Title 39 — FOOD AND DRUGS
24 chapters · 291 sections in this title.
No political subdivision may adopt or continue in effect any such local legislation regardless of whether a statute or a rule adopted by the state specifically preempts the local legislation
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Local legislation in violation of this section is void and unenforceable. For purposes of this section, the term, local legislation, means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision of the state. Nothing in this section pr…
SDCL § 39-1-1 Administration of chapters by Department of Agriculture and Natural Resources--General enforcement powers
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The Department of Agriculture and Natural Resources through its secretary, and such other agents and employees as it may assign thereto shall be in general charge of the administration and enforcement of chapters 39-1 , 39-6 to 39-8 , inclusive, 39-1 1, 39-1 4, 39-1 5 and 39-1 8,…
SDCL § 39-1-1.1 Division of Legal and Regulatory Services functions
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The Division of Legal and Regulatory Services of the Department of Public Safety shall perform the functions previously performed by the Department of Agriculture pursuant to chapters 39-4 and 39-13 , except the authority to regulate bottled water quality which the Department of …
SDCL § 39-1-10 Access to premises and vehicles--Inspections, samples, and analyses
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The secretary of agriculture and natural resources, the secretary of public safety, and their assistants, for the purpose of obtaining information regarding suspected violations of the law and in order to enforce the provisions of this title, shall have access to all buildings an…
SDCL § 39-1-11 Assistance to be rendered--Refusal of assistance as violation
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All proprietors, clerks, bookkeepers, or other persons in any way dealing in any product governed by this title and all express agents and all employees of railroads or other common carriers shall render to the secretary of agriculture and natural resources, the secretary of publ…
SDCL § 39-1-12 Interference with official performance of duty as misdemeanor
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Any person who in any manner hinders, obstructs, or interferes with the secretary of agriculture and natural resources, the secretary of public safety, or any one of their deputies, inspectors, or employees, in the performance of any duty under the provisions of this title, is gu…
SDCL § 39-1-13 Inspections and reports required of police officers--Payment of expenses
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The secretary of agriculture and natural resources, the secretary of public safety, or their agents or assistants by written or oral notice may require any police officer to inspect any place or product subject to the supervision of such secretary of agriculture and natural resou…
SDCL § 39-1-14 Contraband articles subject to condemnation
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Any article of food or drug which is adulterated, misbranded, or otherwise illegal is hereby declared contraband and subject to condemnation and disposal as provided in §§ 39-1-15 and
SDCL § 39-1-15 Seizure or quarantine of contraband articles--Tagging and marking--Removal as petty offense
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The secretary of agriculture and natural resources, the secretary of public safety, and their agents and inspectors, with or without the assistance of the officers specified in § 39-1-13 , have power and authority to seize or quarantine by tagging or otherwise suitably marking an…
SDCL § 39-1-16 Petition to court for condemnation of seized or quarantined articles--Hearing and order
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Any person or officer seizing or quarantining contraband material pursuant to § 39-1-15 shall, within five days, petition the circuit court for the county in which such contraband material is found for condemnation of the material. The court shall thereupon make an order fixing a…
SDCL § 39-1-17 Preemption of local regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide
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The provisions of South Dakota law and rules preempt any local legislation adopted by any political subdivision of the state that is related to the production, use, advertising, sale, distribution, storage, transportation, formulation, packaging, labeling, certification, registra…
SDCL § 39-1-2 Disposition of fees received
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All fees received by the secretary of agriculture and natural resources or the Division of Commercial Inspection and Licensing pursuant to the provisions of this title shall be paid into the state treasury, as provided in this code, to the credit of the general fund. Source: SL 1…
SDCL § 39-1-3 Source of payment for expenses of enforcement
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All salaries and expenses necessary to the enforcement of this title by the Department of Agriculture and Natural Resources or the Division of Commercial Inspection and Licensing shall be paid out of funds appropriated for the maintenance of the Department of Agriculture and Natu…
SDCL § 39-1-5 Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded
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The secretary of agriculture and natural resources or the secretary of public safety, when performing the functions described in § 39-1-1.1 , may, when in his judgment such action will promote honesty and fair dealing in the interest of consumers, adopt rules establishing for any…
SDCL § 39-1-6 Distribution of bulletins containing standards, definitions, rules, and regulations--Payment of cost
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Bulletins containing standards, definitions, rules, and regulations promulgated pursuant to §§ 39-1-4 and 39-1-5 together with such information relating to the products regulated by the provisions of this title as shall be calculated to promote the public health and safety may be…
SDCL § 39-1-7 Prohibited contracts void--Action on contract prohibited
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All contracts for the sale of any product in violation of the provisions of this title shall be void; no action shall be maintained in any court for the purchase price or value of any product the sale of which is thereby prohibited; nor shall any person be liable for the price or…
SDCL § 39-1-8 Violation of title as misdemeanor
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Any person who violates any provision of this title, for which a penalty is not expressly provided, is guilty of a Class 1 misdemeanor. Source: SL 1913, ch 285 , § 18; RC 1919, § 7802; SDC 1939, § 22.9901; SL 1977, ch 190 , § 346.
SDCL § 39-1-9 Responsibility of employer for act or omission of agent or employee
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For the purposes of this title, the act or omission of any officer, agent, or other person acting for or employed by any individual, corporation, limited liability company, association, or partnership within the scope of office, agency, or employment shall be deemed to be the act…
SDCL 39-1-4
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Source: SL 1907, ch 151 , § 35; SL 1909, ch 163 , § 6; SL 1911, ch 13 ; SL 1917, ch 242 , § 6; RC 1919, § 7809 (3); SL 1923, ch 193 ; SDC 1939, § 22.0403 (3); SL 1966, ch 65 .
SDCL § 39-4-1 Food defined
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The word "food" as used in this title shall include all substances used as food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound, and all substances or ingredients to be added to foods for any purpose. For the purposes of this chapte…
SDCL § 39-4-10 Failure to list narcotics in label as misbranding
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For the purpose of this title a food product shall be deemed to be misbranded if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or…
SDCL § 39-4-11 Quantity and packer to be shown in label--Variation and tolerances
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For the purpose of this title a food product shall be deemed to be misbranded if in package form and the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count, together with the name and addr…
SDCL § 39-4-12 Franchised beverages exempt from quantity labeling requirement--Statement required of manufacturer or distributor
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In the case of beverages that are manufactured, distributed, and sold under a franchise or trademark name indicated thereon, whereby the person, firm, or corporation owning the franchise or trademark has control over the distribution, such beverages may be exempt from § 39-4-11 ,…
SDCL § 39-4-13 False labeling as to ingredients as misbranding
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For the purpose of this title a food product shall be deemed to be misbranded if the package containing it, or its label, shall bear any statement, design, or device regarding the ingredients or the substance contained therein, which statement, design, or device shall be false or…
SDCL § 39-4-14 Additional labeling required for special dietary foods
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In addition to the provisions of §§ 39-4-8 to 39-4-13 , inclusive, a food shall also be deemed to be misbranded if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, or other dietary properties as…
SDCL § 39-4-15 Exemption of articles marketed under distinctive name--Compounds, imitations, and blends
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An article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: (1) In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food,…
SDCL § 39-4-16 Disclosure of trade formulas not required
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Nothing in this chapter shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods, which contain no unwholesome ingredients, to disclose their trade formulas, except insofar as the provisions of this chapter, or the rules and regulations of t…
SDCL § 39-4-17 Exemption of articles intended for export
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No article shall be deemed to be misbranded or adulterated within the meaning of this chapter when intended for export to any foreign country and prepared and packed according to the specifications or directions of the foreign purchaser, if no substance is used in the preparation…
SDCL § 39-4-18 Manufacture of adulterated or misbranded food as misdemeanor
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It is a Class 2 misdemeanor for any person to manufacture any article of food which is adulterated or misbranded within the meaning of this chapter. Source: PenC 1877, § 453; CL 1887, § 6654; SL 1899, ch 89 , § 28; RPolC 1903, § 2931; SL 1909, ch 163 , § 1; SL 1917, ch 242 , § 1;…
SDCL § 39-4-19 Transportation of adulterated or misbranded foods as misdemeanor
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The transportation or shipment from any point within this state to any other point within this state of any article of food which is adulterated or misbranded, within the meaning of this chapter, is prohibited, and any person who shall ship or transport or deliver for shipment or…
SDCL § 39-4-2 Conditions constituting adulteration of food
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For the purposes of this title food shall be deemed to be adulterated: (1) If any substance has been mixed and packed with it so as to reduce, lower, or injuriously affect its quality or strength; (2) If any substance has been substituted wholly or in part for it; (3) If any valu…
SDCL § 39-4-20 Reliance by dealer on guaranty by wholesaler or manufacturer--Contents of guaranty
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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 food product, to the effect that the same is not adulterated or misbranded as defined in this chapter…
SDCL § 39-4-21 Seizure and condemnation of adulterated or misbranded food--Release on bond--Jury trial
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Any food product that is adulterated or misbranded within the meaning of this chapter, and is being transported from one point within this state to another point within this state or, having been so transported, remains unloaded, unsold, or in the original unbroken packages, and …
SDCL § 39-4-22 Donation of food--Immunity from civil and criminal liability
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The good - faith donor of any perishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution, or a gleaner of any perishable food apparently fit for human consumption, is not subject to criminal penalty or civil da…
SDCL § 39-4-23 Distribution of food without charge by charitable or nonprofit organization--Immunity
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A bona fide charitable or nonprofit organization which in good faith receives food, apparently fit for human consumption, and distributes it at no charge, is not subject to criminal penalty or civil damages resulting from the condition of the food unless an injury results from th…
SDCL § 39-4-24 Food not readily marketable--Immunity provisions applicable--Regulation
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Sections 39-4-22 to 39-4-25 , inclusive, include the good - faith donation of perishable food not readily marketable due to appearance, freshness, grade, surplus, or other considerations but does not restrict the authority of any appropriate agency to regulate or ban the use of s…
SDCL § 39-4-25 Definitions
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Terms, as used in §§ 39-4-22 to 39-4-24 , inclusive, mean: (1) "Gleaner" a person that harvests for free distribution an agricultural crop that has been donated by the owner; (2) "Perishable food" any food that may spoil or otherwise become unfit for human consumption because of …
SDCL § 39-4-26 Misbranding as meat food product, meat by-product, or poultry
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A food product shall be deemed to be misbranded if the product is labeled or branded in a false, deceptive, or misleading manner that intentionally misrepresents the product as a meat food product as defined in § 39-5-6 , a meat by-product as defined in § 39-5-6 , or as poultry. …
SDCL § 39-4-3 Ingredients constituting adulteration of confectionery
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For the purposes of this title a confectionery is deemed adulterated if it contains: (1) Terra alba, barytes, talc, paraffin, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health; or (2) Any narcotic drug…
SDCL § 39-4-3.1 Confection or candy containing less than one-half of one percent alcohol by weight permitted
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A person may sell or offer for sale any confection or candy that contains less than one-half of one percent alcohol by weight. If the confection or candy contains more than one-half of one percent alcohol by weight, the confection or candy is deemed adulterated for the purposes o…
SDCL § 39-4-3.2 Alcoholic beverage licensee permitted to sell confection or candy containing one-half of one percent alcohol by weight or more
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A licensee pursuant to subdivision 35-4-2(4), (6), (11), (12), or (16) may sell or offer for sale any confection or candy made on the licensed premises containing one half of one percent alcohol by weight or more. Source: SL 2018, ch 245 , § 2, eff. Mar. 9, 2018.
SDCL § 39-4-3.3 Off-sale delivery licensee permitted to deliver confection or candy containing one-half of one percent alcohol by weight or more
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Any licensee pursuant to subdivision 35-4-2(23) may deliver any confection or candy containing one half of one percent alcohol by weight or more, pursuant to §
SDCL § 39-4-4 Unlawful food additives--Prohibited use as misdemeanor
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It is a Class 1 misdemeanor for any person to manufacture, sell, offer, or expose for sale any food product to which has been added any borax, paraffin, boric acid, formaldehyde, salicylic acid, abrastol, beta naphtol, dulcin, glucin, fluorine compound, formic acid, or other inju…
SDCL § 39-4-5 Labeling required for preservatives added--Violation as misdemeanor
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All food products which contain any preservative, other than those substances specifically mentioned in § 39-4-4 , which may be permitted by the rules and regulations provided for in § 39-1-4 shall be plainly and conspicuously labeled to show the presence and amount of such prese…
SDCL § 39-4-7 False or misleading information in package or label constituting misbranding
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The term "misbranded" as used in this chapter, shall apply to all substances used as food or which enter into the composition of food, the package, or label of which shall bear any statement, design, or device regarding such substance or the ingredients contained therein which sh…
SDCL § 39-4-8 Imitation or unauthorized use of distinctive name as misbranding
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For the purpose of this title a food product shall be deemed to be misbranded if it be an imitation of or offered for sale under the distinctive name of any other food product. Source: SL 1905, ch 114 , § 8; SL 1907, ch 151 , § 8; SL 1909, ch 163 , § 6; SL 1911, ch 13 ; SL 1917, …
SDCL § 39-4-9 Deception as to place of origin as misbranding--Reuse of original package
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For the purpose of this title a food product shall be deemed to be misbranded if it be so labeled or branded as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in w…
SDCL § 39-5-10 Cooperation by secretary with federal, state or local agencies--Acceptance of federal aid
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The secretary of the Animal Industry Board may cooperate with the federal government in carrying out the provisions of this chapter or the Federal Wholesome Meat Act, including acceptance of federal financial, training, and other assistance, and for purposes of the more effective…
SDCL § 39-5-11 Exemptions from inspection and preparation provisions
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The following meat and meat products to be used for human consumption are exempt from the inspection and preparation provisions of this chapter: (1) Any livestock producer with respect to slaughter on his own farm of livestock raised by him on his own farm and with respect to the…
SDCL § 39-5-11.1 License required for meat processors
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Any official establishment, slaughtering establishment, meat processing establishment, custom exempt plant, or retail store meat processor, as defined in § 39-5-6 , that is required to be inspected pursuant to §§ 39-5-15 , 39-5-16 , and 39-5-17 in order to operate under this chap…