Title 39 — FOOD AND DRUGS

Sampling and analysis shall be conducted in accordance with methods published by the association of official analytical chemists, or in accordance with other generally recognized methods. Such methods may be established for use by rules promulgated pursuant to the provisions of c…

The secretary of agriculture and natural resources, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in subdivision 39-14-39 (13) and obtained and analyzed as provided for in §§ 3…

The results of all analyses of official samples shall be forwarded by the secretary of agriculture and natural resources to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated …

Any person who used to his own advantage, or reveals to other than the secretary of agriculture and natural resources, or officers of the secretary, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this chapter, concerning…

When the secretary of agriculture and natural resources or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed rules under this chapter, he may issue…

Any lot of commercial feed not in compliance with any of the provisions of this chapter or with any of the prescribed rules under this chapter shall be subject to seizure on complaint of the secretary of agriculture and natural resources to a court of competent jurisdiction in th…

Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this chapter may within forty - five days thereafter bring action in the circuit court, county of Hughes, for judicial review of such actions. The form of the proceeding shall be any whic…

The secretary of agriculture and natural resources may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule promulgated under the chapter, notwithstan…

Any person who violates any of the provisions of this chapter which are not otherwise classified or who impedes, hinders or prevents the secretary of agriculture and natural resources or his duly authorized agent in performance of his duty in connection with the provisions of thi…

Nothing in this chapter shall be construed as requiring the secretary of agriculture and natural resources or his representative to: (1) Report for prosecution; or (2) Institute seizure proceedings; or (3) Issue a withdrawal from distribution order, as a result of minor violation…

It shall be the duty of each state's attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the secretary of agriculture and natural resources reports a violation for s…

The secretary of agriculture and natural resources shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable, and a report of the res…

If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, p…

This chapter shall be known as the South Dakota Commercial Feed Law of 1970. Source: SL 1970, ch 228 , § 1.

The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 to exempt from the definition of "commercial feed" in § 39-14-39 , or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and…

The term "drug" as used in this chapter shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixtures of substances intended to be used for the cure, mitigation, or prev…

No person shall manufacture, sell, or offer for sale any drug which is adulterated or misbranded within the meaning of this chapter. A violation of this section is a Class 2 misdemeanor. Source: PenC 1877, § 453; CL 1887, § 6654; SL 1893, ch 132 , § 10; RPolC 1903, § 278; SL 1909…

Whenever any dealer shall have received a guaranty, signed by the wholesaler, jobber, manufacturer, or other person, residing within the United States, from whom he purchased the drug, to the effect that the same is not adulterated or misbranded as defined in this chapter, he sha…

For the purposes of this chapter a drug shall be deemed adulterated if, when sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity as determined by the test laid down in such pharm…

For the purposes of this chapter a drug shall be deemed adulterated if its strength or purity falls below the professed standard or quality under which it is sold. Source: SL 1907, ch 151 , § 35; SL 1909, ch 180 , § 3; RC 1919, § 7852 (2); SL 1921, ch 238 ; SDC 1939, § 22.1102 (2…

For the purposes of this chapter a drug shall be deemed adulterated if the storeroom, prescription case, shelves, containers, or utensils used for dispensing drugs are not at all times kept in a clean and sanitary condition. Source: SL 1921, ch 238 ; SDC 1939, § 22.1102 (3).

For the purposes of this chapter a drug shall be deemed to be misbranded if the package or label shall bear or contain any statement, design, or device regarding the purity or therapeutic effect of such article or any of the ingredients or substances contained therein, which is f…

For the purposes of this chapter a drug shall be deemed to be misbranded if the package or label is false or misleading as to the state, territory, or country in which the drug was manufactured or produced. Source: SL 1907, ch 151 , § 35; SL 1909, ch 180 , § 4; RC 1919, § 7853; S…

For the purposes of this chapter a drug shall be deemed to be misbranded if it be an imitation of or offered for sale under the name of another article. Source: SL 1907, ch 151 , § 35; SL 1909, ch 180 , § 4; RC 1919, § 7853; SDC 1939, § 22.1103 (3).

For the purposes of this chapter a drug shall be deemed to be misbranded if the contents of the package as originally packed shall have been removed in whole or in part and other contents shall have been placed in such package, or if the package fail to bear a statement on the la…

No drug shall be deemed misbranded or adulterated, within the meaning of this chapter, when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser, if no substance is used in the preparation or pack…

Source: SDC 1939, § 22.1004; SL 1941, ch 96 ; SL 1943, ch 87 , § 1; SL 1947, ch 97 , § 1; SL 1966, ch 8 , § 4 (d); SL 1993, ch 304 , § 18; SL 2017, ch 43 , § 14.

Terms used in this chapter mean: (1) "Advertisement," all representations, other than those on the label, disseminated in any manner or by any means, relating to animal remedies as defined in this chapter; (2) "Animal," any animate being, which is not human, endowed with the powe…

The secretary of agriculture and natural resources may refuse to issue any certificate of registration for an animal remedy to any applicant if available facts indicate that the product proposed for registration is of negligible or no value for the correcting, alleviating, or mit…

When an animal remedy has been registered and the fee paid by the manufacturer, or distributor, no other person shall be required to pay such fee. Source: SL 1966, ch 8 , § 4 (e).

No person shall sell, deliver, hold, or offer for sale any animal remedy which has not been registered with the secretary of agriculture and natural resources as provided in §§ 39-18-3 to 39-18-8 , inclusive. Source: SL 1929, ch 238 , § 12; SDC 1939, § 22.9917; SL 1964, ch 6 , § …

Any retailer of animal remedies who has bought a supply of animal remedies at a time, as shown by invoice dates, when such remedies were registered, may sell or otherwise dispose of such remedies without reregistering them. Source: SL 1966, ch 8 , § 4 (f).

No person shall compound, manufacture, make, produce, pack, package, or prepare within this state any animal remedy to be offered for sale or distribution unless such compounding, manufacture, making, producing, packaging, packing, or preparing is done with adequate equipment und…

Any animal remedy distributed in this state shall be accompanied by a legible label bearing the following information: (1) The name and principal addresses of the manufacturer or person responsible for placing such animal remedy on the market; (2) The name, brand, or trade - mark…

No person shall forge, counterfeit, simulate, or falsely represent, or without proper authority use, any mark, stamp, tag, label, or other identification device required by §

No person shall alter, mutilate, destroy, obliterate, or remove any part of the labeling of any animal remedy if such acts result in such animal remedy being misbranded, or do any other act, while such animal remedy is being held for sale, which results in the misbranding of such…

An animal remedy shall be deemed to be misbranded if it is not labeled as required in § 39-18-15 and in regulations promulgated under this chapter. Source: SDC 1939, § 22.1006 as added by SL 1949, ch 83 ; SL 1964, ch 6 , § 6; SL 1966, ch 8 , § 7 (c).

An animal remedy shall be deemed to be misbranded if the labeling is false or misleading in any particular. Source: SL 1966, ch 8 , § 7 (a).

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 1929, ch 238 , § 13; SDC 1939, § 22.1001; SL 1964, ch 6 , § 1; SL 1966, ch 8 , § 2; SL 2021, ch 1 (Ex. Ord…

An animal remedy shall be deemed to be misbranded if any word, statement, or other information required to appear on the label is not prominently placed on such label with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling and in s…

An animal remedy shall be deemed to be misbranded if its container is so made, formed, or filled as to be deceptive or misleading as to the amount of contents. Source: SL 1966, ch 8 , § 7 (b).

An animal remedy shall be deemed to be misbranded if it is distributed under the name of another animal remedy. Source: SL 1966, ch 8 , § 7 (d).

An animal remedy shall be deemed to be misbranded if it is dangerous to the health of animals when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling of such remedy. Source: SL 1966, ch 8 , § 7 (e).

Any animal remedy that is manufactured and distributed under license from and under the supervision of the United States Department of Agriculture, and in compliance with the regulations of such department complies with §§ 39-18-18 to 39-18-23 , inclusive. Source: SL 1966, ch 8 ,…

An animal remedy shall be deemed to be adulterated if it consists in whole or in part of any filthy, putrid, or decomposed substance. Source: SL 1966, ch 8 , § 6 (c).

An animal remedy shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health under such conditions of use as are customary or usual. Source: SL 1966, ch 8 , § 6 (d).

An animal remedy shall be deemed to be adulterated if its container is composed of any injurious or deleterious substance which may render it injurious to health. Source: SL 1966, ch 8 , § 6 (e).

An animal remedy shall be deemed to be adulterated if it was prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to animal health. Source: SL 1966, ch 8 , § 6 (a).

An animal remedy shall be deemed to be adulterated if its composition, purity, strength, or quality falls below or differs from that which it is purported or is represented to possess by its labeling; but, the secretary of agriculture and natural resources shall allow a reasonabl…

Before being distributed in South Dakota, each animal remedy shall be registered by the manufacturer or the person responsible for distributing the animal remedy. Source: SL 1929, ch 238 , § 5; SDC 1939, § 22.1004; SL 1941, ch 96 ; SL 1943, ch 87 , § 1; SL 1947, ch 97 , § 1; SL 1…