39-14-76. Warning in lieu of prosecution for minor violations.
Nothing in this chapter shall be construed as requiring the secretary of agriculture and natural resources or his representative to:
(1)Report for prosecution; or
(2)Institute seizure proceedings; or
(3)Issue a withdrawal from distribution order,
as a result of minor violations of the chapter, or when he believes the public interest will best be served by suitable notice of warning in writing.
Source: SL 1964, ch 5, §12 (b); SDCL, §39-14-35; SL 1970, ch 228, §13 (2); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 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.