South Dakota Codified Laws
Chapter 05 - Meat And Meat Products
Section 39-5-42 - Notice of report of violation by secretary to state's attorney--Warning notice by secretary authorized.

39-5-42. Notice of report of violation by secretary to state's attorney--Warning notice by secretary authorized.
Before any violation of this chapter is reported by the secretary of the Animal Industry Board to the state's attorney of any county of this state for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the secretary to report for criminal prosecution violations of this chapter, whenever he believes that the public interest will be adequately served and compliance with this chapter obtained by a suitable written notice of warning.

Source: SL 1968, ch 158, ยง16.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 39 - Food and Drugs

Chapter 05 - Meat And Meat Products

Section 39-5-5 - Sign and labeling required for sale of imported meat--Misdemeanor.

Section 39-5-6 - Definition of terms.

Section 39-5-7 - Enforcement of chapter by secretary through inspectors and employees of Animal Industry Board.

Section 39-5-8 - Rules and regulations of secretary--Reports required--Conformity of rules to Federal Wholesome Meat Act.

Section 39-5-9 - Power of secretary to administer oaths and require attendance of witnesses--Self-incrimination privilege of witnesses.

Section 39-5-10 - Cooperation by secretary with federal, state or local agencies--Acceptance of federal aid.

Section 39-5-11 - Exemptions from inspection and preparation provisions.

Section 39-5-11.1 - License required for meat processors.

Section 39-5-11.2 - Continuing education for meat processor.

Section 39-5-12 - Withdrawal or denial of exemption by secretary.

Section 39-5-13 - Acts or transactions and carcasses, parts or meat food products regulated under Federal Wholesome Meat Act exempt.

Section 39-5-14 - Adulterated carcass, part, or meat food product defined.

Section 39-5-15 - Application for inspection services.

Section 39-5-16 - Ante-mortem inspection of livestock.

Section 39-5-17 - Post-mortem inspection of carcasses and parts--Inspection of meat food products.

Section 39-5-18 - Inspections made by or under supervision of veterinary inspectors.

Section 39-5-19 - Cost of inspection--Rates for overtime, night, and holiday work.

Section 39-5-20 - Quarantine, segregation, and reinspection of livestock, carcasses and parts, and meat food products.

Section 39-5-21 - Condemnation and destruction of adulterated carcasses, parts, and meat food products--Reprocessing authorized.

Section 39-5-22 - Appeal from condemnation determination--Inspection and costs--Destruction of articles.

Section 39-5-23 - Refusal or withdrawal of inspection--Grounds and procedure for action by secretary.

Section 39-5-23.1 - Inhumane slaughtering--Refusal or suspension of inspection.

Section 39-5-23.2 - Humane methods of slaughtering.

Section 39-5-24 - Facilities and sanitary practices of establishments operated in accordance with regulations of secretary--Inspection of carcasses, parts, or meat food products required for admittance into establishment.

Section 39-5-25 - Regulation of entry and handling of equine carcasses and products or other meat food products in official establishments.

Section 39-5-26 - Misbranded carcass, part, or meat food product defined.

Section 39-5-27 - Labeling and marking of carcasses, parts, meat food products or containers required.

Section 39-5-28 - Labeling and marking styles and sizes of type--Definitions and standards of identity or composition and standards of fill of container prescribed by secretary.

Section 39-5-29 - False or misleading marking or labeling or misleading container prohibited.

Section 39-5-30 - Determination and modification by secretary of false or misleading marking, labeling, or container--Hearing on determination.

Section 39-5-31 - Meat processors and related industries subject to regulation by secretary.

Section 39-5-32 - Meat and meat products not to be used for human consumption--Denaturing or identification as inedible required.

Section 39-5-33 - Registration of meat brokers, renderers, animal food manufacturers, wholesalers or warehousemen.

Section 39-5-34 - Regulation of dealing in diseased, dying, crippled or dead livestock.

Section 39-5-35 - Disposal of carcasses, parts, or meat food products from noncomplying official establishments.

Section 39-5-36 - Records required of all types of meat businesses.

Section 39-5-37 - Detention of carcass, part, or meat food product, inedible product, or dying, crippled or diseased livestock--Grounds and procedure for action by secretary.

Section 39-5-38 - Seizure and condemnation of articles or animals in violation--Procedure for disposal of articles or animals.

Section 39-5-39 - Prohibited acts.

Section 39-5-39.1 - Sale of diseased carcass for human consumption as felony.

Section 39-5-41 - Principal or employer liable for acts or omissions of agent or employee.

Section 39-5-42 - Notice of report of violation by secretary to state's attorney--Warning notice by secretary authorized.

Section 39-5-43 - Circuit court jurisdiction.

Section 39-5-44 - Notice of operation of inspection and regulatory provisions.

Section 39-5-45 - Severability of chapter.