Title 39 — FOOD AND DRUGS

A permit issued pursuant to § 39-6-10 may be suspended by the secretary of agriculture and natural resources or his duly qualified agent or agents upon failure by the holder of the permit to comply with any of the terms of state law and regulation or for interference with inspect…

No permit shall be revoked prior to the hearing provided in § 39-6-15 , but a permit may be suspended prior to such time and said suspension shall be in full force and effect until the hearing at which time the secretary of agriculture and natural resources shall make his final d…

It is a Class 2 misdemeanor to sell bottled, cartoned, or dispenser milk for human consumption other than Grade A milk or raw milk for human consumption from a producer who meets the requirements of §

It is a violation for any person to sell, offer, or expose for sale, any milk or milk products labeled Grade A, unless the milk or milk products have been produced and processed in accordance with the requirements of §§ 39-6-9 to 39-6-16 , inclusive, and the rules promulgated by …

Raw milk for human consumption may be secured or purchased for personal use by any consumer at the place or farm where the milk is produced and the milk may be delivered directly to the consumer by the producer. No raw milk for human consumption may be purchased at a farmers' mar…

Any producer of milk who is selling raw milk for human consumption directly to the consumer shall obtain a license pursuant to the provisions of § 40-32-4 and a permit pursuant to the provisions of §

The secretary of agriculture and natural resources may promulgate rules for Grade A milk and milk products, manufacturing grade milk, and raw milk for human consumption, pursuant to chapter 1-26 , relative to: (1) Standards for adulterated or misbranded milk; (2) Permits to produ…

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.

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

Terms used in this chapter, unless the context otherwise plainly requires, shall mean: (1) "Consumer," any person who purchases eggs for his use, but not for resale; (2) "Eggs," eggs in the shell of a domesticated chicken, turkey, duck, goose, or guinea; (3) "Egg products," whole…

Every licensee under this chapter shall keep such candling and grading records as may be required by the rules and regulations of the secretary of agriculture and natural resources, which records shall be open at all times for examination by the secretary or his duly authorized r…

Eggs purchased by egg breakers and egg drying plants for the purpose of manufacturing liquid eggs, dried eggs, or frozen eggs are exempt from the candling and grading provisions. Source: SDC Supp 1960, § 22.0804 as added by SL 1965, ch 105 , § 4.

For the purposes of this chapter eggs shall be deemed unfit for human food if they show black rot, white rot, mixed rot, or if they be addled eggs, sour eggs, or eggs with green rot, eggs with stuck yolk, moldy eggs, or musty eggs, eggs showing blood rings, eggs containing embryo…

No dealer in buying eggs or selling eggs shall take or give a greater or less dockage for eggs unfit for human food as defined in § 39-11-12 than the actual dockage as determined by the correct candling of the eggs purchased or sold, nor shall he undergrade eggs purchased or over…

No licensee shall have in his possession any eggs which have been candled and graded as unfit for human consumption. However, egg products to be sold for animal foods may be held in possession if denatured or decharacterized in such manner as shall be described in rules or regula…

A violation of any provision of this chapter is a petty offense. Source: SL 1919, ch 208 , § 8; SDC 1939, § 22.9915; SL 1949, ch 82 , § 7; SDC Supp 1960, § 22.9928; SL 1965, ch 105 , § 8; SL 1977, ch 190 , § 375.

If the secretary of agriculture and natural resources or his authorized representative shall determine, after inspection, that any lot of eggs or egg products is in violation of this chapter he may issue a stop - sale order on such lot or lots of eggs and promptly notify the owne…

The secretary of agriculture and natural resources shall revoke or suspend any license issued pursuant to this chapter on evidence that the licensee has violated any of the provisions of this chapter or regulations promulgated thereunder or has refused to permit inspection or int…

No person shall engage in the business of buying, selling, processing, candling, grading, packing, or distributing eggs in South Dakota without having first obtained such license as may be required under the provisions of this chapter except: (1) Retailers buying eggs from dealer…

Licenses shall be issued by the secretary of agriculture and natural resources to persons who apply therefor, pay the prescribed license fee and comply with the provisions of this chapter and the rules and regulations promulgated thereunder; provided, that such rules and regulati…

The annual fee for a license for each business location of the several classifications herein named is as follows: (1) For set - in stations, buyers from producers only, and producers who pack and sell eggs produced only by their own flock, known as "Class A," ten dollars per yea…

All licenses provided for in § 39-11-5 shall expire on the twenty - eighth day of February next following the issuance thereof unless sooner revoked and may be renewed upon proper application to the secretary. Any licensee who shall not apply for renewal of his license at least f…

For the protection of the public health and welfare and to secure uniformity in the marketing of eggs the secretary of agriculture and natural resources may promulgate rules concerning: (1) The definition of purchase and retail standards and grades for eggs; (2) The definition of…