Changes to Existing Law

A person may not sell, hold, or offer for sale, or distribute cell-cultured meat in this state. A violation of this section is a Class 2 misdemeanor. Upon receipt of a complaint, the Department of Health may inspect any food service establishment, mobile food service establishment, or temporary food service establishment for a possible violation of this section, as provided in § 34-18-27.3. If the inspection indicates the establishment is in violation of this section, the department must issue a stop-sale order. Upon any conviction pursuant to this section, the department may, if warranted, proceed in accordance with chapter 1-26 to suspend, revoke, or deny renewal of the license of the food service establishment, mobile food service establishment, or temporary food service establishment as provided under §§ 34-18-27.1 and 34-18-27.3. For purposes of this section, the term "cell-cultured meat" means animal tissue that is produced from animal cell cultures grown in a laboratory instead of by the traditional practice of raising and slaughtering animals.

A person may not manufacture for sale cell-cultured meat in this state. A violation of this section is a Class 2 misdemeanor, after notice is provided pursuant to § 39-5-42. Upon any conviction pursuant to this section, the executive secretary of the Animal Industry Board may, if warranted, proceed in accordance with chapter 1-26 to suspend, revoke, or deny any of the violator's meat processing licenses described in § 39-5-11.1. Cell-cultured meat products manufactured in violation of this section may be seized and condemned pursuant to § 39-5-38, to be disposed of by action within the circuit court of this state that has jurisdiction over the place where the product was found. For purposes of this section, the term "cell-cultured meat" means animal tissue that is produced from animal cell cultures grown in a laboratory or bioreactor instead of by the traditional practice of raising and slaughtering animals. 33

Any carcass, part of a carcass, a food product made of cell-cultured meat as defined in section 3 of this Act, or meat food product of any livestock or any dying, crippled, or diseased livestock that is being transported in this state, or is held for sale or donation in this state after such transportation, and that: 24 (1) Is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter; or (2) Is capable of use as human food and is adulterated or misbranded; or (3) In any other way is in violation of this chapter, shall be is liable to be proceeded against and seized and condemned, at any time, by an action in the circuit court of South Dakota this state within the jurisdiction of which the article or animal is found. If the article or animal is condemned it shall must, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the treasury of this state, but the article or animal shall may not be sold contrary to the provisions of this chapter or federal law: Provided, that upon. Upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall may not be sold or otherwise disposed of contrary to the provisions of this chapter or federal law, the court may direct that such the article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the executive secretary of the Animal Industry Board as is necessary to ensure compliance with this chapter. When a decree of condemnation is entered against the article or animal and it is released under bond, or destroyed, court costs and, fees, and storage costs, and other expenses shall must be awarded against the person, if any, intervening as claimant of the article or animal.