reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-19 - Reporting to attorney general.

38-35-19. Reporting to attorney general.
The attorney general shall annually collect and compile information, statistical and otherwise, which will, as far as practicable, present an accurate survey and may be useful in the study of the effect legalizing industrial hemp has had on controlled substance and marijuana prosecutions in this state, including the extent and character of alleged crimes not prosecuted or dismissed, the operations of police in drug investigations, the charging discretion of prosecuting attorneys, and the administration of criminal justice due to the legalization of industrial hemp. All information collected under this section shall be reported annually to the Governor and Legislature by December first each year.
Source:
SL 2020, ch 176, § 19, eff. Mar. 27, 2020.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-20 - Coordination with other government entities.

38-35-20. Coordination with other government entities.
The department, Department of Health, and Department of Public Safety may provide to another state, local, tribal, or federal government entity, any specific licensee or permittee information as may be necessary to verify the legality or compliance of any licensee or permitee under this chapter. Application for, and receipt of, a license or permit under this chapter serves as the applicant's consent to provide information without prior notice or disclosure to the applicant that the information will be or has been shared.
Source:
SL 2020, ch 176, § 20, eff. Mar. 27, 2020.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.

38-35-21. Industrial hemp for smoking prohibited--Violation as misdemeanor.
The sale or use of industrial hemp for smoking or inhaling is prohibited. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2020, ch 176, § 21, eff. Mar. 27, 2020.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-22 - Industrial hemp used in wildlife food plots.

38-35-22. Industrial hemp used in wildlife food plots.
Industrial hemp used in wildlife food plots not intended to be harvested must be sampled by November 1 of the year planted. No cannabidiol varieties shall be grown for the purpose of wildlife food plots.
Source:
SL 2022, ch 155, §17, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 38 - Agriculture and Horticulture › Chapter 35 - Industrial Hemp › Section 38-35-23 - Prohibition on industrial hemp and marijuana being commingled.

38-35-23. Prohibition on industrial hemp and marijuana being commingled.
No industrial hemp may be grown, stored, or transported concurrently with marijuana. A violation of this section is a Class 2 misdemeanor.
Source:
SL 2022, ch 155, §18, eff. Mar. 18, 2022.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-1 - Administration of chapters by Department of Agriculture and Natural Resources--General enforcement powers.

39-1-1. Administration of chapters by Department of Agriculture and Natural Resources--General enforcement powers.
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, 39-11, 39-14, 39-15 and 39-18, 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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-1.1 - Division of Legal and Regulatory Services functions.

39-1-1.1. Division of Legal and Regulatory Services functions.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-2 - Disposition of fees received.

39-1-2. Disposition of fees received.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-3 - Source of payment for expenses of enforcement.

39-1-3. Source of payment for expenses of enforcement.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-4 - Promulgation of rules--Enforcement.

39-1-4. Promulgation of rules--Enforcement.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-5 - Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded.

39-1-5. Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-6 - Distribution of bulletins containing standards, definitions, rules, and regulations--Payment of cost.

39-1-6. Distribution of bulletins containing standards, definitions, rules, and regulations--Payment of cost.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-7 - Prohibited contracts void--Action on contract prohibited.

39-1-7. Prohibited contracts void--Action on contract prohibited.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-8 - Violation of title as misdemeanor.

39-1-8. Violation of title as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-9 - Responsibility of employer for act or omission of agent or employee.

39-1-9. Responsibility of employer for act or omission of agent or employee.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-10 - Access to premises and vehicles--Inspections, samples, and analyses.

39-1-10. Access to premises and vehicles--Inspections, samples, and analyses.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-11 - Assistance to be rendered--Refusal of assistance as violation.

39-1-11. Assistance to be rendered--Refusal of assistance as violation.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-12 - Interference with official performance of duty as misdemeanor.

39-1-12. Interference with official performance of duty as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-13 - Inspections and reports required of police officers--Payment of expenses.

39-1-13. Inspections and reports required of police officers--Payment of expenses.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-14 - Contraband articles subject to condemnation.

39-1-14. Contraband articles subject to condemnation.
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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-15 - Seizure or quarantine of contraband articles--Tagging and marking--Removal as petty offense.

39-1-15. Seizure or quarantine of contraband articles--Tagging and marking--Removal as petty offense.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-16 - Petition to court for condemnation of seized or quarantined articles--Hearing and order.

39-1-16. Petition to court for condemnation of seized or quarantined articles--Hearing and order.
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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 01 - Enforcement Powers And General Provisions › Section 39-1-17 - Preemption of local regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide.

39-1-17. Preemption of local regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-1 - Food defined.

39-4-1. Food defined.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-2 - Conditions constituting adulteration of food .

39-4-2. Conditions constituting adulteration of food.
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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-3 - Ingredients constituting adulteration of confectionery.

39-4-3. Ingredients constituting adulteration of confectionery.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-3.1 - Confection or candy containing less than one-half of one percent alcohol by weight permitted.

39-4-3.1. Confection or candy containing less than one-half of one percent alcohol by weight permitted.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › 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.

39-4-3.2. Alcoholic beverage licensee permitted to sell confection or candy containing one-half of one percent alcohol by weight or more.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › 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.

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.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-4 - Unlawful food additives--Prohibited use as misdemeanor.

39-4-4. Unlawful food additives--Prohibited use as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-5 - Labeling required for preservatives added--Violation as misdemeanor.

39-4-5. Labeling required for preservatives added--Violation as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-7 - False or misleading information in package or label constituting misbranding.

39-4-7. False or misleading information in package or label constituting misbranding.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-8 - Imitation or unauthorized use of distinctive name as misbranding.

39-4-8. Imitation or unauthorized use of distinctive name as misbranding.
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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-9 - Deception as to place of origin as misbranding--Reuse of original package.

39-4-9. Deception as to place of origin as misbranding--Reuse of original package.
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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-10 - Failure to list narcotics in label as misbranding.

39-4-10. Failure to list narcotics in label as misbranding.
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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-11 - Quantity and packer to be shown in label--Variation and tolerances.

39-4-11. Quantity and packer to be shown in label--Variation and tolerances.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-12 - Franchised beverages exempt from quantity labeling requirement--Statement required of manufacturer or distributor.

39-4-12. Franchised beverages exempt from quantity labeling requirement--Statement required of manufacturer or distributor.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-13 - False labeling as to ingredients as misbranding.

39-4-13. False labeling as to ingredients as misbranding.
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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-14 - Additional labeling required for special dietary foods.

39-4-14. Additional labeling required for special dietary foods.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-15 - Exemption of articles marketed under distinctive name--Compounds, imitations, and blends.

39-4-15. Exemption of articles marketed under distinctive name--Compounds, imitations, and blends.
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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 04 - Adulterated And Misbranded Foods › Section 39-4-16 - Disclosure of trade formulas not required.

39-4-16. Disclosure of trade formulas not required.
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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.