Title 39, FOOD AND DRUGS

A violation of this chapter or of any administrative rule issued pursuant thereto is a Class 2 misdemeanor. Source: SL 1929, ch 238 , § 12; SDC 1939, § 22.9917; SL 1964, ch 6 , § 7; SL 1966, ch 8 , § 14 (a); SL 1977, ch 190 , § 415.

The secretary of agriculture and natural resources shall make all necessary investigations pertinent to the enforcement of this chapter. Source: SL 1929, ch 238 , § 13; SDC 1939, § 22.1001; SL 1964, ch 6 , § 1; SL 1966, ch 8 , § 8 (a); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. A…

The secretary of agriculture and natural resources or his agent shall have free access at all reasonable hours to any establishment in which animal remedies are manufactured, processed, packed, sold, or offered for sale, to inspect such premises and to determine whether the provi…

Section 39-18-3 does not apply to an animal remedy intended solely for investigational, experimental, or laboratory use by qualified persons, provided such remedy is plainly labeled "for investigational use only." Source: SL 1966, ch 8 , § 4 (g).

The secretary of agriculture and natural resources or his agent may secure samples or specimens of any animal remedy after paying or offering to pay for them, and he shall make an examination or analysis of such samples to determine whether the provisions of this chapter are bein…

No person shall refuse to permit entry or inspection, or to permit the acquisition of a sample or specimen of an animal remedy, as authorized by §§ 39-18-39 and 39-18-40 . Source: SL 1966, ch 8 , § 10 (e).

When the inspection and analysis of an official sample indicates an animal remedy has been adulterated or misbranded, the results of analysis shall be forwarded by the secretary of agriculture and natural resources to the distributor and the purchaser. Upon request within fifteen…

The secretary of agriculture and natural resources or any of his agents shall not use or reveal information acquired under §§ 39-18-5 , 39-18-6 , and 39-18-38 to 39-18-40 , inclusive, except in the enforcement of this chapter, or to the courts, when relevant. Source: SL 1966, ch …

The secretary of agriculture and natural resources shall cause animal remedies, which are found or believed not to comply with this chapter to be withheld from sale pending compliance with such chapter. Source: SL 1966, ch 8 , § 11; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr.…

Whenever the secretary of agriculture and natural resources or his authorized agent finds or has reasonable cause to believe an animal remedy is adulterated or misbranded under any of §§ 39-18-18 to 39-18-29 , inclusive, he shall affix to such article a tag or other appropriate m…

If an article detained pursuant to § 39-18-45 is found, after examination and analysis, to be adulterated or misbranded, the secretary of agriculture and natural resources may petition the judge of any court of competent jurisdiction in whose jurisdiction the article is detained …

If the court finds that a detained animal remedy is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the defendant under the supervision of the secretary of agriculture and natural resources or his agent; all court costs and…

If the adulteration or misbranding of a detained animal remedy can be corrected by proper processing or labeling of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a sufficient bond, conditioned that such article shall…

The secretary of agriculture and natural resources shall report violations of this chapter to the proper prosecuting authorities. Source: SL 1966, ch 8 , § 14 (b); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.

Any person may make application for the registration of any animal remedy by filing with the secretary of agriculture and natural resources, on forms furnished by him, a statement with respect to such animal remedy setting forth: (1) The name and principal address of the manufact…

Section 39-18-49 does not require the secretary of agriculture and natural resources to report, for the institution of prosecution under this chapter, minor violations of this chapter if he believes the public interest will be adequately served in the circumstances by a suitable …

Each state, county, or city attorney to whom the secretary of agriculture and natural resources reports any violation of this chapter, shall institute appropriate proceedings in any court of competent jurisdiction without delay. Before any such violation is reported to any such a…

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 Animal Remedies Law of 1966." Source: SL 1966, ch 8 , § 1.

A label for any animal remedy shall accompany each application for registration, and, when requested by the secretary of agriculture and natural resources, a representative and true sample or specimen of each animal remedy to be registered shall accompany such application. A stat…

The secretary of agriculture and natural resources may determine whether a preparation intended for animal use and subject to registration shall be registered as a commercial feed or as an animal remedy. Source: SL 1966, ch 8 , § 4 (h); SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. …

Upon approval by the secretary of agriculture and natural resources, a copy of the registration of an animal remedy shall be forwarded to the applicant. All registrations are on an annual basis, expiring the thirty-first day of December of the year after the date of registration.…

All of the registration fee paid pursuant to § 39-18-8 on any animal remedy manufactured and distributed under license from and under the supervision of the United States Department of Agriculture shall be deposited into the state animal disease research and diagnostic laboratory…