Title 39 — FOOD AND DRUGS
24 chapters · 291 sections in this title.
SDCL § 39-11-1 Definition of terms
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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…
SDCL § 39-11-10 Candling and grading records required of licensee--Open for examination
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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 r…
SDCL § 39-11-11 Eggs purchased for processing exempt from grading requirements
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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.
SDCL § 39-11-12 Conditions making eggs unfit for human food
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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…
SDCL § 39-11-13 Excessive dockage by dealer prohibited--Accurate grading required
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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 over…
SDCL § 39-11-14 Possession of unfit eggs prohibited--Denatured egg products for animal foods allowed
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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 regula…
SDCL § 39-11-15 Violation of chapter as petty offense
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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.
SDCL § 39-11-16 Stop - sale order on products in violation--Effect
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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 owne…
SDCL § 39-11-17 Violation as ground for revocation of license--Notice and opportunity for hearing
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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 int…
SDCL § 39-11-2 License required for egg dealing or processing--Exceptions
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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 dealer…
SDCL § 39-11-4 Issuance of license on compliance with requirements--Examination for candler's license
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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 regulati…
SDCL § 39-11-5 Annual fees for classes of licenses--License required to candle or grade
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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 yea…
SDCL § 39-11-6 Expiration and renewal of licenses--Late renewal fee
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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 f…
SDCL § 39-11-7 Regulations governing grading, production, and distribution standards--Plant requirements--Enforcement
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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…
SDCL § 39-11-8 Federal standards as guide in establishing grade requirements
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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, § 22.0…
SDCL § 39-11-9 Candling required before payment of producers--Payment based on estimated value
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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 an…