South Dakota Codified Laws 39-13-11. Manufacture, sale, or possession of adulterated or misbranded alcoholic beverage aspetty offense–Compliance with federal labeling requirements
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 alcoholic beverage that is adulterated or misbranded or not registered within the meaning of this chapter. For the purposes of this chapter, an alcoholic beverage is adulterated if it contains any ingredient prohibited by the food and drug statutes of this state or if it does not conform to standards otherwise established by state law for such product, and is misbranded when not plainly marked, labeled, or otherwise designated as prescribed by rule promulgated by the secretary of revenue pursuant to chapter 1-26 and by state law regulating the labeling of foods. However, compliance with the uniform labeling regulations established by the federal secretary of the treasury is in compliance with the labeling requirements of this chapter.
Terms Used In South Dakota Codified Laws 39-13-11
- 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, § 388; SL 1977, ch 313, § 4; SL 1987, ch 82, § 56.