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 Repealed by SL 1970, ch 228, § 17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 Repealed by SL 1993, ch 304, § 8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 Repealed by SL 1993, ch 304, § 9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 Repealed by SL 2018, ch 246, § 1.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.
39-14-39. Definition of terms.
Terms used in this chapter mean:
(1) "Brand name," any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others;
(2) "Commercial feed," any material except unmixed seed, whole or processed, if not adulterated within the meaning of §§ 39-14-46 to 39-14-52, inclusive, which is distributed for use as feed or for mixing in feed;
(3) "Contract feeder," a person who as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished, or otherwise provided to the person and whereby the person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product;
(4) "Customer formula feed," commercial feed which consists of a mixture of commercial feeds and feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser;
(5) "Distribute," to offer for sale, sell, exchange, or barter, commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder;
(6) "Distributor," any person who distributes;
(7) "Drug," any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man, and articles other than feed intended to affect the structure or any function of the animal body;
(8) "Feed ingredient," each of the constituent materials making up a commercial feed;
(9) "Label," a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;
(10) "Labeling," all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrappers or accompanying a commercial feed;
(11) "Manufacture," to grind, mix, or blend, or further process a commercial feed for distribution;
(12) "Mineral feed," a commercial feed intended to supply primarily mineral elements or inorganic nutrients;
(13) "Official sample," a sample of commercial feed taken by the secretary of agriculture and natural resources or his agent in accordance with the provisions of § 39-14-62, 39-14-66, or 39-14-67;
(14) "Percent" or "percentages," percentages by weights;
(15) "Pet," any domesticated animal normally maintained in or near the household of the owner of the animal;
(16) "Pet food," any commercial feed prepared and distributed for consumption by dogs and cats;
(17) "Product name," the name of the commercial feed which identifies it as to kind, class, or specific use;
(18) "Specialty pet," any domesticated animal pet normally maintained in a cage or tank, such as gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles;
(19) "Specialty pet food," a commercial feed prepared and distributed for consumption by specialty pets; and
(20) "Ton," a net weight of two thousand pounds avoirdupois.
Source: SL 1911, ch 238, §§ 1, 2; SL 1913, ch 332; RC 1919, § 7892; SL 1929, ch 238, § 1; SDC 1939, § 22.1002; SL 1964, ch 5, § 3; SDCL, § 39-14-1; SL 1970, ch 228, § 3; SL 1993, ch 304, § 6; SL 2021, ch 1 (Ex.Ord. 21-3), § 51, eff. April 19, 2021.
39-14-40.1. Commercial feed license--Requirements--Fees--Application and renewal.
No person who manufactures a commercial feed within the state, or whose name appears on the label of a commercial feed as guarantor, may distribute a commercial feed in the state without first obtaining a commercial feed license from the secretary on forms provided by the secretary that identify the manufacturer's or guarantor's name, place of business, and location of each manufacturing facility in the state and such other appropriate information necessary for enforcement of this chapter. The fee for a new or renewal license is fifty dollars per in-state location or manufacturer name and location listed on a commercial feed label, except that in the case of in-state manufacturers who manufacture only customer formula feeds, no fee may be collected. Each license expires on the thirty-first of December of the year after the date of issuance. Commercial feed license applications for renewal received after the thirty-first of January of each year shall be assessed a late payment fee equal to the original license fee, which shall be added to the original fee and shall be paid by the applicant before the renewal license is issued.
Source: SL 1993, ch 304, § 10; SL 1994, ch 319; SL 2001, ch 215, § 31.
39-14-41.1. Copies of labels and labeling.
The secretary may request from a license applicant or licensee, copies of labels and labeling in order to determine compliance with the provisions of this chapter.
Source: SL 1993, ch 304, § 11.
39-14-42. Refusal or cancellation of commercial feed license--Hearings and opportunity to amend.
The secretary of agriculture and natural resources may reject the commercial feed license application of any firm not in compliance with the provisions of this chapter and may cancel the commercial feed license of any firm subsequently found not to be in compliance with any provision of this chapter. However, no commercial feed license may be refused or canceled unless the licensee has been given an opportunity to be heard before the secretary and to amend his application in order to comply with the requirements of this chapter.
Source: SL 1911, ch 238, § 10; SL 1913, ch 332, § 10; RC 1919, § 7900; SL 1929, ch 238, § 9; SDC 1939, § 22.1006; SL 1947, ch 97, § 3; SL 1949, ch 83; SL 1964, ch 5, § 4 (e); SDCL, § 39-14-11; SL 1970, ch 228, § 4 (3); SL 1993, ch 304, § 12; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-43. Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food.
An inspection fee established in rules promulgated by the secretary of agriculture and natural resources pursuant to chapter 1-26, but not to exceed twenty-four cents per ton, shall be paid on commercial feeds distributed in this state by the person who distributes the commercial feed to the consumer subject to the following:
(1) No fee need be paid on a commercial feed if the payment has been made by a previous distributor;
(2) No fee need be paid on customer-formula feeds;
(3) No fee need be paid on commercial feeds used as ingredients for the manufacture of commercial feeds provided the fee has been paid by a previous distributor. If the fee has been paid, credit is given for the payment;
(4) In the case of a pet food which is distributed in the state only in packages of ten pounds or less, an annual fee of ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above;
(5) In the case of a specialty pet food which is distributed in the state only in packages of ten pounds or less, an annual fee of ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above; and
(6) The minimum inspection fee shall be twenty dollars per twelve-month period.
Source: SDC 1939, § 22.1004; SL 1941, ch 96; SL 1943, ch 87, § 1; SL 1947, ch 97, § 1; SL 1964, ch 5, § 6 (a); SL 1966, ch 7; SDCL § 39-14-18; SL 1970, ch 228, § 9 (1); SL 1977, ch 314; SL 1981, ch 286, § 9; SL 1993, ch 304, § 13; SL 2001, ch 215, § 32; SL 2017, ch 43, § 9; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-43.1. Deposits in animal disease research and diagnostic laboratory bond redemption and operations fund.
An amount equal to seventy-four dollars per product on pet food and eighty-six dollars and fifty cents per product on specialty pet food, as provided in § 39-14-43, shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund established by § 40-3-30. The money shall be transferred to the general fund coinciding with the general fund bond payments for the State Animal Disease Research and Diagnostic Laboratory, as well as annual maintenance, operations, and repair of the State Animal Disease Research and Diagnostic Laboratory.
Source: SL 2017, ch 43, § 10.
39-14-44. Tonnage reports and payment of inspection fees--Records required--Refusal or cancellation of commercial feed licenses for noncompliance.
Any person who is liable for payment of an inspection fee shall:
(1) File, not later than the last day of January of each year, an annual statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding twelve months. Upon filing such statement, the person shall pay the inspection fee at the rate stated in § 39-14-43. Inspection fees that are due and have not been remitted to the Department of Agriculture and Natural Resources by January thirty-first of each year shall have a late payment fee of ten percent or twenty dollars, whichever is greater, added to the amount due when payment is finally made. The assessment of this late payment fee does not prevent the department from taking other actions as provided in this chapter; and
(2) Keep such records as may be necessary or required by the secretary of agriculture and natural resources, pursuant to rules promulgated pursuant to chapter 1-26, to indicate accurately the tonnage of commercial feed distributed in this state. The secretary may examine such records to verify statements of tonnage.
Failure to make an accurate statement of tonnage or to pay the inspection fee or comply with this section constitutes sufficient cause for cancellation of a commercial feed license or rejection of a commercial feed license application.
Source: SDC 1939, § 22.1004; SL 1941, ch 96; SL 1943, ch 87, § 1; SL 1947, ch 97, § 1; SL 1964, ch 5, § 6 (b); SDCL, §§ 39-14-19 to 39-14-21; SL 1970, ch 228, § 9 (2); SL 1986, ch 326, § 70; SL 1993, ch 304, § 14; SL 2001, ch 215, § 33; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-45. Deposits in feed and remedy fund--Expenditures.
Any fee collected pursuant to §§ 39-14-40.1, 39-14-43, and 39-14-44 that is not dedicated to the state animal disease research and diagnostic laboratory bond redemption and operations fund shall be remitted at the end of each month to the state treasurer for deposit in the feed and remedy fund which is hereby established in the state treasury. The feed and remedy fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The feed and remedy fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the feed and remedy program. Expenditures from the feed and remedy fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the feed and remedy fund until appropriated by the Legislature.
Source: SL 1937, ch 14; SDC 1939, § 22.1004; SL 1941, ch 96; SL 1943, ch 87, § 1; SL 1947, ch 97, § 1; SL 1964, ch 5, § 6 (a); SL 1966, ch 7; SDCL § 39-14-18; SL 1970, ch 228, § 9 (3); SL 1993, ch 304, § 15; SL 2017, ch 43, § 11.
39-14-46. Adulteration by poisonous or deleterious substances.
A commercial feed shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this section if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health.
Source: SL 1964, ch 5, § 7; SDCL, § 39-14-17 (1); SL 1970, ch 228, § 7 (1) (a).
39-14-47. Adulteration by unsafe additives.
A commercial feed shall be deemed to be adulterated if it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (1) a pesticide chemical in or on a raw agricultural commodity; or (2) a food additive).
Source: SL 1970, ch 228, § 7 (1) (b).
39-14-47.1. Adulteration by unsafe color additive or new animal drug.
A commercial feed is adulterated if it is, or it bears, or contains any color additive that is unsafe within the meaning of section 706 of the Federal Food, Drug and Cosmetic Act as amended to January 1, 1993. A commercial feed is adulterated if it is, or it bears, or contains any new animal drug that is unsafe within the meaning of section 512 of the Federal Food, Drug and Cosmetic Act as amended to January 1, 1993.
Source: SL 1993, ch 304, § 16.
39-14-48. Adulteration by unsafe food additives.
A commercial feed shall be deemed to be adulterated if it is, or it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act.
Source: SL 1970, ch 228, § 7 (1) (c).
39-14-49. Adulteration by pesticide chemicals.
A commercial feed shall be deemed to be adulterated if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408 (a) of the Federal Food, Drug, and Cosmetic Act: Provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408 (a), of the Federal Food, Drug, and Cosmetic Act.
Source: SL 1970, ch 228, § 7 (1) (d).
39-14-50. Adulteration by omission or abstraction of valuable constituents.
A commercial feed shall be deemed to be adulterated if any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor.
Source: SL 1964, ch 5, § 7; SDCL, § 39-14-17 (2); SL 1970, ch 228, § 7 (2).
39-14-51. Adulteration by failure to meet label representations.
A commercial feed shall be deemed to be adulterated if its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.
Source: SL 1964, ch 5, § 7; SDCL, § 39-14-17 (3); SL 1970, ch 228, § 7 (3).
39-14-52. Adulteration by drug not conforming to good manufacturing practice.
A commercial feed shall be deemed to be adulterated if it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules promulgated by the secretary of agriculture and natural resources pursuant to the provisions of chapter 1-26 to assure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating such rules, the secretary shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless he determines that they are not appropriate to the conditions which exist in this state.
Source: SL 1970, ch 228, § 7 (4); SL 1986, ch 326, § 71; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-53. Adulteration by weed seed.
A commercial feed shall be deemed to be adulterated if it contains viable weed seeds in amounts exceeding the limits which the secretary of agriculture and natural resources shall establish by rule pursuant to the provisions of chapter 1-26.
Source: SL 1947, ch 97, § 4; SDC Supp 1960, § 22.1007; SL 1964, ch 5, § 7; SDCL, § 39-14-17 (5); SL 1970, ch 228, § 7 (5); SL 1986, ch 326, § 72; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-54. Labeling requirements for commercial feed.
A commercial feed, except a customer-formula feed, shall be accompanied by a label bearing the following information:
(1) The net weight;
(2) The product name and the brand name, if any, under which the commercial feed is distributed;
(3) The guaranteed analysis stated in such terms as the secretary of agriculture and natural resources by rule promulgated pursuant to the provisions of chapter 1-26 determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases, the substances or elements must be determinable by laboratory methods from generally recognized sources, such as the methods published by the association of official analytical chemists;
(4) The common or usual name of each ingredient used in the manufacture of the commercial feed. However, the secretary of agriculture and natural resources by rule promulgated pursuant to the provisions of chapter 1-26 may permit the use of a collective term for a group of ingredients which perform a similar function, or he may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers;
(5) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;
(6) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the secretary of agriculture and natural resources may require by rule promulgated pursuant to the provisions of chapter 1-26 as necessary for their safe and effective use; and
(7) Such warning or caution statements as the secretary of agriculture and natural resources by rule promulgated pursuant to the provisions of chapter 1-26 determines are necessary for the safe and effective use of the commercial feed.
Source: SL 1907, ch 153, § 2; SL 1911, ch 238, §§ 3, 7; SL 1913, ch 332, §§ 3, 7; RC 1919, §§ 7893, 7897; SL 1929, ch 238, § 2; SDC 1939, § 22.1003; SL 1945, ch 85; SL 1964, ch 5, § 5 (a); SDCL, § 39-14-12; SL 1970, ch 228, § 5 (1); SL 1986, ch 326, § 73; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
39-14-55. Labeling requirements for customer-formula feed.
A customer-formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document bearing the following information:
(1) Name and address of the manufacturer;
(2) Name and address of the purchaser;
(3) Date of delivery;
(4) The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture, and the net weight of each other ingredient used;
(5) Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the secretary of agriculture and natural resources may require by rule promulgated pursuant to the provisions of chapter 1-26 as necessary for their safe and effective use; and
(6) Such warning or caution statements as the secretary of agriculture and natural resources by rule promulgated pursuant to the provisions of chapter 1-26 determines are necessary for the safe and effective use of the customer-formula feed.
Source: SL 1964, ch 5, § 5 (c); SDCL, § 39-14-14; SL 1970, ch 228, § 5 (2); SL 1986, ch 326, § 74; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-56. Conditions constituting misbranding.
A commercial feed shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular;
(2) If it is distributed under the name of another commercial feed;
(3) If it is not labeled as required in § 39-14-54 or 39-14-55;
(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the secretary of agriculture and natural resources;
(5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Source: SL 1964, ch 5, § 8; SDCL, § 39-14-16; SL 1970, ch 228, § 6; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-57. Prohibited acts.
The following acts and the causing of such acts within the State of South Dakota are prohibited:
(1) The manufacture or distribution of any commercial feed that is adulterated or misbranded;
(2) The adulteration or misbranding of any commercial feed;
(3) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, that are adulterated within the meaning of §§ 39-14-46 to 39-14-53, inclusive;
(4) The removal or disposal of a commercial feed in violation of an order under § 39-14-71 or 39-14-72;
(5) The failure or refusal to obtain a commercial feed license in accordance with § 39-14-40.1;
(6) The violation of § 39-14-70; and
(7) Failure to pay inspection fees and file reports as required by §§ 39-14-43 and 39-14-44.
Source: SL 1970, ch 228, § 8; SL 1993, ch 304, § 17.
39-14-58. Administration of chapter by secretary of agriculture and natural resources.
This chapter shall be administered by the secretary of agriculture and natural resources of the State of South Dakota, referred to in this chapter as the "secretary."
Source: SL 1929, ch 238, § 13; SDC 1939, § 22.1001; SL 1964, ch 5, § 2; SDCL, § 39-14-2; SL 1970, ch 228, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-59. Cooperation by secretary with other agencies.
The secretary of agriculture and natural resources may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.
Source: SL 1970, ch 228, § 14; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-60. Promulgation of rules for commercial feeds and pet foods.
The secretary of agriculture and natural resources may promulgate rules, pursuant to chapter 1-26, for commercial feeds and pet foods:
(1) To provide procedures for registration of commercial feed;
(2) To provide procedures for contested case hearings and commercial feed registration amendments;
(3) To provide guidelines for commercial feed records;
(4) To provide guidelines for commercial feed good manufacturing practices;
(5) To establish weed seed adulteration limits;
(6) To establish labeling standards for commercial feed;
(7) To establish customer-formula feed directions and warning and caution statements for labels; and
(8) To provide procedures for entry into premises and access to records by department personnel for the purpose of inspecting commercial feed manufacturing practices.
In the interest of uniformity, the secretary by rule shall consider and may adopt the regulations, official definition of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization and any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301, et seq.), provided that the secretary may under this chapter promulgate such rules.
Source: SL 1964, ch 5, § 10; SDCL § 39-14-22; SL 1970, ch 228, § 10 (1); SL 1986, ch 326, § 75; SL 2001, ch 222, § 2; SL 2018, ch 246, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-61. Publication required before adoption or change of rule or regulation--Automatic adoption of changes in national standards.
Before issuance, amendment, or repeal of any rule authorized by this chapter, the secretary of agriculture and natural resources shall publish the proposed rule, amendment, or notice to repeal an existing rule in accordance with § 1-26-4. The provisions of this section notwithstanding, if the secretary, pursuant to the authority of this chapter, adopts official definitions of feed ingredients or official feed terms as adopted by the Association of American Feed Control Officials, or regulations promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, any amendment or modification adopted by that association or by the secretary of health and human services in the case of regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act shall be adopted automatically under this chapter without regard to the publication of the notice required by this section, unless the secretary, by order, specifically determines that the amendment or modification may not be adopted.
Source: SL 1964, ch 5, § 10; SDCL, § 39-14-22; SL 1970, ch 228, § 10 (2); SL 1986, ch 326, § 76; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-62. Access of departmental personnel to premises and records.
For the purpose of the enforcement of this chapter, the secretary of agriculture and natural resources or his duly designated agent may enter upon any public or private premises, including any vehicle of transport, during regular business hours to have access to, to obtain samples of and to examine records relating to distribution of commercial feeds. Such procedures may be established by rules promulgated pursuant to the provisions of chapter 1-26.
Source: SL 1964, ch 5, § 9 (a); SDCL, § 39-14-25; SL 1970, ch 228, § 11 (5); SL 1986, ch 326, § 77; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-63. Entry of premises and inspections by departmental personnel--Restriction on scope of inspection.
For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the secretary of agriculture and natural resources, upon presenting appropriate credentials, and a written notice to the owner, operator, or agent in charge, are authorized
(1) To enter, during normal business hours, any factory, warehouse, or establishment within this state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and
(2) To inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein.
The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice regulations established under § 39-14-52.
Source: SL 1970, ch 228, § 11 (1); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-64. Notice of inspections--Notice of completion.
A separate notice shall be given for each inspection under § 39-14-63, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.
Source: SL 1970, ch 228, § 11 (2).
39-14-65. Warrant for inspection of premises.
If the owner of any factory, warehouse, or establishment described in § 39-14-63, or his agent, refuses to admit the secretary of agriculture and natural resources or his agent to inspect in accordance with §§ 39-14-63 and 39-14-64, the secretary is authorized to obtain from any state court of competent jurisdiction a warrant directing such owner or his agent to submit the premises described in such warrant to inspection.
Source: SL 1970, ch 228, § 11 (4); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-66. Receipt given for samples obtained.
If the officer or employee making inspection of a factory, warehouse, or other establishment under §§ 39-14-63 and 39-14-64, has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.
Source: SL 1970, ch 228, § 11 (3).
39-14-67. Sampling and analysis methods.
Sampling and analysis shall be conducted in accordance with methods published by the association of official analytical chemists, or in accordance with other generally recognized methods. Such methods may be established for use by rules promulgated pursuant to the provisions of chapter 1-26.
Source: SL 1964, ch 5, § 9 (b); SDCL, § 39-14-27; SL 1970, ch 228, § 11 (6); SL 1986, ch 326, § 78.
39-14-68. Deficiencies determined by official sample and analysis.
The secretary of agriculture and natural resources, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in subdivision 39-14-39(13) and obtained and analyzed as provided for in §§ 39-14-62, 39-14-66, and 39-14-67.
Source: SL 1964, ch 5, § 9 (c); SDCL, § 39-14-26; SL 1970, ch 228, § 11 (8); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-69. Results of analyses furnished by secretary--Portion of sample furnished on finding of adulteration or misbranding.
The results of all analyses of official samples shall be forwarded by the secretary of agriculture and natural resources to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within thirty days following receipt of the analysis the secretary shall furnish to the registrant a portion of the sample concerned.
Source: SL 1964, ch 5, § 9 (d); SDCL, § 39-14-28; SL 1970, ch 228, § 11 (7); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-70. Misuse of confidential information as misdemeanor--Exchange with other government agencies.
Any person who used to his own advantage, or reveals to other than the secretary of agriculture and natural resources, or officers of the secretary, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this chapter, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a Class 1 misdemeanor: Provided, that this prohibition shall not be deemed as prohibiting the secretary, or his duly authorized agent, from exchanging information of a regulatory nature with appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information.
Source: SL 1970, ch 228, § 13 (6); SL 1977, ch 190, § 392; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-71. Order withdrawing feed from distribution--Release on compliance--Condemnation proceedings.
When the secretary of agriculture and natural resources or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed rules under this chapter, he may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the secretary or the court. The secretary shall release the lot of commercial feed so withdrawn when the provisions and rules have been followed. If compliance is not obtained within thirty days, the secretary may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
Source: SL 1964, ch 5, § 11 (a); SDCL, § 39-14-32; SL 1970, ch 228, § 12 (1); SL 1986, ch 326, § 79; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-72. Seizure and disposal of feed in violation--Opportunity to process or relabel.
Any lot of commercial feed not in compliance with any of the provisions of this chapter or with any of the prescribed rules under this chapter shall be subject to seizure on complaint of the secretary of agriculture and natural resources to a court of competent jurisdiction in the area in which the commercial feed is located. If the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. However, in no instance may the disposition of commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.
Source: SL 1964, ch 5, § 11 (b); SDCL, § 39-14-33; SL 1970, ch 228, § 12 (2); SL 1986, ch 326, § 80; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-73. Judicial review of administrative actions--Form of proceeding.
Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this chapter may within forty-five days thereafter bring action in the circuit court, county of Hughes, for judicial review of such actions. The form of the proceeding shall be any which may be provided by statutes of this state to review decisions of administrative agencies, or in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.
Source: SL 1964, ch 5, § 12 (e); SDCL, § 39-14-23; SL 1970, ch 228, § 13 (5).
39-14-74. Injunction to restrain violations of chapter.
The secretary of agriculture and natural resources may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule promulgated under the chapter, notwithstanding the existence of other remedies at law. Such injunction shall be issued without bond.
Source: SL 1964, ch 5, § 12 (d); SDCL, § 39-14-34; SL 1970, ch 228, § 13 (4); SL 1986, ch 326, § 81; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-75. Violation as misdemeanor.
Any person who violates any of the provisions of this chapter which are not otherwise classified or who impedes, hinders or prevents the secretary of agriculture and natural resources or his duly authorized agent in performance of his duty in connection with the provisions of this chapter, commits a Class 2 misdemeanor.
Source: SL 1929, ch 238, § 12; SDC 1939, § 22.9917; SL 1964, ch 5, § 12 (a); SDCL, § 39-14-31; SL 1970, ch 228, § 13 (1); SL 1977, ch 190, § 393; SL 1983, ch 286; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-76. Warning in lieu of prosecution for minor violations.
Nothing in this chapter shall be construed as requiring the secretary of agriculture and natural resources or his representative to:
(1) Report for prosecution; or
(2) Institute seizure proceedings; or
(3) Issue a withdrawal from distribution order,
as a result of minor violations of the chapter, or when he believes the public interest will best be served by suitable notice of warning in writing.
Source: SL 1964, ch 5, § 12 (b); SDCL, § 39-14-35; SL 1970, ch 228, § 13 (2); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-77. Prosecution by state's attorney--Opportunity for hearing before report of violation.
It shall be the duty of each state's attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the secretary of agriculture and natural resources reports a violation for such prosecution, an opportunity shall be given the distributor to present his view to the secretary.
Source: SL 1964, ch 5, § 12 (c); SDCL, § 39-14-36; SL 1970, ch 228, § 13 (3); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-78. Publication of information on commercial feeds--Contents.
The secretary of agriculture and natural resources shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed in the registration and on the label: Provided, that the information concerning production and use of commercial feeds shall not disclose the operations of any person.
Source: SL 1929, ch 238, § 13; SDC 1939, § 22.1001; SL 1964, ch 5, § 13; SDCL, § 39-14-30; SL 1970, ch 228, § 15; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-14-79. Severability of provisions.
If any clause, sentence, paragraph, or part of this chapter shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Source: SL 1964, ch 5, § 14; SDCL, § 39-14-37; SL 1970, ch 228, § 16.
39-14-80. Title of chapter.
This chapter shall be known as the South Dakota Commercial Feed Law of 1970.
Source: SL 1970, ch 228, § 1.
39-14-81. Rules covering exemption from chapter.
The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 to exempt from the definition of "commercial feed" in § 39-14-39, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds, or substances if such commodities, compounds, or substances are not mixed with other materials and are not adulterated within the meaning of §§ 39-14-45 to 39-14-52, inclusive.
Source: SL 1993, ch 304, § 7; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
