South Dakota Codified Laws
Chapter 14 - Commercial Feeds
Section 39-14-63 - Entry of premises and inspections by departmental personnel--Restriction on scope of inspection.

39-14-63. Entry of premises and inspections by departmental personnel--Restriction on scope of inspection.
For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the secretary of agriculture and natural resources, upon presenting appropriate credentials, and a written notice to the owner, operator, or agent in charge, are authorized
(1)To enter, during normal business hours, any factory, warehouse, or establishment within this state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and
(2)To inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein.
The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice regulations established under §39-14-52.

Source: SL 1970, ch 228, §11 (1); 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.