39-4-2. Conditions constituting adulteration of food.
For the purposes of this title food shall be deemed to be adulterated:
(1)If any substance has been mixed and packed with it so as to reduce, lower, or injuriously affect its quality or strength;
(2)If any substance has been substituted wholly or in part for it;
(3)If any valuable constituent thereof has been wholly or in part abstracted;
(4)If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed;
(5)If it contain any poisonous or otherwise deleterious ingredient, added or natural, which may render it injurious to health: provided that when in the preparation of food products for shipment they are preserved by an external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise before eating, and directions for the removal of such preservative shall be plainly and conspicuously printed on the label of the package, the provisions of this chapter shall be construed as applying only when such products are ready for consumption;
(6)If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or of any portion of any animal unfit for food, whether manufactured or not; or if it is the product of a portion of a diseased animal or of an animal which has been fed upon the uncooked offal from a slaughterhouse or other substance unfit for animal food, or of one that has died otherwise than by slaughter; or
(7)If in the manufacture, sale, distribution, transportation, or in the offering or exposing for sale, distribution, or transportation, it is not at all times securely protected from all filth, flies, dust, contamination, or other unclean, unhealthful, or insanitary conditions.
Source: SL 1885, ch 64, §1; CL 1887, §2246; SL 1899, ch 89, §26; RPolC 1903, §2929; SL 1905, ch 114, §7; SL 1907, ch 151, §7; SL 1909, ch 163, §5; SL 1917, ch 242, §5; RC 1919, §7808; SDC 1939, §22.0402 (2).
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.