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.
Definition of terms.
Terms used in this chapter mean:
"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;
"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;
"Milk," any milk, skim milk, cream, lowfat milk, nonfat dry milk, and any fluid derivative
of the listed items;
"Milk-derived ingredients," any buttermilk, whey, products derived from whey, casein,
lactose, lacto albumen, and any fluid derivative of the listed items.
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.
Compounds and products not subject to chapter.
Notwithstanding § 39-7-2, the term
"artificial dairy product" may not be construed to mean or include:
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;
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.
SL 1951, ch 114, § 3; SDC Supp 1960, § 22.05A03; SL 1987, ch 292, § 3.
Repealed by SL 1987, ch 292, § 4
39-7-4.1 Sale or possession of artificial dairy products not meeting labeling requirements as misde...
Sale or possession of artificial dairy products not meeting labeling requirements
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...
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.
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.
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.
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.
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.
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.
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.
Repealed by SL 1977, ch 190, § 371
39-7-6 Administration and enforcement of chapter.
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.
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.
Citation of chapter.
This chapter may be cited as the South Dakota Artificial Dairy
Source: SL 1951, ch 114, § 1; SDC Supp 1960, § 22.05A01; SL 1987, ch 292, § 14.
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