39-15-8. Reuse of container as misbranding--Alcohol and narcotics to be stated in label--Prescription drugs and standard name sales exempt.
For the purposes of this chapter a drug shall be deemed to be misbranded if the contents of the package as originally packed shall have been removed in whole or in part and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide or any derivative or preparation of any such substance contained therein. Nothing in this section shall be construed to apply to the dispensing of prescriptions written by regularly licensed practicing physicians, veterinary surgeons, or dentists, and kept on file by the dispensing pharmacist, nor to such drugs as are recognized in the United States Pharmacopoeia and the National Formulary, and which are sold under the name by which they are so recognized.
Source: SL 1907, ch 151, §35; SL 1909, ch 180, §4; RC 1919, §7853; SDC 1939, §22.1103 (4).
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.