South Dakota Codified Laws
Chapter 18 - Animal Remedies
Section 39-18-38 - Investigations pertinent to enforcement.

39-18-38. Investigations pertinent to enforcement.
The secretary of agriculture and natural resources shall make all necessary investigations pertinent to the enforcement of this chapter.

Source: SL 1929, ch 238, §13; SDC 1939, §22.1001; SL 1964, ch 6, §1; SL 1966, ch 8, §8 (a); SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 39 - Food and Drugs

Chapter 18 - Animal Remedies

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 39-18-10 - Refusal to register product of no value--Suspension or revocation for flagrant violation.

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 39-18-17 - Alteration or destruction of label prohibited--Other acts resulting in misbranding.

Section 39-18-18 - Remedy deemed misbranded if not properly labeled.

Section 39-18-19 - Remedy deemed misbranded if label misleading.

Section 39-18-20 - Remedy deemed misbranded if required information on label not conspicuous and clear.

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 39-18-32 - False or misleading advertising prohibited--Restrictions on liability of advertising media.

Section 39-18-33 - Sale of unrefrigerated biological products prohibited.

Section 39-18-34 - Exemption of veterinarians.

Section 39-18-34.1 - Relationship between veterinarian and client or patient as condition of dispensing certain drugs--What constitutes a valid relationship.

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 39-18-40 - Procurement and analysis of samples--Official analysis as sole guide for administrative determinations.

Section 39-18-41 - Refusal of inspection or sample prohibited.

Section 39-18-42 - Analysis result showing adulteration or misbranding forwarded to distributor and purchaser--Portion of sample furnished.

Section 39-18-43 - Unauthorized disclosure of information prohibited.

Section 39-18-44 - Withholding from sale of remedies not in compliance.

Section 39-18-45 - Tagging of adulterated or misbranded remedies--Disposal or removal from premises prohibited.

Section 39-18-46 - Petition for condemnation of adulterated or misbranded article--Removal of tag if found not adulterated or misbranded.

Section 39-18-47 - Destruction of article found adulterated or misbranded--Costs and expenses.

Section 39-18-48 - Bond to permit processing or relabeling of detained remedy--Expense of supervision--Return of bond on compliance.

Section 39-18-49 - Report of violations to prosecuting authorities.

Section 39-18-50 - Report for prosecution required for minor violations--Warning notice.

Section 39-18-51 - Prosecution of violations reported--Opportunity to present views before report for prosecution.

Section 39-18-52 - Severability of provisions.

Section 39-18-53 - Citation of chapter.