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.
Structure South Dakota Codified Laws
Chapter 01 - Enforcement Powers And General Provisions
Section 39-1-1.1 - Division of Legal and Regulatory Services functions.
Section 39-1-2 - Disposition of fees received.
Section 39-1-3 - Source of payment for expenses of enforcement.
Section 39-1-4 - Promulgation of rules--Enforcement.
Section 39-1-7 - Prohibited contracts void--Action on contract prohibited.
Section 39-1-8 - Violation of title as misdemeanor.
Section 39-1-9 - Responsibility of employer for act or omission of agent or employee.
Section 39-1-10 - Access to premises and vehicles--Inspections, samples, and analyses.
Section 39-1-11 - Assistance to be rendered--Refusal of assistance as violation.
Section 39-1-12 - Interference with official performance of duty as misdemeanor.
Section 39-1-13 - Inspections and reports required of police officers--Payment of expenses.
Section 39-1-14 - Contraband articles subject to condemnation.