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South Dakota Statutes, Title 39

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South Dakota/Statutes

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Title 39, FOOD AND DRUGS

24 chapters · 277 sections in this title.

All chapters in Title 39277 Ch 18, ANIMAL REMEDIES54 Ch 5, MEAT AND MEAT PRODUCTS48 Ch 14, COMMERCIAL FEEDS45 Ch 4, ADULTERATED AND MISBRANDED FOODS28 Ch 1, ENFORCEMENT POWERS AND GENERAL PROVI…18 Ch 11, EGGS AND EGG PRODUCTS16 Ch 8, FROZEN DESSERTS15 Ch 13, BEVERAGES, CONCENTRATES AND FLAVORS15 Ch 7, ARTIFICIAL DAIRY PRODUCTS14 Ch 6, MILK AND MILK PRODUCT GRADES AND STA…13 Ch 15, ADULTERATED AND MISBRANDED DRUGS11

11 sections·Filtered byTitle 39✕Ch 15✕

SDCL § 39-15-1 Substances subject to chapter
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The term "drug" as used in this chapter shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixtures of substances intended to be used for the cure, mitigation, or prev…
SDCL § 39-15-10 Manufacture or sale of adulterated or misbranded drug as misdemeanor
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No person shall manufacture, sell, or offer for sale any drug which is adulterated or misbranded within the meaning of this chapter. A violation of this section is a Class 2 misdemeanor. Source: PenC 1877, § 453; CL 1887, § 6654; SL 1893, ch 132 , § 10; RPolC 1903, § 278; SL 1909…
SDCL § 39-15-11 Reliance by dealer on guarantee by distributor--Liability to fines and penalties--Contents of guarantee
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Whenever any dealer shall have received a guaranty, signed by the wholesaler, jobber, manufacturer, or other person, residing within the United States, from whom he purchased the drug, to the effect that the same is not adulterated or misbranded as defined in this chapter, he sha…
SDCL § 39-15-2 Substandard drug sold under recognized name deemed adulterated--Lower standards stated on container

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For the purposes of this chapter a drug shall be deemed adulterated if, when sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity as determined by the test laid down in such pharm…

SDCL § 39-15-3 Strength or purity below professed standard deemed adulteration

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For the purposes of this chapter a drug shall be deemed adulterated if its strength or purity falls below the professed standard or quality under which it is sold. Source: SL 1907, ch 151 , § 35; SL 1909, ch 180 , § 3; RC 1919, § 7852 (2); SL 1921, ch 238 ; SDC 1939, § 22.1102 (2…

SDCL § 39-15-4 Unsanitary storage and dispensing conditions deemed adulteration

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For the purposes of this chapter a drug shall be deemed adulterated if the storeroom, prescription case, shelves, containers, or utensils used for dispensing drugs are not at all times kept in a clean and sanitary condition. Source: SL 1921, ch 238 ; SDC 1939, § 22.1102 (3).

SDCL § 39-15-5 False label as to purity, effect, or contents as misbranding

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For the purposes of this chapter a drug shall be deemed to be misbranded if the package or label shall bear or contain any statement, design, or device regarding the purity or therapeutic effect of such article or any of the ingredients or substances contained therein, which is f…

SDCL § 39-15-6 False label as to place of origin as misbranding

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For the purposes of this chapter a drug shall be deemed to be misbranded if the package or label is false or misleading as to the state, territory, or country in which the drug was manufactured or produced. Source: SL 1907, ch 151 , § 35; SL 1909, ch 180 , § 4; RC 1919, § 7853; S…

SDCL § 39-15-7 Imitation or sale under name of another article as misbranding

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For the purposes of this chapter a drug shall be deemed to be misbranded if it be an imitation of or offered for sale under the name of another article. Source: SL 1907, ch 151 , § 35; SL 1909, ch 180 , § 4; RC 1919, § 7853; SDC 1939, § 22.1103 (3).

SDCL § 39-15-8 Reuse of container as misbranding--Alcohol and narcotics to be stated in label--Prescription drugs and standard name sales exempt

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For the purposes of this chapter a drug shall be deemed to be misbranded if the contents of the package as originally packed shall have been removed in whole or in part and other contents shall have been placed in such package, or if the package fail to bear a statement on the la…

SDCL § 39-15-9 Exemption of drugs intended for export--Provisions applicable if sold domestically

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No drug shall be deemed misbranded or adulterated, within the meaning of this chapter, when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser, if no substance is used in the preparation or pack…