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Chapter 01 - Enforcement Powers And General Provisions
Section 39-1-1 - Administration of chapters by Department of Agriculture and Natural Resources--General enforcement powers. - 39-1-1. Administration of chapters by Department of Agriculture and Natural...
Section 39-1-1.1 - Division of Legal and Regulatory Services functions. - 39-1-1.1. Division of Legal and Regulatory Services functions. The Division...
Section 39-1-2 - Disposition of fees received. - 39-1-2. Disposition of fees received. All fees received by the...
Section 39-1-3 - Source of payment for expenses of enforcement. - 39-1-3. Source of payment for expenses of enforcement. All salaries...
Section 39-1-4 - Promulgation of rules--Enforcement. - 39-1-4. Promulgation of rules--Enforcement. The secretary of agriculture and natural...
Section 39-1-5 - Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated or misbranded. - 39-1-5. Standards for foods--Conformity to federal standards--Nonconforming foods deemed adulterated...
Section 39-1-6 - Distribution of bulletins containing standards, definitions, rules, and regulations--Payment of cost. - 39-1-6. Distribution of bulletins containing standards, definitions, rules, and regulations--Payment...
Section 39-1-7 - Prohibited contracts void--Action on contract prohibited. - 39-1-7. Prohibited contracts void--Action on contract prohibited. All contracts for...
Section 39-1-8 - Violation of title as misdemeanor. - 39-1-8. Violation of title as misdemeanor. Any person who violates...
Section 39-1-9 - Responsibility of employer for act or omission of agent or employee. - 39-1-9. Responsibility of employer for act or omission of agent...
Section 39-1-10 - Access to premises and vehicles--Inspections, samples, and analyses. - 39-1-10. Access to premises and vehicles--Inspections, samples, and analyses. The...
Section 39-1-11 - Assistance to be rendered--Refusal of assistance as violation. - 39-1-11. Assistance to be rendered--Refusal of assistance as violation. All...
Section 39-1-12 - Interference with official performance of duty as misdemeanor. - 39-1-12. Interference with official performance of duty as misdemeanor. Any...
Section 39-1-13 - Inspections and reports required of police officers--Payment of expenses. - 39-1-13. Inspections and reports required of police officers--Payment of expenses....
Section 39-1-14 - Contraband articles subject to condemnation. - 39-1-14. Contraband articles subject to condemnation. Any article of food...
Section 39-1-15 - Seizure or quarantine of contraband articles--Tagging and marking--Removal as petty offense. - 39-1-15. Seizure or quarantine of contraband articles--Tagging and marking--Removal as...
Section 39-1-16 - Petition to court for condemnation of seized or quarantined articles--Hearing and order. - 39-1-16. Petition to court for condemnation of seized or quarantined...
Section 39-1-17 - Preemption of local regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide. - 39-1-17. Preemption of local regulation of certain seed, commercial fertilizer,...
Chapter 04 - Adulterated And Misbranded Foods
Section 39-4-1 - Food defined. - 39-4-1. Food defined. The word "food" as used in this...
Section 39-4-2 - Conditions constituting adulteration of food . - 39-4-2. Conditions constituting adulteration of food. For the purposes of...
Section 39-4-3 - Ingredients constituting adulteration of confectionery. - 39-4-3. Ingredients constituting adulteration of confectionery. For the purposes of...
Section 39-4-3.1 - Confection or candy containing less than one-half of one percent alcohol by weight permitted. - 39-4-3.1. Confection or candy containing less than one-half of one...
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. - 39-4-3.2. Alcoholic beverage licensee permitted to sell confection or candy...
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. - 39-4-3.3. Off-sale delivery licensee permitted to deliver confection or candy...
Section 39-4-4 - Unlawful food additives--Prohibited use as misdemeanor. - 39-4-4. Unlawful food additives--Prohibited use as misdemeanor. It is a...
Section 39-4-5 - Labeling required for preservatives added--Violation as misdemeanor. - 39-4-5. Labeling required for preservatives added--Violation as misdemeanor. All food...
Section 39-4-7 - False or misleading information in package or label constituting misbranding. - 39-4-7. False or misleading information in package or label constituting...
Section 39-4-8 - Imitation or unauthorized use of distinctive name as misbranding. - 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. - 39-4-9. Deception as to place of origin as misbranding--Reuse of...
Section 39-4-10 - Failure to list narcotics in label as misbranding. - 39-4-10. Failure to list narcotics in label as misbranding. For...
Section 39-4-11 - Quantity and packer to be shown in label--Variation and tolerances. - 39-4-11. Quantity and packer to be shown in label--Variation and...
Section 39-4-12 - Franchised beverages exempt from quantity labeling requirement--Statement required of manufacturer or distributor. - 39-4-12. Franchised beverages exempt from quantity labeling requirement--Statement required of...
Section 39-4-13 - False labeling as to ingredients as misbranding. - 39-4-13. False labeling as to ingredients as misbranding. For the...
Section 39-4-14 - Additional labeling required for special dietary foods. - 39-4-14. Additional labeling required for special dietary foods. In addition...
Section 39-4-15 - Exemption of articles marketed under distinctive name--Compounds, imitations, and blends. - 39-4-15. Exemption of articles marketed under distinctive name--Compounds, imitations, and...
Section 39-4-16 - Disclosure of trade formulas not required. - 39-4-16. Disclosure of trade formulas not required. Nothing in this...
Section 39-4-17 - Exemption of articles intended for export. - 39-4-17. Exemption of articles intended for export. No article shall...
Section 39-4-18 - Manufacture of adulterated or misbranded food as misdemeanor. - 39-4-18. Manufacture of adulterated or misbranded food as misdemeanor. It...
Section 39-4-19 - Transportation of adulterated or misbranded foods as misdemeanor. - 39-4-19. Transportation of adulterated or misbranded foods as misdemeanor. The...
Section 39-4-20 - Reliance by dealer on guaranty by wholesaler or manufacturer--Contents of guaranty. - 39-4-20. Reliance by dealer on guaranty by wholesaler or manufacturer--Contents...
Section 39-4-21 - Seizure and condemnation of adulterated or misbranded food--Release on bond--Jury trial. - 39-4-21. Seizure and condemnation of adulterated or misbranded food--Release on...
Section 39-4-22 - Donation of food--Immunity from civil and criminal liability. - 39-4-22. Donation of food--Immunity from civil and criminal liability. The...
Section 39-4-23 - Distribution of food without charge by charitable or nonprofit organization--Immunity. - 39-4-23. Distribution of food without charge by charitable or nonprofit...
Section 39-4-24 - Food not readily marketable--Immunity provisions applicable--Regulation. - 39-4-24. Food not readily marketable--Immunity provisions applicable--Regulation. Sections 39-4-22 to...
Section 39-4-25 - Definitions. - 39-4-25. Definitions. Terms, as used in §§39-4-22 to 39-4-24, inclusive,...
Section 39-4-26 - Misbranding as meat food product, meat by-product, or poultry. - 39-4-26. Misbranding as meat food product, meat by-product, or poultry....
Chapter 05 - Meat And Meat Products
Section 39-5-5 - Sign and labeling required for sale of imported meat--Misdemeanor. - 39-5-5. Sign and labeling required for sale of imported meat--Misdemeanor....
Section 39-5-6 - Definition of terms. - 39-5-6. Definition of terms. Terms used in this chapter mean:...
Section 39-5-7 - Enforcement of chapter by secretary through inspectors and employees of Animal Industry Board. - 39-5-7. Enforcement of chapter by secretary through inspectors and employees...
Section 39-5-8 - Rules and regulations of secretary--Reports required--Conformity of rules to Federal Wholesome Meat Act. - 39-5-8. Rules and regulations of secretary--Reports required--Conformity of rules to...
Section 39-5-9 - Power of secretary to administer oaths and require attendance of witnesses--Self-incrimination privilege of witnesses. - 39-5-9. Power of secretary to administer oaths and require attendance...
Section 39-5-10 - Cooperation by secretary with federal, state or local agencies--Acceptance of federal aid. - 39-5-10. Cooperation by secretary with federal, state or local agencies--Acceptance...
Section 39-5-11 - Exemptions from inspection and preparation provisions. - 39-5-11. Exemptions from inspection and preparation provisions. The following meat...
Section 39-5-11.1 - License required for meat processors. - 39-5-11.1. License required for meat processors. Any official establishment, slaughtering...
Section 39-5-11.2 - Continuing education for meat processor. - 39-5-11.2. Continuing education for meat processor. A designated representative of...
Section 39-5-12 - Withdrawal or denial of exemption by secretary. - 39-5-12. Withdrawal or denial of exemption by secretary. The secretary...
Section 39-5-13 - Acts or transactions and carcasses, parts or meat food products regulated under Federal Wholesome Meat Act exempt. - 39-5-13. Acts or transactions and carcasses, parts or meat food...
Section 39-5-14 - Adulterated carcass, part, or meat food product defined. - 39-5-14. Adulterated carcass, part, or meat food product defined. For...
Section 39-5-15 - Application for inspection services. - 39-5-15. Application for inspection services. Persons desiring to operate under...
Section 39-5-16 - Ante-mortem inspection of livestock. - 39-5-16. Ante-mortem inspection of livestock. For the purpose of preventing...
Section 39-5-17 - Post-mortem inspection of carcasses and parts--Inspection of meat food products. - 39-5-17. Post-mortem inspection of carcasses and parts--Inspection of meat food...
Section 39-5-18 - Inspections made by or under supervision of veterinary inspectors. - 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. - 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. - 39-5-20. Quarantine, segregation, and reinspection of livestock, carcasses and parts,...
Section 39-5-21 - Condemnation and destruction of adulterated carcasses, parts, and meat food products--Reprocessing authorized. - 39-5-21. Condemnation and destruction of adulterated carcasses, parts, and meat...
Section 39-5-22 - Appeal from condemnation determination--Inspection and costs--Destruction of articles. - 39-5-22. Appeal from condemnation determination--Inspection and costs--Destruction of articles. If...
Section 39-5-23 - Refusal or withdrawal of inspection--Grounds and procedure for action by secretary. - 39-5-23. Refusal or withdrawal of inspection--Grounds and procedure for action...
Section 39-5-23.1 - Inhumane slaughtering--Refusal or suspension of inspection. - 39-5-23.1. Inhumane slaughtering--Refusal or suspension of inspection. For the purpose...
Section 39-5-23.2 - Humane methods of slaughtering. - 39-5-23.2. Humane methods of slaughtering. Either of the following two...
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. - 39-5-24. Facilities and sanitary practices of establishments operated in accordance...
Section 39-5-25 - Regulation of entry and handling of equine carcasses and products or other meat food products in official establishments. - 39-5-25. Regulation of entry and handling of equine carcasses and...
Section 39-5-26 - Misbranded carcass, part, or meat food product defined. - 39-5-26. Misbranded carcass, part, or meat food product defined. For...
Section 39-5-27 - Labeling and marking of carcasses, parts, meat food products or containers required. - 39-5-27. Labeling and marking of carcasses, parts, meat food products...
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. - 39-5-28. Labeling and marking styles and sizes of type--Definitions and...
Section 39-5-29 - False or misleading marking or labeling or misleading container prohibited. - 39-5-29. False or misleading marking or labeling or misleading container...
Section 39-5-30 - Determination and modification by secretary of false or misleading marking, labeling, or container--Hearing on determination. - 39-5-30. Determination and modification by secretary of false or misleading...
Section 39-5-31 - Meat processors and related industries subject to regulation by secretary. - 39-5-31. Meat processors and related industries subject to regulation by...
Section 39-5-32 - Meat and meat products not to be used for human consumption--Denaturing or identification as inedible required. - 39-5-32. Meat and meat products not to be used for...
Section 39-5-33 - Registration of meat brokers, renderers, animal food manufacturers, wholesalers or warehousemen. - 39-5-33. Registration of meat brokers, renderers, animal food manufacturers, wholesalers...
Section 39-5-34 - Regulation of dealing in diseased, dying, crippled or dead livestock. - 39-5-34. Regulation of dealing in diseased, dying, crippled or dead...
Section 39-5-35 - Disposal of carcasses, parts, or meat food products from noncomplying official establishments. - 39-5-35. Disposal of carcasses, parts, or meat food products from...
Section 39-5-36 - Records required of all types of meat businesses. - 39-5-36. Records required of all types of meat businesses. Any...
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. - 39-5-37. Detention of carcass, part, or meat food product, inedible...
Section 39-5-38 - Seizure and condemnation of articles or animals in violation--Procedure for disposal of articles or animals. - 39-5-38. Seizure and condemnation of articles or animals in violation--Procedure...
Section 39-5-39 - Prohibited acts. - 39-5-39. Prohibited acts. The following acts, or the causing thereof,...
Section 39-5-39.1 - Sale of diseased carcass for human consumption as felony. - 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. - 39-5-41. Principal or employer liable for acts or omissions of...
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...
Section 39-5-43 - Circuit court jurisdiction. - 39-5-43. Circuit court jurisdiction. The circuit court of South Dakota...
Section 39-5-44 - Notice of operation of inspection and regulatory provisions. - 39-5-44. Notice of operation of inspection and regulatory provisions. Provisions...
Section 39-5-45 - Severability of chapter. - 39-5-45. Severability of chapter. If any provision of this chapter...
Chapter 06 - Milk And Milk Product Grades And Standards
Section 39-6-1 - Definition of terms. - 39-6-1. Definition of terms. Terms used in this chapter mean:...
Section 39-6-2 - Sale of packaged or dispenser milk below Grade A or raw milk without license and permit as misdemeanor. - 39-6-2. Sale of packaged or dispenser milk below Grade A...
Section 39-6-3 - Sale of raw milk at place where milk produced permitted. - 39-6-3. Sale of raw milk at place where milk produced...
Section 39-6-3.1 - License and permit required to sell raw milk for human consumption. - 39-6-3.1. License and permit required to sell raw milk for...
Section 39-6-9 - Promulgation of rules. - 39-6-9. Promulgation of rules. The secretary of agriculture and natural...
Section 39-6-10 - Permit for importation of Grade A products--Standards required--Suspension or revocation. - 39-6-10. Permit for importation of Grade A products--Standards required--Suspension or...
Section 39-6-11 - Inspectors for Grade A premises and plants--Assistance to producers and processors. - 39-6-11. Inspectors for Grade A premises and plants--Assistance to producers...
Section 39-6-12 - Field service provided by processor to assist producers and supervise processing. - 39-6-12. Field service provided by processor to assist producers and...
Section 39-6-13 - Processor field service permit--Determination of qualifications. - 39-6-13. Processor field service permit--Determination of qualifications. Any person performing...
Section 39-6-14 - Processor field service permit not transferable--Revocation--Notice and hearing. - 39-6-14. Processor field service permit not transferable--Revocation--Notice and hearing. The...
Section 39-6-15 - Grounds for suspension and revocation of permit--Opportunity for hearing before revocation. - 39-6-15. Grounds for suspension and revocation of permit--Opportunity for hearing...
Section 39-6-16 - Hearing required before revocation of permit--Suspension pending hearing--Stop-sale order in lieu of suspension. - 39-6-16. Hearing required before revocation of permit--Suspension pending hearing--Stop-sale order...
Section 39-6-20 - Sale of substandard products prohibited. - 39-6-20. Sale of substandard products prohibited. It is a violation...
Chapter 07 - Artificial Dairy Products
Section 39-7-1 - Purpose of chapter. - 39-7-1. Purpose of chapter. The purpose of this chapter is...
Section 39-7-2 - Definition of terms. - 39-7-2. Definition of terms. Terms used in this chapter mean:...
Section 39-7-3 - Compounds and products not subject to chapter. - 39-7-3. Compounds and products not subject to chapter. Notwithstanding §39-7-2,...
Section 39-7-4.1 - Sale or possession of artificial dairy products not meeting labeling requirements as misdemeanor. - 39-7-4.1. Sale or possession of artificial dairy products not meeting...
Section 39-7-4.2 - Statement "artificial dairy product" indicated on package or container--Type size. - 39-7-4.2. Statement "artificial dairy product" indicated on package or container--Type...
Section 39-7-4.3 - Compliance with federal requirements. - 39-7-4.3. Compliance with federal requirements. Any artificial dairy product shall...
Section 39-7-4.4 - Display of product name. - 39-7-4.4. Display of product name. The product name of an...
Section 39-7-4.5 - Certain products not subject to chapter. - 39-7-4.5. Certain products not subject to chapter. Any nonliquid topping,...
Section 39-7-4.6 - Information on principal display panel--Type size. - 39-7-4.6. Information on principal display panel--Type size. Any artificial dairy...
Section 39-7-4.7 - Nutritional panel--Contents. - 39-7-4.7. Nutritional panel--Contents. A nutritional panel shall be provided on...
Section 39-7-4.8 - Certain packages not subject to chapter. - 39-7-4.8. Certain packages not subject to chapter. The provisions of...
Section 39-7-6 - Administration and enforcement of chapter. - 39-7-6. Administration and enforcement of chapter. The secretary of agriculture...
Section 39-7-7 - Injunction to prevent violations--Seizure of contraband products. - 39-7-7. Injunction to prevent violations--Seizure of contraband products. The provisions...
Section 39-7-8 - Citation of chapter. - 39-7-8. Citation of chapter. This chapter may be cited as...
Chapter 08 - Frozen Desserts
Section 39-8-1 - Definition of terms. - 39-8-1. Definition of terms. Terms used in this chapter mean:...
Section 39-8-2 - Administration of chapter. - 39-8-2. Administration of chapter. This chapter shall be administered by...
Section 39-8-3 - Construction standards for plants. - 39-8-3. Construction standards for plants. The secretary of agriculture and...
Section 39-8-4 - Sanitation standards for plant operations. - 39-8-4. Sanitation standards for plant operations. The secretary of agriculture...
Section 39-8-5 - Labeling of containers of dessert mix. - 39-8-5. Labeling of containers of dessert mix. All containers of...
Section 39-8-6 - Units of sale and minimum weight of frozen desserts--Tolerances. - 39-8-6. Units of sale and minimum weight of frozen desserts--Tolerances....
Section 39-8-7 - Containers labeled as to quantity. - 39-8-7. Containers labeled as to quantity. All packages and final...
Section 39-8-8 - Labeling of desserts sold in packages. - 39-8-8. Labeling of desserts sold in packages. Frozen desserts sold...
Section 39-8-9 - Exemption from labeling requirements of containers filled in presence of purchaser. - 39-8-9. Exemption from labeling requirements of containers filled in presence...
Section 39-8-10 - Standards of identity, quality, and fill of container. - 39-8-10. Standards of identity, quality, and fill of container. The...
Section 39-8-11 - Conditions constituting adulteration of dessert or mix. - 39-8-11. Conditions constituting adulteration of dessert or mix. A frozen...
Section 39-8-12 - Conditions constituting misbranding of dessert or mix. - 39-8-12. Conditions constituting misbranding of dessert or mix. A frozen...
Section 39-8-13 - Manufacture, sale, or possession of adulterated or misbranded dessert or mix as misdemeanor. - 39-8-13. Manufacture, sale, or possession of adulterated or misbranded dessert...
Section 39-8-14 - Violation of chapter or regulations as misdemeanor. - 39-8-14. Violation of chapter or regulations as misdemeanor. Any person...
Section 39-8-15 - Citation of chapter. - 39-8-15. Citation of chapter. This chapter shall be known as...
Chapter 11 - Eggs And Egg Products
Section 39-11-1 - Definition of terms. - 39-11-1. Definition of terms. Terms used in this chapter, unless...
Section 39-11-2 - License required for egg dealing or processing--Exceptions. - 39-11-2. License required for egg dealing or processing--Exceptions. No person...
Section 39-11-4 - Issuance of license on compliance with requirements--Examination for candler's license. - 39-11-4. Issuance of license on compliance with requirements--Examination for candler's...
Section 39-11-5 - Annual fees for classes of licenses--License required to candle or grade. - 39-11-5. Annual fees for classes of licenses--License required to candle...
Section 39-11-6 - Expiration and renewal of licenses--Late renewal fee. - 39-11-6. Expiration and renewal of licenses--Late renewal fee. All licenses...
Section 39-11-7 - Regulations governing grading, production, and distribution standards--Plant requirements--Enforcement. - 39-11-7. Regulations governing grading, production, and distribution standards--Plant requirements--Enforcement. For...
Section 39-11-8 - Federal standards as guide in establishing grade requirements. - 39-11-8. Federal standards as guide in establishing grade requirements. The...
Section 39-11-9 - Candling required before payment of producers--Payment based on estimated value. - 39-11-9. Candling required before payment of producers--Payment based on estimated...
Section 39-11-10 - Candling and grading records required of licensee--Open for examination. - 39-11-10. Candling and grading records required of licensee--Open for examination....
Section 39-11-11 - Eggs purchased for processing exempt from grading requirements. - 39-11-11. Eggs purchased for processing exempt from grading requirements. Eggs...
Section 39-11-12 - Conditions making eggs unfit for human food. - 39-11-12. Conditions making eggs unfit for human food. For the...
Section 39-11-13 - Excessive dockage by dealer prohibited--Accurate grading required. - 39-11-13. Excessive dockage by dealer prohibited--Accurate grading required. No dealer...
Section 39-11-14 - Possession of unfit eggs prohibited--Denatured egg products for animal foods allowed. - 39-11-14. Possession of unfit eggs prohibited--Denatured egg products for animal...
Section 39-11-15 - Violation of chapter as petty offense. - 39-11-15. Violation of chapter as petty offense. A violation of...
Section 39-11-16 - Stop-sale order on products in violation--Effect. - 39-11-16. Stop-sale order on products in violation--Effect. If the secretary...
Section 39-11-17 - Violation as ground for revocation of license--Notice and opportunity for hearing. - 39-11-17. Violation as ground for revocation of license--Notice and opportunity...
Chapter 13 - Beverages, Concentrates And Flavors
Section 39-13-1 - Definition of terms. - 39-13-1. Definition of terms. The following definitions of terms, application...
Section 39-13-2 - Products exempt from chapter. - 39-13-2. Products exempt from chapter. The following are exempt from...
Section 39-13-3 - Registration required for sale of alcoholic beverage--Application for registration. - 39-13-3. Registration required for sale of alcoholic beverage--Application for registration....
Section 39-13-4 - Fees for registration of products--Disposition of fees. - 39-13-4. Fees for registration of products--Disposition of fees. There shall...
Section 39-13-5 - Time for annual registration--Expiration. - 39-13-5. Time for annual registration--Expiration. The application for registration required...
Section 39-13-6 - Retailers and dispensers not required to register previously registered product. - 39-13-6. Retailers and dispensers not required to register previously registered...
Section 39-13-7 - Contraband liquor to be registered before sale. - 39-13-7. Contraband liquor to be registered before sale. Any contraband...
Section 39-13-8 - Labeling and quality standards applicable. - 39-13-8. Labeling and quality standards applicable. The requirements for labeling...
Section 39-13-9 - Cleansing and sterilizing of containers. - 39-13-9. Cleansing and sterilizing of containers. All bottles and other...
Section 39-13-10 - Manufacture, sale, or possession of adulterated, misbranded, or improperly labeled nonalcoholic beverage or concentrate as petty offense. - 39-13-10. Manufacture, sale, or possession of adulterated, misbranded, or improperly...
Section 39-13-11 - Manufacture, sale, or possession of adulterated or misbranded alcoholic beverage as petty offense--Compliance with federal labeling requirements. - 39-13-11. Manufacture, sale, or possession of adulterated or misbranded alcoholic...
Section 39-13-13 - Administration and enforcement of chapter--Enforcement powers. - 39-13-13. Administration and enforcement of chapter--Enforcement powers. The secretary of...
Section 39-13-14 - Identification and examination of samples collected. - 39-13-14. Identification and examination of samples collected. All samples collected...
Section 39-13-15 - Publication of analyses and information. - 39-13-15. Publication of analyses and information. The secretary of revenue...
Section 39-13-16 - Representation of product as honey as petty offense if not pure honey from bees. - 39-13-16. Representation of product as honey as petty offense if...
Chapter 14 - Commercial Feeds
Section 39-14-39 - Definition of terms. - 39-14-39. Definition of terms. Terms used in this chapter mean:...
Section 39-14-40.1 - Commercial feed license--Requirements--Fees--Application and renewal. - 39-14-40.1. Commercial feed license--Requirements--Fees--Application and renewal. No person who manufactures...
Section 39-14-41.1 - Copies of labels and labeling. - 39-14-41.1. Copies of labels and labeling. The secretary may request...
Section 39-14-42 - Refusal or cancellation of commercial feed license--Hearings and opportunity to amend. - 39-14-42. Refusal or cancellation of commercial feed license--Hearings and opportunity...
Section 39-14-43 - Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food. - 39-14-43. Tonnage inspection fee on commercial feeds--Exceptions and conditions--Pet food....
Section 39-14-43.1 - Deposits in animal disease research and diagnostic laboratory bond redemption and operations fund. - 39-14-43.1. Deposits in animal disease research and diagnostic laboratory bond...
Section 39-14-44 - Tonnage reports and payment of inspection fees--Records required--Refusal or cancellation of commercial feed licenses for noncompliance. - 39-14-44. Tonnage reports and payment of inspection fees--Records required--Refusal or...
Section 39-14-45 - Deposits in feed and remedy fund--Expenditures. - 39-14-45. Deposits in feed and remedy fund--Expenditures. Any fee collected...
Section 39-14-46 - Adulteration by poisonous or deleterious substances. - 39-14-46. Adulteration by poisonous or deleterious substances. A commercial feed...
Section 39-14-47 - Adulteration by unsafe additives. - 39-14-47. Adulteration by unsafe additives. A commercial feed shall be...
Section 39-14-47.1 - Adulteration by unsafe color additive or new animal drug. - 39-14-47.1. Adulteration by unsafe color additive or new animal drug....
Section 39-14-48 - Adulteration by unsafe food additives. - 39-14-48. Adulteration by unsafe food additives. A commercial feed shall...
Section 39-14-49 - Adulteration by pesticide chemicals. - 39-14-49. Adulteration by pesticide chemicals. A commercial feed shall be...
Section 39-14-50 - Adulteration by omission or abstraction of valuable constituents. - 39-14-50. Adulteration by omission or abstraction of valuable constituents. A...
Section 39-14-51 - Adulteration by failure to meet label representations. - 39-14-51. Adulteration by failure to meet label representations. A commercial...
Section 39-14-52 - Adulteration by drug not conforming to good manufacturing practice. - 39-14-52. Adulteration by drug not conforming to good manufacturing practice....
Section 39-14-53 - Adulteration by weed seed. - 39-14-53. Adulteration by weed seed. A commercial feed shall be...
Section 39-14-54 - Labeling requirements for commercial feed. - 39-14-54. Labeling requirements for commercial feed. A commercial feed, except...
Section 39-14-55 - Labeling requirements for customer-formula feed. - 39-14-55. Labeling requirements for customer-formula feed. A customer-formula feed shall...
Section 39-14-56 - Conditions constituting misbranding. - 39-14-56. Conditions constituting misbranding. A commercial feed shall be deemed...
Section 39-14-57 - Prohibited acts. - 39-14-57. Prohibited acts. The following acts and the causing of...
Section 39-14-58 - Administration of chapter by secretary of agriculture and natural resources. - 39-14-58. Administration of chapter by secretary of agriculture and natural...
Section 39-14-59 - Cooperation by secretary with other agencies. - 39-14-59. Cooperation by secretary with other agencies. The secretary of...
Section 39-14-60 - Promulgation of rules for commercial feeds and pet foods. - 39-14-60. Promulgation of rules for commercial feeds and pet foods....
Section 39-14-61 - Publication required before adoption or change of rule or regulation--Automatic adoption of changes in national standards. - 39-14-61. Publication required before adoption or change of rule or...
Section 39-14-62 - Access of departmental personnel to premises and records. - 39-14-62. Access of departmental personnel to premises and records. For...
Section 39-14-63 - Entry of premises and inspections by departmental personnel--Restriction on scope of inspection. - 39-14-63. Entry of premises and inspections by departmental personnel--Restriction on...
Section 39-14-64 - Notice of inspections--Notice of completion. - 39-14-64. Notice of inspections--Notice of completion. A separate notice shall...
Section 39-14-65 - Warrant for inspection of premises. - 39-14-65. Warrant for inspection of premises. If the owner of...
Section 39-14-66 - Receipt given for samples obtained. - 39-14-66. Receipt given for samples obtained. If the officer or...
Section 39-14-67 - Sampling and analysis methods. - 39-14-67. Sampling and analysis methods. Sampling and analysis shall be...
Section 39-14-68 - Deficiencies determined by official sample and analysis. - 39-14-68. Deficiencies determined by official sample and analysis. The secretary...
Section 39-14-69 - Results of analyses furnished by secretary--Portion of sample furnished on finding of adulteration or misbranding. - 39-14-69. Results of analyses furnished by secretary--Portion of sample furnished...
Section 39-14-70 - Misuse of confidential information as misdemeanor--Exchange with other government agencies. - 39-14-70. Misuse of confidential information as misdemeanor--Exchange with other government...
Section 39-14-71 - Order withdrawing feed from distribution--Release on compliance--Condemnation proceedings. - 39-14-71. Order withdrawing feed from distribution--Release on compliance--Condemnation proceedings. When...
Section 39-14-72 - Seizure and disposal of feed in violation--Opportunity to process or relabel. - 39-14-72. Seizure and disposal of feed in violation--Opportunity to process...
Section 39-14-73 - Judicial review of administrative actions--Form of proceeding. - 39-14-73. Judicial review of administrative actions--Form of proceeding. Any person...
Section 39-14-74 - Injunction to restrain violations of chapter. - 39-14-74. Injunction to restrain violations of chapter. The secretary of...
Section 39-14-75 - Violation as misdemeanor. - 39-14-75. Violation as misdemeanor. Any person who violates any of...
Section 39-14-76 - Warning in lieu of prosecution for minor violations. - 39-14-76. Warning in lieu of prosecution for minor violations. Nothing...
Section 39-14-77 - Prosecution by state's attorney--Opportunity for hearing before report of violation. - 39-14-77. Prosecution by state's attorney--Opportunity for hearing before report of...
Section 39-14-78 - Publication of information on commercial feeds--Contents. - 39-14-78. Publication of information on commercial feeds--Contents. The secretary of...
Section 39-14-79 - Severability of provisions. - 39-14-79. Severability of provisions. If any clause, sentence, paragraph, or...
Section 39-14-80 - Title of chapter. - 39-14-80. Title of chapter. This chapter shall be known as...
Section 39-14-81 - Rules covering exemption from chapter. - 39-14-81. Rules covering exemption from chapter. The secretary of agriculture...
Chapter 15 - Adulterated And Misbranded Drugs
Section 39-15-1 - Substances subject to chapter. - 39-15-1. Substances subject to chapter. The term "drug" as used...
Section 39-15-2 - Substandard drug sold under recognized name deemed adulterated--Lower standards stated on container. - 39-15-2. Substandard drug sold under recognized name deemed adulterated--Lower standards...
Section 39-15-3 - Strength or purity below professed standard deemed adulteration. - 39-15-3. Strength or purity below professed standard deemed adulteration. For...
Section 39-15-4 - Unsanitary storage and dispensing conditions deemed adulteration. - 39-15-4. Unsanitary storage and dispensing conditions deemed adulteration. For the...
Section 39-15-5 - False label as to purity, effect, or contents as misbranding. - 39-15-5. False label as to purity, effect, or contents as...
Section 39-15-6 - False label as to place of origin as misbranding. - 39-15-6. False label as to place of origin as misbranding....
Section 39-15-7 - Imitation or sale under name of another article as misbranding. - 39-15-7. Imitation or sale under name of another article as...
Section 39-15-8 - Reuse of container as misbranding--Alcohol and narcotics to be stated in label--Prescription drugs and standard name sales exempt. - 39-15-8. Reuse of container as misbranding--Alcohol and narcotics to be...
Section 39-15-9 - Exemption of drugs intended for export--Provisions applicable if sold domestically. - 39-15-9. Exemption of drugs intended for export--Provisions applicable if sold...
Section 39-15-10 - Manufacture or sale of adulterated or misbranded drug as misdemeanor. - 39-15-10. Manufacture or sale of adulterated or misbranded drug as...
Section 39-15-11 - Reliance by dealer on guarantee by distributor--Liability to fines and penalties--Contents of guarantee. - 39-15-11. Reliance by dealer on guarantee by distributor--Liability to fines...
Chapter 18 - Animal Remedies
Section 39-18-1 - Definition of terms. - 39-18-1. Definition of terms. Terms used in this chapter mean:...
Section 39-18-2 - Administration of chapter. - 39-18-2. Administration of chapter. This chapter shall be administered by...
Section 39-18-3 - Registration required for distribution of remedy. - 39-18-3. Registration required for distribution of remedy. Before being distributed...
Section 39-18-4 - Experimental remedies exempt from registration--Labeling. - 39-18-4. Experimental remedies exempt from registration--Labeling. Section 39-18-3 does not...
Section 39-18-5 - Application for registration--Contents. - 39-18-5. Application for registration--Contents. Any person may make application for...
Section 39-18-6 - Label to accompany application--Specimen required--Statement of claims. - 39-18-6. Label to accompany application--Specimen required--Statement of claims. A label...
Section 39-18-7 - Classification by secretary as commercial feed or animal remedy. - 39-18-7. Classification by secretary as commercial feed or animal remedy....
Section 39-18-8 - Copy of registration forwarded to applicant_Annual expiration date. - 39-18-8. Copy of registration forwarded to applicant--Annual expiration date. Upon...
Section 39-18-9 - Disposition of funds collected. - 39-18-9. Disposition of funds collected. All of the registration fee...
Section 39-18-10 - Refusal to register product of no value--Suspension or revocation for flagrant violation. - 39-18-10. Refusal to register product of no value--Suspension or revocation...
Section 39-18-11 - No additional fee required if paid by manufacturer or distributor. - 39-18-11. No additional fee required if paid by manufacturer or...
Section 39-18-12 - Sale or offer of unregistered remedy prohibited. - 39-18-12. Sale or offer of unregistered remedy prohibited. No person...
Section 39-18-13 - Sale by retailer without reregistration. - 39-18-13. Sale by retailer without reregistration. Any retailer of animal...
Section 39-18-14 - Professional supervision required for preparation and packaging of remedies. - 39-18-14. Professional supervision required for preparation and packaging of remedies....
Section 39-18-15 - Label required on animal remedy--Contents. - 39-18-15. Label required on animal remedy--Contents. Any animal remedy distributed...
Section 39-18-16 - Forgery or counterfeiting of label prohibited. - 39-18-16. Forgery or counterfeiting of label prohibited. No person shall...
Section 39-18-17 - Alteration or destruction of label prohibited--Other acts resulting in misbranding. - 39-18-17. Alteration or destruction of label prohibited--Other acts resulting in...
Section 39-18-18 - Remedy deemed misbranded if not properly labeled. - 39-18-18. Remedy deemed misbranded if not properly labeled. An animal...
Section 39-18-19 - Remedy deemed misbranded if label misleading. - 39-18-19. Remedy deemed misbranded if label misleading. An animal remedy...
Section 39-18-20 - Remedy deemed misbranded if required information on label not conspicuous and clear. - 39-18-20. Remedy deemed misbranded if required information on label not...
Section 39-18-21 - Remedy deemed misbranded if container deceptive as to quantity. - 39-18-21. Remedy deemed misbranded if container deceptive as to quantity....
Section 39-18-22 - Remedy deemed misbranded if distributed under name of another. - 39-18-22. Remedy deemed misbranded if distributed under name of another....
Section 39-18-23 - Remedy deemed misbranded if recommended dosage is dangerous. - 39-18-23. Remedy deemed misbranded if recommended dosage is dangerous. An...
Section 39-18-24 - Distribution under federal license as compliance with branding requirements. - 39-18-24. Distribution under federal license as compliance with branding requirements....
Section 39-18-25 - Putrid and decomposed substances constituting adulteration. - 39-18-25. Putrid and decomposed substances constituting adulteration. An animal remedy...
Section 39-18-26 - Poisonous and deleterious substances constituting adulteration. - 39-18-26. Poisonous and deleterious substances constituting adulteration. An animal remedy...
Section 39-18-27 - Injurious substance in container constituting adulteration. - 39-18-27. Injurious substance in container constituting adulteration. An animal remedy...
Section 39-18-28 - Preparation or packing under unsanitary conditions as adulteration. - 39-18-28. Preparation or packing under unsanitary conditions as adulteration. An...
Section 39-18-29 - Substandard strength or quality as adulteration--Tolerance allowed. - 39-18-29. Substandard strength or quality as adulteration--Tolerance allowed. An animal...
Section 39-18-30 - Manufacture or sale of adulterated or misbranded remedy prohibited. - 39-18-30. Manufacture or sale of adulterated or misbranded remedy prohibited....
Section 39-18-31 - False guaranty prohibited--Reliance on guaranty by another. - 39-18-31. False guaranty prohibited--Reliance on guaranty by another. No person...
Section 39-18-32 - False or misleading advertising prohibited--Restrictions on liability of advertising media. - 39-18-32. False or misleading advertising prohibited--Restrictions on liability of advertising...
Section 39-18-33 - Sale of unrefrigerated biological products prohibited. - 39-18-33. Sale of unrefrigerated biological products prohibited. No person shall...
Section 39-18-34 - Exemption of veterinarians. - 39-18-34. Exemption of veterinarians. Except as provided in §39-18-34.1, this...
Section 39-18-34.1 - Relationship between veterinarian and client or patient as condition of dispensing certain drugs--What constitutes a valid relationship. - 39-18-34.1. Relationship between veterinarian and client or patient as condition...
Section 39-18-35 - Enforcement of chapter--Rules and regulations--Notice and hearing on regulations. - 39-18-35. Enforcement of chapter--Rules and regulations--Notice and hearing on regulations....
Section 39-18-36 - Publication of production data and analysis results--Operations not disclosed. - 39-18-36. Publication of production data and analysis results--Operations not disclosed....
Section 39-18-37 - Violation of chapter or rules and regulations as misdemeanor. - 39-18-37. Violation of chapter or rules and regulations as misdemeanor....
Section 39-18-38 - Investigations pertinent to enforcement. - 39-18-38. Investigations pertinent to enforcement. The secretary of agriculture and...
Section 39-18-39 - Access of departmental personnel to premises. - 39-18-39. Access of departmental personnel to premises. The secretary of...
Section 39-18-40 - Procurement and analysis of samples--Official analysis as sole guide for administrative determinations. - 39-18-40. Procurement and analysis of samples--Official analysis as sole guide...
Section 39-18-41 - Refusal of inspection or sample prohibited. - 39-18-41. Refusal of inspection or sample prohibited. No person shall...
Section 39-18-42 - Analysis result showing adulteration or misbranding forwarded to distributor and purchaser--Portion of sample furnished. - 39-18-42. Analysis result showing adulteration or misbranding forwarded to distributor...
Section 39-18-43 - Unauthorized disclosure of information prohibited. - 39-18-43. Unauthorized disclosure of information prohibited. The secretary of agriculture...
Section 39-18-44 - Withholding from sale of remedies not in compliance. - 39-18-44. Withholding from sale of remedies not in compliance. The...
Section 39-18-45 - Tagging of adulterated or misbranded remedies--Disposal or removal from premises prohibited. - 39-18-45. Tagging of adulterated or misbranded remedies--Disposal or removal from...
Section 39-18-46 - Petition for condemnation of adulterated or misbranded article--Removal of tag if found not adulterated or misbranded. - 39-18-46. Petition for condemnation of adulterated or misbranded article--Removal of...
Section 39-18-47 - Destruction of article found adulterated or misbranded--Costs and expenses. - 39-18-47. Destruction of article found adulterated or misbranded--Costs and expenses....
Section 39-18-48 - Bond to permit processing or relabeling of detained remedy--Expense of supervision--Return of bond on compliance. - 39-18-48. Bond to permit processing or relabeling of detained remedy--Expense...
Section 39-18-49 - Report of violations to prosecuting authorities. - 39-18-49. Report of violations to prosecuting authorities. The secretary of...
Section 39-18-50 - Report for prosecution required for minor violations--Warning notice. - 39-18-50. Report for prosecution required for minor violations--Warning notice. Section...
Section 39-18-51 - Prosecution of violations reported--Opportunity to present views before report for prosecution. - 39-18-51. Prosecution of violations reported--Opportunity to present views before report...
Section 39-18-52 - Severability of provisions. - 39-18-52. Severability of provisions. If any clause, sentence, paragraph, or...
Section 39-18-53 - Citation of chapter. - 39-18-53. Citation of chapter. This chapter shall be known as...