South Dakota § 39-8-1 - Definition of terms.

§ 39-8-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Distributor," any person not a frozen dessert manufacturer that purchases such products in final package form from a frozen dessert manufacturer for resale;

(2)    "Frozen dessert manufacturer," any person who manufactures, or processes, any mix as frozen desserts for distribution or sale;

(3)    "Frozen dessert plant," any place or premises where frozen desserts or mix are manufactured, or processed, for distribution or sale;

(4)    "Frozen desserts," any clean frozen or partially frozen combination of two or more of the following: milk or milk products, eggs or egg products, sugars, water, fruit, or fruit juices, candy, nut meats, or other harmless and wholesome food products, flavors, color, harmless stabilizer, and shall be deemed to include, ice cream, ice milk, frozen custard, milk sherbet, ices, and other similar products;

(5)    "Milk and milk products," used in mix or frozen desserts shall be from cow's milk and include milk, cream, frozen cream, plastic cream, fluid skim milk, butter, sweetened and unsweetened condensed skim milk, powdered whole milk, powdered skim milk, sweet cream buttermilk, sweet cream condensed buttermilk, and sweet cream powdered buttermilk, or any of these products from which lactose has been wholly or partially removed;

(6)    "Mix," the unfrozen combination of all ingredients of a frozen dessert with or without fruits, fruit juices, candy, nut meats, flavor, or harmless color;

(7)    "Pasteurization," "pasteurized," and similar terms shall be taken to refer to the process of heating every particle of mix to one hundred fifty-five degrees Fahrenheit and holding at such temperature for thirty minutes, or to one hundred seventy-five degrees Fahrenheit and holding at such temperature continuously for twenty-five seconds in approved and properly operated equipment. Nothing in this definition disbars any other process which has been demonstrated to be equally efficient and is approved by the secretary of agriculture and natural resources;

(8)    "Person," includes individual, partnership, limited liability company, corporation, and association.

Source: SL 1909, ch 296, § 2; RC 1919, § 7905; SL 1925, ch 136; SL 1931, ch 133, § 1; SL 1933, ch 161, § 1; SL 1937, ch 198, § 2; SDC 1939, § 22.0603; SL 1941, ch 94; SL 1947, ch 95, § 1; SL 1951, ch 104, § 1; SL 1965, ch 104, § 3 (a) to (h); SL 1994, ch 351, § 94; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.