It is a Class 1 misdemeanor for any person to use for the person’s own advantage, or to reveal any information relative to formulas of products acquired in accordance with §§ 38-20A-4 to 38-20A-13, inclusive. Notwithstanding the provisions of § 38-20A-48, it is a Class 2 misdemeanor for any person to use or reveal information relative to formulas of products acquired in accordance with §§ 38-20A-4 to 38-20A-13, inclusive, with the intent to defraud.

This section does not apply to information revealed to the secretary, or to any official or employee of this state, or to the courts of this state in response to a subpoena, or, in an emergency, to physicians, pharmacists, and other qualified persons for use in the preparation of antidotes.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
Class 2 misdemeanorup to 30 daysup to $500
For details, see § 22-6-2

Terms Used In South Dakota Codified Laws 38-20A-15

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Subpoena: A command to a witness to appear and give testimony.

Source: SL 1947, ch 99, §§ 4, 9; SDC Supp 1960, §§ 22.12A04 (2) (b), 22.9931; SDCL, § 39-19-15; SL 1977, ch 190, § 416; SL 1992, ch 158, § 100; SL 2020, ch 174, § 1.