39-15-2. Substandard drug sold under recognized name deemed adulterated--Lower standards stated on container.
For the purposes of this chapter a drug shall be deemed adulterated if, when sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity as determined by the test laid down in such pharmacopoeia or formulary, at the time of investigation; provided that no drug defined in such pharmacopoeia or formulary shall be deemed to be adulterated if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof, although such standard may differ from that determined by the test laid down by such pharmacopoeia or formulary.
Source: SL 1907, ch 151, §35; SL 1909, ch 180, §3; RC 1919, §7852 (1); SL 1921, ch 238; SDC 1939, §22.1102 (1).
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.