39-18-32. False or misleading advertising prohibited--Restrictions on liability of advertising media.
No person shall disseminate any advertisement which is false or misleading in any respect, but no person or medium for the dissemination of any advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, is subject to the penalties for violations of this chapter, by reason of the dissemination by him of such false advertisement, unless he refused, on the request of the secretary of agriculture and natural resources to furnish the name and address of the manufacturer, packer, distributor, seller, or advertising agency which caused him to disseminate such advertisement.
Source: SL 1966, ch 8, §10 (d); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Section 39-18-1 - Definition of terms.
Section 39-18-2 - Administration of chapter.
Section 39-18-3 - Registration required for distribution of remedy.
Section 39-18-4 - Experimental remedies exempt from registration--Labeling.
Section 39-18-5 - Application for registration--Contents.
Section 39-18-6 - Label to accompany application--Specimen required--Statement of claims.
Section 39-18-7 - Classification by secretary as commercial feed or animal remedy.
Section 39-18-8 - Copy of registration forwarded to applicant_Annual expiration date.
Section 39-18-9 - Disposition of funds collected.
Section 39-18-11 - No additional fee required if paid by manufacturer or distributor.
Section 39-18-12 - Sale or offer of unregistered remedy prohibited.
Section 39-18-13 - Sale by retailer without reregistration.
Section 39-18-14 - Professional supervision required for preparation and packaging of remedies.
Section 39-18-15 - Label required on animal remedy--Contents.
Section 39-18-16 - Forgery or counterfeiting of label prohibited.
Section 39-18-18 - Remedy deemed misbranded if not properly labeled.
Section 39-18-19 - Remedy deemed misbranded if label misleading.
Section 39-18-21 - Remedy deemed misbranded if container deceptive as to quantity.
Section 39-18-22 - Remedy deemed misbranded if distributed under name of another.
Section 39-18-23 - Remedy deemed misbranded if recommended dosage is dangerous.
Section 39-18-24 - Distribution under federal license as compliance with branding requirements.
Section 39-18-25 - Putrid and decomposed substances constituting adulteration.
Section 39-18-26 - Poisonous and deleterious substances constituting adulteration.
Section 39-18-27 - Injurious substance in container constituting adulteration.
Section 39-18-28 - Preparation or packing under unsanitary conditions as adulteration.
Section 39-18-29 - Substandard strength or quality as adulteration--Tolerance allowed.
Section 39-18-30 - Manufacture or sale of adulterated or misbranded remedy prohibited.
Section 39-18-31 - False guaranty prohibited--Reliance on guaranty by another.
Section 39-18-33 - Sale of unrefrigerated biological products prohibited.
Section 39-18-34 - Exemption of veterinarians.
Section 39-18-35 - Enforcement of chapter--Rules and regulations--Notice and hearing on regulations.
Section 39-18-36 - Publication of production data and analysis results--Operations not disclosed.
Section 39-18-37 - Violation of chapter or rules and regulations as misdemeanor.
Section 39-18-38 - Investigations pertinent to enforcement.
Section 39-18-39 - Access of departmental personnel to premises.
Section 39-18-41 - Refusal of inspection or sample prohibited.
Section 39-18-43 - Unauthorized disclosure of information prohibited.
Section 39-18-44 - Withholding from sale of remedies not in compliance.
Section 39-18-47 - Destruction of article found adulterated or misbranded--Costs and expenses.
Section 39-18-49 - Report of violations to prosecuting authorities.
Section 39-18-50 - Report for prosecution required for minor violations--Warning notice.