reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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).
2023 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.
2023 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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-17 - Post-mortem inspection of carcasses and parts--Inspection of meat food products.

39-5-17. Post-mortem inspection of carcasses and parts--Inspection of meat food products.
For the purpose stated in §39-5-16, whenever slaughtering or other operations are being conducted in any establishment in this state in which carcasses, parts thereof, or meat food products capable of use as human food are prepared solely for intrastate commerce, the secretary of the Animal Industry Board shall cause post-mortem inspection to be made of the carcasses and parts thereof of each animal slaughtered and shall cause an inspection to be made of all meat food products prepared in such establishment.
Source:
SL 1968, ch 158, §3 (b).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-18 - Inspections made by or under supervision of veterinary inspectors.

39-5-18. Inspections made by or under supervision of veterinary inspectors.
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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-19 - Cost of inspection--Rates for overtime, night, and holiday work.

39-5-19. Cost of inspection--Rates for overtime, night, and holiday work.
The cost of inspection rendered under this chapter shall be borne by this state except as otherwise provided in §39-5-10 and except that the cost of overtime, night, and holiday work performed in establishments subject to the provisions of this chapter at such rates as the secretary of the Animal Industry Board may determine shall be borne by such establishments. Sums received by the secretary in reimbursement of sums paid out by him for such premium pay work shall be available without fiscal year limitations to carry out the purposes of this chapter.
Source:
SL 1968, ch 158, §24.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-20 - Quarantine, segregation, and reinspection of livestock, carcasses and parts, and meat food products.

39-5-20. Quarantine, segregation, and reinspection of livestock, carcasses and parts, and meat food products.
The secretary of the Animal Industry Board shall also cause, at any time, such quarantine, segregation, and reinspection of livestock, livestock carcasses and parts thereof, and meat food products in any such establishments as he deems necessary to effectuate the purposes of this chapter.
Source:
SL 1968, ch 158, §3 (c).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-21 - Condemnation and destruction of adulterated carcasses, parts, and meat food products--Reprocessing authorized.

39-5-21. Condemnation and destruction of adulterated carcasses, parts, and meat food products--Reprocessing authorized.
All livestock carcasses, parts thereof and meat food products found by an inspector to be adulterated in any official establishment shall be condemned and shall if no appeal be taken from such determination of condemnation, be destroyed for human food purposes under the supervision of an inspector and in a manner prescribed by regulations of the secretary of the Animal Industry Board: Provided, that articles which may, by reprocessing, be made not adulterated, need not be so condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not adulterated.
Source:
SL 1968, ch 158, §3 (e).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-22 - Appeal from condemnation determination--Inspection and costs--Destruction of articles.

39-5-22. Appeal from condemnation determination--Inspection and costs--Destruction of articles.
If any appeal be taken from a determination under §39-5-21, the articles shall be appropriately marked and segregated pending completion of an appeal inspection, which shall be at the cost of the appellant if the secretary of the Animal Industry Board determines that the appeal is frivolous. If the determination of condemnation is sustained, the articles shall be destroyed for human food purposes in accordance with §39-5-21.
Source:
SL 1968, ch 158, §3 (e).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-23 - Refusal or withdrawal of inspection--Grounds and procedure for action by secretary.

39-5-23. Refusal or withdrawal of inspection--Grounds and procedure for action by secretary.
The secretary of the Animal Industry Board may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter), refuse to provide, or withdraw, inspection services under this chapter with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such services, that:
(1)Such applicant or recipient is unfit to engage in any business requiring inspection under this chapter because:
(a)The applicant or recipient (or in case the applicant or recipient is a partnership, any general partner; or in case the applicant or recipient is a corporation, any officer, director, or holder or owner of more than ten per centum of the voting stock) has, or has been responsibly connected with any person who has, committed an offense made criminal by this chapter, or has been convicted, in any federal, state, or local court, of any felony, or any violation of law designed to protect the public from unwholesome, adulterated, or misbranded food or from fraud, in connection with transactions in food; or
(b)Such applicant or recipient, or any person conducting a business with which such applicant or recipient was responsibly connected, had inspection services refused or withdrawn under this chapter for a period which has not expired; or
(2)The application for inspection contains a materially false or misleading statement made by the applicant for or recipient of the services, or its representative on its behalf, or there has been concealment or withholding of facts called for by the application form.
The secretary may also, after notice to the operator of the establishment, refuse to provide, or withdraw, inspection services under this chapter with respect to any establishment for any failure of the operator to maintain the establishment premises and facilities in a sanitary condition or to destroy condemned carcasses, parts thereof or meat food products as required, or other failure to conduct operations at the establishment in accordance with the requirements under this chapter. Such refusal or withdrawal shall terminate and inspection service shall be provided as soon as possible after the cause for such refusal or withdrawal has been corrected.
Source:
SL 1968, ch 158, §17.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-23.1 - Inhumane slaughtering--Refusal or suspension of inspection.

39-5-23.1. Inhumane slaughtering--Refusal or suspension of inspection.
For the purpose of preventing the inhumane slaughtering of livestock, the secretary of the Animal Industry Board shall examine and inspect the method by which cattle, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this chapter. The secretary may refuse to provide inspection to a new slaughtering establishment or temporarily suspend inspection at a slaughtering establishment if the secretary finds that any cattle, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary have been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with §39-5-23.2, until the establishment furnishes assurances satisfactory to the secretary that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such a method.
Source:
SL 1981, ch 289, §1; SL 1996, ch 248, §2.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-23.2 - Humane methods of slaughtering.

39-5-23.2. Humane methods of slaughtering.
Either of the following two methods of slaughtering of livestock and handling of livestock in connection with slaughter are found to be humane:
(1)In the case of cattle, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary, the animals are rendered insensible to pain by a single blow or gunshot or by electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast or cut; or
(2)By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering.
Source:
SL 1981, ch 289, §2; SL 1996, ch 248, §3.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-24 - Facilities and sanitary practices of establishments operated in accordance with regulations of secretary--Inspection of carcasses, parts, or meat food products required for admittance into establishment.

39-5-24. Facilities and sanitary practices of establishments operated in accordance with regulations of secretary--Inspection of carcasses, parts, or meat food products required for admittance into establishment.
Each establishment at which livestock are slaughtered or livestock carcasses or parts thereof or meat food products are prepared solely for intrastate commerce shall have such premises, facilities, and equipment, and be operated in accordance with such sanitary practices, as are required by regulations prescribed by the secretary of the Animal Industry Board for the purpose of preventing the entry into and movement in such commerce of carcasses, parts thereof, and meat food products, which are adulterated. No livestock carcasses, parts thereof, or meat food products shall be admitted into such establishment unless they have been prepared only under inspection pursuant to this chapter or the Federal Wholesome Meat Act or imported in compliance with the latter act.
Source:
SL 1968, ch 158, §4.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-25 - Regulation of entry and handling of equine carcasses and products or other meat food products in official establishments.

39-5-25. Regulation of entry and handling of equine carcasses and products or other meat food products in official establishments.
If required by rules promulgated pursuant to chapter 1-26 by the secretary, equines and their carcasses, parts thereof, and meat food products shall be prepared in establishments separate from the establishments in which cattle, bison, sheep, swine, goats, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary are slaughtered or their carcasses, parts thereof, or meat food products are prepared. The secretary may by rules promulgated pursuant to chapter 1-26 otherwise limit the entry of carcasses, parts of carcasses, meat food products, and other materials into any establishment at which inspection under this chapter is maintained, under such conditions as the secretary may prescribe to assure that allowing the entry of such articles into inspected establishments will be consistent with the purposes of this chapter.
Source:
SL 1968, ch 158, §11 (a); SL 1996, ch 248, §4.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-27 - Labeling and marking of carcasses, parts, meat food products or containers required.

39-5-27. Labeling and marking of carcasses, parts, meat food products or containers required.
All carcasses, parts of carcasses, and meat food products inspected at any establishment under the authority of this chapter and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the secretary of the Animal Industry Board may require, the information required under §39-5-26.
Source:
SL 1968, ch 158, §5 (a).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-28 - Labeling and marking styles and sizes of type--Definitions and standards of identity or composition and standards of fill of container prescribed by secretary.

39-5-28. Labeling and marking styles and sizes of type--Definitions and standards of identity or composition and standards of fill of container prescribed by secretary.
The secretary of the Animal Industry Board, whenever he determines such action is necessary for the protection of the public, may prescribe:
(1)The styles and sizes of type to be used in marking and labeling any articles or animals subject to this chapter, and
(2)Definitions and standards of identity or composition for articles subject to this chapter, and fill of container for such articles.
Source:
SL 1968, ch 158, §5 (b).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-29 - False or misleading marking or labeling or misleading container prohibited.

39-5-29. False or misleading marking or labeling or misleading container prohibited.
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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-30 - Determination and modification by secretary of false or misleading marking, labeling, or container--Hearing on determination.

39-5-30. Determination and modification by secretary of false or misleading marking, labeling, or container--Hearing on determination.
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).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-31 - Meat processors and related industries subject to regulation by secretary.

39-5-31. Meat processors and related industries subject to regulation by secretary.
The secretary of the Animal Industry Board may by regulations prescribe conditions under which carcasses, parts of carcasses, and meat food products of livestock capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, transporting, or otherwise handling such articles in this state, whenever the secretary deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer.
Source:
SL 1968, ch 158, §7.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-32 - Meat and meat products not to be used for human consumption--Denaturing or identification as inedible required.

39-5-32. Meat and meat products not to be used for human consumption--Denaturing or identification as inedible required.
Inspection shall not be provided under this chapter at any establishment for the slaughter of livestock, or the preparation of any carcasses or parts or products of livestock, which are not intended for use as human food, but such articles shall, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the secretary of the Animal Industry Board to deter their use for human food. No person shall sell, donate, transport, or offer or receive for sale or transportation, in this state any such carcasses, parts thereof, or meat food products which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the secretary or are naturally inedible by humans.
Source:
SL 1968, ch 158, §8.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-33 - Registration of meat brokers, renderers, animal food manufacturers, wholesalers or warehousemen.

39-5-33. Registration of meat brokers, renderers, animal food manufacturers, wholesalers or warehousemen.
No person shall engage in this state in business as a meat broker, inedible products renderer, or animal food manufacturer, or as a wholesaler of any carcasses, or parts or products of the carcasses, of any livestock, whether intended for human food or other purposes, or as a public warehouseman storing any such articles, or in the business of buying, selling, or transporting any dead, dying, crippled, or diseased livestock, unless when required by regulations of the secretary of the Animal Industry Board, he has registered with the secretary, his name, and the address of each place of business at which, and all trade names under which, he conducts such business.
Source:
SL 1968, ch 158, §9.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-34 - Regulation of dealing in diseased, dying, crippled or dead livestock.

39-5-34. Regulation of dealing in diseased, dying, crippled or dead livestock.
No person engaged in this state in the business of buying, selling, or transporting dead, dying, crippled, or diseased livestock or any parts of the carcasses of any livestock that died otherwise than by slaughter, shall buy, sell, donate, transport, or offer or receive for sale or transportation in this state any such livestock or parts of carcasses, unless such transaction or transportation is made in accordance with such regulations as the secretary of the Animal Industry Board may prescribe to effectuate the purposes of this chapter.
Source:
SL 1968, ch 158, §10.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-35 - Disposal of carcasses, parts, or meat food products from noncomplying official establishments.

39-5-35. Disposal of carcasses, parts, or meat food products from noncomplying official establishments.
Carcasses, parts thereof, and meat food products which, in any establishment at which inspection is maintained under this chapter, are prepared, wholly or in part, without supervision of an inspector as required by the secretary of the Animal Industry Board, or otherwise not in compliance with the regulations under this chapter, shall be handled or disposed of as the secretary may by regulations prescribe to prevent the use for human food of articles that are adulterated or misbranded.
Source:
SL 1968, ch 158, §11 (b).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-36 - Records required of all types of meat businesses.

39-5-36. Records required of all types of meat businesses.
Any person who engages in this state, in the business of slaughtering any livestock, or preparing, freezing, packaging, or labeling any carcasses or parts or products of carcasses, of any livestock, for use as human or animal food or rendering (as an inedible products renderer), transporting, storing, or buying or selling (as a meat broker or otherwise) any carcasses, or parts or products of carcasses, of any livestock, or transporting, buying, or selling any dying, crippled, or diseased cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary shall maintain such records as the secretary may by rules promulgated pursuant to chapter 1-26 require to effectuate the purposes of this chapter, and shall, upon notice by the secretary, afford the representative, at all reasonable times, access to the person's places of business and opportunity to inspect the facilities, inventory, and all records, and to copy all such records. Any record required to be maintained by this section shall be maintained for at least such period of time as the secretary may by rules promulgated pursuant to chapter 1-26 prescribe.
Source:
SL 1968, ch 158, §12; SL 1996, ch 248, §5.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-37 - Detention of carcass, part, or meat food product, inedible product, or dying, crippled or diseased livestock--Grounds and procedure for action by secretary.

39-5-37. Detention of carcass, part, or meat food product, inedible product, or dying, crippled or diseased livestock--Grounds and procedure for action by secretary.
Whenever any carcass, part of a carcass, or meat food product of any livestock or any product exempted from the definition of a meat food product, or any dying, crippled, or diseased livestock is found by any authorized representative of the secretary of the Animal Industry Board upon any premises where it is held for purposes of, or during or after distribution in this state, and there is reason to suspect that such article is adulterated or misbranded and is capable of use for human food, or that it has not been inspected, in violation of this chapter, any other law of this state, or any federal law, or that such article or animal has been, or is intended to be, distributed in violation of any such laws, it may be detained by such representative for a period not to exceed twenty days, pending action under §39-5-38, or notification of any federal or other governmental authorities having jurisdiction over such article or animal, and shall not be moved by any person from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the secretary that the article or animal is eligible to retain such marks.
Source:
SL 1968, ch 158, §18.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-38 - Seizure and condemnation of articles or animals in violation--Procedure for disposal of articles or animals.

39-5-38. Seizure and condemnation of articles or animals in violation--Procedure for disposal of articles or animals.
Any carcass, part of a carcass, or meat food product of any livestock or any dying, crippled, or diseased livestock that is being transported in this state, or is held for sale or donation in this state after such transportation, and that:
(1)Is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter; or
(2)Is capable of use as human food and is adulterated or misbranded; or
(3)In any other way is in violation of this chapter,
shall be liable to be proceeded against and seized and condemned, at any time, by an action in the circuit court of South Dakota within the jurisdiction of which the article or animal is found. If the article or animal is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the treasury of this state, but the article or animal shall not be sold contrary to the provisions of this chapter or federal law: Provided, that upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter or federal law, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the secretary of the Animal Industry Board as is necessary to ensure compliance with this chapter. When a decree of condemnation is entered against the article or animal and it is released under bond, or destroyed, court costs and fees, and storage and other expenses shall be awarded against the person, if any, intervening as claimant of the article or animal.
Source:
SL 1968, ch 158, §19.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-39.1 - Sale of diseased carcass for human consumption as felony.

39-5-39.1. Sale of diseased carcass for human consumption as felony.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-41 - Principal or employer liable for acts or omissions of agent or employee.

39-5-41. Principal or employer liable for acts or omissions of agent or employee.
When construing or enforcing the provisions of this chapter, the act, omission, or failure of any person acting for or employed by an individual, partnership, limited liability company, corporation, association, or other business unit, within the scope of employment or office, shall in every case be deemed the act, omission, or failure of such individual, partnership, limited liability company, corporation, association, or other business unit, as well as of such person.
Source:
SL 1968, ch 158, §15; SL 1994, ch 351, §93.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-42 - Notice of report of violation by secretary to state's attorney--Warning notice by secretary authorized.

39-5-42. Notice of report of violation by secretary to state's attorney--Warning notice by secretary authorized.
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.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-43 - Circuit court jurisdiction.

39-5-43. Circuit court jurisdiction.
The circuit court of South Dakota is hereby vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this chapter and shall have jurisdiction in all other kinds of cases arising under this chapter.
Source:
SL 1968, ch 158, §20.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-44 - Notice of operation of inspection and regulatory provisions.

39-5-44. Notice of operation of inspection and regulatory provisions.
Provisions of this chapter relative to inspections, sanitation, labeling requirements, penalties, seizures, and injunctive relief shall not become operative until thirty days after the giving of notice thereof by the secretary of the Animal Industry Board by posting of such notice upon the official bulletin boards of at least twenty counties of the State of South Dakota and the publishing of three weeks' notices thereof by three publications, once each week, in at least three newspapers of the State of South Dakota which have been designated as official county newspapers in the State of South Dakota.
Source:
SL 1968, ch 158, §26.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 05 - Meat And Meat Products › Section 39-5-45 - Severability of chapter.

39-5-45. Severability of chapter.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this chapter, and of the application of such provisions to other persons and circumstances shall not be affected thereby.
Source:
SL 1968, ch 158, §27.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-1 - Definition of terms.

39-6-1. Definition of terms.
Terms used in this chapter mean:
(1)"Department," the Department of Agriculture and Natural Resources;
(2)"Grade A milk," milk produced in accordance with the standards set forth in regulations promulgated pursuant to the authority granted in §39-6-9 and that is not subject to the requirements for manufacturing grade milk or raw milk for human consumption;
(3)"Manufacturing grade milk," any milk or milk product that is produced for processing and manufacturing into products for human consumption in accordance with the standards set by rules promulgated pursuant to the authority granted in §§39-6-9 and 40-32-18 and that is not subject to the requirements for Grade A milk or raw milk for human consumption;
(4)"Milk," the lacteal secretion, practically free from colostrum, obtained by the milking of one or more healthy cows, that contains not less than eight and one-fourth percent solids-not-fat and not less than three and one-fourth percent milk fat;
(5)"Milk case" or "dairy case," any wire or plastic case or container that holds sixteen quarts or more of milk or milk products and is used by restaurants, retailers, or their agents as a means to transport, store, or carry milk or milk products;
(6)"Raw milk for human consumption," the lacteal secretion, practically free from colostrum, obtained by the milking of one or more healthy cows, goats, sheep, or other hooved mammals that has not been pasteurized or homogenized and is packaged for human consumption. The term also includes raw cream intended for human consumption;
(7)"Secretary," the secretary of agriculture and natural resources.
Source: SL 1955, ch 67, §1; SDC Supp 1960, §4.2001; SL 1963, ch 7; SL 1991, ch 330, §1; SL 2015, ch 207, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-2 - Sale of packaged or dispenser milk below Grade A or raw milk without license and permit as misdemeanor.

39-6-2. Sale of packaged or dispenser milk below Grade A or raw milk without license and permit as misdemeanor.
It is a Class 2 misdemeanor to sell bottled, cartoned, or dispenser milk for human consumption other than Grade A milk or raw milk for human consumption from a producer who meets the requirements of §39-6-3.1.
Source:
SL 1955, ch 74, §1; SL 1957, ch 94; SDC Supp 1960, §4.2008; SL 1977, ch 190, §366; SL 2015, ch 207, §2.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-3 - Sale of raw milk at place where milk produced permitted.

39-6-3. Sale of raw milk at place where milk produced permitted.
Raw milk for human consumption may be secured or purchased for personal use by any consumer at the place or farm where the milk is produced and the milk may be delivered directly to the consumer by the producer. No raw milk for human consumption may be purchased at a farmers' market or farmer owned retail store that is not located at the place or farm where the milk is produced.
Source:
SL 1955, ch 74, §1; SL 1957, ch 94; SDC Supp 1960, §4.2008; SL 1977, ch 190, §367; SL 2010, ch 205, §1; SL 2015, ch 207, §3.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-3.1 - License and permit required to sell raw milk for human consumption.

39-6-3.1. License and permit required to sell raw milk for human consumption.
Any producer of milk who is selling raw milk for human consumption directly to the consumer shall obtain a license pursuant to the provisions of §40-32-4 and a permit pursuant to the provisions of §40-32-10.1.
Source:
SL 2015, ch 207, §4.