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39-13-12      Repealed.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39-13-13.1      Superseded.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39-13-17      Repealed.

39-13-1. Definition of terms.

The following definitions of terms, application to, or exclusion from the provisions of this chapter shall apply throughout the chapter:

(1)    "Alcoholic beverage" shall be construed to mean and include all beverages containing more than one-half of one percent of alcohol by volume;

(2)    "Nonalcoholic beverage" shall be construed to mean and include those beverages which contain less than one-half of one percent of alcohol by volume; all still and carbonated drinks, soda waters, ginger ales, root beers, apple cider, fruit juices, and all beverages compounded therefrom, imitations and compounds of any of them, and all bottled waters whether for medicinal or table use, shall be included in the term "nonalcoholic beverages";

(3)    The term "beverage concentrates and flavors" shall include all concentrated fruit juices, fruit flavored and other syrups, and concentrated extracts, essences, and preparations which are intended as a basis for the preparation of a beverage through the addition of water or milk with or without the addition of other auxiliary substances including sugar;

(4)    The word "person" shall be construed to mean and include persons, firms, and corporations.

Source: SL 1937, ch 201, §§ 1, 3; SDC 1939, § 22.0902 (1) to (3), (7); SL 1945, ch 84, § 1.

39-13-2. Products exempt from chapter.

The following are exempt from the provisions of this chapter:

(1)    Flavoring extracts for general culinary use;

(2)    Milk and products thereof;

(3)    Fruit juices and water retailed exclusively by the producer or manufacturer direct to the consumer.

Source: SL 1937, ch 201, § 3; SDC 1939, § 22.0902 (4) to (6); SL 1945, ch 84, § 1.

39-13-3. Registration required for sale of alcoholic beverage--Application for registration.

Before any alcoholic beverage can be sold, exposed for sale, or held with intent to sell within this state, the manufacturer, importer, or jobber shall make application to the secretary of revenue for registration of the product and shall accompany the application with the correct registration fee as prescribed in § 39-13-4 and with duplicate labels used for each product for which registration is sought. Application shall be made on forms prescribed and supplied by the secretary of revenue.

Source: SL 1937, ch 201, § 4; SDC 1939, § 22.0905; SL 1945, ch 84, § 2; SL 1951, ch 105; SL 1977, ch 313, § 1.

39-13-4. Fees for registration of products--Disposition of fees.

There shall be paid to the secretary of revenue a registration fee according to the following schedule:

(1)    On malt and cereal beverages of all descriptions, twenty-five dollars;

(2)    On wines, for one brand, twenty-five dollars and for each additional brand registered by the same person seventeen dollars and fifty cents;

(3)    On all other alcoholic beverages, fifty dollars

The secretary of revenue shall properly record all fees received pursuant to this chapter and shall forward the fees monthly to the state treasurer. The state treasurer shall deposit the fees in the general fund.

Source: SL 1937, ch 201, §§ 4, 5; SDC 1939, § 22.0905; SL 1945, ch 84, § 2; SL 1951, ch 105; SL 1977, ch 313, § 5; SL 2009, ch 48, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.

39-13-5. Time for annual registration--Expiration.

The application for registration required by § 39-13-3 shall be made and the registration fee shall be paid annually during the month of December of every year or prior to placing such alcoholic beverage on the market, and each registration shall expire December thirty-first next following its issuance.

Source: SL 1937, ch 201, § 4; SDC 1939, § 22.0905; SL 1945, ch 84, § 2; SL 1951, ch 105; SL 1977, ch 313, § 2.

39-13-6. Retailers and dispensers not required to register previously registered product.

If the manufacturer or jobber secures a certificate of registration for a product, subsequent sellers, including retailers and dispensers, need not again secure a certificate for the same product, and no dispenser shall be required to register a product prepared for his own use from a product already registered under this chapter.

Source: SL 1937, ch 201, § 4; SDC 1939, § 22.0905; SL 1945, ch 84, § 2; SL 1951, ch 105.

39-13-7. Contraband liquor to be registered before sale.

Any contraband alcoholic liquor which has been seized and turned over to the secretary of revenue for sale in accordance with law shall be registered as provided in this chapter before being sold, unless the same be of brands already registered, and registration fee shall be waived on all such goods.

Source: SDC 1939, § 22.0905 as added by SL 1945, ch 84, § 2; SL 1951, ch 105.

39-13-8. Labeling and quality standards applicable.

The requirements for labeling and standards of purity and quality of all beverages and beverage concentrates and flavors included in this chapter shall be the same as those required under the food and drug statutes of this state.

Source: SL 1937, ch 201, § 2; SDC 1939, § 22.0904.

39-13-9. Cleansing and sterilizing of containers.

All bottles and other small containers in which the beverages defined in § 39-13-1 are put up by manufacturers or bottlers shall be cleansed and sterilized before being filled.

Source: SL 1937, ch 201, § 2; SDC 1939, § 22.0904.

39-13-10. Manufacture, sale, or possession of adulterated, misbranded, or improperly labeled nonalcoholic beverage or concentrate as petty offense.

It is a petty offense for any person to manufacture, sell, offer, or expose for sale or to have in possession with intent to sell any nonalcoholic beverage or beverage concentrate that contains any ingredient injurious to health or that is adulterated, misbranded, insufficiently, or improperly labeled within the meaning of the food and drug statutes.

Source: SL 1905, ch 121, § 1; SL 1937, ch 201, § 1; SDC 1939, § 22.0903; SL 1977, ch 190, § 387; SL 1977, ch 313, § 3.

39-13-11. Manufacture, sale, or possession of adulterated or misbranded alcoholic beverage as petty offense--Compliance with federal labeling requirements.

It is a petty offense for any person to manufacture, sell, offer, or expose for sale or to have in possession with intent to sell any alcoholic beverage that is adulterated or misbranded or not registered within the meaning of this chapter. For the purposes of this chapter, an alcoholic beverage is adulterated if it contains any ingredient prohibited by the food and drug statutes of this state or if it does not conform to standards otherwise established by state law for such product, and is misbranded when not plainly marked, labeled, or otherwise designated as prescribed by rule promulgated by the secretary of revenue pursuant to chapter 1-26 and by state law regulating the labeling of foods. However, compliance with the uniform labeling regulations established by the federal secretary of the treasury is in compliance with the labeling requirements of this chapter.

Source: SL 1905, ch 121, § 1; SL 1937, ch 201, § 1; SDC 1939, § 22.0903; SL 1977, ch 190, § 388; SL 1977, ch 313, § 4; SL 1987, ch 82, § 56.