Title 39 — FOOD AND DRUGS
24 chapters · 291 sections in this title.
SDCL § 39-13-1 Definition of terms
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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 volu…
SDCL § 39-13-10 Manufacture, sale, or possession of adulterated, misbranded, or improperly labeled nonalcoholic beverage or concentrate as petty offense
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It is a petty offense for any person to manufacture, sell, offer, or expose for sale or to have in possession with intent to sell any nonalcoholic beverage or beverage concentrate that contains any ingredient injurious to health or that is adulterated, misbranded, insufficiently,…
SDCL § 39-13-11 Manufacture, sale, or possession of adulterated or misbranded alcoholic beverage as petty offense--Compliance with federal labeling requirements
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It is a petty offense for any person to manufacture, sell, offer, or expose for sale or to have in possession with intent to sell any alcoholic beverage that is adulterated or misbranded or not registered within the meaning of this chapter. For the purposes of this chapter, an al…
SDCL § 39-13-13 Administration and enforcement of chapter--Enforcement powers
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The secretary of revenue with respect to alcoholic beverages, and the Division of Commercial Inspection and Licensing with respect to nonalcoholic beverages, concentrates, and flavors, are charged with administration and enforcement of this chapter. The secretary of agriculture a…
SDCL § 39-13-14 Identification and examination of samples collected
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All samples collected shall be sealed and marked with identifying marks in the presence of the dealer or person from whom taken, and shall be promptly forwarded to the director of laboratories for examination. It shall be the duty of the director of laboratories to examine all sa…
SDCL § 39-13-15 Publication of analyses and information
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The secretary of revenue with respect to alcoholic beverages, and the Division of Commercial Inspection and Licensing with respect to other products within the purview of this chapter, shall have authority to publish analyses and to gather and disseminate useful information for t…
SDCL § 39-13-16 Representation of product as honey as petty offense if not pure honey from bees
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It is a petty offense for any person to package or bottle any product and label the product as honey or imitation honey or to use the word honey in any prominent location on the label of such product and to sell or offer for sale any product which is labeled as honey or imitation…
SDCL § 39-13-2 Products exempt from chapter
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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…
SDCL § 39-13-3 Registration required for sale of alcoholic beverage--Application for registration
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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 correc…
SDCL § 39-13-4 Fees for registration of products--Disposition of fees
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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…
SDCL § 39-13-5 Time for annual registration--Expiration
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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 ne…
SDCL § 39-13-6 Retailers and dispensers not required to register previously registered product
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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 f…
SDCL § 39-13-7 Contraband liquor to be registered before sale
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Any contraband alcoholic liquor which has been seized and turned over to the secretary of revenue for sale in accordance with law shall be registered as provided in this chapter before being sold, unless the same be of brands already registered, and registration fee shall be waiv…
SDCL § 39-13-8 Labeling and quality standards applicable
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The requirements for labeling and standards of purity and quality of all beverages and beverage concentrates and flavors included in this chapter shall be the same as those required under the food and drug statutes of this state. Source: SL 1937, ch 201 , § 2; SDC 1939, § 22.0904…
SDCL § 39-13-9 Cleansing and sterilizing of containers
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All bottles and other small containers in which the beverages defined in § 39-13-1 are put up by manufacturers or bottlers shall be cleansed and sterilized before being filled. Source: SL 1937, ch 201 , § 2; SDC 1939, § 22.0904.