South Dakota Codified Laws
Chapter 14 - Commercial Feeds
Section 39-14-43 - Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food.

39-14-43. Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food.
An inspection fee established in rules promulgated by the secretary of agriculture and natural resources pursuant to chapter 1-26, but not to exceed twenty-four cents per ton, shall be paid on commercial feeds distributed in this state by the person who distributes the commercial feed to the consumer subject to the following:
(1)No fee need be paid on a commercial feed if the payment has been made by a previous distributor;
(2)No fee need be paid on customer-formula feeds;
(3)No fee need be paid on commercial feeds used as ingredients for the manufacture of commercial feeds provided the fee has been paid by a previous distributor. If the fee has been paid, credit is given for the payment;
(4)In the case of a pet food which is distributed in the state only in packages of ten pounds or less, an annual fee of ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above;
(5)In the case of a specialty pet food which is distributed in the state only in packages of ten pounds or less, an annual fee of ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above; and
(6)The minimum inspection fee shall be twenty dollars per twelve-month period.

Source: SDC 1939, §22.1004; SL 1941, ch 96; SL 1943, ch 87, §1; SL 1947, ch 97, §1; SL 1964, ch 5, §6 (a); SL 1966, ch 7; SDCL §39-14-18; SL 1970, ch 228, §9 (1); SL 1977, ch 314; SL 1981, ch 286, §9; SL 1993, ch 304, §13; SL 2001, ch 215, §32; SL 2017, ch 43, §9; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 39 - Food and Drugs

Chapter 14 - Commercial Feeds

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 39-14-42 - Refusal or cancellation of commercial feed license--Hearings and opportunity to amend.

Section 39-14-43 - Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food.

Section 39-14-43.1 - Deposits in animal disease research and diagnostic laboratory bond redemption and operations fund.

Section 39-14-44 - Tonnage reports and payment of inspection fees--Records required--Refusal or cancellation of commercial feed licenses for noncompliance.

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 39-14-61 - Publication required before adoption or change of rule or regulation--Automatic adoption of changes in national standards.

Section 39-14-62 - Access of departmental personnel to premises and records.

Section 39-14-63 - Entry of premises and inspections by departmental personnel--Restriction on scope of inspection.

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 39-14-69 - Results of analyses furnished by secretary--Portion of sample furnished on finding of adulteration or misbranding.

Section 39-14-70 - Misuse of confidential information as misdemeanor--Exchange with other government agencies.

Section 39-14-71 - Order withdrawing feed from distribution--Release on compliance--Condemnation proceedings.

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 39-14-77 - Prosecution by state's attorney--Opportunity for hearing before report of violation.

Section 39-14-78 - Publication of information on commercial feeds--Contents.

Section 39-14-79 - Severability of provisions.

Section 39-14-80 - Title of chapter.

Section 39-14-81 - Rules covering exemption from chapter.