SDCL § 39-18-46: Petition for condemnation of adulterated or misbranded article--Removal of tag if found not adulterated or misbranded.

If an article detained pursuant to § 39-18-45 is found, after examination and analysis, to be adulterated or misbranded, the secretary of agriculture and natural resources may petition the judge of any court of competent jurisdiction in whose jurisdiction the article is detained for a libel for condemnation of such article. If the secretary finds that such detained article is not adulterated or misbranded he shall remove the tag or marking.