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39-7-4      Repealed.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39-7-5      Repealed.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.

39-7-1. Purpose of chapter.

The purpose of this chapter is to protect the public from confusion, fraud, and deception; to prohibit practices inimical to the general welfare; and to promote the orderly and fair marketing of essential foods.

Source: SL 1951, ch 114, § 2; SDC Supp 1960, § 22.05A02; SL 1987, ch 292, § 1.

39-7-2. Definition of terms.

Terms used in this chapter mean:

(1)    "Artificial dairy products," any food which by its composition, intended use, sensory qualities, physical properties, package or label description purports to resemble or imitate any dairy product listed in subdivision (1) of this section;

(2)    "Dairy product," includes but is not limited to, milk, cream, sour cream, butter cream, butter, skimmed milk, ice cream, frozen dessert, whipped cream, flavored milk or skim milk drink, dried or powdered milk, cheese, cream cheese, cottage cheese, creamed cottage cheese, ice cream mix, frozen dessert mix, sherbet, condensed milk, evaporated milk, concentrated milk, and forms of dairy products for which no standard of identity exists which are manufactured principally from milk or milk-derived ingredients, provided milk-derived ingredients are not used at levels in excess of those permitted in similar standardized dairy products;

(3)    "Milk," any milk, skim milk, cream, lowfat milk, nonfat dry milk, and any fluid derivative of the listed items;

(4)    "Milk-derived ingredients," any buttermilk, whey, products derived from whey, casein, lactose, lacto albumen, and any fluid derivative of the listed items.

Source: SL 1951, ch 114, § 3; SDC Supp 1960, § 22.05A03; SL 1987, ch 292, § 2.

39-7-3. Compounds and products not subject to chapter.

Notwithstanding § 39-7-2, the term "artificial dairy product" may not be construed to mean or include:

(1)    Any distinctive proprietary food compound not readily mistaken for a dairy product, where such compound is customarily used on the order of a physician and is prepared and designed for medicinal or special dietary use only and is prominently so labeled;

(2)    Any dairy product flavored with chocolate or cocoa, or the vitamin content of which has been increased, or both, where the fats or oils other than milk fat contained in such product do not exceed the amount of cacao fat naturally present in the chocolate or cocoa used and the food oil, not in excess of .01 per centum of the weight of the finished product, used as a carrier of such vitamins.

Source: SL 1951, ch 114, § 3; SDC Supp 1960, § 22.05A03; SL 1987, ch 292, § 3.