Title 39 — FOOD AND DRUGS

The purpose of this chapter is to protect the public from confusion, fraud, and deception; to prohibit practices inimical to the general welfare; and to promote the orderly and fair marketing of essential foods. Source: SL 1951, ch 114 , § 2; SDC Supp 1960, § 22.05A02; SL 1987, c…

Terms used in this chapter mean: (1) "Artificial dairy products," any food which by its composition, intended use, sensory qualities, physical properties, package or label description purports to resemble or imitate any dairy product listed in subdivision (1) of this section; (2)…

Notwithstanding § 39-7-2 , the term "artificial dairy product" may not be construed to mean or include: (1) Any distinctive proprietary food compound not readily mistaken for a dairy product, where such compound is customarily used on the order of a physician and is prepared and …

It is a Class 1 misdemeanor for any person, firm, or corporation, its employee or agent, or as the employee or agent of another, to knowingly manufacture, sell, exchange, or possess an artificial dairy product which does not adhere to the labeling requirements for artificial dair…

The statement, "artificial dairy product," shall be indicated in the upper thirty percent of the principal display panel of the package or container of an artificial dairy product. The statement may not be less than one - half of the size of the product name, but in no event smal…

Any artificial dairy product shall comply with the applicable federal requirements set forth in section 403 of the Federal Food, Drug and Cosmetic Act, and Code of Federal Regulations, title 21, sections 101 and 105 as of January 1, 1987. Source: SL 1987, ch 292 , § 7.

The product name of an artificial dairy product shall be presented in bold face type on the principal display panel and shall be in lines generally parallel to the base of the container or package. Source: SL 1987, ch 292 , § 8.

Any nonliquid topping, dry coffee whitener, frozen liquid whitener, and margarine - type product is not subject to the requirements in this chapter. Source: SL 1987, ch 292 , § 9.

Any artificial dairy product shall have on the principal display panel information which shall provide the major differences between the artificial dairy product and the dairy product it resembles. The information shall be in a type size which is at least twenty - five percent of…

A nutritional panel shall be provided on an artificial dairy product which indicates the quantitative nutritional differences between the artificial dairy product and the dairy product it resembles in comparative columns. The nutrients to be included are those for which a United …

The provisions of this chapter do not apply to any package containing an individual serving of less than one - half ounce or one - half fluid ounce of an artificial dairy product for use in a restaurant, institution, or passenger carrier, and not otherwise packaged for sale at re…

The secretary of agriculture and natural resources is authorized and directed to administer and supervise the enforcement of this chapter; to provide for such periodic inspections and investigations as he may deem necessary to disclose violations; to receive and provide for the i…

The provisions of this chapter may be enforced by injunction in any court having jurisdiction to grant injunctive relief, and artificial dairy products illegally held or otherwise involved in a violation of this chapter shall be subject to seizure and disposition in accordance wi…

This chapter may be cited as the South Dakota Artificial Dairy Products Act. Source: SL 1951, ch 114 , § 1; SDC Supp 1960, § 22.05A01; SL 1987, ch 292 , § 14.