State Codes and Statutes

Statutes > South-dakota > Title-39 > Chapter-05 > Statute-39-5-26

39-5-26. Misbranded carcass, part, or meat food product defined. For purposes of this chapter, the term "misbranded" shall apply to any carcass, part thereof, or meat food product under one or more of the following circumstances:
(1) If its labeling is false or misleading in any particular; or
(2) If it is offered for sale under the name of another food; or
(3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated; or
(4) If its container is so made, formed, or filled as to be misleading; or
(5) If in a package or other container unless it bears a label showing:
(a) The name and place of business of the manufacturer, packer, or distributor; and
(b) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, that under clause (b) of this subdivision, reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations prescribed by the secretary of the Animal Industry Board; or
(6) If any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
(7) If it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the secretary under § 39-5-28 unless:
(a) It conforms to such definition and standard; and
(b) Its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food; or
(8) If it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the secretary under § 39-5-28, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; or
(9) If it is not subject to the provisions of subdivision (7), unless its label bears:
(a) The common or usual name of the food, if any there be; and
(b) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the secretary, be designated as spices, flavorings, and colorings without naming each; Provided, that, to the extent that compliance with the requirements of clause (b) of this subdivision (9) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the secretary; or
(10) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the secretary determines to be, and by regulations prescribed as, necessary in order fully to inform purchasers as to its value for such uses; or
(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact: Provided, that, to the extent that compliance with the requirements of this subdivision (11) is impracticable, exemptions shall be established by regulations promulgated by the secretary; or (12) If it fails to bear, directly thereon or on its containers, as the secretary may by regulations prescribe, the inspection legend and such other information as the secretary may require in such regulations to effectuate the purposes of this chapter.

Source: SL 1968, ch 158, § 1 (s).