reglab/housing_qa huggingface dataset:
SD Codified L § 39-4-17 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 04 - Adulterated And Misbranded Foods|Section 39-4-17 - Exemption of articles intended for export.

39-4-17. Exemption of articles intended for export.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.
SD Codified L § 39-4-18 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 04 - Adulterated And Misbranded Foods|Section 39-4-18 - Manufacture of adulterated or misbranded food as misdemeanor.

39-4-18. Manufacture of adulterated or misbranded food as misdemeanor.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.
SD Codified L § 39-4-19 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 04 - Adulterated And Misbranded Foods|Section 39-4-19 - Transportation of adulterated or misbranded foods as misdemeanor.

39-4-19. Transportation of adulterated or misbranded foods as misdemeanor.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.
SD Codified L § 39-4-20 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 04 - Adulterated And Misbranded Foods|Section 39-4-20 - Reliance by dealer on guaranty by wholesaler or manufacturer--Contents of guaranty.

39-4-20. Reliance by dealer on guaranty by wholesaler or manufacturer--Contents of guaranty.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.
SD Codified L § 39-4-21 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 04 - Adulterated And Misbranded Foods|Section 39-4-21 - Seizure and condemnation of adulterated or misbranded food--Release on bond--Jury trial.

39-4-21. Seizure and condemnation of adulterated or misbranded food--Release on bond--Jury trial.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.
SD Codified L § 39-4-22 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 04 - Adulterated And Misbranded Foods|Section 39-4-22 - Donation of food--Immunity from civil and criminal liability.

39-4-22. Donation of food--Immunity from civil and criminal liability.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.
SD Codified L § 39-4-23 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 04 - Adulterated And Misbranded Foods|Section 39-4-23 - Distribution of food without charge by charitable or nonprofit organization--Immunity.

39-4-23. Distribution of food without charge by charitable or nonprofit organization--Immunity.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.
SD Codified L § 39-4-24 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 04 - Adulterated And Misbranded Foods|Section 39-4-24 - Food not readily marketable--Immunity provisions applicable--Regulation.

39-4-24. Food not readily marketable--Immunity provisions applicable--Regulation.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.
SD Codified L § 39-4-25 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 04 - Adulterated And Misbranded Foods|Section 39-4-25 - Definitions.

39-4-25. Definitions.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.
SD Codified L § 39-4-26 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 04 - Adulterated And Misbranded Foods|Section 39-4-26 - Misbranding as meat food product, meat by-product, or poultry.

39-4-26. Misbranding as meat food product, meat by-product, or poultry.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.
SD Codified L § 39-5-5 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-5 - Sign and labeling required for sale of imported meat--Misdemeanor.

39-5-5. Sign and labeling required for sale of imported meat--Misdemeanor.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.
SD Codified L § 39-5-7 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-7 - Enforcement of chapter by secretary through inspectors and employees of Animal Industry Board.

39-5-7. Enforcement of chapter by secretary through inspectors and employees of Animal Industry Board.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.
SD Codified L § 39-5-8 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-8 - Rules and regulations of secretary--Reports required--Conformity of rules to Federal Wholesome Meat Act.

39-5-8. Rules and regulations of secretary--Reports required--Conformity of rules to Federal Wholesome Meat Act.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).
SD Codified L § 39-5-9 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-9 - Power of secretary to administer oaths and require attendance of witnesses--Self-incrimination privilege of witnesses.

39-5-9. Power of secretary to administer oaths and require attendance of witnesses--Self-incrimination privilege of witnesses.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).
SD Codified L § 39-5-10 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-10 - Cooperation by secretary with federal, state or local agencies--Acceptance of federal aid.

39-5-10. Cooperation by secretary with federal, state or local agencies--Acceptance of federal aid.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.
SD Codified L § 39-5-11 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-11 - Exemptions from inspection and preparation provisions.

39-5-11. Exemptions from inspection and preparation provisions.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.
SD Codified L § 39-5-11.1 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-11.1 - License required for meat processors.

39-5-11.1. License required for meat processors.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.
SD Codified L § 39-5-11.2 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-11.2 - Continuing education for meat processor.

39-5-11.2. Continuing education for meat processor.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.
SD Codified L § 39-5-12 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-12 - Withdrawal or denial of exemption by secretary.

39-5-12. Withdrawal or denial of exemption by secretary.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).
SD Codified L § 39-5-13 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-13 - Acts or transactions and carcasses, parts or meat food products regulated under Federal Wholesome Meat Act exempt.

39-5-13. Acts or transactions and carcasses, parts or meat food products regulated under Federal Wholesome Meat Act exempt.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.
SD Codified L § 39-5-14 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-14 - Adulterated carcass, part, or meat food product defined.

39-5-14. Adulterated carcass, part, or meat food product defined.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).
SD Codified L § 39-5-15 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-15 - Application for inspection services.

39-5-15. Application for inspection services.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.
SD Codified L § 39-5-16 (2021)
2021 South Dakota Codified Laws|Title 39 - Food and Drugs|Chapter 05 - Meat And Meat Products|Section 39-5-16 - Ante-mortem inspection of livestock.

39-5-16. Ante-mortem inspection of livestock.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).