reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-9 - Promulgation of rules.

39-6-9. Promulgation of rules.
The secretary of agriculture and natural resources may promulgate rules for Grade A milk and milk products, manufacturing grade milk, and raw milk for human consumption, pursuant to chapter 1-26, relative to:
(1)Standards for adulterated or misbranded milk;
(2)Permits to produce or process;
(3)Labeling and packaging;
(4)Inspections of dairy farms and plants;
(5)Examinations of milk and milk products;
(6)Animal health requirements;
(7)Container usage;
(8)Uninspected milk;
(9)Farm and plant construction;
(10)Personal health standards;
(11)Sanitation standards;
(12)Production, processing, and distribution standards for Grade A pasteurized milk, fluid milk products, Grade A raw milk for pasteurization, manufacturing grade milk, and raw milk for human consumption;
(13)Procedures for certification of interstate milk shippers;
(14)Methods of making sanitation ratings of milk supplies; and
(15)Customer records.
Source: SL 1955, ch 67, §3; SDC Supp 1960, §4.2003; SL 1963, ch 8; SL 1986, ch 326, §61; SL 1989, ch 348; SL 2015, ch 207, §5; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-10 - Permit for importation of Grade A products--Standards required--Suspension or revocation.

39-6-10. Permit for importation of Grade A products--Standards required--Suspension or revocation.
The Department of Agriculture and Natural Resources may, for the purpose of assuring the people of this state a continuous and adequate supply of wholesome and nutritious fluid milk or milk products labeled Grade A, permit the entry of such milk or milk products into this state after the department has determined that the inspection at point of origin, the required standards and enforcement thereof, and the quality of the milk or products are equal to the requirements in this state. Upon determining that the foregoing conditions are satisfactory, the department shall issue a permit. Such permit may be suspended or revoked as provided in §§39-6-15 and 39-6-16.
Source: SL 1955, ch 67, §6; SDC Supp 1960, §4.2006; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-11 - Inspectors for Grade A premises and plants--Assistance to producers and processors.

39-6-11. Inspectors for Grade A premises and plants--Assistance to producers and processors.
The secretary of agriculture and natural resources shall provide an adequate inspection force of trained and qualified persons for the inspection of milk, milk products, and the premises and plants where milk and milk products are produced, handled, and processed. Such inspectors shall acquaint the producers and processors with the requirements necessary to bring farm and plants to the state of compliance which will qualify their products for a Grade A label.
Source: SL 1955, ch 67, §4; SDC Supp 1960, §4.2004; SL 1985, ch 15, §52; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-12 - Field service provided by processor to assist producers and supervise processing.

39-6-12. Field service provided by processor to assist producers and supervise processing.
Each processor shall provide adequate and continuous field service to assist the producers who sell their milk to the processor's plant and to supervise the operations within the processing plant to attain and maintain compliance with Grade A requirements.
Source:
SL 1955, ch 67, §4; SDC Supp 1960, §4.2004; SL 2010, ch 205, §5.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-13 - Processor field service permit--Determination of qualifications.

39-6-13. Processor field service permit--Determination of qualifications.
Any person performing the field service for a Grade A processor of milk or milk products shall first obtain a permit therefor from the secretary of agriculture and natural resources by application on a form provided by the secretary. The secretary shall determine that the applicant is competent and qualified before issuing said permit.
Source: SL 1955, ch 67, §4; SDC Supp 1960, §4.2004; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-14 - Processor field service permit not transferable--Revocation--Notice and hearing.

39-6-14. Processor field service permit not transferable--Revocation--Notice and hearing.
The permit issued to a person performing field service for a Grade A processor shall not be transferable and may be revoked for due cause after the holder of the permit has been given an opportunity for a hearing, in which the holder of the permit shall be given a notice in writing of the time and place of such hearing and at least seven days before the date of such hearing.
Source:
SL 1955, ch 67, §4; SDC Supp 1960, §4.2004.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-15 - Grounds for suspension and revocation of permit--Opportunity for hearing before revocation.

39-6-15. Grounds for suspension and revocation of permit--Opportunity for hearing before revocation.
A permit issued pursuant to §39-6-10 may be suspended by the secretary of agriculture and natural resources or his duly qualified agent or agents upon failure by the holder of the permit to comply with any of the terms of state law and regulation or for interference with inspection, and may be revoked by the secretary for due cause after the holder of the permit has been given the opportunity for a hearing before the secretary. The secretary shall, upon request of the holder of a permit, fix the time and place of such hearing.
Source: SL 1955, ch 67, §7; SDC Supp 1960, §4.2007; SL 1965, ch 7; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-16 - Hearing required before revocation of permit--Suspension pending hearing--Stop-sale order in lieu of suspension.

39-6-16. Hearing required before revocation of permit--Suspension pending hearing--Stop-sale order in lieu of suspension.
No permit shall be revoked prior to the hearing provided in §39-6-15, but a permit may be suspended prior to such time and said suspension shall be in full force and effect until the hearing at which time the secretary of agriculture and natural resources shall make his final determination; however, in lieu of suspending the permit the secretary or his duly authorized agent may place a stop-sale order upon a single pasteurized product which does not meet the minimum standards fixed for such product.
Source: SL 1955, ch 67, §7; SDC Supp 1960, §4.2007; SL 1965, ch 7; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 06 - Milk And Milk Product Grades And Standards › Section 39-6-20 - Sale of substandard products prohibited.

39-6-20. Sale of substandard products prohibited.
It is a violation for any person to sell, offer, or expose for sale, any milk or milk products labeled Grade A, unless the milk or milk products have been produced and processed in accordance with the requirements of §§39-6-9 to 39-6-16, inclusive, and the rules promulgated by the secretary of agriculture and natural resources in respect thereto.
Source: SL 1943, ch 9, §15; SL 1955, ch 67, §8; SDC Supp 1960, §§4.9912, 4.9918; SL 1977, ch 190, §369; SL 2009, ch 201, §1; SL 2010, ch 205, §9; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-1 - Purpose of chapter.

39-7-1. Purpose of chapter.
The purpose of this chapter is to protect the public from confusion, fraud, and deception; to prohibit practices inimical to the general welfare; and to promote the orderly and fair marketing of essential foods.
Source:
SL 1951, ch 114, §2; SDC Supp 1960, §22.05A02; SL 1987, ch 292, §1.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-2 - Definition of terms.

39-7-2. Definition of terms.
Terms used in this chapter mean:
(1)"Artificial dairy products," any food which by its composition, intended use, sensory qualities, physical properties, package or label description purports to resemble or imitate any dairy product listed in subdivision (1) of this section;
(2)"Dairy product," includes but is not limited to, milk, cream, sour cream, butter cream, butter, skimmed milk, ice cream, frozen dessert, whipped cream, flavored milk or skim milk drink, dried or powdered milk, cheese, cream cheese, cottage cheese, creamed cottage cheese, ice cream mix, frozen dessert mix, sherbet, condensed milk, evaporated milk, concentrated milk, and forms of dairy products for which no standard of identity exists which are manufactured principally from milk or milk-derived ingredients, provided milk-derived ingredients are not used at levels in excess of those permitted in similar standardized dairy products;
(3)"Milk," any milk, skim milk, cream, lowfat milk, nonfat dry milk, and any fluid derivative of the listed items;
(4)"Milk-derived ingredients," any buttermilk, whey, products derived from whey, casein, lactose, lacto albumen, and any fluid derivative of the listed items.
Source:
SL 1951, ch 114, §3; SDC Supp 1960, §22.05A03; SL 1987, ch 292, §2.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-3 - Compounds and products not subject to chapter.

39-7-3. Compounds and products not subject to chapter.
Notwithstanding §39-7-2, the term "artificial dairy product" may not be construed to mean or include:
(1)Any distinctive proprietary food compound not readily mistaken for a dairy product, where such compound is customarily used on the order of a physician and is prepared and designed for medicinal or special dietary use only and is prominently so labeled;
(2)Any dairy product flavored with chocolate or cocoa, or the vitamin content of which has been increased, or both, where the fats or oils other than milk fat contained in such product do not exceed the amount of cacao fat naturally present in the chocolate or cocoa used and the food oil, not in excess of .01 per centum of the weight of the finished product, used as a carrier of such vitamins.
Source:
SL 1951, ch 114, §3; SDC Supp 1960, §22.05A03; SL 1987, ch 292, §3.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-4.1 - Sale or possession of artificial dairy products not meeting labeling requirements as misdemeanor.

39-7-4.1. Sale or possession of artificial dairy products not meeting labeling requirements as misdemeanor.
It is a Class 1 misdemeanor for any person, firm, or corporation, its employee or agent, or as the employee or agent of another, to knowingly manufacture, sell, exchange, or possess an artificial dairy product which does not adhere to the labeling requirements for artificial dairy products in §§39-7-4.2 to 39-7-4.4, inclusive.
Source:
SL 1987, ch 292, §5.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-4.2 - Statement "artificial dairy product" indicated on package or container--Type size.

39-7-4.2. Statement "artificial dairy product" indicated on package or container--Type size.
The statement, "artificial dairy product," shall be indicated in the upper thirty percent of the principal display panel of the package or container of an artificial dairy product. The statement may not be less than one-half of the size of the product name, but in no event smaller than one-quarter of an inch or eighteen point type, and shall be of similar type, style and color.
Source:
SL 1987, ch 292, §6.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-4.3 - Compliance with federal requirements.

39-7-4.3. Compliance with federal requirements.
Any artificial dairy product shall comply with the applicable federal requirements set forth in section 403 of the Federal Food, Drug and Cosmetic Act, and Code of Federal Regulations, title 21, sections 101 and 105 as of January 1, 1987.
Source:
SL 1987, ch 292, §7.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-4.4 - Display of product name.

39-7-4.4. Display of product name.
The product name of an artificial dairy product shall be presented in bold face type on the principal display panel and shall be in lines generally parallel to the base of the container or package.
Source:
SL 1987, ch 292, §8.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-4.5 - Certain products not subject to chapter.

39-7-4.5. Certain products not subject to chapter.
Any nonliquid topping, dry coffee whitener, frozen liquid whitener, and margarine-type product is not subject to the requirements in this chapter.
Source:
SL 1987, ch 292, §9.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-4.6 - Information on principal display panel--Type size.

39-7-4.6. Information on principal display panel--Type size.
Any artificial dairy product shall have on the principal display panel information which shall provide the major differences between the artificial dairy product and the dairy product it resembles. The information shall be in a type size which is at least twenty-five percent of the name of the artificial dairy product, but not less than one-eighth of an inch. This information shall include the difference in the fat or oil used and the major difference in the basic ingredients used to replace nonfat milk solids.
Source:
SL 1987, ch 292, §10.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-4.7 - Nutritional panel--Contents.

39-7-4.7. Nutritional panel--Contents.
A nutritional panel shall be provided on an artificial dairy product which indicates the quantitative nutritional differences between the artificial dairy product and the dairy product it resembles in comparative columns. The nutrients to be included are those for which a United States recommended daily allowance has been established.
Source:
SL 1987, ch 292, §11.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-4.8 - Certain packages not subject to chapter.

39-7-4.8. Certain packages not subject to chapter.
The provisions of this chapter do not apply to any package containing an individual serving of less than one-half ounce or one-half fluid ounce of an artificial dairy product for use in a restaurant, institution, or passenger carrier, and not otherwise packaged for sale at retail.
Source:
SL 1987, ch 292, §12.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-6 - Administration and enforcement of chapter.

39-7-6. Administration and enforcement of chapter.
The secretary of agriculture and natural resources is authorized and directed to administer and supervise the enforcement of this chapter; to provide for such periodic inspections and investigations as he may deem necessary to disclose violations; to receive and provide for the investigation of complaints; and to provide for the institution and prosecution of civil or criminal actions or both.
Source: SL 1951, ch 114, §6; SDC Supp 1960, §22.05A05; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-7 - Injunction to prevent violations--Seizure of contraband products.

39-7-7. Injunction to prevent violations--Seizure of contraband products.
The provisions of this chapter may be enforced by injunction in any court having jurisdiction to grant injunctive relief, and artificial dairy products illegally held or otherwise involved in a violation of this chapter shall be subject to seizure and disposition in accordance with an appropriate court order.
Source:
SL 1951, ch 114, §6; SDC Supp 1960, §22.05A05; SL 1987, ch 292, §13.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 07 - Artificial Dairy Products › Section 39-7-8 - Citation of chapter.

39-7-8. Citation of chapter.
This chapter may be cited as the South Dakota Artificial Dairy Products Act.
Source:
SL 1951, ch 114, §1; SDC Supp 1960, §22.05A01; SL 1987, ch 292, §14.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-1 - Definition of terms.

39-8-1. Definition of terms.
Terms used in this chapter mean:
(1)"Distributor," any person not a frozen dessert manufacturer that purchases such products in final package form from a frozen dessert manufacturer for resale;
(2)"Frozen dessert manufacturer," any person who manufactures, or processes, any mix as frozen desserts for distribution or sale;
(3)"Frozen dessert plant," any place or premises where frozen desserts or mix are manufactured, or processed, for distribution or sale;
(4)"Frozen desserts," any clean frozen or partially frozen combination of two or more of the following: milk or milk products, eggs or egg products, sugars, water, fruit, or fruit juices, candy, nut meats, or other harmless and wholesome food products, flavors, color, harmless stabilizer, and shall be deemed to include, ice cream, ice milk, frozen custard, milk sherbet, ices, and other similar products;
(5)"Milk and milk products," used in mix or frozen desserts shall be from cow's milk and include milk, cream, frozen cream, plastic cream, fluid skim milk, butter, sweetened and unsweetened condensed skim milk, powdered whole milk, powdered skim milk, sweet cream buttermilk, sweet cream condensed buttermilk, and sweet cream powdered buttermilk, or any of these products from which lactose has been wholly or partially removed;
(6)"Mix," the unfrozen combination of all ingredients of a frozen dessert with or without fruits, fruit juices, candy, nut meats, flavor, or harmless color;
(7)"Pasteurization," "pasteurized," and similar terms shall be taken to refer to the process of heating every particle of mix to one hundred fifty-five degrees Fahrenheit and holding at such temperature for thirty minutes, or to one hundred seventy-five degrees Fahrenheit and holding at such temperature continuously for twenty-five seconds in approved and properly operated equipment. Nothing in this definition disbars any other process which has been demonstrated to be equally efficient and is approved by the secretary of agriculture and natural resources;
(8)"Person," includes individual, partnership, limited liability company, corporation, and association.
Source: SL 1909, ch 296, §2; RC 1919, §7905; SL 1925, ch 136; SL 1931, ch 133, §1; SL 1933, ch 161, §1; SL 1937, ch 198, §2; SDC 1939, §22.0603; SL 1941, ch 94; SL 1947, ch 95, §1; SL 1951, ch 104, §1; SL 1965, ch 104, §3 (a) to (h); SL 1994, ch 351, §94; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-2 - Administration of chapter.

39-8-2. Administration of chapter.
This chapter shall be administered by the secretary of agriculture and natural resources of the State of South Dakota, hereinafter referred to as the secretary.
Source: SL 1937, ch 198, §11; SDC 1939, §22.0602; SL 1965, ch 104, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-3 - Construction standards for plants.

39-8-3. Construction standards for plants.
The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 to establish minimum standards of construction for frozen dessert plants concerning:
(1)Floors, walls, ceilings;
(2)Doors and windows;
(3)Lighting and ventilation;
(4)Toilet and lavatory facilities;
(5)Water supply;
(6)Separation and partitioning of rooms for carrying on the several handling, processing, and storage functions.
Source: SL 1965, ch 104, §6; SL 1986, ch 326, §62; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-4 - Sanitation standards for plant operations.

39-8-4. Sanitation standards for plant operations.
The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 to establish minimum standards of sanitation for the operation of a frozen dessert plant concerning:
(1)Washing, cleaning, maintenance, and condition of floors, walls, and ceilings of all rooms directly connected with the handling, processing, and storage of frozen desserts, and the equipment used therein, including mobile equipment used in transportation of frozen dessert products;
(2)Health and cleanliness of personnel;
(3)Cleanliness and sanitation of surrounding premises;
(4)Disposal of all waste and sewage material;
(5)Insect and rodent control.
Source: SL 1933, ch 161, §6; SL 1937, ch 198, §8; SDC 1939, §22.0606; SL 1965, ch 104, §7; SL 1986, ch 326, §63; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-5 - Labeling of containers of dessert mix.

39-8-5. Labeling of containers of dessert mix.
All containers of frozen dessert mix shall be conspicuously labeled as to the contents of the container, the name and address of the manufacturer or distributor.
Source:
SL 1965, ch 104, §4 (d).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-6 - Units of sale and minimum weight of frozen desserts--Tolerances.

39-8-6. Units of sale and minimum weight of frozen desserts--Tolerances.
Frozen desserts sold in other than individual serving devices, shall be sold in terms of gallons, quarts, or pints weighing not less than four and one-half pounds per gallon, or less than thirty-six ounces per one-half gallon, or less than nine ounces per pint. If the average weight of ten units, e.g. ten quarts, or any lot of frozen dessert of the same brand and flavor equals or exceeds the minimum weight established for such units by this section, the requirements shall be deemed to have been met; provided, no individual unit shall be more than five percent of the required unit weight under the minimum weight established for such units.
Source:
SDC 1939, §22.0604 as added by SL 1951, ch 104, §2; SL 1965, ch 104, §4 (a).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-7 - Containers labeled as to quantity.

39-8-7. Containers labeled as to quantity.
All packages and final delivery containers for frozen desserts shall be labeled with the size of the container in terms of pints, quarts, or gallons. All packages containing less than one pint shall be labeled with the volume of the container in terms of net fluid ounces.
Source:
SL 1937, ch 198, §9; SDC 1939, §22.0609; SL 1965, ch 104, §4 (a).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-8 - Labeling of desserts sold in packages.

39-8-8. Labeling of desserts sold in packages.
Frozen desserts sold in package form as final delivery containers shall be labeled with:
(1)Name of the product;
(2)The name and address of the manufacturer or distributor and the word manufacturer or distributor whichever is applicable;
(3)The size of the container in terms of pints, quarts, or gallons. Containers of less than one pint shall be in terms of net fluid ounces.
Source:
SL 1933, ch 161, §4; SL 1937, ch 198, §§6, 9; SDC 1939, §§22.0608, 22.0609; SL 1951, ch 104, §3; SL 1965, ch 104, §4 (b).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-9 - Exemption from labeling requirements of containers filled in presence of purchaser.

39-8-9. Exemption from labeling requirements of containers filled in presence of purchaser.
Packages and final delivery containers of frozen dessert as identified under this chapter which are filled in the presence of the purchaser at retail shall be exempted from the labeling requirements of §§39-8-7 and 39-8-8.
Source:
SL 1965, ch 104, §4 (c).
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-10 - Standards of identity, quality, and fill of container.

39-8-10. Standards of identity, quality, and fill of container.
The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 fixing standards of identity, standards of quality, and standards for fill of container for frozen desserts concerning:
(1)Ice cream and label statement of optional ingredients;
(2)Frozen custard, french ice cream, french custard ice cream, and label statement of optional ingredients;
(3)Ice milk and label statement of optional ingredients;
(4)Fruit sherbets and label statement of optional ingredients;
(5)Water ices and label statement of optional ingredients;
(6)Quiescently frozen confections, quiescently frozen dairy confections, and label statement of optional ingredients.
Source: SL 1937, ch 198, §3; SDC 1939, §22.0604; SL 1951, ch 104, §2; SL 1965, ch 104, §5; SL 1986, ch 326, §64; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-11 - Conditions constituting adulteration of dessert or mix.

39-8-11. Conditions constituting adulteration of dessert or mix.
A frozen dessert or mix shall be deemed adulterated for purposes of this chapter:
(1)If it bears or contains any poisonous or deleterious substance which may render it injurious to health;
(2)If any valuable constituent has been in whole or in part omitted or abstracted therefrom or if any substance has been substituted in part or in whole;
(3)If it does not conform with the definitions, standards, or other requirements as set forth for the same in this chapter or by rule promulgated pursuant to chapter 1-26.
Source:
SL 1937, ch 198, §10; SDC 1939, §22.0611; SL 1947, ch 95, §3; SL 1965, ch 104, §3 (i); SL 1986, ch 326, §65.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-12 - Conditions constituting misbranding of dessert or mix.

39-8-12. Conditions constituting misbranding of dessert or mix.
A frozen dessert or mix shall be deemed misbranded for purposes of this chapter:
(1)If its labeling is false or misleading in any manner;
(2)If it is offered for sale under the name of another food;
(3)If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(4)If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, caloric, and other dietary properties as the secretary of agriculture and natural resources determines to be necessary in order to fully inform purchasers as to its value for such uses;
(5)If it does not conform with the definitions, standards, or other requirements as set forth in this chapter or rules promulgated pursuant to chapter 1-26 for frozen desserts.
Source: SL 1937, ch 198, §10; SDC 1939, §22.0611; SL 1947, ch 95, §3; SL 1965, ch 104, §3 (j); SL 1986, ch 326, §66; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-13 - Manufacture, sale, or possession of adulterated or misbranded dessert or mix as misdemeanor.

39-8-13. Manufacture, sale, or possession of adulterated or misbranded dessert or mix as misdemeanor.
It is a Class 2 misdemeanor for any person to manufacture, freeze, sell, offer or expose for sale, or have in possession with intent to sell, any frozen dessert or mix which is adulterated or misbranded.
Source:
SL 1937, ch 198, §10; SDC 1939, §22.0611; SL 1947, ch 95, §3; SL 1965, ch 104, §8; SL 1977, ch 190, §372.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 08 - Frozen Desserts › Section 39-8-14 - Violation of chapter or regulations as misdemeanor.

39-8-14. Violation of chapter or regulations as misdemeanor.
Any person who violates any of the provisions of this chapter or the rules and regulations issued thereunder, or who impedes, obstructs, hinders, or prevents the secretary of agriculture and natural resources or his duly authorized agent in performance of his duty in connection with the provisions of the chapter, is guilty of a Class 2 misdemeanor.
Source: SL 1933, ch 161, §10; SL 1937, ch 198, §12; SDC 1939, §22.9912; SL 1965, ch 104, §9; SL 1977, ch 190, §373; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-1 - Definition of terms.

39-11-1. Definition of terms.
Terms used in this chapter, unless the context otherwise plainly requires, shall mean:
(1)"Consumer," any person who purchases eggs for his use, but not for resale;
(2)"Eggs," eggs in the shell of a domesticated chicken, turkey, duck, goose, or guinea;
(3)"Egg products," whole eggs, whole egg blends, albumin or whites, or yolks, plain, sugared, or salted in liquid, frozen, or dried form;
(4)"Institutional consumer," any hospital, commercial bakery, lodging, or food service establishment as defined in chapter 34-18, or other institution or place in which eggs are prepared as food for customers, residents, or patients;
(5)"Secretary," the secretary of the State Department of Agriculture and Natural Resources;
(6)"Set-in station," any place of business where eggs are collected to be transported to a Class B licensee.
Source: SL 1949, ch 82, §1; SL 1953, ch 91; SDC Supp 1960, §22.0801; SL 1965, ch 105, §1; SL 1972, ch 215, §§1 to 4, 8; SL 1975, ch 254, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-2 - License required for egg dealing or processing--Exceptions.

39-11-2. License required for egg dealing or processing--Exceptions.
No person shall engage in the business of buying, selling, processing, candling, grading, packing, or distributing eggs in South Dakota without having first obtained such license as may be required under the provisions of this chapter except:
(1)Retailers buying eggs from dealers licensed under the provisions of this chapter exclusively;
(2)Producers selling and delivering their own production exclusively to consumers; and
(3)Grocery wholesalers distributing to retail outlets eggs purchased from dealers licensed under the provisions of this chapter.
Source:
SL 1949, ch 82, §1; SL 1953, ch 91; SDC Supp 1960, §22.0801; redes. SDC Supp 1960, §22.0802 by SL 1965, ch 105, §2; SL 1975, ch 254, §2.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-4 - Issuance of license on compliance with requirements--Examination for candler's license.

39-11-4. Issuance of license on compliance with requirements--Examination for candler's license.
Licenses shall be issued by the secretary of agriculture and natural resources to persons who apply therefor, pay the prescribed license fee and comply with the provisions of this chapter and the rules and regulations promulgated thereunder; provided, that such rules and regulations may require applicants for a license as a candler and grader of eggs to show competency by the successful passing of an examination prescribed by the secretary.
Source: SL 1953, ch 91; SDC Supp 1960, §22.0801; redes. SDC Supp 1960, §22.0802 by SL 1965, ch 105, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-5 - Annual fees for classes of licenses--License required to candle or grade.

39-11-5. Annual fees for classes of licenses--License required to candle or grade.
The annual fee for a license for each business location of the several classifications herein named is as follows:
(1)For set-in stations, buyers from producers only, and producers who pack and sell eggs produced only by their own flock, known as "Class A," ten dollars per year;
(2)For wholesale dealers and dealers buying eggs from Class A licensees, known as "Class B," one hundred dollars per year.
Any natural person who candles or grades eggs shall be licensed. The license fee is ten dollars per year.
Source:
SL 1949, ch 82, §1; SL 1953, ch 91; SDC Supp 1960, §22.0801; redes. SDC Supp 1960, §22.0802 by SL 1965, ch 105, §2; SL 1972, ch 215, §5; SL 1975, ch 254, §3; SL 1981, ch 286, §8.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-6 - Expiration and renewal of licenses--Late renewal fee.

39-11-6. Expiration and renewal of licenses--Late renewal fee.
All licenses provided for in §39-11-5 shall expire on the twenty-eighth day of February next following the issuance thereof unless sooner revoked and may be renewed upon proper application to the secretary. Any licensee who shall not apply for renewal of his license at least fifteen days before the expiration date shall be charged an additional twenty-five dollar fee.
Source:
SL 1949, ch 82, §1; SL 1953, ch 91; SDC Supp 1960, §22.0801; redes. SDC Supp 1960, §22.0802 by SL 1965, ch 105, §2; SL 1975, ch 254, §4.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-7 - Regulations governing grading, production, and distribution standards--Plant requirements--Enforcement.

39-11-7. Regulations governing grading, production, and distribution standards--Plant requirements--Enforcement.
For the protection of the public health and welfare and to secure uniformity in the marketing of eggs the secretary of agriculture and natural resources may promulgate rules concerning:
(1)The definition of purchase and retail standards and grades for eggs;
(2)The definition of production, processing, and distribution standards for eggs;
(3)The definition of minimum plant and equipment requirements for the labeling, selling, and storage of eggs;
(4)The definition of candling methods;
(5)The sale or exposure to sale of shell eggs to retail stores and the institutional consumer;
(6)The licensure of dealers and candler graders;
(7)Record-keeping requirements; and
(8)The provision of the issuance of stop sales.
Source: SL 1949, ch 82, §5; SDC Supp 1960, §22.0805; SL 1965, ch 105, §5; SL 1974, ch 260, §3; SL 1986, ch 326, §68; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-8 - Federal standards as guide in establishing grade requirements.

39-11-8. Federal standards as guide in establishing grade requirements.
The specifications for grades and weight classes and the standards for quality of individual eggs or processed shell and liquid eggs shall be guided by those promulgated by the United States Department of Agriculture and set forth in the regulations.
Source:
SDC Supp 1960, §22.0805 as added by SL 1965, ch 105, §5.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-9 - Candling required before payment of producers--Payment based on estimated value.

39-11-9. Candling required before payment of producers--Payment based on estimated value.
All eggs delivered by producers for sale must be candled before full payment therefor be made; provided, however, that before candling, the purchaser of such eggs may pay the producer up to ninety percent of the estimated value of such eggs as agreed upon between the purchaser and producer.
Source:
SL 1949, ch 82, §3; SL 1955, ch 68; SDC Supp 1960, §22.0803; redes. SDC Supp 1960, §22.0804 by SL 1965, ch 105, §4.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-10 - Candling and grading records required of licensee--Open for examination.

39-11-10. Candling and grading records required of licensee--Open for examination.
Every licensee under this chapter shall keep such candling and grading records as may be required by the rules and regulations of the secretary of agriculture and natural resources, which records shall be open at all times for examination by the secretary or his duly authorized representatives.
Source: SL 1949, ch 82, §3; SL 1955, ch 68; SDC Supp 1960, §22.0803; redes. SDC Supp 1960, §22.0804 by SL 1965, ch 105, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-11 - Eggs purchased for processing exempt from grading requirements.

39-11-11. Eggs purchased for processing exempt from grading requirements.
Eggs purchased by egg breakers and egg drying plants for the purpose of manufacturing liquid eggs, dried eggs, or frozen eggs are exempt from the candling and grading provisions.
Source:
SDC Supp 1960, §22.0804 as added by SL 1965, ch 105, §4.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-12 - Conditions making eggs unfit for human food.

39-11-12. Conditions making eggs unfit for human food.
For the purposes of this chapter eggs shall be deemed unfit for human food if they show black rot, white rot, mixed rot, or if they be addled eggs, sour eggs, or eggs with green rot, eggs with stuck yolk, moldy eggs, or musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or under the blood ring stage), and any other eggs or egg products that are filthy, decomposed, or putrid.
Source:
SL 1919, ch 208, §1; SDC 1939, §22.0801; SL 1949, ch 82, §2; SDC Supp 1960, §22.0802; redes. SDC Supp 1960, §22.0803 by SL 1965, ch 105, §3; SL 1972, ch 215, §6.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-13 - Excessive dockage by dealer prohibited--Accurate grading required.

39-11-13. Excessive dockage by dealer prohibited--Accurate grading required.
No dealer in buying eggs or selling eggs shall take or give a greater or less dockage for eggs unfit for human food as defined in §39-11-12 than the actual dockage as determined by the correct candling of the eggs purchased or sold, nor shall he undergrade eggs purchased or overgrade eggs sold as such grades are determined and classified from time to time by the secretary of agriculture and natural resources.
Source: SL 1949, ch 82, §3; SL 1955, ch 68; SDC Supp 1960, §22.0803; redes. SDC Supp 1960, §22.0804 by SL 1965, ch 105, §4; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-14 - Possession of unfit eggs prohibited--Denatured egg products for animal foods allowed.

39-11-14. Possession of unfit eggs prohibited--Denatured egg products for animal foods allowed.
No licensee shall have in his possession any eggs which have been candled and graded as unfit for human consumption. However, egg products to be sold for animal foods may be held in possession if denatured or decharacterized in such manner as shall be described in rules or regulations.
Source:
SL 1919, ch 208, §1; SDC 1939, §22.0802; SL 1949, ch 82, §2; redes. SDC 1939, §22.0803 by SL 1965, ch 105, §3; SL 1972, ch 215, §7; SL 1975, ch 254, §5.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-15 - Violation of chapter as petty offense.

39-11-15. Violation of chapter as petty offense.
A violation of any provision of this chapter is a petty offense.
Source:
SL 1919, ch 208, §8; SDC 1939, §22.9915; SL 1949, ch 82, §7; SDC Supp 1960, §22.9928; SL 1965, ch 105, §8; SL 1977, ch 190, §375.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-16 - Stop-sale order on products in violation--Effect.

39-11-16. Stop-sale order on products in violation--Effect.
If the secretary of agriculture and natural resources or his authorized representative shall determine, after inspection, that any lot of eggs or egg products is in violation of this chapter he may issue a stop-sale order on such lot or lots of eggs and promptly notify the owner or custodian of such order, such order shall specify the reason for its issuance. A stop-sale order shall prohibit the further marketing of such eggs until released by the secretary or his authorized agent.
Source: SDC Supp 1960, §22.0806 as added by SL 1965, ch 105, §6; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 11 - Eggs And Egg Products › Section 39-11-17 - Violation as ground for revocation of license--Notice and opportunity for hearing.

39-11-17. Violation as ground for revocation of license--Notice and opportunity for hearing.
The secretary of agriculture and natural resources shall revoke or suspend any license issued pursuant to this chapter on evidence that the licensee has violated any of the provisions of this chapter or regulations promulgated thereunder or has refused to permit inspection or interfered with inspection. No license may be revoked or suspended unless the license holder has been given notice and an opportunity for hearing pursuant to chapter 1-26.
Source: SL 1949, ch 82, §6; SDC Supp 1960, §22.0806; SL 1965, ch 105, §6; SL 1975, ch 254, §6; SL 2003, ch 216, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 13 - Beverages, Concentrates And Flavors › Section 39-13-1 - Definition of terms.

39-13-1. Definition of terms.
The following definitions of terms, application to, or exclusion from the provisions of this chapter shall apply throughout the chapter:
(1)"Alcoholic beverage" shall be construed to mean and include all beverages containing more than one-half of one percent of alcohol by volume;
(2)"Nonalcoholic beverage" shall be construed to mean and include those beverages which contain less than one-half of one percent of alcohol by volume; all still and carbonated drinks, soda waters, ginger ales, root beers, apple cider, fruit juices, and all beverages compounded therefrom, imitations and compounds of any of them, and all bottled waters whether for medicinal or table use, shall be included in the term "nonalcoholic beverages";
(3)The term "beverage concentrates and flavors" shall include all concentrated fruit juices, fruit flavored and other syrups, and concentrated extracts, essences, and preparations which are intended as a basis for the preparation of a beverage through the addition of water or milk with or without the addition of other auxiliary substances including sugar;
(4)The word "person" shall be construed to mean and include persons, firms, and corporations.
Source:
SL 1937, ch 201, §§1, 3; SDC 1939, §22.0902 (1) to (3), (7); SL 1945, ch 84, §1.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 13 - Beverages, Concentrates And Flavors › Section 39-13-2 - Products exempt from chapter.

39-13-2. Products exempt from chapter.
The following are exempt from the provisions of this chapter:
(1)Flavoring extracts for general culinary use;
(2)Milk and products thereof;
(3)Fruit juices and water retailed exclusively by the producer or manufacturer direct to the consumer.
Source:
SL 1937, ch 201, §3; SDC 1939, §22.0902 (4) to (6); SL 1945, ch 84, §1.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 13 - Beverages, Concentrates And Flavors › Section 39-13-3 - Registration required for sale of alcoholic beverage--Application for registration.

39-13-3. Registration required for sale of alcoholic beverage--Application for registration.
Before any alcoholic beverage can be sold, exposed for sale, or held with intent to sell within this state, the manufacturer, importer, or jobber shall make application to the secretary of revenue for registration of the product and shall accompany the application with the correct registration fee as prescribed in §39-13-4 and with duplicate labels used for each product for which registration is sought. Application shall be made on forms prescribed and supplied by the secretary of revenue.
Source:
SL 1937, ch 201, §4; SDC 1939, §22.0905; SL 1945, ch 84, §2; SL 1951, ch 105; SL 1977, ch 313, §1.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 13 - Beverages, Concentrates And Flavors › Section 39-13-4 - Fees for registration of products--Disposition of fees.

39-13-4. Fees for registration of products--Disposition of fees.
There shall be paid to the secretary of revenue a registration fee according to the following schedule:
(1)On malt and cereal beverages of all descriptions, twenty-five dollars;
(2)On wines, for one brand, twenty-five dollars and for each additional brand registered by the same person seventeen dollars and fifty cents;
(3)On all other alcoholic beverages, fifty dollars
The secretary of revenue shall properly record all fees received pursuant to this chapter and shall forward the fees monthly to the state treasurer. The state treasurer shall deposit the fees in the general fund.
Source:
SL 1937, ch 201, §§4, 5; SDC 1939, §22.0905; SL 1945, ch 84, §2; SL 1951, ch 105; SL 1977, ch 313, §5; SL 2009, ch 48, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 13 - Beverages, Concentrates And Flavors › Section 39-13-5 - Time for annual registration--Expiration.

39-13-5. Time for annual registration--Expiration.
The application for registration required by §39-13-3 shall be made and the registration fee shall be paid annually during the month of December of every year or prior to placing such alcoholic beverage on the market, and each registration shall expire December thirty-first next following its issuance.
Source:
SL 1937, ch 201, §4; SDC 1939, §22.0905; SL 1945, ch 84, §2; SL 1951, ch 105; SL 1977, ch 313, §2.
2023 South Dakota Codified Laws › Title 39 - Food and Drugs › Chapter 13 - Beverages, Concentrates And Flavors › Section 39-13-6 - Retailers and dispensers not required to register previously registered product.

39-13-6. Retailers and dispensers not required to register previously registered product.
If the manufacturer or jobber secures a certificate of registration for a product, subsequent sellers, including retailers and dispensers, need not again secure a certificate for the same product, and no dispenser shall be required to register a product prepared for his own use from a product already registered under this chapter.
Source:
SL 1937, ch 201, §4; SDC 1939, §22.0905; SL 1945, ch 84, §2; SL 1951, ch 105.