South Dakota Codified Laws 39-5-23. Refusal or withdrawal of inspection–Grounds and procedure for action by secretary
The secretary of the Animal Industry Board may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter), refuse to provide, or withdraw, inspection services under this chapter with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such services, that:
(1) Such applicant or recipient is unfit to engage in any business requiring inspection under this chapter because:
Terms Used In South Dakota Codified Laws 39-5-23
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Fraud: Intentional deception resulting in injury to another.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(a) The applicant or recipient (or in case the applicant or recipient is a partnership, any general partner; or in case the applicant or recipient is a corporation, any officer, director, or holder or owner of more than ten per centum of the voting stock) has, or has been responsibly connected with any person who has, committed an offense made criminal by this chapter, or has been convicted, in any federal, state, or local court, of any felony, or any violation of law designed to protect the public from unwholesome, adulterated, or misbranded food or from fraud, in connection with transactions in food; or
(b) Such applicant or recipient, or any person conducting a business with which such applicant or recipient was responsibly connected, had inspection services refused or withdrawn under this chapter for a period which has not expired; or
(2) The application for inspection contains a materially false or misleading statement made by the applicant for or recipient of the services, or its representative on its behalf, or there has been concealment or withholding of facts called for by the application form.
The secretary may also, after notice to the operator of the establishment, refuse to provide, or withdraw, inspection services under this chapter with respect to any establishment for any failure of the operator to maintain the establishment premises and facilities in a sanitary condition or to destroy condemned carcasses, parts thereof or meat food products as required, or other failure to conduct operations at the establishment in accordance with the requirements under this chapter. Such refusal or withdrawal shall terminate and inspection service shall be provided as soon as possible after the cause for such refusal or withdrawal has been corrected.
Source: SL 1968, ch 158, § 17.