South Dakota § 39-18-1 - Definition of terms.

§ 39-18-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Advertisement," all representations, other than those on the label, disseminated in any manner or by any means, relating to animal remedies as defined in this chapter;

(2)    "Animal," any animate being, which is not human, endowed with the power of voluntary action;

(3)    "Animal remedies," all drugs, combination of drugs, proprietary medicines, biological products, and combinations of drugs and other ingredients, other than for food or cosmetic purposes, which are prepared or compounded for animal use; except those exempted by the secretary of agriculture and natural resources;

(4)    "Brand name," any word, name, symbol, or device, or any combination thereof, identifying the animal remedy of a distributor and distinguishing it from that of others;

(5)    "Distribute," to offer for sale, sell, or barter;

(6)    "Dosage form," any animal remedy prepared in tablets, pills, capsules, ampules, or other units suitable for administration as an animal remedy;

(7)    "Drug,":

(a)    Articles recognized in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them;

(b)    Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals;

(c)    Preparations for external or internal use in the mitigation of parasites in or on animals;

(d)    Articles (other than food) intended to affect the structure or any function of the body of animals;

(e)    Articles intended for use as a component of any articles specified in subsection (a), (b), (c), or (d) of this subdivision;

but does not include devices or their components, parts, or accessories;

(8)    "Label," a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appearing on the label may not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper;

(9)    "Labeling," all labels and other written, printed, graphic matter:

(a)    Upon any article or any of its containers or wrappers;

(b)    Accompanying such article;

(10)    "Person," any individual, firm, partnership, limited liability company, corporation, association, or organized group of persons whether incorporated or not;

(11)    "Product name," the name of the animal remedy which identifies it as to kind, class, or specific use.

Source: SL 1913, ch 332; RC 1919, § 7892; SL 1929, ch 238, § 1; SDC 1939, § 22.1002; SL 1964, ch 6, § 2; SL 1966, ch 8, § 3; SL 1994, ch 351, § 95; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.