Title 39 — FOOD AND DRUGS

Source: SDC 1939, § 22.1004; SL 1941, ch 96 ; SL 1943, ch 87 , § 1; SL 1947, ch 97 , § 1; SL 1966, ch 8 , § 4 (d); SL 1993, ch 304 , § 18; SL 2017, ch 43 , § 14.

Terms used in this chapter mean: (1) "Advertisement," all representations, other than those on the label, disseminated in any manner or by any means, relating to animal remedies as defined in this chapter; (2) "Animal," any animate being, which is not human, endowed with the powe…

The secretary of agriculture and natural resources may refuse to issue any certificate of registration for an animal remedy to any applicant if available facts indicate that the product proposed for registration is of negligible or no value for the correcting, alleviating, or mit…

When an animal remedy has been registered and the fee paid by the manufacturer, or distributor, no other person shall be required to pay such fee. Source: SL 1966, ch 8 , § 4 (e).

No person shall sell, deliver, hold, or offer for sale any animal remedy which has not been registered with the secretary of agriculture and natural resources as provided in §§ 39-18-3 to 39-18-8 , inclusive. Source: SL 1929, ch 238 , § 12; SDC 1939, § 22.9917; SL 1964, ch 6 , § …

Any retailer of animal remedies who has bought a supply of animal remedies at a time, as shown by invoice dates, when such remedies were registered, may sell or otherwise dispose of such remedies without reregistering them. Source: SL 1966, ch 8 , § 4 (f).

No person shall compound, manufacture, make, produce, pack, package, or prepare within this state any animal remedy to be offered for sale or distribution unless such compounding, manufacture, making, producing, packaging, packing, or preparing is done with adequate equipment und…

Any animal remedy distributed in this state shall be accompanied by a legible label bearing the following information: (1) The name and principal addresses of the manufacturer or person responsible for placing such animal remedy on the market; (2) The name, brand, or trade - mark…

No person shall forge, counterfeit, simulate, or falsely represent, or without proper authority use, any mark, stamp, tag, label, or other identification device required by §

No person shall alter, mutilate, destroy, obliterate, or remove any part of the labeling of any animal remedy if such acts result in such animal remedy being misbranded, or do any other act, while such animal remedy is being held for sale, which results in the misbranding of such…

An animal remedy shall be deemed to be misbranded if it is not labeled as required in § 39-18-15 and in regulations promulgated under this chapter. Source: SDC 1939, § 22.1006 as added by SL 1949, ch 83 ; SL 1964, ch 6 , § 6; SL 1966, ch 8 , § 7 (c).

An animal remedy shall be deemed to be misbranded if the labeling is false or misleading in any particular. Source: SL 1966, ch 8 , § 7 (a).

This chapter shall be administered by the secretary of agriculture and natural resources of the State of South Dakota, hereinafter referred to as the "secretary." Source: SL 1929, ch 238 , § 13; SDC 1939, § 22.1001; SL 1964, ch 6 , § 1; SL 1966, ch 8 , § 2; SL 2021, ch 1 (Ex. Ord…

An animal remedy shall be deemed to be misbranded if any word, statement, or other information required to appear on the label is not prominently placed on such label with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling and in s…

An animal remedy shall be deemed to be misbranded if its container is so made, formed, or filled as to be deceptive or misleading as to the amount of contents. Source: SL 1966, ch 8 , § 7 (b).

An animal remedy shall be deemed to be misbranded if it is distributed under the name of another animal remedy. Source: SL 1966, ch 8 , § 7 (d).

An animal remedy shall be deemed to be misbranded if it is dangerous to the health of animals when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling of such remedy. Source: SL 1966, ch 8 , § 7 (e).

Any animal remedy that is manufactured and distributed under license from and under the supervision of the United States Department of Agriculture, and in compliance with the regulations of such department complies with §§ 39-18-18 to 39-18-23 , inclusive. Source: SL 1966, ch 8 ,…

An animal remedy shall be deemed to be adulterated if it consists in whole or in part of any filthy, putrid, or decomposed substance. Source: SL 1966, ch 8 , § 6 (c).

An animal remedy shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health under such conditions of use as are customary or usual. Source: SL 1966, ch 8 , § 6 (d).

An animal remedy shall be deemed to be adulterated if its container is composed of any injurious or deleterious substance which may render it injurious to health. Source: SL 1966, ch 8 , § 6 (e).

An animal remedy shall be deemed to be adulterated if it was prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to animal health. Source: SL 1966, ch 8 , § 6 (a).

An animal remedy shall be deemed to be adulterated if its composition, purity, strength, or quality falls below or differs from that which it is purported or is represented to possess by its labeling; but, the secretary of agriculture and natural resources shall allow a reasonabl…

Before being distributed in South Dakota, each animal remedy shall be registered by the manufacturer or the person responsible for distributing the animal remedy. Source: SL 1929, ch 238 , § 5; SDC 1939, § 22.1004; SL 1941, ch 96 ; SL 1943, ch 87 , § 1; SL 1947, ch 97 , § 1; SL 1…

No person shall manufacture, sell, deliver, hold, or offer for sale any animal remedy that is adulterated or misbranded. Source: SL 1966, ch 8 , § 10 (b).

No person shall give a guaranty which is false, except a person who relied on a guaranty to the same effect signed by, and containing the name and address of, the person from whom he received the animal remedy in good faith. Source: SL 1966, ch 8 , § 10 (g).

No person shall disseminate any advertisement which is false or misleading in any respect, but no person or medium for the dissemination of any advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, is subject…

No person shall sell or offer to sell any biological product that has not been kept in refrigeration under conditions prescribed by the rules and regulations promulgated and adopted by the secretary of agriculture and natural resources. Source: SL 1966, ch 8 , § 10 (j); SL 2021, …

Except as provided in § 39-18-34.1 , this chapter does not apply to persons licensed to practice veterinary medicine in this state in the practice of their profession. Source: SL 1966, ch 8 , § 13; SL 1987, ch 29 , § 95.

The sale, dispensing, shipping, or otherwise making available of a veterinary drug product label containing the legend "Caution: Federal Law restricts this drug to use by or on the order of a licensed veterinarian" shall result from a relationship between the veterinarian and his…

The secretary of agriculture and natural resources is hereby charged with the enforcement of this chapter, and may promulgate rules pursuant to chapter 1-26 pertaining to the labeling, inspection, sampling, analysis, storage, distribution, registration, manufacturing, production,…

The secretary of agriculture and natural resources may publish at such times and in such forms as he may deem proper, information concerning the sales of animal remedies, together with such data on their production and use as he may consider advisable, and a report of the results…

A violation of this chapter or of any administrative rule issued pursuant thereto is a Class 2 misdemeanor. Source: SL 1929, ch 238 , § 12; SDC 1939, § 22.9917; SL 1964, ch 6 , § 7; SL 1966, ch 8 , § 14 (a); SL 1977, ch 190 , § 415.

The secretary of agriculture and natural resources shall make all necessary investigations pertinent to the enforcement of this chapter. Source: SL 1929, ch 238 , § 13; SDC 1939, § 22.1001; SL 1964, ch 6 , § 1; SL 1966, ch 8 , § 8 (a); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. A…

The secretary of agriculture and natural resources or his agent shall have free access at all reasonable hours to any establishment in which animal remedies are manufactured, processed, packed, sold, or offered for sale, to inspect such premises and to determine whether the provi…

Section 39-18-3 does not apply to an animal remedy intended solely for investigational, experimental, or laboratory use by qualified persons, provided such remedy is plainly labeled "for investigational use only." Source: SL 1966, ch 8 , § 4 (g).

The secretary of agriculture and natural resources or his agent may secure samples or specimens of any animal remedy after paying or offering to pay for them, and he shall make an examination or analysis of such samples to determine whether the provisions of this chapter are bein…

No person shall refuse to permit entry or inspection, or to permit the acquisition of a sample or specimen of an animal remedy, as authorized by §§ 39-18-39 and

When the inspection and analysis of an official sample indicates an animal remedy has been adulterated or misbranded, the results of analysis shall be forwarded by the secretary of agriculture and natural resources to the distributor and the purchaser. Upon request within fifteen…

The secretary of agriculture and natural resources or any of his agents shall not use or reveal information acquired under §§ 39-18-5 , 39-18-6 , and 39-18-38 to 39-18-40 , inclusive, except in the enforcement of this chapter, or to the courts, when relevant. Source: SL 1966, ch …

The secretary of agriculture and natural resources shall cause animal remedies, which are found or believed not to comply with this chapter to be withheld from sale pending compliance with such chapter. Source: SL 1966, ch 8 , § 11; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr.…

Whenever the secretary of agriculture and natural resources or his authorized agent finds or has reasonable cause to believe an animal remedy is adulterated or misbranded under any of §§ 39-18-18 to 39-18-29 , inclusive, he shall affix to such article a tag or other appropriate m…

If an article detained pursuant to § 39-18-45 is found, after examination and analysis, to be adulterated or misbranded, the secretary of agriculture and natural resources may petition the judge of any court of competent jurisdiction in whose jurisdiction the article is detained …

If the court finds that a detained animal remedy is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the defendant under the supervision of the secretary of agriculture and natural resources or his agent; all court costs and…

If the adulteration or misbranding of a detained animal remedy can be corrected by proper processing or labeling of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a sufficient bond, conditioned that such article shall…

The secretary of agriculture and natural resources shall report violations of this chapter to the proper prosecuting authorities. Source: SL 1966, ch 8 , § 14 (b); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.

Any person may make application for the registration of any animal remedy by filing with the secretary of agriculture and natural resources, on forms furnished by him, a statement with respect to such animal remedy setting forth: (1) The name and principal address of the manufact…

Section 39-18-49 does not require the secretary of agriculture and natural resources to report, for the institution of prosecution under this chapter, minor violations of this chapter if he believes the public interest will be adequately served in the circumstances by a suitable …

Each state, county, or city attorney to whom the secretary of agriculture and natural resources reports any violation of this chapter, shall institute appropriate proceedings in any court of competent jurisdiction without delay. Before any such violation is reported to any such a…

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…