South Dakota Codified Laws 39-4-15. Exemption of articles marketed under distinctive name–Compounds, imitations, andblends
An article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:
(1) In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with the statement of the place where said article has been manufactured or produced;
Terms Used In South Dakota Codified Laws 39-4-15
- 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
- misbranded: as used in this chapter , shall apply to all substances used as food or which enter into the composition of food, the package, or label of which shall bear any statement, design, or device regarding such substance or the ingredients contained therein which shall be false, deceptive, or misleading in any particular, and to any food product which is falsely branded as to the state, territory, or country in which it is manufactured or produced. See South Dakota Codified Laws 39-4-7
(2) In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word “compound,” “imitation,” or “blend,” as the case may be, together with a statement of the character and constituents thereof, is plainly stated on the package in which it is offered for sale; provided that the term “blend,” as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only.
Source: SL 1905, ch 114, § 9; SL 1907, ch 151, § 9; SL 1909, ch 163, § 6; SL 1917, ch 242, § 6; RC 1919, § 7809 (5), (6); SL 1923, ch 193; SDC 1939, § 22.0403 (4).