21-61-1      Definition of terms.
21-61-2      Prohibition on recovery based on claims of weight gain, obesity, or health condition resulting from long-term consumption of qualified product.
21-61-3      Application of chapter to pending claims.
21-61-4      Short title of chapter.

21-61-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Livestock," cattle, bison, swine, sheep, goats, horses, ratites, and captive cervidae;

(2)    "Livestock producer," any producer of livestock;

(3)    "Long-term consumption," the cumulative effect of the consumption of any qualified product and not the effect of a single instance of consumption;

(4)    "Qualified product," any food or drink as defined in section 201(f) of the Federal Food Drug and Cosmetic Act (21 U.S.C. §  321(f)), in effect as of January 1, 2004, and specifically including meat and meat products from livestock;

(5)    "Seller," any person or entity lawfully engaged in the business of marketing, distributing, advertising, or selling a qualified product;

(6)    "Trade association," any association or business organization that is not operated for profit, if two or more members are manufacturers, marketers, distributors, livestock producers, advertisers, or sellers of a qualified product.

Source: SL 2004, ch 146, § 1.

21-61-2. Prohibition on recovery based on claims of weight gain, obesity, or health condition resulting from long-term consumption of qualified product.

No manufacturer, seller, trade association, livestock producer, or retailer of a qualified product is subject to civil liability for injury or death in any case in which liability is based on the individual's weight gain, obesity, or a health condition related to weight gain or obesity, and the weight gain, obesity, or health condition results from the individual's long-term consumption of a qualified product.

Source: SL 2004, ch 146, § 2.

21-61-3. Application of chapter to pending claims.

Any civil action regarding a claim as set forth in § 21-61-2 that is governed by the laws of South Dakota and that is pending on the date of the enactment of this chapter shall be subject to the terms of this chapter.

Source: SL 2004, ch 146, § 3.

21-61-4. Short title of chapter.

This chapter may be cited as the Commonsense Consumption Act.

Source: SL 2004, ch 146, § 4.