39-15-11. Reliance by dealer on guarantee by distributor--Liability to fines and penalties--Contents of guarantee.
Whenever any dealer shall have received a guaranty, signed by the wholesaler, jobber, manufacturer, or other person, residing within the United States, from whom he purchased the drug, to the effect that the same is not adulterated or misbranded as defined in this chapter, he shall not be liable to prosecution under this chapter unless he shall have knowledge or notice of the falsity of such guaranty, but the person making such guaranty shall be subject to the fines and other penalties which otherwise would attach to such dealer. Such guaranty must contain the name and post-office address of the wholesaler, jobber, manufacturer, or person from whom the drug was purchased.
Source: SL 1909, ch 180, §5; RC 1919, §7854; SDC 1939, §22.1104.
Structure South Dakota Codified Laws
Chapter 15 - Adulterated And Misbranded Drugs
Section 39-15-1 - Substances subject to chapter.
Section 39-15-3 - Strength or purity below professed standard deemed adulteration.
Section 39-15-4 - Unsanitary storage and dispensing conditions deemed adulteration.
Section 39-15-5 - False label as to purity, effect, or contents as misbranding.
Section 39-15-6 - False label as to place of origin as misbranding.
Section 39-15-7 - Imitation or sale under name of another article as misbranding.
Section 39-15-10 - Manufacture or sale of adulterated or misbranded drug as misdemeanor.