prohibit the manufacture, sale, and distribution of any product containing cell-cultured protein, and to provide a penalty therefor.

26.127.32 101st Legislative Session 1057

2026 South Dakota Legislature
House Bill 1057

Introduced by: Representative Sjaarda

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit the manufacture, sale, and distribution of any product containing 1
cell-cultured protein, and to provide a penalty therefor. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 32-22-51.2 be AMENDED: 4
32-22-51.2. The unloading of livestock , as defined by subdivision 39-5-6(11) in 5
§ 39-5-6, is prohibited for the enforcement of violations of §§ 32-22-16 and 32-22-21. 6
The officer shall issue to the driver of the vehicle at the point of violation a special 7
overweight permit for the amount of the overload if the load cannot be adjusted to the 8
legal limits without unloading. The permit authorized pursuant to this section is issued at 9
the flat rate of one hundred dollars for an overweight permit. The flat rate shall include 10
the cost of issuing the permit. This permit authorizes the driver to operate the overweight 11
vehicle to the point of destination within the state or the point of exit from the state. This 12
permit does not, however, exempt the operator from any other enforcement actions. 13
Section 2. That a NEW SECTION be added to chapter 34-18: 14
During the period beginning July 1, 2026, and ending June 30, 2036, a person may 15
not sell, hold, offer for sale, or distribute in this state any product containing cell-cultured 16
protein, as defined in § 39-5-6. 17
A violation of this section is a Class 2 misdemeanor. 18
Upon receipt of a complaint, the department may inspect any food service 19
establishment, mobile food service establishment, or temporary food service 20
establishment for a possible violation of this section, as provided in § 34-18-27.3. If the 21
inspection indicates the establishment is in violation of this section, the department must 22
issue a stop-sale order. 23
Upon any conviction pursuant to this section, the department may, if warranted, 24
proceed in accordance with chapter 1-26 to suspend, revoke, or deny renewal of the 25
26.127.32 2 1057
Underscores indicate new language.
Overstrikes indicate deleted language.
license of the food service establishment, mobile food service establishment, or temporary 1
food service establishment, as provided under §§ 34-18-27.1 and 34-18-27.3. 2
Section 3. That § 39-5-6 be AMENDED: 3
39-5-6. Terms used in this chapter mean: 4
(1) "Animal food manufacturer," any person engaged in the business of manufacturing 5
or processing animal food derived wholly or in part from carcasses, or parts or 6
products of the carcasses, of livestock; 7
(2) "Capable for use as human food," any carcass, or part or product of a carcass of 8
any livestock, unless it is denatured or otherwise identified as required by rules 9
promulgated pursuant to chapter 1-26 by the secretary to deter its use as human 10
food, or it is naturally inedible by humans; 11
(3) "Carcass," any part, including viscera, of any slaughtered livestock, that is capable 12
of being used for human food; 13
(4) "Cell-cultured protein," a product that is produced for use as human food, made 14
wholly or in part from any cell culture or DNA of a host animal, and grown or 15
cultivated outside a live animal. Cell -cultured protein does not include proteins 16
produced through microbial fermentation, enzymatic processing, traditional food 17
cultures, or biotechnology processes used in the manufacture of pharmaceuticals, 18
biologics, vaccines, dietary supplements, enzymes, or medical products, provided 19
those products are not intended to replicate meat or animal tissue for human 20
consumption; 21
(5) "Custom exempt plant," a person engaged in custom slaughtering and preparation 22
of meat food products for household use by the owner as provided in subdivision 23
39-5-11(2); 24
(5)(6) "Federal Meat Inspection Act," the act of Congress approved March 4, 1907, as 25
amended and extended to January 1, 1991 (21 U.S.C.) and the imported meat 26
provisions of subsections 620(b), (c) as amended to January 1, 1991; 27
(6)(7) "Inedible products renderer," any person engaged in the business of rendering 28
carcasses, or parts or products of the carcasses, of livestock, except rendering 29
conducted under inspection or exemption under this chapter; 30
(7)(8) "Inspector," an employee or official of this state authorized by the secretary to 31
inspect livestock or carcasses, parts thereof, or meat food products under this 32
chapter; 33
(8)(9) "Intrastate commerce," commerce wholly within this state; 34
26.127.32 3 1057
Underscores indicate new language.
Overstrikes indicate deleted language.
(9)(10) "Label," a display of written, printed, or graphic matter upon the immediate 1
container (, not including package liners), of any article; 2
(10)(11) "Labeling," any label or other written, printed, or graphic matter upon or 3
accompanying any article or any of its containers or wrappers; 4
(11)(12) "Livestock," cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae 5
as permitted under § 40-3-14, and other species as requested by the owner and 6
authorized by the secretary; 7
(12)(13) "Livestock producer," any natural person, partnership, or corporation if over 8
fifty percent of his or its annual income is derived from production of agricultural 9
products and on whose farm the number of livestock is in keeping with the size of 10
the farm or the volume or character of the agricultural products produced thereon; 11
(13)(14) "Meat," the edible part of the muscle of cattle, bison, sheep, swine, goats, 12
equine, ratites, captive cervidae, and other species as requested by the owner and 13
authorized by the secretary, which is skeletal or which is found in the tongue, in 14
the diaphragm, in the heart, or in the esophagus, with or without the accompanying 15
and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels 16
which normally accompany the muscle tissue and which are not separated from it 17
in the process of dressing. It does not include the muscle found in the lips, snout, 18
or ears; 19
(14)(15) "Meat broker," any person engaged in the business of buying or selling livestock 20
carcasses, parts thereof, or meat food products on commission, or otherwise 21
negotiating purchases or sales of such these articles other than for his own account 22
or as an employee of another person; 23
(15)(16) "Meat by-product," any edible part other than meat , which has been derived 24
from one or more cattle, bison, sheep, swine, goats, equine, ratites, captive 25
cervidae, and other species as requested by the owner and authorized by the 26
secretary; 27
(16)(17) "Meat food products," any product capable of use as human food, which is made 28
wholly or in part from any meat or other portion of the carcass of any cattle, bison, 29
sheep, swine, goats, equine, ratites, captive cervidae, and other species as 30
requested by the owner and authorized by the secretary, excepting products which 31
that contain meat or other portions of such carcasses only in a relatively small 32
proportion, or historically have not been considered by consumers as products of 33
the meat food industry, and which are exempted from definition as a meat food 34
product by regulations rules promulgated by the secretary pursuant to chapter 1-35
26.127.32 4 1057
Underscores indicate new language.
Overstrikes indicate deleted language.
26, under such conditions as those conditions the secretary may deem appropriate 1
to effectuate the purposes of this chapter; 2
(17)(18) "Meat processing establishment," an official establishment as defined in this 3
section engaged in the preparation or processing of meat food products; 4
(18)(19) "Official certificate," any certificate prescribed by rules promulgated pursuant 5
to chapter 1-26 by the secretary for issuance by an inspector or other person 6
performing official functions under this chapter; 7
(19)(20) "Official establishment," any establishment in this state as determined by the 8
secretary at which inspection of the slaughter of livestock or the preparation of 9
livestock carcasses or parts thereof or meat products is maintained under this 10
chapter; 11
(20)(21) "Official inspection legend," any symbol prescribed by rules promulgated by the 12
secretary pursuant to chapter 1-26 showing that an article was inspected and 13
passed in accordance with this chapter; 14
(21)(22) "Official mark," the official inspection legend or any other symbol prescribed by 15
rules promulgated by the secretary pursuant to chapter 1-26 to identify the status 16
of any article or animal under this chapter; 17
(22)(23) "Prepared," slaughtered, canned, salted, rendered, boned, cut up, or otherwise 18
manufactured or processed; 19
(23)(24) "Retail dealer," any person engaged in selling carcasses, parts thereof, or meat 20
food products of cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae, and 21
other species as requested by the owner and authorized by the secretary; 22
(24)(25) "Retail store meat processor," a person engaged in the retail sale of food for 23
human consumption, the retail sale of meat food products, and in the processing 24
or preparation of meat or meat by-products for retail sale as meat food products; 25
(25)(26) "Secretary," executive secretary of the South Dakota State Animal Industry 26
Board, or any person authorized to act in his stead; 27
(26)(27) "Slaughtering establishment," an official establishment as defined in this 28
section engaged in the slaughtering of livestock; and 29
(27)(28) "Veterinary inspector," an employee or official of this state, licensed to practice 30
veterinary medicine in this state, and authorized by the secretary to inspect 31
livestock or carcasses, parts thereof, or meat food products under this chapter. 32
Section 4. That § 39-5-38 be AMENDED: 33
26.127.32 5 1057
Underscores indicate new language.
Overstrikes indicate deleted language.
39-5-38. Any carcass, part of a carcass, product made of cell-cultured protein, or 1
meat food product of any livestock or any dying, crippled, or diseased livestock that is 2
being transported in this state, or is held for sale or donation in this state after such 3
transportation, and that: 4
(1) Is or has been prepared, sold, transported, or otherwise distributed or offered 5
or received for distribution in violation of this chapter; or 6
(2) Is capable of use as human food and is adulterated or misbranded; or 7
(3) In any other way is in violation of this chapter, 8
shall be is liable to be proceeded against and seized and condemned, at any time, 9
by an action in the circuit court of South Dakota this state within the jurisdiction of which 10
the article or animal is found. During the time period beginning July 1, 2026, and ending 11
June 30, 2036, any product made of cell -cultured protein in violation of this chapter, is 12
liable to be proceeded against and seized and condemned, at any time, by an action in 13
the circuit court of this state within the jurisdiction of which the article or animal is found. 14
If the article or animal is condemned , it shall must, after entry of the decree, be 15
disposed of by destruction or sale as the court may direct and the proceeds, if sold, less 16
the court costs and fees, and storage and other proper expenses, shall must be paid into 17
the treasury of this state, but the article or animal shall may not be sold contrary to the 18
provisions of this chapter or federal law : Provided, that upon . Upon the execution and 19
delivery of a good and sufficient bond conditioned that the article or animal shall may not 20
be sold or otherwise disposed of contrary to the provisions of this chapter or federal law, 21
the court may direct that such the article or animal be delivered to the owner thereof, 22
subject to such supervision by authorized representatives of the secretary of the Animal 23
Industry Board as is necessary, to ensure compliance with this chapter. When a decree of 24
condemnation is entered against the article or animal and it is released under bond , or 25
destroyed, court costs and, fees, and storage costs, and other expenses shall must be 26
awarded against the person, if any, intervening as claimant of the article or animal. 27
Section 5. That a NEW SECTION be added to chapter 39-5: 28
During the period beginning July 1, 2026, and ending June 30, 2036, a person may 29
not manufacture for sale in this state any product containing cell-cultured protein. 30
A violation of this section is a Class 2 misdemeanor, after notice is provided 31
pursuant to § 39-5-42. 32
26.127.32 6 1057
Underscores indicate new language.
Overstrikes indicate deleted language.
Upon any conviction pursuant to this section, the secretary may proceed in 1
accordance with chapter 1-26 to suspend, revoke, or deny any of the violator's meat 2
processing licenses described in § 39-5-11.1. 3
Meat food products containing cell -cultured protein, manufactured in violation of 4
this section, may be seized and condemned pursuant to § 39-5-38, to be disposed of by 5
action of the circuit court having jurisdiction over the location where the product was 6
found. 7