South Dakota § 39-8-12 Conditions constituting misbranding of dessert or mix.

South Dakota Statutes

§ 39-8-12 — Conditions constituting misbranding of dessert or mix.

South Dakota § 39-8-12

Title 39FOOD AND DRUGS

Ch. 39-8FROZEN DESSERTS

This text of South Dakota § 39-8-12 (Conditions constituting misbranding of dessert or mix.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 39-8-12 (2026).

Text

A frozen dessert or mix shall be deemed misbranded for purposes of this chapter:

(1)If its labeling is false or misleading in any manner;

(2)If it is offered for sale under the name of another food;

(3)If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(4)If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, caloric, and other dietary prop

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A frozen dessert or mix shall be deemed misbranded for purposes of this chapter: (1) If its labeling is false or misleading in any manner; (2) If it is offered for sale under the name of another food; (3) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (4) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, caloric, and other dietary properties as the secretary of agriculture and natural resources determines to be necessary in order to fully inform purchasers as to its value for such uses; (5) If it does not conform with the definitions, standards, or other requirements as set forth in this chapter or rules promulgated pursuant to chapter 1-26 for frozen desserts.

Legislative History

SL 1937, ch 198, § 10; SDC 1939, § 22.0611; SL 1947, ch 95, § 3; SL 1965, ch 104, § 3 (j); SL 1986, ch 326, § 66; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.