S.D. Codified Laws § 39-18-3 — SD Code / Title 39 / Chapter 18 / Section 39-18-3
Registration required for distribution of remedy
Status: in_force

Before being distributed in South Dakota, each animal remedy shall be registered by the manufacturer or the person responsible for distributing the animal remedy.

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 (a); SL 1987, ch 294, § 1; SL 2017, ch 43, § 12.
S.D. Codified Laws § 39-13-8 — SD Code / Title 39 / Chapter 13 / Section 39-13-8
Labeling and quality standards applicable
Status: in_force

The requirements for labeling and standards of purity and quality of all beverages and beverage concentrates and flavors included in this chapter shall be the same as those required under the food and drug statutes of this state.

Source: SL 1937, ch 201, § 2; SDC 1939, § 22.0904.
S.D. Codified Laws § 39-4-24 — SD Code / Title 39 / Chapter 4 / Section 39-4-24
Food not readily marketable--Immunity provisions applicable--Regulation
Status: in_force

Sections 39-4-22 to 39-4-25 , inclusive, include the good - faith donation of perishable food not readily marketable due to appearance, freshness, grade, surplus, or other considerations but does not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.

Source: SL 1981, ch 288, § 3.
S.D. Codified Laws § 39-11-16 — SD Code / Title 39 / Chapter 11 / Section 39-11-16
Stop-sale order on products in violation--Effect
Status: in_force

If the secretary of agriculture and natural resources or his authorized representative shall determine, after inspection, that any lot of eggs or egg products is in violation of this chapter he may issue a stop - sale order on such lot or lots of eggs and promptly notify the owner or custodian of such order, such order shall specify the reason for its issuance. A stop - sale order shall prohibit the further marketing of such eggs until released by the secretary or his authorized agent.

Source: SDC Supp 1960, § 22.0806 as added by SL 1965, ch 105, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-5 — SD Code / Title 39 / Chapter 18 / Section 39-18-5
Application for registration--Contents
Status: in_force

Any person may make application for the registration of any animal remedy by filing with the secretary of agriculture and natural resources, on forms furnished by him, a statement with respect to such animal remedy setting forth:

(1) The name and principal address of the manufacturer or person responsible for placing such animal remedy on the market with the name and address of the person to whom the correspondence should be addressed;

(2) The name, brand, or trademark under which the animal remedy will be sold.

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 (b); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-35 — SD Code / Title 39 / Chapter 18 / Section 39-18-35
Enforcement of chapter--Rules and regulations--Notice and hearing on regulations
Status: in_force

The secretary of agriculture and natural resources is hereby charged with the enforcement of this chapter, and may promulgate rules pursuant to chapter 1-26 pertaining to the labeling, inspection, sampling, analysis, storage, distribution, registration, manufacturing, production, preparation, and packaging of animal remedies.

Source: SDC 1939, § 22.1006 as added by SL 1949, ch 83; SL 1964, ch 6, § 6; SL 1966, ch 8, § 9; SL 1986, ch 326, § 82; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-7-4.2 — SD Code / Title 39 / Chapter 7 / Section 39-7-4.2
Statement "artificial dairy product" indicated on package or container--Type size
Status: in_force

The statement, "artificial dairy product," shall be indicated in the upper thirty percent of the principal display panel of the package or container of an artificial dairy product. The statement may not be less than one - half of the size of the product name, but in no event smaller than one - quarter of an inch or eighteen point type, and shall be of similar type, style and color.

Source: SL 1987, ch 292, § 6.
S.D. Codified Laws § 39-18-25 — SD Code / Title 39 / Chapter 18 / Section 39-18-25
Putrid and decomposed substances constituting adulteration
Status: in_force

An animal remedy shall be deemed to be adulterated if it consists in whole or in part of any filthy, putrid, or decomposed substance.

Source: SL 1966, ch 8, § 6 (c).
S.D. Codified Laws § 39-14-73 — SD Code / Title 39 / Chapter 14 / Section 39-14-73
Judicial review of administrative actions--Form of proceeding
Status: in_force

Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this chapter may within forty - five days thereafter bring action in the circuit court, county of Hughes, for judicial review of such actions. The form of the proceeding shall be any which may be provided by statutes of this state to review decisions of administrative agencies, or in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.

Source: SL 1964, ch 5, § 12 (e); SDCL, § 39-14-23; SL 1970, ch 228, § 13 (5).
S.D. Codified Laws § 39-14-46 — SD Code / Title 39 / Chapter 14 / Section 39-14-46
Adulteration by poisonous or deleterious substances
Status: in_force

A commercial feed shall be deemed to be adulterated 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 commercial feed shall not be considered adulterated under this section if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health.

Source: SL 1964, ch 5, § 7; SDCL, § 39-14-17 (1); SL 1970, ch 228, § 7 (1) (a).
S.D. Codified Laws § 39-13-14 — SD Code / Title 39 / Chapter 13 / Section 39-13-14
Identification and examination of samples collected
Status: in_force

All samples collected shall be sealed and marked with identifying marks in the presence of the dealer or person from whom taken, and shall be promptly forwarded to the director of laboratories for examination. It shall be the duty of the director of laboratories to examine all samples submitted under the provisions of this chapter and to report results promptly to the secretary of revenue in the case of alcoholic beverages or to the Division of Commercial Inspection and Licensing in other cases.

Source: SL 1937, ch 201, § 6; SDC 1939, § 22.0901; SL 2004, ch 17, § 291; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 39-7-1 — SD Code / Title 39 / Chapter 7 / Section 39-7-1
Purpose of chapter
Status: in_force

The purpose of this chapter is to protect the public from confusion, fraud, and deception; to prohibit practices inimical to the general welfare; and to promote the orderly and fair marketing of essential foods.

Source: SL 1951, ch 114, § 2; SDC Supp 1960, § 22.05A02; SL 1987, ch 292, § 1.
S.D. Codified Laws § 39-8-4 — SD Code / Title 39 / Chapter 8 / Section 39-8-4
Sanitation standards for plant operations
Status: in_force

The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 to establish minimum standards of sanitation for the operation of a frozen dessert plant concerning:

(1) Washing, cleaning, maintenance, and condition of floors, walls, and ceilings of all rooms directly connected with the handling, processing, and storage of frozen desserts, and the equipment used therein, including mobile equipment used in transportation of frozen dessert products;

(2) Health and cleanliness of personnel;

(3) Cleanliness and sanitation of surrounding premises;

(4) Disposal of all waste and sewage material;

(5) Insect and rodent control.

Source: SL 1933, ch 161, § 6; SL 1937, ch 198, § 8; SDC 1939, § 22.0606; SL 1965, ch 104, § 7; SL 1986, ch 326, § 63; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-13-5 — SD Code / Title 39 / Chapter 13 / Section 39-13-5
Time for annual registration--Expiration
Status: in_force

The application for registration required by § 39-13-3 shall be made and the registration fee shall be paid annually during the month of December of every year or prior to placing such alcoholic beverage on the market, and each registration shall expire December thirty - first next following its issuance.

Source: SL 1937, ch 201, § 4; SDC 1939, § 22.0905; SL 1945, ch 84, § 2; SL 1951, ch 105; SL 1977, ch 313, § 2.
S.D. Codified Laws § 39-18-10 — SD Code / Title 39 / Chapter 18 / Section 39-18-10
Refusal to register product of no value--Suspension or revocation for flagrant violation
Status: in_force

The secretary of agriculture and natural resources may refuse to issue any certificate of registration for an animal remedy to any applicant if available facts indicate that the product proposed for registration is of negligible or no value for the correcting, alleviating, or mitigating animal injuries or diseases for which it is intended, or he may suspend or revoke any registration for flagrant violation of this chapter.

Source: SL 1966, ch 8, § 4 (i); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-39 — SD Code / Title 39 / Chapter 14 / Section 39-14-39
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Brand name," any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others;

(2) "Commercial feed," any material except unmixed seed, whole or processed, if not adulterated within the meaning of §§ 39-14-46 to 39-14-52 , inclusive, which is distributed for use as feed or for mixing in feed;

(3) "Contract feeder," a person who as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished, or otherwise provided to the person and whereby the person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product;

(4) "Customer formula feed," commercial feed which consists of a mixture of commercial feeds and feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser;

(5) "Distribute," to offer for sale, sell, exchange, or barter, commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder;

(6) "Distributor," any person who distributes;

(7) "Drug," any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man, and articles other than feed intended to affect the structure or any function of the animal body;

(8) "Feed ingredient," each of the constituent materials making up a commercial feed;

(9) "Label," a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;

(10) "Labeling," all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrappers or accompanying a commercial feed;

(11) "Manufacture," to grind, mix, or blend, or further process a commercial feed for distribution;

(12) "Mineral feed," a commercial feed intended to supply primarily mineral elements or inorganic nutrients;

(13) "Official sample," a sample of commercial feed taken by the secretary of agriculture and natural resources or his agent in accordance with the provisions of § 39-14-62 , 39-14-66 , or 39-14-67 ;

(14) "Percent" or "percentages," percentages by weights;

(15) "Pet," any domesticated animal normally maintained in or near the household of the owner of the animal;

(16) "Pet food," any commercial feed prepared and distributed for consumption by dogs and cats;

(17) "Product name," the name of the commercial feed which identifies it as to kind, class, or specific use;

(18) "Specialty pet," any domesticated animal pet normally maintained in a cage or tank, such as gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles;

(19) "Specialty pet food," a commercial feed prepared and distributed for consumption by specialty pets; and

(20) "Ton," a net weight of two thousand pounds avoirdupois.

Source: SL 1911, ch 238, §§ 1, 2; SL 1913, ch 332; RC 1919, § 7892; SL 1929, ch 238, § 1; SDC 1939, § 22.1002; SL 1964, ch 5, § 3; SDCL, § 39-14-1; SL 1970, ch 228, § 3; SL 1993, ch 304, § 6; SL 2021, ch 1 (Ex.Ord. 21-3), § 51, eff. April 19, 2021.
S.D. Codified Laws § 39-18-2 — SD Code / Title 39 / Chapter 18 / Section 39-18-2
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 1929, ch 238, § 13; SDC 1939, § 22.1001; SL 1964, ch 6, § 1; SL 1966, ch 8, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-42 — SD Code / Title 39 / Chapter 5 / Section 39-5-42
Notice of report of violation by secretary to state's attorney--Warning notice by secretary authorized
Status: in_force

Before any violation of this chapter is reported by the secretary of the Animal Industry Board to the state's attorney of any county of this state for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the secretary to report for criminal prosecution violations of this chapter, whenever he believes that the public interest will be adequately served and compliance with this chapter obtained by a suitable written notice of warning.

Source: SL 1968, ch 158, § 16.
S.D. Codified Laws § 39-4-11 — SD Code / Title 39 / Chapter 4 / Section 39-4-11
Quantity and packer to be shown in label--Variation and tolerances
Status: in_force

For the purpose of this title a food product shall be deemed to be misbranded if in package form and the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count, together with the name and address of the real manufacturer or jobber or other person responsible for placing the product upon the market; however, reasonable variations as to the quantity of the contents of package shall be permitted, and tolerance and exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of § 39-1-4 .

Source: SL 1907, ch 151, § 35; SL 1909, ch 163, § 6; SL 1911, ch 13; SL 1917, ch 242, § 6; RC 1919, § 7809 (3); SL 1923, ch 193; SDC 1939, § 22.0403 (3); SL 1966, ch 65.
S.D. Codified Laws § 39-18-33 — SD Code / Title 39 / Chapter 18 / Section 39-18-33
Sale of unrefrigerated biological products prohibited
Status: in_force

No person shall sell or offer to sell any biological product that has not been kept in refrigeration under conditions prescribed by the rules and regulations promulgated and adopted by the secretary of agriculture and natural resources.

Source: SL 1966, ch 8, § 10 (j); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-7 — SD Code / Title 39 / Chapter 18 / Section 39-18-7
Classification by secretary as commercial feed or animal remedy
Status: in_force

The secretary of agriculture and natural resources may determine whether a preparation intended for animal use and subject to registration shall be registered as a commercial feed or as an animal remedy.

Source: SL 1966, ch 8, § 4 (h); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-39.1 — SD Code / Title 39 / Chapter 5 / Section 39-5-39.1
Sale of diseased carcass for human consumption as felony
Status: in_force

Any person who violates the provisions of § 39-5-34 by knowingly selling or offering for sale carcasses or parts of carcasses of diseased animals for human consumption is guilty of a Class 6 felony.

Source: SL 1983, ch 285.
S.D. Codified Laws § 39-4-12 — SD Code / Title 39 / Chapter 4 / Section 39-4-12
Franchised beverages exempt from quantity labeling requirement--Statement required of manufacturer or distributor
Status: in_force

In the case of beverages that are manufactured, distributed, and sold under a franchise or trademark name indicated thereon, whereby the person, firm, or corporation owning the franchise or trademark has control over the distribution, such beverages may be exempt from § 39-4-11 , if a certified statement is filed with the Division of Commercial Inspection and Licensing, on forms provided for that purpose, stating the name and address of the manufacturer or distributor, the list of each ingredient, and a statement signed by the manufacturer or distributor that they assume all responsibility and liability for the product named, which is being sold, or offered for sale, under such name within the area of the state designated, designating the area by municipalities and communities, in compliance with this chapter.

Source: SDC 1939, § 22.0403 (3) as added by SL 1966, ch 65; SL 1992, ch 60, § 2; SL 2004, ch 17, § 288.
S.D. Codified Laws § 39-14-41.1 — SD Code / Title 39 / Chapter 14 / Section 39-14-41.1
Copies of labels and labeling
Status: in_force

The secretary may request from a license applicant or licensee, copies of labels and labeling in order to determine compliance with the provisions of this chapter.

Source: SL 1993, ch 304, § 11.
S.D. Codified Laws § 39-5-18 — SD Code / Title 39 / Chapter 5 / Section 39-5-18
Inspections made by or under supervision of veterinary inspectors
Status: in_force

The inspections required by §§ 39-5-16 , 39-5-17 , and 39-5-20 to 39-5-22 , inclusive, shall be made by veterinary inspectors or by other inspectors under the supervision of veterinary inspectors.

Source: SL 1968, ch 158, § 3 (d).
S.D. Codified Laws § 39-1-14 — SD Code / Title 39 / Chapter 1 / Section 39-1-14
Contraband articles subject to condemnation
Status: in_force

Any article of food or drug which is adulterated, misbranded, or otherwise illegal is hereby declared contraband and subject to condemnation and disposal as provided in §§ 39-1-15 and 39-1-16 .

Source: SDC 1939, § 22.0104 as added by SL 1949, ch 81, § 2; SDC Supp 1960, § 22.0104 (2).
S.D. Codified Laws § 39-18-30 — SD Code / Title 39 / Chapter 18 / Section 39-18-30
Manufacture or sale of adulterated or misbranded remedy prohibited
Status: in_force

No person shall manufacture, sell, deliver, hold, or offer for sale any animal remedy that is adulterated or misbranded.

Source: SL 1966, ch 8, § 10 (b).
S.D. Codified Laws § 39-14-48 — SD Code / Title 39 / Chapter 14 / Section 39-14-48
Adulteration by unsafe food additives
Status: in_force

A commercial feed shall be deemed to be adulterated if it is, or it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act.

Source: SL 1970, ch 228, § 7 (1) (c).
S.D. Codified Laws § 39-5-29 — SD Code / Title 39 / Chapter 5 / Section 39-5-29
False or misleading marking or labeling or misleading container prohibited
Status: in_force

No article subject to this chapter shall be sold or offered for sale or donated by any person in this state, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the secretary of the Animal Industry Board are permitted.

Source: SL 1968, ch 158, § 5 (c).
S.D. Codified Laws § 39-14-43.1 — SD Code / Title 39 / Chapter 14 / Section 39-14-43.1
Deposits in animal disease research and diagnostic laboratory bond redemption and operations fund
Status: in_force

An amount equal to seventy-four dollars per product on pet food and eighty-six dollars and fifty cents per product on specialty pet food, as provided in § 39-14-43 , shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund established by § 40-3-30 . The money shall be transferred to the general fund coinciding with the general fund bond payments for the State Animal Disease Research and Diagnostic Laboratory, as well as annual maintenance, operations, and repair of the State Animal Disease Research and Diagnostic Laboratory.

Source: SL 2017, ch 43, § 10.
S.D. Codified Laws § 39-1-1 — SD Code / Title 39 / Chapter 1 / Section 39-1-1
Administration of chapters by Department of Agriculture and Natural Resources--General enforcement powers
Status: in_force

The Department of Agriculture and Natural Resources through its secretary, and such other agents and employees as it may assign thereto shall be in general charge of the administration and enforcement of chapters 39-1 , 39-6 to 39-8 , inclusive, 39-1 1, 39-1 4, 39-1 5 and 39-1 8, except in cases where a different intention plainly appears. It shall have and may exercise all of its general powers and duties of visitation, inspection, examination, access to property and places therefor, prosecution, rule and regulation making, requiring cooperation and aid of other agencies of government, for the purpose of administering and enforcing the provisions of this title, as the same are prescribed in Title 38 or as specifically prescribed in this title and as otherwise prescribed by law.

Source: SL 1925, ch 115, ch III, art V, § 1; SL 1935, ch 97, § 8; SL 1937, ch 102, § 2; SDC 1939, § 22.0101; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-4-9 — SD Code / Title 39 / Chapter 4 / Section 39-4-9
Deception as to place of origin as misbranding--Reuse of original package
Status: in_force

For the purpose of this title a food product shall be deemed to be misbranded if it be so labeled or branded as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package.

Source: SL 1905, ch 114, § 8; SL 1907, ch 151, § 8; SL 1909, ch 163, § 6; SL 1917, ch 242, § 6; RC 1919, § 7809 (2); SL 1923, ch 193; SDC 1939, § 22.0403 (2).
S.D. Codified Laws § 39-6-16 — SD Code / Title 39 / Chapter 6 / Section 39-6-16
Hearing required before revocation of permit--Suspension pending hearing--Stop-sale order in lieu of suspension
Status: in_force

No permit shall be revoked prior to the hearing provided in § 39-6-15 , but a permit may be suspended prior to such time and said suspension shall be in full force and effect until the hearing at which time the secretary of agriculture and natural resources shall make his final determination; however, in lieu of suspending the permit the secretary or his duly authorized agent may place a stop - sale order upon a single pasteurized product which does not meet the minimum standards fixed for such product.

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 § 39-6-11 — SD Code / Title 39 / Chapter 6 / Section 39-6-11
Inspectors for Grade A premises and plants--Assistance to producers and processors
Status: in_force

The secretary of agriculture and natural resources shall provide an adequate inspection force of trained and qualified persons for the inspection of milk, milk products, and the premises and plants where milk and milk products are produced, handled, and processed. Such inspectors shall acquaint the producers and processors with the requirements necessary to bring farm and plants to the state of compliance which will qualify their products for a Grade A label.

Source: SL 1955, ch 67, § 4; SDC Supp 1960, § 4.2004; SL 1985, ch 15, § 52; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-13-9 — SD Code / Title 39 / Chapter 13 / Section 39-13-9
Cleansing and sterilizing of containers
Status: in_force

All bottles and other small containers in which the beverages defined in § 39-13-1 are put up by manufacturers or bottlers shall be cleansed and sterilized before being filled.

Source: SL 1937, ch 201, § 2; SDC 1939, § 22.0904.
S.D. Codified Laws § 39-1-5 — SD Code / Title 39 / Chapter 1 / Section 39-1-5
Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded
Status: in_force

The secretary of agriculture and natural resources or the secretary of public safety, when performing the functions described in § 39-1-1.1 , may, when in his judgment such action will promote honesty and fair dealing in the interest of consumers, adopt rules establishing for any food, under its common or usual name so far as practicable, a reasonable standard of identity and purity. If a standard for a food has been established by the administrator of the Federal Food, Drug, and Cosmetic Act of 1938, the secretary of agriculture and natural resources or the secretary of public safety shall adopt that standard for this state. The standards shall become effective in conformity with chapter 1-26 . An article of food which does not conform to such standards is adulterated or misbranded as the case may be.

Source: SDC 1939, § 22.0102 as added by SL 1949, ch 81, § 1; SDC Supp 1960, § 22.0102 (1); SL 1987, ch 29, § 68; SL 2004, ch 17, § 281; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 41, eff. Apr. 20, 2015; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-5-30 — SD Code / Title 39 / Chapter 5 / Section 39-5-30
Determination and modification by secretary of false or misleading marking, labeling, or container--Hearing on determination
Status: in_force

If the secretary of the Animal Industry Board has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this chapter is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the secretary, such person may request a hearing, but the use of the marking, labeling, or containers shall, if the secretary so directs, be withheld pending hearing and final determination by the secretary. Any such determination by the secretary shall be conclusive unless, within the time prescribed by § 1-26-31 , the person adversely affected thereby appeals to the circuit court of South Dakota.

Source: SL 1968, ch 158, § 5 (d).
S.D. Codified Laws § 39-7-8 — SD Code / Title 39 / Chapter 7 / Section 39-7-8
Citation of chapter
Status: in_force

This chapter may be cited as the South Dakota Artificial Dairy Products Act.

Source: SL 1951, ch 114, § 1; SDC Supp 1960, § 22.05A01; SL 1987, ch 292, § 14.
S.D. Codified Laws § 39-4-8 — SD Code / Title 39 / Chapter 4 / Section 39-4-8
Imitation or unauthorized use of distinctive name as misbranding
Status: in_force

For the purpose of this title a food product shall be deemed to be misbranded if it be an imitation of or offered for sale under the distinctive name of any other food product.

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 (1); SL 1923, ch 193; SDC 1939, § 22.0403 (1).
S.D. Codified Laws § 39-14-62 — SD Code / Title 39 / Chapter 14 / Section 39-14-62
Access of departmental personnel to premises and records
Status: in_force

For the purpose of the enforcement of this chapter, the secretary of agriculture and natural resources or his duly designated agent may enter upon any public or private premises, including any vehicle of transport, during regular business hours to have access to, to obtain samples of and to examine records relating to distribution of commercial feeds. Such procedures may be established by rules promulgated pursuant to the provisions of chapter 1-26 .

Source: SL 1964, ch 5, § 9 (a); SDCL, § 39-14-25; SL 1970, ch 228, § 11 (5); SL 1986, ch 326, § 77; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-18-31 — SD Code / Title 39 / Chapter 18 / Section 39-18-31
False guaranty prohibited--Reliance on guaranty by another
Status: in_force

No person shall give a guaranty which is false, except a person who relied on a guaranty to the same effect signed by, and containing the name and address of, the person from whom he received the animal remedy in good faith.

Source: SL 1966, ch 8, § 10 (g).
S.D. Codified Laws § 39-11-10 — SD Code / Title 39 / Chapter 11 / Section 39-11-10
Candling and grading records required of licensee--Open for examination
Status: in_force

Every licensee under this chapter shall keep such candling and grading records as may be required by the rules and regulations of the secretary of agriculture and natural resources, which records shall be open at all times for examination by the secretary or his duly authorized representatives.

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 § 39-6-12 — SD Code / Title 39 / Chapter 6 / Section 39-6-12
Field service provided by processor to assist producers and supervise processing
Status: in_force

Each processor shall provide adequate and continuous field service to assist the producers who sell their milk to the processor's plant and to supervise the operations within the processing plant to attain and maintain compliance with Grade A requirements.

Source: SL 1955, ch 67, § 4; SDC Supp 1960, § 4.2004; SL 2010, ch 205, § 5.
S.D. Codified Laws § 39-13-15 — SD Code / Title 39 / Chapter 13 / Section 39-13-15
Publication of analyses and information
Status: in_force

The secretary of revenue with respect to alcoholic beverages, and the Division of Commercial Inspection and Licensing with respect to other products within the purview of this chapter, shall have authority to publish analyses and to gather and disseminate useful information for the benefit of the public.

Source: SL 1937, ch 201, § 8; SDC 1939, § 22.0901; SL 2004, ch 17, § 292; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 39-18-49 — SD Code / Title 39 / Chapter 18 / Section 39-18-49
Report of violations to prosecuting authorities
Status: in_force

The secretary of agriculture and natural resources shall report violations of this chapter to the proper prosecuting authorities.

Source: SL 1966, ch 8, § 14 (b); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-81 — SD Code / Title 39 / Chapter 14 / Section 39-14-81
Rules covering exemption from chapter
Status: in_force

The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 to exempt from the definition of "commercial feed" in § 39-14-39 , or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds, or substances if such commodities, compounds, or substances are not mixed with other materials and are not adulterated within the meaning of §§ 39-14-45 to 39-14-52 , inclusive.

Source: SL 1993, ch 304, § 7; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-14-60 — SD Code / Title 39 / Chapter 14 / Section 39-14-60
Promulgation of rules for commercial feeds and pet foods
Status: in_force

The secretary of agriculture and natural resources may promulgate rules, pursuant to chapter 1-26 , for commercial feeds and pet foods:

(1) To provide procedures for registration of commercial feed;

(2) To provide procedures for contested case hearings and commercial feed registration amendments;

(3) To provide guidelines for commercial feed records;

(4) To provide guidelines for commercial feed good manufacturing practices;

(5) To establish weed seed adulteration limits;

(6) To establish labeling standards for commercial feed;

(7) To establish customer-formula feed directions and warning and caution statements for labels; and

(8) To provide procedures for entry into premises and access to records by department personnel for the purpose of inspecting commercial feed manufacturing practices.

In the interest of uniformity, the secretary by rule shall consider and may adopt the regulations, official definition of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization and any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301, et seq.), provided that the secretary may under this chapter promulgate such rules.

Source: SL 1964, ch 5, § 10; SDCL § 39-14-22; SL 1970, ch 228, § 10 (1); SL 1986, ch 326, § 75; SL 2001, ch 222, § 2; SL 2018, ch 246, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-13-11 — SD Code / Title 39 / Chapter 13 / Section 39-13-11
Manufacture, sale, or possession of adulterated or misbranded alcoholic beverage as petty offense--Compliance with federal labeling requirements
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 alcoholic beverage that is adulterated or misbranded or not registered within the meaning of this chapter. For the purposes of this chapter, an alcoholic beverage is adulterated if it contains any ingredient prohibited by the food and drug statutes of this state or if it does not conform to standards otherwise established by state law for such product, and is misbranded when not plainly marked, labeled, or otherwise designated as prescribed by rule promulgated by the secretary of revenue pursuant to chapter 1-26 and by state law regulating the labeling of foods. However, compliance with the uniform labeling regulations established by the federal secretary of the treasury is in compliance with the labeling requirements of this chapter.

Source: SL 1905, ch 121, § 1; SL 1937, ch 201, § 1; SDC 1939, § 22.0903; SL 1977, ch 190, § 388; SL 1977, ch 313, § 4; SL 1987, ch 82, § 56.
S.D. Codified Laws § 39-13-3 — SD Code / Title 39 / Chapter 13 / Section 39-13-3
Registration required for sale of alcoholic beverage--Application for registration
Status: in_force

Before any alcoholic beverage can be sold, exposed for sale, or held with intent to sell within this state, the manufacturer, importer, or jobber shall make application to the secretary of revenue for registration of the product and shall accompany the application with the correct registration fee as prescribed in § 39-13-4 and with duplicate labels used for each product for which registration is sought. Application shall be made on forms prescribed and supplied by the secretary of revenue.

Source: SL 1937, ch 201, § 4; SDC 1939, § 22.0905; SL 1945, ch 84, § 2; SL 1951, ch 105; SL 1977, ch 313, § 1.
S.D. Codified Laws § 39-1-12 — SD Code / Title 39 / Chapter 1 / Section 39-1-12
Interference with official performance of duty as misdemeanor
Status: in_force

Any person who in any manner hinders, obstructs, or interferes with the secretary of agriculture and natural resources, the secretary of public safety, or any one of their deputies, inspectors, or employees, in the performance of any duty under the provisions of this title, is guilty of a Class 2 misdemeanor.

Source: SL 1917, ch 242, § 23; RC 1919, § 7800; SDC 1939, § 22.9902; SL 1977, ch 190, § 347; SL 2004, ch 17, § 285; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 39-1-13 — SD Code / Title 39 / Chapter 1 / Section 39-1-13
Inspections and reports required of police officers--Payment of expenses
Status: in_force

The secretary of agriculture and natural resources, the secretary of public safety, or their agents or assistants by written or oral notice may require any police officer to inspect any place or product subject to the supervision of such secretary of agriculture and natural resources or secretary of public safety under the provisions of this title, to determine whether its provisions are being complied with and to report the result of such inspection in accordance with the rules of the Department of Agriculture and Natural Resources or of the division. All actual and necessary expenses, if any, incurred in connection with such inspection shall be paid by the civil township, county, or municipality in which it is made.

Source: SL 1913, ch 215, § 3; SL 1913, ch 238, § 23; SL 1915, ch 215, § 23; RC 1919, § 7798; SDC 1939, § 22.0104; SL 1949, ch 81, § 2; SDC Supp 1960, § 22.0104 (1); SL 1992, ch 60, § 2; SL 2004, ch 17, § 286; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.