Chapter
01. Enforcement Powers And General Provisions
02. Food-Handling Establishments [Repealed]
03. Refrigerated Locker Plants [Repealed]
04. Adulterated And Misbranded Foods
05. Meat And Meat Products
06. Milk And Milk Product Grades And Standards
07. Artificial Dairy Products
08. Frozen Desserts
09. Butter [Repealed]
10. Butter Substitutes [Repealed]
11. Eggs And Egg Products
12. Flour, Meal And Bread [Repealed]
13. Beverages, Concentrates And Flavors
14. Commercial Feeds
15. Adulterated And Misbranded Drugs
16. Narcotic Drugs [Repealed]
17. Drugs And Substances Control [Transferred]
18. Animal Remedies
19. Insecticides, Fungicides And Rodenticides [Transferred]
20. Paints And Oils [Repealed]
21. Petroleum Products [Transferred]
22. Antifreeze [Transferred]
23. Organic Food [Repealed]
24. South Dakota Certified Beef Program [Transferred]
CHAPTER 39-1
ENFORCEMENT POWERS AND GENERAL PROVISIONS
39-1-1 Administration of chapters by Department of Agriculture and Natural Resources--General enforcement powers.
39-1-1.1 Division of Legal and Regulatory Services functions.
39-1-2 Disposition of fees received.
39-1-3 Source of payment for expenses of enforcement.
39-1-4 Promulgation of rules--Enforcement.
39-1-5 Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded.
39-1-6 Distribution of bulletins containing standards, definitions, rules, and regulations--Payment of cost.
39-1-7 Prohibited contracts void--Action on contract prohibited.
39-1-8 Violation of title as misdemeanor.
39-1-9 Responsibility of employer for act or omission of agent or employee.
39-1-10 Access to premises and vehicles--Inspections, samples, and analyses.
39-1-11 Assistance to be rendered--Refusal of assistance as violation.
39-1-12 Interference with official performance of duty as misdemeanor.
39-1-13 Inspections and reports required of police officers--Payment of expenses.
39-1-14 Contraband articles subject to condemnation.
39-1-15 Seizure or quarantine of contraband articles--Tagging and marking--Removal as petty offense.
39-1-16 Petition to court for condemnation of seized or quarantined articles--Hearing and order.
39-1-17 Preemption of local regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide.
39-4-1
Food defined.
39-4-2
Conditions constituting adulteration of food
.
39-4-3
Ingredients constituting adulteration of confectionery.
39-4-3.1
Confection or candy containing less than one-half of one percent alcohol by weight
permitted.
39-4-3.2
Alcoholic beverage licensee permitted to sell confection or candy containing one-half
of one percent alcohol by weight or more.
39-4-3.3
Off-sale delivery licensee permitted to deliver confection or candy containing
one-half of one percent alcohol by weight or more.
39-4-4
Unlawful food additives--Prohibited use as misdemeanor.
39-4-5
Labeling required for preservatives added--Violation as misdemeanor.
39-4-6
Repealed.
39-4-7
False or misleading information in package or label constituting misbranding.
39-4-8
Imitation or unauthorized use of distinctive name as misbranding.
39-4-9
Deception as to place of origin as misbranding--Reuse of original package.
39-4-10
Failure to list narcotics in label as misbranding.
39-4-11
Quantity and packer to be shown in label--Variation and tolerances.
39-4-12
Franchised beverages exempt from quantity labeling requirement--Statement required
of manufacturer or distributor.
39-4-13
False labeling as to ingredients as misbranding.
39-4-14
Additional labeling required for special dietary foods.
39-4-14.1
Repealed.
39-4-15
Exemption of articles marketed under distinctive name--Compounds, imitations, and
blends.
39-4-16
Disclosure of trade formulas not required.
39-4-17
Exemption of articles intended for export.
39-4-18
Manufacture of adulterated or misbranded food as misdemeanor.
39-4-19
Transportation of adulterated or misbranded foods as misdemeanor.
39-4-20
Reliance by dealer on guaranty by wholesaler or manufacturer--Contents of guaranty.
39-4-21
Seizure and condemnation of adulterated or misbranded food--Release on bond--Jury
trial.
39-4-22
Donation of food--Immunity from civil and criminal liability.
39-4-23
Distribution of food without charge by charitable or nonprofit organization--Immunity.
39-4-24
Food not readily marketable--Immunity provisions applicable--Regulation.
39-4-25
Definitions.
39-4-26
Misbranding as meat food product, meat by-product, or poultry.
39-5-1 to 39-5-4. Repealed.
39-5-5
Sign and labeling required for sale of imported meat--Misdemeanor.
39-5-6
Definition of terms.
39-5-7
Enforcement of chapter by secretary through inspectors and employees of Animal
Industry Board.
39-5-8
Rules and regulations of secretary--Reports required--Conformity of rules to Federal
Wholesome Meat Act.
39-5-9
Power of secretary to administer oaths and require attendance of witnesses--Self-incrimination privilege of witnesses.
39-5-10
Cooperation by secretary with federal, state or local agencies--Acceptance of federal
aid.
39-5-11
Exemptions from inspection and preparation provisions.
39-5-11.1
License required for meat processors.
39-5-11.2
Continuing education for meat processor.
39-5-12
Withdrawal or denial of exemption by secretary.
39-5-13
Acts or transactions and carcasses, parts or meat food products regulated under
Federal Wholesome Meat Act exempt.
39-5-14
Adulterated carcass, part, or meat food product defined.
39-5-15
Application for inspection services.
39-5-16
Ante-mortem inspection of livestock.
39-5-17
Post-mortem inspection of carcasses and parts--Inspection of meat food products.
39-5-18
Inspections made by or under supervision of veterinary inspectors.
39-5-19
Cost of inspection--Rates for overtime, night, and holiday work.
39-5-20
Quarantine, segregation, and reinspection of livestock, carcasses and parts, and meat
food products.
39-5-21
Condemnation and destruction of adulterated carcasses, parts, and meat food
products--Reprocessing authorized.
39-5-22
Appeal from condemnation determination--Inspection and costs--Destruction of
articles.
39-5-23
Refusal or withdrawal of inspection--Grounds and procedure for action by secretary.
39-5-23.1
Inhumane slaughtering--Refusal or suspension of inspection.
39-5-23.2
Humane methods of slaughtering.
39-5-24
Facilities and sanitary practices of establishments operated in accordance with
regulations of secretary--Inspection of carcasses, parts, or meat food products
required for admittance into establishment.
39-5-25
Regulation of entry and handling of equine carcasses and products or other meat food
products in official establishments.
39-5-26
Misbranded carcass, part, or meat food product defined.
39-5-27
Labeling and marking of carcasses, parts, meat food products or containers required.
39-5-28
Labeling and marking styles and sizes of type--Definitions and standards of identity
or composition and standards of fill of container prescribed by secretary.
39-5-29
False or misleading marking or labeling or misleading container prohibited.
39-5-30
Determination and modification by secretary of false or misleading marking,
labeling, or container--Hearing on determination.
39-5-31
Meat processors and related industries subject to regulation by secretary.
39-5-32
Meat and meat products not to be used for human consumption--Denaturing or
identification as inedible required.
39-5-33 Registration of meat brokers, renderers, animal food manufacturers, wholesalers or warehousemen.
39-5-34 Regulation of dealing in diseased, dying, crippled or dead livestock.
39-5-35 Disposal of carcasses, parts, or meat food products from noncomplying official establishments.
39-5-36 Records required of all types of meat businesses.
39-5-37 Detention of carcass, part, or meat food product, inedible product, or dying, crippled or diseased livestock--Grounds and procedure for action by secretary.
39-5-38 Seizure and condemnation of articles or animals in violation--Procedure for disposal of articles or animals.
39-5-39 Prohibited acts.
39-5-39.1 Sale of diseased carcass for human consumption as felony.
39-5-40 Repealed.
39-5-41 Principal or employer liable for acts or omissions of agent or employee.
39-5-42 Notice of report of violation by secretary to state's attorney--Warning notice by secretary authorized.
39-5-43 Circuit court jurisdiction.
39-5-44 Notice of operation of inspection and regulatory provisions.
39-5-45 Severability of chapter.
39-5-46 to 39-5-54. Transferred.
39-6-1
Definition of terms.
39-6-2
Sale of packaged or dispenser milk below Grade A or raw milk without license and
permit as misdemeanor.
39-6-3
Sale of raw milk at place where milk produced permitted.
39-6-3.1
License and permit required to sell raw milk for human consumption.
39-6-4
Repealed.
39-6-5
Repealed.
39-6-6
Repealed.
39-6-7, 39-6-8. Repealed.
39-6-9
Promulgation of rules.
39-6-10
Permit for importation of Grade A products--Standards required--Suspension or
revocation.
39-6-10.1
Repealed.
39-6-11
Inspectors for Grade A premises and plants--Assistance to producers and processors.
39-6-12
Field service provided by processor to assist producers and supervise processing.
39-6-13
Processor field service permit--Determination of qualifications.
39-6-14
Processor field service permit not transferable--Revocation--Notice and hearing.
39-6-15
Grounds for suspension and revocation of permit--Opportunity for hearing before
revocation.
39-6-16
Hearing required before revocation of permit--Suspension pending hearing--Stop-sale
order in lieu of suspension.
39-6-17 to 39-6-19. Repealed.
39-6-20
Sale of substandard products prohibited.
39-6-21, 39-6-22. Repealed.
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.
39-8-1
Definition of terms.
39-8-2
Administration of chapter.
39-8-3
Construction standards for plants.
39-8-4
Sanitation standards for plant operations.
39-8-5
Labeling of containers of dessert mix.
39-8-6
Units of sale and minimum weight of frozen desserts--Tolerances.
39-8-7
Containers labeled as to quantity.
39-8-8
Labeling of desserts sold in packages.
39-8-9
Exemption from labeling requirements of containers filled in presence of purchaser.
39-8-10
Standards of identity, quality, and fill of container.
39-8-11
Conditions constituting adulteration of dessert or mix.
39-8-12
Conditions constituting misbranding of dessert or mix.
39-8-13
Manufacture, sale, or possession of adulterated or misbranded dessert or mix as
misdemeanor.
39-8-14
Violation of chapter or regulations as misdemeanor.
39-8-15
Citation of chapter.
39-11-1
Definition of terms.
39-11-2
License required for egg dealing or processing--Exceptions.
39-11-3
Repealed.
39-11-4
Issuance of license on compliance with requirements--Examination for candler's
license.
39-11-5
Annual fees for classes of licenses--License required to candle or grade.
39-11-6
Expiration and renewal of licenses--Late renewal fee.
39-11-7
Regulations governing grading, production, and distribution standards--Plant
requirements--Enforcement.
39-11-7.1
Repealed.
39-11-7.2
Repealed.
39-11-8
Federal standards as guide in establishing grade requirements.
39-11-9
Candling required before payment of producers--Payment based on estimated value.
39-11-10
Candling and grading records required of licensee--Open for examination.
39-11-11
Eggs purchased for processing exempt from grading requirements.
39-11-12
Conditions making eggs unfit for human food.
39-11-13
Excessive dockage by dealer prohibited--Accurate grading required.
39-11-14
Possession of unfit eggs prohibited--Denatured egg products for animal foods
allowed.
39-11-15
Violation of chapter as petty offense.
39-11-16
Stop-sale order on products in violation--Effect.
39-11-17
Violation as ground for revocation of license--Notice and opportunity for hearing.
39-11-18
Repealed.
39-13-1
Definition of terms.
39-13-2
Products exempt from chapter.
39-13-3
Registration required for sale of alcoholic beverage--Application for registration.
39-13-4
Fees for registration of products--Disposition of fees.
39-13-5
Time for annual registration--Expiration.
39-13-6
Retailers and dispensers not required to register previously registered product.
39-13-7
Contraband liquor to be registered before sale.
39-13-8
Labeling and quality standards applicable.
39-13-9
Cleansing and sterilizing of containers.
39-13-10
Manufacture, sale, or possession of adulterated, misbranded, or improperly labeled
nonalcoholic beverage or concentrate as petty offense.
39-13-11
Manufacture, sale, or possession of adulterated or misbranded alcoholic beverage as
petty offense--Compliance with federal labeling requirements.
39-13-12
Repealed.
39-13-13
Administration and enforcement of chapter--Enforcement powers.
39-13-13.1
Superseded.
39-13-14
Identification and examination of samples collected.
39-13-15
Publication of analyses and information.
39-13-16
Representation of product as honey as petty offense if not pure honey from bees.
39-13-17
Repealed.
CHAPTER 39-14
COMMERCIAL FEEDS
39-14-1 39-14-1 to 39-14-38. Repealed by SL 1970, ch 228, § 17
39-14-39 Definition of terms.
39-14-40 39-14-40. Repealed by SL 1993, ch 304, § 8
39-14-40.1 Commercial feed license--Requirements--Fees--Application and renewal.
39-14-41 39-14-41. Repealed by SL 1993, ch 304, § 9
39-14-41.1 Copies of labels and labeling.
39-14-42 Refusal or cancellation of commercial feed license--Hearings and opportunity to amend.
39-14-43 Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food.
39-14-43.1 Deposits in animal disease research and diagnostic laboratory bond redemption and operations fund.
39-14-44 Tonnage reports and payment of inspection fees--Records required--Refusal or cancellation of commercial feed licenses for noncompliance.
39-14-45 Deposits in feed and remedy fund--Expenditures.
39-14-46 Adulteration by poisonous or deleterious substances.
39-14-47 Adulteration by unsafe additives.
39-14-47.1 Adulteration by unsafe color additive or new animal drug.
39-14-48 Adulteration by unsafe food additives.
39-14-49 Adulteration by pesticide chemicals.
39-14-50 Adulteration by omission or abstraction of valuable constituents.
39-14-51 Adulteration by failure to meet label representations.
39-14-52 Adulteration by drug not conforming to good manufacturing practice.
39-14-53 Adulteration by weed seed.
39-14-54 Labeling requirements for commercial feed.
39-14-55 Labeling requirements for customer-formula feed.
39-14-55.1 39-14-55.1. Repealed by SL 2018, ch 246, § 1.
39-14-56 Conditions constituting misbranding.
39-14-57 Prohibited acts.
39-14-58 Administration of chapter by secretary of agriculture and natural resources.
39-14-59 Cooperation by secretary with other agencies.
39-14-60 Promulgation of rules for commercial feeds and pet foods.
39-14-61 Publication required before adoption or change of rule or regulation--Automatic adoption of changes in national standards.
39-14-62 Access of departmental personnel to premises and records.
39-14-63 Entry of premises and inspections by departmental personnel--Restriction on scope of inspection.
39-14-64 Notice of inspections--Notice of completion.
39-14-65 Warrant for inspection of premises.
39-14-66 Receipt given for samples obtained.
39-14-67 Sampling and analysis methods.
39-14-68 Deficiencies determined by official sample and analysis.
39-14-69 Results of analyses furnished by secretary--Portion of sample furnished on finding of adulteration or misbranding.
39-14-70 Misuse of confidential information as misdemeanor--Exchange with other government agencies.
39-14-71 Order withdrawing feed from distribution--Release on compliance--Condemnation proceedings.
39-14-72 Seizure and disposal of feed in violation--Opportunity to process or relabel.
39-14-73 Judicial review of administrative actions--Form of proceeding.
39-14-74 Injunction to restrain violations of chapter.
39-14-75 Violation as misdemeanor.
39-14-76 Warning in lieu of prosecution for minor violations.
39-14-77 Prosecution by state's attorney--Opportunity for hearing before report of violation.
39-14-78 Publication of information on commercial feeds--Contents.
39-14-79 Severability of provisions.
39-14-80 Title of chapter.
39-14-81 Rules covering exemption from chapter.
39-15-1
Substances subject to chapter.
39-15-2
Substandard drug sold under recognized name deemed adulterated--Lower standards
stated on container.
39-15-3
Strength or purity below professed standard deemed adulteration.
39-15-4
Unsanitary storage and dispensing conditions deemed adulteration.
39-15-5
False label as to purity, effect, or contents as misbranding.
39-15-6
False label as to place of origin as misbranding.
39-15-7
Imitation or sale under name of another article as misbranding.
39-15-8
Reuse of container as misbranding--Alcohol and narcotics to be stated in label--Prescription drugs and standard name sales exempt.
39-15-9
Exemption of drugs intended for export--Provisions applicable if sold domestically.
39-15-10
Manufacture or sale of adulterated or misbranded drug as misdemeanor.
39-15-11
Reliance by dealer on guarantee by distributor--Liability to fines and penalties--Contents of guarantee.
39-18-1
Definition of terms.
39-18-2
Administration of chapter.
39-18-3
Registration required for distribution of remedy.
39-18-4
Experimental remedies exempt from registration--Labeling.
39-18-5
Application for registration--Contents.
39-18-6
Label to accompany application--Specimen required--Statement of claims.
39-18-7
Classification by secretary as commercial feed or animal remedy.
39-18-8
Copy of registration forwarded to applicant_Annual expiration date.
39-18-9
Disposition of funds collected.
39-18-10
Refusal to register product of no value--Suspension or revocation for flagrant
violation.
39-18-11
No additional fee required if paid by manufacturer or distributor.
39-18-12
Sale or offer of unregistered remedy prohibited.
39-18-13
Sale by retailer without reregistration.
39-18-14
Professional supervision required for preparation and packaging of remedies.
39-18-15
Label required on animal remedy--Contents.
39-18-16
Forgery or counterfeiting of label prohibited.
39-18-17
Alteration or destruction of label prohibited--Other acts resulting in misbranding.
39-18-18
Remedy deemed misbranded if not properly labeled.
39-18-19
Remedy deemed misbranded if label misleading.
39-18-20
Remedy deemed misbranded if required information on label not conspicuous and
clear.
39-18-21
Remedy deemed misbranded if container deceptive as to quantity.
39-18-22
Remedy deemed misbranded if distributed under name of another.
39-18-23
Remedy deemed misbranded if recommended dosage is dangerous.
39-18-24
Distribution under federal license as compliance with branding requirements.
39-18-25
Putrid and decomposed substances constituting adulteration.
39-18-26
Poisonous and deleterious substances constituting adulteration.
39-18-27
Injurious substance in container constituting adulteration.
39-18-28
Preparation or packing under unsanitary conditions as adulteration.
39-18-29
Substandard strength or quality as adulteration--Tolerance allowed.
39-18-30
Manufacture or sale of adulterated or misbranded remedy prohibited.
39-18-31
False guaranty prohibited--Reliance on guaranty by another.
39-18-32
False or misleading advertising prohibited--Restrictions on liability of advertising
media.
39-18-33
Sale of unrefrigerated biological products prohibited.
39-18-34
Exemption of veterinarians.
39-18-34.1
Relationship between veterinarian and client or patient as condition of dispensing
certain drugs--What constitutes a valid relationship.
39-18-35
Enforcement of chapter--Rules and regulations--Notice and hearing on regulations.
39-18-36
Publication of production data and analysis results--Operations not disclosed.
39-18-37
Violation of chapter or rules and regulations as misdemeanor.
39-18-38
Investigations pertinent to enforcement.
39-18-39
Access of departmental personnel to premises.
39-18-40
Procurement and analysis of samples--Official analysis as sole guide for
administrative determinations.
39-18-41
Refusal of inspection or sample prohibited.
39-18-42 Analysis result showing adulteration or misbranding forwarded to distributor and purchaser--Portion of sample furnished.
39-18-43 Unauthorized disclosure of information prohibited.
39-18-44 Withholding from sale of remedies not in compliance.
39-18-45 Tagging of adulterated or misbranded remedies--Disposal or removal from premises prohibited.
39-18-46 Petition for condemnation of adulterated or misbranded article--Removal of tag if found not adulterated or misbranded.
39-18-47 Destruction of article found adulterated or misbranded--Costs and expenses.
39-18-48 Bond to permit processing or relabeling of detained remedy--Expense of supervision--Return of bond on compliance.
39-18-49 Report of violations to prosecuting authorities.
39-18-50 Report for prosecution required for minor violations--Warning notice.
39-18-51 Prosecution of violations reported--Opportunity to present views before report for prosecution.
39-18-52 Severability of provisions.
39-18-53 Citation of chapter.
