39-7-3. Compounds and products not subject to chapter. Notwithstanding § 39-7-2, the term "artificial dairy product" may not be construed to mean or include:
(1) Any distinctive proprietary food compound not readily mistaken for a dairy product, where such compound is customarily used on the order of a physician and is prepared and designed for medicinal or special dietary use only and is prominently so labeled;
(2) Any dairy product flavored with chocolate or cocoa, or the vitamin content of which has been increased, or both, where the fats or oils other than milk fat contained in such product do not exceed the amount of cacao fat naturally present in the chocolate or cocoa used and the food oil, not in excess of .01 per centum of the weight of the finished product, used as a carrier of such vitamins.Source: SL 1951, ch 114, § 3; SDC Supp 1960, § 22.05A03; SL 1987, ch 292, § 3.
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