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

26.668.9 101st Legislative Session 123

2026 South Dakota Legislature
Senate Bill 123

Introduced by: Senator Perry

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An Act to prohibit the manufacture, sale, and distribution of any product containing 1
cell-cultured protein, and 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
A person may not sell, hold, offer for sale, or distribute in this state any product 15
containing cell-cultured protein, as defined in § 39-5-6. 16
A violation of this section is a Class 2 misdemeanor. 17
Upon receipt of a complaint, the department may inspect any food service 18
establishment, mobile food service establishment, or temporary food service 19
establishment for a possible violation of this section, as provided in § 34-18-27.3. If the 20
inspection indicates the establishment is in violation of this section, the department must 21
issue a stop-sale order. 22
Upon any conviction pursuant to this section, the department may proceed in 23
accordance with chapter 1-26 to suspend, revoke, or deny renewal of the license of the 24
26.668.9 2 123
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food service establishment, mobile food service establishment, or temporary food service 1
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; 16
(5) "Custom exempt plant," a person engaged in custom slaughtering and preparation 17
of meat food products for household use by the owner as provided in subdivision 18
39-5-11(2); 19
(5)(6) "Federal Meat Inspection Act," the act of Congress approved March 4, 1907, as 20
amended and extended to January 1, 1991 (21 U.S.C.) and the imported meat 21
provisions of subsections 620(b), (c) as amended to January 1, 1991; 22
(6)(7) "Inedible products renderer," any person engaged in the business of rendering 23
carcasses, or parts or products of the carcasses, of livestock, except rendering 24
conducted under inspection or exemption under this chapter; 25
(7)(8) "Inspector," an employee or official of this state authorized by the secretary to 26
inspect livestock or carcasses, parts thereof, or meat food products under this 27
chapter; 28
(8)(9) "Intrastate commerce," commerce wholly within this state; 29
(9)(10) "Label," a display of written, printed, or graphic matter upon the immediate 30
container (,not including package liners), of any article; 31
(10)(11) "Labeling," any label or other written, printed, or graphic matter upon or 32
accompanying any article or any of its containers or wrappers; 33
26.668.9 3 123
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(11)(12) "Livestock," cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae 1
as permitted under § 40-3-14, and other species as requested by the owner and 2
authorized by the secretary; 3
(12)(13) "Livestock producer," any natural person, partnership, or corporation if over 4
fifty percent of his or its annual income is derived from production of agricultural 5
products and on whose farm the number of livestock is in keeping with the size of 6
the farm or the volume or character of the agricultural products produced thereon; 7
(13)(14) "Meat," the edible part of the muscle of cattle, bison, sheep, swine, goats, 8
equine, ratites, captive cervidae, and other species as requested by the owner and 9
authorized by the secretary, which is skeletal or which is found in the tongue, in 10
the diaphragm, in the heart, or in the esophagus, with or without the accompanying 11
and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels 12
which normally accompany the muscle tissue and which are not separated from it 13
in the process of dressing. It does not include the muscle found in the lips, snout, 14
or ears; 15
(14)(15) "Meat broker," any person engaged in the business of buying or selling livestock 16
carcasses, parts thereof, or meat food products on commission, or otherwise 17
negotiating purchases or sales of such these articles other than for his own account 18
or as an employee of another person; 19
(15)(16) "Meat by-product," any edible part other than meat , which has been derived 20
from one or more cattle, bison, sheep, swine, goats, equine, ratites, captive 21
cervidae, and other species as requested by the owner and authorized by the 22
secretary; 23
(16)(17) "Meat food products," any product capable of use as human food which is made 24
wholly or in part from any meat or other portion of the carcass of any cattle, bison, 25
sheep, swine, goats, equine, ratites, captive cervidae, and other species as 26
requested by the owner and authorized by the secretary, excepting products which 27
that contain meat or other portions of such carcasses only in a relatively small 28
proportion or historically have not been considered by consumers as products of 29
the meat food industry, and which are exempted from definition as a meat food 30
product by regulations rules promulgated by the secretary pursuant to chapter 1-31
26, under such conditions as those conditions the secretary may deem appropriate 32
to effectuate the purposes of this chapter; 33
(17)(18) "Meat processing establishment," an official establishment as defined in this 34
section engaged in the preparation or processing of meat food products; 35
26.668.9 4 123
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(18)(19) "Official certificate," any certificate prescribed by rules promulgated pursuant 1
to chapter 1-26 by the secretary for issuance by an inspector or other person 2
performing official functions under this chapter; 3
(19)(20) "Official establishment," any establishment in this state as determined by the 4
secretary at which inspection of the slaughter of livestock or the preparation of 5
livestock carcasses or parts thereof or meat products is maintained under this 6
chapter; 7
(20)(21) "Official inspection legend," any symbol prescribed by rules promulgated by the 8
secretary pursuant to chapter 1-26 showing that an article was inspected and 9
passed in accordance with this chapter; 10
(21)(22) "Official mark," the official inspection legend or any other symbol prescribed by 11
rules promulgated by the secretary pursuant to chapter 1-26 to identify the status 12
of any article or animal under this chapter; 13
(22)(23) "Prepared," slaughtered, canned, salted, rendered, boned, cut up, or otherwise 14
manufactured or processed; 15
(23)(24) "Retail dealer," any person engaged in selling carcasses, parts thereof, or meat 16
food products of cattle, bison, sheep, swine, goats, equine, ratites, captive 17
cervidae, and other species as requested by the owner and authorized by the 18
secretary; 19
(24)(25) "Retail store meat processor," a person engaged in the retail sale of food for 20
human consumption, the retail sale of meat food products, and in the processing 21
or preparation of meat or meat by-products for retail sale as meat food products; 22
(25)(26) "Secretary," executive secretary of the South Dakota State Animal Industry 23
Board, or any person authorized to act in his stead; 24
(26)(27) "Slaughtering establishment," an official establishment as defined in this 25
section engaged in the slaughtering of livestock; and 26
(27)(28) "Veterinary inspector," an employee or official of this state, licensed to practice 27
veterinary medicine in this state, and authorized by the secretary to inspect 28
livestock or carcasses, parts thereof, or meat food products under this chapter. 29
Section 4. That § 39-5-38 be AMENDED: 30
39-5-38. Any carcass, part of a carcass, product made of cell-cultured protein, or 31
meat food product of any livestock or any dying, crippled, or diseased livestock that is 32
being transported in this state, or is held for sale or donation in this state after such 33
transportation, and that: 34
26.668.9 5 123
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(1) Is or has been prepared, sold, transported, or otherwise distributed or offered 1
or received for distribution in violation of this chapter; or 2
(2) Is capable of use as human food and is adulterated or misbranded; or 3
(3) In any other way is in violation of this chapter, 4
shall be is liable to be proceeded against and seized and condemned, at any time, 5
by an action in the circuit court of South Dakota this state within the jurisdiction of which 6
the article or animal is found. If the article or animal is condemned , it shall must, after 7
entry of the decree, be disposed of by destruction or sale as the court may direct and the 8
proceeds, if sold, less the court costs and fees, and storage and other proper expenses, 9
shall must be paid into the treasury of this state, but the article or animal shall may not 10
be sold contrary to the provisions of this chapter or federal law: Provided, that upon. Upon 11
the execution and delivery of a good and sufficient bond conditioned that the article or 12
animal shall may not be sold or otherwise disposed of contrary to the provisions of this 13
chapter or federal law, the court may direct that such the article or animal be delivered to 14
the owner thereof subject to such supervision by authorized representatives of the 15
secretary of the Animal Industry Board as is necessary , to ensure compliance with this 16
chapter. When a decree of condemnation is entered against the article or animal and it is 17
released under bond , or destroyed, court costs and, fees, and storage costs, and other 18
expenses shall must be awarded against the person, if any, intervening as claimant of the 19
article or animal. 20
Section 5. That a NEW SECTION be added to chapter 39-5: 21
A person may not manufacture for sale in this state any product containing cell -22
cultured protein. 23
A violation of this section, after notice is provided pursuant to § 39-5-42, is a Class 24
2 misdemeanor. 25
Upon any conviction pursuant to this section, the secretary may proceed in 26
accordance with chapter 1-26 to suspend, revoke, or deny any of the violator's meat 27
processing licenses described in § 39-5-11.1. 28
Meat food products containing cell -cultured protein, manufactured in violation of 29
this section, may be seized and condemned pursuant to § 39-5-38, to be disposed of by 30
action of the circuit court having jurisdiction over the location where the product was 31
found. 32