39-8-12Conditions constituting misbranding of dessert or mix.

A frozen dessert or mix shall be deemed misbranded for purposes of this chapter:

(1)    If its labeling is false or misleading in any manner;

(2)    If it is offered for sale under the name of another food;

(3)    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;

(4)    If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, caloric, and other dietary properties as the secretary of agriculture and natural resources determines to be necessary in order to fully inform purchasers as to its value for such uses;

(5)    If it does not conform with the definitions, standards, or other requirements as set forth in this chapter or rules promulgated pursuant to chapter 1-26 for frozen desserts.

Source: SL 1937, ch 198, § 10; SDC 1939, § 22.0611; SL 1947, ch 95, § 3; SL 1965, ch 104, § 3 (j); SL 1986, ch 326, § 66; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.