For the purpose of this title a food product shall be deemed to be misbranded if it be so labeled or branded as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package.

Terms Used In South Dakota Codified Laws 39-4-9

  • 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

Source: SL 1905, ch 114, § 8; SL 1907, ch 151, § 8; SL 1909, ch 163, § 6; SL 1917, ch 242, § 6; RC 1919, § 7809 (2); SL 1923, ch 193; SDC 1939, § 22.0403 (2).