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.

39-15-1. Substances subject to chapter.

The term "drug" as used in this chapter shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixtures of substances intended to be used for the cure, mitigation, or prevention of disease of either man or domestic animal.

Source: SL 1907, ch 151, § 34; SL 1909, ch 180, § 2; RC 1919, § 7851; SDC 1939, § 22.1101.

39-15-2. Substandard drug sold under recognized name deemed adulterated--Lower standards stated on container.

For the purposes of this chapter a drug shall be deemed adulterated if, when sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity as determined by the test laid down in such pharmacopoeia or formulary, at the time of investigation; provided that no drug defined in such pharmacopoeia or formulary shall be deemed to be adulterated if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof, although such standard may differ from that determined by the test laid down by such pharmacopoeia or formulary.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 3; RC 1919, § 7852 (1); SL 1921, ch 238; SDC 1939, § 22.1102 (1).

39-15-3. Strength or purity below professed standard deemed adulteration.

For the purposes of this chapter a drug shall be deemed adulterated if its strength or purity falls below the professed standard or quality under which it is sold.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 3; RC 1919, § 7852 (2); SL 1921, ch 238; SDC 1939, § 22.1102 (2).

39-15-4. Unsanitary storage and dispensing conditions deemed adulteration.

For the purposes of this chapter a drug shall be deemed adulterated if the storeroom, prescription case, shelves, containers, or utensils used for dispensing drugs are not at all times kept in a clean and sanitary condition.

Source: SL 1921, ch 238; SDC 1939, § 22.1102 (3).

39-15-5. False label as to purity, effect, or contents as misbranding.

For the purposes of this chapter a drug shall be deemed to be misbranded if the package or label shall bear or contain any statement, design, or device regarding the purity or therapeutic effect of such article or any of the ingredients or substances contained therein, which is false or fraudulent; or which is false or misleading in any particular concerning the contents.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 4; RC 1919, § 7853; SDC 1939, § 22.1103 (1).

39-15-6. False label as to place of origin as misbranding.

For the purposes of this chapter a drug shall be deemed to be misbranded if the package or label is false or misleading as to the state, territory, or country in which the drug was manufactured or produced.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 4; RC 1919, § 7853; SDC 1939, § 22.1103 (2).

39-15-7. Imitation or sale under name of another article as misbranding.

For the purposes of this chapter a drug shall be deemed to be misbranded if it be an imitation of or offered for sale under the name of another article.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 4; RC 1919, § 7853; SDC 1939, § 22.1103 (3).

39-15-8. Reuse of container as misbranding--Alcohol and narcotics to be stated in label--Prescription drugs and standard name sales exempt.

For the purposes of this chapter a drug shall be deemed to be misbranded if the contents of the package as originally packed shall have been removed in whole or in part and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide or any derivative or preparation of any such substance contained therein. Nothing in this section shall be construed to apply to the dispensing of prescriptions written by regularly licensed practicing physicians, veterinary surgeons, or dentists, and kept on file by the dispensing pharmacist, nor to such drugs as are recognized in the United States Pharmacopoeia and the National Formulary, and which are sold under the name by which they are so recognized.

Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 4; RC 1919, § 7853; SDC 1939, § 22.1103 (4).

39-15-9. Exemption of drugs intended for export--Provisions applicable if sold domestically.

No drug shall be deemed misbranded or adulterated, within the meaning of this chapter, when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser, if no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which such drug is intended to be shipped; but if such drug shall be in fact sold or offered for sale for domestic use or consumption, it shall be subject to all the provisions of this chapter.

Source: SL 1909, ch 180, § 1; RC 1919, § 7850; SDC 1939, § 22.1105.

39-15-10. Manufacture or sale of adulterated or misbranded drug as misdemeanor.

No person shall manufacture, sell, or offer for sale any drug which is adulterated or misbranded within the meaning of this chapter. A violation of this section is a Class 2 misdemeanor.

Source: PenC 1877, § 453; CL 1887, § 6654; SL 1893, ch 132, § 10; RPolC 1903, § 278; SL 1909, ch 180, § 1; RC 1919, § 7850; SDC 1939, §§ 22.1105, 22.9918; SL 1977, ch 190, § 394.

39-15-11. Reliance by dealer on guarantee by distributor--Liability to fines and penalties--Contents of guarantee.

Whenever any dealer shall have received a guaranty, signed by the wholesaler, jobber, manufacturer, or other person, residing within the United States, from whom he purchased the drug, to the effect that the same is not adulterated or misbranded as defined in this chapter, he shall not be liable to prosecution under this chapter unless he shall have knowledge or notice of the falsity of such guaranty, but the person making such guaranty shall be subject to the fines and other penalties which otherwise would attach to such dealer. Such guaranty must contain the name and post-office address of the wholesaler, jobber, manufacturer, or person from whom the drug was purchased.

Source: SL 1909, ch 180, § 5; RC 1919, § 7854; SDC 1939, § 22.1104.