It is a petty offense for any person to manufacture, sell, offer, or expose for sale or to have in possession with intent to sell any nonalcoholic beverage or beverage concentrate that contains any ingredient injurious to health or that is adulterated, misbranded, insufficiently, or improperly labeled within the meaning of the food and drug statutes.

Terms Used In South Dakota Codified Laws 39-13-10

  • 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: SL 1905, ch 121, § 1; SL 1937, ch 201, § 1; SDC 1939, § 22.0903; SL 1977, ch 190, § 387; SL 1977, ch 313, § 3.