Changes to Existing Law

26.279.11 26.279.12 101st Legislative Session 1064 2026 South Dakota Legislature House Bill 1064 HOUSE AGRICULTURE AND NATURAL RESOURCES ENGROSSED Introduced by: Representative Shubeck Underscores indicate new language. Overstrikes indicate deleted language. An Act to provide for the sale of producer-raised meat and meat food products 1 directly to consumers pending legalization under federal law. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 39-5: 4 Except as prohibited by federal law and subject to section 2 of this Act, and 5 notwithstanding any other provision of this chapter, a producer may sell meat or meat 6 food products from cattle, sheep, swine, or goats, which were raised by the producer and 7 slaughtered on the premises of the producer or at a custom exempt plant, if: 8 (1) The meat or meat food product is produced from an animal that was raised, raised by the 9 producer for at least ninety days, slaughtered, and processed in this state; 10 (2) The meat or meat food product is sold personally by the seller, directly to an end 11 consumer in this state; 11 state, at: 12 (a) The seller's primary residence; 13 (b) A farmer's market; 14 (c) A roadside stand; or 15 (d) Another temporary sale venue; and 12 16 (3) A label is affixed to the meat or meat food product packaging at the time of sale 13 17 stating that: 14 18 (a) The meat or meat food product has not been inspected and is not regulated; 15 19 and 16 20 (b) The consumer agrees not to sell, donate, or commercially redistribute the 17 21 meat or meat food product. 18 22 Section 2. Section 1 of this Act is effective on the date that the attorney general certifies to 19 23 code counsel that the sale of any meat or meat food product, in accordance with section 1 of 20 24 this Act, is legalized under federal law. Legalization under federal law consists of either the 21 25 passage of a federal law that allows direct‑to‑consumer sales of uninspected meat or meat 22 26 26.279.12 2 1064 Underscores indicate new language. Overstrikes indicate deleted language. food products or the issuance of a final decision, by a federal court with jurisdiction over this 23 1 state, which declares that the federal prohibition on direct‑to‑consumer sales is 24 2 unconstitutional or otherwise invalid. 25 3

26.279.12 26.279.13 101st Legislative Session 1064 2026 South Dakota Legislature House Bill 1064 HOUSE AGRICULTURE AND NATURAL RESOURCES ENGROSSED Introduced by: Representative Shubeck Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to provide for the sale of producer-raised meat and meat food products 1 directly to consumers pending legalization under federal law. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 39-5: 4 Except as prohibited by federal law and subject to section 2 of this Act, and 5 notwithstanding any other provision of this chapter, a producer may sell meat or meat 6 food products from cattle, sheep, swine, or goats, which were raised by the producer and 7 slaughtered at a custom exempt plant, if: 8 (1) The meat or meat food product is produced from an animal that was raised by the 9 producer for at least ninety days, slaughtered, and processed in this state; 10 (2) The meat or meat food product is sold personally by the seller, directly to an end 11 consumer in this state, at: 12 (a) The seller's primary residence; 13 (b) A farmer's market; 14 (c) A roadside stand; or 15 (d) Another temporary sale venue; and 16 (3) A label is affixed to the meat or meat food product packaging at the time of sale 17 stating that: 18 (a) The meat or meat food product has not been inspected and is not regulated; 19 and 20 (b) The consumer agrees not to sell, donate, or commercially redistribute the 21 meat or meat food product. 22 Section 2. Section 1 of this Act is effective on the date that the attorney general certifies to 23 code counsel that the sale of any meat or meat food product, in accordance with section 1 of 24 this Act, is legalized under federal law. Legalization under federal law consists of either the 25 passage of a federal law that allows direct‑to‑consumer sales of uninspected meat or meat 26 26.279.12 26.279.13 2 1064 Underscores indicate new language. Overstrikes indicate deleted language. HB1064 ENROLLED food products or the issuance of a final decision, by a federal court with jurisdiction over this 1 state, which declares that the federal prohibition on direct‑to‑consumer sales is 2 unconstitutional or otherwise invalid. 26.279.13 3 1064 HB1064 ENROLLED An Act to provide for the sale of producer-raised meat and meat food products directly to consumers pending legalization under federal law. I certify that the attached Act originated in the: House as Bill No. 1064 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1064 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State