Title 39 — FOOD AND DRUGS

Terms used in this chapter mean: (1) "Distributor," any person not a frozen dessert manufacturer that purchases such products in final package form from a frozen dessert manufacturer for resale; (2) "Frozen dessert manufacturer," any person who manufactures, or processes, any mix…

The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 fixing standards of identity, standards of quality, and standards for fill of container for frozen desserts concerning: (1) Ice cream and label statement of optional ingredients; (2…

A frozen dessert or mix shall be deemed adulterated for purposes of this chapter: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; (2) If any valuable constituent has been in whole or in part omitted or abstracted therefr…

A frozen dessert or mix shall be deemed misbranded for purposes of this chapter: (1) If its labeling is false or misleading in any manner; (2) If it is offered for sale under the name of another food; (3) If any word, statement, or other information required by or under authority…

It is a Class 2 misdemeanor for any person to manufacture, freeze, sell, offer or expose for sale, or have in possession with intent to sell, any frozen dessert or mix which is adulterated or misbranded. Source: SL 1937, ch 198 , § 10; SDC 1939, § 22.0611; SL 1947, ch 95 , § 3; S…

Any person who violates any of the provisions of this chapter or the rules and regulations issued thereunder, or who impedes, obstructs, hinders, or prevents the secretary of agriculture and natural resources or his duly authorized agent in performance of his duty in connection w…

This chapter shall be known as the "South Dakota Frozen Desserts Law." Source: SL 1965, ch 104 , § 1.

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 1937, ch 198 , § 11; SDC 1939, § 22.0602; SL 1965, ch 104 , § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. …

The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 to establish minimum standards of construction for frozen dessert plants concerning: (1) Floors, walls, ceilings; (2) Doors and windows; (3) Lighting and ventilation; (4) Toilet and…

The secretary of agriculture and natural resources shall promulgate rules pursuant to chapter 1-26 to establish minimum standards of sanitation for the operation of a frozen dessert plant concerning: (1) Washing, cleaning, maintenance, and condition of floors, walls, and ceilings…

All containers of frozen dessert mix shall be conspicuously labeled as to the contents of the container, the name and address of the manufacturer or distributor. Source: SL 1965, ch 104 , § 4 (d).

Frozen desserts sold in other than individual serving devices, shall be sold in terms of gallons, quarts, or pints weighing not less than four and one - half pounds per gallon, or less than thirty - six ounces per one - half gallon, or less than nine ounces per pint. If the avera…

All packages and final delivery containers for frozen desserts shall be labeled with the size of the container in terms of pints, quarts, or gallons. All packages containing less than one pint shall be labeled with the volume of the container in terms of net fluid ounces. Source:…

Frozen desserts sold in package form as final delivery containers shall be labeled with: (1) Name of the product; (2) The name and address of the manufacturer or distributor and the word manufacturer or distributor whichever is applicable; (3) The size of the container in terms o…

Packages and final delivery containers of frozen dessert as identified under this chapter which are filled in the presence of the purchaser at retail shall be exempted from the labeling requirements of §§ 39-8-7 and