39-4-20. Reliance by dealer on guaranty by wholesaler or manufacturer--Contents of guaranty.
Whenever any dealer shall have received a guaranty, signed by the wholesaler, jobber, manufacturer, or other person, residing within the United States, from whom he purchased the food product, to the effect that the same is not adulterated or misbranded as defined in this chapter, he shall not be liable to prosecution under this chapter, unless he shall have knowledge or notice of the falsity of such guaranty, but the person making such guaranty shall be subject to the fines and penalties which otherwise would attach to such dealer. Such guaranty must contain the name and post office address of the wholesaler, jobber, manufacturer, or person from whom the food product was purchased; provided that any product which is evidently unfit for consumption must not be sold or offered for sale though the dealer may possess the guaranty provided for in this section.
Source: SL 1909, ch 163, §7; SL 1913, ch 215, §5; SL 1917, ch 242, §7; RC 1919, §7810; SDC 1939, §22.0404.
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.