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39-7 ARTIFICIAL DAIRY PRODUCTS
CHAPTER 39-7

ARTIFICIAL DAIRY PRODUCTS

39-7-1      Purpose of chapter.
39-7-2      Definition of terms.
39-7-3      Compounds and products not subject to chapter.
39-7-4      Repealed.
39-7-4.1      Sale or possession of artificial dairy products not meeting labeling requirements as misdemeanor.
39-7-4.2      Statement "artificial dairy product" indicated on package or container--Type size.
39-7-4.3      Compliance with federal requirements.
39-7-4.4      Display of product name.
39-7-4.5      Certain products not subject to chapter.
39-7-4.6      Information on principal display panel--Type size.
39-7-4.7      Nutritional panel--Contents.
39-7-4.8      Certain packages not subject to chapter.
39-7-5      Repealed.
39-7-6      Administration and enforcement of chapter.
39-7-7      Injunction to prevent violations--Seizure of contraband products.
39-7-8      Citation of chapter.


39-7-1 Purpose of chapter.
     39-7-1.   Purpose of chapter. The purpose of this chapter is to protect the public from confusion, fraud, and deception; to prohibit practices inimical to the general welfare; and to promote the orderly and fair marketing of essential foods.

Source: SL 1951, ch 114, § 2; SDC Supp 1960, § 22.05A02; SL 1987, ch 292, § 1.


39-7-2 Definition of terms.
     39-7-2.   Definition of terms. Terms used in this chapter mean:
             (1)      "Artificial dairy products," any food which by its composition, intended use, sensory qualities, physical properties, package or label description purports to resemble or imitate any dairy product listed in subdivision (1) of this section;
             (2)      "Dairy product," includes but is not limited to, milk, cream, sour cream, butter cream, butter, skimmed milk, ice cream, frozen dessert, whipped cream, flavored milk or skim milk drink, dried or powdered milk, cheese, cream cheese, cottage cheese, creamed cottage cheese, ice cream mix, frozen dessert mix, sherbet, condensed milk, evaporated milk, concentrated milk, and forms of dairy products for which no standard of identity exists which are manufactured principally from milk or milk-derived ingredients, provided milk-derived ingredients are not used at levels in excess of those permitted in similar standardized dairy products;
             (3)      "Milk," any milk, skim milk, cream, lowfat milk, nonfat dry milk, and any fluid derivative of the listed items;
             (4)      "Milk-derived ingredients," any buttermilk, whey, products derived from whey, casein, lactose, lacto albumen, and any fluid derivative of the listed items.

Source: SL 1951, ch 114, § 3; SDC Supp 1960, § 22.05A03; SL 1987, ch 292, § 2.


39-7-3 Compounds and products not subject to chapter.
     39-7-3.   Compounds and products not subject to chapter. Notwithstanding § 39-7-2, the term "artificial dairy product" may not be construed to mean or include:
             (1)      Any distinctive proprietary food compound not readily mistaken for a dairy product, where such compound is customarily used on the order of a physician and is prepared and designed for medicinal or special dietary use only and is prominently so labeled;
             (2)      Any dairy product flavored with chocolate or cocoa, or the vitamin content of which has been increased, or both, where the fats or oils other than milk fat contained in such product do not exceed the amount of cacao fat naturally present in the chocolate or cocoa used and the food oil, not in excess of .01 per centum of the weight of the finished product, used as a carrier of such vitamins.

Source: SL 1951, ch 114, § 3; SDC Supp 1960, § 22.05A03; SL 1987, ch 292, § 3.


39-7-4
     39-7-4.   Repealed by SL 1987, ch 292, § 4


39-7-4.1 Sale or possession of artificial dairy products not meeting labeling requirements as misde...
     39-7-4.1.   Sale or possession of artificial dairy products not meeting labeling requirements as misdemeanor. It is a Class 1 misdemeanor for any person, firm, or corporation, its employee or agent, or as the employee or agent of another, to knowingly manufacture, sell, exchange, or possess an artificial dairy product which does not adhere to the labeling requirements for artificial dairy products in §§ 39-7-4.2 to 39-7-4.4, inclusive.

Source: SL 1987, ch 292, § 5.


39-7-4.2 Statement "artificial dairy product" indicated on package or container--Type siz...
     39-7-4.2.   Statement "artificial dairy product" indicated on package or container--Type size. The statement, "artificial dairy product," shall be indicated in the upper thirty percent of the principal display panel of the package or container of an artificial dairy product. The statement may not be less than one-half of the size of the product name, but in no event smaller than one-quarter of an inch or eighteen point type, and shall be of similar type, style and color.

Source: SL 1987, ch 292, § 6.


39-7-4.3 Compliance with federal requirements.
     39-7-4.3.   Compliance with federal requirements. Any artificial dairy product shall comply with the applicable federal requirements set forth in section 403 of the Federal Food, Drug and Cosmetic Act, and Code of Federal Regulations, title 21, sections 101 and 105 as of January 1, 1987.

Source: SL 1987, ch 292, § 7.


39-7-4.4 Display of product name.
     39-7-4.4.   Display of product name. The product name of an artificial dairy product shall be presented in bold face type on the principal display panel and shall be in lines generally parallel to the base of the container or package.

Source: SL 1987, ch 292, § 8.


39-7-4.5 Certain products not subject to chapter.
     39-7-4.5.   Certain products not subject to chapter. Any nonliquid topping, dry coffee whitener, frozen liquid whitener, and margarine-type product is not subject to the requirements in this chapter.

Source: SL 1987, ch 292, § 9.


39-7-4.6 Information on principal display panel--Type size.
     39-7-4.6.   Information on principal display panel--Type size. Any artificial dairy product shall have on the principal display panel information which shall provide the major differences between the artificial dairy product and the dairy product it resembles. The information shall be in a type size which is at least twenty-five percent of the name of the artificial dairy product, but not less than one-eighth of an inch. This information shall include the difference in the fat or oil used and the major difference in the basic ingredients used to replace nonfat milk solids.

Source: SL 1987, ch 292, § 10.


39-7-4.7 Nutritional panel--Contents.
     39-7-4.7.   Nutritional panel--Contents. A nutritional panel shall be provided on an artificial dairy product which indicates the quantitative nutritional differences between the artificial dairy product and the dairy product it resembles in comparative columns. The nutrients to be included are those for which a United States recommended daily allowance has been established.

Source: SL 1987, ch 292, § 11.


39-7-4.8 Certain packages not subject to chapter.
     39-7-4.8.   Certain packages not subject to chapter. The provisions of this chapter do not apply to any package containing an individual serving of less than one-half ounce or one-half fluid ounce of an artificial dairy product for use in a restaurant, institution, or passenger carrier, and not otherwise packaged for sale at retail.

Source: SL 1987, ch 292, § 12.


39-7-5
     39-7-5.   Repealed by SL 1977, ch 190, § 371


39-7-6 Administration and enforcement of chapter.
     39-7-6.   Administration and enforcement of chapter. The secretary of agriculture is authorized and directed to administer and supervise the enforcement of this chapter; to provide for such periodic inspections and investigations as he may deem necessary to disclose violations; to receive and provide for the investigation of complaints; and to provide for the institution and prosecution of civil or criminal actions or both.

Source: SL 1951, ch 114, § 6; SDC Supp 1960, § 22.05A05.


39-7-7 Injunction to prevent violations--Seizure of contraband products.
     39-7-7.   Injunction to prevent violations--Seizure of contraband products. The provisions of this chapter may be enforced by injunction in any court having jurisdiction to grant injunctive relief, and artificial dairy products illegally held or otherwise involved in a violation of this chapter shall be subject to seizure and disposition in accordance with an appropriate court order.

Source: SL 1951, ch 114, § 6; SDC Supp 1960, § 22.05A05; SL 1987, ch 292, § 13.


39-7-8 Citation of chapter.
     39-7-8.   Citation of chapter. This chapter may be cited as the South Dakota Artificial Dairy Products Act.

Source: SL 1951, ch 114, § 1; SDC Supp 1960, § 22.05A01; SL 1987, ch 292, § 14.


Title 39

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