39-14-77. Prosecution by state's attorney--Opportunity for hearing before report of violation.
It shall be the duty of each state's attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the secretary of agriculture and natural resources reports a violation for such prosecution, an opportunity shall be given the distributor to present his view to the secretary.
Source: SL 1964, ch 5, §12 (c); SDCL, §39-14-36; SL 1970, ch 228, §13 (3); 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.