ENTITLED An Act to revise conditions for selling non-temperature-controlled baked goods without license.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-18-37 be AMENDED:

34-18-37. Labeling of baked and canned goods--Contents of label--Identification number.

Unless otherwise provided in this section, no baked good or canned good may be sold unless it has a label that includes the following information:

(1) Name of the product;

(2) Name of the producer;

(3) Physical address of production;

(4) Mailing address of the producer;

(5) Telephone number of the producer;

(6) Date the product was made or processed;

(7) Ingredients; and

(8) A disclaimer that states: "This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish."

Section 2. That § 34-18-38 be AMENDED:

34-18-38. Sale of non-temperature-controlled baked goods from primary residence--Exemption from licensure--Conditions for exemption.

Any person selling non-temperature-controlled baked goods at the person's primary residence is exempt from the licensing and license fee provisions of this chapter if:

(1) The non-temperature-controlled baked goods meet the requirements of § 34-18-37;

(2) The non-temperature-controlled baked goods are sold in the seller's physical presence at:

(a) The seller's primary residence;

(b) A farmer's market;

(c) A roadside stand; or

(d) Other temporary sale venue; and

(3) The seller, or a person residing at the seller's primary residence, personally delivers the non-temperature-controlled baked goods to the buyer at the completion of the sale.

An Act to revise conditions for selling non-temperature-controlled baked goods without license.

I certify that the attached Act originated in the: House as Bill No. 1125 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1125 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2020 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2020 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2020 at _________ o'clock __M. Secretary of State By Asst. Secretary of State