39-4-15. Exemption of articles marketed under distinctive name--Compounds, imitations, and blends. An article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:
(1) In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with the statement of the place where said article has been manufactured or produced;
(2) In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word "compound," "imitation," or "blend," as the case may be, together with a statement of the character and constituents thereof, is plainly stated on the package in which it is offered for sale; provided that the term "blend," as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only.Source: SL 1905, ch 114, § 9; SL 1907, ch 151, § 9; SL 1909, ch 163, § 6; SL 1917, ch 242, § 6; RC 1919, § 7809 (5), (6); SL 1923, ch 193; SDC 1939, § 22.0403 (4).
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