A food product shall be deemed to be misbranded if the product is labeled or branded in a false, deceptive, or misleading manner that intentionally misrepresents the product as a meat food product as defined in § 39-5-6, a meat by-product as defined in § 39-5-6, or as poultry.
For the purposes of this title, the term, poultry, includes anything containing meat intended for or capable of use for human consumption, that is derived, in whole or in part, from any domesticated bird intended for human consumption.
For the purposes of this section, an intentional violation occurs when the party committing the violation knew or should have known that the conduct was a violation of this section.
SDCL 39-4-26