Title 39 — FOOD AND DRUGS
24 chapters · 291 sections in this title.
SDCL § 39-5-10 Cooperation by secretary with federal, state or local agencies--Acceptance of federal aid
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The secretary of the Animal Industry Board may cooperate with the federal government in carrying out the provisions of this chapter or the Federal Wholesome Meat Act, including acceptance of federal financial, training, and other assistance, and for purposes of the more effective…
SDCL § 39-5-11 Exemptions from inspection and preparation provisions
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The following meat and meat products to be used for human consumption are exempt from the inspection and preparation provisions of this chapter: (1) Any livestock producer with respect to slaughter on his own farm of livestock raised by him on his own farm and with respect to the…
SDCL § 39-5-11.1 License required for meat processors
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Any official establishment, slaughtering establishment, meat processing establishment, custom exempt plant, or retail store meat processor, as defined in § 39-5-6 , that is required to be inspected pursuant to §§ 39-5-15 , 39-5-16 , and 39-5-17 in order to operate under this chap…
SDCL § 39-5-11.2 Continuing education for meat processor
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A designated representative of an establishment or entity licensed pursuant to § 39-5-11.1 , except a retail store meat processor, shall, once every three years, undergo continuing education training to improve the safety and efficiency of the establishment's or entity's operatio…
SDCL § 39-5-12 Withdrawal or denial of exemption by secretary
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The secretary of the Animal Industry Board may withdraw or deny any exemption under § 39-5-11 with respect to any person whenever he finds that such action will aid in effectuating the purposes of this chapter. Source: SL 1968, ch 158 , § 13 (b).
SDCL § 39-5-13 Acts or transactions and carcasses, parts or meat food products regulated under Federal Wholesome Meat Act exempt
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The provisions of this chapter shall not apply to any act or transaction subject to exclusive regulation under the Federal Wholesome Meat Act. The provisions shall not apply to carcasses, parts thereof or meat food products of livestock to the extent that they are subject to regu…
SDCL § 39-5-14 Adulterated carcass, part, or meat food product defined
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For purposes of this chapter, the term "adulterated" shall apply to any carcass, part thereof, or meat food product under one or more of the following circumstances: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in…
SDCL § 39-5-15 Application for inspection services
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Persons desiring to operate under this chapter shall apply to the secretary of the Animal Industry Board on forms approved and provided by the secretary. The application shall include the name and address of the establishment, type of establishment, type of building, number of em…
SDCL § 39-5-16 Ante - mortem inspection of livestock
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For the purpose of preventing the entry into or movement in intrastate commerce of any livestock carcass, part thereof, or meat food product which is adulterated and is capable of use as human food, the secretary of the Animal Industry Board shall cause ante - mortem inspection t…
SDCL § 39-5-17 Post - mortem inspection of carcasses and parts--Inspection of meat food products
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For the purpose stated in § 39-5-16 , whenever slaughtering or other operations are being conducted in any establishment in this state in which carcasses, parts thereof, or meat food products capable of use as human food are prepared solely for intrastate commerce, the secretary …
SDCL § 39-5-18 Inspections made by or under supervision of veterinary inspectors
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The inspections required by §§ 39-5-16 , 39-5-17 , and 39-5-20 to 39-5-22 , inclusive, shall be made by veterinary inspectors or by other inspectors under the supervision of veterinary inspectors. Source: SL 1968, ch 158 , § 3 (d).
SDCL § 39-5-19 Cost of inspection--Rates for overtime, night, and holiday work
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The cost of inspection rendered under this chapter shall be borne by this state except as otherwise provided in § 39-5-10 and except that the cost of overtime, night, and holiday work performed in establishments subject to the provisions of this chapter at such rates as the secre…
SDCL § 39-5-20 Quarantine, segregation, and reinspection of livestock, carcasses and parts, and meat food products
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The secretary of the Animal Industry Board shall also cause, at any time, such quarantine, segregation, and reinspection of livestock, livestock carcasses and parts thereof, and meat food products in any such establishments as he deems necessary to effectuate the purposes of this…
SDCL § 39-5-21 Condemnation and destruction of adulterated carcasses, parts, and meat food products--Reprocessing authorized
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All livestock carcasses, parts thereof and meat food products found by an inspector to be adulterated in any official establishment shall be condemned and shall if no appeal be taken from such determination of condemnation, be destroyed for human food purposes under the supervisi…
SDCL § 39-5-22 Appeal from condemnation determination--Inspection and costs--Destruction of articles
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If any appeal be taken from a determination under § 39-5-21 , the articles shall be appropriately marked and segregated pending completion of an appeal inspection, which shall be at the cost of the appellant if the secretary of the Animal Industry Board determines that the appeal…
SDCL § 39-5-23 Refusal or withdrawal of inspection--Grounds and procedure for action by secretary
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The secretary of the Animal Industry Board may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter), refuse to provide, or withdraw, inspection services under this chapter with respect to any establishment if he determines, after op…
SDCL § 39-5-23.1 Inhumane slaughtering--Refusal or suspension of inspection
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For the purpose of preventing the inhumane slaughtering of livestock, the secretary of the Animal Industry Board shall examine and inspect the method by which cattle, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorize…
SDCL § 39-5-23.2 Humane methods of slaughtering
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Either of the following two methods of slaughtering of livestock and handling of livestock in connection with slaughter are found to be humane: (1) In the case of cattle, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and autho…
SDCL § 39-5-24 Facilities and sanitary practices of establishments operated in accordance with regulations of secretary--Inspection of carcasses, parts, or meat food products required for admittance into establishment
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Each establishment at which livestock are slaughtered or livestock carcasses or parts thereof or meat food products are prepared solely for intrastate commerce shall have such premises, facilities, and equipment, and be operated in accordance with such sanitary practices, as are …
SDCL § 39-5-25 Regulation of entry and handling of equine carcasses and products or other meat food products in official establishments
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If required by rules promulgated pursuant to chapter 1-26 by the secretary, equines and their carcasses, parts thereof, and meat food products shall be prepared in establishments separate from the establishments in which cattle, bison, sheep, swine, goats, ratites, captive cervid…
SDCL § 39-5-26 Misbranded carcass or meat food product defined--Cell-cultured protein
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For purposes of this chapter, the term "misbranded" applies to any carcass, part thereof, or meat food product under one or more of the following circumstances: (1) If its labeling is false or misleading; (2) If it is offered for sale under the name of another food; (3) If it is …
SDCL § 39-5-27 Labeling and marking of carcasses, parts, meat food products or containers required
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All carcasses, parts of carcasses, and meat food products inspected at any establishment under the authority of this chapter and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, …
SDCL § 39-5-28 Labeling and marking styles and sizes of type--Definitions and standards of identity or composition and standards of fill of container prescribed by secretary
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The secretary of the Animal Industry Board, whenever he determines such action is necessary for the protection of the public, may prescribe: (1) The styles and sizes of type to be used in marking and labeling any articles or animals subject to this chapter, and (2) Definitions an…
SDCL § 39-5-29 False or misleading marking or labeling or misleading container prohibited
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No article subject to this chapter shall be sold or offered for sale or donated by any person in this state, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking a…
SDCL § 39-5-30 Determination and modification by secretary of false or misleading marking, labeling, or container--Hearing on determination
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If the secretary of the Animal Industry Board has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this chapter is false or misleading in any particular, he may direct that such u…
SDCL § 39-5-31 Meat processors and related industries subject to regulation by secretary
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The secretary of the Animal Industry Board may by regulations prescribe conditions under which carcasses, parts of carcasses, and meat food products of livestock capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, se…
SDCL § 39-5-32 Meat and meat products not to be used for human consumption--Denaturing or identification as inedible required
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Inspection shall not be provided under this chapter at any establishment for the slaughter of livestock, or the preparation of any carcasses or parts or products of livestock, which are not intended for use as human food, but such articles shall, unless naturally inedible by huma…
SDCL § 39-5-33 Registration of meat brokers, renderers, animal food manufacturers, wholesalers or warehousemen
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No person shall engage in this state in business as a meat broker, inedible products renderer, or animal food manufacturer, or as a wholesaler of any carcasses, or parts or products of the carcasses, of any livestock, whether intended for human food or other purposes, or as a pub…
SDCL § 39-5-34 Regulation of dealing in diseased, dying, crippled or dead livestock
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No person engaged in this state in the business of buying, selling, or transporting dead, dying, crippled, or diseased livestock or any parts of the carcasses of any livestock that died otherwise than by slaughter, shall buy, sell, donate, transport, or offer or receive for sale …
SDCL § 39-5-35 Disposal of carcasses, parts, or meat food products from noncomplying official establishments
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Carcasses, parts thereof, and meat food products which, in any establishment at which inspection is maintained under this chapter, are prepared, wholly or in part, without supervision of an inspector as required by the secretary of the Animal Industry Board, or otherwise not in c…
SDCL § 39-5-36 Records required of all types of meat businesses
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Any person who engages in this state, in the business of slaughtering any livestock, or preparing, freezing, packaging, or labeling any carcasses or parts or products of carcasses, of any livestock, for use as human or animal food or rendering (as an inedible products renderer), …
SDCL § 39-5-37 Detention of carcass, part, or meat food product, inedible product, or dying, crippled or diseased livestock--Grounds and procedure for action by secretary
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Whenever any carcass, part of a carcass, or meat food product of any livestock or any product exempted from the definition of a meat food product, or any dying, crippled, or diseased livestock is found by any authorized representative of the secretary of the Animal Industry Board…
SDCL § 39-5-38 Seizure and condemnation of articles or animals in violation--Procedure for disposal of articles or animals
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Any carcass, part of a carcass, or meat food product of any livestock or any dying, crippled, or diseased livestock that is being transported in this state, or is held for sale or donation in this state after such transportation, and that: (1) Is or has been prepared, sold, trans…
SDCL § 39-5-39 Prohibited acts
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The following acts, or the causing thereof, by any person within this state, are hereby prohibited, except as otherwise provided under § 39-5-11 : (1) The slaughter of livestock or the preparation of any carcasses, parts thereof, or meat food products of livestock at any establis…
SDCL § 39-5-39.1 Sale of diseased carcass for human consumption as felony
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Any person who violates the provisions of § 39-5-34 by knowingly selling or offering for sale carcasses or parts of carcasses of diseased animals for human consumption is guilty of a Class 6 felony. Source: SL 1983, ch 285 . 39-5-40. Repealed by SL 1977, ch 190 , § 364
SDCL § 39-5-40 Repealed by SL 1977, ch 190 , § 364 39-5-41 Principal or employer liable for acts or omissions of agent or employee
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39-5-42 Notice of report of violation by secretary to state's attorney--Warning notice by secretary authorized. 39-5-43 Circuit court jurisdiction. 39-5-44 Notice of operation of inspection and regulatory provisions. 39-5-45 Severability of chapter. 39-5-46 39-5-46 to 39-5-54. Tr…
SDCL § 39-5-41 Principal or employer liable for acts or omissions of agent or employee
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When construing or enforcing the provisions of this chapter, the act, omission, or failure of any person acting for or employed by an individual, partnership, limited liability company, corporation, association, or other business unit, within the scope of employment or office, sh…
SDCL § 39-5-42 Notice of report of violation by secretary to state's attorney--Warning notice by secretary authorized
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Before any violation of this chapter is reported by the secretary of the Animal Industry Board to the state's attorney of any county of this state for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of…
SDCL § 39-5-43 Circuit court jurisdiction
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The circuit court of South Dakota is hereby vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this chapter and shall have jurisdiction in all other kinds of cases arising under this chapter. Source: SL 1968, ch 158 , § 20.
SDCL § 39-5-44 Notice of operation of inspection and regulatory provisions
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Provisions of this chapter relative to inspections, sanitation, labeling requirements, penalties, seizures, and injunctive relief shall not become operative until thirty days after the giving of notice thereof by the secretary of the Animal Industry Board by posting of such notic…
SDCL § 39-5-45 Severability of chapter
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If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this chapter, and of the application of such provisions to other persons and circumstances shall not be affected thereby. Source: SL 1968, …
SDCL § 39-5-5 Sign and labeling required for sale of imported meat--Misdemeanor
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Any person who knowingly sells or offers for sale any meat which is the product of any foreign country or imported from without the boundaries of the United States, or any meat product containing such imported meat, without indicating this fact by display of a conspicuous sign in…
SDCL § 39-5-55 Cell-cultured protein--State moneys prohibited--Exclusions
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Except as otherwise provided for in this section, no state moneys may be awarded or used, directly or indirectly, for research, production, promotion, or the sale or distribution of cell-cultured protein. The prohibition in this section does not apply to the Board of Regents, any…
SDCL § 39-5-6 Definition of terms
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Terms used in this chapter mean: (1) "Animal food manufacturer," any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of livestock; (2) "Capable for use as human food," any c…
SDCL § 39-5-7 Enforcement of chapter by secretary through inspectors and employees of Animal Industry Board
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The secretary of the Animal Industry Board is hereby authorized to enforce the provisions of this chapter through such meat inspectors and other employees of the Animal Industry Board of this state as he may designate or appoint consistently with the provisions of this chapter. S…
SDCL § 39-5-8 Rules and regulations of secretary--Reports required--Conformity of rules to Federal Wholesome Meat Act
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In addition to the regulations specifically authorized by this chapter, the secretary of the Animal Industry Board may promulgate such rules and regulations, and require such reports from persons subject to this chapter as he deems appropriate to carry out the purposes and provis…
SDCL § 39-5-9 Power of secretary to administer oaths and require attendance of witnesses--Self - incrimination privilege of witnesses
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For purposes of the administration of this chapter, the secretary of the Animal Industry Board shall have power to administer oaths and affirmations and take depositions and to require by subpoena the attendance and testimony of witnesses and the production of documentary evidenc…