Title 39 — FOOD AND DRUGS

The specifications for grades and weight classes and the standards for quality of individual eggs or processed shell and liquid eggs shall be guided by those promulgated by the United States Department of Agriculture and set forth in the regulations. Source: SDC Supp 1960, § 22.0…

All eggs delivered by producers for sale must be candled before full payment therefor be made; provided, however, that before candling, the purchaser of such eggs may pay the producer up to ninety percent of the estimated value of such eggs as agreed upon between the purchaser an…

The following definitions of terms, application to, or exclusion from the provisions of this chapter shall apply throughout the chapter: (1) "Alcoholic beverage" shall be construed to mean and include all beverages containing more than one - half of one percent of alcohol by volu…

It is a petty offense for any person to manufacture, sell, offer, or expose for sale or to have in possession with intent to sell any nonalcoholic beverage or beverage concentrate that contains any ingredient injurious to health or that is adulterated, misbranded, insufficiently,…

It is a petty offense for any person to manufacture, sell, offer, or expose for sale or to have in possession with intent to sell any alcoholic beverage that is adulterated or misbranded or not registered within the meaning of this chapter. For the purposes of this chapter, an al…

The secretary of revenue with respect to alcoholic beverages, and the Division of Commercial Inspection and Licensing with respect to nonalcoholic beverages, concentrates, and flavors, are charged with administration and enforcement of this chapter. The secretary of agriculture a…

All samples collected shall be sealed and marked with identifying marks in the presence of the dealer or person from whom taken, and shall be promptly forwarded to the director of laboratories for examination. It shall be the duty of the director of laboratories to examine all sa…

The secretary of revenue with respect to alcoholic beverages, and the Division of Commercial Inspection and Licensing with respect to other products within the purview of this chapter, shall have authority to publish analyses and to gather and disseminate useful information for t…

It is a petty offense for any person to package or bottle any product and label the product as honey or imitation honey or to use the word honey in any prominent location on the label of such product and to sell or offer for sale any product which is labeled as honey or imitation…

The following are exempt from the provisions of this chapter: (1) Flavoring extracts for general culinary use; (2) Milk and products thereof; (3) Fruit juices and water retailed exclusively by the producer or manufacturer direct to the consumer. Source: SL 1937, ch 201 , § 3; SDC…

Before any alcoholic beverage can be sold, exposed for sale, or held with intent to sell within this state, the manufacturer, importer, or jobber shall make application to the secretary of revenue for registration of the product and shall accompany the application with the correc…

There shall be paid to the secretary of revenue a registration fee according to the following schedule: (1) On malt and cereal beverages of all descriptions, twenty-five dollars; (2) On wines, for one brand, twenty-five dollars and for each additional brand registered by the same…

The application for registration required by § 39-13-3 shall be made and the registration fee shall be paid annually during the month of December of every year or prior to placing such alcoholic beverage on the market, and each registration shall expire December thirty - first ne…

If the manufacturer or jobber secures a certificate of registration for a product, subsequent sellers, including retailers and dispensers, need not again secure a certificate for the same product, and no dispenser shall be required to register a product prepared for his own use f…

Any contraband alcoholic liquor which has been seized and turned over to the secretary of revenue for sale in accordance with law shall be registered as provided in this chapter before being sold, unless the same be of brands already registered, and registration fee shall be waiv…

The requirements for labeling and standards of purity and quality of all beverages and beverage concentrates and flavors included in this chapter shall be the same as those required under the food and drug statutes of this state. Source: SL 1937, ch 201 , § 2; SDC 1939, § 22.0904…

All bottles and other small containers in which the beverages defined in § 39-13-1 are put up by manufacturers or bottlers shall be cleansed and sterilized before being filled. Source: SL 1937, ch 201 , § 2; SDC 1939, § 22.0904.

Source: SL 1964, ch 5 , § 10; SDCL, § 39-14-22; SL 1970, ch 228 , § 10 (2); SL 1986, ch 326 , § 76; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.

Terms used in this chapter mean: (1) "Brand name," any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others; (2) "Commercial feed," any material except unmixed seed, who…

39-14-41

No person who manufactures a commercial feed within the state, or whose name appears on the label of a commercial feed as guarantor, may distribute a commercial feed in the state without first obtaining a commercial feed license from the secretary on forms provided by the secreta…

39-14-42 Refusal or cancellation of commercial feed license--Hearings and opportunity to amend. 39-14-43 Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food. 39-14-43.1 Deposits in animal disease research and diagnostic laboratory bond redemption and o…

The secretary may request from a license applicant or licensee, copies of labels and labeling in order to determine compliance with the provisions of this chapter. Source: SL 1993, ch 304 , § 11.

The secretary of agriculture and natural resources may reject the commercial feed license application of any firm not in compliance with the provisions of this chapter and may cancel the commercial feed license of any firm subsequently found not to be in compliance with any provi…

An inspection fee established in rules promulgated by the secretary of agriculture and natural resources pursuant to chapter 1-26 , but not to exceed twenty-four cents per ton, shall be paid on commercial feeds distributed in this state by the person who distributes the commercia…

An amount equal to seventy-four dollars per product on pet food and eighty-six dollars and fifty cents per product on specialty pet food, as provided in § 39-14-43 , shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations…

Any person who is liable for payment of an inspection fee shall: (1) File, not later than the last day of January of each year, an annual statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding twelve months. Upon filing …

A commercial feed shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this sec…

A commercial feed shall be deemed to be adulterated if it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (1) a pestici…

A commercial feed is adulterated if it is, or it bears, or contains any color additive that is unsafe within the meaning of section 706 of the Federal Food, Drug and Cosmetic Act as amended to January 1, 1993. A commercial feed is adulterated if it is, or it bears, or contains an…

A commercial feed shall be deemed to be adulterated if it is, or it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act. Source: SL 1970, ch 228 , § 7 (1) (c).

A commercial feed shall be deemed to be adulterated if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408 (a) of the Federal Food, Drug, and Cosmetic Act: Provided, that where a pesticide chemical has…

A commercial feed shall be deemed to be adulterated if any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor. Source: SL 1964, ch 5 , § 7; SDCL, § 39-14-17 (2); SL 1970, ch 228 , § 7 (2).

A commercial feed shall be deemed to be adulterated if its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling. Source: SL 1964, ch 5 , § 7; SDCL, § 39-14-17 (3); SL 1970, ch 228 , § 7 (3).

A commercial feed shall be deemed to be adulterated if it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules promulgated by the secretary of agricultu…

A commercial feed shall be deemed to be adulterated if it contains viable weed seeds in amounts exceeding the limits which the secretary of agriculture and natural resources shall establish by rule pursuant to the provisions of chapter 1-26 . Source: SL 1947, ch 97 , § 4; SDC Sup…

A commercial feed, except a customer - formula feed, shall be accompanied by a label bearing the following information: (1) The net weight; (2) The product name and the brand name, if any, under which the commercial feed is distributed; (3) The guaranteed analysis stated in such …

A customer - formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document bearing the following information: (1) Name and address of the manufacturer; (2) Name and address of the purchaser; (3) Date of delivery; (4) The product name and brand n…

39-14-56 Conditions constituting misbranding. 39-14-57 Prohibited acts. 39-14-58 Administration of chapter by secretary of agriculture and natural resources. 39-14-59 Cooperation by secretary with other agencies. 39-14-60 Promulgation of rules for commercial feeds and pet foods. …

A commercial feed shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is distributed under the name of another commercial feed; (3) If it is not labeled as required in § 39-14-54 or 39-14-55 ; (4) If it purports to be or is re…

The following acts and the causing of such acts within the State of South Dakota are prohibited: (1) The manufacture or distribution of any commercial feed that is adulterated or misbranded; (2) The adulteration or misbranding of any commercial feed; (3) The distribution of agric…

This chapter shall be administered by the secretary of agriculture and natural resources of the State of South Dakota, referred to in this chapter as the "secretary." Source: SL 1929, ch 238 , § 13; SDC 1939, § 22.1001; SL 1964, ch 5 , § 2; SDCL, § 39-14-2; SL 1970, ch 228 , § 2;…

The secretary of agriculture and natural resources may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter. S…

The secretary of agriculture and natural resources may promulgate rules, pursuant to chapter 1-26 , for commercial feeds and pet foods: (1) To provide procedures for registration of commercial feed; (2) To provide procedures for contested case hearings and commercial feed registr…

Before issuance, amendment, or repeal of any rule authorized by this chapter, the secretary of agriculture and natural resources shall publish the proposed rule, amendment, or notice to repeal an existing rule in accordance with §

For the purpose of the enforcement of this chapter, the secretary of agriculture and natural resources or his duly designated agent may enter upon any public or private premises, including any vehicle of transport, during regular business hours to have access to, to obtain sample…

For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the secretary of agriculture and natural r…

A separate notice shall be given for each inspection under § 39-14-63 , but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the ins…

If the owner of any factory, warehouse, or establishment described in § 39-14-63 , or his agent, refuses to admit the secretary of agriculture and natural resources or his agent to inspect in accordance with §§ 39-14-63 and 39-14-64 , the secretary is authorized to obtain from an…

If the officer or employee making inspection of a factory, warehouse, or other establishment under §§ 39-14-63 and 39-14-64 , has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, ope…