39-4-8. Imitation or unauthorized use of distinctive name as misbranding.
For the purpose of this title a food product shall be deemed to be misbranded if it be an imitation of or offered for sale under the distinctive name of any other food product.
Source: SL 1905, ch 114, §8; SL 1907, ch 151, §8; SL 1909, ch 163, §6; SL 1911, ch 13; SL 1917, ch 242, §6; RC 1919, §7809 (1); SL 1923, ch 193; SDC 1939, §22.0403 (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.