47.1 — SD Code / Title 39 / Chapter 14 / Section 39-14-47.1
Adulteration by unsafe color additive or new animal drug
Status: in_force

A commercial feed is adulterated if it is, or it bears, or contains any color additive that is unsafe within the meaning of section 706 of the Federal Food, Drug and Cosmetic Act as amended to January 1, 1993. A commercial feed is adulterated if it is, or it bears, or contains any new animal drug that is unsafe within the meaning of section 512 of the Federal Food, Drug and Cosmetic Act as amended to January 1, 1993.

Source: SL 1993, ch 304, § 16.
S.D. Codified Laws § 39-6-1 — SD Code / Title 39 / Chapter 6 / Section 39-6-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Department," the Department of Agriculture and Natural Resources;

(2) "Grade A milk," milk produced in accordance with the standards set forth in regulations promulgated pursuant to the authority granted in § 39-6-9 and that is not subject to the requirements for manufacturing grade milk or raw milk for human consumption;

(3) "Manufacturing grade milk," any milk or milk product that is produced for processing and manufacturing into products for human consumption in accordance with the standards set by rules promulgated pursuant to the authority granted in §§ 39-6-9 and 40-32-18 and that is not subject to the requirements for Grade A milk or raw milk for human consumption;

(4) "Milk," the lacteal secretion, practically free from colostrum, obtained by the milking of one or more healthy cows, that contains not less than eight and one-fourth percent solids-not-fat and not less than three and one-fourth percent milk fat;

(5) "Milk case" or "dairy case," any wire or plastic case or container that holds sixteen quarts or more of milk or milk products and is used by restaurants, retailers, or their agents as a means to transport, store, or carry milk or milk products;

(6) "Raw milk for human consumption," the lacteal secretion, practically free from colostrum, obtained by the milking of one or more healthy cows, goats, sheep, or other hooved mammals that has not been pasteurized or homogenized and is packaged for human consumption. The term also includes raw cream intended for human consumption;

(7) "Secretary," the secretary of agriculture and natural resources.

Source: SL 1955, ch 67, § 1; SDC Supp 1960, § 4.2001; SL 1963, ch 7; SL 1991, ch 330, § 1; SL 2015, ch 207, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-4-10 — SD Code / Title 39 / Chapter 4 / Section 39-4-10
Failure to list narcotics in label as misbranding
Status: in_force

For the purpose of this title a food product shall be deemed to be misbranded if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any such substance contained therein.

Source: SL 1907, ch 151, § 35; SL 1909, ch 163, § 6; SL 1911, ch 13; SL 1917, ch 242, § 6; RC 1919, § 7809 (2); SL 1923, ch 193; SDC 1939, § 22.0403 (2).
S.D. Codified Laws § 39-18-27 — SD Code / Title 39 / Chapter 18 / Section 39-18-27
Injurious substance in container constituting adulteration
Status: in_force

An animal remedy shall be deemed to be adulterated if its container is composed of any injurious or deleterious substance which may render it injurious to health.

Source: SL 1966, ch 8, § 6 (e).
S.D. Codified Laws § 39-15-4 — SD Code / Title 39 / Chapter 15 / Section 39-15-4
Unsanitary storage and dispensing conditions deemed adulteration
Status: in_force

For the purposes of this chapter a drug shall be deemed adulterated if the storeroom, prescription case, shelves, containers, or utensils used for dispensing drugs are not at all times kept in a clean and sanitary condition.

Source: SL 1921, ch 238; SDC 1939, § 22.1102 (3).
S.D. Codified Laws § 39-5-11.1 — SD Code / Title 39 / Chapter 5 / Section 39-5-11.1
License required for meat processors
Status: in_force

Any official establishment, slaughtering establishment, meat processing establishment, custom exempt plant, or retail store meat processor, as defined in § 39-5-6 , that is required to be inspected pursuant to §§ 39-5-15 , 39-5-16 , and 39-5-17 in order to operate under this chapter, shall obtain annually from the Animal Industry Board a license in accordance with rules promulgated by the Animal Industry Board pursuant to chapter 1-26 . Any person or entity applying for a license pursuant to this section shall pay a license fee to the Animal Industry Board as follows:

(1) The annual license fee for a slaughtering establishment is one hundred dollars;

(2) The annual license fee for a meat processing establishment is one hundred dollars;

(3) The annual license fee for a custom exempt plant is fifty dollars;

(4) The annual license fee for a retail store meat processor is twenty dollars;

(5) The annual license fee for any other official establishment required to be licensed under this section is fifty dollars.

Source: SL 1991, ch 329, § 3.
S.D. Codified Laws § 39-18-32 — SD Code / Title 39 / Chapter 18 / Section 39-18-32
False or misleading advertising prohibited--Restrictions on liability of advertising media
Status: in_force

No person shall disseminate any advertisement which is false or misleading in any respect, but no person or medium for the dissemination of any advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, is subject to the penalties for violations of this chapter, by reason of the dissemination by him of such false advertisement, unless he refused, on the request of the secretary of agriculture and natural resources to furnish the name and address of the manufacturer, packer, distributor, seller, or advertising agency which caused him to disseminate such advertisement.

Source: SL 1966, ch 8, § 10 (d); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-23 — SD Code / Title 39 / Chapter 5 / Section 39-5-23
Refusal or withdrawal of inspection--Grounds and procedure for action by secretary
Status: in_force

The secretary of the Animal Industry Board may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter), refuse to provide, or withdraw, inspection services under this chapter with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such services, that:

(1) Such applicant or recipient is unfit to engage in any business requiring inspection under this chapter because:

(a) The applicant or recipient (or in case the applicant or recipient is a partnership, any general partner; or in case the applicant or recipient is a corporation, any officer, director, or holder or owner of more than ten per centum of the voting stock) has, or has been responsibly connected with any person who has, committed an offense made criminal by this chapter, or has been convicted, in any federal, state, or local court, of any felony, or any violation of law designed to protect the public from unwholesome, adulterated, or misbranded food or from fraud, in connection with transactions in food; or

(b) Such applicant or recipient, or any person conducting a business with which such applicant or recipient was responsibly connected, had inspection services refused or withdrawn under this chapter for a period which has not expired; or

(2) The application for inspection contains a materially false or misleading statement made by the applicant for or recipient of the services, or its representative on its behalf, or there has been concealment or withholding of facts called for by the application form.

The secretary may also, after notice to the operator of the establishment, refuse to provide, or withdraw, inspection services under this chapter with respect to any establishment for any failure of the operator to maintain the establishment premises and facilities in a sanitary condition or to destroy condemned carcasses, parts thereof or meat food products as required, or other failure to conduct operations at the establishment in accordance with the requirements under this chapter. Such refusal or withdrawal shall terminate and inspection service shall be provided as soon as possible after the cause for such refusal or withdrawal has been corrected.

Source: SL 1968, ch 158, § 17.
S.D. Codified Laws § 39-4-21 — SD Code / Title 39 / Chapter 4 / Section 39-4-21
Seizure and condemnation of adulterated or misbranded food--Release on bond--Jury trial
Status: in_force

Any food product that is adulterated or misbranded within the meaning of this chapter, and is being transported from one point within this state to another point within this state or, having been so transported, remains unloaded, unsold, or in the original unbroken packages, and any such adulterated or misbranded product which is sold, kept for sale, or offered for sale in this state, shall be liable to be proceeded against by an action in the circuit court for the county where the same is found and seized for condemnation; and if such product be condemned as adulterated or misbranded or of a poisonous or deleterious character, within the meaning of this chapter, the same shall be disposed of by destruction or sale as the circuit court may direct, and the proceeds thereof, if sold, less the legal costs and charges shall be paid into the state treasury for the use of the public schools; provided that upon the payment of the costs and charges of such action for condemnation and the execution and delivery of a good and sufficient bond to the effect that such product shall not be sold or otherwise disposed of contrary to the laws of this state or the United States, or any state, territory, district, or insular possession of the United States, the court may direct that such product be delivered to the owner thereof. In any such action for condemnation either party may demand a trial by jury of any issue of fact joined in any such case, and all such actions shall be brought in the name of the State of South Dakota.

Source: SL 1909, ch 163, § 8; SL 1917, ch 242, § 8; RC 1919, § 7811; SDC 1939, § 22.0405.
S.D. Codified Laws § 39-15-5 — SD Code / Title 39 / Chapter 15 / Section 39-15-5
False label as to purity, effect, or contents as misbranding
Status: in_force

For the purposes of this chapter a drug shall be deemed to be misbranded if the package or label shall bear or contain any statement, design, or device regarding the purity or therapeutic effect of such article or any of the ingredients or substances contained therein, which is false or fraudulent; or which is false or misleading in any particular concerning the contents.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 4; RC 1919, § 7853; SDC 1939, § 22.1103 (1).
S.D. Codified Laws § 39-6-20 — SD Code / Title 39 / Chapter 6 / Section 39-6-20
Sale of substandard products prohibited
Status: in_force

It is a violation for any person to sell, offer, or expose for sale, any milk or milk products labeled Grade A, unless the milk or milk products have been produced and processed in accordance with the requirements of §§ 39-6-9 to 39-6-16 , inclusive, and the rules promulgated by the secretary of agriculture and natural resources in respect thereto.

Source: SL 1943, ch 9, § 15; SL 1955, ch 67, § 8; SDC Supp 1960, §§ 4.9912, 4.9918; SL 1977, ch 190, § 369; SL 2009, ch 201, § 1; SL 2010, ch 205, § 9; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-56 — SD Code / Title 39 / Chapter 14 / Section 39-14-56
Conditions constituting misbranding
Status: in_force

A commercial feed shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If it is distributed under the name of another commercial feed;

(3) If it is not labeled as required in § 39-14-54 or 39-14-55 ;

(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the secretary of agriculture and natural resources;

(5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

Source: SL 1964, ch 5, § 8; SDCL, § 39-14-16; SL 1970, ch 228, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-38 — SD Code / Title 39 / Chapter 18 / Section 39-18-38
Investigations pertinent to enforcement
Status: in_force

The secretary of agriculture and natural resources shall make all necessary investigations pertinent to the enforcement of this chapter.

Source: SL 1929, ch 238, § 13; SDC 1939, § 22.1001; SL 1964, ch 6, § 1; SL 1966, ch 8, § 8 (a); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-26 — SD Code / Title 39 / Chapter 18 / Section 39-18-26
Poisonous and deleterious substances constituting adulteration
Status: in_force

An animal remedy shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health under such conditions of use as are customary or usual.

Source: SL 1966, ch 8, § 6 (d).
S.D. Codified Laws § 39-18-15 — SD Code / Title 39 / Chapter 18 / Section 39-18-15
Label required on animal remedy--Contents
Status: in_force

Any animal remedy distributed in this state shall be accompanied by a legible label bearing the following information:

(1) The name and principal addresses of the manufacturer or person responsible for placing such animal remedy on the market;

(2) The name, brand, or trade - mark under which the animal remedy is sold;

(3) An accurate statement of the minimum net contents of the package, lot, or parcel, such contents stated by weight in the case of solids, by volume in the case of liquids, and by both count and weight or volume per dose in the case of dosage forms;

(4) The common or usual name and quantity of each active ingredient;

(5) Adequate directions for use;

(6) Adequate warnings against use in those conditions, whether pathological or normal, where its use may be dangerous to the health of animals, or against unsafe dosage, methods, or duration of methods, administration, or application, in such manner and form, as are necessary for the protection of animals.

Source: SL 1929, ch 238, § 6; SDC 1939, § 22.1003; SL 1945, ch 85; SL 1964, ch 6, § 3; SL 1965, ch 9, § 1; SL 1966, ch 8, § 5.
S.D. Codified Laws § 39-4-18 — SD Code / Title 39 / Chapter 4 / Section 39-4-18
Manufacture of adulterated or misbranded food as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to manufacture any article of food which is adulterated or misbranded within the meaning of this chapter.

Source: PenC 1877, § 453; CL 1887, § 6654; SL 1899, ch 89, § 28; RPolC 1903, § 2931; SL 1909, ch 163, § 1; SL 1917, ch 242, § 1; RC 1919, § 7805; SDC 1939, §§ 22.0406, 22.9904; SL 1977, ch 190, § 360.
S.D. Codified Laws § 39-5-21 — SD Code / Title 39 / Chapter 5 / Section 39-5-21
Condemnation and destruction of adulterated carcasses, parts, and meat food products--Reprocessing authorized
Status: in_force

All livestock carcasses, parts thereof and meat food products found by an inspector to be adulterated in any official establishment shall be condemned and shall if no appeal be taken from such determination of condemnation, be destroyed for human food purposes under the supervision of an inspector and in a manner prescribed by regulations of the secretary of the Animal Industry Board: Provided, that articles which may, by reprocessing, be made not adulterated, need not be so condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not adulterated.

Source: SL 1968, ch 158, § 3 (e).
S.D. Codified Laws § 39-1-16 — SD Code / Title 39 / Chapter 1 / Section 39-1-16
Petition to court for condemnation of seized or quarantined articles--Hearing and order
Status: in_force

Any person or officer seizing or quarantining contraband material pursuant to § 39-1-15 shall, within five days, petition the circuit court for the county in which such contraband material is found for condemnation of the material. The court shall thereupon make an order fixing a time and place of hearing and providing for reasonable notice thereof to the person in whose possession such contraband material was found. Upon hearing, the court shall determine whether such article of food or drug is in fact adulterated, misbranded, or otherwise illegal. If the court shall determine that such article is adulterated, misbranded, or otherwise illegal, it shall order that the same be condemned and destroyed or otherwise disposed of as the court shall direct.

Source: SDC 1939, § 22.0104 as added by SL 1949, ch 81, § 2; SDC Supp 1960, § 22.0104 (2).
S.D. Codified Laws § 39-14-61 — SD Code / Title 39 / Chapter 14 / Section 39-14-61
Publication required before adoption or change of rule or regulation--Automatic adoption of changes in national standards
Status: in_force

Before issuance, amendment, or repeal of any rule authorized by this chapter, the secretary of agriculture and natural resources shall publish the proposed rule, amendment, or notice to repeal an existing rule in accordance with § 1-26-4 . The provisions of this section notwithstanding, if the secretary, pursuant to the authority of this chapter, adopts official definitions of feed ingredients or official feed terms as adopted by the Association of American Feed Control Officials, or regulations promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, any amendment or modification adopted by that association or by the secretary of health and human services in the case of regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act shall be adopted automatically under this chapter without regard to the publication of the notice required by this section, unless the secretary, by order, specifically determines that the amendment or modification may not be adopted.

Source: SL 1964, ch 5, § 10; SDCL, § 39-14-22; SL 1970, ch 228, § 10 (2); SL 1986, ch 326, § 76; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-7-4.6 — SD Code / Title 39 / Chapter 7 / Section 39-7-4.6
Information on principal display panel--Type size
Status: in_force

Any artificial dairy product shall have on the principal display panel information which shall provide the major differences between the artificial dairy product and the dairy product it resembles. The information shall be in a type size which is at least twenty - five percent of the name of the artificial dairy product, but not less than one - eighth of an inch. This information shall include the difference in the fat or oil used and the major difference in the basic ingredients used to replace nonfat milk solids.

Source: SL 1987, ch 292, § 10.
S.D. Codified Laws § 39-7-6 — SD Code / Title 39 / Chapter 7 / Section 39-7-6
Administration and enforcement of chapter
Status: in_force

The secretary of agriculture and natural resources is authorized and directed to administer and supervise the enforcement of this chapter; to provide for such periodic inspections and investigations as he may deem necessary to disclose violations; to receive and provide for the investigation of complaints; and to provide for the institution and prosecution of civil or criminal actions or both.

Source: SL 1951, ch 114, § 6; SDC Supp 1960, § 22.05A05; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-11-9 — SD Code / Title 39 / Chapter 11 / Section 39-11-9
Candling required before payment of producers--Payment based on estimated value
Status: in_force

All eggs delivered by producers for sale must be candled before full payment therefor be made; provided, however, that before candling, the purchaser of such eggs may pay the producer up to ninety percent of the estimated value of such eggs as agreed upon between the purchaser and producer.

Source: SL 1949, ch 82, § 3; SL 1955, ch 68; SDC Supp 1960, § 22.0803; redes. SDC Supp 1960, § 22.0804 by SL 1965, ch 105, § 4.
S.D. Codified Laws § 39-18-40 — SD Code / Title 39 / Chapter 18 / Section 39-18-40
Procurement and analysis of samples--Official analysis as sole guide for administrative determinations
Status: in_force

The secretary of agriculture and natural resources or his agent may secure samples or specimens of any animal remedy after paying or offering to pay for them, and he shall make an examination or analysis of such samples to determine whether the provisions of this chapter are being violated. The secretary, in determining for administrative purposes whether an animal remedy is deficient in any component, shall be guided solely by the official sample obtained and analyzed as provided for above.

Source: SL 1929, ch 238, § 13; SDC 1939, § 22.1001; SL 1964, ch 6, § 1; SL 1966, ch 8, § 8 (c); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-16 — SD Code / Title 39 / Chapter 5 / Section 39-5-16
Ante-mortem inspection of livestock
Status: in_force

For the purpose of preventing the entry into or movement in intrastate commerce of any livestock carcass, part thereof, or meat food product which is adulterated and is capable of use as human food, the secretary of the Animal Industry Board shall cause ante - mortem inspection to be made of all livestock intended for slaughter in any establishment in this state where livestock are slaughtered solely for such commerce.

Source: SL 1968, ch 158, § 3 (a).
S.D. Codified Laws § 39-6-3 — SD Code / Title 39 / Chapter 6 / Section 39-6-3
Sale of raw milk at place where milk produced permitted
Status: in_force

Raw milk for human consumption may be secured or purchased for personal use by any consumer at the place or farm where the milk is produced and the milk may be delivered directly to the consumer by the producer. No raw milk for human consumption may be purchased at a farmers' market or farmer owned retail store that is not located at the place or farm where the milk is produced.

Source: SL 1955, ch 74, § 1; SL 1957, ch 94; SDC Supp 1960, § 4.2008; SL 1977, ch 190, § 367; SL 2010, ch 205, § 1; SL 2015, ch 207, § 3.
S.D. Codified Laws § 39-13-16 — SD Code / Title 39 / Chapter 13 / Section 39-13-16
Representation of product as honey as petty offense if not pure honey from bees
Status: in_force

It is a petty offense for any person to package or bottle any product and label the product as honey or imitation honey or to use the word honey in any prominent location on the label of such product and to sell or offer for sale any product which is labeled as honey or imitation honey or which contains a label with the word honey, or any picture, drawing, or decal implying honey, prominently displayed thereon, unless such product is pure honey manufactured by honeybees.

Source: SL 1974, ch 271, §§ 1, 2; SDCL Supp, § 39-13-17 ; SL 1977, ch 190, § 390.
S.D. Codified Laws § 39-18-19 — SD Code / Title 39 / Chapter 18 / Section 39-18-19
Remedy deemed misbranded if label misleading
Status: in_force

An animal remedy shall be deemed to be misbranded if the labeling is false or misleading in any particular.

Source: SL 1966, ch 8, § 7 (a).
S.D. Codified Laws § 39-4-25 — SD Code / Title 39 / Chapter 4 / Section 39-4-25
Definitions
Status: in_force

Terms, as used in §§ 39-4-22 to 39-4-24 , inclusive, mean:

(1) "Gleaner" a person that harvests for free distribution an agricultural crop that has been donated by the owner;

(2) "Perishable food" any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. The term includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits, or vegetables and foods that have been packaged, canned, refrigerated, or frozen.

Source: SL 1981, ch 288, § 4.
S.D. Codified Laws § 39-18-47 — SD Code / Title 39 / Chapter 18 / Section 39-18-47
Destruction of article found adulterated or misbranded--Costs and expenses
Status: in_force

If the court finds that a detained animal remedy is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the defendant under the supervision of the secretary of agriculture and natural resources or his agent; all court costs and fees, and storage and other proper expenses, shall be levied against the defendant or his agent.

Source: SL 1966, ch 8, § 11 (c); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-38 — SD Code / Title 39 / Chapter 5 / Section 39-5-38
Seizure and condemnation of articles or animals in violation--Procedure for disposal of articles or animals
Status: in_force

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,

Source: SL 1968, ch 158, § 19.
S.D. Codified Laws § 39-5-25 — SD Code / Title 39 / Chapter 5 / Section 39-5-25
Regulation of entry and handling of equine carcasses and products or other meat food products in official establishments
Status: in_force

If required by rules promulgated pursuant to chapter 1-26 by the secretary, equines and their carcasses, parts thereof, and meat food products shall be prepared in establishments separate from the establishments in which cattle, bison, sheep, swine, goats, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary are slaughtered or their carcasses, parts thereof, or meat food products are prepared. The secretary may by rules promulgated pursuant to chapter 1-26 otherwise limit the entry of carcasses, parts of carcasses, meat food products, and other materials into any establishment at which inspection under this chapter is maintained, under such conditions as the secretary may prescribe to assure that allowing the entry of such articles into inspected establishments will be consistent with the purposes of this chapter.

Source: SL 1968, ch 158, § 11 (a); SL 1996, ch 248, § 4.
S.D. Codified Laws § 39-1-11 — SD Code / Title 39 / Chapter 1 / Section 39-1-11
Assistance to be rendered--Refusal of assistance as violation
Status: in_force

All proprietors, clerks, bookkeepers, or other persons in any way dealing in any product governed by this title and all express agents and all employees of railroads or other common carriers shall render to the secretary of agriculture and natural resources, the secretary of public safety, and their authorized assistants all aid within their power in discovering any such products which may be suspected of being in violation of this title, and all records appertaining thereto. Any refusal or neglect on the part of such proprietors, clerks, bookkeepers, or other persons in any way dealing in any such product, or any express agent or employee of a railroad or other common carrier, to render such friendly aid shall be a violation of this title and shall be punishable as provided in § 39-1-8 .

Source: SL 1917, ch 242, § 17; RC 1919, § 7795; SDC 1939, § 22.0103; SL 2004, ch 17, § 284; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-23 — SD Code / Title 39 / Chapter 18 / Section 39-18-23
Remedy deemed misbranded if recommended dosage is dangerous
Status: in_force

An animal remedy shall be deemed to be misbranded if it is dangerous to the health of animals when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling of such remedy.

Source: SL 1966, ch 8, § 7 (e).
S.D. Codified Laws § 39-14-43 — SD Code / Title 39 / Chapter 14 / Section 39-14-43
Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food
Status: in_force

An inspection fee established in rules promulgated by the secretary of agriculture and natural resources pursuant to chapter 1-26 , but not to exceed twenty-four cents per ton, shall be paid on commercial feeds distributed in this state by the person who distributes the commercial feed to the consumer subject to the following:

(1) No fee need be paid on a commercial feed if the payment has been made by a previous distributor;

(2) No fee need be paid on customer-formula feeds;

(3) No fee need be paid on commercial feeds used as ingredients for the manufacture of commercial feeds provided the fee has been paid by a previous distributor. If the fee has been paid, credit is given for the payment;

(4) In the case of a pet food which is distributed in the state only in packages of ten pounds or less, an annual fee of ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above;

(5) In the case of a specialty pet food which is distributed in the state only in packages of ten pounds or less, an annual fee of ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above; and

(6) The minimum inspection fee shall be twenty dollars per twelve-month period.

Source: SDC 1939, § 22.1004; SL 1941, ch 96; SL 1943, ch 87, § 1; SL 1947, ch 97, § 1; SL 1964, ch 5, § 6 (a); SL 1966, ch 7; SDCL § 39-14-18; SL 1970, ch 228, § 9 (1); SL 1977, ch 314; SL 1981, ch 286, § 9; SL 1993, ch 304, § 13; SL 2001, ch 215, § 32; SL 2017, ch 43, § 9; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-55 — SD Code / Title 39 / Chapter 14 / Section 39-14-55
Labeling requirements for customer-formula feed
Status: in_force

A customer - formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document bearing the following information:

(1) Name and address of the manufacturer;

(2) Name and address of the purchaser;

(3) Date of delivery;

(4) The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture, and the net weight of each other ingredient used;

(5) Adequate directions for use for all customer - formula feeds containing drugs and for such other feeds as the secretary of agriculture and natural resources may require by rule promulgated pursuant to the provisions of chapter 1-26 as necessary for their safe and effective use; and

(6) Such warning or caution statements as the secretary of agriculture and natural resources by rule promulgated pursuant to the provisions of chapter 1-26 determines are necessary for the safe and effective use of the customer - formula feed.

Source: SL 1964, ch 5, § 5 (c); SDCL, § 39-14-14; SL 1970, ch 228, § 5 (2); SL 1986, ch 326, § 74; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-23.2 — SD Code / Title 39 / Chapter 5 / Section 39-5-23.2
Humane methods of slaughtering
Status: in_force

Either of the following two methods of slaughtering of livestock and handling of livestock in connection with slaughter are found to be humane:

(1) In the case of cattle, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary, the animals are rendered insensible to pain by a single blow or gunshot or by electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast or cut; or

(2) By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering.

Source: SL 1981, ch 289, § 2; SL 1996, ch 248, § 3.
S.D. Codified Laws § 39-5-15 — SD Code / Title 39 / Chapter 5 / Section 39-5-15
Application for inspection services
Status: in_force

Persons desiring to operate under this chapter shall apply to the secretary of the Animal Industry Board on forms approved and provided by the secretary. The application shall include the name and address of the establishment, type of establishment, type of building, number of employees, complete description of the plant facilities, equipment, the day of the week, and the hours of the day when the official plant is in operation and such other information as the secretary may require.

Source: SL 1968, ch 158, § 23.
S.D. Codified Laws § 39-5-19 — SD Code / Title 39 / Chapter 5 / Section 39-5-19
Cost of inspection--Rates for overtime, night, and holiday work
Status: in_force

The cost of inspection rendered under this chapter shall be borne by this state except as otherwise provided in § 39-5-10 and except that the cost of overtime, night, and holiday work performed in establishments subject to the provisions of this chapter at such rates as the secretary of the Animal Industry Board may determine shall be borne by such establishments. Sums received by the secretary in reimbursement of sums paid out by him for such premium pay work shall be available without fiscal year limitations to carry out the purposes of this chapter.

Source: SL 1968, ch 158, § 24.
S.D. Codified Laws § 39-11-15 — SD Code / Title 39 / Chapter 11 / Section 39-11-15
Violation of chapter as petty offense
Status: in_force

A violation of any provision of this chapter is a petty offense.

Source: SL 1919, ch 208, § 8; SDC 1939, § 22.9915; SL 1949, ch 82, § 7; SDC Supp 1960, § 22.9928; SL 1965, ch 105, § 8; SL 1977, ch 190, § 375.
S.D. Codified Laws § 39-5-9 — SD Code / Title 39 / Chapter 5 / Section 39-5-9
Power of secretary to administer oaths and require attendance of witnesses--Self-incrimination privilege of witnesses
Status: in_force

For purposes of the administration of this chapter, the secretary of the Animal Industry Board shall have power to administer oaths and affirmations and take depositions and to require by subpoena the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation or the subject of any hearing. Obedience to such subpoenas may be compelled by the circuit court of South Dakota. No natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any matter concerning which he may be compelled to testify or produce evidence in obedience to a subpoena of the secretary, after claiming his privilege against self - incrimination; except for perjury committed in so testifying.

Source: SL 1968, ch 158, § 21 (c).
S.D. Codified Laws § 39-8-8 — SD Code / Title 39 / Chapter 8 / Section 39-8-8
Labeling of desserts sold in packages
Status: in_force

Frozen desserts sold in package form as final delivery containers shall be labeled with:

(1) Name of the product;

(2) The name and address of the manufacturer or distributor and the word manufacturer or distributor whichever is applicable;

(3) The size of the container in terms of pints, quarts, or gallons. Containers of less than one pint shall be in terms of net fluid ounces.

Source: SL 1933, ch 161, § 4; SL 1937, ch 198, §§ 6, 9; SDC 1939, §§ 22.0608, 22.0609; SL 1951, ch 104, § 3; SL 1965, ch 104, § 4 (b).
S.D. Codified Laws § 39-6-2 — SD Code / Title 39 / Chapter 6 / Section 39-6-2
Sale of packaged or dispenser milk below Grade A or raw milk without license and permit as misdemeanor
Status: in_force

It is a Class 2 misdemeanor to sell bottled, cartoned, or dispenser milk for human consumption other than Grade A milk or raw milk for human consumption from a producer who meets the requirements of § 39-6-3.1 .

Source: SL 1955, ch 74, § 1; SL 1957, ch 94; SDC Supp 1960, § 4.2008; SL 1977, ch 190, § 366; SL 2015, ch 207, § 2.
S.D. Codified Laws § 39-7-4.1 — SD Code / Title 39 / Chapter 7 / Section 39-7-4.1
Sale or possession of artificial dairy products not meeting labeling requirements as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person, firm, or corporation, its employee or agent, or as the employee or agent of another, to knowingly manufacture, sell, exchange, or possess an artificial dairy product which does not adhere to the labeling requirements for artificial dairy products in §§ 39-7-4.2 to 39-7-4.4 , inclusive.

Source: SL 1987, ch 292, § 5.
S.D. Codified Laws § 39-5-41 — SD Code / Title 39 / Chapter 5 / Section 39-5-41
Principal or employer liable for acts or omissions of agent or employee
Status: in_force

When construing or enforcing the provisions of this chapter, the act, omission, or failure of any person acting for or employed by an individual, partnership, limited liability company, corporation, association, or other business unit, within the scope of employment or office, shall in every case be deemed the act, omission, or failure of such individual, partnership, limited liability company, corporation, association, or other business unit, as well as of such person.

Source: SL 1968, ch 158, § 15; SL 1994, ch 351, § 93.
S.D. Codified Laws § 39-15-9 — SD Code / Title 39 / Chapter 15 / Section 39-15-9
Exemption of drugs intended for export--Provisions applicable if sold domestically
Status: in_force

No drug shall be deemed misbranded or adulterated, within the meaning of this chapter, when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser, if no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which such drug is intended to be shipped; but if such drug shall be in fact sold or offered for sale for domestic use or consumption, it shall be subject to all the provisions of this chapter.

Source: SL 1909, ch 180, § 1; RC 1919, § 7850; SDC 1939, § 22.1105.
S.D. Codified Laws § 39-18-17 — SD Code / Title 39 / Chapter 18 / Section 39-18-17
Alteration or destruction of label prohibited--Other acts resulting in misbranding
Status: in_force

No person shall alter, mutilate, destroy, obliterate, or remove any part of the labeling of any animal remedy if such acts result in such animal remedy being misbranded, or do any other act, while such animal remedy is being held for sale, which results in the misbranding of such article.

Source: SL 1966, ch 8, § 10 (h).