In addition to the provisions of §§ 39-4-8 to 39-4-13, inclusive, a food shall also be deemed to be misbranded if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, or other dietary properties as necessary in order fully to inform purchasers as to its value for such uses; and unless (if the food be one for which a definition and standard of identity has been adopted, or if the food be produced by replacing one or more essential and commonly accepted ingredients by other ingredients), its label shall show the name of the substitute or substitutes and state what ingredient or ingredients have been replaced, and unless the label shall bear, clearly and conspicuously, the following statement: “For special dietary use only.” As used in this section the term “food” means “food” as defined in § 39-4-1.

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Terms Used In South Dakota Codified Laws 39-4-14

  • 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: SDC 1939, § 22.0410 as amended by SL 1949, ch 81, § 3; SL 1953, ch 89.