§ 39-13-11 — Manufacture, sale, or possession of adulterated or misbranded alcoholic beverage as petty 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.

Legislative History

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.