South Dakota Codified Laws
Chapter 04 - Adulterated And Misbranded Foods
Section 39-4-9 - Deception as to place of origin as misbranding--Reuse of original package.

39-4-9. Deception as to place of origin as misbranding--Reuse of original package.
For the purpose of this title a food product shall be deemed to be misbranded if it be so labeled or branded as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package.

Source: SL 1905, ch 114, §8; SL 1907, ch 151, §8; SL 1909, ch 163, §6; SL 1917, ch 242, §6; RC 1919, §7809 (2); SL 1923, ch 193; SDC 1939, §22.0403 (2).

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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.