Title 39 - FOOD AND DRUGS
- Chapter 01 - Enforcement Powers And General Provisions
- Section 39-1-1 - Administration of chapters by Department of Agriculture--General enforcementpowers.
- Section 39-1-1.1 - Division of Commercial Inspection and Licensing to perform functions relating tofood and beverages.
- Section 39-1-10 - Access to premises and vehicles--Inspections, samples, and analyses.
- Section 39-1-11 - Assistance to be rendered--Refusal of assistance as violation.
- Section 39-1-12 - Interference with official performance of duty as misdemeanor.
- Section 39-1-13 - Inspections and reports required of police officers--Payment of expenses.
- Section 39-1-14 - Contraband articles subject to condemnation.
- Section 39-1-15 - Seizure or quarantine of contraband articles--Tagging and marking--Removal as pettyoffense.
- Section 39-1-16 - Petition to court for condemnation of seized or quarantined articles--Hearing andorder.
- Section 39-1-2 - Disposition of fees received.
- Section 39-1-3 - Source of payment for expenses of enforcement.
- Section 39-1-4 - Adoption of rules--Procedure--Enforcement.
- Section 39-1-5 - Standards for foods--Conformity to federal standards--Nonconforming foods deemedadulterated or misbranded.
- Section 39-1-6 - Distribution of bulletins containing standards, definitions, rules, and regulations--Payment of cost.
- Section 39-1-7 - Prohibited contracts void--Action on contract prohibited.
- Section 39-1-8 - Violation of title as misdemeanor.
- Section 39-1-9 - Responsibility of employer for act or omission of agent or employee.
- Chapter 02 - Food-Handling Establishments [Repealed]
- Chapter 03 - Refrigerated Locker Plants [Repealed]
- Chapter 04 - Adulterated And Misbranded Foods
- Section 39-4-1 - Foods and substances subject to chapter.
- Section 39-4-10 - Failure to list narcotics in label as misbranding.
- Section 39-4-11 - Quantity and packer to be shown in label--Variation and tolerances.
- Section 39-4-12 - Franchised beverages exempt from quantity labeling requirement--Statement requiredof manufacturer or distributor.
- Section 39-4-13 - False labeling as to ingredients as misbranding.
- Section 39-4-14 - Additional labeling required for special dietary foods.
- Section 39-4-14.1 - Repealed.
- Section 39-4-15 - Exemption of articles marketed under distinctive name--Compounds, imitations, andblends.
- Section 39-4-16 - Disclosure of trade formulas not required.
- Section 39-4-17 - Exemption of articles intended for export.
- Section 39-4-18 - Manufacture of adulterated or misbranded food as misdemeanor.
- Section 39-4-19 - Transportation of adulterated or misbranded foods as misdemeanor.
- Section 39-4-2 - Conditions constituting adulteration of food.
- Section 39-4-20 - Reliance by dealer on guaranty by wholesaler or manufacturer--Contents of guaranty.
- Section 39-4-21 - Seizure and condemnation of adulterated or misbranded food--Release on bond--Jurytrial.
- Section 39-4-22 - Donation of food--Immunity from civil and criminal liability.
- Section 39-4-23 - Distribution of food without charge by charitable or nonprofit organization--Immunity.
- Section 39-4-24 - Food not readily marketable--Immunity provisions applicable--Regulation.
- Section 39-4-3 - Ingredients constituting adulteration of confectionery.
- Section 39-4-4 - Unlawful food additives--Prohibited use as misdemeanor.
- Section 39-4-5 - Labeling required for preservatives added--Violation as misdemeanor.
- Section 39-4-6 - Repealed.
- Section 39-4-7 - False or misleading information in package or label constituting misbranding.
- Section 39-4-8 - Imitation or unauthorized use of distinctive name as misbranding.
- Section 39-4-9 - Deception as to place of origin as misbranding--Reuse of original package.
- Chapter 05 - Meat And Meat Products
- Section 39-5-10 - Cooperation by secretary with federal, state or local agencies--Acceptance of federalaid.
- Section 39-5-11 - Exemptions from inspection and preparation provisions.
- Section 39-5-11.1 - License required for meat processors.
- Section 39-5-11.2 - Continuing education for meat processor.
- Section 39-5-12 - Withdrawal or denial of exemption by secretary.
- Section 39-5-13 - Acts or transactions and carcasses, parts or meat food products regulated underFederal Wholesome Meat Act exempt.
- Section 39-5-14 - Adulterated carcass, part, or meat food product defined.
- Section 39-5-15 - Application for inspection services.
- Section 39-5-16 - Ante-mortem inspection of livestock.
- Section 39-5-17 - Post-mortem inspection of carcasses and parts--Inspection of meat food products.
- Section 39-5-18 - Inspections made by or under supervision of veterinary inspectors.
- Section 39-5-19 - Cost of inspection--Rates for overtime, night, and holiday work.
- Section 39-5-20 - Quarantine, segregation, and reinspection of livestock, carcasses and parts, and meatfood products.
- Section 39-5-21 - Condemnation and destruction of adulterated carcasses, parts, and meat foodproducts--Reprocessing authorized.
- Section 39-5-22 - Appeal from condemnation determination--Inspection and costs--Destruction ofarticles.
- Section 39-5-23 - Refusal or withdrawal of inspection--Grounds and procedure for action by secretary.
- Section 39-5-23.1 - Inhumane slaughtering--Refusal or suspension of inspection.
- Section 39-5-23.2 - Humane methods of slaughtering.
- Section 39-5-24 - Facilities and sanitary practices of establishments operated in accordance withregulations of secretary--Inspection of carcasses, parts, or meat food productsrequired for admittance
- Section 39-5-25 - Regulation of entry and handling of equine carcasses and products or other meat foodproducts in official establishments.
- Section 39-5-26 - Misbranded carcass, part, or meat food product defined.
- Section 39-5-27 - Labeling and marking of carcasses, parts, meat food products or containers required.
- Section 39-5-28 - Labeling and marking styles and sizes of type--Definitions and standards of identityor composition and standards of fill of container prescribed by secretary.
- Section 39-5-29 - False or misleading marking or labeling or misleading container prohibited.
- Section 39-5-30 - Determination and modification by secretary of false or misleading marking,labeling, or container--Hearing on determination.
- Section 39-5-31 - Meat processors and related industries subject to regulation by secretary.
- Section 39-5-34 - Regulation of dealing in diseased, dying, crippled or dead livestock.
- Section 39-5-35 - Disposal of carcasses, parts, or meat food products from noncomplying officialestablishments.
- Section 39-5-36 - Records required of all types of meat businesses.
- Section 39-5-37 - Detention of carcass, part, or meat food product, inedible product, or dying, crippledor diseased livestock--Grounds and procedure for action by secretary.
- Section 39-5-38 - Seizure and condemnation of articles or animals in violation--Procedure for disposalof articles or animals.
- Section 39-5-39 - Prohibited acts.
- Section 39-5-39.1 - Sale of diseased carcass for human consumption as felony.
- Section 39-5-40 - Repealed.
- Section 39-5-41 - Principal or employer liable for acts or omissions of agent or employee.
- Section 39-5-42 - Notice of report of violation by secretary to state's attorney--Warning notice bysecretary authorized.
- Section 39-5-43 - Circuit court jurisdiction.
- Section 39-5-44 - Notice of operation of inspection and regulatory provisions.
- Section 39-5-45 - Severability of chapter.
- Section 39-5-5 - Sign and labeling required for sale of imported meat--Misdemeanor.
- Section 39-5-6 - Definition of terms.
- Section 39-5-7 - Enforcement of chapter by secretary through inspectors and employees of AnimalIndustry Board.
- Section 39-5-8 - Rules and regulations of secretary--Reports required--Conformity of rules to FederalWholesome Meat Act.
- Section 39-5-9 - Power of secretary to administer oaths and require attendance of witnesses--Self-incrimination privilege of witnesses.
- Sections 39-5-1 to 39-5-4 - Repealed
- Sections 39-5-32, 39-5-33 - Meat and meat products not to be used for human consumption--Denaturing or identification as inedible required. Registration of meat brokers, renderers, animal food manufac
- Chapter 06 - Milk And Milk Product Grades And Standards
- Section 39-6-1 - Definition of terms.
- Section 39-6-10 - Permit for importation of Grade A products--Standards required--Suspension orrevocation.
- Section 39-6-10.1 - Repealed.
- Section 39-6-11 - Inspectors for Grade A premises and plants--Assistance to producers and processors.
- Section 39-6-12 - Field service provided by processor to assist producers and supervise processing.
- Section 39-6-13 - Processor field service permit--Determination of qualifications.
- Section 39-6-14 - Processor field service permit not transferable--Revocation--Notice and hearing.
- Section 39-6-15 - Grounds for suspension and revocation of permit--Opportunity for hearing beforerevocation.
- Section 39-6-16 - Hearing required before revocation of permit--Suspension pending hearing--Stop-saleorder in lieu of suspension.
- Section 39-6-2 - Sale of packaged or dispenser milk below Grade A as misdemeanor.
- Section 39-6-20 - Sale of substandard products prohibited.
- Section 39-6-3 - Certain sales by producers exempt from Grade A requirement--Labeling ofcontainers.
- Section 39-6-4 - Repealed.
- Section 39-6-5 - Repealed.
- Section 39-6-6 - Repealed.
- Section 39-6-9 - Rules prescribing Grade A standards.
- Sections 39-6-17 to 39-6-19 - Repealed
- Sections 39-6-7, 39-6-8 - Repealed
- Chapter 07 - Artificial Dairy Products
- Section 39-7-1 - Purpose of chapter.
- Section 39-7-2 - Definition of terms.
- Section 39-7-3 - Compounds and products not subject to chapter.
- Section 39-7-4 - Repealed.
- Section 39-7-4.1 - Sale or possession of artificial dairy products not meeting labeling requirements asmisdemeanor.
- Section 39-7-4.2 - Statement "artificial dairy product" indicated on package or container--Type size.
- Section 39-7-4.3 - Compliance with federal requirements.
- Section 39-7-4.4 - Display of product name.
- Section 39-7-4.5 - Certain products not subject to chapter.
- Section 39-7-4.6 - Information on principal display panel--Type size.
- Section 39-7-4.7 - Nutritional panel--Contents.
- Section 39-7-4.8 - Certain packages not subject to chapter.
- Section 39-7-5 - Repealed.
- Section 39-7-6 - Administration and enforcement of chapter.
- Section 39-7-7 - Injunction to prevent violations--Seizure of contraband products.
- Chapter 08 - Frozen Desserts
- Section 39-8-1 - Definition of terms.
- Section 39-8-10 - Standards of identity, quality, and fill of container.
- Section 39-8-11 - Conditions constituting adulteration of dessert or mix.
- Section 39-8-12 - Conditions constituting misbranding of dessert or mix.
- Section 39-8-13 - Manufacture, sale, or possession of adulterated or misbranded dessert or mix asmisdemeanor.
- Section 39-8-14 - Violation of chapter or regulations as misdemeanor.
- Section 39-8-2 - Administration of chapter.
- Section 39-8-3 - Construction standards for plants.
- Section 39-8-4 - Sanitation standards for plant operations.
- Section 39-8-5 - Labeling of containers of dessert mix.
- Section 39-8-6 - Units of sale and minimum weight of frozen desserts--Tolerances.
- Section 39-8-7 - Containers labeled as to quantity.
- Section 39-8-8 - Labeling of desserts sold in packages.
- Section 39-8-9 - Exemption from labeling requirements of containers filled in presence of purchaser.
- Chapter 09 - Butter
- Section 39-9-1 - Factors considered in scoring and grading butter.
- Section 39-9-2 - Grades of butter enumerated.
- Section 39-9-3 - Relation between United States and South Dakota grades.
- Section 39-9-4 - Sale of ungraded butter as misdemeanor--Labeling as to grade.
- Section 39-9-5 - Imported butter subject to grading and labeling standards.
- Section 39-9-6 - Grade to be stated in advertising.
- Section 39-9-7 - Grading and labeling procedures prescribed by secretary.
- Section 39-9-8 - Mislabeled butter treated as misbranded food--Punishment of violation.
- Chapter 10 - Butter Substitutes [Repealed]
- Chapter 11 - Eggs And Egg Products
- Section 39-11-1 - Definition of terms.
- Section 39-11-10 - Candling and grading records required of licensee--Open for examination.
- Section 39-11-11 - Eggs purchased for processing exempt from grading requirements.
- Section 39-11-12 - Conditions making eggs unfit for human food.
- Section 39-11-13 - Excessive dockage by dealer prohibited--Accurate grading required.
- Section 39-11-14 - Possession of unfit eggs prohibited--Denatured egg products for animal foodsallowed.
- Section 39-11-15 - Violation of chapter as petty offense.
- Section 39-11-16 - Stop-sale order on products in violation--Effect.
- Section 39-11-17 - Violation as ground for revocation of license--Notice and opportunity for hearing.
- Section 39-11-2 - License required for egg dealing or processing--Exceptions.
- Section 39-11-3 - Repealed.
- Section 39-11-4 - Issuance of license on compliance with requirements--Examination for candler'slicense.
- Section 39-11-5 - Annual fees for classes of licenses--License required to candle or grade.
- Section 39-11-6 - Expiration and renewal of licenses--Late renewal fee.
- Section 39-11-7 - Regulations governing grading, production, and distribution standards--Plantrequirements--Enforcement.
- Section 39-11-7.1 - Repealed.
- Section 39-11-7.2 - Repealed.
- Section 39-11-8 - Federal standards as guide in establishing grade requirements.
- Section 39-11-9 - Candling required before payment of producers--Payment based on estimated value.
- Chapter 12 - Flour, Meal And Bread [Repealed]
- Chapter 13 - Beverages, Concentrates And Flavors
- Section 39-13-1 - Definition of terms.
- Section 39-13-10 - Manufacture, sale, or possession of adulterated, misbranded, or improperly labelednonalcoholic beverage or concentrate as petty offense.
- Section 39-13-11 - Manufacture, sale, or possession of adulterated or misbranded alcoholic beverage aspetty offense--Compliance with federal labeling requirements.
- Section 39-13-12 - Repealed.
- Section 39-13-13 - Administration and enforcement of chapter--Enforcement powers.
- Section 39-13-13.1 - Superseded.
- Section 39-13-14 - Identification and examination of samples collected.
- Section 39-13-15 - Publication of analyses and information.
- Section 39-13-16 - Representation of product as honey as petty offense if not pure honey from bees.
- Section 39-13-2 - Products exempt from chapter.
- Section 39-13-3 - Registration required for sale of alcoholic beverage--Application for registration.
- Section 39-13-4 - Fees for registration of products--Disposition of fees.
- Section 39-13-5 - Time for annual registration--Expiration.
- Section 39-13-6 - Retailers and dispensers not required to register previously registered product.
- Section 39-13-7 - Contraband liquor to be registered before sale.
- Section 39-13-8 - Labeling and quality standards applicable.
- Section 39-13-9 - Cleansing and sterilizing of containers.
- Chapter 14 - Commercial Feeds
- Section 39-14-39 - Definition of terms.
- Section 39-14-40 - Repealed.
- Section 39-14-40.1 - Commercial feed license--Requirements--Fees--Application and renewal.
- Section 39-14-41 - Repealed.
- Section 39-14-41.1 - Copies of labels and labeling.
- Section 39-14-42 - Refusal or cancellation of commercial feed license--Hearings and opportunity toamend.
- Section 39-14-43 - Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food.
- Section 39-14-44 - Tonnage reports and payment of inspection fees--Records required--Refusal orcancellation of commercial feed licenses for noncompliance.
- Section 39-14-45 - Monthly remittance and deposit of inspection fees.
- Section 39-14-46 - Adulteration by poisonous or deleterious substances.
- Section 39-14-47 - Adulteration by unsafe additives.
- Section 39-14-47.1 - Adulteration by unsafe color additive or new animal drug.
- Section 39-14-48 - Adulteration by unsafe food additives.
- Section 39-14-49 - Adulteration by pesticide chemicals.
- Section 39-14-50 - Adulteration by omission or abstraction of valuable constituents.
- Section 39-14-51 - Adulteration by failure to meet label representations.
- Section 39-14-52 - Adulteration by drug not conforming to good manufacturing practice.
- Section 39-14-53 - Adulteration by weed seed.
- Section 39-14-54 - Labeling requirements for commercial feed.
- Section 39-14-55 - Labeling requirements for customer-formula feed.
- Section 39-14-55.1 - Label disclosure requirement for all ruminant livestock feed.
- Section 39-14-56 - Conditions constituting misbranding.
- Section 39-14-57 - Prohibited acts.
- Section 39-14-58 - Administration of chapter by secretary of agriculture.
- Section 39-14-59 - Cooperation by secretary with other agencies.
- Section 39-14-60 - Rules and regulations--Conformity to national standards.
- Section 39-14-61 - Publication required before adoption or change of rule or regulation--Automaticadoption of changes in national standards.
- Section 39-14-62 - Access of departmental personnel to premises and records.
- Section 39-14-63 - Entry of premises and inspections by departmental personnel--Restriction on scopeof inspection.
- Section 39-14-64 - Notice of inspections--Notice of completion.
- Section 39-14-65 - Warrant for inspection of premises.
- Section 39-14-66 - Receipt given for samples obtained.
- Section 39-14-67 - Sampling and analysis methods.
- Section 39-14-68 - Deficiencies determined by official sample and analysis.
- Section 39-14-69 - Results of analyses furnished by secretary--Portion of sample furnished on findingof adulteration or misbranding.
- Section 39-14-70 - Misuse of confidential information as misdemeanor--Exchange with othergovernment agencies.
- Section 39-14-71 - Order withdrawing feed from distribution--Release on compliance--Condemnationproceedings.
- Section 39-14-72 - Seizure and disposal of feed in violation--Opportunity to process or relabel.
- Section 39-14-75 - Violation as misdemeanor.
- Section 39-14-76 - Warning in lieu of prosecution for minor violations.
- Section 39-14-77 - Prosecution by state's attorney--Opportunity for hearing before report of violation.
- Section 39-14-78 - Publication of information on commercial feeds--Contents.
- Section 39-14-79 - Severability of provisions.
- Section 39-14-80 - Title of chapter.
- Sections 39-14-1 to 39-14-38 - Repealed
- Sections 39-14-73, 39-14-74 - Judicial review of administrative actions--Form of proceeding. Injunction to restrain violations of chapter
- Chapter 15 - Adulterated And Misbranded Drugs
- Section 39-15-1 - Substances subject to chapter.
- Section 39-15-10 - Manufacture or sale of adulterated or misbranded drug as misdemeanor.
- Section 39-15-2 - Substandard drug sold under recognized name deemed adulterated--Lower standardsstated on container.
- Section 39-15-3 - Strength or purity below professed standard deemed adulteration.
- Section 39-15-4 - Unsanitary storage and dispensing conditions deemed adulteration.
- Section 39-15-5 - False label as to purity, effect, or contents as misbranding.
- Section 39-15-6 - False label as to place of origin as misbranding.
- Section 39-15-7 - Imitation or sale under name of another article as misbranding.
- Section 39-15-8 - Reuse of container as misbranding--Alcohol and narcotics to be stated in label--Prescription drugs and standard name sales exempt.
- Section 39-15-9 - Exemption of drugs intended for export--Provisions applicable if sold domestically.
- Chapter 16 - Narcotic Drugs [Repealed]
- Chapter 17 - Drugs And Substances Control [Transferred]
- Chapter 18 - Animal Remedies
- Section 39-18-1 - Definition of terms.
- Section 39-18-10 - Refusal to register product of no value--Suspension or revocation for flagrantviolation.
- Section 39-18-11 - No additional fee required if paid by manufacturer or distributor.
- Section 39-18-12 - Sale or offer of unregistered remedy prohibited.
- Section 39-18-13 - Sale by retailer without reregistration.
- Section 39-18-14 - Professional supervision required for preparation and packaging of remedies.
- Section 39-18-15 - Label required on animal remedy--Contents.
- Section 39-18-16 - Forgery or counterfeiting of label prohibited.
- Section 39-18-17 - Alteration or destruction of label prohibited--Other acts resulting in misbranding.
- Section 39-18-18 - Remedy deemed misbranded if not properly labeled.
- Section 39-18-19 - Remedy deemed misbranded if label misleading.
- Section 39-18-2 - Administration of chapter.
- Section 39-18-20 - Remedy deemed misbranded if required information on label not conspicuous andclear.
- Section 39-18-21 - Remedy deemed misbranded if container deceptive as to quantity.
- Section 39-18-22 - Remedy deemed misbranded if distributed under name of another.
- Section 39-18-23 - Remedy deemed misbranded if recommended dosage is dangerous.
- Section 39-18-24 - Distribution under federal license as compliance with branding requirements.
- Section 39-18-25 - Putrid and decomposed substances constituting adulteration.
- Section 39-18-26 - Poisonous and deleterious substances constituting adulteration.
- Section 39-18-27 - Injurious substance in container constituting adulteration.
- Section 39-18-28 - Preparation or packing under unsanitary conditions as adulteration.
- Section 39-18-29 - Substandard strength or quality as adulteration--Tolerance allowed.
- Section 39-18-3 - Registration required for distribution of remedy--Exception.
- Section 39-18-30 - Manufacture or sale of adulterated or misbranded remedy prohibited.
- Section 39-18-31 - False guaranty prohibited--Reliance on guaranty by another.
- Section 39-18-32 - False or misleading advertising prohibited--Restrictions on liability of advertisingmedia.
- Section 39-18-33 - Sale of unrefrigerated biological products prohibited.
- Section 39-18-34 - Exemption of veterinarians.
- Section 39-18-34.1 - Relationship between veterinarian and client or patient as condition of dispensingcertain drugs--What constitutes a valid relationship.
- Section 39-18-35 - Enforcement of chapter--Rules and regulations--Notice and hearing on regulations.
- Section 39-18-36 - Publication of production data and analysis results--Operations not disclosed.
- Section 39-18-37 - Violation of chapter or rules and regulations as misdemeanor.
- Section 39-18-38 - Investigations pertinent to enforcement.
- Section 39-18-39 - Access of departmental personnel to premises.
- Section 39-18-4 - Experimental remedies exempt from registration--Labeling.
- Section 39-18-40 - Procurement and analysis of samples--Official analysis as sole guide foradministrative determinations.
- Section 39-18-43 - Unauthorized disclosure of information prohibited.
- Section 39-18-44 - Withholding from sale of remedies not in compliance.
- Section 39-18-45 - Tagging of adulterated or misbranded remedies--Disposal or removal from premisesprohibited.
- Section 39-18-46 - Petition for condemnation of adulterated or misbranded article--Removal of tag iffound not adulterated or misbranded.
- Section 39-18-47 - Destruction of article found adulterated or misbranded--Costs and expenses.
- Section 39-18-48 - Bond to permit processing or relabeling of detained remedy--Expense of supervision--Return of bond on compliance.
- Section 39-18-49 - Report of violations to prosecuting authorities.
- Section 39-18-5 - Application for registration--Contents.
- Section 39-18-50 - Report for prosecution required for minor violations--Warning notice.
- Section 39-18-51 - Prosecution of violations reported--Opportunity to present views before report forprosecution.
- Section 39-18-52 - Severability of provisions.
- Section 39-18-6 - Label to accompany application--Specimen required--Statement of claims.
- Section 39-18-7 - Classification by secretary as commercial feed or animal remedy.
- Section 39-18-8 - Copy of registration forwarded to applicant--Biennial expiration date--Fee.
- Section 39-18-9 - Disposition of funds collected.
- Sections 39-18-41, 39-18-42 - Refusal of inspection or sample prohibited. Analysis result showing adulteration or misbranding forwarded to distributor and purchaser--Portion of sample furnished
- Chapter 19 - Insecticides, Fungicides And Rodenticides [Transferred]
- Chapter 20 - Paints And Oils [Repealed]
- Chapter 21 - Petroleum Products [Transferred]
- Chapter 22 - Antifreeze [Transferred]
- Chapter 23 - Organic Food