South Dakota § 39-1-5 - Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded.
Full text of South Dakota South Dakota Codified Laws § 39-1-5 — Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded., with citation guidance and answers to common questions.
§ 39-1-5. Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded.
The secretary of agriculture and natural resources or the secretary of public safety, when performing the functions described in § 39-1-1.1, may, when in his judgment such action will promote honesty and fair dealing in the interest of consumers, adopt rules establishing for any food, under its common or usual name so far as practicable, a reasonable standard of identity and purity. If a standard for a food has been established by the administrator of the Federal Food, Drug, and Cosmetic Act of 1938, the secretary of agriculture and natural resources or the secretary of public safety shall adopt that standard for this state. The standards shall become effective in conformity with chapter 1-26. An article of food which does not conform to such standards is adulterated or misbranded as the case may be.
Source: SDC 1939, § 22.0102 as added by SL 1949, ch 81, § 1; SDC Supp 1960, § 22.0102 (1); SL 1987, ch 29, § 68; SL 2004, ch 17, § 281; SL 2015, ch 277 (Ex. Ord. 15-1), § 41, eff. Apr. 20, 2015; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 51, eff. Apr. 19, 2021.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 39-1-5
What does South Dakota Codified Laws § 39-1-5 cover?
Section 39-1-5 ("Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 39-1-5?
A common citation format is "South Dakota Codified Laws § 39-1-5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 39-1-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.