South Dakota Codified Laws
Chapter 04 - Adulterated And Misbranded Foods
Section 39-4-18 - Manufacture of adulterated or misbranded food as misdemeanor.

39-4-18. Manufacture of adulterated or misbranded food as misdemeanor.
It is a Class 2 misdemeanor for any person to manufacture any article of food which is adulterated or misbranded within the meaning of this chapter.

Source: PenC 1877, §453; CL 1887, §6654; SL 1899, ch 89, §28; RPolC 1903, §2931; SL 1909, ch 163, §1; SL 1917, ch 242, §1; RC 1919, §7805; SDC 1939, §§22.0406, 22.9904; SL 1977, ch 190, §360.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 39 - Food and Drugs

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 39-4-3.1 - Confection or candy containing less than one-half of one percent alcohol by weight permitted.

Section 39-4-3.2 - Alcoholic beverage licensee permitted to sell confection or candy containing one-half of one percent alcohol by weight or more.

Section 39-4-3.3 - Off-sale delivery licensee permitted to deliver confection or candy containing one-half of one percent alcohol by weight or more.

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 39-4-12 - Franchised beverages exempt from quantity labeling requirement--Statement required of manufacturer or distributor.

Section 39-4-13 - False labeling as to ingredients as misbranding.

Section 39-4-14 - Additional labeling required for special dietary foods.

Section 39-4-15 - Exemption of articles marketed under distinctive name--Compounds, imitations, and blends.

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 39-4-20 - Reliance by dealer on guaranty by wholesaler or manufacturer--Contents of guaranty.

Section 39-4-21 - Seizure and condemnation of adulterated or misbranded food--Release on bond--Jury trial.

Section 39-4-22 - Donation of food--Immunity from civil and criminal liability.

Section 39-4-23 - Distribution of food without charge by charitable or nonprofit organization--Immunity.

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.