39-4-26. Misbranding as meat food product, meat by-product, or poultry.
A food product shall be deemed to be misbranded if the product is labeled or branded in a false, deceptive, or misleading manner that intentionally misrepresents the product as a meat food product as defined in §39-5-6, a meat by-product as defined in §39-5-6, or as poultry.
For the purposes of this title, the term, poultry, includes anything containing meat intended for or capable of use for human consumption, that is derived, in whole or in part, from any domesticated bird intended for human consumption.
For the purposes of this section, an intentional violation occurs when the party committing the violation knew or should have known that the conduct was a violation of this section.
Source: SL 2019, ch 181, §1.
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.