2011 South Dakota Code
Title 39 FOOD AND DRUGS
Chapter 05. Meat And Meat Products
§39-5-39 Prohibited acts.

39-5-39. Prohibited acts. The following acts, or the causing thereof, by any person within this state, are hereby prohibited, except as otherwise provided under § 39-5-11:

(1) The slaughter of livestock or the preparation of any carcasses, parts thereof, or meat food products of livestock at any establishment conducting such operations solely for intrastate commerce, except in compliance with the requirements of this chapter;

(2) The sale, donation, transportation, or offering or receiving for sale or transportation in this state of:

(a) Any livestock carcass, part thereof, or meat food product, unless such article has been inspected to assure its freedom from adulteration and misbranding, in accordance with the requirements under this chapter or the Federal Wholesome Meat Act; or

(b) Any such article which is capable of use as human food and is adulterated or misbranded at the time of such sale, donation, transportation, or offer or receipt for sale or transportation;

(3) Doing, with respect to any livestock carcass, part thereof, or meat food product which is capable of use as human food, any act while it is being transported in this state or held for sale or donation after such transportation, which is intended to cause or has the effect of causing such article to be adulterated or misbranded;

(4) Selling, donating, transporting, or offering or receiving for sale or transportation, in this state, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the secretary of the Animal Industry Board to show the kinds of animals from which they were derived;

(5) Casting, printing, lithographing, or otherwise making any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the secretary;

(6) Forging any official device, mark, or certificate;

(7) Without authorization from the secretary using any official device, mark, or certificate, or simulation thereof, or altering, detaching, defacing, or destroying any official device, mark, or certificate;

(8) Contrary to the regulations prescribed by the secretary, failing to use, or to detach, deface, or destroy any official device, mark, or certificate;

(9) Knowingly possessing, without promptly notifying the secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;

(10) Knowingly making any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the secretary;

(11) Knowingly representing that any article has been inspected and passed or exempted under this chapter when, in fact, it has, respectively, not been so inspected and passed or exempted;

(12) Neglecting or refusing to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his power to do so, in obedience to the subpoena of the secretary; or willfully making any false entry or statement of fact in any report required to be made under this chapter; or willfully making any false entry in any record kept by any person subject to this chapter;

(13) Failing to file any report required by the secretary under § 39-5-8, within the time fixed by him for such filing, or failing to keep any record required by the secretary under § 39-5-36;

(14) Refusing to permit any duly authorized representative of the secretary or have access at all reasonable times, to the premises, facilities, inventory, or records of any establishment in this state at which livestock are slaughtered or the carcasses, parts thereof, or meat food products are prepared, or refusing to permit such representative to copy any such records, as authorized by § 39-5-36;

(15) Assaulting, resisting, opposing, impeding, intimidating, or interfering with any person while engaged in, or on account of, the performance of his official duties under this chapter; or giving or paying anything of value to any person employed to perform any official duties under this chapter, with intent to influence his official actions;

(16) Receiving by any person employed to perform any official duties under this chapter of anything of value given or paid by any person to influence his official actions;

(17) Violating §§ 39-5-31 to 39-5-34 or any regulations under § 39-5-8.

A violation of any provision in this section is a Class 1 misdemeanor.

Source: SL 1968, ch 158, § 6; SL 1977, ch 190, § 363.