Title 39, FOOD AND DRUGS

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).

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…

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…

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…

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…

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 …

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).

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…

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…

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…

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…

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…

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…

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…

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 …

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…

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 …

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, …

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…

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…

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…

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…

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…

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…

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 …

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…

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), …

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…

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…

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…

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 .

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…

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…

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.

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…

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, …

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…

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…

Except as prohibited by federal law and subject to SL 2026, ch 168, § 2, and notwithstanding any other provision of this chapter, a producer may sell meat or meat food products from cattle, sheep, swine, or goats, which were raised by the producer and slaughtered at a custom exem…

During the period beginning July 1, 2026, and ending June 30, 2031, a person may not sell, manufacture, offer for sale, hold for sale, or distribute in this state any product containing cell-cultured protein. The Animal Industry Board shall enforce this section using its existing…

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…

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…

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…

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…