Title 39 — FOOD AND DRUGS

Local legislation in violation of this section is void and unenforceable. For purposes of this section, the term, local legislation, means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision of the state. Nothing in this section pr…

The Department of Agriculture and Natural Resources through its secretary, and such other agents and employees as it may assign thereto shall be in general charge of the administration and enforcement of chapters 39-1 , 39-6 to 39-8 , inclusive, 39-1 1, 39-1 4, 39-1 5 and 39-1 8,…

The Division of Legal and Regulatory Services of the Department of Public Safety shall perform the functions previously performed by the Department of Agriculture pursuant to chapters 39-4 and 39-13 , except the authority to regulate bottled water quality which the Department of …

The secretary of agriculture and natural resources, the secretary of public safety, and their assistants, for the purpose of obtaining information regarding suspected violations of the law and in order to enforce the provisions of this title, shall have access to all buildings an…

All proprietors, clerks, bookkeepers, or other persons in any way dealing in any product governed by this title and all express agents and all employees of railroads or other common carriers shall render to the secretary of agriculture and natural resources, the secretary of publ…

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

The secretary of agriculture and natural resources, the secretary of public safety, or their agents or assistants by written or oral notice may require any police officer to inspect any place or product subject to the supervision of such secretary of agriculture and natural resou…

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

The secretary of agriculture and natural resources, the secretary of public safety, and their agents and inspectors, with or without the assistance of the officers specified in § 39-1-13 , have power and authority to seize or quarantine by tagging or otherwise suitably marking an…

Any person or officer seizing or quarantining contraband material pursuant to § 39-1-15 shall, within five days, petition the circuit court for the county in which such contraband material is found for condemnation of the material. The court shall thereupon make an order fixing a…

The provisions of South Dakota law and rules preempt any local legislation adopted by any political subdivision of the state that is related to the production, use, advertising, sale, distribution, storage, transportation, formulation, packaging, labeling, certification, registra…

All fees received by the secretary of agriculture and natural resources or the Division of Commercial Inspection and Licensing pursuant to the provisions of this title shall be paid into the state treasury, as provided in this code, to the credit of the general fund. Source: SL 1…

All salaries and expenses necessary to the enforcement of this title by the Department of Agriculture and Natural Resources or the Division of Commercial Inspection and Licensing shall be paid out of funds appropriated for the maintenance of the Department of Agriculture and Natu…

The secretary of agriculture and natural resources or the secretary of public safety, when performing the functions described in § 39-1-1.1 , may, when in his judgment such action will promote honesty and fair dealing in the interest of consumers, adopt rules establishing for any…

Bulletins containing standards, definitions, rules, and regulations promulgated pursuant to §§ 39-1-4 and 39-1-5 together with such information relating to the products regulated by the provisions of this title as shall be calculated to promote the public health and safety may be…

All contracts for the sale of any product in violation of the provisions of this title shall be void; no action shall be maintained in any court for the purchase price or value of any product the sale of which is thereby prohibited; nor shall any person be liable for the price or…

Any person who violates any provision of this title, for which a penalty is not expressly provided, is guilty of a Class 1 misdemeanor. Source: SL 1913, ch 285 , § 18; RC 1919, § 7802; SDC 1939, § 22.9901; SL 1977, ch 190 , § 346.

For the purposes of this title, the act or omission of any officer, agent, or other person acting for or employed by any individual, corporation, limited liability company, association, or partnership within the scope of office, agency, or employment shall be deemed to be the act…