South Dakota Code § 39-13-10

Manufacture, sale, or possession of adulterated, misbranded, or improperly labeled nonalcoholic beverage or concentrate as petty offense
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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 nonalcoholic beverage or beverage concentrate that contains any ingredient injurious to health or that is adulterated, misbranded, insufficiently, or improperly labeled within the meaning of the food and drug statutes.

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