Title 39 — FOOD AND DRUGS

Source: SL 1964, ch 5 , § 10; SDCL, § 39-14-22; SL 1970, ch 228 , § 10 (2); SL 1986, ch 326 , § 76; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.

Terms used in this chapter mean: (1) "Brand name," any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others; (2) "Commercial feed," any material except unmixed seed, who…

39-14-41

No person who manufactures a commercial feed within the state, or whose name appears on the label of a commercial feed as guarantor, may distribute a commercial feed in the state without first obtaining a commercial feed license from the secretary on forms provided by the secreta…

39-14-42 Refusal or cancellation of commercial feed license--Hearings and opportunity to amend. 39-14-43 Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food. 39-14-43.1 Deposits in animal disease research and diagnostic laboratory bond redemption and o…

The secretary may request from a license applicant or licensee, copies of labels and labeling in order to determine compliance with the provisions of this chapter. Source: SL 1993, ch 304 , § 11.

The secretary of agriculture and natural resources may reject the commercial feed license application of any firm not in compliance with the provisions of this chapter and may cancel the commercial feed license of any firm subsequently found not to be in compliance with any provi…

An inspection fee established in rules promulgated by the secretary of agriculture and natural resources pursuant to chapter 1-26 , but not to exceed twenty-four cents per ton, shall be paid on commercial feeds distributed in this state by the person who distributes the commercia…

An amount equal to seventy-four dollars per product on pet food and eighty-six dollars and fifty cents per product on specialty pet food, as provided in § 39-14-43 , shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations…

Any person who is liable for payment of an inspection fee shall: (1) File, not later than the last day of January of each year, an annual statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding twelve months. Upon filing …

A commercial feed shall be deemed to be adulterated 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 commercial feed shall not be considered adulterated under this sec…

A commercial feed shall be deemed to be adulterated if it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (1) a pestici…

A commercial feed is adulterated if it is, or it bears, or contains any color additive that is unsafe within the meaning of section 706 of the Federal Food, Drug and Cosmetic Act as amended to January 1, 1993. A commercial feed is adulterated if it is, or it bears, or contains an…

A commercial feed shall be deemed to be adulterated if it is, or it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act. Source: SL 1970, ch 228 , § 7 (1) (c).

A commercial feed shall be deemed to be adulterated if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408 (a) of the Federal Food, Drug, and Cosmetic Act: Provided, that where a pesticide chemical has…

A commercial feed shall be deemed to be adulterated if any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor. Source: SL 1964, ch 5 , § 7; SDCL, § 39-14-17 (2); SL 1970, ch 228 , § 7 (2).

A commercial feed shall be deemed to be adulterated if its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling. Source: SL 1964, ch 5 , § 7; SDCL, § 39-14-17 (3); SL 1970, ch 228 , § 7 (3).

A commercial feed shall be deemed to be adulterated if it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules promulgated by the secretary of agricultu…

A commercial feed shall be deemed to be adulterated if it contains viable weed seeds in amounts exceeding the limits which the secretary of agriculture and natural resources shall establish by rule pursuant to the provisions of chapter 1-26 . Source: SL 1947, ch 97 , § 4; SDC Sup…

A commercial feed, except a customer - formula feed, shall be accompanied by a label bearing the following information: (1) The net weight; (2) The product name and the brand name, if any, under which the commercial feed is distributed; (3) The guaranteed analysis stated in such …

A customer - formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document bearing the following information: (1) Name and address of the manufacturer; (2) Name and address of the purchaser; (3) Date of delivery; (4) The product name and brand n…

39-14-56 Conditions constituting misbranding. 39-14-57 Prohibited acts. 39-14-58 Administration of chapter by secretary of agriculture and natural resources. 39-14-59 Cooperation by secretary with other agencies. 39-14-60 Promulgation of rules for commercial feeds and pet foods. …

A commercial feed shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is distributed under the name of another commercial feed; (3) If it is not labeled as required in § 39-14-54 or 39-14-55 ; (4) If it purports to be or is re…

The following acts and the causing of such acts within the State of South Dakota are prohibited: (1) The manufacture or distribution of any commercial feed that is adulterated or misbranded; (2) The adulteration or misbranding of any commercial feed; (3) The distribution of agric…

This chapter shall be administered by the secretary of agriculture and natural resources of the State of South Dakota, referred to in this chapter as the "secretary." Source: SL 1929, ch 238 , § 13; SDC 1939, § 22.1001; SL 1964, ch 5 , § 2; SDCL, § 39-14-2; SL 1970, ch 228 , § 2;…

The secretary of agriculture and natural resources may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter. S…

The secretary of agriculture and natural resources may promulgate rules, pursuant to chapter 1-26 , for commercial feeds and pet foods: (1) To provide procedures for registration of commercial feed; (2) To provide procedures for contested case hearings and commercial feed registr…

Before issuance, amendment, or repeal of any rule authorized by this chapter, the secretary of agriculture and natural resources shall publish the proposed rule, amendment, or notice to repeal an existing rule in accordance with §

For the purpose of the enforcement of this chapter, the secretary of agriculture and natural resources or his duly designated agent may enter upon any public or private premises, including any vehicle of transport, during regular business hours to have access to, to obtain sample…

For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the secretary of agriculture and natural r…

A separate notice shall be given for each inspection under § 39-14-63 , but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the ins…

If the owner of any factory, warehouse, or establishment described in § 39-14-63 , or his agent, refuses to admit the secretary of agriculture and natural resources or his agent to inspect in accordance with §§ 39-14-63 and 39-14-64 , the secretary is authorized to obtain from an…

If the officer or employee making inspection of a factory, warehouse, or other establishment under §§ 39-14-63 and 39-14-64 , has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, ope…

Sampling and analysis shall be conducted in accordance with methods published by the association of official analytical chemists, or in accordance with other generally recognized methods. Such methods may be established for use by rules promulgated pursuant to the provisions of c…

The secretary of agriculture and natural resources, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in subdivision 39-14-39 (13) and obtained and analyzed as provided for in §§ 3…

The results of all analyses of official samples shall be forwarded by the secretary of agriculture and natural resources to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated …

Any person who used to his own advantage, or reveals to other than the secretary of agriculture and natural resources, or officers of the secretary, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this chapter, concerning…

When the secretary of agriculture and natural resources or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed rules under this chapter, he may issue…

Any lot of commercial feed not in compliance with any of the provisions of this chapter or with any of the prescribed rules under this chapter shall be subject to seizure on complaint of the secretary of agriculture and natural resources to a court of competent jurisdiction in th…

Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this chapter may within forty - five days thereafter bring action in the circuit court, county of Hughes, for judicial review of such actions. The form of the proceeding shall be any whic…

The secretary of agriculture and natural resources may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule promulgated under the chapter, notwithstan…

Any person who violates any of the provisions of this chapter which are not otherwise classified or who impedes, 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 thi…

Nothing in this chapter shall be construed as requiring the secretary of agriculture and natural resources or his representative to: (1) Report for prosecution; or (2) Institute seizure proceedings; or (3) Issue a withdrawal from distribution order, as a result of minor violation…

It shall be the duty of each state's attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the secretary of agriculture and natural resources reports a violation for s…

The secretary of agriculture and natural resources shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable, and a report of the res…

If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, p…

This chapter shall be known as the South Dakota Commercial Feed Law of 1970. Source: SL 1970, ch 228 , § 1.

The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 to exempt from the definition of "commercial feed" in § 39-14-39 , or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and…