The secretary of agriculture and natural resources, the secretary of public safety, and their agents and inspectors, with or without the assistance of the officers specified in § 39-1-13, have power and authority to seize or quarantine by tagging or otherwise suitably marking any food or drug which is, or which is suspected of being, contraband material as defined in § 39-1-14; and for this purpose they and their agents and inspectors shall be vested with police powers. Such tag or marking shall be notice to all persons not to remove or otherwise molest marked or tagged material until given permission by the secretary of agriculture and natural resources, the secretary of public safety, or a court. Any person who removes or otherwise molests any article of food or drug tagged or marked as provided by this section without the permission or consent of the secretary of agriculture and natural resources, the secretary of public safety, or a court, commits a petty offense.

Terms Used In South Dakota Codified Laws 39-1-15

  • food: as used in this title shall include all substances used as food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound, and all substances or ingredients to be added to foods for any purpose. See South Dakota Codified Laws 39-4-1
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts

Source: SDC 1939, § 22.0104 as added by SL 1949, ch 81, § 2; SDC Supp 1960, § 22.0104 (2), (3); SL 1977, ch 190, § 348; SL 2004, ch 17, § 287; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

  Previous section
Next section  
 Chapter 1 Contents