South Dakota Code — 39
Browse 277 sections in division 39 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 39-1-1. Administration of chapters by Department of Agriculture and Natural Resources--General enforcement powers.
- § 39-1-1.1. Division of Legal and Regulatory Services functions.
- § 39-1-2. Disposition of fees received.
- § 39-1-3. Source of payment for expenses of enforcement.
- § 39-1-4. Promulgation of rules--Enforcement.
- § 39-1-5. Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded.
- § 39-1-6. Distribution of bulletins containing standards, definitions, rules, and regulations--Payment of cost.
- § 39-1-7. Prohibited contracts void--Action on contract prohibited.
- § 39-1-8. Violation of title as misdemeanor.
- § 39-1-9. Responsibility of employer for act or omission of agent or employee.
- § 39-1-10. Access to premises and vehicles--Inspections, samples, and analyses.
- § 39-1-11. Assistance to be rendered--Refusal of assistance as violation.
- § 39-1-12. Interference with official performance of duty as misdemeanor.
- § 39-1-13. Inspections and reports required of police officers--Payment of expenses.
- § 39-1-14. Contraband articles subject to condemnation.
- § 39-1-15. Seizure or quarantine of contraband articles--Tagging and marking--Removal as petty offense.
- § 39-1-16. Petition to court for condemnation of seized or quarantined articles--Hearing and order.
- § 39-1-17. Preemption of local regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide.
- § 39-4-1. Food defined.
- § 39-4-2. Conditions constituting adulteration of food.
- § 39-4-3. Ingredients constituting adulteration of confectionery.
- § 39-4-3.1. Confection or candy containing less than one-half of one percent alcohol by weight permitted.
- § 39-4-3.2. Alcoholic beverage licensee permitted to sell confection or candy containing one-half of one percent alcohol by weight or more.
- § 39-4-3.3. Off-sale delivery licensee permitted to deliver confection or candy containing one-half of one percent alcohol by weight or more.
- § 39-4-4. Unlawful food additives--Prohibited use as misdemeanor.
- § 39-4-5. Labeling required for preservatives added--Violation as misdemeanor.
- § 39-4-7. False or misleading information in package or label constituting misbranding.
- § 39-4-8. Imitation or unauthorized use of distinctive name as misbranding.
- § 39-4-9. Deception as to place of origin as misbranding--Reuse of original package.
- § 39-4-10. Failure to list narcotics in label as misbranding.
- § 39-4-11. Quantity and packer to be shown in label--Variation and tolerances.
- § 39-4-12. Franchised beverages exempt from quantity labeling requirement--Statement required of manufacturer or distributor.
- § 39-4-13. False labeling as to ingredients as misbranding.
- § 39-4-14. Additional labeling required for special dietary foods.
- § 39-4-15. Exemption of articles marketed under distinctive name--Compounds, imitations, and blends.
- § 39-4-16. Disclosure of trade formulas not required.
- § 39-4-17. Exemption of articles intended for export.
- § 39-4-18. Manufacture of adulterated or misbranded food as misdemeanor.
- § 39-4-19. Transportation of adulterated or misbranded foods as misdemeanor.
- § 39-4-20. Reliance by dealer on guaranty by wholesaler or manufacturer--Contents of guaranty.
- § 39-4-21. Seizure and condemnation of adulterated or misbranded food--Release on bond--Jury trial.
- § 39-4-22. Donation of food--Immunity from civil and criminal liability.
- § 39-4-23. Distribution of food without charge by charitable or nonprofit organization--Immunity.
- § 39-4-24. Food not readily marketable--Immunity provisions applicable--Regulation.
- § 39-4-25. Definitions.
- § 39-4-26. Misbranding as meat food product, meat by-product, or poultry.
- § 39-5-5. Sign and labeling required for sale of imported meat--Misdemeanor.
- § 39-5-6. Definition of terms.
- § 39-5-7. Enforcement of chapter by secretary through inspectors and employees of Animal Industry Board.
- § 39-5-8. Rules and regulations of secretary--Reports required--Conformity of rules to Federal Wholesome Meat Act.
- § 39-5-9. Power of secretary to administer oaths and require attendance of witnesses--Self-incrimination privilege of witnesses.
- § 39-5-10. Cooperation by secretary with federal, state or local agencies--Acceptance of federal aid.
- § 39-5-11. Exemptions from inspection and preparation provisions.
- § 39-5-11.1. License required for meat processors.
- § 39-5-11.2. Continuing education for meat processor.
- § 39-5-12. Withdrawal or denial of exemption by secretary.
- § 39-5-13. Acts or transactions and carcasses, parts or meat food products regulated under Federal Wholesome Meat Act exempt.
- § 39-5-14. Adulterated carcass, part, or meat food product defined.
- § 39-5-15. Application for inspection services.
- § 39-5-16. Ante-mortem inspection of livestock.
- § 39-5-17. Post-mortem inspection of carcasses and parts--Inspection of meat food products.
- § 39-5-18. Inspections made by or under supervision of veterinary inspectors.
- § 39-5-19. Cost of inspection--Rates for overtime, night, and holiday work.
- § 39-5-20. Quarantine, segregation, and reinspection of livestock, carcasses and parts, and meat food products.
- § 39-5-21. Condemnation and destruction of adulterated carcasses, parts, and meat food products--Reprocessing authorized.
- § 39-5-22. Appeal from condemnation determination--Inspection and costs--Destruction of articles.
- § 39-5-23. Refusal or withdrawal of inspection--Grounds and procedure for action by secretary.
- § 39-5-23.1. Inhumane slaughtering--Refusal or suspension of inspection.
- § 39-5-23.2. Humane methods of slaughtering.
- § 39-5-24. Facilities and sanitary practices of establishments operated in accordance with regulations of secretary--Inspection of carcasses, parts, or meat food products required for admittance into establishment.
- § 39-5-25. Regulation of entry and handling of equine carcasses and products or other meat food products in official establishments.
- § 39-5-26. Misbranded carcass or meat food product defined--Cell-cultured protein.
- § 39-5-27. Labeling and marking of carcasses, parts, meat food products or containers required.
- § 39-5-28. Labeling and marking styles and sizes of type--Definitions and standards of identity or composition and standards of fill of container prescribed by secretary.
- § 39-5-29. False or misleading marking or labeling or misleading container prohibited.
- § 39-5-30. Determination and modification by secretary of false or misleading marking, labeling, or container--Hearing on determination.
- § 39-5-31. Meat processors and related industries subject to regulation by secretary.
- § 39-5-32. Meat and meat products not to be used for human consumption--Denaturing or identification as inedible required.
- § 39-5-33. Registration of meat brokers, renderers, animal food manufacturers, wholesalers or warehousemen.
- § 39-5-34. Regulation of dealing in diseased, dying, crippled or dead livestock.
- § 39-5-35. Disposal of carcasses, parts, or meat food products from noncomplying official establishments.
- § 39-5-36. Records required of all types of meat businesses.
- § 39-5-37. Detention of carcass, part, or meat food product, inedible product, or dying, crippled or diseased livestock--Grounds and procedure for action by secretary.
- § 39-5-38. Seizure and condemnation of articles or animals in violation--Procedure for disposal of articles or animals.
- § 39-5-39. Prohibited acts.
- § 39-5-39.1. Sale of diseased carcass for human consumption as felony.
- § 39-5-41. Principal or employer liable for acts or omissions of agent or employee.
- § 39-5-42. Notice of report of violation by secretary to state's attorney--Warning notice by secretary authorized.
- § 39-5-43. Circuit court jurisdiction.
- § 39-5-44. Notice of operation of inspection and regulatory provisions.
- § 39-5-45. Severability of chapter.
- § 39-5-55. Cell-cultured protein--State moneys prohibited--Exclusions.
- § 39-5-56. Direct-to-consumer sales permitted--Conditions.
- § 39-5-57. Product containing cell-cultured protein--Sale, manufacture, or distribution prohibited--Seizure and condemnation--Penalty.
- § 39-6-1. Definition of terms.
- § 39-6-2. Sale of packaged or dispenser milk below Grade A or raw milk without license and permit as misdemeanor.
- § 39-6-3. Sale of raw milk at place where milk produced permitted.
- § 39-6-3.1. License and permit required to sell raw milk for human consumption.
- § 39-6-9. Promulgation of rules.
- § 39-6-10. Permit for importation of Grade A products--Standards required--Suspension or revocation.
- § 39-6-11. Inspectors for Grade A premises and plants--Assistance to producers and processors.
- § 39-6-12. Field service provided by processor to assist producers and supervise processing.
- § 39-6-13. Processor field service permit--Determination of qualifications.
- § 39-6-14. Processor field service permit not transferable--Revocation--Notice and hearing.
- § 39-6-15. Grounds for suspension and revocation of permit--Opportunity for hearing before revocation.
- § 39-6-16. Hearing required before revocation of permit--Suspension pending hearing--Stop-sale order in lieu of suspension.
- § 39-6-20. Sale of substandard products prohibited.
- § 39-7-1. Purpose of chapter.
- § 39-7-2. Definition of terms.
- § 39-7-3. Compounds and products not subject to chapter.
- § 39-7-4.1. 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.
- § 39-7-6. Administration and enforcement of chapter.
- § 39-7-7. Injunction to prevent violations--Seizure of contraband products.
- § 39-7-8. Citation of chapter.
- § 39-8-1. Definition of terms.
- § 39-8-2. Administration of chapter.
- § 39-8-3. Construction standards for plants.
- § 39-8-4. Sanitation standards for plant operations.
- § 39-8-5. Labeling of containers of dessert mix.
- § 39-8-6. Units of sale and minimum weight of frozen desserts--Tolerances.
- § 39-8-7. Containers labeled as to quantity.
- § 39-8-8. Labeling of desserts sold in packages.
- § 39-8-9. Exemption from labeling requirements of containers filled in presence of purchaser.
- § 39-8-10. Standards of identity, quality, and fill of container.
- § 39-8-11. Conditions constituting adulteration of dessert or mix.
- § 39-8-12. Conditions constituting misbranding of dessert or mix.
- § 39-8-13. Manufacture, sale, or possession of adulterated or misbranded dessert or mix as misdemeanor.
- § 39-8-14. Violation of chapter or regulations as misdemeanor.
- § 39-8-15. Citation of chapter.
- § 39-11-1. Definition of terms.
- § 39-11-2. License required for egg dealing or processing--Exceptions.
- § 39-11-4. Issuance of license on compliance with requirements--Examination for candler's license.
- § 39-11-5. Annual fees for classes of licenses--License required to candle or grade.
- § 39-11-6. Expiration and renewal of licenses--Late renewal fee.
- § 39-11-7. Regulations governing grading, production, and distribution standards--Plant requirements--Enforcement.
- § 39-11-8. Federal standards as guide in establishing grade requirements.
- § 39-11-9. Candling required before payment of producers--Payment based on estimated value.
- § 39-11-10. Candling and grading records required of licensee--Open for examination.
- § 39-11-11. Eggs purchased for processing exempt from grading requirements.
- § 39-11-12. Conditions making eggs unfit for human food.
- § 39-11-13. Excessive dockage by dealer prohibited--Accurate grading required.
- § 39-11-14. Possession of unfit eggs prohibited--Denatured egg products for animal foods allowed.
- § 39-11-15. Violation of chapter as petty offense.
- § 39-11-16. Stop-sale order on products in violation--Effect.
- § 39-11-17. Violation as ground for revocation of license--Notice and opportunity for hearing.
- § 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.
- § 39-13-13. Administration and enforcement of chapter--Enforcement powers.
- § 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.
- § 39-14-39. Definition of terms.
- § 39-14-40.1. Commercial feed license--Requirements--Fees--Application and renewal.
- § 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.
- § 39-14-56. 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.
- § 39-15-1. 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.
- § 39-18-1. Definition of terms.
- § 39-18-2. Administration of chapter.
- § 39-18-3. Registration required for distribution of remedy.
- § 39-18-4. Experimental remedies exempt from registration--Labeling.
- § 39-18-5. Application for registration--Contents.
- § 39-18-6. Label to accompany application--Specimen required--Statement of claims.
- § 39-18-7. Classification by secretary as commercial feed or animal remedy.
- § 39-18-8. Copy of registration forwarded to applicant--Annual expiration date.
- § 39-18-9. Disposition of funds collected.
- § 39-18-10. Refusal to register product of no value--Suspension or revocation for flagrant violation.
- § 39-18-11. No additional fee required if paid by manufacturer or distributor.
- § 39-18-12. Sale or offer of unregistered remedy prohibited.
- § 39-18-13. Sale by retailer without reregistration.
- § 39-18-14. Professional supervision required for preparation and packaging of remedies.
- § 39-18-15. Label required on animal remedy--Contents.
- § 39-18-16. Forgery or counterfeiting of label prohibited.
- § 39-18-17. Alteration or destruction of label prohibited--Other acts resulting in misbranding.
- § 39-18-18. Remedy deemed misbranded if not properly labeled.
- § 39-18-19. Remedy deemed misbranded if label misleading.
- § 39-18-20. Remedy deemed misbranded if required information on label not conspicuous and clear.
- § 39-18-21. Remedy deemed misbranded if container deceptive as to quantity.
- § 39-18-22. Remedy deemed misbranded if distributed under name of another.
- § 39-18-23. Remedy deemed misbranded if recommended dosage is dangerous.
- § 39-18-24. Distribution under federal license as compliance with branding requirements.
- § 39-18-25. Putrid and decomposed substances constituting adulteration.
- § 39-18-26. Poisonous and deleterious substances constituting adulteration.
- § 39-18-27. Injurious substance in container constituting adulteration.
- § 39-18-28. Preparation or packing under unsanitary conditions as adulteration.
- § 39-18-29. Substandard strength or quality as adulteration--Tolerance allowed.
- § 39-18-30. Manufacture or sale of adulterated or misbranded remedy prohibited.
- § 39-18-31. False guaranty prohibited--Reliance on guaranty by another.
- § 39-18-32. False or misleading advertising prohibited--Restrictions on liability of advertising media.
- § 39-18-33. Sale of unrefrigerated biological products prohibited.
- § 39-18-34. Exemption of veterinarians.
- § 39-18-34.1. Relationship between veterinarian and client or patient as condition of dispensing certain drugs--What constitutes a valid relationship.
- § 39-18-35. Enforcement of chapter--Rules and regulations--Notice and hearing on regulations.
- § 39-18-36. Publication of production data and analysis results--Operations not disclosed.
- § 39-18-37. Violation of chapter or rules and regulations as misdemeanor.
- § 39-18-38. Investigations pertinent to enforcement.
- § 39-18-39. Access of departmental personnel to premises.
- § 39-18-40. Procurement and analysis of samples--Official analysis as sole guide for administrative determinations.
- § 39-18-41. Refusal of inspection or sample prohibited.
- § 39-18-42. Analysis result showing adulteration or misbranding forwarded to distributor and purchaser--Portion of sample furnished.
- § 39-18-43. Unauthorized disclosure of information prohibited.
- § 39-18-44. Withholding from sale of remedies not in compliance.
- § 39-18-45. Tagging of adulterated or misbranded remedies--Disposal or removal from premises prohibited.
- § 39-18-46. Petition for condemnation of adulterated or misbranded article--Removal of tag if found not adulterated or misbranded.
- § 39-18-47. Destruction of article found adulterated or misbranded--Costs and expenses.
- § 39-18-48. Bond to permit processing or relabeling of detained remedy--Expense of supervision--Return of bond on compliance.
- § 39-18-49. Report of violations to prosecuting authorities.
- § 39-18-50. Report for prosecution required for minor violations--Warning notice.
- § 39-18-51. Prosecution of violations reported--Opportunity to present views before report for prosecution.
- § 39-18-52. Severability of provisions.
- § 39-18-53. Citation of chapter.