39-14-39. Definition of terms.
Terms used in this chapter mean:
(1)"Brand name," any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others;
(2)"Commercial feed," any material except unmixed seed, whole or processed, if not adulterated within the meaning of §§39-14-46 to 39-14-52, inclusive, which is distributed for use as feed or for mixing in feed;
(3)"Contract feeder," a person who as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished, or otherwise provided to the person and whereby the person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product;
(4)"Customer formula feed," commercial feed which consists of a mixture of commercial feeds and feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser;
(5)"Distribute," to offer for sale, sell, exchange, or barter, commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder;
(6)"Distributor," any person who distributes;
(7)"Drug," any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man, and articles other than feed intended to affect the structure or any function of the animal body;
(8)"Feed ingredient," each of the constituent materials making up a commercial feed;
(9)"Label," a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;
(10)"Labeling," all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrappers or accompanying a commercial feed;
(11)"Manufacture," to grind, mix, or blend, or further process a commercial feed for distribution;
(12)"Mineral feed," a commercial feed intended to supply primarily mineral elements or inorganic nutrients;
(13)"Official sample," a sample of commercial feed taken by the secretary of agriculture and natural resources or his agent in accordance with the provisions of §39-14-62, 39-14-66, or 39-14-67;
(14)"Percent" or "percentages," percentages by weights;
(15)"Pet," any domesticated animal normally maintained in or near the household of the owner of the animal;
(16)"Pet food," any commercial feed prepared and distributed for consumption by dogs and cats;
(17)"Product name," the name of the commercial feed which identifies it as to kind, class, or specific use;
(18)"Specialty pet," any domesticated animal pet normally maintained in a cage or tank, such as gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles;
(19)"Specialty pet food," a commercial feed prepared and distributed for consumption by specialty pets; and
(20)"Ton," a net weight of two thousand pounds avoirdupois.
Source: SL 1911, ch 238, §§1, 2; SL 1913, ch 332; RC 1919, §7892; SL 1929, ch 238, §1; SDC 1939, §22.1002; SL 1964, ch 5, §3; SDCL, §39-14-1; SL 1970, ch 228, §3; SL 1993, ch 304, §6; SL 2021, ch 1 (Ex.Ord. 21-3), §51, eff. April 19, 2021.
Structure South Dakota Codified Laws
Section 39-14-39 - Definition of terms.
Section 39-14-40.1 - Commercial feed license--Requirements--Fees--Application and renewal.
Section 39-14-41.1 - Copies of labels and labeling.
Section 39-14-43 - Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food.
Section 39-14-45 - Deposits in feed and remedy fund--Expenditures.
Section 39-14-46 - Adulteration by poisonous or deleterious substances.
Section 39-14-47 - Adulteration by unsafe additives.
Section 39-14-47.1 - Adulteration by unsafe color additive or new animal drug.
Section 39-14-48 - Adulteration by unsafe food additives.
Section 39-14-49 - Adulteration by pesticide chemicals.
Section 39-14-50 - Adulteration by omission or abstraction of valuable constituents.
Section 39-14-51 - Adulteration by failure to meet label representations.
Section 39-14-52 - Adulteration by drug not conforming to good manufacturing practice.
Section 39-14-53 - Adulteration by weed seed.
Section 39-14-54 - Labeling requirements for commercial feed.
Section 39-14-55 - Labeling requirements for customer-formula feed.
Section 39-14-56 - Conditions constituting misbranding.
Section 39-14-57 - Prohibited acts.
Section 39-14-58 - Administration of chapter by secretary of agriculture and natural resources.
Section 39-14-59 - Cooperation by secretary with other agencies.
Section 39-14-60 - Promulgation of rules for commercial feeds and pet foods.
Section 39-14-62 - Access of departmental personnel to premises and records.
Section 39-14-64 - Notice of inspections--Notice of completion.
Section 39-14-65 - Warrant for inspection of premises.
Section 39-14-66 - Receipt given for samples obtained.
Section 39-14-67 - Sampling and analysis methods.
Section 39-14-68 - Deficiencies determined by official sample and analysis.
Section 39-14-72 - Seizure and disposal of feed in violation--Opportunity to process or relabel.
Section 39-14-73 - Judicial review of administrative actions--Form of proceeding.
Section 39-14-74 - Injunction to restrain violations of chapter.
Section 39-14-75 - Violation as misdemeanor.
Section 39-14-76 - Warning in lieu of prosecution for minor violations.
Section 39-14-78 - Publication of information on commercial feeds--Contents.
Section 39-14-79 - Severability of provisions.