39-4-2. Conditions constituting adulteration of food.

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 valuable constituent thereof has been wholly or in part abstracted;

(4)    If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed;

(5)    If it contain any poisonous or otherwise deleterious ingredient, added or natural, which may render it injurious to health: provided that when in the preparation of food products for shipment they are preserved by an external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise before eating, and directions for the removal of such preservative shall be plainly and conspicuously printed on the label of the package, the provisions of this chapter shall be construed as applying only when such products are ready for consumption;

(6)    If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or of any portion of any animal unfit for food, whether manufactured or not; or if it is the product of a portion of a diseased animal or of an animal which has been fed upon the uncooked offal from a slaughterhouse or other substance unfit for animal food, or of one that has died otherwise than by slaughter; or

(7)    If in the manufacture, sale, distribution, transportation, or in the offering or exposing for sale, distribution, or transportation, it is not at all times securely protected from all filth, flies, dust, contamination, or other unclean, unhealthful, or insanitary conditions.

Source: SL 1885, ch 64, § 1; CL 1887, § 2246; SL 1899, ch 89, § 26; RPolC 1903, § 2929; SL 1905, ch 114, § 7; SL 1907, ch 151, § 7; SL 1909, ch 163, § 5; SL 1917, ch 242, § 5; RC 1919, § 7808; SDC 1939, § 22.0402 (2).