Title 39 — FOOD AND DRUGS
24 chapters · 291 sections in this title.
SDCL § 39-18-30 Manufacture or sale of adulterated or misbranded remedy prohibited
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No person shall manufacture, sell, deliver, hold, or offer for sale any animal remedy that is adulterated or misbranded. Source: SL 1966, ch 8 , § 10 (b).
SDCL § 39-18-31 False guaranty prohibited--Reliance on guaranty by another
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No person shall give a guaranty which is false, except a person who relied on a guaranty to the same effect signed by, and containing the name and address of, the person from whom he received the animal remedy in good faith. Source: SL 1966, ch 8 , § 10 (g).
SDCL § 39-18-32 False or misleading advertising prohibited--Restrictions on liability of advertising media
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No person shall disseminate any advertisement which is false or misleading in any respect, but no person or medium for the dissemination of any advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, is subject…
SDCL § 39-18-33 Sale of unrefrigerated biological products prohibited
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No person shall sell or offer to sell any biological product that has not been kept in refrigeration under conditions prescribed by the rules and regulations promulgated and adopted by the secretary of agriculture and natural resources. Source: SL 1966, ch 8 , § 10 (j); SL 2021, …
SDCL § 39-18-34 Exemption of veterinarians
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Except as provided in § 39-18-34.1 , this chapter does not apply to persons licensed to practice veterinary medicine in this state in the practice of their profession. Source: SL 1966, ch 8 , § 13; SL 1987, ch 29 , § 95.
SDCL § 39-18-34.1 Relationship between veterinarian and client or patient as condition of dispensing certain drugs--What constitutes a valid relationship
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The sale, dispensing, shipping, or otherwise making available of a veterinary drug product label containing the legend "Caution: Federal Law restricts this drug to use by or on the order of a licensed veterinarian" shall result from a relationship between the veterinarian and his…
SDCL § 39-18-35 Enforcement of chapter--Rules and regulations--Notice and hearing on regulations
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The secretary of agriculture and natural resources is hereby charged with the enforcement of this chapter, and may promulgate rules pursuant to chapter 1-26 pertaining to the labeling, inspection, sampling, analysis, storage, distribution, registration, manufacturing, production,…
SDCL § 39-18-36 Publication of production data and analysis results--Operations not disclosed
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The secretary of agriculture and natural resources may publish at such times and in such forms as he may deem proper, information concerning the sales of animal remedies, together with such data on their production and use as he may consider advisable, and a report of the results…
SDCL § 39-18-37 Violation of chapter or rules and regulations as misdemeanor
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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.
SDCL § 39-18-38 Investigations pertinent to enforcement
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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…
SDCL § 39-18-39 Access of departmental personnel to premises
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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…
SDCL § 39-18-4 Experimental remedies exempt from registration--Labeling
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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).
SDCL § 39-18-40 Procurement and analysis of samples--Official analysis as sole guide for administrative determinations
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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…
SDCL § 39-18-41 Refusal of inspection or sample prohibited
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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
SDCL § 39-18-42 Analysis result showing adulteration or misbranding forwarded to distributor and purchaser--Portion of sample furnished
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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…
SDCL § 39-18-43 Unauthorized disclosure of information prohibited
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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 …
SDCL § 39-18-44 Withholding from sale of remedies not in compliance
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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.…
SDCL § 39-18-45 Tagging of adulterated or misbranded remedies--Disposal or removal from premises prohibited
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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…
SDCL § 39-18-46 Petition for condemnation of adulterated or misbranded article--Removal of tag if found not adulterated or misbranded
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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 …
SDCL § 39-18-47 Destruction of article found adulterated or misbranded--Costs and expenses
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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…
SDCL § 39-18-48 Bond to permit processing or relabeling of detained remedy--Expense of supervision--Return of bond on compliance
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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…
SDCL § 39-18-49 Report of violations to prosecuting authorities
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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.
SDCL § 39-18-5 Application for registration--Contents
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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…
SDCL § 39-18-50 Report for prosecution required for minor violations--Warning notice
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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 …
SDCL § 39-18-51 Prosecution of violations reported--Opportunity to present views before report for prosecution
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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…
SDCL § 39-18-52 Severability of provisions
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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…
SDCL § 39-18-53 Citation of chapter
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This chapter shall be known as the "South Dakota Animal Remedies Law of 1966." Source: SL 1966, ch 8 , § 1.
SDCL § 39-18-6 Label to accompany application--Specimen required--Statement of claims
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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…
SDCL § 39-18-7 Classification by secretary as commercial feed or animal remedy
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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. …
SDCL § 39-18-8 Copy of registration forwarded to applicant--Annual expiration date
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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.…
SDCL § 39-18-9 Disposition of funds collected
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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…
SDCL § 39-24-1 Transferred to § 1-53-38 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 59, eff. Apr. 14, 2019.
SDCL § 39-24-10 Transferred to § 1-53-47 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 66, eff. Apr. 14, 2019.
SDCL § 39-24-2 Transferred to § 1-53-39 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 59, eff. Apr. 14, 2019.
SDCL § 39-24-3 Transferred to § 1-53-40 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 60, eff. Apr. 14, 2019.
SDCL § 39-24-4 Transferred to § 1-53-41 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 61, eff. Apr. 14, 2019.
SDCL § 39-24-5 Transferred to § 1-53-42 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 62, eff. Apr. 14, 2019.
SDCL § 39-24-6 Transferred to § 1-53-43 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 63, eff. Apr. 14, 2019.
SDCL § 39-24-7 Transferred to § 1-53-44 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 64, eff. Apr. 14, 2019.
SDCL § 39-24-8 Transferred to § 1-53-45 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 65, eff. Apr. 14, 2019.
SDCL § 39-24-9 Transferred to § 1-53-46 by SL 2019, ch 235 (Ex
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Ord. 19-1 ), § 66, eff. Apr. 14, 2019.