39-4-15. Exemption of articles marketed under distinctive name--Compounds, imitations, and blends.
An article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:
(1)In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with the statement of the place where said article has been manufactured or produced;
(2)In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word "compound," "imitation," or "blend," as the case may be, together with a statement of the character and constituents thereof, is plainly stated on the package in which it is offered for sale; provided that the term "blend," as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only.
Source: SL 1905, ch 114, §9; SL 1907, ch 151, §9; SL 1909, ch 163, §6; SL 1917, ch 242, §6; RC 1919, §7809 (5), (6); SL 1923, ch 193; SDC 1939, §22.0403 (4).
Structure South Dakota Codified Laws
Chapter 04 - Adulterated And Misbranded Foods
Section 39-4-1 - Food defined.
Section 39-4-2 - Conditions constituting adulteration of food .
Section 39-4-3 - Ingredients constituting adulteration of confectionery.
Section 39-4-4 - Unlawful food additives--Prohibited use as misdemeanor.
Section 39-4-5 - Labeling required for preservatives added--Violation as misdemeanor.
Section 39-4-7 - False or misleading information in package or label constituting misbranding.
Section 39-4-8 - Imitation or unauthorized use of distinctive name as misbranding.
Section 39-4-9 - Deception as to place of origin as misbranding--Reuse of original package.
Section 39-4-10 - Failure to list narcotics in label as misbranding.
Section 39-4-11 - Quantity and packer to be shown in label--Variation and tolerances.
Section 39-4-13 - False labeling as to ingredients as misbranding.
Section 39-4-14 - Additional labeling required for special dietary foods.
Section 39-4-16 - Disclosure of trade formulas not required.
Section 39-4-17 - Exemption of articles intended for export.
Section 39-4-18 - Manufacture of adulterated or misbranded food as misdemeanor.
Section 39-4-19 - Transportation of adulterated or misbranded foods as misdemeanor.
Section 39-4-22 - Donation of food--Immunity from civil and criminal liability.
Section 39-4-24 - Food not readily marketable--Immunity provisions applicable--Regulation.
Section 39-4-25 - Definitions.
Section 39-4-26 - Misbranding as meat food product, meat by-product, or poultry.